Plague Grasshoppers Extermination Act of 1937 (1 Geo Vi No. 7) (Qld)

16584 GRASSHOPPERS. Plague Grasshoppers Extermination Act. 1 GEO. VI. No. 7, GRASSHOPPERS. 1 GNeoo.. 7V. I. An Act to Provide for the Extermination of Plague THE PLAGUE GRASSHOPPERS Grasshoppers, and for other purposes. EXTERMINA- TION ACT OF 1937. [ASSENTED TO 17TH SEPTEMBER, 1937.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short titlE'. 1. This Act may be cited as "The Plague Grasshoppers Extermination Act of 1937." Definitiom. 2. In this Act unless the context otherwise indicates the following terms have the meanings set against them respectively, that is to say:- District. " District "-A district to which this Act extends and is in "force; Land. " Land "-Land includes land of whatever tenure under which the land may be held, and includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land: the term also includes any railway, road, stock route, reserve, or common; . Local Authority. "Local Authority "-A Local Authority within the meaning of *" The Local Government Act of 1936 ": the term also includes Brisbane City Council constituted under t" The City of Brisbane Acts, 1924 to 1936 " ; Minister. " Minister "-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; Occupier. " Occupier"-The person in occupation ofany land. If reasonable inquiry by a member of or employee of or person authorised by a committee establishes that at the time of the commission of the alleged offence or other the * 1 Geo. VI. No. 1, 8upra, page 16035. t 15 Geo. V. No. 32 and amending Acts, 8upra, pages 11140 et 8eq.

GRASSHOPPEHS. 16585 1937. Plague Grasshoppers Extermination Act. material time within the meaning of this Act there was no occupier of the land, or if such person as aforesaid cannot after reasonable inquiry find the person who is such occupier, then the owner shall be deemed to be the occupier. The corporation, body, person, or persons having control of any railway, road, stock route, reserve, or common shall be and be deemed to be the occupier thereof; " Owner "-·-The person other than His Majesty Owner. who is for the time being entitled to receive the rent of any land or who, if the same were let to a tenant at a rack rent, would be entitled to receive such rack rent: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder; " Person "-Includes any partnership and any Person. body of persons corporate or unincorporate; " Plague grasshopper "-Any grasshopper of the Plague species known as Chortoicetes terminifera grasshopper. (Walk.) or of any other species of Acridiidre ; " Plague Grasshopper Destruction Committee" Plague or "Committee "-A committee constituted D Gr e a s s t s ru h c o t ~ i p o e n r under this Act for the destruction of plague Committee grasshoppers within a district: the term C~ mmittee. where necessary means and includes the chairman or any member thereof; " Prescribed "-Prescribed by this Act; Prescribed. " Tenure "-The term "tenure" with reference to Tenure. land includes without limit to its ordinary meaning any lease, license, or permission whatsoever from the Crown; "This Act "-This Act and all Proclamations, This Act. Orders in Council, and regulations made thereunder. 3. This Act shall extend to and be in force in such Operation districts of the State as the Governor in Council may of Act. by Order in Council declare.

16586 GRASSHOPPERS. Plague Grasshoppers Extermination Act. 1 GEO. VI. No. 7, This Act shall without the making of any Order in Council under this section be and be deemed to extend to and be in ·force in the districts comprising the Pastoral District of Moreton and the Pastoral District of Darling Downs. The Governor in Council may in like manner alter the boundaries of any district within which this Act is in force or may abolish any such district, including the districts comprising the Pastoral District of Moreton and the Pastoral District of Darling Downs. Plague 4. A Plague Grasshopper Destruction Committee C GD oe r ms a t s rm sh ui o et p te l t O p e e . n r pshaarltls b 0 fe wahpopsoeinarteedas bayrelWoc. Iathl I ' D autthheordiitsietrsI. cwt. hose areas or Such committee shall consist of such number of members as may be prescribed, or, if no number is prescribed, as the local authorities concerned shall think fit. Such local authorities may upon appointing such committee appoint one member thereof to be chairman and another member thereof to be the deputy chairman. Failing any such appointment the committee may appoint one of its members to be chairman and another of its members to be deputy chairman. Such committee so appointed shall be and be deemed to be a body corporate under the name and style of. the "[name of district] Plague Grasshopper Destruction Committee," and by that name shall have perpetual su.ccession and an official seal which shall be judicially noticed and shall be capable in law of suing and being sued. The committee may appoint a secretary and such other officers and employees as it shall deem necessary. Constitution .5. As soon as conveniently may be after this Act ~ ~ mmittee. has beene~ tendedto and is in force' in a district, the local authorities whose .areas or parts of whose areas are within such distriot shall hold a joint meeting of their .,members at a time ~nd place to be agreed upon between them fO:r thepurpo~ of appointing a committee: Provided that the Under Secretary, Department of Agriculture and Stock, may when this Act is extended to and comes into force in a district notify snch local l;tuthoritiesof the time and place for the holding of such joint meeting, and if such notification is given such meeting shall be held accordingly.

GRASSHOPPERS. 16587 1937. Plague Grasshoppers Extermination Act. At such meeting each member of any local authority concerned may attend personally or by proxy and shall have one vote. Moreover, the members of the local authorities concerned present personally or by proxy at such meeting may, notwithstanding that they do not constitute a majority of all of the members of the local authorities concerned, exercise the powers conferred by this section. The members of the local authorities concerned present personally or by proxy at such meeting may appoint such number of persons (not necessarily being members of any local authority concerned), as may be prescribed, or, if no number is prescribed, as they shall think fit, to constitute a committee under and within the meaning of this Act for the district concerned, and such persons so appointed shall without any further or other appointment whatsoever constitute and be deemed to constitute such committee. In the event of such .meeting not being held or in the event of such committee not being so constituted as aforesaid at such meeting, the Minister may appoint such number of persons as may be prescribed, or if no number is prescribed, as he shall think fit to constitute the committee for the district concerned and such persons shall constitute such committee accordingly. 6. The committees and members of the committees Existing respectively purporting to have been appointed prior to committees. the passing of this Act for the purpose of the destruction of plague grasshoppers in the district constituted by the Pastoral District of Moreton and the district constituted by the Pastoral District of Darling Downs shall upon the passing of this Act and without any further or other appointment whatsoever respectively become and be the committees and the members of the committees for such districts. 7. A committee may from time to time make, Rules. amend, and revoke rules for all or any of the following purposes, that is to say:-- (a) The regulation of the meetings and proceedings and the conduct of business thereat ; (b) The custody and use of the common seal of the committee;

16588 GRASSHOPPERS. Plague Grasshoppers Extermination Act. 1 GEO. VI. No. 7, (c) The tenure of office of members and the filling of casual vacancies ; (d) The number of members to constitute the committee and quorum at meetings thereof; (e) Disqualification from appointment to or holding office of member; (f) The appointment, functions, powers, and duties of sub-committees, and the number of members of any such sub-committee; (g) Such other matters as may be prescribed by regulation. The regulations may prescribe that the rule s of a committee shall be submitted to the Minister for his approval, and may prohibit the committee from repealing or amending any rule approved by the Minister or from passing any new rule without the approval of the Minister. Powers and 8. (1.) The powers and duties of a committee shall dcoumtiemsitotfee. be to take all proper steps within its district for the extermination of plague grasshoppers. Department (2.) The Department of Agriculture and Stock may Aofgriculture co-operate with any committee in the administration of may this Act. co-operate. Steps to be 9. (1.) The occupier or, if there is no occupier, then taken. the owner of any land within a district shall at all times during which larva] plague grasshoppers exist upon any place upon such land do and execute and continue to do and execute all such acts, matters, and things as are prescribed by the Schedule to this Act to be done or executed for the purpose of the destruction of larva] plague grasshoppers, and shall so do and execute and continue to do and execute all such acts, matters, and Schedule. things in the manner prescribed by the said Schedule. (2.) When any act, matter, or thing is prescribed to be done or executed for the purpose of the destruction of plague grasshoppers at any stage of existence other than the larval stage, the occupier or, if there is no occupier, then the owner of any land within a district shall at all times during which plague grasshoppers exist at such prescribed stage upon any place upon such land do and execute and continue to do and execute all such prescribed acts, matters, or things in the manner prescribed.

GRASSHOPPERS. 16589 1937. Plague Grasshoppers Extermination Act. 10. The Schedule to this Act shall form part of Schedule. this Act and such Schedule may from time to time or at any time be amended or added to or a new Schedule substituted in lieu thereof by Order in CounciL The power to amend· this Schedule shall include power to prescribe additional or other acts, matters, or things to be done or executed for the purposes of the destruction of plague grasshoppers in any prescribed stage of existence other than the larval stage, and moreover to prescribe the manner of doing or executing all such additional or other acts, matters, or things. 11. (1.) When any member of a committee or any Powers of person in the employ of or authorised by a committee committee. finds upon any land within the district larval plague grasshoppers he may issue an order to the occupier or, if there is no occupier, then to the owner of such land directing him either forthwith or within a time to be fixed by the order to do and execute all such acts, matters, and things as are prescribed by the Schedule to this Act to be done or executed for the purpose of the destruction of larval plague grasshoppers; and to do and execute all such acts, matters, and things in the manner prescribed by the said Schedule. (2.) When any member of a committee or any person· in the employ of or authorised by the committee finds upon any land within the district plague grasshoppers at any prescribed stage of existence other than the larval stage he may issue an order to the occupier or, if there is no occupier, then to the owner of such land directing him either forthwith or within a time to be fixed bv the order to do and execnte all such acts, matters, and things as may be prescribed for the purposes of the destruction of grasshoppers at such stage, and to do and execute all such acts, matters, and things in the manner prescribed.. 12. If any owner or occupier {ails to comply with When. the directions contained in an • y order of a member or emoamyIDelntftoerece employee of or person authorised by a committee served order. upon him, any person authorised by the committee with or without assistants may enter upon the land in question at any time and do all such things and take all such measures as may be necessary for the enforcement of such order.

16590 GRASSHOPPERS. Plague Grasshoppers Extermrinatio1t Act. .1 G:oo. VI. No. 7, The amount of any costs, charges, and expenses incurred by any person authorised by the committee in or about taking such measures as aforesaid shall in addition to or in lieu of any proceedings for the recovery of a penalty be a debt due and owing to the committee, and may be recovered by it from the occupier, or if there is no occupier then from the owner, of the land by action in any court of competent jurisdiction. Moreover such amount as aforesaid until paid shall be and remain a first charge upon the land and payable by the owner thereof for the time being: Provided that an unsatisfied judgment or order for the recovery of any such costs, charges, or expenses shall not be a bar to the recovery thereof from any other person liable to the payment thereof. Notice of 13. The occupier, or if there is no occupier, aopf pearance then the owner of any land in or upon which any plague plague grassh()ppers appear shall within twenty-four ghroapspse- rs. hours after the appearance thereof give written notice of such appearance to the committee. General powers of entry. 14. Any member or employee of or person authorised by the committee may at any time enter upon any land for the purpose of searching for and discovering plague grasshoppers.. Offences. Penalty. 15. (I.) Every person shall be guilty of an offence against this Act who- (a) In any manner ob • structs or impedes any person in the execution of any of the powers or in the performance of any of the duties conferred or imposed by this Act; or (b) Contravenes or fails to comply with this Act or any order given in pursuance thereof. (2.) If any person is guilty of an offence against this Act he shall be liable to a penalty not exceeding fifty pounds, and in addition liable to a daily penalty not exceeding two pounds for each and every day during which such offence is continued after a conviction therefor.

GRASSHOPPERS. 16591 1937; Plague Grasshoppers Exte1'minat'ion Act. (3.) All penalties incurred for any offence against Recovery of this Act may be recovered in a summary way under penalty. *" The J~ lstices Acts, 1886 to 1932," on the complaint of any person authorised by the committee. 16. (1.) In any proceedings for an alleged offence Evidence. against this Act it shall not be necessary to prove the appointment of the committee or the members thereof, or the secretary or other authorised person, or the authority of the authorised person to lay the complaint or to take the proceedings or to do any act or to give any direction or issue or serve any order. (2.) The production of any order purporting to be signed by any member or employee of or person authorised by a committee or of any certified copy thereof shall in the absence of proof to the contrary be sufficient evidence of the due making of such order and that it was duly signed by the person by whom it purported to be signed. The production of a certificate purporting to be signed by the secretary of the committee or of any certified copy thereof that any costs, charges, or expenses of an amount stated have been incurred by a person authorised by such committee upon any land under or for the purposes of this Act shall be prima facie evidence that costs, charges, or expenses were duly incurred and that the amount thereof so stated is the correct amount. (3.) In any proceedings for an alleged offence against this Act the averment in the complaint that any land is within a district shall be sufficient evidence of the fact so averred until the contrary is proved beyond reasonable doubt. 17. Where in any proceedings for an alleged offence Proof of against this Act or in any action for the recovery of costs, identity of charges, and expenses incurred under this Act it is ~ ~ nd and/or material to prove- . occupation, ( a ) That any Iand I · S t he Iadn ' III respect 0 f wh l ' C h &c., thereof. the offence alleged in such proceedings occurred, or in respect of which the costs, charges, and expenses for the recovery of which such action has been instituted were incurred; and/or * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

16592 GRASSHOPPERS. Plague Grasshoppers Extermination Act. 1 GEO. VI. No. 7, (b) That any person is the occupier or, as the case may be, the owner of the land in respect of which the offences alleged in such proceedings occurred, or in respect of which the costs, charges, and expenses for the recovery of which such action has been instituted were incurred- then and in every such case and until the contrary is proved beyond reasonable doubt- (i.) The land described in the complaint instituting such proceedings or in the plaint instituting such action, and/or in any order made under this Act which is admissible in evidence in such proceedings or action, shall be deemed to be the land in respect of which the offence alleged in such proceedings occurred, or in respect of which the costs, charges, and expenses for the recovery of which such action was instituted were incurred; and/or (ii.) The person alleged in the complaint instituting such proceedings or in the plaint instituting such action, and/or in any order made under this Act which is admissible in evidence in such proceedings ur action to be the occupier or, as the case mav be, the owner of the land in respect of which the offence alleged in such proceedings oce urred, or in respect of which costs, charges, and expenses for the recovery of which such action was instituted were incurred, shall be deemed to be such occupier or, as the case may be, owner. Immunity of 18. No member of a committee and no employee of authorised or person acting under the authority of a committee persons. shall be deemed to be a trespasser by reason of any entry or destruction under this Act, or be liable for any damages occasioned by the carrying-out of this Act unless the same were occasioned maliciously and without reasonable or probable cause. And no person shall be entitled to receive any compensation whatsoever in consequence of any measures lawfully taken for the eradication of any plague grass- hoppers or in respect of any loss or injury that may result to him therefrom either directly or indirectly.

GRASSHOPPERS. 16593 1937. Plague Grasshoppers Extermination Act. 19. No action, claim, or demand whatsoever shall Indemnity. lie or be made or allowed by or in favour of any person whomsoever against His Majesty or the Crown or the Minister, or against any local authority or chairman or member or clerk or officer or employee ofa local authority, or (except as otherwise provided in this Act) against any member of the committee in his personal capacity, or any officer or employee 01'- person authorised by the committee in their personal capacity, for or in respect of any damage, loss, or injury sustained or alleged to be sustained by reason of the passing of this Act or of its operation or anything done or purporting to be done under this Act. 20. (1.) Any notice, order, process, or other Seryice of document under thI' S Ac retqU'Ired or aut hOr' Ised t 0 be notICe, &c. given or served to or upon any person may be served- (i.) By delivering the same to such person; or (ii.) By leaving the same at his usual or last known place of abode; or (iii.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode. (2.) Any such document required to be given to or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the" owner" or" occupier" of the land in question (naming it), without further name or description. (3.) Any such document, if addressed to the owner or occupier of land, may be served by delivering the same or a true copy thereof to some person on the land, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land. (4.) The court may, if satisfied that there is no Court may OCCUp.Ier of such land and that the owner t hereof ' IS e p x ro p c a e r e t d e. absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint in respect thereof ex parte, and in such case the expenses of any such

16594 GRASSHOPPERS. Plague Grasshoppers Extermination Act. 1 GEO. VI. No. 7, proceedings ordered to be paid by the defendant shall until paid be and remain a charge on such land and payable by the owner thereof for the time being. When A~ t8 21. No act or proceeding purporting to be ~ ~ : ~ v~ : : J~ authorised by the committee shall be held to be invalid by reason that the committee was not properly con- stituted or by reason of any invalidity or irregularity in the appointment or tenure of office of any member or members of the committee. Crown 22. (1.) Any expenses incurred by the Crown in expenditure. or for the purposes of the administration of this Act shall be defrayed from Consolidated Revenue, which is hereby appropriated for this purpose. Expenditure (2.) Any local a~ thority whose area or part of generally. whose area is within a district may at its discretion pay from its general fund to the committee of such district such moneys as it shall thin;k fit for the purposes of this Act. (3.) Any committee is hereby authorised to raise moneys by way of public subscription for the purposes of this Act. Order in Council. 23. In addition to and without in any way limiting the powers of the Governor in Council under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such matters and things as will be calculated to give full effect to the objects and purposes of this Act. Regulations. 24.· The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. The power to make regulations hereby conferred shall without limit to its generality include the making of regulations in respect of all matters required or .permitted by this Act to be prescribed.

1937. GRASSHOPPERS. Plagne Grasshoppers Extermination Act. 16595 25. All Orders in Council, and regulations made Oraars in or purportI.ng to have been made under t h· IS A C t S ha 11 Creoguunlcattlioannsd be published. in the Gazette, and thereupon shall be of to form . the same effect as if they were enacted in this Act and ~~ ~ ~ of thIS shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Any such Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. The publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Counci1 or regulation. All Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; and if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. SCHEDULE. Acts mattM"S and things to be done and executed for the purpose of the Destr1wtion of Larval Plague Grasshoppers. Baits prepared from the materials and in the manner herein- after in this Schedule set forth shall be laid and kept laid in the manner hereinafter in this Schedule set forth on all places on any land where at any time larval plague grasshoppers exist, and upon a strip of land thirty feet in width surrounding every such placA. F '.

1659() GRASSHOPPERS. Plague Grasshoppers Extermination Act. 1 GEO. VI. No. 7,1937. The materials from which all baits shall be prepared shall be arsenic pentoxide, molasses, bran, and water in the following proportions :- Formula. i lb.· arsenic pentoxide 4 lb. molasses 2! gallons water 24 lb. bran and the manner of preparation of such baits shall be:- The required quantity of arsenic pentoxide shall be dissolved in one pint of boiling water in one container and stirred thoroughly. The required quantity of molasses shall be mixed with one pint of boiling water in another container and stirred thoroughly. The balance of the water shall be added cold to the two mixtures by dividing it between the two containers, and both mixtures stirred. The molasses solution and the arsenical solution shall then be mixed and stirred thoroughly. The required amount of bran shall be spread on a mixing board or large sheet of iron or other impervious surface, and the solution prepared as above added and the whole mixed to a moist, loose mass, making sure that no bran remains unmoistened. The mixed bait shall be kept in a loose state during transport to the field, and bulk supplies of bait kept covered to prevent loss of moisture. The manner of laying the bait shall be by scattering the bait in a finely divided state, as in the hand sowing of grain, thinly and uniformly in such quantity that bait representing approxi- mately thirty-six pounds of dry bran will be laid over each acre of ground baited.