Oyster Fishery Act 1873 (SA)

ANNO TRICESIMO SEPTIMO

No. 13.

AR Act to provide for the formation and protection of Oyster Beds, and to prevent the wanton destruction, Oyf Oysters.

[Assented to, 18th December, 1873.1

HEREAS it is expedient to provide for the formation and Preamble.

W protection of Oyster Beds, and to prevent the wanton des-	truction of Oysters-Be it therefore Enacted by the Governor of the
Province of Fouth Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may .be cited as the Oyster Fishery Act, 1873." Title of A C ~.

X

2. The Act No. 15 of 1 853, intituled An Act to encourage the Repeal of A O ~ NO. 16

formation of Oyster Beds, and to protect the same," is hereby	lSb5.
repealed: Provided that nothing herein shall affect any act or
thing lawfully made or done under the authority of the said Act;
and all offences committed and penalties incurred under the said Act, shall be prosecuted and enforced as if this Act had not been passed.

3. Where no natural oyster beds at present exist, it shall be lawful P ~ r ~ ~ n t o f o r m

for any person, with the permission in writing of the Marine oyater be&.

and ocoupy artificial

Board, to form or plant any artificial oyster bed on the shore adjacent to any Crown lands bordering on the sea or any estuary, and also for the occupier of any lands bordering on the sea or any estuary, with the permission aforesaid, or for any other person with the consent of such occupier, and with the like permission, to form Or plant any artificial oyster bed on the shore adjacent to such last- mentioned lands; and every such permission shall set forth the boun-.

daries

The' Oyster Fishery Act.-1873.

daries and limits within which such oyster bed may be formed, and every such permission shall be in the form contained in the Schedule to this Act, or to the like eftect.

Permu obtaining	4. Every person to whom any such permission shall have been issued shall forthwith publish in the South Australiun Government Gazetk, a description of the situation, bearings, and boundaries of the oyster bed authorized by such permission, and unless, within twelve months from the issuing of the same, an oyster bed shall have been laid down and marked off, and stocked by the person holding such permission, or if such bed shall cease to be used as an oyster bed for twelve calepdar months, the permission so issued shall cease and determine.
permieeion, to publish
dencription of beds.

The person fbrming or planting any such artificial oyster bed, his executors, administrators, and assigns (paying to the Treasurer for the public uses of the said Province such yearly sum for the same as the said Marine Board shall in and by the said permission require), shall, subject to the provisions of this Act, be entitled to hold the same for such period, not exceeding twenty-one years, as the said Marine Board may think fit as tenant thereof; but the forming and planting of such artificial oyster bed as aforesaid shall not give any exclusive right or title to the occupation of the said shore or sea ground except for the purpose aforesaid, nor prevent the full and free exercise and enjoyment of any right whatsoever, subject to the provisions of

5.

~ i g h t ~ of the occupier.

this Act, in or along the said shore or sea ground.

Pendtyforinterforing 6.

If any person shall interfere with, remove, or destroy oysters from any artificial oyster bed without the consent of the person having per- mission to form such bed as aforesaid, e'very such person shall fbrfeit and pay a penalty of not less than Twenty Shillings nor more than Fifty Pounds, and shall also in addition to such penalty forfeit and pay to the party aggrieved such sum of money, not exceeding One Hundred Pounds, as shall appear to the Special Magistrate or

with beds.

reasonable compensation for the damage and injury done, which Justices. before whom such person shall be convicted, to be a

C6mpsnsation.

compensation the said Special Magistrate or Justices are hereby

authorized to assess and determine.

Oysters not to be 7. Every peson who shall, during the months of September,

Or OBe*edfO' October, and November, in any year, by any means whatsoever

&ale during certain

periods.

take or catch any oysters or oyster brood, or shall dredge for oysters or oyster brood, or use any oyster dredge, or any net, instrument, or engine whatsoever, for the purpose of taking or catching oysters or oyster brood, although no oysters or oyster brood shall be actually taken, or shall with any net, instru- ment, or engine, drag upon the ground or soil of any natural or artificial oyster bed, except for the purpose of cleaning any artificial oyster bed, and except as hereinafter mentioned, or shall sell, or offer for sale, any oysters or oyster brood shall, for each and every such offence, forfeit and pay a penalty of ' not exceeding Twenty

Pounds. 8. If

\

37" VICTORlllfi'2, No. 13. 78 I

The Oyster fishery Act-l 87 3.

8, If any person shall knowingly deposit on any natural or Penaltyfor d e p i t i a g

artificial oyster bed any ballast, sand, mud, refuse, or injurious &p"	matter On
I
matter of any nature whatsoever, whether such ballast, sand, mud, refuse, or injurious matter shall have been raised from such natural or artificial oyster bed, or shall have been obtained elsewhere, every such person shall forfeit and pay a penalty of not exceeding Twenty Pounds, in addition to such reasonable compensation for the damage and injury done, not exceeding One Hundred Puunds, as the Special Magistrate or Justices adjudicating may determine.

9. The Commissioner of Crown Lands and Immigration may, Commissioner close natural ogster may

from time to time, by one calendar month's notice, published in

the South Austrnlian Government Gazette, fix a term not exceeding three years during which any natural oyster bed shall be closed, whereupon the same shall be closed accordingly for the term specified in such notice, and every person who shall by any means whatsoever take, catch, or dredge for, or attempt to take, catch, or dredge for any oysters or oyster brood from any closed natural oyster bed during such' term, shall, for each and every such offence, forfeit and pay a penalty of not exceeding Twenty Pounds.

10. Notwithstanding the provisions hereinbefore contained, it shall Power during cbee seaem to roplenieh

be lawful for any person having such permission as aforesaid, and	bd8,
for any person claiming under him, or aut!lorized in writing by
him, during the months of September, October, and November. in anv to take, catch, and 'dredge for oysters and oyster brood from any unclosed natural oyster bed lying below the level of the lowest water of spring tides, for the purpose of supplying and replenishing any such artificial oyster bed as aforesaid, and
for no other purposes whatsoever: Provided that notice in
writing of the intention so to dredge for and take oysters and oyster brood, and of the beds from and to which the same are intended to be removed, shall have been given to the said Marine Board and printed in some newspaper pub- lished in the neighbourhood of the said beds respectively, if any

days before dredging for cr taking such oysters and oyster brood. there be, and if not, then in one of thc Adelaide newspapers fourteen 11. If any person, whilst lawfully taking, catching, or dredging for Oy~ter brood, C ~ I ~ C ~,

oysters, on or from any natural oyster bed, shall happen to raise, take, ; ~ ~ ~ ~ ~ l; ~; ~; ~ & ~	or catch any oyster brood, spat, or cdtch, or any small oysters whencetaken.
the shells of which are less than six inches in circumference, and shall not within six hours thereafter return such brood, spat, cultch, or small oysters as aforesaid to such natural oyster bed, every such person shall forfeit and pay a penalty not exceeding Ten Pounds.

12. The provisions hereinbefore contained shall not apply to any Ex~ept in ~ r t a i n

person raising, taking, or catching such oyster brood, spat, cultch, or

fmall oysters as aforesaid for the purpose only of supplying or re-

plenishing any such artificial oyster bed as hereinbefore mentioned,	8
but the proof of suoh purpose shall lie on the defendant.

13. Any

Disdoverers of natural	13. Any person who shall discover any natural oyster bed, shall,
oyster beds to have

exolueive right	upon application to the Commissioner of Crown Lands and Immi-
thereto for two	gration, and upon proof to his satisfaction that such person is the
years.	first discoverer of sucli oyster bed, be entitled to receive a licence entitling him to the exclusive use of such oyster bed, within the boundaries and limits within such licence mentioned, for the purpose of taking, catching, or dredging for oysters therefrom for the period of two years from the date of such licence, subject to the provisions of this Act,

On seooad conviotion	14. If any person holding a permission under this Act shall
permission to be for-

feited.	be convicted of a second or subsequent offence against the
provisions of this Act, such person shall, in addition to any penalties which may be imposed upon him under the provisions hereinbefore contained, forfeit any permission he may have ob- tained under the authority hereof, and shall be incapable of holding any similar permission for the period of three years, from
the date of such conviction.
Who may lay infor-	15. Informatims may be laid for any offence against this Act at the instance of any person, and all fines and penalties for any such offence, and all sums of money payable as and for compensa- tion under the provisions hereof, may be recovered in a summary wag', before any Special Magistrate or two Justices of the Peace,
mations.
Summary procedure.	under the provisions of an Ordinance, No. 6 of 1850, "To facilitate the performance of the duties of Justices of the Peace out of Session, with respect to summary convictions and orders," or of any Act hereafter to be in force for facilitating the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and orders may be enforced as in the said Ordinance
or Act is mentioned.

Appeal. 16. There shall be an appeal from any order or conviction of my

Special Magistrate or Justices under this Act, or from any order	dismissing any information, or for the payment of costs, or otherwise,
which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the proceedings on such appeal shall be con- ducted in manner appointed by the said Ordinance, No. B of 18250, for appeals to Local Courts, or by any Act amending the same; but such Local Court of Adelaide, aforesaid, may make such order as to the payment of the costs of appeal as it shall think fit, although
such costs may exceed Ten Pounds.

Half of penalties to 17. One half part of every sum which shall be imposed as a penalty under this Act shall be paid to the person on whose information the conviction shall have been obtained, unless compensation shall have been awarded to such person, in which case no further sum shall be paid to him than the amount of such compensation, and the other

inf~mer, unless com-

pensation awarded.

half, or the whole, of every such penalty, as the case may be, shall be

paid to the Treasurer for the public uses of the said Province.

18. The

37" VICTORIB, No. 13. 75

The Oyster Piishery Act.-1873.

18; The provisions of Act No. 4 of 1859, intituled An Act for Act No* apply to stealing

4 of 1869, to

consolidating the Statute Law in force in South Australia, relating	t h i ~	act.
to indictable offences against property by larceny and other offences connected therewith" shall apply to the stealing of any oysters, oyster brood, or oyster spat, from any natural or artificial oyster bed,
and the eighth section of the said Act shall be read and construed
as applying to any oyster bed named in any licence or permission
granted or issued under the authority of this Act.

19. This Act shall not apply to that portion of the said Province act not to ap@y to

commonly known as the Northern Territory. Northern Territory.

In the name and on behalf of Her Majesty I hereby assent to

this Act.

A, MUSGRAVE, Governor.

SCHEDULE

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76 3'70 VTCTURILZE, NO. 13.

-

The Oyster Fishery Act. --l 873.

- -

SCHEDULE REFERRED TO.

These are to permit A. B. and C. D, to form and plant an artificial oyster bed on

the shore or sea ground adjacent to and commencing at

and continuing thence in a [northerly] direction to and extending

between the limits aforesaid to a distance of from high water mark [or such other description as may be ?zecessary], and in consideration of the paymentbg them, their executors, administrators, or assigns, of the annual rent of

an the day of in every year in advance (the first payment being made on

the day of next), they, their executors, administrators, or assigns, may

hold the said oyster bed for the term of commencing from the

day of next, but only for the purpose aforesaid.

Dated at Port Adelaide the day of

President of Marine Board.

4

Adelaide : By authority, W. C. Cox, Government Printer,