Pastures Protection (Amendment) Act 1951 (NSW)

PASTURES PROTECTION (AMENDMENT) ACT.

Act No. 39, 1951.

An Act to amend the Pastures Protection Act,

1934, and certain other Acts, in certain

respects; and for purposes connected there-

with. [Assented to, 7th December, 1951.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the "Pas tures

Protection (Amendment) Act, 1951".

(2) The Pastures Protection Act, 1934, as amended by subsequent Acts and by this Act, may be cited as the Pastures Protection Act, 1934-1951.

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2 . The Pastures Protection Act, 1934-1949, is

amended—

(a) (i) by omitting subparagraph (ii) of paragraph

(b) of subsection two of section twelve;

(ii)   by omitting paragraph (c) of subsection three of the same section and by inserting in lieu thereof the following paragraphs:—

(c) is the occupier of land in respect of which the return required by section

th i r ty-nine of th is Act, if any such, is requi red to be made, has been m a d e ;

(d) is not otherwise ineligible.

(b) by inserting next after the same section the following new section:—

12A. W h e r e a person has , e i ther before or

after the commencement of the Pas tu re s Pro tec ­ tion (Amendment ) Act, 1951, been convicted of an offence under section eighty-one or eighty- two of this Act and is subsequently convicted of an offence under ei ther of such sections, he shall—

(a)	if he is a chairman, deputy-chairman or di rector cease to hold office as such chai rman, deputy-chai rman or d i rec tor as from the da te of such las tment ioned convict ion;
(b)	be ineligible for election as a director for a per iod of th ree yea r s from the date of such las tmentioned conviction.

(c) (i) by omi t t ing from subsection four of section

th i r ty the word	" s i x p e n c e " and	by	inser t ing
in lieu thereof	the	word	" e i g h t p e n c e " ;

(ii)   by omitting from the same subsection the

words " t h r e e f a r t h i n g s " and by inser t ing

in lieu thereof the words " o n e p e n n y " ;

(d) by omit t ing subsection one of section forty-two

and by inser t ing in lieu thereof the following

subsect ion:—

(1) The Minis ter for Lands may upon the recommendat ion of the Minister w i t h d r a w any reserve or p a r t thereof from the control of a board.

Any such recommendat ion m a y be m a d e by the Minister of his own motion or after reference to the local land board of such ma t t e r s r e la t ing to the wi thd rawa l of any reserve or p a r t thereof from the control of a board as the Minis ter may think necessary.

The

The local land boai"d to which any such reference is made shall hear such reference and repor t thereon to the Minister .

The provisions of the Crown Lands Consolida­ t ion Act, 1913, as amended by subsequent Acts , regula t ing proceedings before local land boards in the ma t t e r of references to such boards under tha t Act, as so amended, shall, as far as pract ic­ able, be applied to proceedings before such boards in the ma t t e r of references to such boards under this subsection.

The Minister shall not be bound to adopt such
r epo r t and such r epo r t shall not be the subject

of an appeal or reference to the Land and Valua­

t ion Court .

(e) (i) by omit t ing from subsection two of section for ty- three the word " t e n p e n c e " and by inser t ing in lieu thereof the words " o n e sh i l l ing ' ' ;

(ii)   by omitting from the same subsection the words " o n e sh i l l i ng" and by inser t ing in lieu thereof the words " o n e shilling and s ixpence ' ' :

(iii)   by inserting in subsection seven of the same section after the word " s h a l l " the words " o r where such distr ict is s i tua ted in the

"Western Division m a y " ;

(f) by inserting in subsection two of section forty-

nine after the word " a r e " the words " o r a permi t officer for such dis t r ic t author ised in t ha t

behalf by the M i n i s t e r " ;
(g)	by omitting from section fifty all the words after
the word " p r o c e e d i n g " and by inser t ing in lieu

thereof the words—

produce for inspection—

(a) in the case where a permit or renewed permi t is required for the journey on which the stock are t ravel l ing—a permi t or renewed permi t for such journey ;

(b)

(b)	in the case where a travelling state­ ment is requi red for the journey on which the stock are t rave l l ing—a t ravel l ing s ta tement for such journey ;
(c)	in the case where a license is required for work ing large s tock—a work ing large stock license in respect of such s tock;
(d)	any other document under this or any o ther Act, the issue of which or the possession of which by the person in charge of the stock is prescr ibed as a condition necessary for t ravel l ing
such s tock;

(h)	by omitting from section sixty-one the words
" o n e p o u n d " and by inser t ing in lieu thereof
the words " t h r e e p o u n d s " ;

(i)   by omitting from section eighty-one all words after the words " s u m m a r y conv ic t ion" and by inser t ing in lieu thereof the words " f o r the first offence to a penal ty not exceeding fifty pounds and for any subsequent offence to a penal ty not

exceeding one hundred p o u n d s ' ' ;

(j) (i) by inser t ing a t the end of subsection two of section eighty-two the words " A n order may specify t ha t any prescr ibed method specified in the order may be used as a l ternat ive to any other prescr ibed method

specified in the	o r d e r " ;
(ii) by omi t t ing from subsection three of the

same section the words " a n d the work may

be carr ied out at his e x p e n s e " ;

(iii)   by omitting from subsection four of the same section the words " a n d of ca r ry ing out the work if it has not been carr ied out

by the occupier or o w n e r " ;

(iv)   by omitting subsection five of the same section and by inser t ing in lieu thereof the following subsections:—

(5) The boa rd may, upon not less than
seven d a y s ' notice of i ts intent ion so to do

being

being given to the occupier or owner of any land, by its officers, servants , agents or cont rac tors en ter upon such land and take such measures and ca r ry out such work as the board deems necessary for or with respect to the suppress ion and dest ruct ion of noxious animals thereon and the des t ruct ion a n d removal of harbour of noxious animals thereon.

(6) Any costs or expenses reasonably incur red by the board in the exercise of i ts powers under subsection five of this section may be recovered in any court of competent ju r i sd ic t ion by the board from the occupier or owner for the t ime being of the land in respect of which such powers were exercised a s a debt due and owing by h im to the board. The amount of any judgment recovered by the board under this subsection a n d of any costs awarded to the board in respect of its claim shall, no twi ths tanding the provisions of section one hundred and eighty-nine of the Conveyancing Act, 1919, a s amended by subsequent Acts , be a charge on the said land and such charge shall be a charge upon land wi th in the meaning of section one hundred and eighty- seven of the said Act, as so amended, and may be regis tered accordingly.

( k ) (i) by omit t ing from subsection two of section

ninety-one the word " f a r t h i n g " and by

inser t ing in lieu thereof the word " p e n n y " ;

(ii)   by omitting from the same subsection the

word " t w o p e n c e " and by inser t ing in lieu

thereof the word " f o u r p e n c e " ;

(l) by omitting from section ninety-two the words " a n d he may on the appl icat ion of a board in like manner exclude the pas tures protect ion dis t r ic t for which such board is const i tuted from t h e appl icat ion of th is D i v i s i o n " and by inser t ing in lieu thereof the words " o r to such

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parts of other pastures protection districts as- may be specified therein and he may in like- manner exclude any pastures protection district or part of any pastures protection district front the application of this Division".