| in t h e in teres t of owners and lessees of land as in t h a t of the Crown to encourage t he des t ruct ion of such animals and of such o thers as m a y be found de t r imenta l to Live Stock Pas tu re s or Crops Be i t therefore enac ted by the Queen ' s Most Exce l len t Majes ty by and w i t h | t he |
No. XI.
An Act to protect the Pastures and Live Stock
of the Colony from the depredations of
certain noxious Animals. [12th July, 1880.]
WH E R E A S serious damage and loss on s tock owners a n d it is necessary as wel l Marsupia l s in m a n y Dis t r ic ts of this Colony have inflicted
| the | depredat ions | of | Rabb i t s | Na t ive | Dogs | and |
| t he advice and consent of t h e Legis la t ive | Counci l and | Legis la t ive |
| Assembly | of N e w South Wales | in P a r l i a m e n t | assembled a n d | by the |
au thor i ty of t h e same as follows :—
1. This A c t shall be styled t h e " Pas tures and Stock Pro tec t ion
A c t " and in its cons t ruct ion t he following expressions in inver ted
commas shal l unless t h e con tex t otherwise indicate bear t h e mean ings
| and inc lude t h e an imals set against t h e m | respect ively— |
| " B o a r d " — T h e | Board | of Directors | in | any distr ict as const i tu ted |
| " | D i s t r i c t " — A n y | sheep distr ict | proclaimed | and | defined u n d e r | t he |
Diseases i n Sheep Ac t s in force for t h e t ime be ing
| " Governor " — T h e | Governor w i t h | t h e | advice of | t h e | Execu t ive |
Counci l .
" L a r g e Stock " — A n y bul l s cows oxen steers heifers or calves or
any horses mares geldings fillies foals asses or mu le s .
| " | M a r s u p i a l " — A n y | kangaroo | wallaroo wal laby | or | paddamelon . |
| " N a t i v e | D o g " — A n y | dingo | or na t ive | dog or any dog whatever |
wh ich has become wild.
| " Noxious An ima l s "—Marsup i a l s | or na t ive dogs as | hereinbefore |
| defined rabbi ts a t l a rge and any an imal to which | the |
| provisions of th is A c t shal l have been extended in | p u r s u a n c e |
| of t he t h i r t i e th | section | hereof. |
| " O w n e r " — Inc ludes | t he | person for | t h e t ime be ing in | t h e |
author ized possession or charge of l and or large stock or sheep.
" Scalp " — A port ion of t h e skin of t h e head to wh ich bo th ears
" Sheep " — A n y r a m s ewes wethers or lambs .
2. The several Sheep Dis t r ic ts as defined and proclaimed unde r
t he Diseases in Sheep Ac t s in force for t h e t ime be ing shall be distr icts
for t h e purposes of th i s A c t Provided t h a t i t shall be lawful for t h e
| Governor to declare by notification publ ished in the Gazette | t h a t a n y |
n a m e d Sheep Dis t r ic t shal l bo exempt from t h e operat ion of th i s A c t and to cancel such notification in any case where i t shall appear to h i m t h a t such exempt ion should be d iscont inued Provided fur ther t h a t
| w i th in every such Sheep Dis t r ic t no t exempted as hereinbefore | provided |
| t h e | provisions | of | t h e Ac t s ix teen th Victoria n u m b e r forty-four | in t i tu led |
"An Act to facilitate and encourage the destruction of Native Dogs" shal l so far as t h e said A c t authorizes any assessments or charges to be made for t he purpose thereof be suspended so long as t h e Board of such Dis t r ic t shall carry out t h e provisions of th i s A c t in respect to the
| dest ruct ion of na t ive dogs b u t no th ing in th is A c t conta ined shall | affect |
| the provisions | of t h e A c t t h i r t y -n in th | Victor ia n u m b e r | fifteen. |
3 . I n every distr ict t he r e shal l be a Board of e ight directors which shal l be composed of t h e sheep directors for t h e district for t h e t ime be ing and of t h ree owners of l a rge stock to be elected as herein after provided All vacancies in t h e office of any such elected director caused b y dea th res ignat ion or otherwise shall be filled u p by t h e Board a t special mee t ings a t which no t less t h a n t en clear days not ice
| shall be given to the directors | A n d a t all meet ings of t h e Board |
| th ree member s shall be a quorum. |
| 4. The first election of directors shal l t ake place a t a t i m e and place to be notified in t h e Gazette | b y t h e Minis te r charged wi th | t h e |
| admin is t ra t ion of th i s Act and thereaf ter | such election shal l t ake place |
| annua l ly a t t h e same t imes and | places and in the same m a n n e r as t h e |
| elect ion of sheep directors. |
5. A n y owner of no t less t h a n one h u n d r e d head of large stock shall be qualified to be elected a director and any owner of not less t h a n one hund red head thereof or t h e du ly author ized super in tenden t of any owner of not less t h a n two thousand head thereof m a y vote a t the election
of directors unde r th is A c t A n d the n u m b e r of votes to be given b y any- such owner or super in tenden t shall be in accordance wi th t h e scale con ta ined in Schedule A here to Al l quest ions as to t he qualification of such owners as candidates or electors shall be settled b y reference to t h e r a t e book If in a n y distr ict no directors or a n insufficient n u m b e r of direc tors be elected t he Governor may appo in t a sufficient n u m b e r of persons to be directors whe the r possessed of t h e aforesaid qualification or not .
6. The Board shall appoin t a secretary and shall annua l ly a t a n o t h e r m e m b e r as t reasurer I n t h e absence of t h e c h a i r m a n t h e Board m a y a t any mee t ing from the member s t h e n presen t elect a cha i rman for t h e t ime be ing A n d all proceedings aga ins t or by t h e Board m a y be t aken in t he n a m e of t h e cha i rman or secretary thereof.
| t h e | first | mee t ing | thereof | elect | one | of | i ts m e m b e r s | as c h a i r m a n a n d |
7. The Board shall have power to t a k e all proper and lawful measures to ensure t h e des t ruc t ion wi th in i ts district of all noxious an imals wi th in t he operat ion of th is A c t and for t h a t purpose m a y out of t h e moneys raised unde r this Ac t pay as rewards for such des t ruc t ion such sums by way of bonus for t h e scalps of such animals as t he said Board m a y from t ime to t ime de te rmine a t meet ings specially called for t h a t purpose of which not less t h a n four teen days clear not ice shal l have been given [such rates to be publ ished in t h e Gazette a n d in one
| or more newspapers c i rcula t ing in t he | distr ict . ] |
| 8. I t shall be t h e du ty of every owner of l and to m a k e effective provision for a n d to ensure t h e des t ruc t ion of all noxious an imals a t la rge in a wild s ta te upon such l and A n d u p o n t h e fai lure of such owner to per form such du ty to t h e satisfaction of t h e Board of t h e distr ict where in t he land is s i tua ted such Board is he reby empowered to serve a not ice upon such owner in t h e fo rm of Schedule B here to r equ i r ing h i m to destroy such an imals A n d if after twen ty -e igh t days from t h e da te of t h e service of such not ice such owner shall fail to comply wi th t h e same i t shall be lawful for a n y person author ized in wr i t ing in t h a t behalf by t h e Board to enter upon the said l and to use al l such lawful means as he m a y deem necessary for t ak ing a n d des t roying such animals and removing t h e carcasses or any por t ion thereof A n d for t h a t purpose such person m a y stop u p any rabb i t bur rows or holes and wi th t he sanct ion of t he Board and after for ty-eight hour s not ice to t he owner and to adjoining owners (if any) he m a y b u r n or destroy a n y b rush wood or log fence on such l and which shall be found to ha rbour rabbi ts or u n d e r which such bur rows shall be found to r u n Provided always t h a t every person so author ized as aforesaid shall be l iable for any damage done by any dog engine ma te r i a l or process wha t soever used by h i m or by any person in his employment unless where such | damage is caused b y t h e lawful exercise of any power he reby conferred. 9. The costs and expenses incurred by the Board or by a n y person so authorized in ca r ry ing out t he des t ruc t ion of any such animals as aforesaid shal l be paid b y the owner of such l and to t h e Board and if t he same be not so paid wi th in fourteen days after demand in wr i t ing signed by t h e cha i rman or secretary of t h e Board m a y be |
| recovered in a s u m m a r y way as hereinafter | provided. | |
| 10. I f in a n y distr ict a n y Board shall neglect to carry out t h e provisions of th is Ac t and to t ake proper measures to ensure t h e dest ruct ion of noxious an imals w i th in such dis t r ic t i t shal l be lawful for t h e respective Boards of two or more adjoining distr icts to requi re such Defau l t ing Board to proceed wi th in t h i r t y days after t he publ ica |
| t ion of a not ice in t h e Gazette | addressed to such Board to t a k e | |
| t h e | proper | measures | u n d e r t h i s A c t to ensure t he des t ruc t ion of such | |
| animals wi th in i ts dis tr ict A n d if w i th in th ree m o n t h s after t h e publ ica t ion of such not ice such Defau l t ing Board shall n o t proceed to ca r ry out t h e r equ i r emen t s of such not ice t h e n i t shall be lawful for |
t h e
the Boards of such adjoining districts to present a pet i t ion to t h e Governor se t t ing ou t t h e facts and p ray ing t h e said Governor to a n n e x such defaul t ing distr ict to t he distr icts of t he pet i t ioners for t h e purposes of th i s A c t A n d upon receipt of such pet i t ion the Governor shall cause t h e subs tance and prayer thereof to be published in t h e Gazette A n d h e m a y u p o n t h e expiry of t h i r t y days after such
| publ ica t ion by proc lamat ion in t he | Gazette | delare t h a t such | defaul t ing |
| distr ict shal l be annexed to t h e districts of such Pe t i t ion ing | Boards |
a n d for t h e purposes of this A c t b u t no t otherwise shall form pa r t thereof whereupon t h e owners and lessees of l and wi th in such annexed distr ict shal l be l iable to assessment and to all o ther t h e provisions of th i s Ac t as if such lands were contained in t h e distr icts to which t h e said distr ict shal l be so declared to be annexed .
| 1 1 . I t shall be lawful for a n y person author ized in wr i t ing | in |
t h a t behalf by t he Board of a n y distr ict to enter any l and wi th in such distr ict w h e t h e r enclosed or n o t a t any reasonable hour in t h e day t ime for t he purpose of ascer ta ining if any noxious an imals are the reupon A n d no such person shall be deemed a trespasser by reason of such en t ry or be liable for any damage thereby occasioned unless t he same shall be occasioned by his wilful act or gross negl igence Provided t h a t every person so author ized upon being so requi red by t h e owner of such land shall exhibi t such au thor i ty or on default he shal l be liable to be dealt wi th as a trespasser.
12 . W h e n t h e scalps of any noxious animals killed wi th in a distr ict are delivered to t he secretary of t he Board thereof or to any person duly author ized by such Board to receive t he same a certificate in t he form of Schedule C hereto signed by such secretary or author ized person and also by some member of t he Board shall be g ran ted to t h e person del iver ing such scalps A n d al l such scalps shal l be fo r thwi th
| des t royed by fire in t he presence of t h e persons g ran t ing such | certifi |
| ca te who shall deliver to t he secretary a certificate in wr i t i ng to | t h a t |
| effect. |
| 13 . The a m o u n t specified in any certificate g ran ted in | con |
| formity wi th th i s A c t shall be payable on presen ta t ion to t h e | t reasurer |
| or o ther person author ized by t h e Board. |
14. For t h e purpose of rais ing a fund wi th in each distr ict for
| ca r ry ing | in to | effect t he provisions of th i s A c t to be called t h e | " N o x i o u s |
| An ima l s | Dest ruct ion | A c c o u n t " | t he Board shall w i th in t h i r t y | days | of | its |
| first | mee t ing and thereaf ter at some mee t ing to be he ld in t he | m o n t h |
| of J a n u a r y in each year of which n o t less t h a n | t en | clear | days | not ice |
| shal l be given m a k e and assess | an a n n u a l ra te no t exceeding five shi l l ings |
| for every hund red head of large stock or port ion of one h u n d r e d and |
one sh i l l ing for every hund red sheep or por t ion of one hundred b u t no ra te shall be levied upon any owner of less t h a n five h u n d r e d sheep or
| one h u n d r e d head of large | stock. |
| 15 . Not ice of | t he ra te so m a d e as aforesaid shal l be | for thwith |
| pub l i shed in t he Government | Gazette | a n d in one or more newspapers |
| c i rcu la t ing in t h e district | A n d | t h e | Board | shall | wi th in | one. m o n t h |
thereaf ter a t a mee t ing specially called in t he m a n n e r hereinbefore provided fix and de te rmine the a m o u n t of assessment payable by each owner a n d shall cause a ra te-book to be prepared shewing t h e assess m e n t s payable by every owner to which book ra tepayers shal l a t all reasonable t imes have access.
16. For the purposes of th is A c t t h e cha i rman or secretary of any Board shall be enti t led a t all reasonable t imes to inspect t h e r e tu rns of sheep m a d e by t h e owners in t he distr ict to t he Clerks of P e t t y Sessions and to Inspectors of Sheep under t h e Diseases in Sheep or any o ther A c t s and also to inspect t he r e tu rns of horses ca t t le and sheep collected by the police or others for s tat is t ical or o ther purposes.
17. U p o n t h e assessment be ing fixed and de termined as here in
before provided t h e same shall t he r eupon be payable by t h e owners so
assessed and t h e secretary shall for thwi th give t h e m notice of t h e
| a m o u n t s of thei r respective assessments a n d of | t h e t ime and | place | of |
| t h e | p a y m e n t | thereof. |
18. A n y owner who m a y consider himself aggr ieved b y reason of
| t he a m o u n t of his assessment or for any o ther reason in connect ion | w i t h |
such assessment m a y appeal agains t t h e same to a special s i t t ing of t h e Board du ly convened for t h e purpose of hear ing appeals from assessments w i th in t he distr ict wh ich s i t t ings shall be held wi th in s ixty days b u t not before four teen days after t h e m a k i n g of t h e assessment appealed from A n d such Board a t such special s i t t ing shall have power to hear and de te rmine t h e m a t t e r A n d the i r decision shall be final and conclusive
| in respect to t h e subject m a t t e r of such appeal | Provided a lways | t h a t |
t he person so appeal ing shal l have given wr i t t en not ice not la ter t h a n seven days after t he service of notice of such assessment soap pealed f rom of his in ten t ion to appeal and s ta t ing t h e grounds thereof to t he cha i rman of t he Board of such dis t r ic t A n d provided also t h a t such person shall before t he hea r ing of such appeal have paid in to t h e hands of such cha i rman t h e full a m o u n t of such assessment and shall also have entered into a bond wi th two sureties approved by such cha i rman condi t ioned to prosecute such appeal and to pay the full a m o u n t of all such costs as m a y on such appeal be awarded against h im.
| 19. I f no such not ice of appeal shal l have been given | w i th in |
t h e t i m e hereinbefore specified i t shall be lawful for t he Board to enforce p a y m e n t of such assessment in m a n n e r here inaf ter provided and if such appeal shall be dismissed t h e cha i rman shall pay over t h e a m o u n t lodged by the appel lan t as hereinbefore provided to t he Treasurer of t he Board to be by h im carried to t h e credit of t h e
| " | Noxious | Animals | Des t ruc t ion | A c c o u n t . " |
20. The Board of every district shall cause books to be provided and t rue and regula r accounts to be entered there in of moneys received a n d paid u n d e r t he au thor i ty of th i s Ac t a n d t h e ra tepayers in such distr ict shall have access a t all reasonable t imes to such books .
| 2 1 . | A | " N o x i o u s Animals Des t ruc t ion | A c c o u n t " | shall be | opened |
in t h e n a m e of the Board wi th some B a n k in each distr ict and if there be no B a n k in t h e distr ict t h e n wi th t h e nearest B a n k and al l moneys received unde r this A c t shal l be paid to t h e credi t of t he said account .
| 22. P r o m the funds s tand ing to the credi t of t he " Noxious An ima l s Des t ruc t ion Account " t h e t r easure r shall pay by cheques signed by himself and t h e cha i rman of the Board or some other m e m b e r specially author ized in t h a t behalf t he a m o u n t certified to be due by the certificates granted as hereinbefore provided a n d a n y other expenses | lawfully incur red by the Board in ca r ry ing out t h e provisions of th i s | Ac t . |
23 . The Board of each distr ict shall each year in the m o n t h of
| J a n u a r y cause a n account to be prepared | of t h e whole receipts | a n d |
| expend i tu re unde r this A c t for t he year preceding under | dis t inct |
heads w i t h a s t a t emen t of t he balance of such accoun t du ly aud i ted and certified and a copy of such account shall be publ ished in t h e
| Gazette | and in one or more newspapers c i rcula t ing in such distr ict . |
| 2 1 . | Al l offences aga in ts th i s A c t m a y be hea rd and | de te rmined |
a t all rates costs and expenses and all moneys due or payable he reunde r m a y be recovered in a s u m m a r y way on t h e compla in t of a m e m b e r or of t he secretary of the Board of any distr ict or of an inspector u n d e r th is Ac t before any two or more Jus t ices of t h e Peace in accordance wi th t he provisions of t he Acts in force for t h e t ime be ing r egu la t ing s u m m a r y procedure before Jus t ices and p a y m e n t of any such ra tes or other moneys and of any penal ly incurred he reunde r m a y be enforced by distress and sale of the offender's goods and cha t te l s A n d
all
all sums recovered unde r this A c t and all fines imposed for any b reach thereof shall be paid over to t h e compla inan t and be b y h i m carried
| to | t h e | credit | of | t h e | " N o x i o u s | Animals | Des t ruc t ion | A c c o u n t . " |
25. A n y person who shall p rocure or obtain a certificate for scalps knowing t h a t a certificate has been previously g ran ted for t he same or wilfully m a k i n g any false s t a tement wi th respect to such scalps or any false s t a t emen t in a n y r e tu rn called for b y th is A c t shall on convict ion be l iable to a penal ty not exceeding ten pounds or to be
| impr isoned for any t e r m no t exceeding two | m o n t h s . |
| 26. I f | any | person | shall | obs t ruct | h inder | or | i n t e r rup t | any |
In spec to r or any person appointed by the Board in t he exercise of any power or au thor i ty vested in any such person by th i s A c t or shall t h r ea t en or assaul t any such person whi ls t in t h e performance of his du ty unde r th is A c t every such person so offending shall for every such offence forfeit and pay a pena l ty not exceeding twen ty pounds Provided t h a t no proceeding for t h e recovery of a n y such pena l ty nor t h e p a y m e n t thereof shall be a bar to any action a t law for or in respect of any such assaul t b u t every such action may be commenced and proceeded wi th as if th i s Ac t had no t been passed.