STATUTORY RULES.
1929.
No. 21.
BY-LAWS
UNDER THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1924-1928.
IN pursuance of the
powers conferred on it by section sixteen of the Seat of Government (Administration) Act 1924-1928, the Federal Capital
Commission hereby makes, subject to the approval of the Governor-General, the
following By-laws to come into operation forthwith.
Dated
the twenty-ninth day of November, 1928.
The
Common Seal of the Federal Capital Commission was hereunto duly affixed in the
presence of—
J. H. BUTTERS,
(l.s.)
Chief Commissioner.
C. S. DALEY,
Secretary.
Approved
in Executive Council this twenty-seventh day of February, 1929.
STONEHAVEN
Governor-General.
By His Excellency’s
Command,
C. L. A. ABBOTT
Minister of State for
Home Affairs.
Protection of
Lands By-laws.
Short
title.
1. These By-laws may be cited as the
Protection of Lands By-laws.
Definition.
2. In these By-laws, unless the
contrary intention appears—
“Lands”
means lands vested in the Commission in pursuance of the Seat of Government (Administration) Act 1924-1928;
“Permit”
means a permit issued under these By-laws;
“Public
Place” means any place which the public are entitled to use.
“Public
road” means any road which the public are entitled to use.
Delegation
by Commission.
3.—(1.) The Commission may delegate
any of its powers and functions under these By-laws (except this power of
delegation) in relation to any matters or class of matters, so that the
delegated powers and functions may be exercised by the delegate with respect to
the matters or class of matters specified in the instrument of delegation.
(2.) Every delegation under this By-law shall be
revocable at will and no delegation shall prevent the exercise of any power or
function by the Commission.
Sand,
gravel, &c., not to be taken without permit.
4.—(1.) A person shall not, without a
permit in that behalf issued, under these By-laws, take from any lands any
stone, shell, sand, gravel, clay or earth.
Penalty: Ten pounds.
435.—Price 3d.
(2.) The Commission may, for such period as it think
fit, by notice published in the Gazette, suspend
the operation of this By-law in respect of any substance or in respect of any
lands, and this By-law shall thereupon cease to apply in respect of that
substance or those lands, as the case may be, until the expiration of the
period of suspension, or until the suspension is sooner revoked, whichever
first happens.
(3.) The Commission may, at any time, by notice
published in the Gazette, revoke any
such suspension.
Power
to grant permits.
5.—(1.) The Commission may issue
permits to go upon any lands and to take therefrom any substance referred to in
the last preceding By-law.
(2.) A permit may be limited to any particular
substance, and to any particular lands, district or locality.
(3.) A permit shall continue in force for the period
specified therein and no longer, and shall not be issued for any period
exceeding twelve months.
(4.) A permit shall only be granted over
lands included in a lease in cases where the substances are reserved to, or are
the property of, the Crown or the Commission.
(5.) A permit issued under this By-law shall not
extend to authorize the taking from any lands any substance which is, or
appears to be, metalliferous.
Terms
and conditions of permits.
6.—(1.) The terms and conditions on
which a permit may be issued shall be as determined by the Commission, and any
permit may be cancelled by the Commission for non-compliance by the holder of
the permit with any term or condition of the permit.
(2.) Where the Commission cancels any permit, the
Commission shall forward by post to the person whose permit has been cancelled,
at his address as stated in that permit, notice of the cancellation, of the
permit and the cancellation shall be deemed to take effect at the time the
notice would have been delivered in the ordinary course of post.
Fees
for permits.
7. The fee payable for a permit
shall be at the rate of One pound per week or portion of a week for each cubic
yard or portion of a cubic yard of the capacity of the vehicle to be used for
taking any substance in pursuance of the permit.
Obstruction
of lands, public roads or public places.
8.—(1.) A person shall not, without
the approval of the Commission (proof whereof shall lie upon the person
accused), make, or permit or cause to be made, any ditch, hole or obstruction
on, over, across or in any public road or public place.
Penalty: Twenty pounds, and if the ditch, hole or
obstruction continues on the land for more than one day, a further penalty not
exceeding Five pounds for each day or portion of a day during which it so
continues.
(2.) Where any such ditch, hole or obstruction is so
made, the person who has made it or permitted or caused it to be made, shall,
when directed by the Commission, cause the ditch, hole or obstruction to be
filled up or taken down or otherwise removed, and in the event of his refusing
or failing to do so, the Commission may, after the expiration of seven days
after the date of the direction, cause the ditch, hole or obstruction to be
filled up or taken down or otherwise removed, and may recover in any court of
competent jurisdiction from the person so refusing or failing, the cost of the
filling up, taking down or removing.
Substances
or materials not to be placed on lands.
9. A person shall not, without the
authority of the Commission, (proof whereof shall lie upon the person accused),
deposit, or cause to be deposited, on any unleased lands, any substance or
materials.
Penalty: Twenty pounds, and, if the substance or
materials continue on the land for more than one day, a further penalty not
exceeding Five pounds for each day or portion of a day during which they so
continue.
Throwing
rubbish in public places.
10. A person shall not cast away,
throw or deposit, or cause to be cast away, thrown or deposited, on any public
road or in any public place, any paper, fruit skins, bottles, tins, bags or
rubbish of any kind.
Penalty: Twenty pounds.
Holes
or obstructions on lands to be lighted.
11. Where any ditch, hole or
obstruction is made, or any substance or material is placed, on any unleased
lands, public road or public place with the authority of the Commission, or any
work is being carried on on any unleased lands, public road or public place
entailing the opening up or breaking of the surface of the lands, public road
or public place, the person making, or permitting or causing to be made, the
ditch, hole or obstruction, or placing the substance or material, or permitting
or causing the substance or material to be placed, on the lands, public road or
public place, or carrying out the works, shall cause sufficient lights to be
affixed in a proper place to indicate clearly the ditch, hole, obstruction,
substance, material or works, and continue those lights every night from sunset
to sunrise while the ditch, hole, obstruction, substance, material or works
continue, and shall during all that time at his own expense cause the place on
which they are continued to be sufficiently fenced or enclosed to prevent any
danger or inconvenience to any person.
Penalty: Twenty pounds.
By
Authority: H. J. Green, Government
Printer, Canberra.