Pastures Protection (Amendment) Act 1957 (NSW)

PASTURES PROTECTION (AMENDMENT) ACT.

Act No. 68, 1957.

Elizabeth II, All Act to provide for the appointment of rangers No. ^ 1 9 5 7 . p y pastures protection boards; to make

further provision with respect to the levying of rates by pastures protection boards; for these and other purposes to amend the Pastures Protection Act, 1934-1956, and certain other Acts; and for purposes connected therewith. [Assented to, 9th December, 1957.]

T )E it enacted by tbe Queen's Most Excellent Majesty, -D by and witb tbe advice and consent of tbe Legis­ lative Council and Legislative Assembly of Kew South. Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title 1. (1) This Act may be cited as tbe ‘Pastures Pro-

citation	tection (Amendment) Act, 1957” .
(2) Tbe Pastures Protection Act, 1934, as amended by subsequent Acts and by this Act, may be cited as the Pastures Protection Act, 1934-1957.

Amendment 2 . (1) The Pastiu’cs Protection Act, 1934-1956, is

60, 19d 4 .	9- ̂ 05?°' amended—
Sec. 4. (a) (i) by omitting from section four the definition
tion.)
(Interpreta­ of “ Inspector” ;

( h )

Pastures Protection (Amendment) Act. 499

(ii) definition of “ ‘Rabbit-proof’, ‘marsupial-

by inserting in the same section after the No. 68, 1957. definition:—■

“ Ranger” means ranger appointed in pursuance of section twenty-four of this Act.

(iii)  by omitting from the definition of “ ‘Travelling stock reserve’ or ‘reserve’ ” in the same section the words “ reserve for access to or crossing of water” and hy inserting in lieu thereof the words “ reserve for access or crossing (where the reserve is for the purpose of providing travelling stock with access to or a crossing of water whether expressly notified for that purpose or not)

(b) (i) by omitting from section twenty-one the Sec. 2i.

words “ inspectors of stock” and by (inspectors.)

inserting in lieu thereof the words

“ veterinary inspectors” ;

(ii)  by omitting from the same section the words “ inspector of stock” where firstly, secondly, fourthly and fifthly occurring and by inserting in lieu thereof the words ‘ ‘ veterinary inspector ’ ’;

(iii)  by omitting from the same section the words “ An inspector of stock” and by inserting in lieu thereof the words “ A veterinary inspector ’ ’;

(c) (i) hy omitting from section twenty-two the I3ec. 22.

words “ an inspector of stock” wherever (Temporary occurring and by inserting in lieu thereof “ ®P®®tor.) the words “ a veterinary inspector” ;

(ii)   by omitting from the same section the words “ inspector of stock” wherever occurring and by inserting in lieu thereof the words “ veterinary inspector” ;

( d )

500                 Pastures Protection (Amendment) Act.

No. 63, 1957, (d) (i) by inserting in subsection one of section

Sec. 24.	twenty-four after the word “ secretary”
(Other	where firstly and secondly occurring the
officers.)	word “ rangers” ;

(ii)  by inserting in the same subsection after the word “ Minister” where secondly occur­ ring the following paragraph;—

The board shall if so directed by the Minister employ a rabbit inspector and shall unless the Minister otherwise approves employ at least one ranger.

(iii)  by inserting in subsection two of the same section after the word “ secretary” the word “ rangers” ;

(iv)  by inserting in subsection three of the same section after the word “ secretary” wherever occurring the word “ ranger” ;

Sec. 30.

(e) by omitting subsection four of section thirty;

(Amount of

rate.)

Sec. 42.

(f) by omitting from subsection three of section

(Withdrawal

of lands	forty-two the word “ cost” and by inserting in
from	lieu thereof the words “ current value” ;
reserves.)

See. 48.	(g) (i) by omitting from subsection five of section
(Permits,

licenses and	forty-eight the words “ the inspector” and
travelling	by inserting in lieu thereof the words “ a
statements.)	ranger employed by the board” ;

(ii)  by omitting from subsection seven of the same section the words “ an inspector” and by inserting in lieu thereof the words “ a ranger” ;

Sec. 49.	(h) (i) by omitting from subsection two of section
st.arting

(Stock	forty-nine the words “ the inspector of” and
from	by inserting in lieu thereof the words “ a
previous
destination	ranger employed by the board fo r” ;

to pay^	(ii) by omitting from subsection five of the same
travelling

charge.) section the words “ the inspector, chairman

Pastures Protection (Amendment) Act. 501

or secretary” and by inserting in Hen thereof the words “ a ranger employed by or the chairman or secretary” ;

(iii)  by omitting from the same subsection the words “ an inspector” and by inserting in lieu thereof the words “ a ranger” ;

(iv)  hy omitting from subsection six of the same section the words “ the inspector” and by inserting in lieu thereof the words “ a ranger emxdoyed by the board” ;

(i)	(i)	by omitting from section fifty the words “an Sec.50. inspector” wherever occurring and by (Personsin inserting in lieu thereof the words “ atravdHng
ranger” ; stock to produce
(ii)	by omitting from the same section the words gtatenLnt
“ such inspector” and by inserting in lieu etc.) ’
thereof the words “ such ranger” ;

(j)	by omitting from section fifty-one the wordsoc. 5i.
“ ten” and by inserting in lieu thereof the word (Travelling stock to be

*'v » branded with letter T.)

(k) (i) by omitting from section fifty-three the Sec. 53.

words “ the inspector” and by inserting in

lieu thereof the words “ a ranger employed driven at

by the board” ; “ giit

’ without

(ii)  by omitting from the same section the word “ ten” and by inserting in lieu thereof the word “ fifty” ;

(1)	(i)
by omitting from section fifty-four the words So.:. 54. thereof the words “ a ranger employed by travfiung
the board” ; stock to notify
(ii)
by omitting from the same section the word inspector.) word “ fifty” ;

(m)

502                 Pastures Protection (Amendment) Act,

No. 68, 1957.	(m)	by omitting from section fifty-five the word
Sec. 55.	“ ten” and by inserting in lieu thereof the word
(Stock	“ fifty” ;
travelling past holding: notice to occupier.)

Sec. 56.	(n) by omitting from section fifty-six the word
(Stock

unattended

“ ten” and by inserting in lieu thereof the word

on reserves:

“ fifty” ;

depositing

rubbish.)

Sec. 57. (o) by omitting from subsection two of section in lieu thereof the word ‘‘fifty” ;

(Eoute.) fifty-seven the word “ twenty” and by inserting

'

Sec. 58.	(p) (i) by omitting from subsection two of section fifty-eight the words “ an inspector” and by inserting in lieu thereof the words “ a ranger” ;
(Bate of
travel.)

(ii)  by inserting at the end of the same subsection the following new paragraphs:—

The court before whom a person is convicted of an offence against the fore­ going provisions of this subsection shall, in addition to any penalty imposed, order such person—

(a)	where the offence was committed in respect of travelling within one district to pay to the board for that district; or
(b)	where the offence was committed in respect of travelling within two or more districts to pay to the board for each such district in such proportions as the court deems equitable,

agistment fees, as prescribed, calculated in respect of the number of days the stock were travelled in the course of the com­ mission of the offence in excess of the number of days the journey in respect of

which

Pastures Protection (Amendment) Act. 503

which the offence was committed would	68, 1957.
have taken had such stock travelled in the case of large stock at the rate of ten miles per day and in the case of sheep and of working large stock at the rate of six miles per day.
An order for the payment of agistment fees made under this subsection shall operate as an order for the payment of money under the Small Debts Eecovery Act, 1912, as amended by subsequent Acts, and be enforceable as such an order under the provisions of that Act, as so amended. The order may for such purpose be entered in the records of the court exercising jurisdiction under the said Act, as so amended, named in the order or if no such court is named, in the records of any court exercising such jurisdiction within the police district in which the order was made.

(q)

by omitting from section fifty-nine the words fSec. 59.

“ ten pounds” and hy inserting in lieu thereof (Stock	camping on
the words “ fifty pounds” ;	reserves.)

(r)

by omitting from subsection three of section Sec. 60. sixty the word “ ten” and by inserting in lieu (Abandon-

thereof the word “ fifty” ;

traveiifng

stock.)

(s)

(i) by omitting from section sixty-two the words Sec. 62.

“ inspector or” ; (Permitting

.. . . . stock to

(ii)

by inserting in the same section after the remain on words “ or a ranger employed by such board” ;

(t)

by inserting at the end of subsection three of Sec. 65.

section sixty-five the words “ Every owner or (Structures

occupier of land shall be entitled to access over on reserves—

a travelling stock reserve to and from the lands occupation

held by him to the nearest road where no access

to and from such lands by means of a road or

track is provided” ;

( u )

504                 Pastures ProtecticKi (Ameadmeiit) Act.

mr. 6&, 1957. (u) (i) by omitting from subsection one of section

Sec. 66.	sixty-six the words “ for the first offence to
(Stock	a penalty not exceeding twenty pounds, and
unlawfully
on a	for any subsequent offence” ;
travelling
stock

reserve.) (ii) (a) by omitting from subsection two of the same section the words “ an inspector” wherever occurring and by inserting in lieu thereof the words “ a ranger” ;

(b) by omitting from the same subsection the words “ The inspector” and by inserting in lieu thereof the words “ The ranger” ;

(iii) (a) by omitting from subsection three of the same section the words “ the inspector’’’ and by inserting in lieu thereof the words “ a ranger employed by the board” ;

(h) by omitting from the same subsection the words “ such inspector” and by inserting in lieu thereof the words “ such ranger” ;

(iv) (a) by omitting from' subsection (3a) of the same section the words “ the inspector” and by inserting in lieu thereof the words “ the rangers employed by the board” ;

(b) by omitting from the same subsection the words “ such inspector” and by inserting in lieu thereof the words “ any such ranger” ;

Sec. 70. (v) (i) by omitting from paragraph (b) of

(Improve­

subsection two of section seventy the words

ment of

public

“ shall be met out of the Western Division

watering-

Public Watering Places Fund, and where

places.)

there are no moneys or not sufficient moneys

in that fund” ;

(ii)

Pastures PreteetTOB (Amendment) Act. 505

(ii) by inserting- at the end of section seventy the following new subsection:— 6̂ 1957.

(3) Where by reason of the revocation or variation of a declaration of a public watering-place, any Crown land, or land acquired under the provisions of section one hundred and ninety-seven of the Crown Lands Acts for a watering-place, ceases to be a public watering-place or part thereof the board or the council of a municipality or shire shall be entitled to compensation from the Minister for Lands for any improvements effected by it on sudi Crovni land or land so acquired while controlling authority of such public watering-place.

Such compensation shall not in any case exceed tbe current value of such improve­ ments : Provided that no compensation shall be payable in respect of any improve­ ments effected out of moneys provided by Parliament.

"Wliere the ^rlinister for Lands and the board or council fail to agree in regard to the amount o-f compensation the amount shall bo determined by the local land board.

(w)

by omitting from section seventy-three the word s e c .73.

“ twenty-five” and by inserting in lieu thereof (Obstruc-

the word “ fifty” ;

(x)   by omitting from section seventy-four the w o rd sc c .7 4 .

“ ton” and by inserting in lieu thereof the word (Productiaa of permits,

n i t y j etc.)

(y)	by omitting from section seventy-seven the word Scc. 77. “ twenty-five” and by inserting in lieu thereof (Offencesby
the word “ fifty” ; etc')̂ *̂̂ ” ’
(z)	by omitting subsection three of section seventy- sce. 78.
eight; (Application of rents,

. , charges,

(aa) etc.)

506                 Pastures Protection (Amendment) Act.

No, 68, 1957. (aa) by omitting from subsection four of section

Sec. 82.	eighty-two tbe words “ An inspector” and by
(Power to	inserting in lieu thereof the words “ A ranger,
struction.)
order de­	rabbit inspector” ;

Sec. 84.	(bb) by omitting from subsection two of section
(Natural

enemies of	eighty-four the word “ ten” and by inserting in
noxious	lieu thereof the word “ fifty” ;
animals.)

Sec. 91.	(cc) by inserting at the end of section ninety-one (5) A special rate shall not be levied in pursuance of subsection one of this section after the commencement of the Pastures Protection (Amendment) Act, 1957.
rate.)

(Special the following new subsection:—

Sec. 95.	(dd) (i) by omitting from subsection three of
of Alsatian

(Destruction	section ninety-five the words “ an inspector”
dogs in	and by inserting in lieu thereof the words
certain
events.)	“ a ranger” ;

(ii)  by omitting from subsections four and five of the same section the word “ inspector” wherever occurring and by inserting in lieu thereof the word “ ranger” ;

Sec. 143.	(ee) by omitting from section one hundred and forty-
interfering

(Persons

three the word “ twenty-five” wherever occur­

with

ring and by inserting in lieu thereof the word

rabbit-proof,

“ fifty” ;

dog-proof,

and

marsupial-

proof

fences.)

Sec. 157a.	(ff) by omitting from section 157a the word
(Power to

enter and	“ inspector” and by inserting in lieu thereof the
inspect.)	word “ ranger” ;

Sec. 159.	(SS) (i) t)y omitting from section one hundred and
(Power to

order owner	fifty-nine the words “ An inspector” and
or occupier	by inserting in lieu thereof the words “ A
to muster.)	ranger” ;

(ii)

Pastures Protection (Amendment) Act. 507

(ii) by omitting from the same section the words “ the inspector” wherever occurring and hy inserting in lien thereof the words “ the ranger” ; ^^957.

(hh) by omitting from section one hundred and sixty- See. i64.

four the word “ inspector” and by inserting in (Obstructing

lieu thereof the word “ ranger” ;

authorise,t

under this

Act.)

(il) by omitting from paragraph (h) of subsection sec. ig9. two of section one hundred and sixty-nine the (Notices, word “ inspector” and by inserting in lieu to

thereof the words “ veterinary inspector, ranger, be received T1 -1 ‘ as evidence.)

rabbit inspector'’;

(ii) (i) by omitting from paragraph (h) of sub-Sec. i7i. section one of section one hundred and (Eeguia- seventy-one the tvord “ inspectors” and by

insei'ting in lieu thereof the words

' “ veterinary inspectors” ;

(ii)  by omitting from paragraph (i) of the same subsection the words “ an inspector” and by inserting in lieu thereof the words “ a

veterinary inspector” .

(2) All persons who immediately before the com­ mencement of this Act held office as inspectors of stock under section twenty-one of the Pastures Protection Act, 1934, as amended by subsequent Acts, shall be deemed to have been appointed as veterinary inspectors under the said section as amended by this Act and shall, subject to the Pastures Protection Act, 1934, as amended by subsequent Acts, continue to hold office as veterinary inspectors.

(3) In the consti'uction, and for the purposes of any Act, by-law, regulation, ordinance, or any other instrument or document whatsoever, of the same or a different kind or nature, any reference to an inspector of stock appointed under section twenty-one of the

Pastures

508                Pastures Protection (Amendment) Act.

Ko. 68, 1957. Pastures Protection Act, 1934-1956, shall be read, deemed

and taken to refer to a veterinary inspector appointed

under the said section as amended by this Act.

Amendment 3 . (1) The Noxious Insects Act, 1934-1954, is No. 22, 1934. amended by inserting next after section eleven the

New	following new section:—
sec. llA .

Surcharge of	1 1 a . ( 1 ) "Where by the culpable negligence or
directors

and servants	misconduct of any director or servant of a board
of a board.	required by section ten of this Act to make and levy a special rate there has been a deficiency or loss incurred in the making, calculation, notification, collection, payment or recovery of such special rate the Auditor-General may surcharge on such director or servant the amount of such deficiency or loss.
(2) The provisions of subsections two, three, four and five of section 19a of the Pastures Protection Act, 1934, as amended by subsequent Acts, shall apply, mutatis mutandis, to and in respect of such surcharge. For the purposes of this section the said subsections shall be deemed to be amended as follows

(a) by omitting from subsection two the words “ into the appropriate fund of the board” and by inserting in lieu thereof the words “ to the Colonial Treasurer” ;

(b) (i) by inserting in subsection four after the words “ the board” where secondly, fourthly and fifthly occurring the words “ or the Crown” ;

(ii)  by omitting from the same subsection the words “ into the appropriate fund of the board” and by inserting in lieu thereof the words “ to the Colonial Treasurer” .

(3) All moneys received by the Colonial

Treasurer pursuant to the provisions of this section

shall be paid into the Noxious Insects Destruction

Account. (2)

Pastures Protection (Amendment) Act. 509

(2) The Noxious Insects Act, 1934, as amended by

subsequent Acts and by this Act, may be cited as the

Noxious Insects Act, 1934-1957.

6^1957.

4 . (1) The Cattle Compensation Act, 1951-1956, is AmGudmcnt

am ended Act

amenueu 2C, 1951.

(a)

by inserting at the end of paragraph (c) of Sec. 12.

subsection two of section twelve the following (Estabiish-	ment
word and new paragraph:—■	of Fund.)

and

(d) all sums of money received by the Colonial Treasurer in pursuance of section IC f a of this Act;

(b)	by inserting next after section 16p the following New
new section:— sec. 16fa.

16fa. (1 ) Where by the culpable negligence surcharge of

or misconduct of any director or servant of a directors 1 T i l 1 1 *' 1 and servants

board there has been a dehciency or loss of aboard.

incurred in the making, calculation, notification,

collection, payment or recovery of any rate

under this Division of this Part of this Act the

Auditor-General may surcharge on such

director or servant the amount of such

deficiency or loss.

(2) The provisions of subsections two, three, four and five of section 19a of the Pastures Protection Act, 1934, as amended by subsequent Acts, shall apply, mutatis mutandis, to and in

. respect of such surcharge. For the purposes of this section the said subsections shall be deemed to be amended as follows :—

(a) by omitting from subsection two tire words “ into the appropriate fund of the board” and by inserting in lieu thereof the words “ to the Colonial Treasurer’ ’;

( b )

510 Speedway Racing (Public Safety) Act.

No. 68, 1957.	(i)	|jy inserting in subsection four after the words “ the board” where secondly, fourthly and fifthly occurring the words “ or the Crown” ;
(ii)	by omitting from the same sub­ section the words “ into the appropriate fund of the board” and by inserting in lieu thereof the words “ to the Colonial Treasurer” .

(2) The Cattle Compensation Act, 1951, as amended by subsequent Acts and by this Act, may be cited as the Cattle Compensation Act, 1951-1957.