Pastures Protection Act 1902 (NSW)

r

718 Act No. I l l , 1902.

Pastures Protection.

Act No. I l l , 1902.

PiSTPftp An Act to consolidate and amend tlie Acts relating to the Rabbit Pest and to the pro­ tection of pastures and live stock from the depredations of noxious animals and to

P rotection.

.	diseases in cattle and sheep, and for other
purposes incidental thereto. \24:th December,

1902.]

T ) E it enacted by the King’s Most Excellent Majesty, by and with r > the advice and consent of the Legislative Council and Legislative

Assembly of New South M^ales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

P keliminary.

Short title. 1. This Act may be cited as the “ Pastures Protection Act, 1902,” and is divided into Parts, as follows :—

PART I.—P reliminary—ss. 1-4.

PART I I .—Pastures Protection Boards, Districts, and

Rates—ss. 5-26.

PART I I I .—Destruction op Rabbits and Noxious Animals—

ss. 27-71. '

PART IV.—Diseases in Sheep—ss. 72-158.

RART V.—General P rovisions—ss. 159-169.

Repeal.	2. (1) The Acts mentioned in the Pirst Schedule are, to the extent therein expressed, hereby repealed.
Saving.	(2) Notwithstanding such repeal the said Acts shall continue in force to all intents and purposes until the date of the first election of Pastures Protection Boards under the provisions of this Act.
Proclamations,

notifications, and (3) All proclamations and notifications made, and all sanc­

sanctions.	tions and notices given, under any Act hereby repealed, the operation of which is not exhausted at the passing of this Act, shall be deemed to have been made and given under the cori’esponding provisions of this Act, and shall have and take effect accordingly.
Quarantine grounds.	(4) Evcry piece of gi’ound Set apart under any enactment hereby repealed as a quarantine ground or station or for purposes of quarantine, and which, at the passing of this Act, remains so set apart shall be deemed to have been so set apart under this Act.

(5)

Act No. I l l , 1902. 719

pastures Protection.

(5) AVlioro l)y any proclamation made under any of the Acts Suspension of

hereby repealed any of the provisions of any of the said Acts lifivc been suspended, the corresponding provisions of this Act sliall he suspended for the period of suspension nliich at tin; time of the passing of this Act remains unexpired.

(0) All electoral rolls prepared under the provisions of the Electoral Rolls.

Act No. 6, 1902, shall he deeme xve been prepared hereunder.

3. Nothing in this Act shall he taken to repeal any of the Saving of the Acts.

provisions of the Stock Diseases (Tick) Act, 1901, No. 11, 1902, or of	ii and lo, ii)02.
the Act No. 19, 1902.

4. In this Act, unless the context or subject-matter otherwise interpretation.

. inOicates or requires,—

“ Board ” means the Pastures Protection Board for any district as constituted by this Act.

.

“ Brand” means a firebrand on the nose or face in letters, figures, or characters not less than one inch in length, or a brand made with pitch, tar, paint, or pigment in letters, figures, or characters not less than three inches in length, on the ribs, back, shoulder, or rump of any sheep.

“ Cattle” means any bull, cow, ox, heifer, steer, or calf.

“ Chief inspector” means the chief inspector of sheep appointed

or continued under the Act No. 27,1901, or appointed under

this Act.

“ Clean sheep” moans sheep which have never been infected sheep, or sheep which have been infected sheep, and for which their ’

■	owner has received from an inspector a clean certificate in the
prescribed form.

“ Coast district sliecp ” means any sheep kept or depastured in the coast scab district, or w liich have been removed inland there­ from within six months.

“ Crown Lands Acts ” means the Crown Lands Act of 1881 and all amending Acts.

“ Destroy” when used in Part IV means to entirely consume by fire, or to bury at a depth of not less than three feet under ground, or having previously consumed by fire tlie wool and skin, to boil down the.remainder of the carcass.

“ Disease” means the diseases in sliecp known as the scab, influenza, or catarrh. '

“ District” means any pastures protection district constituted under this Act.

“ Dressing ” means any dipping, dressing, spotting, rubbing, or applying of a medicament used as a cure for scab,

“ Drover” means any person in charge of any travelling stock.

“ Flock ” means any number of sheep in one lot or in the charge

of one person. “ Jlolding ”

720 Act No. I l l , 1902.

Pastures Protection.

Holding ” means any land or collection of lands constituting and ■worked as one property, ■whether held under the same title or different titles or under titles of different kinds.

Horse ’’ means any horse,mare, gelding, colt, filly, foal, ass, or mule. Imported sheep” means any sheep brought into any town, port,

or place in New South Wales by any sea-going or coasting vessel from any other State or country, or by any’lighter or boat from such vessel, and all such sheep for six months after they are so imported.

Infected sheep ” means any sheep suffering from or affected with scab, influenza, or catarrh—or any sheep which have formed part of a flock containing any sheep so suffering from or affected with scab, influenza, or catarrh—or any sheep which- have been in direct or indirect contact with, or have been on or carried over the same ground, or have been kept in the same yard as such infected sheep within the next preceding- six months, or which have been dressed or dipped within the same period with medicaments commonly used for the cure of scab—and all infected sheep within any of such definitions until declared clean.

Infected run” means any run on which any infected sheep have been within the next preceding six months, and such run until declared clean by tbe certificate of an inspector.

Inspector ” means the chief inspector as herein defined or any inspector appointed under this Act.

Introduced sheep” means any sheep introduced into New South

Wales from any adjoining State in any other way than by sea,

and all sucb sbeep for six months after they are so introduced.

Justice ” means justice of the peace.

Large stock ” includes bulls, cows, oxen, steers, heifers, calves,

horses, mares, geldings, fillies, foals, asses, mules, and camels.

Local land board ” means local land board as constituted and

defined under the Crown Lands Acts.

Market value of sheep ” means the value of sheep calculated as upon a sale witli delivery on the run where such sheep are when ordered to be destroyed.

Marsupial ” includes any kangaroo, wallaroo, wallaby, or paddy-

melon.

Minister ” means the Secretary for Lands.

Native dog” includes any dingo or native dog, or any dog

whatever udiicli has become wild.

Notification ” means notification published in the Gazette,

Noxious animals ” includes marsupials and native dogs as

hereinbefore defined, and any animal to which the provisions of this Act are extended in pursuance of section fifty-eigh

hereof. Occupier ” t ̂ ■

. I .. .

Act No. I l l , 1902. 721

Pastures Protection.

Occupier” moans tlie person for the time being entitled to possession of a liolcling or land, and includes the resident manager of the occupier where tlie occupier does not reside on the holding or land in relation to which the word is used.

Owner ” means—

(a)	the person registered as the holder of any lease or license, or promise of any lease or license from the Crown ; or
(b)	the pi'i’son registered as the holder of any purchase, whether conditional or otherwise, from the Crown; or
(c)	the applicant for a homestead selection whose application has been contirmed ; or
(d)	the person entitled at law to an estate of freehold in possession in any land granted by the Crown for other than public purposes;
(e)	the person in whom is vc'stcd any land taken or appro­ priated under authority of any statute authorising land to be taken or appropriated for the purposes of any private undertaking;
( f )	the trustees of commons and jmhlic reserves; and includes
(g )	the person for the time being in the authorised possession or charge of land or large stock or sheep.

Prescribed ” means prescribed by this Act or any regulation made thereunder.

Private holding” and “ private land” mean respectively a holding and land not including or being public land.

Proprietor” includes any lessee, licensee, occupant, overseer,

superintendent, or person in possession or charge of any land.

Public land ” means and includes land which is not the subject

of any lease or license, or promise of, or agreement for, any

lease or license under the Crown Lands Acts or under any

other Act authorising the occupation or use of land vested

in the Crown ; but which— ■

(a)	is vested in the Crown, and is not the subject of any contract for the sale or grant thereof ; or
(b)	is the snbjcct of any dedication or permanent reservation for public uses or purposes, not being for a road (whether the land has or has not been granted or contracted to bo granted for the said uses or purj)oses).

Public road ” or “ road” means any proclaimed road or any road or way dedicated to the public, or which has been ordinarily used for three years at least by the public.

llu n ” includes any land, road, place, or premises.

Scalp ” means a ])ortion of the skin of the head to which both

ears are attached.

2 z “ Sheep ”

722 Aot No. I l l , 1902.

Tastures Frotection.

Sheep ” includes rams, ewes, wethers, and lambs, and in Part IV also includes any carcass, skin, wool, horn, hoof, or other portion of a sheep.

Stock” means any horses, cattle, sheep, or camels.

This A ct” and “ this P a r t” respectively include, in addition to

the enactments of such Act or Part, any regulations or

proclamations made or issued under any such enactment.

Travelling sheep” means any sheep whilst being driven or carried by land or water, or which have within one month next preceding been so driven or carried, along or over any place whatsoever other than the run on which they are ordinarily depastured.

Travelling stock” means any stock travelling to any place

upwards of forty miles distant from that on which they were

when their permit to travel or travelling statement was

granted. .

PART II.

Pastures Pr,otection Boards, Districts, and Rates.

Districts and Boards.

Constitution of	6. The Governor may, by notification, constitute pastures
pastures protection

districts.	protection districts, and by like notice amend or revoke such
No. 6, 1B02, 8, 7.	notification.
Board.	6. There shall be a pastures protection hoard for each district. Such hoard shall consist of seven directors, who shall, ex-officio, be inspectors, six to be elected or established in office under this Act, and one, who shall be chairman, appointed by the Governor from among the persons liable to he rated in the district who shall hold office for four years and who shall he eligible for reappointment. Pour shall form a quorum.
cf. Ibid. 8. 8.
Terms of oQicc*	7. (1) In every pastures protection district which contains a rabbit board, the four directors elected under the Rabbit Act, 1901, shall be directors of the pastures protection board, and two other directors shall be elected at the first election held under this Act. Three of the rabbit board directors, to be determined by lot, shall retire at the end of one year, and the fourth and the two directors elected under this Act shall continue in office for two years. At every election after the first three directors shall be elected to hold office for two years.

(2) In every pastures protection district which does not

contain a rabbit board, six directors shall be elected at the first election under this Act, of whom three, to be determined by lot, shall

retire

L„. . --A .. iIl ,.

Act No. I l l , 1902. 723

Tastures Trotection.

retire at the end of one year, and the remaining three shall retire at -

tlie end of two years. At every election after the flrst tliree directors

shall be elected, and sliall hold olhcc for a term of two years.

(3) The first election sliall ho held at such time as the

Minister may direct.

8. The Governor may for siifiicient cause remove any director, Vacancy in omen,

and on the deatli, removal, or resignation of an elected director, a new	s. s (2).
director shall be elected in his place. In the event of no proper election taking place, the Governor may appoint the necessary number to constitute the lioard.

9. The board may allow travelling expenses to any director, but travelling expenses,

no other fees or payment shall be allowed or made to any director	G)-
other than the chairman.
10. On the notification of a district, the Minister, subject to the provisions of section two subsection six, shall, as soon as possible
and as far as practicable, ]n’eparc a roll showing the names of all

persons entitled to vote at the election for directors, and thereafter '

such roll, and any roll under the said subsection, shall he kept and	'	^
revised as occasion may require by the board.

11. The Minister may divide any district into three divisions, î i'ision of distmts.

and a separate roll shall he prepared, and one director shall annually

thereafter be returned for each division. >

12. The election of directors of the hoard shall take place in the Election of directors,

prescribed manner, and provision shall be made for voting by post.	lO-
The cost of the election shall be paid out of the pastures protection
fund. Every person whose name is on the roll hereinbefore referred to

sh.all be entitled to a vote at such election, and he eligible for election	....... . i
as a director, and the necessary qualification to entitle a person to have
his name on the roll shall be that such ^lerson has been assessed, or is
liable to bo assessed, for payment of rates under section eighteen hereof:
Provided that any person who is assessed in respect of not less than	.
two thousand nor more than five thousand sheep, or not less than two hundred nor more than five hundred head of large stock, shall be entitled to two votes, and any person who is assessed in respect of more than five thousand sheep or more than five hundred head of large stock shall be entitled to three votes.

13. The directors of a board shall be a corporate body under the incorporation,

style or title of the notified name of the board, and under such style or title shall have perpetual succession and a common seal, and be capable in law of suing and being sued.

The validity of any acts of a board shall not be affected by any

informality or irregularity in its constitution ; and the fact that all or

any of the scats on the board are vacant shall not of itself operate to

dissolve the corporation. 14.

724 Act No. I l l , 1902.

Pastures Protection.

Inspector.	14. The Governor may appoint a chief inspector for New Soutli Wales, and inspectors for any one or more districts. Such inspectors shall he under the control of the Minister, and shall he paid such salaries as he may from time to time determine. When an inspector is appointed for one district only, the hoard shall pay his salary out of the pastures protection fund, and where an inspector is appointed for two or more districts, the boards of such districts shall pay his salary out of their said funds in such proportions as the Minister directs. The chief inspector and inspectors so appointed shall he inspectors under and within the moanin" of the unrepealed provisions of the Stock Act, 1901.
No. 6, 1902, 8.12.
Other officers.	15. The hoard may appoint a secretary and any other necessary officers, and pay them out of the pastures protection fund; hut every such appointment by the board, and the salaries to be paid in every case, shall be subject to the approval of the Minister. Such secretary and other necessary officers shall be under the exclusive control of the hoard, and subject to dismissal at any time.
Ihid.

16. Every board—

Duties of boards. (a) shall cause proper minute hooks to he kept of all its

Ibid. 8. 13. proceedings;

(b) shall cause true and regular accounts to be kept of all moneys received or paid by it under this Act, and shall give the owner of any land or the occupier of any private holding within the

, district access to such accounts at all reasonable hours ;

(c) shall produce for inspection to any person duly authorised in writing by the Minister or the Colonial Treasurer all its books, accounts, agreements, vouchers, letters, or other documents which may relate to any matter under this Act.

Yearly accounts to be 17. Every board shall, in January in each year, cause an account

published. to be prepared of its receipts and expenditure for the year preceding, under distinct heads, with a statement of the balance of such account duly audited and certified, and a copy of such account shall be published in the Gazette and in one or more newspapers circulating in each district.

Pates.

Kate. 18. (1) Every board shall in each year make or cause to be made

Ibid. 8. 14.	an estimate of the probable sum which w'ill be required (in addition to fines, penalties, and other revenues) for the effective administration of this Act in its district; and the said sum shall be raised by a rate upon sheep and large stock within the district.
Subject to the provisions hereinafter contained, the amounts levied under the rate shall be determined by the board in respect of the holdings within its district, and the board shall assess and rate every owner or occupier who has ton head or more of lai’ge stock or one hundred sheep or more. Such assessment shall not exceed in the annual aggregate fourpence per head of large stock and two-thirds of
a penny per head of sheep : * Provided

L.,..

Act No. I l l , 1902. 725

’Pastures Protection.

Provided that in the case of unstocked or partly stocked land, tlie hoard shall assess it according to its carrying capacity, to he determined hy the hoard after taking evidence on oath in open court: Provided also that in the case of agricultural land, it shall he assessed at one sheep to three acres :

Provided also that only half rates shall he levied in respect of any holding or portion of a holding enclosed hy a fence, erected heforc or after the commencement of this Act, ivhich, in the opinion of the hoard, is ralihit-proof.

(2) The hoard shall liave access as prescrihed to— inspection of returns,

(a)	returns of sheep or large stock made under this or any other A c t; and
(h)	returns collected hy the police or other authorised persons for statistical or other purposes.

19. (1) Every owner liable to he rated under this Act shall, on Returns to be made

or before the tenth day of January in each year, deliver personally, or send hy registered letter to the hoard of the district in which his run is situate, a return of his land and stock in such district, and of any of his stock travelling in any other district, in the prescrihed form.

(2) Any owner failing to make any such return shall he

liable to a penalty not exceeding tw('iity pounds.

20. Wlum the amount ])ayahle under the rate in respect of any Notice of amount due

holding has been determined hy the hoard, the prescribed notice of “{"g"

such amount shall he given to the person liable to pay the same.	no. g, 1902, 9. 15.
The amount so determined shall, on such notice being given, he paid to such person or hank, and on or before such date as may he specified in the notiee, or, in case of an appeal, Avithin seven days after the determination of the appt'al; Provided that the amount may he payable hy instalments if the hoard so directs.

The person liable to pay such amount shall he the occupier of

such holding.

21. (1) Every rate and every determination hy a hoard of t h e Rato-book,

amount payable in respect of any holding under such rate shall he	s- le.
(mtered in a hook (to he called the 2)asturcs protection rate-hook), Avhich shall he kept in the prescrihed form and manner, and all persons shall have access thereto at all reasonable times. The said hook shall, on the production thereof, he prima facie evidence of the rate and of the amount determined as payable under the rate in respect of the holding.

(2) The hoard may make such amendments and supply

such omissions in the entries in such hook as may he necessary.

(3) Except in the case of an amendment rendered necessary hy an ajipeal, and except in the case /)f formal amendments, an amendment of the rate-hook in res])cct of any holding shall be deemed to be a determination hy the hoard of the amount so payable under a

rate in respect of the holding. 22.

m Act No. I l l , 1902.

'Pastures Protection.

Appeal from rate

to petty sessions.

22. If any person is aggrieved by the amount determined by the board as payable by him under tbe rate, he may, within twenty- one days after the aforesaid notice has been given, appeal to a court of petty sessions having jurisdiction within the district in which his holding is situated, by a notice in the prescrihed form, accompanied hy the prescribed deposit; and the said court shall determine the amount payable under the rate, and may order interest to be paid tliereon at the rate of five pounds per centum per annum, calculated from the date for payment specified in the notice.

No. G, 1902. 8. 17.

I'ates, &c.

:pecovery of unpaid

23. Any sum due as a rate in respect of any holding shall bo,

and until the payment thereof shall remain, a charge upon the lands

constituting the holding.

Pastures protection

fund.

24. (1) All subsidies, fines, penalties, rates, and other moneys (2) Moneys forming part of such fund may be applied by the board of the district to the payment of any expenses of, or incidental to, the administration of this Act by the board, or of any costs or expenses incurred in accordance with the provisions of this Act, and not otherwise.

Ibid. a. 0.

received by a board under this Act shall form part of a fund to he

called the pastures protection fund of the district.

(3) The Governor may cause the aecounts in connection with the pastures protection fund of any district to be audited, and the expenses of the audit shall, if the Governor so requires, be paid out of such fund.

(4) Immediately upon the constitution of any board for any district under this Act, all moneys standing to the credit of any account established or kept under the Pastures and Stock Protection Act, 1898, or by any board in such district, or the Pahhit Act, 1901, shall vest in such board and be transferred to the pastures protection fund, and all moneys thereafter received or paid as and for any

s ‘ , payment under the said Acts shall be paid to the credit of such fund.

Proportion of rafea

to be paid to credit 25. Every board shall, so long as any balance remains at debit

of sheep account,	of the sheep account at the treasury, pay over to the said account
Treasury.	twenty per centum of ail moneys received for rates under this Act.
Board to contribute
part of cost.	26. The Governor may in any year call upon and require the boards in every district to pay to the Treasmy a proportion of their revenue not exceeding three per centum thereof to cover the cost of administering this Act, and all money so paid shall be carried to a special account and applied in payment of such cost.

PART

.. .. h f Irif .fl. Jr- ■ 1 I

Act No. l l j , 1902. 727

Pastures Protection.

PAET III .

D estruction oe R arbits and N oxious A nimals.

D ivision 1.— Application and interpretation.

27. (1) The Governor, hy proclamation in the Gazette, may RabbiUnUst«tiareas,

declare any pastures protection district to he rabbit infested, and may No. c, 1902, s. 6.

revoke or vary any such proclamation.

Except where otherwise in this Part expressly provided, and

except so far as it relates to the destruction of noxious animals, this

Part shall apply only to the districts so declared to he rabbit infested.

(2) In applying Divisions four, five, and six of this Part to Application to

any municipality, tlie council of the municipality shall be deemed to

be the occupier of all land vested in or held by such municipality, *

’

and, in respect of commons, the trustees thereof shall be deemed to be

the occupiers.

The provisions of this Part, except so far as the same relate to the destruction of noxious animals, shall not apply to any lands held under any form of lease from the Crown in the Western Division, as defined by tbe Crown Lands Acts.

28. Eor the purposes of this Part— Definition of

(a) a fence shall be taken to be on the boundary of any district, “ adjoining.”

holding, or land, or on the common boundary of any districts,

holdings, or lands, if it follows the line which is such actual, •

reputed, or accepted boundary, or where the boundary is inaccessible or incapable of being fenced, if tbe fence follows such boundary as neaidy as possible, baying regard to tbe physical features of the country, or if in any case such fence follows any line which, in the opinion of the person, board, or court by whom or which any matter or proceeding under this Part may be determined, is sufficiently approximate to such boundary; and

(b) tlie intervention of a road or watercourse (not being a permanent river) shall not prevent holdings or lands being taken to be adjoining, or prevent a fence along eitber side of any such road or watercourse being taken to be on the common boundary of the holdings or lands on either side of such road or watercourse.

D ivision 2.— Payments to hoards hy Government.

29.                The Governor may cause to be paid out of the Consolidated Contribxition by

Revenue Eund to the fund of every district a subsidy in respect of	to fund,
public land in the district.

728 Act N q. I l l , 1902.

Pastures Protection.

Supplying netting	30.	(1) Where money is voted by Parliament for the purchase of
and materials.

No. 6, 1902, a. 23. Avire-netting or other materials used in the construction of rabbit-proof fences, or any machinery, plant, or substances for the destruction of rabbits, the Minister may—

(a)	apply the same to such purposes, and distribute the netting, material, machinery, plant, and substances or any of them among the boards ; or
(b)	lend the money so voted or any part thereof to the hoards for the purchase hy such boards of such netting, material, machinery, plant, or substances for use within the respective districts of such boards.

(2) The said boards shall pay to the Colonial Treasurer the cost of such netting, material, machinery, plant, and substances, and any money so lent by instalments spread over not more than twenty years, with interest on the amount due at the rate of five per centum per annum.

(3) If at any time the payment by any such board of any such instalment or interest is in arrear, the Colonial Treasurer may forthwith take possession of any moneys or other property vested in the board, and may make assessments and levy rates under this Act, and for that purpose shall have, and may exercise, the powers of the board.

(4) The board may, with the money so lent, purchase any such netting, material, machinery, plant, and substances as aforesaid, and may sell or let the same, and any netting, material, machinery, plant or substances distributed to them under this section to occupiers or owners of private land within their district on such terms as may be agreed upon:

Provided that the cost of any such netting, machinery, materials, plant, and substances so sold, and all expenses in connection with the same shall be repaid by such occupiers and owners to the board in instalments spread over not more than twenty years with interest on the amount due at the rate of five per centum per annum :

Provided also that—^

(a)	such purchase money and interest shall be a charge on the holding of the owner or occupier within the district;
(b)	any such netting shall be erected within twelve months after delivery thereof;
(c)	the letting of machinery or other appliances for the destruction of rabbits shall be subject to such terms and conditions as may be agreed upon between the Minister and the boards.

Division 3.—Barrier fences.

Board may erect and

maintain barrier 31. (1) A board shall have poAÂer to—

fences. (a) erect a barrier fence on any land, whether public or private

Ihid, 8. 22. Avithin or without the district; and

(b)

L

Act No. I l l , 1902. 729

'Pastures Protection.

(b)	convert into a barrier fence any fence, wbether rabbit-proof or not, on any land Avitliin or without the district; and
(<•)	erect a barrier fence across any road or travelling stock route, makin" gates in such fence for tbe passage of members of the public and their stock ; and

(d) place a rabbit-proof gate in any barrier fence ; and

(e) co-operate with tbe board of any neighbouring district in any such work.

Definition of barrier

(2) A barrier fence shall be taken to mean a rabbit-proof fence.

fence which protects, or will protect, from the incursions of rabbits the district, or any part thereof, Avhcther such fence is erected without or Avithin the district.

32. A board shall not be liable to pay or make compensation Case where com-

for anything laAvfully done in exercise of the powers conferred by the

next preceding section except damage by severance caused by the " ' ’	’ ■	■
erection upon private land of a barrier fence.
The amount of compensation so payable to any person shall, upon application by him as prescribed, be determined by a court of petty sessions; and in determining such compensation the court shall take into consideration and set off any benefit accruing to such person’s property by the construction of such fence, and may award costs to or against any party appearing before it.

33. Where a board erects a barrier fence or eonverts any fence Contribution for

into a barrier fence on the common boundary of its district and any fencê ̂Earner

adjoining district, the board of such adjoining district shall be liable md. g. 24.

to pay such first-mentioned board half tbe cost of erection, maintenance,

and repair of the fence.

34. (1) It shall bo tlie duty of a board or boards erecting a noardg to repair

barrier fence, or converting a fence into a barrier fence, to maintain bimer

it in an effective manner and keep it in good repair.	3 . 2,-..
(2) Where, except as provided in the next section, before or after the commencement of this Act, and at the expense or prinei- pally at the expense of the CroAvn, a barrier fence has been erected, or a fence has been converted into a barrier fence, which is wholly or in part Avithin or on the boundaries of a district, the board of such district shall maintain in an effectiA’e manner so much of the fence as is within or on the said boundaries and keep it in good repair :
Provided that with reference to so much of the fence as is on the common boundary of tAvo districts, the boards of .such districts may agree which board shall maintain and rejiair the fence, and, failing such agreement, the board named by the Minister shall maintain and repair the fence and may recover from the other board half the expense so incurred.

36. Where before or after the commencement of this Act, and Railway commissioners

at the expense of the Crown, a barrier fence has been erected, or a t> ‘̂rrier fences.

• fence

730   Act No. m , 1902.

Pastures Protection.

fence has been converted into a barrier fence, which is wholly or in part on the boundary of any lands vested in the Eailway Commis­ sioners, the Commissioners shall maintain in an effective manner so much of tlie fence as is on such boundary and keep it in good repair, but the costs of such maintenance and repair shall be paid out of the Consolidated llevenue Eund, and the said Commissioners shall permit any person authorised by the Minister or a board to enter upon any land vested in the Commissioners for the purpose of rabbit destruction.

Arbitratidn in case	86.	In the case of any dispute between boards as to the
of dispute between

boards.

payment of any money or the doing of any act required to be paid or

No. 0, 1902, 8. 27.

done under the provisions of this Part, or as to the carrying out of any agreement between them made under this Part, the matter of the dispute shall be referred to and shall be determined by the M inister: Provided that the Minister before making his award may refer the matter in dispute to the local land board of any land district for investigation and report; and may thereupon either make such award himself or refer the whole matter, together with such report (if any), to the land appeal court to make an award. Every sucb award shall be final and conclusive for all purposes.

Division 4.— Private fences.

Description of a	87.	Eor the purposes of this division, a rabbit-proof fence shall
rabbit-proof fence.

Ihul. s. 28.

be some one of the three kinds of fence herein described, namely,

either—

(a)	a substantial fence hung with galvanised wire-netting, at least forty-two inches in width, of a mesh and gauge to be approved of by the board, such fence being furnished with suitable rabbit-proof gates or other appliances at every necessary break in the fence : Provided that all other dimensions of such fence, including the height above ground, the depth below ground of the posts thereof, and of the wire-netting thereon, and all other details in connection therewith shall be in accordance with specifications to be published in the Gazette by the board; or
(b)	a fence erected in accordance with the requirements of the Eabbit Act of 1890 or the Eabbit Act, 1901, while such Acts were in force, and being in a proper state of repair; or
(c)	a fence reasonably sufficient in the opinion of the board for the purpose of excluding rabbits.

Certificate b j

board that fence	38. (1) The board of the district within which any fence by the owner of the fence, cause the said fence to be inspected; and when such board is satisfied that the fence is I’abbit-proof, it shall grant a certificate to that effect.
is rabbit-proof.	alleged to be rabbit-proof is situated shall, if so required in writing
Ihid. s. 29.

• (2)

Act No. I l l , 1902. 731

Pastures Protection.

(2) In any proceeding before a local land board in respect Certificate prima

of a rabbit-proof fence, or in a court to recover money by way of contribution in respect of any such fence, sucb certificate shall be prima facie evidence of the fac t; and evidence in contradiction shall not be adduced, unless the prescribed notice has been given.

39. Where any lands arc divided or bounded by a road or itabifit-proof fence

travelling stock reserve or route or public lands, tbe local land board may grant to the occupiers or owners ot such lands, or any or such owners or occupiers, permission to carry a rabbit-proof fence across such road, reserve, route, or public lands : Provided that rabbit-proof gates shall be erected at places where the fence crosses such iviad or route,unless the local land board dispenses witli the erection of the same.

Any dispensation granted under this section may be granted for a limited time and subject to conditions, and may be revoked by the board upon reference by the Minister or application by any person interested.

40. Where a rabbit-proof fence on Crown lands, erected or Eabbit-proof fence

made rabbit-proof before or after the commencement of this Act (^ot

being a barrier fence erected or made rabbit-proof by or principally by

̂ 31

tbe Crown or a board or rabbit board under this Act or the Eabbit Act 1901) in the opinion of the Minister makes rabbit-proof certain Crown lands, such fence shall, for the purposes of this section, be deemed to bo an improvement distributed equally over all such lands, and the value thereof shall be the value of the improvement to an incoming tenant of such lands, and any purchaser or lessee thereof shall pay for the same in accordance with the provisions of the Crown

Lands Acts. ^

41. The occupier of a holding consisting wholly or in part of Notice of intention

Crown lands held under occupation license or annual lease, may give

annual

board that he intends to make such holding rabbit-proof by erecting a

rabbit-proof fence, or converting a fence into a rabbit-proof fence;

and whei’e such notice has been given, and such holding has been

made rabbit-proof in aecordance with the terms thereof, such holding

shall be deemed to have been made rabbit-proof by a rabbit-proof

fence as from the date of such notice, so far as regards the payment

under this Part for improvements in connection v ith any lands with­

drawn from occupation license or annual lease by becoming the subject

of any purchase or lease from the Crown after the date of such notice :

notice in the prescribed form to the chairman of the local land lease, &c. year from the date of such notice or within such further time as such board on application may allow.

The provisions of this section shall apply in cases where the

proposed fence is a ring fence intended to enclose a group of holdings,

in which case the notice may be given by any occupier of a holding

proposed to be included in the group. 42.

732 Aot No. I l l , 1902.

Pastures Protection.

Adjoining ]ioidinp 42. (1) Where a boundary, or any part thereof, of any holding

laiTe"of rabbit̂ proof	feuccd -witli a rabbit-proof fence, or a fence on such boundary, or or Owner of such holding, or of the occupier or the owner of any land included in the holding, a contribution towards the cost of the work shall, subject to the provisions of this section, be payable hy the owner of any land outside the holding and adjoining the rabbit-proof fence to the occupier or owner who has incurred such expense :
fence.	part thcrcof, has been made rabbit-proof at the expense of the occupier
No. 6,1902,8.33.
Provided that a contribution shall not be payable where the local land hoard is of opinion that the rabbit-proof fence has been erected, or the fence has been made rabbit-proof otherwise than bona fide for the purpose of excluding or destroying rabbits, or unless or until in the opinion of the said board the land from the owner whereof the contribution is demanded derives a benefit therefrom.
The right to receive such contribution shall vest, and the liability to pay the same shall arise, when the then occupier or owner of the holding gives to the then owner of the land outside the holding the prescribed notice of demand; and from and after the date when such notice is given, the amount of the contribution, or so much thereof as may for the time being he unpaid, shall, until payment, he and remain a charge upon the land in respect of which such contribution is payable.

(2) The following provisions as to contributions shall

a p p l y ^

(a)	A contribution shall he payable only in respect of so much of the fence as is on the common boundary.
(b)	The amount of the contribution shall in every case be assessed according to the benefit derived, and to be derived, from the fence, and shall in no case exceed half the value of the fence, or in the case of a fence which does not belong, or does not wholly belong, to the person who makes the same rabbit-proof, shall not exceed half the value of the Avork of making such fence rabbit-proof; and such value shall be the value at the date when the aforesaid notice of demand was given. The amount of the contribution shall be deter­ mined by the local land board.
(c)	Nothing in the Crown Lands Acts, or in the Dividing I’ences Act, No. 63, 1902, shall relieve any person from liability to pay a contribution under this Act.

, (d) It shall be immaterial whether the rabbit-proof fence was erected or the fence was made rabbit-proof before or after the commencement of this Act.

Adjoining holding 43. In any case where a contribution towards the cost of a

^s^of	rabbit-proof fence is payable under the provisions of the last preceding
Ihid. 8.34.	section, an annual contribution towards the expenses incurred in the

. maintenance

L-..

Act No. I l l , 1902. 733

I'astures Protection.

mairitonance and repair of tlie fence shall also be paid ; and for the purposes of such annual contribution the years shall he taken to run from the date or recurring date of the notice of demand required hy the said section.

The right to rcccdve such annual contribution, and a corres­ ponding duty to maintain and repair the rabbit-proof fence, shall run with the holding whereof the occupier or owner ivas entitled to receive payment of the contribution towards the cost of the fence; and the liability to pay such annual contributions shall run with the land Avhereof the owner was liable to jiay the aforesaid contribution towards

the cost of the fence. ' ’

The amount of such annual contribution shall he one-half the

expenses of, or incidental to, the* maintenance and repair of the fence,

as determined hy the local land hoard.

.

Nothing in this section shall affect any right to an annual contribution towards the cost of the maintenance and repair of a rahhit-proof fence accrued under or by Aurtue of the provisions of the Rabbit Act of 1890, or the Rabbit Act, 1901, and the local land hoard shall liaA'c power to assess and determine the amount of any such contribution.

44. Where a private rahhit-proof fenee, erected before or after Tiie Crown to contri-

the commencement of this Act (not being a barrier fence ereeted or âscs.

made x-abbit-proof by or piincipally by the Ci'OAvn or a board or I’abbit	‘	•
board under this Act, or the Rabbit Act, 1901), forms a common boundary fence between private and public lands, and before or after tbe commeneement of this Act paidiculars of such fence have been furnished to the Ministei’, and ho has consented to the erection of the fence, the same contribution shall he payable by the CroAvn in respect of the erecting the fence or making it rabbit-proof as Avould be payable by any private owner; and the amount of such contribution shall be determined by the local land board in the same manner as if the said public lands Avere private lands.

45. Where fences Avithin a distinct have Avholly or in paid. Barrier fences erociod

before tbe commencement of this Act, been rendered rabbit-proof by

the expenditure of moneys voluntarily contributed or paid for the for.

purpose hy any persons, the hoard of the district may repay to the said

persons the moneys so contributed or paid by them as aforesaid, or any

part thereof, if, in the opinion of such board, the fences are barrier

fences within the meaning of this Act.

Grouping o f holdings.

46.                When a ring fence enclosing two or more holdings, or any Formation of groups,

portion thereof is a rabbit-proof fence, made rabbit-j)roof by or by	37.
agreement between the occupiers or oAvners of such holdings, the lands

(including

734 Act No. I l l , 1902.

Pastures Protection.

(including all roads) so enclosod shall, with the consent of the hoard, form a group of holdings within the meaning and for the purposes of this Act.

Any existing fence or portion thereof may form part of the ring

fence of any group, but not without the consent of the owner of such

I'cnce or portion thereof wliose holding thereby forms part of the group.

The Minister may agree that any public lands shall be included

within a group, and the Crown shall thereupon become liable in the

same way as the occupier or owner of any holding of private lands

within the group.

The board may agree that any rabbit-proof fence erected hy it, or any harrier fence, may be used for the purpose of the grouping of holdings.

Where any holding is enclosed wdth a rabbit-proof fence, and any part of the holding becomes the subject of any homestead selection, purchase, or lease from the Crown, and is thereby withdrawn from such holding, the new holding created by such homestead selection, purchase, or lease, and the residue of the original holding, shall be a group of holdings; and any portion subsequently so withdrawn from the residue shall also be a holding within the group.

Any group of holdings constituted under the Eabbit Act of 1890, or the Eabbit Act, 1901, shall be a group of holdings within the meaning and for the purposes of this Act.

Owner not liable for

fencing land w'ithin	47. When any group of holdings has been made rabbit-proof, towards the cost of erecting or maintaining and repairing a rabbit-proof fence or making rabbit-proof any existing fence around any holding wdthin the group ; and it shall be immaterial whether the group has been made rabbit-proof before or after the commencement of this Act.
rabbit-proof group.	the occupiers or owners thereof shall not be liable to contribute
No. 6, 1902. 8. 38.
Grouped holdings.	48, (1) A group of holdings shall be deemed to be a single holding so far as regards any contribution towards the cost of the erection, maintenance, or repair of rabbit-proof fencing as payable by or to the occupiers or owners of adjoining holdings or lands outside the group.
Ihid. s. 39.

Provisions applicable (2) The following provisions shall apply to the holdings (a) The liabilities of such occupiers as between themselves, in

to. forming part of a group, and to the occupiers thereof :—

;

respect of sums expended or to bo expended for the erection, maintenance, or repair of the ring fence, or of amounts paid, or to be paid, as contributions towards the cost, maintenance, or repair of any portion of such fence, shall be proportionate to the respective areas of their holdings, and in any case of dispute shall be such as may be declared by the local land board; and the amount declared by such board to be payable by any such occupier shall be a charge upon all land forming

part of his holding. (b)

Act No. I l l , 1902. 735

Tastures TrotecAion.

(b)	The majority in number of tbe ocenpiers whose holdings for the time being constitute a group may, from time to time, by an instrument in tbe prescribed form, appoint any person to be the secretary of the group ; and proceedings may be taken under this’Act by or against tlie secretary for the time being of a group, as nominal plaintiff or defendant representing all tbe occupiers of holdings constituting, or wbicli at tbe time when tbe liability arose constituted, the group.
(c)	In any case wlierc a group of holdings is not known to have a duly appointed secretary, or the duly appointed secr('tary cannot be found, tlie l)oard of tlie district in which such group or any portion thereof is situate may designate tiro occupier of any liolding included within tlie group to be the nominal defendant reprc'senting all the occupiers of all the holdings constituting the giunp for tbe purposes of any proceedings under tliis Act proposed to be taken against such group or sucb occupiers; and proceedings may there-: upon be taken against sucb occupier as nominal defendant in tbe same way as if be were tbe duly appointed secretary of tbe group.
(d)	Where judgment Jias been recovered against the secretary of a group or other nominal defendant as aforesaid, and has not been satisfied, or where an order for the payment of money has been made against such secretary or nominal defendant, and has not been complied with, the person entitled under such judgment or order may apply to the local land board to settle the respective amounts to be contributed by tbe occupiers'of the holdings within the group for satisfaction of such judgment or compliance with such order; and the local land board shall thereupon settle the said respective amounts in proportion to the respective areas of the holdings; and the person entitled under such judgment or order may take proceedings against each or any of such occupiers for the amount settled by the land board.
(e)	A holding shall not cease to form part of a group, by reason

only of any change of ownership of such holding, or of any other holding; but any occupier may, Avith the permission of the board, and subject to any condition which it may impose, detach his holding from the group of Avhich it formed part if the boundaries of such holding have been made rabbit-proof.

(f) If at any time it appears to the board that a group of holdings is too large for the effective destruction of rabbits, and that the occupiers of not less than one-half of the grouped lands desire that such group may be subdivided, it

shall

736 Act No. I l l , 1902.

Pastures Protection.

shall be lawful for the hoard to authorise the subdivision of such group, and to determine the lines of subdivision. And the subdivision rabbit-proof fence between any two of the groups into which the original group has been subdivided shall, in all respects, be dealt with as if the same formed part of tbe ring fence of each such group.

D ivision 5.— Pestruction of rabbits and noxious animals hy owners

and occupiers.

Duty of owners and

occupiers to destroy 49. I t shall be the duty of the owner or occupier respectively

rabbits and noxious	of any land from time to time to suppress and destroy, by all lawful
animals.	means, at his own cost, and to the satisfaction of the board, all rabbits
No. 6, 1902, 8. 40.	and noxious animals which may from time to time be upon such land, or upon any roads hounding or intersecting the same, or any part thereof.
Penalty fca: default.	. Any such owner or occupier who fails to fully and continuously perform such duty as aforesaid shall he liable to a penalty on the first conviction of not more than ten pounds, and on the second conviction of not more than twenty-five pounds, and on the third or any subsequent conviction of not more than fifty pounds.
Any owner or	60. For the purpose of destroying or suppressing rabbits and consent of the board first obtained, and notwithstanding anything in any Act contained, burn or ignite any straw, stubble, grass, herbage, scrub, wood, or other inflammable material on his land, subject only to conditions to be imposed by the board.
occuj)ior may burn
without notice.	noxious animals, any owner or occupier may at any time, with the
Ibid, s. 41.
Authorised person	61. (1) Any authorised person may, on the production of his from time to time enter any land with or Avithout assistants, horses, and vehicles in order to search whether any rabbits or noxious animals are on such land, or to erect or repair barrier fences or gates, or to examiue and inspect land, or for any purpose whatsoever under this Part, and may remain thereon so long, and do all such things as may be necessary or reasonable.
may enter holding.	authority (if such production is demanded by any owner or occupier),
Ibid, s. 42.

Penalty for	(2) Any person who falsely represents himself to be, or
personating or

obstructing	personates an authorised person under this Part, shall be guilty of a
authorised person.	misdemeanour, and sliall on conviction be liable to be imprisoned with or without hard labour for any period not exceeding six months, or to pay a penalty not exceeding one hundred pounds.
Any person who Avilfully assaults, obstructs, hinders, or interrupts, or causes to be assaulted, obstructed, hindered, or interrupted, any authorised person in the exercise of any power or authority A csted in him by tbis Act, shall for every such offence, if uo otber penalty is specially provided, be liable to a penalty not

exceeding

Act No. I l l , 1902. 737

Pastures Protection.

exceeding twenty pounds; hut no proceeding for the recovery of such penalty nor the payment thereof shall be a bar to any action at law for or in respect of any such assault as aforesaid, but every such action may he commenced and proceedi^d with as if this Act had not been passed.

(3) Tor tbe purposes of this section an “ authorised person” Mi'anitJti of

means a person having authority from the Minister or from a board,	“authorised person.”
and such authority may be a general authority.

Division C.—Destruction o f rabbits and noxious animals by boards.

52. A hoard may, by notice in the Gazette, specify— Board mav require

(a)	the date or dates (not being less tlian one month from the date a,,atToVe^ of the notice) on or before which tlie owners or occupiers of all de.stroved.
or any lands within the district shall respectively commence <5.1002,'s. 43.

the AVork of suppressing and destroying rabbits and noxious animals on such lands, or upon any roads bounding or intersecting the same ; and

(b)	the period or periods during Avhich the said AVork shall be continued and systematically carried o u t; and
(c)	the means (being means previously sanctioned by the Minister)

AAdiich shall be ado])ted for carrying out the said Avork.

Any such notice, or an abstract thereot, shall also be published not less tlian one month before the date or dates specified in one or more neAvspapers published or circulating in such district.

The board may also give to the owner or occupier of any land Avitliin its district a peremjitory notice in Avriting to take all proper steps in order to suppress and destroy rabbits and noxious animals on such land, and to adopt such means for the purpose as may be specified in the notice. The expression “ proper steps ” in this section means such steps as may be declared by the board in the notice or by notification to be proper steps for suppressing or destroying rabbits and noxious animals.

63. If any such OAvm'r or occupier neglects or fails to comply Powois oF boiuti if

with the terms of any notice, Avhether published in the Gazette or

given to hitn in AÂ riting as aforesaid, such person may be summoned m d .s . i i . ’

to appear before the board, and unless he explains his neglect or failure

to the satisfaction of the board, or receives an extension of time to

comply AAutli the notice, any person authorised by the board may enter

upon the land and tise such means and take such measures and do and

perform such acts or things as to him may appear proper or necessary

to be done to ensure the destruction of all or any of tlu; rabbits or

noxious animals upon such land, and shall have free right of ingress,

egress, and regress into, over, and across such land for such period

as may, in his opinion, be necessary for destroying such rabbits or

noxious animals ; Provided

3 A

738   Act No. I l l , 1902.

Pastures Protection.

Provided that where a nmnicipal council is such owner or occupier, the council clerk shall he the person to he summoned on behalf of such council:

Provided also that—

(a)	poison shall not be used unless notice has been given to the occupier of the land of the intention to use poison, and nothing shall he done in contravention of the Noxious Microbes Act, No. 23, 1900; and
(b)	nothing contained in this section shall prejudice any proceed­ ings under this Act for the recovery of any penalty incurred hy an owner or occupier of any land.

Owner or occupier 54. All reasonable costs, charges, and expenses incurred by a

to pay expenses

incurred by board.

hoard under the provisions of the next preceding section in destroying

^^o. 6, 1§02, 8. 45.

rabbits or noxious animals upon any land shall he repaid by the owner or occupier of the land, and until such repayment shall he and remain a charge upon such land, and shall have priority over all mortgages or other charges thereon, other than debts due to the Crown. In the case of land vested in or held hy any municipality, such costs, charges, and expenses shall, until payment, be and remain a charge on the revenues of such municipality, as well as a charge on the land upon which the rabbits or noxious animals were destroyed,

Provision in case	of	55. Notwithstanding anything hereinbefore contained, the
neglect to destroy

noxious animals by	Minister, upon a representation being made to him in writing by five
owner of land or
board of district.	or more owners liable to be assessed under this Act, to the effect that
Ihid. s. 33.	a certain owner therein named is neglecting to destroy the noxious animals on his land, and that the board for the district in which such land is situated has failed to take any steps to promote the destruction of such animals, may direct the inspector for the district to serve the defaulting owner with a notice in the prescribed form; and if, after the expiry of twenty-eight days from the date of the service of such notice, the said owner fails or neglects to comply with the same, he shall be liable to a penalty not exceeding fifty pounds, and for any subsequent neglect as aforesaid he shall be liable to a like penalty, hut no two convictions shall take place within a period of two months.

Bonus fo r scalps. .

Powers of board.	56. Every board may out of the pastures protection fund pay such sums hy way of bonus for the scalps of noxious animals, at such rate as the board may from time to time determine, and the rates so determined by the board shall be published in the Gazette and in one or more newspapers circulating in the district.
IMd. s. 9.
Certificates for
scalps.	57. 'When the scalps of any noxious animals killed within a district are delivered to the secretary of the hoard thereof or to any person duly authorised by such board to receive the same, a certificate
Ibid. s. 22.

Act No. I l l , 1902. 739

Fastures Frotection.

in the prescrihed form shall be granted hy the secretary or authorised

person to the person delivering such scalps, and all such scalps shall Scaips to bedestroyed

he forthwith destroyed hy fire in the prcseuce of the persons granting

such certificate, who shall deliver to the secretary a certificate in

writing to that effect. The amount specified in any such certificate Eewards, how

shall ho payable on presentation to the treasurer or other person	No. 0, 1902, 83 . 21,
authorised hy the hoard.	23.

58.                Upon receipt of a petition in that behalf from the hoard of rrocinmationB.

any district the Governor may, hy proclamation published in the/SjW. s.2r.

Gazette, declare that this Part of this Act shall he applied in any '

district to the destruction of any wild animals found to be detrimental

to tin; stock or pasture thereof for any period to he named in such

proclamation, and tliereupon the provisions of this Act shall he

applicable to such animals, and within such districts as fully and to

the same effect as if the animals named in such proclamation had

been mentioned in the interpretation section to this Act.

69.                  (1) Any person Avho procures or obtains a certificate for Penalty for false

scalps, knowing that a certificate has been previously granted for the

same, or wilfully makes any false statement with respect to such scalps, itid. s. 30.

shall ho liable to a penalty not exceeding ten pounds, or to be

imprisoned for any term not exceeding two months.

(2) Any person destroying noxious animals in any adjoining Penalty for attempt-

State, and obtaining or attempting to obtain payment for scalps, op

as bonuses for the same under this Act, shall on conviction for any adjoining states,

such offence, he deemed to be guilty of a misdemeanour, or in the	s- 34.
discretion of the bench he liable to a penalty not exceeding one hundred pounds with or without imprisonment not exceeding six months.

Natural enemies of rabbits.

60. The Governor, hy proclamation in the Gazette, may declare Natural enemies of any animal, bird, or reptile to he a natural enemy of the rabbit, and	protected,
jirohibit within any area (whether within a proclaimed rabbit-infested
district or not) to he specified in such proclamation the wilful wound­
ing, killing, or capturing, selling, or disposing of any such animal,

bird, or reptile, without a special permit in that behalf, and may alter

■

or revoke any such proclamation, or any proclamation to the like effect

made under the Rabbit Act of 1890, or the Rabbit Act, 1901.

Any proclamation issued under the Rabbit Act of 1890, or the Rabbit Act, 1901, whereby any animal, bird, cr reptile has been declared to be a natural enemy of the rabbit, sliall continue in force according to the tenor thereof, unless and until revoked under the provisions of this section.

Any person who, W'ithin an area or distriet mentioned in any such proclamation, without lawTul authority (the proof of which shall of rabwt.™

be

p-t; •

740 Act No. I l l , 1902.

Pastm'es Protection.

Le on such person), wilfully wounds, kills, captures, or sells or disposes of any animal, bird, or reptile so declared to be a natural enemy of the rabbit, shall be liable to a penalty of not more than five pounds.

Division 7.— Offences.

Penalty for

miscellaneous 61. Any person who—

offences. (a) wilfully carries, drives, or passes any live I’abbit through,

No 6, 1902, 6. 47. under, or over any rabbit-proof fence or gate; or

lb) wilfully leaves open any gate in a rabbit-proof fence ; or

(cj without lawful authority (the proof of which shall be on the

person claiming to have the same) wilfully destroys, injures, tears up, depresses, or removes any portion of a rabbit-proof fence or gate, or excavates under, or in any way tampers with any portion of such fence or gate, so as thereby to endanger its effectiveness as a rabbit-proof fence or gate ; or

(d) attempts to do any such act as is hereinbefore mentioned, or procures the same to be done,

shall be liable to imprisonment, with or without hard labour, for any term not exceeding six months, or to a penalty not exceeding one hundred pounds, or to both imprisonment and penalty.

A rabbit-proof fence or gate, for the purposes of this section, shall mean a fence or gate apparently intended to protect any land from rabbits, and shall include a barrier fence, or gate therein, and it shall be immaterial Avhether or not such fence or gate is in accordance with the requirements of this Act.

Penalty for keeping,

liberating, &c.,

62. Any person who, without lawful authority (the proof of liberates or attempts to liberate, or has in his possession any live rabbit (whether within a proclaimed rabbit-infested district or not), shall be liable to a penalty not exceeding one hundred pounds for every such

rabbits.

which shall be on the person claiming to have the same) wilfully

Ihid. 8. 48.

Permission to keep

offence; but nothing herein contained shall be construed to prohibit

rabbits or hares.

any person from keeping live rabbits or hares in any safe enclosure

with the permission of the Minister first had and obtained.

Penalty for

interfering with 63. Any person who, Avithout laivful authority (the proof of

traps, &c.	which shall be on the person claiming to have the same), wilfully
Ihid. s. 49.	destroys, injures, removes, or interferes with any trap, snare, poison, matter, or thing which is used or required for the purpose of capturing or destroying rabbits, and which is lawfully placed upon any land for such purpose shall be liable to a penalty not exceeding twenty pounds.

Expenditure o f public money.

Expenditure by

boards of public 64. Where money has been voted by Parliament for the purpose

money on public	of rabbit destruction on public lands, or for the erectiomor repair of
lands.	barrier fences, the Minister may authorise a board to apply such money
Ihid. 3. 50.	or any part thereof for that purpose, on such terms and conditions as
he may think fit. Division

Act No. I l l , 1902. 741

Pastures Protection.

Division 8.—Procedure.

65. In any proceedings under iliis Part, tlie jurisdiction of tlic .Turisdiction ofUnd

local land board or of tlie court before ivliich tbe proceedings are bad,

shall not be ousted on tlie ground that tbe case raises any question	g njo2, g 53
of title to land, or that tbe defendant does not reside ivitbin tlie boundaries of tbe jurisdiction of the board or court: Provided that in sucb last-mentioned case tbe land in respect of which the proceedings are bad shall be situated within the boundaries of the jurisdiction of such board or court.

66. In any proceedings under this Part before a local land Local land board

board tor the determination ot any contribution, value, or otlier sum

of money, the local land board may allow time for the payment of nid. s. r,4.

such contribution, value, or sum of money, and may determine tbe

instalments by which the same may be paid, and appoint the dates on

or before which such instalments shall be paid, and such contribution,

value, or sum of money shall be payable by the instalments and on

the dates so determined.

67. Where any proceedings under this Part are had before a -'ppcai to land

local land board, an apjoeal shall lie to tbe land appeal court; and the

Minister or such board shall have the like powers of reference to such	*	'
court, so far as practicable, as be or it now has under tbe Crown Lands Acts; but if there be no appeal or reference, tbe determination or decision of the local land board shall be final and conclusive.

68. The provisions of tbe Crown Lands Acts regulating proceed- 'I'Le provisions of the

mgs belore local land boards, and upon appeals and reierences to tbe o procedure to

land appeal court under such Acts shall, as far as practicable, be '‘ppIv. and in addition thereto the land appeal court (on appeal) and a local land board shall have power to make such orders as to the costs of any proceedings before the local land board as may appear just.

applied to proceedings, appeals, and references under tbis Part, and for

the purposes of proceedings under this Part, the land appeal court and

local land boards and tbe respective members and officers thereof

shall have the same authorities and powers as are conferred by the

69. Whenever any question of law arises in a case before the land appeal court, such court .shall, if retjuired in Avriting by any of the may iie st.ated

Comt.

parties within the prescril)ed time and upon tbe prescribed conditions,	• -	■
or may of its own motion, state and submit a case for decision by the Supreme Court thereon, Avhicb decision shall be conclusive.
Every such case shall purport to be stated under this section, and shall state the names of the persons who are parties to the appeal, reference, or otber pi'ocecding, and shall be transmitted to the Protbo- notary of the Supreme Court to be dealt Avith as to tbe setting doAvn of the case for argument, and the hearing of the same, and its return

Avith

742   Act No. I l l , 1902.

Pastures Protection.

with the decision of the Supreme Court thereon, as the Judges of the said Court, or any two of them may direct. The Supreme Court for the purposes of this section may consist of two Judges only, and shall have power to deal with the costs of, and incidental to, any case stated under this section as it may think fit.

Division 9.— General powers.

Eflfect of moneys	70. Whenever hy this Part, any sum of money is expressed to he charged upon any private land, any person thereafter hecoming the owner of such land shall he taken to have notice of such charge, and shall he liable to pay the sum so charged or so much thereof as may for the time being be unpaid as if he were the person originally liable; but nothing herein contained shall operate to discharge the liability of any person originally or previously liable: Provided always such charge shall be entered in the rate-book as against such land at the date of transfer, and it shall he the duty of the board when and so often as any land within the district becomes chargeable with any sum under tliis Part to have an entry of the same made as aforesaid.
being charged.
No. 6, 1902, s. 62.

Power to raise71. I t shall be lawful for any person in whom any land is money by mortgage, yggted as mortgagee to add to his mortgage debt any sums expended

Ibid. a. 63. contributed by, or recovered from, him for or towards the erection of a rabbit-proof fence, or the converting of a fence into a rabbit-proof fence upon, near, or for the benefit of such land, or for or towards the maintenance or repair of any such fence; and it shall be lawful for any person in whom any land is vested as a trustee to raise the sums required or recovered for any such purpose by mortgage of such land, in the same way as if a power to mortgage for any or all of such purposes had been contained in the instrument creating or declaring the trusts.

PART IV.

Diseases in Sheep.

Division 1.—Power's, duties and disahilities o f inspectors.

Inspector receiving 72. On receiving information of the outbreak, or suspected

information of the

outbreak of disease	outbreak of disease in any part of a district, the inspector shall visit
to visit the locality.	the locality in question, and take all necessary steps, and at once report
No. 27, 1901, s. 39.	on the matter to t)\e secretary and chairman of the board.
to inspector.
Power of entry, &c.	73. (1) Every inspector is hereby empowered to enter at any time upon any run in order— ^
Zditi. 8. 42.

(a) to inspect any sheep;

(b) to take possession of any sheep in respect of which their owner is committing any breach of this Part, and detain such

sheep

Lu ■

Act No. I l l , 1902. 743

Pastures Protection.

sheep until the requirements of this Part have heen complied with or until such sheep are released by order of the directors on appeal as hereinafter provided;

(c)	to carry out at tlie expense of the owner of any sheep, when necessary, any of the provisions of this Part with which such owner may fail to comply ; and
(d)	to exercise and perform the several powers and duties herein authorised and directed.

(2) Every person wlio—

(a)	refuses to allow an inspector to enter upon any run in the execution of his duty, or hinders or impedes, or attempts to hinder or impede, him therein; or
(b)	refuses or delays when requested to point out to an inspector any sheep, or to disclose Avhence any sheep have been taken ; or
(c)	refuses to produce to the inspector when required the flock or slieep book, or to Avash or otherwise disinfect any premises, yard, vehicle, or article found or used Avith or about any infected sheep to the satisfaction of the inspector; or
(d)	refuses to drive sheep in liis cliarge to any place when required by an inspector, or to assist an inspector in tte examination thereof,

shall for eA'ery such offence be liable to a penalty not exceeding one

hundred pounds.

74. (1) EÂ erv inspector, Avhen acting under the provisions of inspectors in oortam

this i'art relating to introduced or imported sheep, or prosecuting tor powers as

a breacli of any of the provisions of this Part in respect of any such oH'ccrs of customs,

sheep, together Avith all otlier persons acting in his assistance, shall	s. i3.
possess, so far as the same may be ajtplicablc to the case, all the powers, rights, privileges, and indemnities possessed by officers of customs or other persons duly authorised in that behalf when engaged in searching for, or seizing or prosecuting for any offence in respect of any uncustomed or prohihited goods.
(2) EÂ ery person by force or A'iolence resisting or impeding an inspector or his assistants in the execution of his or their duty witli respect to such sheep, shall be liable to a penalty of not less than ten pounds and not more than tAvo hundrcxl pounds, or to imprisonment for any term not exceeding three-months.

75. (1) In any case except in tliat of imported sheep where the inspectors nmy kill

fact of the infection of any sheep as declared by any inspector’s notice °

is disputed by the owner of such sheep such inspector may kill one	‘ ' '
sheep in each flock Avhich he considers infected, and shall take posses­ sion of the skin or any portion thereof, and having marked and caused the OAvner to mark the portion thus taken, he shall pack up tlie same securely in the presence of the owner, sealing the package Avith his

OAvn

744 Act No. I l l , 1902.

pastures Protection.

own and the owner’s seal, and such package shall he produced and opened before any court or hoard as the case may ho whenever the fact of any such infection is in issue.

(2) Every person preventing or impeding or attempting to

prevent or impede an inspector in carrying out any provision of this

section shall he liable to a penalty not exceeding fifty pounds.

Inspectors may place	76. (1) The hoard shall at any inspector’s request from time
detained sheep on

nearest available	to time sanction the occupation of some land being the property of the
Crown lands.	Crown, and whether the same is then occupied under lease or not as
No. 27, IGOl, s. 45.	a run, where such inspector may detain any sheep under the provisions of this Part, and where such sheep may be kept and depastured with the greatest safety while so detained.
lessee.
Compensation to	(2) The owner of such sheep shall repay and make good to the lessee (if any) of the run on which they are so kept and depastured every loss, damage, or expense he may thereby sustain to he assessed by the directors upon application to them by such lessee.
Penalty.	(3) Every lessee refusing to permit such sheep to be so kept or depastured, or preventing or attempting to prevent them from being so kept or depastured, shall for every such offence be liable to a penalty not exceeding one hundred pounds.
Inspectors may
employ assistants.	77. An inspector may whenever necessary employ any persons to assist him in carrying out the provisions of this Part, and the owner through whose neglect, omission, or other default, or by reason of the infection or removal of or other dealing with whose sheep the expense of such employment has been incurred, shall repay the same to the inspector on demand.
Ihid. 8. 46.
No inspector to be
an owner of or	78. (1) No inspector shall be either directly or indirectly an (2) No inspector shall receive any payment or consideration for the depasturing of any sheep or the performance of any act, matter, or thing directed or authorised by this Part under a penalty not exceeding twenty pounds.
dealer in sheep.	owner of or dealer in sheep, or shall act as the agent of an owner of or
Ihid. s, 47.	dealer in sheep.
(3) Nothing in this section contained shall prevent any inspector from demanding and receiving any fees and charges so authorised.

Division 2.— Infected sheep.

Oioners' duties.

Duties of owner of 79. Every owner of infected sheep, whether such sheep have

infected sheep.

Ibid. s. 49.

heen declared infected by an inspector or not, is hereby required and

directed—

(a) to write out, date, sign, affix on some conspicuous place and

■ maintain till his run on which such infected sheep are kept or depastured is declared clean, a notice in distinct legible

characters

Act No. I l l , 1902. 745

Pastures ProteQtion.

characters not less than one inch in length at each point of entrance of any road intersecting such run, and at each point where anyroad commences to form the boundary line of such run, and also at all other points directed by the inspector stating that disease has broken out thereon;

(h)	to insert a similar notice in the nearest local newspaper for three successive weeks;
(c)	to send a written notice in the prescribed form to the nearest inspector that his sheep are or are supposed to he infected, containing a correct account of their number, description, brands, or marks, and the places where such sheep are then running ;
(d)	to send a similar notice to the nearest resident director ;
( e )	to send a similar notice to the proprietors of adjoining runs;
( f )	to cause his infected sheep to be carefully shepherded by day and securely yarded at night (and in no case by an aboriginal) till they are destroyed or declared clean ;
(g)	to brand all his infected sheep above the age of one month with the initials of his name, or with his known station brand, and also in either case with the letter S three inches in length, such letters or brand being branded with paint of a red colour, and when more flocks than one on the same run are infected to use a distinguishing brand or mark for each flock;

and in default thereof every such owner shall be liable to a penalty not exceeding twenty pounds for each and every day that he neglects or omits to do tlie same after the day upon which tlie obligation in each case first attached to him.

80.                (1) The obligation imposed upon an owner of infected or wiien obligation

suspected sheep by the next preceding section to do each and every	̂ 50
act, matter, and thing therein enumerated, and his liability in default thereof shall commence and continue to attach to such owner upon the expiration of twenty-four hours from the time when the fact of such infection or suspected infection, as tlie case may he, came to his knowledge.
(2) In the absence of direct or other satisfactory evidence to fix such owner with such knoAvledgo, proof that any sheep belonging to such owner have been infected for more than one month shall in all cases be conelusive evidence that the fact of such infection had come to such owner’s knowledge.

Quarantine.

81.                (1) The inspector on being satisfied that any run or part inspector to

of a run is infected shall define the boundaries of the same and place SJoJIndan'es™"*™'

it in quarantine by giving written notice to the owner thereof in the	̂ 5 ̂
prescribed form, and also by posting placards, and by the insertion of

a notice in the nearest local paper. (2 )

746   Act No. I l l , 1902.

Pastures Protection.

(2) Such quarantine shall extend for one mile at least in every direction beyond the boundaries of such infected run or part of a run, and shall continue and be in force until such run or part of a run has been released therefrom in manner hereinafter mentioned.

(3) All sheep within the said defined boundaries shall also

be included and kept in such quarantine until released in like manner.

Penalty for Tiolation	82. (1) Such quarantine shall be binding on all persons whom­ (2) Every person who removes or causes to be removed or assists or is in any way concerned in removing any sheep beyond such quarantine, or who takes or assists or is in any way concerned in taking any other sheep within such quarantine except as hereinafter provided, shall for every such offence be liable to a penalty not exceeding one hundred pounds, or to imprisonment for any term not exceeding six months.
of quarantine.	soever.
No. 27, 1901, 8. 52.

(3) Any person may destroy all sheep taken in or out of

such quarantine contrary to the provisions of this Part.

Inspector may move	83. Notwithstanding anything to the contrary hereinbefore (a) remove all infected sheep back for any distance not less than two miles from any road on or near which they are kept or depastured, or to any other ground belonging to or occupied under lease by their owner, where they can be kept with greater safety to other sheep than on the ground wher(i they are so kept or depastured ;
infected slieep back

from roads,	contained, every inspector may with the sanction of the board—
Ibid. 8. 53.
extend quarantine

for sake of feed or (b) where necessary in order to obtain sufficient feed or water for

water, any sheep placed in quarantine, extend the boundaries thereof;

bring other	,	(c) and with the permission of the proprietor of the run placed in
infected sheep into

quarantine.

quarantine bring other infected sheep within such quarantine

boundaries.

Mode of releasing

from quarantine.	84. (1) All runs and sheep placed in quarantine under the provisions of this Part may be released therefrom on the certificate of an inspector tliat such runs and sheep are clean, and the proprietors or owners thereof may apply for such release to the board in the prescribed form.
Ihid. s. 54.
(2) Notwithstanding anything hereinbefore contained, any run or part of a run may be released from quarantine upon tbe sheep running thereon being declared clean.

Destruction o f sheep infected icith scab.

Diseased sheep and	85.	(1) On notice being given by an owner as hereinbefore
infected sheep in

cert-ain cases to be	directed, or on reasonable ground of suspicion that any sheep are
destroyed.	infected, the inspector shall immediately examine such sheep, and if
Ibid. 8. 55.	he decides—

(a)	that such sheep or any of them are suffering from or actually
affected with scab; or (b)

Act No. I l l , 1902. 7G1

P a s tu r e s P r o te c t io n .

138. (1) Xo wool, skins, or other portion of a slieep shall he Penalty for

introduced or imported into New South Wales otherwise than by sea

from any other State which the Governor shall by proclamation declare	97,1901, s, 11s.
to he infected.
(2) All wool, skins, or other portions of a sheep introduced contrary to the provisions of this section may he seized and destroyed, or otherwise disposed of as the Minister shall direct.
(3) Every carrier or other person conveying or being in charge of such wool, skins, or other portions of any sheep as aforesaid shall he liable to a penalty not exceeding twenty pounds.

139. (1) Every OAvner intending to pack or remove any avooI, remiity for removing

skins, or other portion of any infected sheep shall give the nearest iiot"sccureiy

inspector three clear days’ notice of such intention. packed.

(2) If such owner fails to give such notice, or removes or

carries away otherwise than in hags or bales securely packed and	'
branded “ infected ” in letters not less tlian three inches in length, any such Avool, skin, or other jiortion of such sheep (not liable under tliis Part to be destroyed), he shall he liable to a penalty not exceeding one hundred pounds.

(3) Any inspector having just cause for suspecting that inspector may detain

any such avooI, skin, or other portion of such sheep has been removed,	&c
or is intended to he remoA’cd, or is being exposed contrary to the	’
provisions of this section, may detain and examine, and may also enter upon any premises and search for and examine any avooI, skin, or other portion so suspected of belonging to infected sheep.

140. (1) Any OAvner Avho knoAvingly permits or connives at tlie Penalty for allowing

travelling of any. infected sheep (except Avith tlie sanction of the '

inspector as hereinbefore provided) shall he guilty of a misdemeanour,	s. 120.
and he liable to he imprisoned for any term not exceeding tAvo years.

(2) Such infected sheep, Avherever found, shall be destroyed ,

at the OAvner’s expense Avithout compensation.

141. (1) Any OAvner Avilfully leaving or abandoning any sh eep Penalty for

on any run AAuthout the consent of the proprietor of such run shall he abandoning sheep,

liable to a penalty not exceeding one pound for every sheep so left or-	' ‘	'
abandoned, and such sheep may be destroyed Avithout compensation to the owner thereof.

(2) Any sheep left or abandoned on any road intersecting or forming the boundary line of any run shall he deemed and taken to be left and abandoned on such run. ,

142. Whosoever conveys inland, Avithout the , sanction of the Penalty for taking

chief inspector, any avooI, skin, or other portion of any sheep from any “Gaud,

seaport in NeAV South 'Wales, or from any place in the coast scab "	’	,
district, shall be liable to a penalty not exceeding five pounds.

143. IVhosoevcr brands any sheep Avith any of the letters S, T, Distinctive letters or

V, A, or Q, or Avith paint or other ingredient of a red colour, unless to brands”"*''̂

denote md. s. 124.

762   Act No. I l l , 1902.

Pastures Protection.

denote that such sheep are respectively infected sheep, travelling sheep, or introduced sheep, as hereinhefore provided, shall he liable to a penalty not exceeding ten pounds.

Penalty for making	144.	Every inspector or other person who makes any return or
false report or

forging.	report required or authorised by this Part, or signs any false certificate
No. 27, 1901,8. 125.	respecting any sheep, knowing such return, report, or certificate respectively to he false, or forges or alters or utters or puts off any return, report, notice, certificate, permit, brand, or mark, knowing the same to be forged or altered, shall he guilty of a misdemeanour, and shall be liable to imprisonment for any term not exceeding three years.

Inspectors of	146.	Every duly authorised inspector of slaughter-houses shall
slaughter-houses to

report disease.	give to the nearest inspector immediate notice of the fact of any
Ihid, 8. 126.	infected sheep having heen slaughtered or hrought for slaughter, and shall give every information and assistance in tracing and detecting disease, and sliall also, in each case, make a written memorandum of the symptoms of such infection, under apenaltynot exceeding twenty pounds.
Owner putting sheep

on a run for the first 146. Every oAvner who puts sheep on a run on Avhich sheep have

time to give notice	not heen depastured within the next preceding six months, with the
to inspector.	intention of keeping such sheep thereon for any period over two
lUd. 8. 127.	months, shall, within ten days of the arrival of such sheep on such run, give the inspector of the district notice of such arrh^al under a penalty not exceeding ten pounds :
Provided that when any owner has registered his run, as required by section one hundred and fifty-eight, such notice may he dispensed with.
Penalty for destroy­
ing notices.	147. Any person who pulls down, defaces, or otherwise destroys any notice or placard required by this Part to he posted, shall for every such offence be liable to a penalty not exceeding twenty pounds.
Ibid. s. 128.
General penalty.	148. Every person who commits a breach of any of the pro­ visions of this Part, or of any regulation issued hereunder for which a penalty is not specially provided, shall, if such provision is one relating to travellin stock, for every such offence be liable to a penalty not exceeding twenty-five pounds, and if such provision is not one relating to travelling stock shall, for every such offence, be liable to a penalty not exceeding ten pounds.
Ibid. 8. 130.

D i v i s i o n 11.— Appeals and applications.

Owners may appeal 149. (1) Any owncr aggrieved hy any notice or decision or not1c7wkhin"cfrfcam ’’̂ fusal to issuc any Certificate or permit, by an inspector, may appeal

time. therefrom in the prescribed form, to the board of the district in which

Ibid. s. 131. circumstances out of which such appeal arises took place.

Notice of appeal.

(2) In the case of an appeal against any notice, decision,

or refusal of an inspector, other than a notice to destroy infected sheep,

the appellant shall give notice of such appeal to such inspector, and

shall

Act No. I l l , 1902. 763

Pastures Protection.

shall lodge the same ■with one of the directors of the said hoard wdthin three days after the time 'nhen such notice has been served on him, or such decision or refusal has heen notified to him.

160. Any owner making any application for compensation for Applications to board,

the destruction of infected sheep, or any other application authorised No. 27, looi, s. 132.

under this Act, shall make and lodge the same with the board in the

prescrihed form, and shall give the inspector of the district concurrent

notice thereof.

161. (1) Every hoard may receive, hear, and determine any Power to receive and

appeal or application under this Eart, and issue summonses directing appUcaHons'’™̂

any inspector, Avitness, or other person to attend the hearing of s u c h s. 133.

appeal and ajiplication, and receive and examine evidence upon oath.

(2) On any such appeal or application being lodged as Time and notice of

hereinbefore provided against the destruction of infected sheep, the

board shall appoint some day not earlier than the third nor later than the fifth day after the lodging of such appeal—and in the case of any other appeal or application some day not earlier than the seventh nor later than the fourteenth after the lodging of such appeal or applica­ tion— and some conA^enient hour and place for the hearing thereof.

(3) Written notice of such day, hour, and jilace shall be Notice of hearing,

given by the board to the appellant or applicant, and also to the inspector, and to any Avitness Avhose evidence may be required at the heiiring, by causing the same to he delivered to them personally, or left at their respective places of abode.

162. (1) The board-- Mode of bearing

(a) s h a l l h e a r a n d d e t e r m i n e any s u c h a p p e a l or a p p l i c a t i o n a s “ppifJarions and

nearly a s may be in t h e manner a n d form in A v h ic h a p p e a l s forms of decisions,

are by laAV conduett'd a t quarter sessions ; a n d s. 134.

(b) shall assess and tax the costs thereof, and the expenses of the Avitnesses attending the same, as A vell as the travelling expenses of the directors and inspectors attending the hearing of such appeals and ajiplications ; and

(c) may inflict any penalty not exceeding tAÂ enty pounds for the

non-attendance of any Avitnesses so summoned as aforesaid;

and

(d) shall cause a competent record to be taken of the Avhole proceedings in the minute-book of the board.

(2) Such decisions on appeals and applications brought

before them shall be in the prescribed forms.

163. In hearing an appeal or application relating to the Directors to visit the

infection or cleanness of any run or sheep, the directors shall visit and and examine such run or sheep, and may then and there take evidence, and applications, such appeal or application shall be heard and determined as near as

may be to the place Avhere such run or sheep is or are situated.

D i v i s i o n

764   Act No. I l l , 1902.

Pastures Protection.

Division 12.—Evidence.

Brands to be 154. In and for the purposes of any prosecution under this Part,

^ide^nce. o. 2 , 1901,8.137. gî ggp̂ ĝ ĝ ^̂ gn brand on a sheep shall be evidence of the ownership of such

gjjy ggg}i braud taken in conjunction with the form, colour,

or other character thereof, shall be evidence that the sheep bearing such brand is of the description hereinbefore required to be denoted by such brand.

Prims facie evidence 165. (1) In all qucstions as to whether or not any sheep are

duTOd,"ori^%rieci infected, introduced, imported, or coast district sheep, evidence slieep to be conclusive adduced by an inspector to show that such sheep belong to one or unless disproved, other of sucli classcs sliall in each case be conclusive unless the owner

'	■	thereof shall satisfactorily prove the contrary.
(2) The certificate or notice of an inspector shall in every case, for the purposes of this Part, be prima facie evidence of the truth of the matter contained in such certificate or notice.

Where tbe ownersiiip 166. If it is Uncertain who is the owner of any sheep in respect

be^Se on th7 s^ep	whicli any proceedings for the recovery of a penalty have been taken been so taken or commenced, may make an adjudication against the owner of such sheep by their description merely, and may order that such penalty and the costs attending the recovery thereof shall be levied by seizure and sale by auction of such sheep, or of so many of such sheep as may be necessary to satisfy the same ;
for the penalty.	or commeuced, the justices before whom any such proceedings have
Ibid. s. 139.
Provided that no such sale shall take place of any sheep which are required to be destroyed under the provisions of this Part.

Division 13.—Miscellaneous.

Owners mustering to

167. (1) Every owner of fifty or more sheep or twenty head or more of large stock shall give the occupier of any adjoining run who has a like number of sheep or large stock not less than twenty- four hours’ nor more than five clear days’ notice in writing of any muster intended to be made by such owner on his run for the purpose of shearing or weaning of any sheep, or of branding, marking, or removing any sheep or large stock from the run on which they are ordinarily depastured, and such owner shall permit the said occupier or his employees to attend at any such muster :

give notice.

Provided that any such owner may, with the consent of any such occupier, omit such notice.

(2) Any owmer failing to send such notice shall, unless he

has obtained such consent, for every such offence, be liable to a penalty

not exceeding fifty pounds. .

. ; 168.

Act No. I l l , 1902. 765

'Pastures Protection.

168. Every owner not liable to contribute, as provided by tins Non-contribuHng Act, wlio keeps sheep, and every salesman and dealer in sheep, and rc'g'istCT every butclior, shall, on or before the fourteenth day of January in tueir premises and each year, register his run and premises and the number of sheep at

the time on such run or premises (if any) in the register hook of the

inspector of the district.

PART V.

G e n e r a l p r o v i s i o n s .

Legal procedure.

159. (1) Any proceedings for— Summary

(a)	the recovery of any sum of money which any person is in pursuance ot this Act requircal or made liable to pay, or
(h)	the recovery of penalties or punishment of offences under this
Act or any regulation made thereunder, .

shall he heard and determined in a summary way before a.court of petty sessions in accordance with the provisions of the Justices Act, 1902.

(2) Any person may take proceedings for the punishment PonaUics to go to

of any offence under this Act, and any penalty imposed for any such offence shall belong and he paid to the board of the district in which the proceedings were taken, any law to the contrary notwithstanding, and the court imposing the penalty shall order accordingly.

160. Wliere under this Act any sum of money is ordered hy a Action in supromo court of petty sessions, or by a court of quarter sessions on appeal

therefrom to he paid and the same is not paid within the period named	̂ 52.
in such order, it shall lie lawful for the person entitled to receive payment of such sum to sue upon such order in a District Court or the Supreme Court.

161. Every person who commits a breach of any of the General penalty,

provisions of this Act, or of any regulation made hereundei*, for which a penalty is not specially proAuded, shall, on conviction for every such offence, incur a penalty not exceeding ten pounds.

162. Any person wlio neglects or delays to make any return, or Penalty for not

to give any information ivith respect to any large stock or sheep

required for the purposes of this Act, or wilfully makes any false ̂ °	’ .
statement in any return, or gives any incoi-rect or misleading informa­ tion with respect thereto shall, on conviction for every such offence, he liable to a penalty not exceeding tiventy pounds.

163. Any person who obstructs, hinders, or interrupts any Obstructing persons

inspector or any person appointed hy the board in the exercise of any poAver or authority vested in any such person hy this Act, or threatens

766 Act No. I l l , 1902.

Pastures Protection.

or assaults any such person whilst in the performance of his duty under this Act shall, for every such offence, forfeit and pay a penalty not exceeding twenty pounds :

Provided that no proceeding for the recovery of any such penalty, nor the payment thereof, shall he a bar to any action at law for or in respect of any such assault.

Notices and documents.

Authentication of

documents, &o.	164. Any notice, information, complaint, agreement, or other document, hy or from a hoard, shall he sufficiently authenticated if it is signed hy the chairman of the hoard, or under his direction hy the secretary of the hoard, and authority in the chairman or secretary to so sign shall he presumed unless and until the contrary is shown.
No. 6, 1902, 8. 58.
Any notice or other document to he given to or served upon a hoard may, unless otherwise specially provided, he given to or served upon the secretary or chairman of such board.

Service of notices. 165. (1) Any notice given under or for the purposes of this Act,

Ihid. 8. 59.	or any regulation made thereunder, may, unless otherwise specially (a) personally to the person to whom the notice is addressed ; or
cf. 14, 1898, s. 36.	provided, be given in any one of the following ways—

(b)

by registered letter sent through the post and directed to the last known place of abode or of business in New South Wales of the person to whom the notice is addressed; or

(c)

by advertising the same twice at least in some newspaper published or circulating in the district in which the lands the subject of notice are situate, an interval of a week or more being allowed to lapse between such advertisements: Pro­ vided that notice shall only be given as last aforesaid when the whereabouts, or the last place of abode or of business in New South Wales, of the person to whom such notice is addressed cannot he discovered by the person issuing such notice.

(2) Any notice required by this Act to he given to the occupier or the owner (as the case may he) of any holding or land shall in cases where several persons are the occupiers or the owners thereof, he duly given if given to one of such occupiers or owners.

General description	166. For the purposes of any proceeding under this Act the description of any holding or land need not he a description by metes and hounds, hut shall he sufficient if it makes such reference to the holding or land either hy name, situation, boundaries, or otherwise, as allows of no reasonable doubt as to what holding or land is referred to.
No. 6,1902, 8. 60.
Proceedings when

of land sufficient.

occupier or 167. Where the name of the occupier or owner of any holding

owners unknown.	or land is unknown to any person giving notice or taking proceedings
Ibid. B. 61.	under this Act, any such notice may be addressed to the occupier or

owner

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Act No. I l l , 1902. 767

Pastures Protection.

owner as such, and any such proceedings may he taken and any order or decision therein may he made or given against the aforesaid occupier or owncr as such.

168. All notices of proclamations, regulations, appointments, Notices, &e,, in

elections, rates, bonuses, or assessments hereunder, or ot any other

matter or thing done under the authority of this Act, and published nq. i4, isos,». 36.

in the Gazette, and all entries duly made in any rate-book, shall he

taken to he evidence of the facts or matters therein stated, and in any

proceedings under this Act it shall not be necessary to prove that the

hoard for any district has been duly constituted under the provisions

hereof, or that any district has not been exempted from such pro­

visions, or to prove the appointment of the complainant or defendant

to the office in the name of which any proceedings have heen taken.

Pegulations.

169. Whenever in this Act the expression “ prescribed ” is used Regulations by the

in connection with any matter, and whenever in this Act “ regulations”

are referred to, the Governor may frame regulations for the purpose

giving ell'ect to the matters which may he so prescrihed or in relation to

which the regulations are referred to.

The Governor may make regulations for the purpose of carrying this Act into effect, and may in those regulations provide for the enforcement thereof hy penalties not exceeding in any case, ten pounds. Such regulations upon being ])ulilished in the Gazette shall be valid in law. A copy of every such regulation shall he laid before both. Houses ot Parliament within fourteen days from the publication thereof, if Parliament he then in session, or otherwise within fourteen days after the commencement of the next ensuing session.

SCHEDULES.

PIEST SCHEDULE.

Number of Act. Title or short title. Extent of repeal.

No. 14, 1898 ... Pastures and Stock Protection Act, 1898 ... The whole.

No. 27, 1901 ... Stock Act, 1901 ... ... ... ... Sections 3 to 142 inclusive. and Second to Seventh Schedules inclusive.

No. C, 1902 ... Eabbit Act, 1901 ................ ... ... The whole.

SECOND

768   Act No. 112, 1902.

Municipalities Helief.

Section 85. SECOND SCHEDULE.

Time io he allowed fo r destruction o f sheep directed under section eighty-five to he

destroyed.

In a lot not exceeding 100 ... ... ... ... ... 3 days.

exceeding 100 and not exceeding 500 4

500 „ 1,000 7

1.000	„	5,000	14
5.000	„	10,000	21
10,000	„	20,000	28

Section 128. THIRD SCHEDULE.

Scale o f fees for recording sheep brands and marlcs.

d.

Eor 1 sheep and not exceeding 100 sheep ... ... 6

100 „ „ 500 „ ................ 0

500 „ „ 1,000 ......................... ()

And for every additional 1,000 sheep or part of 1,000 0

For every ear-mark or other “ owner’s mark ” ... ... 0

For every distinctive brand or mark ... ... ... 0

For the transfer of any brand or mark half the above rates for

recording the same.

For the publication of every brand or mark in the Gazette ... 1 0

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