Pastures Protection (Amendment) Act 1906 (NSW)

Act No. 20, 190C).

I’AsTrnKs

All Act to {imciid tlic Pasture's P ro tec t ion Act, 1002, tlic I^lsturcs Id'otcctioii Aiiieii(lni(nit Act, 1004, the ( I'OAvn Lands Acts, the W este rn J.aiids Acts, and otlier Acts : to make fu r ther ])rovision for tin' encouragem ent of tlie erc'ction of ra])l)it-proof fenc ing ; and for I’kotkctiox { A mkni>mk n j ).

o ther ])ur2)OS('s. [30/A Xorrnihrr, 1000.]

T 3 E it enacted l)v the Kin^rs ACost Excellent IMajcsty, hy and with J i3 the advice and consent of ilie Legislative Council and Legislative Assembly of New Soutli AValcs in Paidiament asscmhled, and hy the authority of the same, as follows :—

Frel'niiinary.

1. This Act may he cited as the “ Pastures Protection siiou title.

(Amendment) Act, 190(1,” and shall he read Avith tlu! I’astures Protection Act, 1902 (hereinafter referred to as the Principal Act), and the Pastures Protection Amendment Act, 190T.

62  Act No. 20, 1906.

Pastures Protection {Amendment).

Kepeal. 2. Sections nineteen, twenty-five, twenty-eight, and one hundred

and sixty of the Principal Act are repealed.

Pefinitions.

llofiinlions in

Bcciion 4 of 3. (1) Section four of the Principal Act is amended as

Principal Act. follows;—

(a)

in the definition of local land hoard, insert the following words at the end of the definition :— “ and wherever the words ‘ local land hoard’ occur, the commissioners appointed under the AAestern Lands Acts shall h(' deemed to be the local land hoard rederred to, so far as relates to the Western Division, and the decision or determination of such commis­ sioners in regard to any matter or thing decided or determined hy them as a local land board shall he final and conclusive.”

(b)

In the definition of “Occupier” the words “and also includes the occupier or caretaker of a public watering place, as defined hy the Public AVatering Places Act, 1900,” are added at the end of the definition.

(c) In the definition of “ Owner ”—

(i) in paragraph (a) omit “ the person registered as ” ; and

after “ holder” insert “ or the holder subject to mortgage”

(ii)   omit paragraphs (h) and (c), and insert the following new paragraph ; —

“ The holder, or the holder suhject to mortgage of any juirchase, whether conditional or otherwise, from the Crovn, or of a homestead selection or homestead grant.”

(iii)  Omit paragraphs (f) and (g), and insert tlie following new paragraph:—

“ and for the purposes of Part IV, includes the trustees of commons and public reserves, and the person for the time being in the authorised possession or charge of land, or of large stock, or sheep.”

(d) Omit the definition of “ Public road ” or “road ” and insert the following d('finition :—

“ Public road ” or “ road ” means any land proclaimed, dedicated, resumed, or otherwise provided as a public; thoroughfare or way, or any land defined, reserved, or left as a road in any subdivision of CroAvn lands, and for tbc purposes of Part IV includes any road which has been ordinarily used for three vears at least hy the public.

‘ (e)

Act No. 20, 1906. 63

Pastures Protection {Amendment).

(c) Omit the definitions of “ Travelling slieep ” and “Travelling stock ” and ins('rt tlic folloiving definition :—

“ ’̂ravelling slic'C]) ” or “ travelling stock ” means any sheep or stock other tlian stock in actual Avork Avhilst being driven or carried hy land or Avater, or Avhich have Avithin one month next preceding licen so driven or carried along or over any place Avhatsoever other than the run on which thi'y are ordinarily depastured.

(f) Tlie folloAAung delinitions are inserted in the section;—

“ CroAim lands ” means Crown lands as detined in the Crown

Lands Act of 1881.

“ Western DiA’ision ” has the meaning given to that expression

in the Crown Lands Acts.

“ Western Lands Acts” has the meaning gn'cn to that expression

in the AVi'stern Lands (Amendment) Act, 1905.

(2) Reference's in the Princijial Act to a Part or Division of KcfcmKi B to I’m-ts

that Act shall he deemed to refer to such Part or Division as amended i-riiu'ii'aTAre ’

hy this Act, and to any ('iiactments in this Act relating to matters

dealt Avith in such Part or Division.

IPestern Picision.

4. So far as relates to the ATestern Division, the Alinisti'r may Minisicr tmiy dopute

depute to the commissioners appointed under the AAT'stern band's Acts any of the j io A v e rs or duties conferred or imposed upon him hy this or the Principal Act.

5. AVlu'n any district Avithin the AAT'stcrn Division has been siis])ension of certain

proclaimed undt'r sect ion twentA'-sevi'ii of the Principal Act to he rabbit-iHH'sted, tlio pi'ovisions oi tlio Western Jyands Acts relating to the destruction of rabbits shall not he enforced Avithin such district Avhile such proclamation remains in force.

Pistricis and hoards.

6. (1) Sections six and seven of the Principal Act are rejiealed; Omsiiiuiion of

but, notwithstanding such repeal, the said sections shall remain in force in t'acli district until the date of the tirst election of directors of the hoard for such district after the commencement of this Act, Avhich election shall he held in tlie month of Alay, one thousand nine hundred and seven. Until such tirst- ('lection the directors of the hoard shall retain their ollicf's. 'riicrcafti'r tlie hoard for each district shall consist of eight directors, who shall ex officio he inspectors, and Avho shall h(' ('h'ctc'd or ('stahlished in office under this and the Princi|)al Act.

(2) Upon such first eh'ction three directors shall retire, hi'ing

those Avhose term of olliee would first have expired under the Principal

Act, and live directors shall he ('h'cted in their stead.

( 3 )

Act No. 20, 1900.

Tastures protection {Amendment).

(3) Of such five directors, one, to be determined by lot,

sball retire ■with tbc three remaining original directors, at tlic expiration of one year fiom the date of tbc first election as aforesaid, and the other four directors sball hold office for two years. After such election four directors for each district sball be elected annually in the month of INfay, who shall bold office for two years.

(i) At tbc first meeting of a board after an election of directors, or after the office of cliairman becomes vacant, the board sball elect one of its members to be chairman, and on such election the chairman appointed by the Governor under the Principal Act sball vacate bis office.

In the absence of the chairman from a meeting of a board the

directors privscnt shall elect one of their number to be chairman tor

the meeting. Pour directors shall form a quoruni.

(5) Section eleven of the Principal Act is amended by substituting the words “ two or four divisions in Ids discretion” in lieu of the words “ three divisions,” and by substituting the words “ two directors or one tlirector, as the case may be,” for the words “ one director.”

Appoiiiiiiient of

7. Ill case of the suspension, illness, or absence of an inspector moi'c disti’lcts, tlic tMiiiistci' niay appoint a person who may exercise the powers and shall discharge the duties of such inspector during such suspension, illness, or absence, at such salary as the ^Minister may dctcrniiiie. Such salary shall be paid by the board or boards, out of the fund or funds as in the case of the appointment of an inspector. Tlie board or boards may, Avilh the consent of the Minister, discontinue the payment of the salary of an inspector suspended or absent from his duties.

tiiiiporui) inspector.

8(̂ c‘t ion 12 of

AiiirmliiuMit- of

8. Section twelve of the Principal Act is amended by inserting

tbc AA'ords “ and Avho has paid all rates due by him under this Act to

I ’rincipal Act.

the board ” afb'r the Avords “ Every person Avhosc name is on the roll

hereinbefore referred to.”

AinomlimMit of

section 17 of

9. Section scA'cntccn of the Principal Act is amended by

inserting the words “ in tlie month of February next folloAving ” after

r r ine ip ti l Act.

the Avord “ published.”

Pates.

Amendnicnt of 10. The last proviso to subsection one of section eighteen of

subsection one of

section 18 of the Principal Act is amended as folloAvs :—^

I ’rincipal	Act.	(a)	By omitting thi' Ai'ords “ enclosed by a fiuice erected before or after the commencement of this Act ” and inserting the AA'ords “ on the external houndarics of aa IucIi there is a fence.”
(b)	By inserting at the end of the subsection tbc Avords “ or in respect of any holding or portion of a holding Avitbin a group. Any fence Avhich, in the opinion of tlie board, is sufficiently approximate to any boundary shall be deemed to be on sucli
boundary for the purposes of this section.” 11 .

Act No. 20, 1900.

pastures Frotection {Amendment),

11. The following sul)section is inserted after subsection one of Asaossment, of

section ciglitcen of tin; rrincij)al A c t:— stooM'̂ ancr’̂* '̂^

(2) Tor the purposes of this section, the carrying capacity agricultural lan-i.

of nnstocked or partly stocked land shall he determined hy the lioard quinquennially on an average basis extending over the preceding live years, the first of such determinations to be made for the first assessment required after the first day of January, one thousand nine hundred and scA'cn.

Tor tlie purposes of any assessment, agricultural land shall be

deemed to he land Avhicli has been used for agricultural puiqioses

during the year next preceding that for wliich the assessment is made.

12. I'Aery OAvner or occupier liable to he rated under tlic Uei u™ of lund and

Principal Act, and every OAvner of any large stock or sheep, shall, on. or before the tenth day of January in each year, deliver personally or send hy post by registered letter to the hoard for the district, in the prescribed form, a return of his land and of his large stock or sheep in such district, and of any of his large stock or sheep travelling in any other district, on the thirty-first day of Tecemher next preceding. Any such OAvner or occupier failing to make any such return shall ho liable to a penalty not exceeding twenty pounds.

13. Every hoard is relieved from liahilitv to make i)avments to Kxponditurp of t/ J _ » T 1 * T P

the sheep account in the Treasury under section twenty-five of the p”v",ont ^

Principal Act in respect of moneys received for rates before the loidributious lo	• account.
commencement of this Act, hut in lieu of such payments shall expend	’
Avithin five years after the commencement of this Act, in the destruc­ tion of rabbits on public lands Avithin its district, or in the erection of rahhit-proof fencing on the boundaries of such lands, or partly in one such Avay and partly in another, or in such other Avay as the Minister may approve of, an amount equal to the moneys Avhich Avcrc A'csted in the hoard hy subsection four of section tAventy-four of the Princijial Act, after deducting any liabilities of the hoard outstanding at the date of such vesting.

In case of any disjmtc as to the amount of the moneys to he so

expended, the matter shall he determined hy the Auditor-General.

Each board shall furnish to the Minister, in the month of

January in each year, details of its expenditure under this section.

Application of Act.

14.                  Subsection tAVo of section twenty-seven of the Principal Anicndim-nt, of

Act is amended hv omitting the folloAving Avords :— “ The provisions t/ o o i. 1: nnc'ipal Act.

of this Part, except so far as the same relate to the destruction of noxious animals, shall not ap})ly to any lands held under any foian of lease from the CroAvn in the A\’cstern Eivision, as defined hy the Crown Lands Acts.”

E Fencing

66   Act No. 20, 1900.

Faslures J^rotection {Amendmcnl).

Fencing.

Exem]>tion from 15. Tf fuiY lioldiiiu', 01' poi'tion of a lioldiiig, or ^roup of holding's, of the hoard, it is unnecessary to erect a rahhit-jiroof fence, such holding, or portion of a holding, or group shall he deemed to he enclosed hy a rahhit-proof fence, jirovided that the remaining houn- daries arc siidiciently so fenced.

fenjing boundary in jg j,, ],y f, natural I'caturo along wliicli, ill tlie opinion

‘

Fnreha-se of idrc-nelting, f c .

Aniondmcnt of	16. Section thirty of the I’rincijial Act is amended as follows—
section 30 of

I ’rincipal Act.

(a) in suhseetion two hy omitting the words “ sjiread over not

more than” and inserting the words “ extending over such

period as may he determined hy the Minister, not exceeding” ;

(h)	in suhseetion four hy omitting the words “ occupiers or ” in the first paragraph, “ occupiers and” in the first proviso, and “ or occupier” in paragraph (a) of the second proviso ;
(c)	in the first paragrajih of suhseetion four, and hefore the first proviso, hy omitting the AVords “ agreed upon” and inserting the Avord “ preserihed
(d)	in the first proviso to suhseetion four hy omitting the AVords “ not more than twenty years,” and inserting the words “ a period not exceeding that Avithin Avhich the cost of the netting, materials, machinery, plant, and snhstances is to he paid for hy the hoard to the Colonial Treasurer.”
(e)	in paragrajih (a) of the second proviso hy inserting at the end thereof the following Avords :— “ Such charge shall have priority over all mortgages or other charges thereon (whether made hefore or after tlie coinmeiicmnent of this Act) other than dehts due to the CroAvn.”

I*enalty for dt fault 17. If any owni'r of a holding makes default in respect of

in payment of the payment of any instalment payahlc to a hoard in ros|iect of Avire-

annual instalments .

netting or other material, machinery, plant, or suhstanci's, interest shall he charged hy the hoard on such instalment at a rate not exceeding ten per eentuni jier annum from the date appointed for the payment thereof until the sanu' is paid, and such interest shall he added to and he deemed to form part of such instalment.

Pavniciit to iu);ircl

by adjoining owner 18. (1) IVheri' the OAvner of a holding OAves money to a hoard

of cost of nett ing	for Avire-netting or other materials, Avhethcr such money is or is not
sup))lied by boatd.	then payable, and is entitled to any contrihution from an adjoining owner toAvards the cost of any fencing in respect of which such netting or materials Avere supjilied, such adjoining owner may, and if directed in pursuance of this section shall, ]>ay to the said hoard, instead of to the lirst-mentioned OAvnei', so much of the said contrihution as is due

and

Act No. 20, 190().

Faslnrcs Frotection [Amendment).

and payable in respect of tbe said netting and materials : Provided that tlie amount to be so paid sball not exceed tbc amount owing by tbe lirst-mentioned owner to the board as aforesaid.

(2) 'Wiierc money is so owing to the board, tbc board may A?se.ssm,>nt at

apply to have tbe said contribution assessed. request oi boani.

(3) AVliere any owner of a bolding applies to have any N„tice to board of

such contribution assessed, notice thereof shall be givcir to tlu' board i'sses?,„ent.

for the district within which tbe fence is situate, and any person duly

apjiointed in its behalf by such board may attt'iid at such assessment,

and sball be beard.

(4) Where any assessment of such contribution is made, ixyment directed by

wdietbcr on tbc application of any owner or on the application of a board, payment may be directed to be made to the board in the terms of this section, and tbe money shall be paid as so directed.

19. (1) If it appears to a board that the occupier or owner for iriiintenunoe of wire the time bein^ of any holdiim in resneet of which any -wire netting or |HUine ,md nuiteriai other material has been purchased from the board, but not fully paid moneys are p.ayubie for, has neglected to maintain or repair such netting or material, or

any part thereof, the board may give notice to such occupier or owner to execute the Aiorks necessary to maintain or rcfiair the same. If such works be not fortlnvitb executed to the satisfaction of the board, tbe board may cause such works to be executed, and may recover such cost from the occupic'r or owner.

(2) A certificate in tbe ])rescrihed form, signed by the chairman of the board, of tbe amount claimed by such board to be due for such cost, shall be prima facie evidence that the amount stated in such eertilicate is actually due.

20. Aboard, Avitb tbe consimt of the IMinister, may sell for Supply in.; of

plant, or substances shall only bo used on, or in connection with, the bolding in ri'gard to Avhich the application uas made.

cash only to t he occupier of any holding, on ai)])lication by such occupier

in the prescribed form, any wire-netting, matm’ials, machinery, ydant, hoiiiingl!'̂

or substances obtained by such board under section thirty of the

21. A’here tlu* owner of a holding owi's monev to a board for wiinc iioUiinK

Avin'-netting or other materials, and such holding is forfeited to

Crown, the property of such owner in such lu'tting and matei'ials,

'

and any right Avhich such owner may have to recover contribution in

rc.spect of the same, shall pass to and vest in the board.

22. If any ]>erson A v i l f u l l y uses or disposes of any Avirc-iu'tting, ivuniiy for misnsn

matm'ials, macbiiuTy, yilant, or suhstanci's supplied by a board under

this or tbe I’rinciyial jVet, for any jmrposc or in any way other than that for Avhieh they Avi're so siijiplied, he shall, on conviction, be liable to a penalty not exceeding tifty yiounds.

Bcnnier

G8 Act No. 20, 1906,

Fastures Frotection [Amendment).

Farrier fences.-

Powers of beard to 23. Section lliirty-onc of the Principal Act is repealed, and the

erect fences. following is substituted in its place : —

(1) A board may :

(a)	Erect a rabbit-proof fence, or make rabbit-proof any existin'^ fence, on any land, rvlietber public or private, witliin or Avitbout tbe district, or across any road or travelling stock route, making gates in sneb fence for tbc passage of tbe jjublic and tbeir stock ; and
(b)	co-operate Avitb tbe board of any other district in any such work.

(2) Any fence, Avbctber erected or made rabbit-proof by a board or boards, or by tbe Crown, or by any person before or after tbe commencement of this Act, may lx; declared by the Covernor by notilication to Ik; a “ barrier fence,” and sball be deemed to be a barrier fence within tbe meaning and for tlu' ])urposes of this and tb(> Principal Act so long as such notitication lAunaius in force : Provided that any such notitication may be eancclb'd or amended by tbe Governor.

P aym en t by

jmrelmser or Icfsce 24. TVJicre a barrier fence or any portion tbereof is situated

of Crown lands on	within, or on tbc boundary of Crown lands, and is owned wholly or in
fence.
wliicli is a barrier	part by tbc Crown or a board, any person becoming tbe purchaser or lessee (other than an annual lessee) of any of such lands sball pay tbe A'alue of so much of such fence as is situated Avitbin or is on tbc boundary of tbc lands so purchased or leased, such payment to be made to tbe Crown or tbe board, or other owner of tbe fence according to tbeir respective interests therein, in accordance Avitb tlu' provisions of tbe CroAvn Lands Acts or tlu' Ab'stern Lands Acts. Tbe value of any portion of tbc fence Avitbin tlie boundary of tbe lands purchased or leased sball be tbe value thereof to tbc purchaser or lessee, and the A'alue of any portion on tbe boundaries of such lands sball be tbe Aoaluc at tbc date of tbc purchase or lease.
A m endm ent
s('ctioii n t of

of 25. Section tbirty-four of llu' Principal Act is amended l)y

Ib incipal Act. adding at tbe end tbereof a new subsection, as follows ;—

(d) Provided also that a board or boards may cease to

maintain and rc[)air a barrier fence aa	IucIi it or they considers or consider
to be unnecessary.

Frirate fences.

Amendment of

Boetion 37 of 26. Paragraph (a) of section thirty-sev('n of tbc Principal Act

Principal Act. is amended by substituting tbe words “ at least thirty-six inclies in Avidtb, not less than eighteen gauge, Avitb a mesh not Avid(‘r than one and a half inch ” for the Avords “ at least forty-two inches in Avidth, of a mesh and gauge' to be approved of by tbe board.”

Act No. 20, 1900. 09

Pashu'cs TrolecUon {Ameiidmeiil).

27. Section forty of the Principal Act is ainemled hy addin" at AmeudmcMt of

tlu; end therc'of tlic words “ or the AVh‘stcrn Jrinds Acts.” rrioci"]i;a';Ŵ

28. Section fortv-two of tlu' Princii):il Act is rinicalcd and tlic Contrii.uu<m to iiie

followiii" is suhstituted in its jilace :—

‘

(1) Where a honndary, or any part thereof, of any holdiii" is fenced with a rahhit-proof I'enci', or a fence on such houndary, or part thereof, has been made rahhit-jiroof at the expense of tlie occu{)i('r or owner of such holding, or of tlu' occupier or the owner of any land included in the holding, a contrihution towtirds the cost of the work shall, suhject to the provisions of this section, he payahlc hy the owner of any land outside tlu' holding and ad joining the rahhit-proof fence to the occupier or ownin' who has incurred such expense :

Provided that a contrihution shall not he payahlc where the

local land hoard is of opinion—

(a)	that the rahhit-proof fence has heen erected, or the fence has hecn made rahhit-proof, otherwise than hona tide for the pur})ose of excluding or destroying rabbits ; or
(h)	that no benefit is derived from the fence hy the holding from the owner of which the contrihution is demanded; or
(c)	that the nature of such holding is such that it cannot he kcjit rahhit-proof hy the erection and reasonable maintenance and repair of a rahhit-proof fence as described hy this A c t:

Provided, howercr, thnt should the owner of such holding at any t ime make use of such fence as jiart of a rahhit-jiroof enclosure, or should the holding or any part tliereof adjoining such fence he included in any group formed under this or tin; Principal Act, such owner shall he liahlc for ])ayment of a contrihiit ion as aforesaid in respect of so much of such fence as forms the houndary of such enclosure or group :

Provided also that, not withstanding that the local land hoard may in any case have decided that no henefit was derived from the fence hy the holding from the owner of which a contrihution may have heen demanded, if such hoard at any time suhse(|ucntly decides that a henefit is then licing derived from the fence hy such holding, a contrihution as aforesaid shall tliereupon hecomc payahlc in respect thereof.

(2) 'the right to receive a contrihution as aforesaid shall WhosIimU pay ivmi

vest, and the liability to ])ay the same shall arise, Avhen the then occupier or owner of the holding gives to the then owner of the land outside the hidding the prescribed notice of demand ; and after the date when such notice is given, the amount of the contrihution, or so much thereof as may for the time being he unpaid, shall, until jiaymcnt, he and remain a charge ujion the land in respect of Avhich such contribution is pavahle.

‘ (3)

Act No. 20, 1906.

Pastures Protection {Amendment^.

Provisions as to

contributions . (3) The following provisions as to contributions shall

apply:— . . . . . .

(a)	Any fence whieh, in the o})inion of the local land board, is sulFiciently approximate to any boundary shall be deemed to be on such boundai'y for tlie jmrposes of this section.
(b)	The local land beard shall determine tin' amount of the contribution payable, and, subject to the provisions of this section, sball assess the amount of such contribution at half the value of the fence, or half the value of the work of making the fence rabbit-proof, as tbe case' may be; and such value shall be tlu' value at the datcAvhen the aforesaid notice of demand was given.

Renta l in lieu of (4) No hohh'r of an occupation license or jirelVn'ntial

contril)uiton.

occupation liei'use, or of anv lease' from the Crown having less than live years to run at the date' of emnplefion of a rabbit-proof fence on tbc boundary of an adjoining holding, and no owner who uses as a boundary a fence which is outsidi' the boundaries of bis holding, shall b('liable for payment of a contribution undi'rthis orsi'ction fort.v-three of tlie Principal Act, but in lieu thereof such holder or owner shall be liable to pa.v an annual rental in resjieet of such ienci' from tin' date when a claim in writing is made in that bi'half by tbe person entitled thereto. The amount of such annual rental, and tlu' dates for ])ayment thereof, shall, on application, be deti'rmiiK'd by the local land board. Such amount shall be assessed at an amount not exceeding six per centum upon half the value of the fence, or half the value of the work of making the fence rabbit-proof, as the ease may be, together Avith such further amount toAvards the average cost of the maintenance and repair of the fem'c as may be agreed ujion iK'tAvcen the parties, or, failing such agreement, as may be determined by the local land board.

Sa ving.

(5) Nothing in the Crown Lands Acts, tlu' 'Western Lands Acts, or the Dividing hh'uecs Act, shall relieve any person from liability to make any payment under this Act.

Apj^lical ion of (0) Any claie.i for contribution in respect of a rabbit-])i'oof

section. fence erected or any foiei' made rabbit-proof before the passing of this Act shall, notwithstanding anything in this section, he determined under the provisions of section forty-tAvo of the Principal Act.

Grouping of holdings.

Inquiry as to erection

29. (I) ’W hcrcitis Considered expedient by a board that any should be enclosed by a rabbit-]iroof ring fence, or Avhere a petition is received by a board from a majority in number of the oAvners of the holdings or portions of holdings Avithin any area Avhieh it is desired by such majority should be so enclosed, tint botird shall hold an inquiry in opt'ii court for the purjiosc of dt'termining Avhether .such ring fence should be rctpiired to hi' erected as hereinafter })rovided.

of n i ic icnce.

Notice

Act No. 20, 1000.

Pas/iD'es Protection {Amendment).

Notice; as prescribed of the time and place appointed for lioldin" such ineiniry shall be “iveii to the owners of all holdings or portions of holdings proposed to lie included Avithin the ring fence.

In any such inquiry a board may administer an oath to

Avitnesses and examine Avitnesses on oath

(2) I f uj)on such inquiry it is found that not less than three- Keport by board to

fourths in number of the OAvners of the holdings or portions of holdings

proposed to be enclosed, owning not less than one-luilf of tin; total	.
area of such holdings or portions of holdings, desire that the ring fence should bo erected in the position indictitt'd in the notice aforesaid, or in any position rt'asonably a])])roximating tlu'reto, tlu' board shall so report to the ^Minister ;ind mtike a recommendation for or against tlic proposal: I’roA'idt'd that no oAvner shall, Avithout his consent, be required to erect any fence Avhich Avould cause a scA orance of bis holding.
Any public lands may, Avith the consent of the ^Minister, lie included in the ari'a jiroposed to be enelosc'd by the ring fence, in Avhich case the CroAvn sliall, Avith respect to the })ayment for such feuce, have the same rights and liabilities as an OAvner of iirh'ate land.

(3) If the IMinister consents to the erection of tlu' ring NoHco lo owncra to

fence, and to tlu' supplying of the Avire-netting rtajuired I'or the ert'ction thereof, tbc board may give notice in the prescribed form to the owner of any bolding or portion of ;i holding Avithin the area proposed to be included within the ring fence, stating that it is pnqiared to sell Avire-netting to such owner for tlu; purpose of the fenct', and retjuiring him to erect a rabbit-proof fence u))on the outside boundaries of so much of such area as is included Avithin his holding, or to make rabbit-proof any I'xisting fence on such boundaries. Such oAvnc'r shall tlu'reupon forthwith erect or maki' rahhit-jiroof such fence accordingly, and shall thercafti'r maintain and repair it to the satisfaction of the lioard. "Where a rabbit-proof fence already exists on any such boundaries, it shall, for the jiurposes of this section, be deemed to have been made rabbit-proof in imrsuance of the proA’isions thereof.

(4) I f any such OAvner does not fortlnvith so erect or make Obiisaiion lo iimiic

rabbit-proof such fence, or if, after it has been erected or made

jiroof, he fails to maintain or riqiair it to the satisfaction of the board,

the board may eri'ct or make rabbit-jiroof or maintain or rep;vir the

fence, and may recoA'cr the cost thereof from the OAvner of the holding,

and, until payment, such cost shall be and remain a cliargi' upon such

holding.

(5) Lqion coiujiletion of the rabbit-proof ring fence as AppUratioii oC

aforesaid, the lands (including all roads) enclosed thereby shall form ^ grouj) of holdings, and the provisions of the Princijial Act, exccjit suhseetion one and paragraph (a) of subsection tAVO of section forty- eight of that Act, and the jirovisions of this Act, shall, cxccjit so far

as modified by this section, apjily to such group. (G)

Act No. 20, 190(3.

Pastures Protection {Amendment).

A nnual coni ribuf ions	(6) Every owner of a holding who has, in pursuance of
by ownciM of land

within IVncc.	this section, erc'cted a rahhit-proof fenc(', or made rahhit-proof any existing fence' on tlu' houudary of his liolding, or at whose cost t ine hoard lias erected or made rahhit-proof such fence', shall he e'utith'el to an annual contrihution in respect the'reof from the owners of all other holdings, or portions of holdings, inclueletl within tlie ring fence, in the propeirtion which such respective holdings, or portions of holdings, bear to the aggregate area of the holdings, or portions of holdings, included within the fence. Tlie respective amounts eif such annual contributions shall he determined hy the local land hoard, and shall he assessed at six per centum of the value of the respective owners’ intc'rests in the IVnce, together with such allowance towards the average cost of the maintenance and repair of the fence as may he agreed upon between the ]>arties, or, failing such agreement, as may be determined hy the local land hoard.
But the owner of a holding which is enclosed within a rahhit- jn'oof fence erected hefore or after the formation of the group shall not he liahlc to pay any contribution undi'r this subsection.
contributions .
Motliod of I'aying	(7) Tilt' yearly contributions payahlc hy the various owners within the group shall he paid to the secretary of the group ap])oint('d under section forty-eight of the Principal Act, or in any case wluu’c the group is tiot known to have a duly aj)|)ointed secretary, or tin; duly appointed sc'cretary cannot ho found, to tlu; owner of any holding, or portion of a holding, inchuh'd within the group whom tin; hoard may designate as secretary. The secretary may, in either case, recover any such contrihution, and shall aniiTially distribute all smdi contributions received hy him amongst tlu' owners entitled thereto.

T en an t riglit. (8) Notwithstanding anything contained in the Crown Lauds Acts, the owner of a holding shall have tenant right, as provided therein, in any rahhit-proof fencing erected or paid for hy him under this section : Provided that no lessee of Crown lands who, under the conditions of his lease, is or may he required to erect a rahhit- proof fence on tlu' houndaries of the land leased, shall he entitled to tenant right therein hy reason of anything in this subsection.

Amcndnienl of	30.	Section forty-six of the Principal Act is amended as
section 40 of

IVincipul Act. follows :—

(a)	in the first paragraph, hy suhstituting the words “ if the consent of the hoard has heen obtained hefore or after the making of the ring fence” for the n'ords “ with the consent of the hoard ”
(b)	in the third paragraph, hy suhstituting the words “the Crown shall tliereupon have the same rights and liabilities as regards the receijit or payment of contributions under the provisions of section forty-eight of this A c t” for the words “ the Crown shall thereupon hecomc liahlc in the same tvav.”

Act No. 20, 190G.

l^aslures JProleclion [Amendment).

31.                 Wlicrc tlic ]Miiuster 1ms agreed to the inclusion ol' any niniits I'n'i

])ul)lic lands within a group, any rights or liabilities thereby aeipiired or incurred by the Crown in respi'ct of such lands shall di'volve upon any jierson subsequently bi'cmning the owner of such lands, or any part therc'of, such rights and liabilities to be iu proportion to the area of such lairds owned by such person : Provided that where any contribu rs been ]iaid by the Crown towards the cost of the erection of a rabbit-proof ring fence enclosing the group, the Minister may require such owner to pay in the preserihed manner to the Colonial Treasurer a like proportion of the amount so paid.

J')cslruclion of j'abbil-s' and noxious animals.

32. Section llfty-Hvi' of the Principal Act is amendi'd by •■portion T)5 of .Viiii'iHlinent of

substituting th(' w ord srab b its or noxious anim als” for the words	rrincijwil Aft.
“ noxious animals.”

Procedure.

33. Section sixty-six of the Principal Act is amended by

Amondment of

section (It) of

adding the words “ "Where time is so allowed, the local land board may	rrineip ti l	Act.
order that interest at the rate of five per centum per annum be paid on the amount due in respect of such contribution, value, or sum of money.”

34. Section sixty-i'ight of the Principal Act is amimded by .sect ion GH of AnioTKlment of

inserting the words “ and the M'estern Lands A cts” after the words	Principul Act.
“ conferred by the Crown Lands Acts.”

35. Section seventy of the Ih'incijial Act is annmded by

Aniciulinent of

section 70 of

.snbstituting the word “ A ct” for the word “ Part” wlu'rever occurring	rrineiptil A -t.
in that si'ction.

Travelling sheep.

36. Section ninety-six of the Principal Act is amended as	section 9(1 of
Amendinent of

follows :— r i ' inc i2>;il Act.

(a)	In suhseetion om', by omitting the words “two hundred or more ” ;
(b)	in subsection one, by onutting the words “tbe district in Avhich such run is situated ” and inserting in lieu thereof, the words “ such run ” ;
(e)	in subsection one, by inserting after the words “siiecified in sneb pmanit” at tbe end of tbe first paragraph, the following jiroviso ;—“ Provided that such pmanit shall not be necessary in any case wbere sbeep are being removed from one run to another belonging to tbe same owner, sueb runs being not more tlian forty mih's a]iart ” ;
(d)	in subsection four, by adding tbe following words at tbc end of tbe subsection:—“ but sucb charges may in any ease be ri'funded by tbe lioard at its discretion.”

General

Act No. 21, 190G.

Moyal Alexandra Hospital f o r Children Incorporation Amendment.

General powers.

Minister may refer	37. The ]\l inistei’may refer to tlie local land board any question
to local land board

for report. as to the proposed inclusion of public lands within a group of holdings, or the granting of his consent to the erection of a private rabbit-proof fence on a boundary common to private and public lands, or as to any other matter which he may deem necessary or }>roper to be determined for the administration of this or the Principal A c t ; aird such board shall hear, examine, and report tiiercon to the Minister.

Legal procedure.

Amendment of	38. Section one hundred and iifty-nine of the Principal Act is
pection 159 of

Principal Act. amended—

(a) hy omitting paragraph (a) of suhsecdion one;

(b) by adding the following subsection ;—

(3) Any sum of money which any person is, in pursuance of this Act, required or made liable to pay may be recovered in a court of petty sessions, under the Small Debts liccovery Act, 1899, or in a district court.

Jiegnlations.

Ke^uliilions. 39. The Governor may exercise, for the purposes of this Act, tbe powers of making regulations conferred upon bim by section one hundred and sixty-nine of the Principal Act.