Oyster Beds Act 1853 (SA)

No. 15.

An Act to cncouruge the fo rmrttion o j Oyster i3c(ls, and to probct

t he same.

[Assented to, December 9, 1853.1

{REAS it is expedient to encourage t l ~ e formation of Preamble.

WH" therefore 13nactetl, by the Lieutenaut-G ovc?rilor of South Australia, Oyster Beds, and to \)roteet persolis fbrming the same-Be it

with the advice and consent of the Legislative Couiicil thereof, as

follows:

1. It shall be lawful for tlle Governor, or any person by him ~ O I Governor mation of Oyster license

autlrorized in that behalf, to license the formation of Oyster Beds, B ~ ~ S.

in placcs where no natiral Oyster Beds at present "exist, and

to prescribe the limits within which m y licence fbr that purpose

~ h d l be exercised. ancl the extent of the bed, not exceeding two

hundred yards in frontage along the coast, to be formed under the

autlmrity of such licence; and every licerlcc to he granted under the

authority hereof shall be void unless, within six months from the

grmtiag of the same, an Oyster Bed shall have bccn laid down and

umrked oE, and stocked by the person boldiug such liceuce, or if

the same shall cease to be used as an Oyst'er Bed for twelve calendar

moutl~s.

2. Every person to wham any such licence s h d have been Person obtaining licence, to publibh

granted shall fortllwith publish in the ~iPouth dustrrrlion Ormernmmt deaoriptiun of

Gazette a description of the situation, hearings, boundarics, and dis-

tinctive marks of the Oyster Bcd ruthorized by such licence.

3. Any person who shall have obtained such licence and published Parsons having li- cence, solely entitled

such description as aforesaid, and who shall have marked out the tu	of oybtar
Oyster Bed specified in such licence by proper syd sufficient marks Bed.

wa and

and buoys corresponding to such description, shall be solely entitled to all the Oysters produced and being wit'hin the limits of such Oyster Bea, and shall he entitled to the same rcn~edies for the unlawfi~l

taking of any Oysters therefrorn, and for any injury done to the

same or to the buoys or other marks indicating the boundary thereof,

as though he were lawfully possessed of the soil of such Oyster Bed.

Stealing Oystms, 4. Any person who shall steal any Oysters, or Oyster Brood, or

larceny. Oyster Spat, from any Oyster Bed named in any such licence, and sufficiently marked out as aforesaid, and the description whereof shall have been duly advertised as aforesaid, shall be guilty of larceny,

foraame,mlsdemetmor. who shall zuilawfully and wilfully use any dredge or instrument tJnlawfully dredging and, upon conviction, shall be punished accordingly; and any persou

within the limits of any such Oyster Bed for the purpose of taking Oysters or Oyster Brood, though none shall be actually taken, shall be guilty of a misdemeanor, and, upon conviction, shall be liable to a fine not exceeding Twcnty Pounds, or to be imprisoned, with hard labor, for any period not exceeding three calendar months.