Prickly-pear Act 1924 (NSW)
PRICKLY-PEAR ACT.
Act No. 31, 1924.
| An Act to make provision for the eradication of prickly-pear and for that purpose to consti- tute a Prickly-pear Destruction Board ; to provide for the supply of poison and other destructive agencies; to authorise certain advances out of the Consolidated Revenue Fund for the purpose of prickly-pear destruction ; to authorise the setting apart, leasing, or grant of prickly-pear infested areas of Crown lands upon terms and condi- tions providing for the eradication of prickly- pear ; to impose obligations to eradicate prickly-pear upon the occupiers of land and local authorities ; to repeal the Prickly-pear Destruction Act of 1901; to amend the Crown Lands Consolidation Act, 1913, and certain other Acts; and for purposes connected there- with. [Assented to, .'h-d December, 1924.] | BE |
BE it enacted b y the Kings M o s t Excellent Majesty,
by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and b y the authority of
the same, as fol lows :—
1 . (1) This Act may be cited as the "Prickly-pear Act, 1 9 2 4 , " and shall come into operation on a day to be fixed by the Governor and notified by proclamation published in the Gazette.
( 2 ) This Act applies to the Eastern and Central
Divisions of the State as established under the Crowr
Lands Act Consolidation Act, 1 9 1 3 . ( 3 ) The Governor may extend and apply any
of the provisions of Division 1 of Part I I I and the
provisions of Part V to the western Division of theState by proclamation published in the Gazette.
(4) This Act is divided into Parts, as follows :—
P A R T I . — P R E L I J I I N A U Y — s s , 1 - 3 . PART I I .—PRICKLY-PEAK, DESTRL'CTION BOARD — ss. 1-8.
P A R T I I I . — E R A D I C A T I O N OF P R I C K L Y - P E A R — s s . 9 - 2 4 . DIVISION 1 .—Priva te lands generally—ss. 9 - 1 3 .
DIVISION 2 . — P r i v a t e lands within a prickly-
pear zone—ss. 1 4 , 1 5 .
DIVISION 3 .—Crown lands—ss. 1 6 - 2 2 .
DIVISION 4 . — L a n d s controlled bij public bodies
—ss. 2 3 , 2 4 .
P A R T IV. —FINANCIAL— s s . 2 5 - 2 7 . P A R T Y . — G E N E R A L — S S . 2 8 - 3 4 . 2 . ( 1 ) The Prickly-pear Destruction Act of 1 9 0 1 is
hereby repealed.
( 2 ) All varieties of the cactus tribe declared by
the Governor or deemed to be prickly-pear for the purposes of the Act hereby repealed shall be deemed to have been declared to be prickly-pear for the purposes of this Act.
(3)
(3) All regulations made under the authority of the Aet hereby repealed and being in force at the time of the passing of this Act shall continue in force until repealed under the provisions of this Act.
3 . In this Act, unless the context or subject-matter otherwise indicates or requires—
"Authorised person" means any person acting under the authority of the board for the purposes of this Act.
" Board" means the Prickly-pear Destruction Board constituted under this Act, or where the Western Division of the State is concerned, the Western Land Board of New South Wales.
" C h a i r m a n " means chairman of the hoard, and includes the member of the board for the time being performing the functions of the chairman
thereof.
" C o u n c i l " means council of a municipality or shire.
"Crown l and" means any land other than private
land.
" E r a d i c a t e " means entirely destroy by fire or in the manner prescribed.
"Local land hoard" and " l and district" have the same meanings as in the Crown Lands Con solidation Act, 1913.
" M e m b e r " means member of the board. " Minerals " means minerals as denned in the Mining Act, 1900.
" Occupier" includes any person holding any lease, agreement for or promise of a lease of land, or a license to occupy land, or any person in actual possession or occupation of land, and includes the resident manager of land upon which the occupier does not reside. " O w n e r " includes the person in whom the right to obtain the fee-simple of land is vested, or the mortgagee of any such land, and includes the trustees of any land reserved temporarily or permanently, or permanently dedicated for any public purpose.
" Prescribed "
" Prescribed " means prescribed by this Act or the
regulations.
" Prickly-pear " or " pear " means the plant known by the botanical name of Opuntia, and any varieties of the cactus tribe which the Governor may declare to be prickly-pear; and includes all varieties of the cactus tribe declared by the Governor to be prickly-pear for the purposes of the Act hereby repealed.
" Private land" means land alienated by the Crown, or land which the holder is in course of pur chasing or has the right to purchase from the Crown, or land held under lease or license from the Crown for any period, or reserved or dedicated for any public purpose and vested in trustees or in respect of which trustees have been appointed.
" R e g u l a t i o n s " means regulations made in pur suance of this Act.
PART I I .
PRICKLY-PEAR DESTRUCTION BOARD.
Cons/if it/ion of the board.
4 . (1) For the purposes of this Act there shall be constituted a board to be called the Prickly-pear Destruction Board, which board shall, subject to the
direction and control of the Minister, be the authority
charged with the administration of this Act. (2) The board shall consist of three members, who shall be appointed by the Governor. The provisions of the Public Service Act, 1902, shall not apply to the appointment nor to the members during their tenure
of office. (3) Each member of the board shall, subject to this Act, hold office for a term of five years, but shall from time to time, upon the expiration of his term of office, be eligible for reappointment for a further period not exceeding five Years.
(4)
(4 ) Each member of the board shall receive
such remuneration and allowances as the Governor shall fix, and shall not, save with the sanction of the Governor, engage in any business or employment other than the duties of his office as a member of the board.
(5) The Governor may appoint one of the members to be the chairman of the board.
(0) Any two members of the board shall form a quorum, and may, subject to the provisions of this Act, as a majority, exercise all or any powers of the board.
(7) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that at the time when such proceeding or act was taken, done, or commenced, there was a vacancy in the office of any one member.
( 8 ) The Governor may remove or suspend any
member for misbehaviour or incompetence, and appoint another person in his stead or in the place of any deceased member. Such an appointment shall only be made for flu; balance of the term of the member whose office is vacated.
(9) A member may be removed from office—
(a)
if he shall engage during his term of office in any employment outside the duties of his office, except with the previous sanction of the Governor;
(b)
if lie becomes bankrupt, compounds with his creditors, or assigns his estate for the benefit of his creditors;
(c)
if he becomes an insane person, an insane patient, or an incapable person within the meaning of the Lunacy Act, 1 S 9 8 ;
(d)
if he is convicted of any felony or mis demeanour ;
(e)
if he shall absent himself from duty for a period of fourteen consecutive days, except on leave granted by the Minister (which leave he is hereby authorised to g ran t ) ;
(f)
if he shall become in any way concerned or interested in any contract or agreement made by or on behalf of the board or the Minister
under
tinder the provisions of this Act, or shall in any wise participate or claim to he entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom.
(10) Any member of the board who at the date of his appointment is an officer of the Public Service shall, in the event of his office on the board being dis continued, or in the event of the dissolution of the board, be eligible on the recommendation of the Public Service Board to be appointed to some office in the Public Service corresponding in classification and salary to that which he held at the date of his appointment to the board.
(1) There shall also be appointed by the Governor, on the recommendation of the Public Service Board, such officers as the Governor thinks necessary, who shall hold office during the pleasure of the Governor. Such officers shall receive such remuneration and allowances as shall be fixed by the Public Service Board and shall be subject to the provisions of the Public Service Acts during their tenure of office.
5 .
(2) For the purpose of carrying out the powers, duties, authorities, and obligations conferred or imposed upon the board by this Act the board, with the approval of the Minister of the department concerned, may make use of the services of any of the officers and employees of the Public Service.
Prickly-pear zones—Classification of lands.
6 . (1) The Governor may, upon the recommendation of the board, from time to time by notification published in the Gazette declare that any area of land specified therein shall be a prickly-pear zone for the purpose of this Act. (2) The board shall as soon as practicable after any such notification is published in the Gazette, and from time to time thereafter as prescribed, cause surveys and investigations to be made for the purpose of classi fying the lands situated within the zone.
(3) Lands shall be classified as follows :—
Class I.—Lands which arc not infested.
Class
Class I I . — Lands which are lightly infested ; that is to say, lands which, in the opinion of the hoard,
can reasonably in the circumstances of the case he entirely freed from prickly-pear within live years.
Class I I I . — Lands which are heavily infested; that is to say, lands which, in the opinion of the;
hoard, can reasonably in the circumstances of the case be entirely freed from prickly-pear within a period of ten years.
Class I V . — Lands which are very heavily infested; that is to say, lands which, in the opinion of the hoard, cannot in the circumstances of the case
be profitably cleared.
(4) In classifying lands, the board may classify
into the different classes specified in the last preceding subsection different parts of a holding owned or occupied
by the same person ; and in arriving at an opinion as
to the time within which the land can be freed from prickly-pear, regard shall be had to all the circumstances of the case, to the cost of eradicating the pear, and to the situation and value of the lands affected.
(5) The board shall cause to be prepared maps
showing—
(a)
the boundaries of all parcels of private lands within the zone ;
(b) the internal subdivision fences upon such lands ;
(c) the position and boundaries of all roads, re serves, and vacant Crown lands within the
zone.
The maps shall also, so far as practicable, indicate the tenure upon which any private lands are held, and shall
by colour show the approximate position, area, and
boundaries of the lands classified into the classes
mentioned in subsection three of this section.
The maps shall be added to and revised from time to time, and so far as possible shall be charted with the
most recent information available.
(i)) The board shall in the month of Ju ly in each
year forward to the Minister a report setting out such
of the details of every such classification as may be
prescribed.
(7)
(7) A copy of the report shall be lodged in the
office of the Crown lands agent of the land district affected, in the Department of Lands, Sydney, and also
in the office of the Registrar-General.
7. The board shall for all purposes of this Act,
subject to the direction and control of the Minister, also
have and be charged with the following powers andduties, that is to say :—
(a) The control of all expenditure under this Act.
(b) The power of appointing workmen for the purposes of this Act, and the power to dis continue the employment of such workmen and to disrate or suspend any of them. (c) Such powers, authorities, duties, and obliga tions as may from time to time be prescribed by the regulations with respect to any land
within a prickly-pear zone which is held in
fee-simple, or which is held under any lease, license, or any other form of tenure whatsoever
from the Crown under the Act hereby repealed,or this Act, or any other Act.
(d) The enforcement of the conditions and cove nants contained in any lease, license, or other tenure under the Crown Lands Consolidation Act, 1913, the Closer Settlements Acts, the Forestry Act, 1910, or the Returned Soldiers
noxious plants, so far as relates to prickly-pear. Settlement Act, 191G, for the destruction of For this purpose wherever in the Act hereby re pealed, or in any of the said Acts, the Minister is empowered or required to exercise or discharge any power, authority or duty with respect to or in relation to land held under lease or license
or other tenure, the same shall be exercised or discharged by him with respect to land within a prickly-pear zone upon the recommendation of the board, and the said provisions of the Act hereby repealed and of the said Acts shall be
construed accordingly.
(E)
(e)
The manufacture, purchase, or other provision of poisons, specifics, destroyers, apparatus and appliances for the destruction or prevention of prickly-pear, and the sale, supply, distribution,
or disposal of same to any persons for the
purposes of this Act.
(f) The adoption and carrying out of all or any means and methods, whether mechanical, biological or otherwise, for the destruction or
prevention of prickly-pear, and the acquirement and dissemination of information and the giving of directions relating to the purposes and use of the same, and the enforcement of
all such directions by prescribed means and
remedies.
(g) The administration of the regulations.
(h) The carrying out of prickly-pear clearing operations. (i) Generally the power and responsibility of carrying the provisions of this Act into execu tion, and of effecting all matters and things necessary for the proper administration of this
Act.
8. (1) The Minister may, upon the recommendation
of the board, arrange with the council of any area or any
pastures protection board to exercise and perform any function or duty in aid of the board in the exercise of its administrative functions under this Act. And every such council or board shall have authority to and shall
exercise and perform such function or duty accordingly. (2) The expenses incurred by a council or pastures protection board, acting in accordance with the arrange ment, may be defrayed out of the Prickly-pear Destruction Fund.
P A R T
P A R T I I I .
E R A D I C A T I O N OF P R I C K L Y - P E A R .
D I V I S I O N 1 .—Pr iva te lands generally.
9. It shall be the duty of every owner and occupier
of land, without any notice in that behalf, to keep and
maintain entirely free from prickly-pear any land of which he is the owner or occupier and which is at the date of the commencement of this Act or which at any time thereafter becomes free from prickly-pear, and if he fails to do so without reasonable excuse such owner or occupier shall be liable to a penalty not exceeding twenty pounds for the first offence and not exceedingfifty pounds for any subsequent offence.
10 . (1) "Within six months of the commencement of
this Act and thereafter during the month of February in each year the owner or occupier of private land on which there is growing any prickly-pear shall furnish, or cause to be furnished as prescribed, to the board a return in the prescribed form stating—
(a) the area on which prickly-pear is growing; and
(b) what steps he has taken, is taking, or intends taking to destroy the prickly-pear; and (c) any other prescribed particulars. (2) I f a return is not furnished in pursuance of
this section in respect of any land, the owner or occupier
of the land shall be liable to a penalty not exceeding
twenty pounds.
board is not satisfied that the owner or occupier is pear is growing on any area of private land and the 1 1 . (1) Where it is found by the board that prickly- taking reasonable and effective measures to free the land from prickly-pear, the board may give notice to the owner or occupier of the land to free the land from prickly-pear.
(2) The notice shall be in or to the effect of the form prescribed in that behalf, and may state different periods of time within which particular parts of the land to be described in the notice or indicated on a sketch accompanying the notice shall be freed from prickly-pear to the satisfaction of the board.
(3)
(3) I t shall he the duty of every owner and
occupier of land upon whom such notice is served to
take prompt and effective measures to free the land from prickly-pear in accordance with the requirements
of the notice.
(4) I f an owner or occupier fails to comply in
any particular with a notice served upon him under this
section he shall be liable to a penalty not exceeding
ten pounds for the first offence and not exceeding
fifty pounds for a second offence.
12 . (1) I f the board is satisfied that an owner or
occupier upon whom a notice under the last preceding section has been served is not taking prompt and effective measures to eradicate the prickly-pear, the
board may, after notice in that behalf in the prescribed
form, enter upon any such land and may by its
authorised agents and workmen take such measures to eradicate the prickly-pear as to the board may seem right and proper in the circumstances of the case.
(2) Any costs and expenses incurred by the
board in the exercise of its powers under the last preceding subsection shall on demand be repaid to the board by the owner or occupier thereof, and until so repaid shall upon registration be a charge upon the said land. Such charge shall rank pari passu with any charge under any other Act, may be evidenced by a
certificate in the prescribed form under the hand of the
chairman of the board, and may be registered in the
office of the Registrar -General in manner prescribed by
| regulations made under the Conveyancing Act, 1919. |
1 3 . The Minister, on the recommendation of the board, may enter into an agreement with the owner or
occupier of any land—
(a) for the supply of poison or appliances for destroying prickly-pear on the land, either free of cost or on such terms as may be
prescribed or agreed upon ;
(b)
for the payment of such advances by way of loan to assist in destroying prickly-pear on the land, as may be agreed upon.
Any
Any such advance may he repayable by instalments extending over a term not exceed ing twenty years, and interest at a rate not
exceeding six per centum per annum shall be
charged thereon.
DIVISION 2 . — P r i v a t e lands within a prickly-pear zone. 14 . Where an area of land is classified under
section six of this Act as being within Class I V of the
lands therein mentioned, the Minister, on the recom mendation of the board and with the sanction of the Governor and notwithstanding anything to the contrary in the Crown Lands Consolidation Act, 1913, or anv other Act, may enter into an agreement to accept the surrender of the land together with all improvements thereon without compensation on behalf of the Crown conditionally on the owner or holder -
(a) surrendering such part of his holding as may be agreed upon ;
(b) paying in such instalments as may be pre scribed the cost of survey ;
(c) erecting at his own cost a fence, to be approved by the board, to divide the land from the
remainder of his holding ;
(d)
clearing of prickly-pear a strip at least ten feet wide within and around the land to be surrendered ;
(e) keeping clear of prickly-pear the said strip for
(f) complying with such other conditions as the a period of at least five years ; Minister, on the recommendation of the board, may consider advisable.
1 5 . (1) At any time within six months after the
commencement of this Act or such further time as the
Minister on the recommendation of the board may allow
the holder of a lease under the Act hereby repealed, or the holder of any purchase or lease from the Crown under the Crown Lands Consolidation Act, 1913, within
a zone to which is attached any conditions relating to
prickly-pear may give notice in writing under his handor under the hand of his agent to the Minister that he
desires
desires to have his holding considered by the hoard.
Every such notice shall be in the prescribed form or to
the like effect, and shall be referred by the Minister to
the board.
(2) Upon receipt of such notice the board shall
take such holding into consideration, and in so doing shall be guided by the following provisions :—The board shall consider—
(a) the conditions of the tenure of the holding and in particular the conditions relating to prickly- pear, taking into due consideration— (i) the state of the land with respect to prickly-pear;
(ii) the compliance or non-compliance, as the case may be, by the holder with the subsisting conditions of his holding;
(iii) the expenditure incurred by him and that may be required to be incurred by him in compliance with such conditions
or any modification thereof;
(b) the extent to which the holding comprises land which is suitable for agriculture or mixed farming purposes ;
(c)
the proximity or otherwise of the holding to an existing or proposed line of railway or main road or to existing or probable agri cultural settlement;
(d) the public interest,
and shall report to the Minister upon—
(i) all the conditions that should be made applic
able to the holding; (ii) what modifications of the subsisting conditions
of the holding should be made;
(iii) what reduction (if any) in rent, price, or capital value should be made in respect of the holding;
(iv) what extension (if any) of lease, not in any
case exceeding forty years from the date of the
report, should in the opinion of the board be
granted.
(3) The Minister may on receipt of the report refer the same back to the board for further information or modification.
(4)
(4) I f the Minister approves of the report
whether as originally presented or as modified he shall submit the report so approved to the Governor for approval and for directions as to the manner in which the report is to be carried out.
(5) I f the holder of the holding elects in the
prescribed manner to accept the holding upon the terms and conditions indicated in the direction of the Governor then the Minister may, notwithstanding the provisions
of any Act, proceed to take all such steps as are necessary
to give effect to the report or as the Governor maydirect.
((!) This section shall apply only to lands which
are classified within Classes I I I and I V .
D I V I S I O N 3.— Crown lands within a prickly-pear zone. 16 . (1) I t shall be lawful for the Minister on the
recommendation of the board and with the approval of the Governor to enter into an agreement with any person providing for the grant to such person of any portion of Crown land situated within an area classified as being within Class I V referred to in section six of this Act in consideration of such person freeing such land from pear without cost to the Crown.
(2) The area of land to be included in any such
grant under any one agreement shall not be less than two acres and shall not exceed five thousand acres,
agreement may be made with the same person. which need not be in one block. But more than one (3) Every such agreement shall be in writing, and shall be signed by the Minister and the other party to the agreement, and shall contain such provisions as, in the opinion of the Minister, are necessary and proper
for securing the performance of the agreement and for effectively securing the eradication of pear, and shall
provide, inter alia—
(a)
that during each year of the period mentioned in the agreement a specified portion of land shall be freed from pear ; and
(b)
(b)
that land which has been freed from pear, and that part of the area which at the date of the agreement is not infested with pear, shall be kept free from pear ; and
(c)
that the whole of the land required to be freed from pear under the agreement shall be so freed within a specified period, and no agree ment shall be made for a term which shall
exceed ten years.
( J ) Any such agreement shall he binding upon,
and may be enforced by, the Crown.
(5) When the land agreed to be freed from pear
has been freed from pear, the person who made the agreement with the Minister, or his successor in title, shall be entitled, if the terms of the agreement have been complied with, upon payment of the survey fee, deed fee, and stamp duty, to a grant in fee-simple of the land, and the Governor shall issue such grant in the form prescribed.
The grant shall contain a reservation of any minerals which the land may contain.
(0) Where any part of the land is within ;L
reserve under the Mining Act, 1906, the agreement
shall, before being submitted to the Governor for
approval, be referred to the Secretary for Mines for report as to what provisions (if any) should be incor porated therein relating to mining.
| purposes of the Mining Act, 1900, and Acts amending (7) Until the grant is issued the land for the | the same, shall be deemed to be Crown lands within the |
| meaning of those Acts. |
17 . Any Crown land within a zone classified under
section six of this Act as being within Class I I I or I V
of the lands therein mentioned may, upon the recom
mendation of the board, be leased by the Minister by auction or tender, or upon application made as prescribed, for any term not exceeding fifty years, in such areas, at such rent (nominal or otherwise), and upon such conditions as he may upon the recommenda tion of the board determine, and the Minister may upon
the
the recommendation of -the hoard clear and keep clear a strip of land ten feet wide where pear-infested Crown lands adjoin a holding which has been cleared and is kept free of pear.
18 . I f there is prickly-pear on any land which is
a common, or which has been reserved (temporarily or
otherwise) or dedicated by the Crown for a public
purpose ; and if—
(a)
the prickly-pear on such land is not eradicated within three months after service on the trustees of such land of a notice by the board requiring them to eradicate such prickly-pear,
or within such further time as the board may
allow; or(b)
the trustees of such land, within the time aforesaid, inform the board that they are unable to eradicate such prickly-pear; or
(c) there are no trustees of such land ; or
(d) any lease granted under this section is forfeited, the Minister, on the recommendation of the local land board, may lease such land by auction or tender, or upon application made as prescribed, for any term not
exceeding fifty years, in such areas, at such rent,
nominal or otherwise, and upon such conditions as he may determine. Any rent received in respect of any such lease shall be paid into the Consolidated Revenue Fund.Any laud so leased shall, during the currency of the
lease, be free from all trusts and all rights of common. The Minister, upon the recommendation of the board, may enter into an agreement with any council
1 9 .
for the eradication of prickly-pear on any Crown land
within its area, upon such terms as may be agreed upon, and such agreement shall he binding upon and enforceable by the Crown.
2 0 . (1) A lease granted under this Act shall contain
such provisions as may be deemed advisable by the
Minister upon the recommendation of the board for the
eradication of pear, and for keeping the land free from
pear, and such other conditions as may be prescribed.
(2)
(2) I t shall he a condition of the lease that the
Minister may by notification published in the Gazette,
without paying any compensation other than for im provements effected in terms of the lease or with the approval of the Minister, withdraw from the lease any land, not exceeding in area one acre, required for any public purpose.
(3) The lease shall not be transferred or assigned
or sublet without the consent of the Minister upon the
recommendation of the board. Application for such
consent shall be made in the manner prescribed.
(4) The boundaries of the lease shall be defined
by survey. The cost of survey shall be paid by the lessee, and may be paid in instalments extending over a
period of ten years, with interest at the rate prescribed.
2 1 . (1) The Minister, upon the recommendation of
the board, may extend the term of any lease granted under this Act or the Act hereby repealed on such con ditions as he may upon the recommendation of the board determine :
Provided that the term of the lease, including any such extension, shall not exceed fifty years from the commencement of the lease.
(2) The Minister, upon the recommendation of
the board, may accept a surrender of any such lease as
to the whole or any part of the land leased.
2 2 . (1) The Minister, upon the recommendation of
the board, by notice in the Gazette, may forfeit any
lease granted under this Act or any Act hereby repealed,
if the terms and conditions of such lease are not complied,
| become the property of the Crown. | with by the lessee, and all improvements thereon shall | (2) The Minister may also, upon a like recom |
mendation and by a like notice, forfeit any lease granted under the Crown Lands Acts where he is satisfied that the lessee has failed after notice in that behalf to eradicate pear, whether or not a condition of the lease requires pear to be destroyed; and in any such case an inquiry by the local land hoard will not be necessary notwithstanding any provision in any Act or the con ditions of any lease.
L (3) (3) The lessee shall receive the prescribed notice
of the intention to forfeit the lease and may in the
prescribed manner appeal to the Land and Valuation Court, which may inquire into the case and make such order therein as may to the court seem just.
(4) Any such forfeiture shall take effect on the publication in the Gazette of the notice, and thereupon the land shall be reserved from sale or lease under anyAct until otherwise notified by the Minister in the
Gazette.
D I V I S I O N 4 . — L a n d s controlled by public bodies. 2 3 . (1) A council shall within the time specified in
a notice in that behalf served on it by the Minister, or within such further time as the Minister may allow, eradicate prickly-pear on any road, street, or land under its control,and shall keep the same free from prickly-pear.
I f any council fails to carry out the provisions of this
section, it shall be liable to a penalty not exceeding
ten pounds for the first offence and not exceeding fiftypounds for the second and any subsequent offence.
(2) An authorised person may also enter upon
the said land and destroy any prickly-pear growing upon such land, or upon any road or street, and the Minister may recover the cost of such work from the council.
(3) For the purpose of defraying the expenses
incurred by it in the eradication of prickly-pear, a
council may, under the Local Government Act, 1919,and any Act amending it, make and levy a special or a
local rate on the unimproved or on the improved capital
value of ratable land in its area, or in a portion of its area.(1) No poll shall be taken on the question
whether the rate shall be made.
(5) Such rate may be made and levied notwith
standing that the amount of rates levied in the area would exceed or exceeds that prescribed by the said Acts.
(6) A council shall not be liable to a penalty
under subsection one of this section nor shall the
Minister be entitled to recover from the council the costs of any work under subsection two of this section
if,
if, during the twelve months preceding the dale of the
prosecution, or the carrying out of the work, as the
case may he, the council has incurred an expenditure
of two hundred and fifty pounds under this section.
(7) A council may defray any expense incurred
by it under this section out of the general fund of the
council.
2 4 . (1) I t shall be the duty of a Pastures Protection
Board to take all necessary steps to eradicate all prickly-
pear on any stock route or reserve under its control, and
to keep the route or reserve free from prickly-pear.
(2) For the purpose of defraying the expenses
incurred by it in the eradication of prickly-pear, a Pastures Protection Board may levy and assess, in manner set out in section eighteen of the Pastures Protection Act, 1912, a special rate in addition to the rate mentioned in that section, not exceeding in the annual aggregate one penny per head of large stock and one-eighth of a penny per head of sheep. The
second proviso to subsection one of the said section
shall not apply to such a special rate, but with that
exception the provisions of the said Act shall be deemed
to extend to such a special rate.
(3) When land is withdrawn from the control of
a Pastures Protection Board, the Minister may, out of
any funds available for the purpose, compensate the Pastures Protection Board in respect of their expendi ture on prickly-pear destruction upon the land.
P A R T I V . F I N A N C I A L .
Prickly-pear destruction fund.
2 5 . There shall be kept in the Treasury, as a special
deposits account, a fund to be called " T h e Prickly-pear Destruction Fund." All moneys expended or advanced
under
under and for the purposes of this Act shall be paid out of such fund. All moneys (other than rents) received under this Act shall he paid into such fund. The fund shall be under the direction and control of the Minister and shall, subject to this Act, be applied by him for the purpose of the administration and execution of this
Act, and for no o ther purpose whatsoever.
2 6 . During a period of five years from the first
day of January, one thousand nine hundred and twenty-
five, there shall be paid to the credit of the fund in each
year out of the Consolidated Revenue (which is hereby appropriated for the purpose) the sum of thirty thousand pounds, and such additional sums as may from time to time be provided by Parliament for the purpose.27 . Out of the said fund the Minister may, on the
recommendation of the board, make grants' to assistcouncils, pastures protection boards, and trustees of commons, cemeteries, or reserves in carrying out their
obligations under this Act .
PART V.
G E N E R A L .
Offences—Penalties.
2 8 . Any person who scatters or causes to be scattered the leaves or seed of prickly-pear upon any land, or throws or places or causes to be thrown or placed the same into any river, stream, creek , or watercourse, whether containing water or not, or cuts and leaves any prickly-pear in such a position on the banks of any river, stream, creek, or watercourse, that by reason of floods or otherwise it is liable to be swept or floated into such river, stream, creek, or watercourse, shall be liable to a penalty not exceeding fifty pounds.
2 9 . Any person who commits a breach of this Act
for which a penalty is not specially provided, shall for
every such offence be liable to a penalty not exceeding
ten pounds.
3 0 . (1) Any penalties imposed by this Act or by
any regulation thereunder may be recovered before any stipendiary or police magistrate or any two justices in petty sessions.
(2) In any proceedings under this Act for the
recovery of money or for the recovery of any penalty the
jurisdiction of the court or justices before whom the proceedings are pending shall not he ousted on the ground that any question of title to land is involved or on the ground that the defendant does not reside within the boundaries of the jurisdiction of the court or justices where the action or proceeding was instituted if the land in respect of which the claim arose or in respect of which an offence is alleged to have been committed is situated within the boundaries of the jurisdiction of such court
or justices.
3 1 . Whosoever—
(a) falsely represents himself to be or personates a member of the board or an inspector ; or
(b)
not being a member of the board or an inspector or a person authorised in writing by the board, or a person lawfully acting under the provisions of this Act, trespasses upon any private land for the apparent purpose of eradicating prickly-pear,
| shall be liable to a penalty not exceeding twenty pounds. |
3 2 . Whosoever hinders or obstructs a member of the board or inspector, or any person acting under the authority of the Minister or the board, or of a member
of the board or an inspector, in the discharge of any
duty or the doing of any work imposed or authorised
by this Act, or causes him to be so hindered or
obstructed, shall be liable to a penalty not exceeding
twenty pounds.
Notices.
3 3 . (1) Notices under this Act or the regulations shall be in the form prescribed.
(2)
(2) Any such notice, unless otherwise pre
scribed, shall be deemed to be sufficiently given or
served—
(a) if left with the person to whom it is addressed, or left with some person at his usual or last
known place of residence ; or
(b) if sent to him by a registered letter through the post: or (c) if inserted twice a week for two consecutive weeks in some newspaper published in Sydney, and once a week for two consecutive weeks in some newspaper published in or near to the locality in which the land to which it relates is
situated.
In case of service under paragraphs (a) or (b) a
statutory declaration of such service shall be sufficient
proof thereof.
In case of service under paragraph (c) the production
of the newspapers containing such insertions shall be
proof of the due service of such notice.
(3) The description in a notice under this Act
of any private land need not particularly define the
land, but shall be sufficient if it allows no reasonable
doubt as to what land is referred to.3 4 . ( f) The Governor may make regulations pre
scribing the forms to be used under this Act, and
providing for payment of fees, and generally as to all matters required or permitted to be prescribed or which may be considered necessary or convenient for giving effect to the objects and provisions of this Act. (2) Such regulations may impose a penalty, not
exceeding ten pounds, for any breach thereof.
(3) Such regulations shall—
(i) be published in the Gazette ;
(ii) take effect from the date of publication, or from a later date to be specified in such regulations; and
( i i i )
(iii) be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the com- mencement of the next session.
If either House of Parliament passes a resolution of which notice lias been given at any time within fifteen sitting days after such regulations bave been laid before such House disallowing any regulation or part thereof, such regulation or part shall therefrom cease to have effect.
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