Public Watering-places Act of 1884 No 33a (NSW)

No. XVI.

An Act to regulate Public Watering-places

and to protect certain Eeserves from

trespass. [21 October, 1884..]

rroambic.	T T T IIE aE A S it is expedient to provide Public "Watering-places and
VV
to regulate the management tliercot and also to protect Travelling Stock and other Pciserves from tresj)ass Be it tliercEorc enacted by the Queen’s Most Excellent Majesty by and witli the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows ;—

Short title. 1 . This Act may bc citcd as the “ Public "Watering-places Act

of 1884” and shall come into force on the first day of January next.

Interpretation. 2 . lu this Act if uot inconsistent with the context—

“ Governor” means the Governor with the advice of the Execu­

tive Council.

“ Minister” means the Minister charged with the administration

of this Act.

“ Beserves” means all sutdi places as shall be declared to bc

travelling stock and camping rt'serves.

“ Public "VYatcring-places” means all such reserves as shall be

doclart'd to bc ptiblic watering-places under this Act.

“ Inspector” means any person Avho may be appointed an

inspector under this Act.

“ Stock”

1884. 48° VIC. No. 16.

’Public Watering-places (No. 2).

“ Stock ” means any horse mare gelding colt filly ass mule bull

coAV ox lieifer steer calf ram owe wether or lamb goat or pig.

“ Travelling Statement ” means any statement reepured by the

“ llcgistration oC Brands Act of 1880 ” and the “ Jlisoases in

Sliccp Act Amendment Act of 1878 ” or any Act amending

the same.

“ P(!rmit ” means any permit required by the “ Sheep Diseases Act of 1880 ” the “ Diseases in Sheep Act Amendment Act of 1878” or any Act amending the same.

“ Travelling Stock ” means any stock the driver of which is

recpiired to he provided witlv a permit or travelling statement.

3. The Governor may from time to time make and again revoke Towor to prodiiim

reserves for the purpose of establishing public watering-plaet's and for tlic accommodation and agistment of travelling stock Such reserves shall he made by notification in the Government Gazette but shall not bo witlidrawn from pastoral lease except by a special notification to that efi'eet.

1. The Governor may from time to time appoint inspectors and G.ivomor may

overseers for the purpose of tliis Act and sueli insjtectors and overseers may exercise the powers hereby conferred upon thenr in any part of the Colony and shall bc ex ojficio inspectors of stock.

5. I t shall bc lawful for the j\Iinisters to construct tanks dams rowor lo construct

or other works for storing or for providing water adjacent to any roads

or upon any reserves or public watering-places.

(3. The Governor may from time to time let by auction by Oorernor may lease

ttmder or otherwise for a term not exceeding five years any sucli tanks

dams or otlicr works for storing Avatcr and any such public watering-	‘
])I;ices upon such terms and conditions as may bc deemed expedient and the lessees 1 hereof shall supply water to such persons and siudi stock at such I'ate as shall from time to time bc fixed by regulations for that purpose.

7. I t shall bc lawful for the Minister from time to time to place xiic Minister may

such tanks dams or other Avorks for storing Avater and any public of (”'|'(VaiKrckms

watering-places in charge of caretakers Avho shall supply Avatcr to '

traAudling stock at such rate as shall from time to time he fixed by

regulations for that purpose.

8. I'hc Governor may place any public watering-place for any watering.,.lacos may

avIio to vested iu trustees, for that purpose.period not exceeding three years under the control of trustees

shall supply AAvater to travelling stock and to all persons avIio may

_

9. I t shall bc laAvful for any person duly authorized by the Power to impound

Minister to inpiound in the nearest pound any stock found tiuspassiiig

upon any public Avatering-placc or upon any reserve and to charge wateriug-phmea

tht'i'con the damages mentioned in the lirst Scheilule to this Act together Avith the driving and other fees imjAOscd by the ImpoiAuding Acts And

the OAvner or person haA ing charge of any stock Avho shall Avilfully allow the same to trespass upon any such Avatcring-placc or reserve may bc

prosecuted by any such person and upon conviction shall for the first oll'cncc he liable to a penalty not exceeding the sum of live pounds and for any subsequent offence to a penalty not exceeding twenty pounds Provided that trespass a second time by stock belonging to the same

OAvner shall bc deemed to bc a Avilful trespass for the purposes of this

Act.

10. If auv person shall obstruct travelling stock in the lawful Obstruciion of

_ t/ X vj t i7i>1J1 n ̂ qI IT

f t 1 1 * J * 1 * J 1 l* J 1 91'LM. IL

Afsc ot any puhlie Avatcring-plaec; or in tlic use of any pasture or Avatcr i„ the use of rosenes.

to Avhieh such stock arc entitled under this Act or any regulation

tlu'reunder or umh'r any otlier Act shall bc liable to a penalty not

exceeding twenty pounds.

II 11.

No. 16. 48̂ VIC. 1884.

Public Watering-places (No. 2).

produL°pCTmU or Ilvciy ownoi’ or person in charge of stock shall produce travelling statement and sliow to tlic Icsscc Caretaker or person in charge of any dam

tank or well or public watering-places or reserves when he shall require to use the same his proper permit or travelling statement on demand and any person failing to do so shall be liable to a penalty not

Penalty for destroy­	exceeding five pounds.
ing or in j uring dams	12. If any person shall wilfully destroy or injure any public public watering-place or wilfully destroy or injure any part thereof or any macliinery used in connection therewith or wilfully pollutes diverts or interferes with any water flowing into or in any such dam
tanks or other	dam tank or any structure or other work connected therewith in any
structures.

' • tank or well shall be liable to be fined by any two Justices any s\im not exceeding one hundred pounds or to bc imprisoned for any term not exceeding six months.

Penalty on lessee q g Anv lessce Caretaker or trustees who shall refuse or neglect

negieeting to comply to comply With tlic regulations ■ to be framed under this Act shall lie

with regulations.	liable to a penalty not exceeding ton pounds for every such breach of
Power to frame	such regulations.
regulations.	14. The Governor may make regulations for the purpose of carrying out this Act and of regulating the management maintenance and control of such dams wells tanks public watering-places and reserves as aforesaid and may impose any penalty not exceeding the sum of two pounds for the breach of any such regulations And all such regulations shall on being published in the Gazette have the full force of law and copies thereof shall bc laid before Parliament fortli- with if then sitting and if not within one month after the commence­ ment of the next Session.
Appeal	15. Any person who shall think liimself aggrieved by any penalty under this Act imposed upon him or by decision of any Justices under or concerning the provisions of this Act may appeal against such penalty or decision to the Court of Quarter Sessions according to the law in force for the time being for the general regu­
Penalties.	lation of appeals of such or the like nature.
16. All penalties for any breach of this Act or of any regulations made under the same and all charges expenses and sums due and payable thereunder may be recovered in a summary way before any two Justices of the Peace by any inspector overseer lessee caretaker or trustee or by any person authorized by the Minister to do so. -

SCHEDULE.

Hates o f Damages to he charged fo r Trespass.

D e s c r ip t i o n o f A n im a ls t r e s p a s s in g . D a m a g e s .

E o r e v e ry h o rs e m a re g e ld in g c o lt filly a ss m u le b u ll cow

ox h e ife r s te e r c a lf .. . . . . ... ... ... T h re e p e n c e p e r h e a d .

F o r e v e ry ra m ew e sh eep o r lam b ... . . . ... O n e h a lf -p e n n y p e r h e a d .

F o r	e v e ry	g o a t	...	. . .	. . .	.	...	..	S ix p en ce	p e r	h ead .
F o r	e v e ry	p ig	.. .	. . .	. . .	...	. . .	...	S ix p e n c e	p e r	h ead .

No. XVII.