Pastures Protection Act 1934 (NSW)

344                  Pastures Protection Act.

PASTURES PROTECTION ACT.

Act No. 35, 1934.

George V,

No. 35, 1934. An Act to provide for the protection of pastures; to provide for the constitution of pastures protection boards, and dingo destruction boards; to amend the law relating to the branding and earmarking of sheep, travelling stock reserves, public watering-places, the destruction of noxious animals and certain other m atters; to validate certain m atters; to amend the Local Government Act, 1919, and certain other Acts; to repeal the Pas­ tures Protection Act, 1912, and the Acts amending the same, and the Public Watering- places Act, 1900 ; and for purposes connected therewith. [Assented to, 14th K”o\ember,

1934.T •J

1 3 E it enacted by the King's Most Excellent Majesty, I f by and with the advice and concent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PAET I.

P eeliminaby.

Short title	1. (1) This Act may	be cited as the “ Pastures
aud eom-

menccment.	Protection Act, 1934.”
(2) This Act shall commence on a day to be ap­ pointed by the Governor and notified by proclamation published in the Gazette.

Division into	2. This Act is divided into Parts, as follows:—	.	,
Parts.

PAET	I.— P r e l im ix a e y — ss. 1-4.
PART	II.— P a s t u r e s P r o t e c t io n D is t r ic t s AND

B oards— ss. 5-24.

PART

Pastures Protection Act. 345

No. 35, 1934.

PAET III.—R a t e s— S5. 25-40.

PAET IV.—T ravelling Stock and T ravelling

Stock and Camping R eserves—ss. 41-67.

PART V.—P ublic W atering-places—ss. 68-78.

PART VI.—N o x io u s A n im a l s —ss. 79-108.

'	Division 1.—General—ss. 79-91. Division 2.—Alsatian Dogs—ss. 92-95.
D iv is io n 3 .— Dingo destruction districts— ss.

96-108.

PART V II.— R̂abbit, Marsupial, and D og-proof

F e n c e s—ss. 109-143.

Division 1.—Wire netting—ss. 109-116.

D iv is io n 2.—Fences—ss. 117-128.

D iv is io n 3.—Barrier fences—ss. 129-134.

D iv is io n 4.—Procedure—ss. 135-142.

D ivision 5 .—Offences—s 143.

PART VIII.—B r a n d in g a n d E a r m a r k in g o f S h e e p

—55. 141-157.

PART IX.—M u s t e r in g —ss. 158, 159

PART X.—G e n e r a l P r o v is io n s—ss. 160-173.

SCHEDULE.

3 .        (1) The enactments mentioned in the Schedule to Repeal,

this Act are to the extent therein expressed hereby

repealed.

(2) The rejical of any enactment by this Act shall Continuity

not operate to break the continuity of existence of a

pastures protection district or of a board existing at the districts,

commeneement of this Act, and—

(a) boards continued under this Act shall have and Saving of enjoy as far as relates to any previous or pend- ngiits, oto. ing transaction or matter, all rights, powers,

]irotections, and propert}^ acquired by them, and be subject to all liabilities incurred or indem­ nities given by them under the enactments renealed bĵ this Act;

( b )

346                  Pastures Protection Act.

No. 35, 1934.

r'-— (b) all proclamations and notifications made, aud

Proclama­	all sanctions aud notices given under the enact­
tions,
returns, etc.	ments repealed by this Act the operation of which is not exhausted at the commencement of this Act, shall be deemed to have been made and given under the corresponding provisions (if any) of this Act, and shall have and take effect accordingly;
and direc­

Cliairmen (c) the chairman and directors of any board elected this Act and holding office at the commencement of this Act shall continue to hold office until the thirtieth day of April in the year one thousand nine hundred and thirty-seven.

tors of	or appointed under the enactments repealed by
board.s.

Rolls.	(d) all electoral rolls prepared under the provi.sions of the enactments repealed by this Act and in force at the commencement of this Act shall be rolls of electors under this Act until fresh rolls of electors are compiled and are in force under this Act;
Rates.	(e) subject to subsection four of this section all rates, charges, fees, and sums of money which under the enactments repealed b)'' this Act are at the commencement of this Act due and payable to or leviable by or for the board of any district shall bo paid to and may be varied, levied, and recovered by the board of the district and such rates, charges, fees, and sums of money (in­ cluding money which by the operation of that subsection is payable to or recoverable by the Minister) shall remain a charge on land until payment;
Regulations.	(f) all regulations made under the enactments repealed by this Act and in force at the com­ mencement of this Act shall continue in force so far as they may be applicable as though made under this Act until repealed, replaced, or amended by regulations made under this Act;
Appoint­	(g) all appointments of officers duly made under the enactments repealed by this Act, and which have not been terminated at the commence­ ment of this Act, shall continue and be of the same force and effect as if made under this Act;
ments.

(1‘)

Pastures Protection Act, 347

. Ho. 35, 1934.

(li) any permit to travel or to graze stock on a

reserve or other place, and any license to keep Permits,

live rabbits or hares issued under the enactments

repealed by tliis Act, and in force at the com­

mencement of this Act, shall continue in force for

the period for wliich it was granted, subject to

the provisions of this Act;

----

(i) printed notices, forms, books, and formal docu- Printed ,,

ments prescribed and customarily used under tlie provisions of the enactments repealed by this Act may, so far as they are applicable, and until now forms are proscribed, lie regarded as sufficient under this Act;

(j)

every public watering-place declared or estah- Public Public Watering-places Act, 1900, or proclaimed in accordance with the provisions of section four hundred and ninetj’-soven of the Local Govern­ ment Act, 1919, and in existence at the commencement of this Act, shall be deemed to be a public watering-place declared under the pro­ visions of this Act;

(k) every lease of a public watering-place granted Pease of under the enactments repealed by this Act and ’yatoHug- in force at the commencement of this Act shall I’lace.

. continue in force for the unexpired jiortion of the term thereof, and the lessee shall be subject to the same rights, obligations, and liabilities as if the lease had been granted under the pro­ visions of this Act;

(l)

appointed by the Minister or a council under yyatering- ,

the Public Watering-places Act, 1900, or section place,

ever}' caretaker of a i^ublic watering-place Caretaker Government Act, 1919, and whose appointment has not been terminated before the commence­ ment of this Act, shall be deemed to be appointed by the controlling authority constituted by this Act.

The gencralit}' of this subsection shall not be affected

by any saving in any other section of this Act, nor sliall

this section limit anv saving in the Interpretation Act of

1897.   ‘

(3)

348                   Pastures Protection Act.

No. 35, 1934.

(3) (a) Where before the commencement of this Act the council of any municipality or shire has effected improvements on any public watering-place (other than a public watering-place which has been declared to be a town water supply) to which the provisions of para­ graph (j) of subsection two of this section apply, such council shall be entitled to compensation for the improve­ ments in accordance with this subsection.

(b) A claim for compensation shall be made to the board which under this Act becomes the controlling authority of the public watering-place.

Such claim shall not be made later than one year after the commencement of this Act.

(c) No such compensation shall be payable unless the Minister for Agriculture has certified in writ­ ing under his hand that compensation is properly payable.

(d) The amount payable as compensation shall

not in any case exceed the cost of such improvements.

The amount of compensation shall be fixed by agree­ ment between the board and the council.

Where the board and the council fail to agree in regard to the amount of compensation, the amount shall be determined by the local land board.

Any amount payable as compensation may be paid by the board to the council in such instalments as may be agreed uiDon by the board and the council, and wliere the board and the council fail to agree then in such instal­ ments as shall be determined by the local land board: Provided that no interest shall be payable by the board to the council on any such amount.

(4) Where pursuant to any enactment repealed by this Act money was voted by Parliament for the purchase of wire-netting or other materials used in the construction of rabbit-proof fences or any machinery, plant, or sub­ stances for the destruction of rabbits, and such money was applied or lent in the manner provided in that enact­ ment, the following provisions shall have effect:—

(a) The liability of the board of any district to the Colonial Treasurer in respect of such netting, materials, machinery, plant or substances, shall be reduced by an amount equal to the amount

which.

Pastures Protection Act. 349

No. 35, 1934.

Avhidi, Ity the opcralion of paragrai)li (b) of tliis subsection, l)ccomcs payable to and recoverable b}' the Ministei'.

(b)	All moneys and liquidated and unliquidated claims -wliicli, immediately before the commence­ ment of this Act are payable to or recoverable by the board of any district in respect of such netting, materials, machinery, plant or sub­
'	stances sold or let to owners of private land shall be moneys and liquidated and unliquidated claims payable to or recoverable bj’ the Minister.
(c)	All suits, actions, and proceedings pending immediately before such commencement at the suit of the board of any district in respect of such netting, materials, machinery, plant or suh- stancc's sold or let to owners of private land shall

■	respectively be suits, actions, and proceedings
■	.	pending at the suit of the Minister.

(d)	The Minister may pursue the same remedies for the recovery of any such moneys and claims and for the i)rosecution of such suits, actions, and proceedings as the board might have done but for this Act.
(e)	The Minister may enforce and realise any security or charge existing immediately before such commencement in favour of the board, in

• I, respect of any such moneys and claims as if such security or charge were existing in favour of the Minister.

.	(f)	The property in any netting or other materials and the right to recover any contribution which, by the operation of any enactment repealed by this Act have passed to and become vested in the board of any district consequent upon the for­ feiture or surrender of a holding, and immedi-
'	ately before the commencement of this Act are the property and right of such board shall pass to and vest in the Minister.

In this subsection “ the Minister” moans the Minister to whom the administration of Part VII of this Act is committed,

(5)

3C0 Pastures Protection Act.

^ ' (5) Where in any fonn or document used after the

Forms under Commencement cf this Act reference is made to the pro­

visions of any 'enactment repealed by this Act the reference shall be deemed to be a reference to the corresponding provisions (if any) of this Act.

Eefercnccs

to repealed	(6) Where in any Act, ordinance, regulation, or by-law reference is made to the provisions of any enact­ ment repealed by this Act such reference shall be deemed to be to tlie corresponding provisions (if any) of this Act.
Acts.
Lialdlities	(7) The repeal of any enactment by this Act shall Crown or the remedies for the enforcement thereof.
under
incurred	not affect any liability of a board or other person to the

For

repealed

enactments.	the purpose of recovery of the amount duo, any such liability shall be deemed to have been incui'rcd under this Act.
(8) The provisions of subsections one, two, three and four of section one hundred and five of the Pastures Protection Act, 1912, as amended by the Pastures Pro­ tection (Amendment) Act, 1918, and the Pastures Protection (Amendment) Act, 1920, shall as from the date of the commencement of the Pastures Protection (Amendment) Act, 1920, be deemed to have applied and to have been in force in the pastures protection districts enumerated in the notification in the Gazette dated the eighth day of Decennher, one thousand nine hundred and twent}', and ])ublished on the seventeenth day of Decem­ ber, one thousand nine hundred and twenty, and shall apply and be in force in sucli ])astures protection dis­ tricts until altered by notice in tlie Gazette or until the commencement of this Act, whichever shall first happen, but this subsection shall not affect any legal proceedings liending at the date on which this subsection takes effect.
This subsection shall take effect on whatever date this Act is assented to by or on behalf of Ilis Majesty.

Inter-	4.	In this Act, unless the context or subject-matter
pretatiou.

Ko. 35, otherwise indicates or requires,—

inia, 3.4.	“ Boai'd ” means the pastures protection board for any district constituted or continued by or under this Act.
" Brand ” means a fire or colour brand on any sheep.

“ Carrier”

Pastures Protection Act.

No. 35, 1934.

Carrier ” means anj'- ])crson engaged in the trans­ port of goods on any public road for fee or reward.

Cattle ” means any bull, cow, ox, heifer, steer, or

calf.

Central Division ” has the meaning given to tlie

expression in the Crown Lands Acts.

Colour brand ” means any brand made by means

of pitcb, tar, paint, or any pigment.

Crown lands ” means crown lands as defined in

the Crown Lands Consolidation Act, 1913.

Crown T.ands Acts ” means the Crown Lands (Ion solidation Act, 1913, and all amending Acts, and includes the Closer Settlement Act, 1904, and all amending Acts, and the Keturned Soldiers Settlement Act, 1916, and all amending Acts.

District ” means any ])astures protection district constituted or continued by or under tliis Act.

District Surveyor ” means a district surveyor a))]H)inted for the purposes of the Crown Lands Consolidation Act, 1913.

Dog-proof,” see “ Rabbit-iiroof.”

Earmark ” means a mark cut out of the ear of a

sheep.

Eastern Division ” has the meaning given to the expression in the Crown Lands Acts.

Fire brand ” means any brand made by means of

heat.

Holding ” moans any land or collection of adjacent lands constituting and worked as one propertj' whether or not hold under the same title or different titles or titles of different kinds and whether in the same pastures protection district or not.

Horse ” means any horse, mare, gelding, colt, filly, foal, ass, or mule.

Inspector ” means the inspector of stock for the district.

Large stock ” means horses, cattle, and camels.

Jjocal land board ” means local land board as

constituted and defined under the Crown

Lands

352                 Pastures Protection Act.

No. 35, 1934.

Lands Acts, and in relation to tlie Western Division means local land board constituted and defined under the AVestern Lands Acts.

Marsupial ” includes any kangaroo, wallaroo, wallaby, or paddymelon.

“ Marsupial-proof,” see “ Eabbit-proof.”

“ Native dog ” includes any dingo or any dog what­

ever which has become wild.

“ Occupier ”

(a)	means the person for the time being en­ titled to the possession of any land, and except for any purpose of this Act relat­ ing to the obligation to pay any rate, expenses or contribution, includes where the person so entitled does not reside an the land, his resident manager or other person in charge of the land: and
(b)	for the purposes of Part ÂI includes the Rural Bank of New South Wales, and the occupier or caretaker of any public watering-place, and the council of any area under the Local Government Act, 1919.

“ Owner ” when used in reference to land means:—

(a)	the holder, or the holder subject to mortgage, of any lease or license or promise of any lease or license from the Crown;
(b)	the holder, or the holder subject to mortgage, of any purchase, whether conditional or otherwise, from the Crown, or a homestead selection or homestead
grant; _ ^
(c)	the person entitled at law or in equity to an estate of freehold in possession in any land granted by the Crown for other than public purposes; or
(d)	the person in whom is vested any land taken or appropriated under authority

■ of any statute authorizing land to be taken or appropriated for tlio purpose of any private undertaking.

“ Permit

Pastures Protection Act. 353

■“ Permit officer ” means any person ap)iointod for the purpose of issuing permits for stock to travel. . '

Prescribed ” means prescribed by this Act or by the regulations.

■	“ Private holding ” and “ private land ” mean resiiectively a bolding and land not including or being public land.
■ “ Proprietor,” when used in reference to a brand, means the person in whose name the brand is for the time being registered.

Public land ” mc'ans 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 authorizing 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 subject of any dedication or per­ manent reservation for public uses or purposes, not being for a road (whether the land has or has not been granted or contracted to be granted for the said uses or purposes).

Public road ” or ” road ” means any land pro­ claimed, dedicated, resumed, or otherwise pro­ vided as a public thoroughfare or way or any land defined, reserved, or left as a road in any subdivision of Crown lands, and for the pur­ poses of Part IV includes, in addition to the above, any road which has been ordinarily used for three years at least by the public.

■

“ Public watering-place ” means any reserve de­ clared or deemed to be declared to be a public watering-place under this Act.

■	“ Eabbit-proof,” “ marsupial-proof,” and “ dog- proof,” as applied to fences, shall mean respec­ tively fences or fencing of the kind prescribed under this Act.
ir	“ Registrar

354                 Pastures Protection Act.

No. 35, 1934.

“ Kegistrar of Brands ” means the Registrar of Brands appointed under the provisions of tlio Registration of Stock Brands Act, 1921, as amended by the Registration of Stock Brands (Amendment) Act, 1923.

“ Regulations ” means regulations for the time being in force under the provisions of this Act.

“ Scalp ” means the head or a portion of the skin of the head to which both ears are attached.

̂ “ Sheep ” includes rams, ewes, wethers, and lambs.

“ Stock ” means cattle, horses, sheep, and camels.

■ “ Teamster ” means the person for the time being in charge of any team of working large stock.

; “ Travelling stock ” means stock driven or carried by rail or otherwise on land or by air or by water while not being used by the owner for transport purposes.

“ Travelling stock reserve ” or “ reserve ” means any travelling stock route, camping place or reserve for a camping })lace, reserve for travel­ ling stock, water reserve, reserve for access to or crossing of wmter, or reserve for the use of teamsters, notified, reserved, or dedicated for any one or more of such purposes under tho provisions of tho Crowm Lands Acts or tho IVestcrn Lands Acts, the notification, reserva­ tion, or dedication of which has not been revoked at the commencement of this Act, and any public watering-place.

“ Western Division ” has the meaning given to that expression in the Crown Lands Acts.

“ Western Lands Acts ” means the Western Lands Act of 1901, as amended by subsequent Acts.

“ Western Lands Commissioner ” means the Western Lands Commissioner appointed under the Western Lands Acts.

“ Working large stock ” means large stock in use for purposes of transport.

PART

Pastures Protection Act. 355

Wo. 35, 1934.

PART ir.

P a s t u r e s PROTECxroN D is t r ic t s a n d B oards .

5 . (1) The Governor may by proclamation published Constitution

in the Gazette constitute pastures protection districts. protection

The Governor may in like manner revoke or vary any such proclamation and any proclamation constituting a u.5. ’

’

pastures protection district made under the provisions

of the Acts repealed by this Act.

(2) Where tho boundaries of a pastures protection

district have been altered a reference in any instrument to such district shall be deemed a reference to such dis­ trict as altered.

6 . (1) There shall he a pastures pi’otection board for Board, each district ivhieh shall consist of eight directors.

(2) The first general election of directors under this Act shall bo held on such date in tho month of April in the year one thousand nine hundred and thirty-seven as shall be ajipointed by the Minister and notified in tho Gazette.

(3) A general election of directors shall be held in the month of April in the year one thousand nine hundred and foi'ty and in each third year thereafter. The date of each such general election shall be appointed by the Minister and notified in the Gazette.

(4) The date ajipointed by the Minister for the holding of any general election shall be a date not less than four iveeks after tho date upon ■which the notification is published in tho Gazette.

(5) The directors elected at any such general election shall take office upon the first day of May in the year in Avhich tlie general election is held and shall cease to hold office upon the thirtieth day of April in the third year thereafter, but shall be eligible for re-election if otherwise qualified.

(6) Where no proper election of directors or of any director takes place upon the date appointed for the holding of a general election the Minister may cause an election to be held on a date to be appointed by him and notified in the Gazette or he may appoint the necessary number of persons eligible to be elected to be directors.

^ (7)

35C Pastures Protection Act.

■	‘ —L. ■	(7) The first moetiug of a board shall be held Avithin one month after the election of directors.
At such meeting and in the corresponding month of each succeeding year the hoard shall elect one of its members to be chairman and another to be deputy- chairman.
.

■ A chairman or deputy-chairman shall hold office untit

■ his successor is elected.

The office of chairman, or deputy-chairman, shall—

(a) commence on the day of his election thereto; (b) become vacant on the day of tho election of his

’

successor or on the occurrence of an extraordin­

ary vacancy in such office.

AVhere an extraordinary vacancy occurs in tho office of chairman or deputy-chairman a successor shall be elected to hold office for the remainder of tho term.

In tho absence of a chairman and deputy-chairman

from a meeting of the board the directors present shall

elect one of their number to be chairman for the meeting.

(8) Four directors shall form a quorum.

(9) The Minister may determine the toAvn at which

a board shall have its headquarters.

(10) Boards shall meet at least once every month unless otherwise approved of by the Minister.

(11) A deputy-chairman may act in the office of chairman during such time as 'the chairman is prevented by absence, illness, or otherwise from performing any duty of his office.

While so acting the deputy-chairman shall have the powers, authorities, and duties of the chairman.

Yacancj in 7 . The Governor, after such open inquiry as he thinks

office. proper, may by proclamation published in the Gazette

No. 35,1912, sufficient cause remove any director.

Extra­	8 .	(1) An extraordinary vacancy in the office of a
ordinary

yacancy.

director, chairman, or deputy-chairman shall occur if the

person elected or appointed thereto—

(a) dies; or

(b)	resigns his office by Avriting under his hand directed to the secretary of the board; or
(c)	is absent without lea\’e of the board from three consecutiA^e meetings of the board; or

: (d)

Pastures Protection Act. S57

<̂0. 35, 1934.

( d )	is convicted of a felony or misdemeanour; or
( 0 )	becomes an insane person or patient or an in­ capable person within the meaning of the Lunacy Act of 1898; or
( f )	ceases for any reason to hold office before tho day on which the office would ordinarily become vacant.

(2) If any director, chairman, or deputy-chairman hecomes bankrupt vltbin the meaning of tho law in force for tho time being relating to bankrupts, or if he com­ pounds his affairs with his creditors, he shall thereby cease to hold office, but shall be eligible for re-election if not otherwise disqualified.

(3) An election to fill an extraordinary vacancy in the office of a director shall he carried out and con­ ducted as prescribed, and the voting shall be by post.

On tho occurrence of an extraordinary vacancy in tho office of a director during the last six months of a board’s term of office, tho Minister may, on the application of tho hoard, order that no election of a director shall he held, but, notwithstanding the making of any such order, the Minister may subsequently on the like application order the holding of an election for the purpose of filling such vacancy, and an election shall he held accordingly on tho date approved by the Minister.

(4) A person elected to fill an extraordinary vacancy shall bold office until tho time when his pre­ decessor’s term of office would have expired and no longer, but shall be eligible for re-election if otherwise qualified.

(5) Where no proper election takes place within two months of the occurrence of an extraordinary vacancy the Governor may appoint a person eligible to bo elected to fill the vacancy.

9. The board may allow to any director travelling and Travelling

hotel expenses as prescribed.

No fee or other paj^ment shall be allowed or made to g.s. '

any director unless in accordance with the regulations.

10. (1) On the proclamation of a new district the Uoiiof

Minister shall, as soon as iiossible, prepare a roll or rolls

showing the names of all persons entitled to vote at the

'

election for directors, and thereafter the secretary of tho

board shall keep every such roll revised to date.

(2)

2L8	Pastures Protection Act.
JUr. 35, 1934.

(2) Pending the election of a board for tlio

now district, the Governor may authorise some person or persons to exercise within tho now district such powers of the board or the chairman as may bo necessary or convenient to be exercised prior to the election.

(.3) Any expenses incurred under this section shall be paid or reimbursed out of tho Pastures Protec­ tion Fund.

Division of	11.	(1) The Minister shall by notification published
districts.

No. 3,-i, 1912,	in the Gazette, divide each district which has not been
s. 10.	exempted from the operation of this subsection into four divisions, and may in tho like manner alter the bound­ aries of any such division.
Any such alteration shall not take effect for tho pur­ poses of an election to fill an extraordinary vacancy cccurring before tho next ordinary general election.
(2) Tho INIinistcr may, on the application of a board whose district is situated within the Western Ifivision, by notification published in the Gazette exempt the district from the operation of subsection one of this section.
Where the district of any such board has been divided into divisions the Governor may. on the like a])pUcation by the same or a sniiseqnent like notification, cancel such division.
(3) Where a district is divided into divisions, two directors shall be elected for each division.
(4) The board shall prepare separate divisional rolls for each division and where a district is not divided into divisions a roll for tho district as a whole.
The board shall place on such rolls the names of persons qualified for enrolment thereon in respect of land within the division or district.
The rolls shall be kept revised to date by the secretary of tho board.
(5) Any poi son so qualified holding land compris­ ing one holding which is ]iartly within one division and partly within another shall be entitled to be enrolled for the division in which is situated the greater ])art.
(6) Any person so qualified holding land in more than one division not being part of the same holding shall be entitled to be enrolled for each dmsion.

. (7)

Pastures Protection Act. 359

Mo. 35, 1934

(7) 'Where any district has been divided into

divisions no person shall bo eligible for election for a division unless his name is on the roll for the division and unless he is otherwise qualified for election or to vote in accordance with the provisions of this Act.

12.        (1) Subject to this Act every occupier of ratable Qualification

land within a division or district shall be entitled to bo

enrolled for such division or district:	m e n t /
Provided that where the occupier is a person for the time being entitled to the possession of any land who does not reside on tlie land the occupier entitled to be enrolled sliall be such person:

Provided further that such person may nominate in Avriting his resident manager or other person in charge

.

of tho land to bo the occupier for the purpose of this

section.

( 2 ) Every person who at the date appointed in (b) voting;

pursuance of the regulations for the closing of the roll for the division or district for which the election is to be held—

(a) is enrolled for the division or district;

(b) is the occupier of land in respect of Avhich—

(i)  the return required by section thirty-nine of this Act, if any such is required to be made, has been made; and

(ii)  all rates due and payable to tho board have been paid,

shall be qualified to vote at the election if he retains at

the date of the election his qualification to be enrolled.

( 3 ) Every person who at the date appointed for (c) elections

nominations for the election—-

(a) is enrolled for the division or district for which the election is held;

(b) is resident in the district;

(c) is the occupier of land in respect of Avhich—

(i)  the return required by section thirty-niiio of this Act, if any such is required to bo made, has been made; and

(ii)  all rates due and payable to the board have been paid,

shall be qualified for election as a director.

(4)

360                  Pastures Protection Act.

No, 35, f934.

(4) Where two or more persons holding jointly

or in common are the occupiers of ratable land and reside thereon one of such persons shall be enrolled in respect of each ten head of large stock or one hundred sheep carried on the land or estimated by the board to be within the carrying capacity of the land.

The persons who shall be so enrolled shall in any such case be determined by such persons or a majority of them evidenced by an agreement signed by such persons or majority and delivered to the secretary of the board or, failing such agreement, according to the alphabetical order of their surnames or, where the surnames are the same, of their other names.

Election of

directors. 13. The election of directors of tho board shall be

Ko. 35, 1912,	conducted in the prescribed manner and the voting shall
s. 11.	be by post.
Jncorpora-	14. (1) Each board shall be a corporate body under proclamation published in the Gazette, and under such style or title shall have perpetual succession and a common seal, and be capable in law of suing and being sued in its corporate name, and subject to this Act be capable of purchasing, holding, granting, demising, disposing of and alienating real and personal property, and of doing and suffering all such other acts and tilings as bodies corporate may by law do and suffer.
tion.	the style or title directed by the Governor and notified by
Jhid. s. 12.
The validity of any acts of a board shall not he affected by any informality or irregularity in its con­ stitution, and the fact that all or any of the seats on the board are vacant shall not of itself operate to dissolve the corporation.

Power of	(2)	A board may borrow by way of limited over­
Ijoards to

borrow. draft on current account in any bank or banks upon the security of the board’s funds or of any other assets of the board within such limits, to such extent, and for such purposes as may, from time to time, be approved by the Minister.

Duties of	15. Every board—
boards.

Ibid. s. 1C. (a) shall cause proper minute books to be kept of all its proceedings;

. , : (b).

Pastures Protection Act. 361

(Ij ) sliall cause true and regular accouiils to be kept '̂*’’

of all moneys received or paid by it under this Act, and shall give the owner or tho occupier of any ratable land within the district access to such accounts at all reasonable hours;

(e) shall produce for inspection to any person duly authorised in writing by the Auditor-General or by the Minister all its books, accounts, agree­ ments, vouchers, letters, or other documents which may relate to any matter under this Act.

IG. Every board shall, in January in each year, cause Yearly

an account in the prescribed form to be prepared of its

receipts and expenditure for the year preceding under	Xo. 35,
distinct heads, with a statement of the balance.	UU2, s. 17.

Such account shall be duly audited and certified.

A copy of such account shall be published not later

than the month of March next following in one or more

newspapers circulating in the district.

Copies of such account shall also be furnished to the Minister and the Auditor-General.

17. A board shall have power to appear and be represented by counsel, solicitor or agent before a local

Board may

lie repre­

sented by

land board in any matter before such local land board

(ouiiscl

before local

relating to the proposed curtailment or revocation of a

land board.

travelling stock or camping reserve, or to the proposed

Hid. 3. 17a.

closure of any road which affects the interests of travel­

Ko. 40,1918,

ling stock, or to an application for any lease or tho

s. 4.

conversion of any lease of land within or partly within

any such reserve.

18. (1) The Governor may by proclamation published Dissolution

in the Gazette dissolve any board whose district is wholly cf board,

comprised in a new district or wholly distributed among

other districts.

(2) "Where an alteration is made in the boundaries vosting of

of a district or where a now district is created out of poperty,

existing districts, the Governor may from time to time, alteration of

by proclamation published in the Gazette, vest such of 'Ustrieta.

the property, rights, and choses in action of any board

concerned in such board as ho thinks proper, having

regard to the alterations in tho districts and whether tho

Alteration in the districts is made under this Act or in

.. pursuance

362                  Pastures Protection Act.

' iDursuance of any provision of the Acts repealed by this Act, and may also in like manner direct that any liability or obligation of any board concerned shall be assumed by aud enforceable against such board as he thinks proper.

Pastures 19. (1) All subsidies, fiues, penalties, rates, and other moneys received by a board under this Act, except as

No. 35 1912, otherwise in this Act provided, shall form part of a fund

s. 24. ’ to be called the Pastures Protection Fund of the district.

Purposes to	(2) Moneys forming part of such fund may be
which fund

may be applied by the board of the district to—

npplied. (a) the payment of any expenses of or incidental to the election of the board, the execution by the board of its powers, authorities, duties and functions under this Act, or to the payment of any costs or expenses incurred in accordance

’ with the provisions of this Act; and

(b) any other purpose approved by the Minister or which may be prescribed.

Special	(3) The Minister may grant permission to a board to open a special fund in the board’s name other than those specified in this Act, and such fund shall only be used for the purpose for which it is opened. Where a board certifies to tlio Minister that such pur]iose has been fully accomplished, the Minister may allow any balance of such fund to be transferred to the Pastures Protection Fund of the board.
fund.
(4) The accounts of tho board shall be audited annually and not later than the twenty-eighth day of February in each year by an auditor or auditors in the manner prescribed.
Each such auditor shall be a person who possesses the prescribed qualifications or who in accordance with the regulations is approved as an auditor by the Minister.
(5) The Minister may cause the accounts of a board to be audited by the Auditor-General or some person authorised by him. The expenses of the audit to tho extent required by the Minister shall be paid out of the Pastures Protection Fund.

Pastures Protection Act. 3G3

20. Tlie board for each district shall in each year pay to tho Colonial Treasurer three per centum of its Board to —1— '

gross revenue to cover the cost of administering this	part of cost.
Act. Payment shall he made at the time prescribed.	Ko. 35, 1912,
s. 20.

21. The Governor may appoint inspectors of stock, inspectors.

Any such inspector may be appointed for any one or more districts.

An inspector shall be under the control of the Minister and shall bo paid such salary and allowances as may be determined in accordance with law or as he may from time to time determine.

Where an inspector is appointed for one district only the board shall jiay his salary and allowances out of the Pastures Protection Fund, but, with the approval of the Minister, may pay a proportion of such salary and allowances from any other fund.

Where an inspector is appointed for two or more districts the boards of such districts shall pay his salary and allowances out of their said funds in such pro­ portion as tho Minister may decide.

An inspector shall for the purposes of the Workers’ Compensation Act, 1926-1929, bo deemed to be an employee of the lioard which pays his salary, and where he is i)aid by the l)oards of two or more districts he shall bo deemed tlie employee of such district as the Minister directs, but the other district or districts shall contribute in such amounts as the Minister directs towards the cost of the insurance.

The Crown shall contribute one-half of the cost of insurance under the Workers’ Compensation Act, 1926-1929, in respect of each inspector.

22. In the case of the suspension, illness, or absence Temporary

of an inspector, the Minister may appoint some qnalitied inspector,

person to exercise the powers and to discharge the duties

of. such insjiector during such suspension, illness, or

absence, at such salary and allowances as the Minister

may determine.

Such salary and allowances and any premiums or contributions jiayable in respect of such- person shall be [laid by the board or boards out of the fund or funds as in the case of the appointment of an inspector.

The

364                  Pastures Protection Act.

No. 35, I . board or boards may, with the consent of the JMinister, discontinue the payment of the salary and allowances of an inspector suspended or absent from his duties.

Permit 2 3 . (1) The Minister may appoint permit officers for

officers. purpose of issuin'? permits for stock to travel and (2) The board for the district for which any permit officer is appointed may pay such officer such fees or commission as are prescribed. Any fees or com­ mission so payable shall be paid out of the Eeservcs Improvement Fund of the board.

No. 35,1912, t n o i

8. 14a .	niay annul any such appointment.
N o.25,1920,

Other 2 4 . (1) The board may appoint a secretary and other

officers. . ̂ officers and pay them out of the Pastures Protection

^ 15 "̂’’

Fund, and, with the approval of the Minister, may pay a

proportion of their salaries from any other fund.

Every such appointment and the salaries to be paid shall be subject to the approval of the Minister.

Such secretary and other officers shall be under the control of the board and subject to dismissal at any time by the board or the Minister.

(2) When making any appointment of a secretary

or any other officer the board shall, other things being equal, give preference to an applicant, if any, who is a returned soldier or sailor within the meaning of the Returned Soldiers and Sailors Employment Act, 1919.

PART III.

R a t e s .

Board to	2 5 .	(1) The board shall in each year make and levy
levy rate.

a rate on the occupiers of all ratable land in the district.

(2) The rate shall in each year bo made by

resolution of the board not later than the date prescribed,

and shall be levied by the service of a rate notice.

(3) Rate notices shall be issued within the prescribed time after the making of the rate.

M'licre the return of land and stock required by this Part has not been furnished within the prescribed time in respect of any land, tho rate notice may be issued at any time.

2G.

Pastures Protection Act. 365

26. If for any reason any rate is not made within ----

rate and may authorise the doing by the board of such acts as may be necessary to cure the irregularity, and to validate the rate.

or by the time jirescribed under this Act, or if any irregularity,

irregularity in making or levjdng the rate affects, or A ctN o.4i,

may be considered to affect the validity of any rate, the

27. (1) Every rate shall be due and payable to and Liability recoverable by the board on the expiration of thirty^-one

days after service of the rate notice.	I 143! ’
(2) Any occupier of ratable laud may apply to tho board for a rebate of rate in accordance with this section.
(3) The board shall grant a rebate of one-half of the amount of the rate levied in respect of any holding or portion of a holding—-

(a)	on tho external boundaries of which there is a fence which, in the opinion of the board, is rabbit-proof; and
(b)	which, in the opinion of the board, has been kept reasonabl}' free from ralibits during the period of twelve months ending on the thirty-first day of December immediate!}^ preceding the year for which the rate is made.

Any fence which, in the opinion of the board, is suffi­

ciently a])proximate to any boundary shall bo deemed to

be on such boundary for the purposes of this subsection.

(4) A rebate granted under this section shall not

be deemed to be a remission or refund of a rate or part

of a rate for the purposes of section thirty-four of this

Act.

(5) Every rate shall, subject to this Act, bo paid ct ibid.

to the board by the occupier of the land in respect of s. 144.

which the rate was levied.

(()) Where two or more persons holding jointly ct.iUd. or in common are the occupiers of ratable land sucli ^̂ 7,	'
persons shall bo jointly and severally liable to the board for ihe rate, but as between themselves each shall only bo liable for such ])art of the rate as is proportionate to his interest in the land and the stock.

366                  Pastures Protection Act.

No. 35, 1934.

If any of such persons pays to the board more than

cf. Act

his proportionate part, he may recover the excess by way

of contribution from the others.

(7) Where the name of the occupier liable to pay

the rate is not known to the board, it shall be sufficient to rate such occupier by the designation of “ occupier” without stating his name.

Liability	2 8 . (1) Where a person ratable as an occupier ceases
estate or

where an	to he the occupier of any land in respect of which a rate
interest is	is payable, he shall nevertheless continue liable to the
transferred.	hoard for the rate to the same extent as if he had con­

cl. Ibid, ,

s. i ts .

tinued to be the occupier of the land, provided that the

rate is levied either—

(a)	before he ceases to be the occupier of the land; or
(b)	before the board has received from him the prescribed notice of his ceasing to be the occupier of the laud.

(2) If any occupier who ceases to be the occupier of any land in respect of which a rate is payable pays to the board any rate in respect thereof which is levied after he has ceased to be the occupier of the land and before the prescribed notice of his so ceasing has been received by the board, he may recover the amount from any person who thereafter becomes the occupier of the land.

(3) As between successive occupiers of ratable land every rate shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly.

Liability of	2 9 . (1) A person who becomes the occupier of any
person

becoming

land, notwithstanding the fact that he becomes tlio

occupier,

occupier after the rate was levied, shall be liable to the

8.149 (1).

cf. Ibid.

board for the current rate and for all arrears of the rate

owing by any previous occupier in respect of the land.

cf. Ibid. (2) Any person may apply for a certificate under

?. IGO (1)

this section as to tho amount (if any) due or payable

(-3).

to the board by the occupier of the land, for I’ates or

otherwise.

Application

Pastures Protection Act. 3G7

Application for the certificate shall be made in writing, and shall state the name and address of tho applicant, and the particulars of the land in relation to the occupier of which the information is required. _1_

(3) The production of the certificate shall for all cf. Act

purposes be deemed conclusive proot in tavour ot a g. loo (4>,

person who becomes an occupier that at the date thereof

no rates, charges, or sums otlier than those stated in the

certificate were due or payable to the board in respect of

tho land.

( 4 ) For the purposes of this section rates, e f . i i i d .

charges, or sums of money shall be deemed to be due or payable notwithstanding that the requisite period after service of any notice may not have expired.

(5) If the occupier of any land pays to the board cf.ivia.

any rate in respect thereof which was levied before he became the occupier of the land, he may recover a pro­ portion of the amount from the person who was liable to the board for the rate at the time the rate was levied.

30. ( 1 ) Subject to tho provisions of this Act, the rate Amount

shall be calculated in accordance with the number of stock owned by the occupier and on the land on the thirty-first day of December immediately preceding the year for which the rate is made, including stock so owned wliicli were travelling to or from the said land and stock which have been removed from that land on agistment.

Where, however, tho one occupier is ratable in respect of more than one holding any travelling stock or stock on agistment shall be taken into account in respect of one <jf such holdings only.

(2) If, in the opinion of the board, the number of stock referred to in subsection one of this section is less than the carrying capacity of the land, the rate shall be calculated upon the carrying capacity of the land as determined by the board in the prescribed manner.

(3) Where land has during the calendar year preceding the making of the rate been used solely or mainly for agricultural purposes, the carrying capacity shall be calculated upon tho basis of not more than one sheep to one acre of the land.

For

368                  Pastures Protection Act.

No. 35, 1934,

For tlie purposes of this subsection agricultural pur­ poses shall include fallowing, but shall not include tho growing of crops or grasses for pasture.

(4) Tho rate shall not exceed fourpence per head

in the case of large stock and two-thirds of a penny per

head in the case of sheep.

Ratable 31. (1) The occupier of land within a district—

land.	(a)	on which land there was on the thirty-first day of December preceding the year for which tho rate is made one hnndred sheep or ten largo stock or more; or
(b)	the carrying capacity of which land is one hundred sheep or ten large stock or more,

shall be ratable, and the land is referred to in this Act

as ratable land.

(2) Where there was on the said date both largo

stock and sheep on any land but the number of large stock was loss than ten aud the number of sheep was less than one hundred, the board may, for the purpose of ascertaining whether the occupier of the land is ratable and of calculating the rate payable in respect of such land, reckon one head of large stock as equal to ton sheep and ten sheep as equal to one head of large stock.

Determina­	3 2 . For the purposes of this Act the carrying capacity of the board, could have been depastured on the land during the five years immediately preceding the year in which the determination is made.
tion of
carrying	shall be the average number of stock which, in the opinion
capacity.
Appeal.	3 3 . (1) Where the occupier of any land is dissatisfied with the determination of the board as to the carrying capacity of any land other than land used for agi’icul- tural purposes, he may within thirty days after service of the rate notice, appeal against such determination to the local land boarcl of the land district in which the land or the greater part thereof is situate, or, if the land or the greater part thereof is within tho Western Division, to the local land board for the administrative district in which the land or tlie greater part thereof is situate.
The manner of appeal and the fees to bo paid thereon shall be as prescribed.

(2)

Pastures Protection Act, 369

(2) On any sncli appeal the local land board shall have jurisdiction to hear and determine the appeal, and may make sndi order for the payment of the costs of the appeal by the a])]dicant or the board as seems just in all the circumstances of the case.

Any costs so ordered to he paid may he recovered as a debt in any court of competent jurisdiction.

(3) The decision of the local land board shall bo final, and the rate shall be calculated in accordance with the carrying capacity as so determined.

(4) The rate shall be pajmble on the due date notwithstanding that an appeal has been lodged.

(5) Subject to this section the determination of the board as to the carrying capacity shall be final.

34. (1) The board may, with the approval of the Kemissioa

Minister, but not otherwise, remit or refund any rate ô 'rate.

or part of a rate paid or payable under this Part of this

Act.

(2) The Auditor-General may authorise a board to write off any amount owing to it whether for rates or otherwise if he is satisfied that such amoiint is irre­ coverable.

35. (1) Every rate shall be entered in a rate-book Eate-bcok.

which shall be kept in the prescribed form and manner. (2) The board may, in the prescribed manner, cf-AetNo.

-

make or cause to be made such amendments and may supply or cause to be supplied such omissions in the entries in the rate-book as may be necessary.

(3) Except in the case of an amendment rendered necessary by an appeal, and except in the case of formal amendments, an amendment of tb.G rate-book in respect of the occupier of any holding shall be deemed to be a determination by the board of the amount so payable under a rate by such occupier in respect of the holding.

(4) In any proceedings for the recoverj^ of any

rate-

(a) an entry in the rate-book, the entry being one of a series prescribed to be made, shall be evidence of the matters therein recorded; and

(b)

370              Pastures Protection Act.

■ (b) a copy of an entry in the rate-book, the entry being one of a series prescribed to be made, shall be evidence of the entry and of the matters therein recorded.

racilitation

3 6 . In any proceedings for the recovery of any rate, Any occupier desiring to object to the validity of the rate may subject to section twenty-six of this Act object to such validity in such court and in such manner and upon such conditions and subject to such fees as may bo prescribed.

of recovery.

objection to the validity of the rate shall not be allowed

nor avail to prevent the recovery of the rate.

Overdue	3 7 .	(1) Overdue rates shall be increased in aecordanco
rates: extra

charge,	with this section.
cf. Act No.
41,1919,	(2) If the rates are unpaid at the expiration of three months from the date when the same became duo and payable, the amount due shall be increased by a sum calculated at the prescribed rate per centum per annum, and the increase shall be deemed to be part of the rates.
s. 158.
(3) The calculation under the last preceding subsection shall be made in respect only of as many complete months as have expired between the due date and the date of payment, excluding any remaining portion of a month.
(4) If in any case the percentage is loss than threepence, the increase shall be threepence.
(5) This section shall apply as from the com­ mencement of this Act to rates levied under the Acts hereby repealed.
(G) This section shall continue to apply to all unpaid rates notwithstanding that judgment may have been obtained in any court, including the district court.

Eecovory 3 8 . (1) All rates due and payable by the same person,

of rates.

'whether in respect of his occupation of the same or of

different land, may bo recovered in one action or suit.

(2) Where the proceedings are taken in a district

court or in a court of petty sessions, the proceedings may bo taken in the court for the district in which any of the land occupied is situated, or in the court nearest to the

olliee

Pastures Protection Act. 371

office of the board, or to the residence of the defendant,

‘

as the board may decide, whether the rates are in respect

of land occi;pied in the same or in different districts.

(3) Nothing in this section shall preclnde the

taking of separate proceedings, or the taking of proceed­ ings in any district court or court of potty sessions avail­ able under the provisions of tlie District Courts Act, 1912, or the Small Debts Recovery Act, 1912-1933.

39. (1) Every occupier of land and every owner of Returns of

stock shall, unless exempted by the regulations, furnish

to the secretary of the board not later than the prescribed AetNo

date in each year a return in or to the effect of the 55, 1912,

prescribed form of his land and stock including stock

travelling to or from the land and stock on agistment as

at the thirty-first day of December in the year immediately

preceding the making of the return.

(2) Any person who—

(a)	being liable to furnish such a return fails to do so on or before the prescribed date; or
(b)	furnishes a return containing any incorrect or misleading information,

shall be liable on summary conviction to a penalty not

exceeding twenty pounds.

40. IVhere any holding-is situate partly in two or Holdings in

more districts it shall be deemed for the purposes of this tyo

Part, of Part VI, and of Part VIII, to be wholly situate	'	'
within the district in which the greater part lies.
If the parts arc erpial the part upon Avhich the main residence is, shall for the purposes of the section be deemed the greater part.

PART

372                  Pastures Protection Act.

No. 35, 1934.

PART IV.

T r a v e l l in g S t o c k a n d T r a v e l l in g S t o c k

AND C a m p in g R e s e r v e s .

Control of	41.	(1) Every travelling stock reserve, camping
travelling

stock and	reserve, or part thereof under the control of a board at
camping	(he commencement of this Act or placed under the
reserves	control of a board pursuant to this Act, shall remain under the control of (he board until the reserve or part is withdrawn from such control in pursuance of the provisions of this Part.
No. 35,1912	(2) The Minister for Lands may from time to time by notification published in the Gazette, place under the control of the board therein specified any travelling stock reserve, or camjiing reserve, or part thereof, except so far as any such reserve or part thereof is within a State forest or is within the Western Division.
8. 26a (1).
Where any such reserve or part thereof is held under a lease other than an annual lease or occupation license under the Crown Lands Acts, it shall not be placed under the control of the board until the lease is terminated in pursuance of such Acts.
(3) A board shall have the general management, maintenance, and control of any reserves or parts thereof which are under its control, and shall take proper measures to protect such reserves or parts thereof from trespass and to suppress and destroy noxious animals, and to improve such reserves by clearing scrub, noxious weeds and plants, ringbarking, felling, suckering, fencing, providing water and in such other manner as the interests of travelling stock may require.
Ringbarking, felling, or destruction of growing timber shall not be commenced without the concurrence of the Forestry Commission.
Timber felled shall not be used by a board except for the purpose of effecting improvements as aforesaid.
Nothing in this section or in the Forestly Act, 1916­ 1933, shall render a board liable to pay royalty for timber felled or so used.
Nothing in this Act shall prevent the Forestry Commis­ sion, with the concurrence of the board, issuing licenses to cut or remove timber under the provisions of the Forestry Act, 1916-1933.

Such

Pastures Protection Act. 373

Sucii licenses shall contain such conditions as the Com- mission think desirable, including a condition providing for the lopping and stacking of heads of trees and debris.	‘
(4) "Where the Minister for Lands considers that a board has not taken or is not taking proper measures to protect or improve a travelling stock reserve or camp­ ing reserve under its control or to suppress and destroy noxious animals thereon, he may in writing notify such board to that effect; and if, after a period of three months from the date of such notice, such Minister still considers that the board has not taken or is not taking proper measures as aforesaid, he may take such measures as he may deem proper to protect and improve such reserve, and may recover the cost thereof from such board in any court of competent jurisdiction,
(5) "Where any such reserve or part thereof which is under the control of a board is held under annual lease or occupation license, the Minister for Lands may, not­ withstanding anything to the contrary in the Crown Lands Acts, cancel such lease or license, as to the part of the land included in the reserve, upon giving three months’ notice to the lessee or licensee, and upon the expiration of that period the lease or license shall to that extent be terminated.

4 2 .

under the control of a board, is not required in the in­

terests of travelling stock, the Minister for Lands may reserves,

with the consent of the board, withdraw such reserve or

part thereof from the control of the board.

(1) "\"\diere any reserve or part thereof, which is AVithdrawal

"Where the board declines or omits to give its consent the reserve or part thereof shall not be withdrawn from the control of the board unless such withdrawal has been approved by resolution of both Houses of Parliament and if so approved the board shall be deemed to have consented to the withdrawal of the reserve or part from its control,

(2) The Minister for Lands may withdraw from No. 35, 1912,

any such travelling stock or camping reserve any lands e-26b.

required as sites for towns or villages or for any public

purpose other than for settlement under the Crown Lands

Acts.

(3)

374                  Pastures Protection Act.

No. 35 1334.

(3) The board shall be entitled to compensation for any improvements effected by it on sncb lands, and such compensation shall not in any case exceed the cost of such improvements.

(4) Where the Minister and the board fail to agree in regard to the amount of compensation the amount shall he determined by the local land board.

(5) Any withdrawal under this section shall be effected by notification published in the Gazette.

Kn!c on	4 3 .	(1) The Governor may by the regulations impose
ti avolling

stock.	a rate upon all travelling stock which travel along or over travelling stock reserves or camping reserves or roads for which under the provisions of this Act a permit or renewed permit is required.
(2) Such rate shall not exceed in respect of each ten miles of the journey, in the case of sheep, tenpenco per hundred head, and in the case of large stock, one shilling per twenty-five head.
For the purposes of this section anĵ ' number of sheep less than one hundred shall be regarded as one hundred, any number of large stock less than twenty-five shall bo regarded as twenty-five, and any number of miles less than ten shall be regarded as ten.
(3) The rate shall be collected by the board or the officer Avho issues the permit or renewed permit at the time of the issue of the permit or rencAved permit and disposed of in the manner prescribed.

(4) The board may reco\mr as a debt in any

court of competent jurisdiction from any person whose stock traA’els without a permit or reneAved permit such amount as would have been payable as a rate upon the issue of a permit or renewed permit for the journey traAmlled by such stock.

(5) The regulations may prescribe different rates to be collected by or on behalf of the boards of different districts and may prescribe exemptions from the rate and cases in which the rate may be waived or modified by the board.

(G) No such rate shall be collected in respect of

any journey, or part of a journey, travelled within the

Western

Pastures Protection Act. 375

Western Division until after a date to be appointed by the Governor and notified by proclamation published in the Gazette.

(7) Where travelling stock travel on a journey in respect of the part of which within the district where

the permit or renewed permit is issued no rate is payable,

a permit fee not exceeding sixpence may be charged for	^
the issue of the permit or renewed permit, in addition to the rate (if any) payable in respect of any part of the journey travelled in any other district.

44. (1) The Governor by the regulations may Fee on

authorise every or any board to collect a fee on all work­

ing large stock used by a teamster or carrier on any	*
travelling stock reserve in its district under a license from the board, and such regulations may prescribe different fees for different districts.
(2) Such fee shall not exceed two shillings per quarter or part for every head of working largo stock with a minimum fee of one pound per quarter.
(3) Any such license shall remain in force for one quarter, and shall be subject to the prescribed con­

ditions and such other condition as the board may in a	.
particular case think necessary.

(4) A board may grant permission to a drover Fee on

to place working largo stock used by him in his occupa- ‘i'O'prs’	stock.
tion as a drover on any travelling stock reserve in the district for a period specified in the permit on payment of tlie prescrilied fee which shall not exceed two shillings per head per month.

45. A board may from time to time in the manner Grazing

and subject to the limitations prescribed, grant permits to graze over any travelling stock reserve, or camping reserve, or part thereof under the control of the board for a period not exceeding one year or such greater period as may in a particular case bo approved by the Minister, subject to such rents, terms, and conditions as may be imposed by the board.

46. A board may grant permits to use a portion of rermits for

any travelling stock reserve or camping reserve under ' ‘

’

its control as an apiary for any period not exceeding in

each case one voar and may renew anv such permit.

‘ “ . No

376                  Pastures Protection Act.

No. 35, 1934.

No building shall be erected on such portion without the consent of the board.

The permit shall be in such form and subject to such

fees, terms, and conditions as may be fixed by the board.

Reserves

Improvement	4 7 . All moneys received by any board under any for any offence against the provisions of this Part, shall be carried to an account in its books to be called the Eeserves Improvement Fund.
Ko. 35, 1912,
Fund.	provision of this Part, and all fines received by a board
s. 2Cc (2).
Use of fund.	Sucli fund shall, after deduction of the cost of collec­ tion of such moneys and the cost of necessary super­ vision, be used—

(a)	in carrying out the duties of the board in rela­ tion to the reserves under its control;
(b)	for any other purpose approved by the Minister or Avhich may be prescribed.

Permits,	4 8 . (1) Except in such cases and under such con­
travelling

licenses, and	ditions as are prescribed, no person shall move stock
statements.	along any road or travelling stock reserve or by rail or (a) (i) in the case of travelling stock, a permit in or to the effect of the prescribed form for the journey has been issued by a permit officer or other prescribed person; or
Ibid.	by air or by water unless—
ss. 105,106
( 1) .

(ii)  in the ease of working large stock of a teamster or carrier in a district in which a fee may be charged for the use of the travelling stock reserves, a license for the use by the teamster or carrier of the re- sei’ves has been issued; or

(iii)  in the cases in which a travelling statement is required the person in charge has in his possession a travelling statement; and

(b) the prescribed travelling rate, travelling charge, or license fee, as the case may be, has been paid.

(2) A travelling statement shall be required in

the following cases

(a) in the case of large stock being moved not more than twenty miles within one or more prescribed districts;

(b)

Pastures Protection Act. 377

(b)	in the case of sheep or large stock being moved from one run to another of the same owner by the most direct route where such runs are by such route not more than twelve miles apart;
(c)	in the case of sheep or large stock being moved by the most direct route to a contiguous holding.

A travelling statement shall not be required where slock are travelling under an order, permit, or license issued or granted under the provisions of the Stock Diseases Act, 1923.

(3) A travelling statement shall be in or to the effect of the prescribed form and shall be signed by the owner of the stock or his agent in the presence of a sub­ scribing witness.

(4) Application for a permit or a license shall be made in the manner prescribed.

(5) A permit shall cease to be in force if the journey for which it is issued is broken by the detention of the stock for more than six successive days elsewhere than on a road or travelling stock reserve, unless the inspector for the district wlioi'o such stock are so detained has granted ])(‘i'mission for the stock to proceed after such detention and has endorsed the permit accordingly.

(6) Any stock travelled on a travelling statement shall not be again moved within a period of one month after reaching the destination mentioned in such state­ ment except upon a permit.

The regulations may prescribe districts in which this subsection shall not ajipl^y

4 9 . of the arrival of any stock at a destination to which they have travelled under a permit their owner desires to destination remove any of the said stock from such destination to any other, he shall obtain a renewed permit for every ciuirgc. such removiti, for which the owner shall in addition to the travelling rate pay travelling charge at the rate of twopence per luindred sheep or twopence for every ten head of largo stock per mile for the distance to be travelled under the renewed jtermit. (1 ) If at any time within three months from date stock start-

(2) The renewed permit may be issued by and the travelling rale and travelling charge shall bo paid to the inspector of the district in which the stock are, or in his absence, to the chairman or secretary of the board.

(;5)

378                  Pastures Protection Act.

■	(3) Provided also that on the removal by the
owner of any such stock offered for sale at a recognised saleyard a renewed permit shall not be necessary for their return to the place whence they last came.
(4) On the removal by the purchaser of any such stock purchased at a recognised saleyard a renewed permit shall not be necessary and the stock may be moved upon an ordinary permit.

Change of

(5) If any travelling stock are sold on the roads, or if from any sufficient cause the route mentioned in a })ermit or renewed permit cannot be followed, the j^erson in charge may, with the approval of the inspector, chair­ man or secretary of the board for the district, change such route or the destination upon obtaining a renewed permit and paying in addition to travelling rate travel­ ling charges from the point where the change of route begins to the destination mentioned in renewed permit.

route.

The OA\mer shall be entitled to a refund of the travel­ ling rate for the distance not travelled on the original permit or renewed permit:

Provided that where the route mentioned on a permit or renewed permit is one which passes through land quarantined under the ]irovisions of the Stock Diseases Act, 1923, or upon which stock infected within the mean­ ing of that Act have been quarantined, an inspector may order such route to bo changed and in that case no re­ newed permit shall bo necessary nor shall any additional charges be payable in respect of such changed route.

(6) The board for the district may, under any

circumstances which it decides to be special, remit or

waive any travelling charge imposed under this section.

The board may by resolution delegate to the inspector or to the chairman of the board its powers under this subsection and in like manner may revoke any such delegation.

D istrib u tio n (^) When travelling charges are collected under

of trave lling this section and the board decides that they shall not be charges. remitted, such charges shall be distributed between the

boards of the districts concerned in the prescribed

manner.

Pastures Protection Act. 379

5 0 . The person in charge of travelling stock or working large stock shall on demand by an inspector,

No. 35, 1934.

I ’ersons in

eliarge of

permit officer, member of the police force, inspector under

trnvolliiig

stock to

the Stock Diseases Act, 1923, or the occupier of any land

produce

through which or along the boundary road of which such

perm it or sta tem ent.

travelling stock or working large stock may be proceed­

No. :!5, 1912.

ing, produce for inspection the permit or renewed permit

s. lOU (2 ) .

issued for the journey on which the stock are travelling, or the license issued in respect of the working large stock, or any travelling statement, and any other document under this or any other Act, the issue of which or the possession of which by the person in charge of the stock is prescribed as a condition necessary for travelling such stock.

5 1 . Except in such circumstances and in such districts Tnivciiing

as are prescribed, no person shall drive any sheep along

any road or travelling stock reserve unless each sheep is votii letter

legibly branded with an owner’s registered brand and

the capital letter T in Roman character not less than g ios!*'

two inches in height.

Such T brand shall not be used in any manner so as to obliterate or deface a registered brand.

Any person failing to comply with this section shall be liable to :i penalty not exceeding ten pounds.

5 2 . The regulations may provide that any person Travelling

travelling stock along a travelling stock reserve in a pre­

scribed district shall not use any made road on such ro.aas.

reserve for the purpose of travelling such stock unless it

is im}9racticable for him to do otherwise.

5 3 . Any person who, except in such districts as are prescribed, drives or carries stock along any road or	s to ck J.ot to be driven a t
n igh t w ith­
reserve during the period between one hour after sunset	out consent.
and one hour before sunrise without the consent of the inspector or a director of the board first obtained, and the permit, renewed ])ermit, or travelling statement so endorsed, shall be liable to a penalty not exceeding ten pounds.
54 . The person in charge of stock travelling on a permit or renewed permit along any road or travelling	charge of j ’erson in
1 ravelling
stock reserve shall, when the stock enter a district other	n o tify
stock to
than that in which he commenced to travel such stock	inspector.
notify in the prescribed manner the inspector for such	n>i(l. s . 108.

district

380                  Pastures Protection Act.

-1- ’ district that the stock hare entered such district, pro­

vided that in any district that may be prescribed such

, notice shall not be necessary. Any person failing to comply with this section shall be liable to a penalty not exceeding ten pounds.

stock travel­ 5 5 . Except in such districts as are prescribed, no

ling past holding:	person shall drive travelling stock along any part of a
notice to
occupier.	road or travelling stock reserve which—

No. 35,	(a) intersects or adjoins any holding exceeding five
1912,

s. 108. hundred acres in area; and

(b) is not separated from the holding by a fence sufficient to prevent the passage of stock,

unless notice of the intention to drive the stock has been given at the time and in the manner prescribed to the occupier of the holding.

Any person failing to comply with this section shall be liable to a penalty not exceeding ten pounds.

stock un- 5 6 . Any person in charge of travelling stock who

attended on leaves such stock unattended on any travelling stock depositing reserve and any person who deposits any rubbish on a

rubbish.

travelling stock reserve shall be liable to a penalty not

exceeding ten pounds.

Eoute.

5 7 . (1) All travelling stock shall be taken by the renewed permit, or travelling statement which shall be the travelling stock route leading to the place of destina­ tion mentioned in the permit, renewed permit or travel­ ling statement where practicable or if not practicable or if there is no such travelling stock route, then by the most direct road ordinarily used for the purpose of travelling stock to the said place of destination.

m d . s. 107

drover thereof by the route specified in the permit,

(!)■

(2) Any i^erson who moves or causes to be moved any stock by a route other than that specified in the permit, renewed permit, or travelling statement issued for the journey, unless a change of route has been approved in the prescribed manner, shall be liable to a penalty not exceeding twenty pounds.

Bate of

5 8 . (1) When stock are travelling on any journey occupying more than twenty-four hours, the person in charge shall in each successive period of twenty-four

travel.

. hours

Pastures Protection Act. 381

hours, from six o’clock in the morning of one day to six	_i_	’
o’clock in the morning of the following day, cause them to travel towards their destination—

(a)	if they are large stock, a distance of not less than ten miles;
(b)	if they are sheep, or working largo stock work­ ing on the journey, a distance of not less than six miles.

(2) If stock travelling on a permit, renewed permit, travelling statement, or license for working largo stock have not travelled from the day of starting until the day of any inspection by an inspector, permit officer, member of the police force, or inspector under the Stock Diseases Act, 1923, a distance averaging in the case of large stock ten miles per day and in the case of sheep and of working large stock six miles per day, towards their destination, the person in charge shall be liable to a penalty not exceeding fifty pounds.

(3) This section shall not apply—

(a)	during any period in which the stock are pro- ventecl from travelling or working by unsuitable weather or other unavoidable cause; or
(b)	during any period in which the stock arc de­ tained elsewhere than on a road or travelling stock reserve; or
(c)	in the ease of teams owned by municipal or shire councils or contractors working for such coun­ cils where exemption has been granted by the board; or

(d) in such other cases or periods as are prescribed. 5 9 . Save as provided no person in charge of travel- S;ock

ling stock shall permit them to camp on any travelling

stock reserve if the total journey to bo travelled is less

’

than ten miles in the case of large stock or loss than six

miles in the case of sheep.

. Any person failing to comply with this section shall be

liable to a penalty not exceeding ten pounds.

60.     (1) Any person who, without the consent of the Abandon-

occupier, abandons any travelling stock on any land or

on any road or travelling stock reserve intersecting or stock,

adjoining any land and not being separated therefrom

■ by

382                  Pastures Protection Act.

—1—	’ by a fence sufficient to pi’event the passage of the stock, shall be liable to a penalty not exceeding one pound for each head of sheep and five pounds for each head of large stock so abandoned.
(2) Stock so abandoned without the consent of the occupier of such land may be destroyed by him.

■	(3) Any person who abandons any travelling stock on any road or travelling stock reserve shall, in the prescribed manner, notify the board of the district in which the stock are abandoned.
Any person failing to comply with this subsection shall be liable to a penalty not exceeding ten pounds.

Carcases to 01. Where any travelling stock dies on or within half

or a mile of any road or travelling stock reserve, the person

cf. No. 35 charge of such stock shall within forty-eight hours of

1912,8.111. the death destroy the carcase by burning or bury the

same.

Any such person shall be liable to a penalty not exceed­ ing one pound for each such carcase which he fails to so destroy or bury.

P e rm ittin g	6 2 . Any travelling stock may, with the permission of
stock to

rem ain on	the inspector or chairman of the board for the district
reserve,	endorsed on the permit or renewed permit, be kept for
cf. I h i d .	the jieriod specified in such endorsement on any travelling
s. 107 (4 ).	stock reserve for the purpose of being branded, shorn, dipped, or crutehed, or for the carrying out of any other necessary provision of this or any other Act.
The owner of such travelling stock shall pay to the board for the district in which such reserve is situated such fees as are prescribed.
trave lling

Lessees of 63. Where the lessee of or the holder of a grazing

stock	permit over any travelling stock reserve receives notice
reserves and
travelling	in accordance with the provisions of this Act that travel­
stock.	ling stock will be travelling along or over such reserve, he shall remove any stock in his possession on such reserve so that such stock shall not become mixed with the travelling stock.
Poison on	64. Notwithstanding that a rate has been charged, or a license issued for stock using a travelling stock reserve, camping reserve, or other reserve, no board shall be held responsible for any losses of stock or injury to stock due
reserves.

to

Pastures Protection Act. 383

N(i 1934

to poison laid by the board if such board has notified in	' _1_	*
the prescribed manner that poison is to be used on such reserve, and the position or place where such poison is to be used, and if conspicuous notice-boards have been erected where such poison is used,

6 5 . (1) No person shall, without the written permis- structures sion of the board, erect any stnicture or fence upon a oi’ f ‘̂'’'c<?s on	icrcrvcs-
travelling stock reserve.	o(*cupation oi' reserves.
(2) Any person who erects a fence in which baihed wire is used across a travelling stock reserve shall leave a clearance of not less than two feet ten inches between the lowest barbed wire and the surface of the ground.
(3) No person other than a person in charge of travelling stock or working large stock shall occupy or use a travelling stock reserve except witli the written permission of and subject to the conditions specified by the board or a person authorised by the board in that behalf; or except in pursuance of any lawful authority given under this or any other Act.

6 6 . ( 1 ) Any stock or any pigs or goats found on any stock uniaw-

travelling stock reserve not being—• t n/eiTiV̂

(a) permit, or travelling statement, or on an order, 1912,"s. I'l’o.

travelling stock travelling on a permit, renewed provisions of the Stock Diseases Act, 1923, and with some person then in charge;

(b)	travelling pigs or goats with some person in charge;
(c)	stock, pigs, or goats depastured thereon in accordance with the conditions of any lease or license from the Crown, or grazing permit from the board;
(d)	stock, pigs, or goats owned by the occupier of land bounded or intersected by the travelling stock reserve and not separated therefrom by a fence sufficient to enclose the stock, pigs, or goats;

(e) working large stock; or

( f )

Pastures Protection Act. 4-21

Mo. 35, 1934.

(4) Where the proprietor of a brand is a com­

pany, firm or partnership and the Registrar of Brands is satisfied that such company, firm or partnership has been dissolved, he shall cancel such registration.

153. Any brand and earmark the registration of which is cancelled under this Part may on application to the Registrar of Brands in the prescribed manner and on payment of the prescribed fee be restored to the register.

]?cstoration

to register.

154. The proprietor of a registered brand and ear­ mark maj" use distinctive earmarks to denote the age or

Distinctive IranJs and

earmarks.

No. 35, 1912,

class of his sheep.

s. 132 (2).

155. (1) No person shall brand any sheep with a firebrand containing any letter, figure, or character less

Size and ])ositions of

brands and

than one inch in length, nor with a colour brand contain­

(armarka.

ing any letter, figure, or character less than three inches

in length.

(2) Registered brands shall be placed in such

positions as are prescribed.

(3) A raddle mark may be placed on any por­ tion of a sheep provided that it does not obliterate or deface any registered brand on the sheep.

(4) A registered earmark shall be of the size prescribed, and of one or more of the prescribed shapes, and shall be placed on the right car of female sheep and the left oar of male sheep.

(5) A distinctive earmark shall be of the size prescribed, and of one or more of the prescribed shapes, and shall be placed oii the left ear of female sheep and the right ear of male sheep.

156. (1) As soon as practicable after the end of every year the Registrar of Brands shall publish a brand

3)irectoryand

(iuarterjy

and earmark directory containing the prescribed par­

Hats.

ticulars of all brands and earmarks registered up to the

thirty-first day of December of such year.

(2) As soon as practicable after the end of each quarter the Registrar of Brands shall publish in the Gazette in the form prescribed a list of brands and earmarks registered or transferred during such quarter.

(3) Each board shall provide the secretary and inspector with a copy of each quarterly list and each directory.

422                  Pastures Protection Act.

No. 35. IP34.

157. (1) Every person Avlio—

0£fonces.

No 35, 19 J 2, (a) brands or earmarks vritli bis registered brand

s. 140.

or earmark any sheep of which he is not the

owner;

(b)	brands or earmarks any sheep with a brand or earmark of which he is not the proprietor;
(c)	except as in this Act or by regulation provided brands sheep with a lirand whicli is not regis­ tered in respect of the holding on which the sheep are branded;

(d) destroys or defaces a brand on any sheep;

(e)	alters an earmark on any sheep, or except in the case of distinctive earmarks places any addi­ tional earmark on the same ear of a sheep which has been earmarked;
(f)	alters a brand on any sheep, either by the alter­ ation of the existing brand or by the addition of some other brand, otherwise than in accord­ ance with a rec|uirement of the Eegistrar of Brands;
(g)	cuts off more than one-fourth of the ear of a sheep;
(h)	earmarks any sheep with any instrument other than ear-iiliers of a prescribed type and size;

(i) without reasonable excuse, the proof of which shall lie upon the person accused, has in his possession any sheep-skins from which more than one-fourth of either ear has been removed or from which the brand has been obliterated; or

_

(j) contravenes any other provision of this Part,

shall be liable on summary conviction to a penalty not

exceeding one hundred pounds.

(2) The fact of such sheep with such mis­ branding, destroying, defacing, altering, cutting, or marking being on the holding of any person for two months without his having given notice to the rightful owner of such sheep, or where the sheep is his own property to tlie oflicer in charge of the nearest police station, or to the inspector for the district, of such

misbranding,

Pastures Protection Act. 425

No. 35, 1934.

misbranding, destroying, defacing, altering, cutting, or marking, shall be evidence of such person having com­ mitted a breach of this section.

(3) Any person having in his possession sheep vith sucli misl}randing, destroying, defacing, altering, cutting, or marking, in respect of which he did not, in the case of sheep on his holding within two months, and in the case of traxadling slieei) within three days of the same coining into his possession give the prescribed notice to the inspector for the district, or to the officer in charge of the nearest police station, shall be liable to a penalty not exceeding one hundred pounds.

PAET IX.

M u s t e r in g .

1 5 8 .           (1 ) Every owner of fifty or more sheep or Notice of

twenty head or more of cattle shall give the occupier of any adjoining holding who has a like number of sheep or cattle not less than forty-eight hours nor more than five clear days notice in writing of any muster intended to be made on his holding for the purpose of shearing, crutching, or weaning any sheej) or of branding, mark­ ing, dipping, drafting, or removing any sheep or cattle from his holding or except in the case of a holding con­ taining less than three thousand acres from any paddock thereof contiguous to the holding of the adjoining occu­ pier to another paddock on his own holding, and shall permit such adjoining occupier or his employees to attend at any such muster: Provided that any such owner may, with the consent of any .such adjoining occu pier, omit such notice.

If for any reason the muster cannot he held at the time specified in the notice, the owner shall not less than twelve hours before the time fixed for the muster give to the occupier of the adjoining holding notice of the alteration of the time for the muster or of the abandon­ ment thereof as the case may be.

424                 Pastures Protection Act.

No. 35, 1934.

(2) Any owner failing to give any notice under subsection one of this section shall, unless he has obtained such consent, for every such offence be liable to a penalty not exceeding fifty pounds.

(3) This section shall not apply to any muster ordered in pursuance of the provisions of the Stock Diseases Act, 1923, or of this Act.

Power to	1 5 9 .	An inspector may, with the approval of the
order owner

!,r coeiipier	chairman of the hoard or the Minister, order an owner
to muster.	or occupier to muster the stock on his holding or any ]4ortion thereof for the special purpose named in such order.
Any owner or occupier failing to complj ̂ with such order shall be liable to a penalty not exceeding fifty pounds.
If the owner or occupier does not comply with such order, the board or Minister may have such muster carried out at the expense of such owner or occupier, and, in such event, the inspector and such other persons as the inspector may deem necessary may enter such holding with such horses, dogs, and vehicles as he may consider necessary to give effect to such order.
The expenses of the muster may be recovered as a debt in any court of competent jurisdiction by the hoard or the Minister from the owner or occupier failing to comply with the order.

PAET X.

G e x e r .^u P k o v is io x s .

Summary 1 6 0 . (1) Any proceeding in respect of an offence heard and determined in a summary way before a court of petty sessions in accordance with the provisions of the Justices Act, 1902.

jurisdiction,	fiiig	or any regulation made thereunder, shall
m

"roceSr Any person may take proceedings for the

/ A ' j •; P^iriishment of any offence under this Act, and any penalty

" ’ ’ ' imposed for any such offence shall belong and be paid to

the

Pastures Protection Act. 425

Ihe board of tlie district in which the offence wns com­ mitted, any law to the contrary notwithstanding, and the court imposing the penalty shall order accordingly.

161. (1) Any sum of money which any person is, in JU'eovcrj

pursuance of this Act, required or made liable to pay,

may be recovered as a debt in any court of competent g. ios’ (3)“’

jurisdiction.

(2) A jurisdiction otherwise competent, shall not be ousted on the ground that the title to any land, or any matter in which rights in future may be bound, or that any general right or dutj^ is in question, but the decision in the proceedings shall not be evidence in any other court, or in any other proceedings.

1 6 -. Every person who commits a breach of any of Genera;

the provisions of this Act or of any regulation for which

a penalty is not specially provided, shall be liable on	‘	'
summary conviction for every such offence to a penalty not exceeding fifty pounds.

16.3. (1) Any person who neglects or refuses to give Pena l t y for

any information with respect to any large stock or sheep ]nfjnintfon required for the purposes of this Act, or who wilfully ’ gives any incorrect or misleading information with

respect thereto, shall on summary conviction be liable to

a penalty not exceeding fifty pounds.

(2) Any person who forges or alters or utters Pen.aity for

or puts off any permit, renewed permit, license, travel­

ling statement or other document or instrument issued mits, eti

under this Act shall on summary conviction be liable to

a penalty not exceeding one hundred pounds.

164. Any person who obstructs, hinders, interrupts Obstructing

threatens, or assaults any inspector or other person

appointed by the board or the Minister under this Act, under this

or any person acting for the board, whilst in the per- ̂

formance of his duty, shall on summary conviction be	• •	•
liable to a penalty not exceeding fifty pounds.
No proceeding for the recover} ̂ of any such penalty shall bo a bar to any action at law for or in respect of any such assault.

426                  Pastures Protection Act.

No. 3j,^ . notice, information, complaint, agreement, ^" ‘̂icntica- Qj. other document, shall be sufficiently authenticated if

documents, it is signed by the chairman of the board, or by the

secretary of the board, purporting to sign the same by

No.̂ 35,1911, authority of the board, and authority in the chairman

or secretary so to sign shall be presumed unless and until

the contrary is shown.

Any notice or other document to be given to or served upon a board may be given to or served upon the secre­ tary or chairman of such board.

Service of

notices.	166. (1) Any notice given under or for the purposes of this Act or the regulations may, unless otherwise specially provided, be given in any one of the following ways:—
lUd. s. 173.

(a)	personally to the person to whom the notice is addressed; or
(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) where the abode or place of business of such

person in New South Wales is not known or

.	cannot readily be ascertained or where he has no such abode or place of business by advertising the same twice at least in some newspaper pub­ lished 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.

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

General

description 167. For the purpose of any proceeding under this

of land	Act or the regulations, the description of any holding or
suflicient.	land need not be a description by metes and bounds, but
nid.%. 174.	shall be sufficient if it makes such reference to the holding or land either by name, situation, boundaries, or otiier- wise, as allows of no reasonable doubt as to what holding
or land is referred to. 168.

Pastures Protection Act. 427

1G8. A\'hore tlie name of the occupier or owner o f ‘

any holding or land is unknown to any person giving rnuci'dings notice or taking proceedings under this Act, any such o'euii.icror notice may be addressed to the occupier or owner as owicr T T , T T j . 1 1 unknoAVTi.

sudi, and any sueli p]‘oecoauigs may be taken and any

order or decision therein may be made or given against s. : 75.

the aforesaid occupier or owner as such.

1 6 9 . (1) All noti(‘es of proclamations, regulations, Notices, etc., appointments, elections, rates, bonuses, or assessments,

or of any other matter or thing done under the authority ic( eivcd ns

of this Act or any j\ct hereby repealed, and published in

the Gaz;etto, and all entries duly made in any rate-book

’

shall be taken to be ])rima facie evidence of the facts

or matters therein stated.

(2) In any prosecution or other legal proceed­ ings under this or any other Act instituted by or under the direction or on l)ehalf or for the benefit of a dingo destruction board or of a board, proof shall not, until evidence is given to tlie contrary, be required of—

(a) the appointment of the dingo destruction board or the due constitution of the dingo destruction district;

(b) the boundaries of the dingo destruction district;

(c)	the fact that any land or place is within the dingo destruction district;
(d)	the incorporation of the board or the due con­ stitution of the district;
(e)	the lioundaries of the district or of a division of the district;
(f)	the fact that any land or place is within the district or the division in question;
(g)	the constitution of the board or the election or ap])ointment of the directors or the chairman thereof;

-	(h)	the appointment of any inspector, or permit oflicer, or of any servant or officer of the board;
(i)	the fact that the defendant is, or at any relevant time was, the owner, occupier, or caretaker of
.	any land in question, as the case may be, if he is

. so described in the process by which the prose­ cution or proceeding is initiated;

, (j)

428                  Pasturas Protection Act.

No. 3 ^ 934. laud in question is within the

jurisdiction of any court or local land board.

Ownership.	170. (1) In any legal proceedings under this Act, in addition to any other method of proof available, evidence by a certificate of the Eegistrar-General or his deputy that any person appears from any registration of any deed, conveyance, or other instrument under the Eegistration of Deeds Act, 1897, as amended by subse­ quent Acts or from the register-book under the Eeal Propertj^ Act, 1900, as amended by subsequent Acts, to be the owner or lessee of any land, or in the case of lands held under any tenure under the Crown Lands Acts, a certificate of the Under Secretary of the Department of Lands that anŷ person appears from tlie records of that Department to be the holder of land of any tenure under those Acts shall be prima facie evidence that such per­ son is owner, holder, or lessee as stated in the certificate of the land for the estate or interest specified in the certificate.
(2) All courts and all persons having by law or by consent of parties authority' to hear, receive, and examine evidence shall, for the purposes of this Act, take judicial notice of the signature of the Eegistrar- General and his deputy and of the Under Secretary of the Department of Lands.
'Regulations.	171. (1 ) The Governor may make regulations not inconsistent with this Act prescribing any" matter or thing which by" this Act is required or permitted to be prescribed, or which is necessary or convenient to be prescribed for giving effect to this Act, and without limiting the generality" of the foregoing power, may make regulations for the purpose of carrying this Act into effect for and with respect to—-

(a) the date on or before which rates shall be made;

(b)	the form, manner of service, and time of issue of rate notices;
(c)	the manner of appealing against the determina­ tion by’ a board of the carrying capacity of any land;
(d)	form of rate books and the manner of keeping the same;

( e )

Pastures Protection Act. 429

he. 35, 1934.

(c)	all other matters incidental to the rc^-ulation of rating;
(f)	the manner in ’which the accounts of boards shall be kept and audited;
(g)	the qualifications to be held by auditors, and making provisions for audits by persons not holding such qualifications 'where a qualified person is not available;

(h) the qualifications to be held by inspectors;

{i) examination for the obtaining of qualifications

by persons for their appointment as an in­

spector ;

(j)	prescribing ihe reasonable fees for any service or inspectioii rendered by a board or its officers, or any registration license or permit or other matter done or service rendered under this Act;
(k)	the manner of applying for registration, and transfer of brands and earmarks;
(l)	the construction and use of branding and ear­ marking instruments;

(m) the use of brands and earmarks;

(n) the duties of the Eegistrar of Brands;

(o) the compilation and publication of the brand and earmark directory, and the list of brands and earmarks, and the payment for the com­ pilation and publication of such directory and list.

(2) The regulations may provide for a penalty not exceeding fifty pounds for any breach thereof.

(3) The regulations shall—

(a) bo published in the Gazette;

(b)	take effect from the date of jmblication or from a later date to be specified in the regulations;
(c)	bo laid before both Houses of Parliament Avithin fourteen sitting days from publication if Parti? ■

: mont is in session, or if not, then ■n’ithin fourtcea sitting days after the commencement of the next session.

430                  Pastures Protection A ct.

No. 35, 1934

If either House of Parliament passes a reso­

lution of ■niiich notice has been given at any

time within fifteen sitting days after such

, regulations have been laid before such House,

! disallowing any regulation or part thereof, such

regulation or part shall thereupon cease to have

effect.

'Western

Division. 172 . So far as relates to the Western Division—

^'0. ?5, 1912

(a) the Minister may depute to the Western Lands Commissioner, or to a chairman of local land boards appointed under the IVestern Lands Acts any of the powers or duties conferred or imposed upon him by this Act;

*'b) the provisions of the 'Western Lands Acts re­

lating to the destruction of rabbits shall not

' be enforced within any part of that Division Avhich is included in a district constituted under this Act:

'(e) the provisions of section forty-three of this Act shall not apply until a date to be fixed by the Governor and notified by proclamation published in the Gazette.

Amendment	173. (1) The Prickly Pear Acts, 1924-1930, is
Acts.

o f various amended—

<	eonscquen-	(a) by omitting from subsection two of section twenty-four the words “ section eighteen of the Pastures Protection Act, 1912, a special rate in addition to the rate mentioned in section’' and by inserting in lieu thereof the words “ Part III of the Pastures Protection Act, 1934, a special rate in addition to the rate mentioned in that Part ’ ’;
t:a i.;
(b} by omitting from the same subsection the words “ The second proviso to subsection one of the said section” and by inserting in lieu thereof the words “ subsections two and three of sec­ tion twenty-seven of that Act.”

(2) The Local Government Act, 1919, is further

amended—

(a) by omitting from paragraph (c) of section four hundred and sixty-six the figures “ 1912” and by inserting in lieu thereof the figures “ 1934” ;

(b)

Pastures Protection Act. 4f5l

(b) bv omitting from x^aragraph (k) of subsection five of section six hundred and fifty-four the figures “ 1912” and by inserting in lieu thereof the figures “ 1934.” —— '

(3) The Finances Adjustment Act, 1932, as amended by subsequent Acts, is amended by inserting in subsection ( 3 a ) of section three, after the words and figures “ Pastures Protection Act, 1912” the words and figures “ the Pastures Protection Act, 1934.”

S C 1 I E D U L 7 4 Sec. 3

N u m l i e r o f A r t . T i t l e o r s h o r t t i t l e . E x t e n t o f ro p e .'v l.

N o. 17, 1900 ... P u b l ic W a te r in g -p la c e s A c t , 1900 T h e whole.

No. 3 . % 1!)12 .. P a s t u r e s P ro te c t io i i A c t , 1912 . . . T h e whole .

N o . 4'J, 1918 .. . P a s t u r e s P r o t e c t io n ( A m e n d m e n t ) T h e wliole.

A c t , 1918. '

N o . 25, 1920 ... P a s t u r e s P r o t e c t i o n ( A m e n d m e n t ) T h e whole.

A c t , 1920.

N o .	41,	1919	. . .	Loca l G o v e r n m e n t A c t , 1919	...	Sec t ion 497 a n d
p a r a g r a p h (g)
o f sec t ion 513.

A17VA-\CES