Pastures and Stock Protection Act Amendment Act of 1881 No 35a (NSW)

132 No. 23. 45" VIC. 1881.

Pastures and Stock Idrotection Act Amendment.

No. XXIII.

Pastures AND ameiicl tlio Pasturos and stock

[ Stock P rotection A ct Amendment.

Protect! on Act.” [20tli December, 1881.]

Preamble.	■TTTHEREAS it is expedient to amend the “ Pastures and Stock
V V Protection Act” Be it therefore enacted by the Queen’s Most
Excellent Majesty hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and hy the authority of the same as follows :—
1. This Act may he cited as the “ Pastures and Stock Protection Act Amendment Act of 1881” and shall he read and construed with the “ Pastures and Stock Protection Act” hereinafter termed the Principal Act.

Ecpeal of certain

sections of Principal 2. The fifth seventh eighth fourteenth twenty-second and

Act.

twenty-eighth sections and Schedule A of the Principal Act are hereby

repealed.

Qualifications of 3. Any owner of not less than ten head of large stock or the duly

Directors and voters	authorized superintendent of any owner of not less than one thousand head thereof may he elected a Director and may vote at the election of Directors under the Principal Act And the number of votes to be given hy any such owner or superintendent shall he in accordance with the scale contained in the Schedule hereto AU questions as to the qualification of such owners or superintendents as candidates or electors shall he settled hy reference to the rate-hook If in any district no Directors or an insufficient number of Directors he elected the Minister charged with the administration of the Act may appoint a sufficient number of persons to he Directors whether possessed of the aforesaid qualification or not.
Powers of Board.	4. The Board three members of which shall form a quorum shall have power to take all proper and lawful ineasures to ensure the destruction within its district of all noxious animals within the opera­ tion of this Act and for that purpose may out of the money raised under this Act pay for that destruction such sums by way of bonus for the scalps of such animals at such rate as the said Board may from time -time to time determine at meetings specially called for that purpose of which not less than ten days elear notice shall have been given and the rates so determined hy the Board shall he published in the Gazette and in one or more newspapers circulating in the district Provided that where in any case the Principal Act requires a Director to sign a cer­ tificate of the delivery or destruction of scalps it shall he deemed to be sufficient if such certificate he signed hy any person duly authorized hy the Board in that behalf.
Noxious animals to bo
destroyed by owner	5. I t shall he the duty of every oumer of land to make effective large in a wild state upon such land And upon the failure of such owner to perform such duty such Board is hereby empowered to serve a notice upon such owner in the form of Schedule B to the Principal Act requiring him to destroy such animals And if after twcnty-eiglit days from the date of the service of such notice such owner shall fail to take steps to the satisfaction of the Justices before whom any prosecution shall he instituted to comply Avith the same he shall on conviction for every such offence he liable to a penalty not exceeding fifty poimds And the Board Avhether it direct proceedings to he taken against such OAvner for the recovery of the said penalty or not may
or lessee or on	provision for and to ensure the destruction of all noxious animals at
default by Board.

authorize

1881. 45° VIC. No. 23. 133

JPastures and iSiock protection Act Amendment.

authorize any jicrson in Avriting to enter hy any gate or ordinary ojiening upon the said land and to use all such laAÂ ful means as he may deem necessary for taking and destroying such animals and remoAung the carcases or any portion thereof And for that purpose such person may stop up any rahhit burroAA's or holes and Avith tlic sanction of the Board and after forty-eight hours notice to the oaaoaci- and to adjoining OAvners (if any) AAutliin a distance of tAA'o miles he may burn or destroy any brushwood or log fence on such land Avhich shall he found to liarhour rabbits or under AAdiich such hurroAA’S shall he found to run ProAuded alAA'ays that CA’cry person so authorized as aforesaid shall he liable for any damage done hy any dog engine material or process Avhatsoevcr used hy him or hy any person in his employment unless Avhere such damage is caused hy tluA laAvful exercise of any poAÂ er hereby conferred Provided also that the said Board shall l)c liable from and out of the moneys at its disposal to make good any claim or part of any claim for damage not rccoA ĉred from such person aforesaid.

6. Por the purpose of raising a fund AA'ithin each district for Rato to be levied on

carrying into efPect the proAusions of this Act to he called the “ Noxious Animals Destruction Account” tlic Board shall Avithin thirty days of its first meeting and thereafter at some meeting to ho held in the month of May in each year and at such other times during the year as lAiay he necessary of Avhich not less than ten clear days notice shall he given make assessments on stock not exceeding in the annual aggregate three-pence per head of large stock and one half-penny per sheep on sheep hut no rate shall he levied upon any OAvner of less than one hundred sheep or ten head of large stock and shall make assess­ ments on unstocked runs Avithin its district not exceeding in the annual aggregate tAvice the amount of rent payable for such runs to the CroAvn.

7. Prom the funds standing to the credit of the “ Noxious BoanUo pay bonus3»

Animals Destruction Account” the treasurer shall pay by cheques

signed hy himself and the chairman of the Board or some other member specially authorized in that behalf the amounts certified to ho duo for the destruction of noxious animals hy bonus or otherAvisc as hereinbefore provided and any other ex])enses laAA'fully incurred hy the Board in carrying out the provisions of this Act.

8. Any person AAdio shall introdrice or attempt to introduce Penalty on retention

or assist or he concerned in introducing any live Avild rabbits into

this Colony or Avho shall have any live Avild rabbits in his possession or charge or shall liberate any rabbits in any part of the Colony shall on conviction for every such offence bo imprisoned for any term not exceeding six months or shall in the discretion of the Bench forfeit and pay any sum not less than ten pounds and not more than one hundred pounds And every person Avho shall have in his possession or charge any tame rabbits shall keep the same so as to effectually prevent their escape under a penalty not exceeding ten pounds for every failure or neglect.

9. NotAvithstanding anything hereinbefore contained the Minister Provision m case of aforesaid upon a representation being made to him in Avriting hy five noxioiiVLfnmU by or more OAvners liable to he assessed under this Act to the effect that owner of laud or

a certain OAvner therein named is neglecting to destroy the noxious District, date of the service of such notice the said OAvner sliall fail or neglect to comply Avith the same he shall be liable to a penalty not exceeding fifty pounds and for any subsequent neglect as aforesaid he sliall he

animals on his land and that the Board for the District in Avhich such

land is situated has failed to take any stops to promote the destruction

of such animals may direct the Inspector for the District to seiwc the

defaulting oAvner Avith a notice in the form of Scliedule B to the

liable

134 No. 23. 45“ VIC. 1881.

Pastures and Stock Protection A ct Amendment.

liable to a like penalty Provided that no two convictions shall take place within a period of two months and provided also that it shall ho held that an owner is not neglecting to destroy the noxious animals aforesaid on proof being adduced that he has expended in the destruc­ tion of such animals during the then preceding twelve months a sum of money equal to twice the amount at Avhich he has been rated or might have been rated under this Act during the current year or on proof that being the OAvner of any unstocked country he has expended in like manner during the preceding tAvelv'e months a sum equal to twice the amount of rent payable annually to the Crown for such country.

Penalty for attempt­

ing to obtain 10. Any person destroying noxious animals in any adjoining

payment for scalps	Colony and obtaining or attempting to obtain payment for scalps or as
from adjoining	bonuses for the same under this Act shall on conviction for any such
Colonies.	ofPence he deemed to be guilty of a misdemeanor or in the discretion of the Bench be liable to a penalty not exceeding one hundred pounds Avith or Avithout imprisonment not exceeding six months.
owners of the stock

Trustees of commons 11. Trustees of all commons and of public reserves shall for the

land &c.	purposes of the Principal Act and of this Act be considered to be the owners of the stock grazing by the authority of such Trustees upon such commons and reserves and to be the OAvners of the land comprised AAuthin such commons and reseiwes.
Exemption of animals
kept on enclosed	12. Any person desirous of keeping in his possession hares or animals other than rabbits which by reason of their excessive increase may inflict serious loss and damage upon owners or the occupiers of gardens orchards cropped or any cultivated lands and to Avhich the provisions of this and the principal Act shall hy reason of such damage and loss be hereafter applied shall make application to the Govei’nor for permission to do so And the Governor may grant such permission and make such regulations in terms of the thirtieth clause of the principal Act as may he necessary for limiting and enclosing the land on which such person shall desire to keep such hares or other animals and for the means by Avhich such hares and other animals shall be prevented from escaping from their enclosures And all hares and such other animals so securely enclosed shall be exempt from this Act.
land in certain cases.

SCHEDULE.

Seale of votes at Elections o f Directors.

Owners of not less than 10 and not exceeding 500 head of large stock or

superintendents of not less than 1,000 but not exceeding 2,000 head

of large stock ... ... ... ... ... ... ... ... 1 vote

Owners of more than 500 and not exceeding 2,000 head of large stock or

the superintendents of more than 2,000 and not exceeding 3,000 head

of large stock ... ... ... ... ... ... ... ... 2 votes

Owners of more than 2,000 and not exceeding 5,000 head of large stock

or the superintendents of more than 3,000 and not exceeding 5,000

head of large stock ... ... ... ... ... ... ... 3

Owners or superintendents of more than 5,000 ... ... ... ... 4

No. XXIV.