Rabbit Act of 1890 (NSW)
No. XXIX.
| Rabbit | . | All Act to 1*01)0111 tli0 “ Eal)l)it Niiisaiico Act |
| ̂ | of 1883”; to extend the Jurisdictions of the Land Court and Local Land Boards; to amend the Grown Lands Acts of 1884 and 1889 in certain respects; to pro\ ide for the protection of lands devoted to public uses and vacant Crown Ijands; to facili tate and encourag e the erection of rabbit- proof fencing*; to impose certain liabilities on the oiv ners of lands in connection with rabl)it-proof fencing* already erected or hereafter to be erected; to make further provision for the destruction of rabbits ; to imiiosc certain penalties; and to amend the law in other respects. [20̂ /̂ December, 1890.] |
“O E it enacted by the Queen’s Most Excellent Majesty, by and JL ) Avitli the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled, and hy the authority of the same, as follows :—
| siioit title. | 1. This Act may be cited as the “ E-abbit Act of 1890.” |
| Ecpciii. | 2. The “ Rabbit Nuisance Act of 1883 ” is hereby repealed, hut |
such repeal shall not oj^eratc to revive the provisions of the “ Pastures and Stock Protection Act” and the “ Pastures and Stock Protection Act Amendment Act of 1881” so far as the same relate to rabbits ; and all olfences, pcnallii's, ami oliligations heretofore committi'd and incurred under such “ Ralibit Nuisance Act of 1883,” and all pro ceedings upon or for the levy of any assessment thereunder for the
| ■ | year |
| 1890. | VIC. | Xo. 29. |
llahhit.
Y('ar one thousand eight iuiiuhrd and uiiiely or any previous year,
]uay 1)0 tried, eiri’orcod, and carried to (;oinpletion as it' this Act liad
not heen passed.
| 3. In this Act, nnh'ss the con(('xt otherwise requires—■ | lutcrpretatiou. |
“ Board” means the J./Ocal Land Board of the Land District in •wliich the lands in ([uestion are situate as such Board or District is from time to tilin' constituted or defined ninh'r the Crown -Lands Acts, or any Local Land Board appointed in accordance Avith the said ^Vets to act in place of such Board as aforesaid.
“ Crown Lands Acts” means tlu' “ Crown Lands Acts of ISSf,” and the “ CroAvn Lands Act of 1883,” and any Act or Acts passed or to he passed for the amendment of the same or cither of them.
“ GoA'Crnor” means the CoA'crnor Avith the advice of the Execu
tive Council.
“ Holding” means any land or aggri'gation oC adjoining lands lu'ld under any tenure or tenures hy the same OAvner or in his interest, together AA'ith all roads intersecting or bounding the same.
“ Land Court ” means the Land Court as constituted ninh'r the
CroAA'ii Lands Acts.
“ .Minister” means the IMinistc'r lor Lands for the time hc'ing, or any other Minister from time to time charged Avitli tlie administration of this .:Vct.
“ OAvner” means the person registered as the hokh'r of any lease, license, or promise of lease or license from the CroAvn, or of any conditional purchase, or
the person laAAd'ully holding under lease or license any lands
reserved or dedicated for public uses or pnrjioses, or
the person entitled to any land contracted, or to be con tracted, to be granted by the CroAvn in fee for private purposes, or
the person entitled at hiAV to an estate of freehold in possession in any land acquired, or to be acquired (AAdicthcr by grant from the CroAvn or otherwise hoAV- socA'cr), for an estate in fee, for prAate purposes.
“ Prescribed” means prescribed by this Act or any regulation to
he made thereunder.
“ Public Land” means CroAvnland not held under lease or license under the CroAvn Lands Acts or under any other Act anthorizing the occupation or use of CroAvn lands, or
any lands reserved or dedicated forpuhlic usi's or purposes (exclusive of roads), Avlicther held by trustees or not, if such lands are not, for the time being, laAvfnlly held under any lease or license.
“ PrAatc land” means any land which is not public land, or Avhich
is hereinafter expressly reh'rrcd to as private land.
“ Hoad” means a public road so co)istituted by reservation,
proclam ation, dedication, or otherAvise hoAvsoever.
The intervention of a road or Avater-course (not being a permanent river) shall ]iot prcvait holdings or lands being held to be “ adjoining.”
d. The Land Court and the Local Land Boards shall perform .TiirisdicHon of Land
the duties respectively imposed u])on it and thenr under this Act, and
tlie respective jurisdictions of the said Court and of the said Boards extended,
are herobv extended accordinglv.
| ‘ | ' | 5. |
| 68 | ~No. 29. | 54° VIC. | 1890. |
Jiabhit.
5. In all proceedings nnder tliis Act—
| Powers conferred | (i) The Land Court and the Local Land Boards and the memhers and officers thereof sliall liaYC and may exercise CTCiy power and authority conferred or to he conferred upon it or them for the purposes of the Crown Lands Acts. |
| under Land Acf:s | |
| may be exercised. | |
| Procedure to be | (ii) The provisions of the said Acts in regulation of the procedure |
| similar. | before a Board and upon appeals and references to the Land Court thereunder shall, so far as possible, he apjilicd. |
| A]ipoal and |
| reference to Land | (cii) Upon any proceeding being had before a Board, any person, wliose interests are aifected, may appeal, or the Board may make a reference, to the Land Court in the same manner and subject to the same conditions and provisions, as if such proceeding were a proceeding under the Crown Lands Acts, | ||
| Court. | |||
| Minister may refer | |||
| to the Land Court. | (iv) The Minister may in the prescribed manner and within the prescribed time refer to the Land Court the decision or report of a Board in any case ; and may appear Ijefore such Court as a party in any case of appeal or reference hy counsel, attorney, or agent. | ||
| Finality of decisions |
| ||
| costs. | |||
| Board may award | (vi) The Board shall have power to make such order as to the costs of any proceeding before such Board, as to it may seem just. | ||
| IMinistor to be |
| responsible for | 6. The Ministci’, hy himself or his agents authorized in that behalf, may exercise all such powers and do all such things in respect of any public lands as he may deem to he reasonably necessary for the purposes of this Act, any statute, dedication, reservation, grant, or other act in the laiv to the contrary notwithstanding. And the same rights and liabilities as are hy this Act conferred and imposed on any owner of a holding shall, subject to the provisions hereinafter contained, be conferred and imposed on the Minister in connection with all such pulfiic lands. |
| public lands. | |
| Tlxpcnditurc by the | 7. Out of any moneys made available hy Parliament for the purposes of this Act the Minister shall have power from time to time to pay any contributions or other sums which under this Act he may he liable to pay, and to expend such amounts as may he required for the purpose of making any public lands rabbit-proof, or of destroying the rabbits on any such lands. |
| Minister, | |
| Sails by the | |
| Minisler. | 8. No suit, action, or other proceeding hy or against the Minister in accordance with this Act shall be prejudiced or suspended, or abate, or require amendment merely because after the commoiieo- ment thereof sucli Minister may liave gone out of office, or heeause another Minister may have been appointed, or the office may, for tlie time being, ho vacant; any such suit, action, or other proceediug may he brought hy or against the Minister as such and hy his official designation. |
| Jl^iilway Com* | |
| Tni.s.'ioners to be | 9. Por tlie 2̂ !irposcs of this Act any lands vested or to l)o shall he deemed to he private lands, and the said Commissioners shall, in respect thereof, he competent and liable to do and sniler all such acts and things as any owner of private, lauds is com2)otent or lial)le to do or sufi'er under tlio provisions of this Act. |
| responsible for lands | vested in the Bailway Commissioners, for an estate in fee simple, |
| vested in them. | |
| Lands acquired | |
| under private Aet« lo | 10. Any lands vested or taken, or to he vested or taken, in or hy any jierson or jicrsous, in virtue, or under the authority, of any private Act, shall he deemed to he jirivate lands, and sucli person or persons, and his or their laiyful assigns, shall, in respect thereof, he |
| he private lands. |
competent
| 1890. | 54" VIC. | ISTo. 29. | 69 |
llahhit.
competent and liable to do and suffer all such acts and things as any owner of private lands is competent or liable to do or suffer under the provisions of this Act.
11. I t shall be laAvful for the Minister, for his information or Minister may refer
guidance, to refer to the Board any question as to the }>roposcd inclusion of public lands Avithin a group of holdings as luireinafter provided, or as to any other matter necessary or proper to be deter mined for the administration of this A ct; and such Board shall hear, examine, and report thereon to the Minister.
Infested Districts.
12. It shall be laAA ful for the Governor after thirty days Notification of
| notice in the Gazette, and in some local ncAVspaper circulating in the | ^fistnets. |
| district, of liis intention to do so Ijy proclamation in the Gazette, to | |
| declare any one or more Land Districts, or portion or portions tlu'reof, | |
| Avhich may in his ojiinion bo over-run, or in danger of being over-run, by rabbits, to be rabbit-infested, and upon such proclamation the proAusions hereinafter contained, as to rald)it-proof fences, sliall become applicable to all lands situate therein. Provided that any such proclamation may in like manner be modified or reA’okcd. |
13. Por the purposes of this Act—
( i ) A rabbit-proof fence shall mean a substantial fence, hung Avith Eabbit-proof fences.
galvanized Avire netting of a maximnm mesh of one and a live-eighth inches, minimum Avidth of thirty-six inches, Avith the Avire of a minimum gauge of scA'entecn, or such other fence as the Local Land Board may sanction, and furnished Avith suitable gates and other appliances at necessary places Avhere it crosses roads, water-courses, or public lands ; the dimensions of such fences, the height above ground and the depth nnder ground of such fences and of the nettings attached thereto, and all other details in connection thcre- Avith, shall be as prescribed by regulations to be made under this Act: Provided always that any fence made before the passing of this Act, shall be taken to be a rabbit-proof fence Avithin the meaning of this Act, if, in the opinion of the Board, it is reasonably sufficient for the purpose of excluding rabbits; or in any case Avhere any repairs or modifications are, in the ojiinion of the Board, required to make any such fence reasonably sutffeient for such purpose, the same shall be taken to be a rabbit-proof fence upon the effecting of such repairs or modillcations.
(ii) Any holding or land shall bo deemed to be rabbit-proof Aviien the lines Avhich AAmrc or are the actual, reputed, or acccjitcd boundaries thereof, or any lines, AAdiich in the opinion of the Board Avcrc or arc sutriciciitly apjiroximate to such boundaries, have or shall he fenced Avith a rabbit-proof fence.
II. "When any CroAvn Lands containing a rabbit-jiroof fence or Rabbit-proof f.-nee
])orti()n thereof shall become tlu' subject of any purchase or lease from the CroAvn, payment for such rabbit-proof fence or iwrtion thereof shall be made in accordance Avith the provisions of the CroAvn Lands Lets ; but this enactment shall be subject to the folloAving qualitications:—
(i) M^hcre any holding or group of holdings has been or shall he made rabbit-proof, the rabbit-proof fence shall be deemed to be an imiiroAcnumt distributed over the Avhole enclosed area of such holding or group of holdings (exclusive of any roads), so that every portion of such area shall be taken to be proportionately improved thereby.
| ' | (n ) |
| No. 29. | 51̂ VIC. | 1890. |
Hablnf.
(ii) The amount so distrilmtod in respect of the improvement shall, in all cases, he limited to on('-half of the value of making the fence rahhit-proof. Provided always that if any portion of such ralihit-proof fence is upon or adjoining any land which hecomes the subject of any purchase or lease from the Groan ilie purchaser or lessee tliercof shall also he liable in respect of the fence itself.
(ill) No portion of the value of any rahhit-proof fence erected as a harrier fence at the public, expense shall he deemed to be distributed in accordance with this section.
| Notice of intention | 15. Any owner, whose holding consists wholly or in part of |
| to fence occupation |
| license or annual | CroAvn Lands held ninh'r occupation license or annual lease, may give |
| lease. | notice in the prescribed form to the Chairman of the Board that he intends to make such liolding rahhit-proof; and in any case Avhere notice as aforesaid shall have h('cn gii'en, and such liolding shall have heen made rahhit-proof in aci'ordance uith the terms thereof, such holding shall he deemed to have liecn made rahhit-proof as from the date of such notice, so far as regards the amount payable for improve ments under this Act in connection Avith any lands, Avhich may ho AvithdraAvn from the occupation license or annual lease hy becoming the subject of any purchase or lease from the CroAvn after the date of such notice. Provided ahvays, that the rahhit-proof fence shall he completed Avithin one year from the date of such notice or AAuthin such further time as the Board on application may alloAV; and that the liability to pay any moneys under this Act in respect of such rahhit- prooling or any portion thereof shall he suspended, until such fence shall have heen completed, or until the prcscrilied notice has been given to the Chairman that the intention to complete the same has been abandoned. |
| Notice of intention |
| to bring occupation | 10. The provisions of the last preceding section shall aj)ply in |
| license or annual | cases Avhere it is intended to include the lands held under occupation |
lease within a group, licciisc 01’ aiuiual Icasc Avitliiii a group.
| Groupsofiioidings. | 17. A lieii any tAvo or more OAvners of adjoining holdings shall enclose the Avhole or any portion or portions of such holdings Avith a continuous ring fence so that the same shall thereby he made rahhit- proof, the lands so enclosed belonging to such OAimcrs shall be grouped Avithin the meaning of this Act, and the folloAving provisions shall lie applicable thereto—■ |
(i) Grouped lands shall he deemed to he a single holding so far
as regards any contrilmtion towards the cost or maintenance and rejiair of rahhit-proof fencing, payable under the pro- A’isions hereinafter contained, liy or to tlie owners of adjoining holdings outside the group.
(ii) The lialiilities of such owners as hetAvecn themsclA’es, in respect of sums expended or to ho expended for the erection or repair of the ring fence, or of amounts paid or to he paid as contrilmtions toAvards the cost or maintenance of any ]iortion of such fence, sliall in any case of dispute he appor tioned l)y the Board in accordanco Avith the respective areas of the holdings of such OAvners ; and the amount declared hy the Board to he payable hy any such owner shall he a charge equally distributed over and upon all lands Avithin his hold ing, and a purchaser of such holding or any portion thereof shall he hound to inquire as to the existence of any such cliargc.
(ill) Tlie majority in numher of the owiu'rs Avhosc lands may for the time being constitute a group may, from time to time, hy an instrument in the prescribed form, appoint any person to b(' tlu; secretary of the groitj); and proceedings
may
| 1890. | 54« VIC. | 'No. 29. |
HabbU.
may be taken by or against tlie secretary for tbe time bemo> of a group, as nominal plaintilf or dcfenclant representing all tbe onners of all gron])cd lands.
(iv) If any ]>art of a bolding nitlun a group shall be withdrawn from such holding, by reason of its becoming the subject of any ])urebasc or lease from the Crown, or by reason of such bolding being subdivided, tbe now bolding ci'eated by such purcliase, lease, or subdivision shall be a bolding within, and forming part of, the grou]).
(v) If any part or iiarts of a bolding shall after such holding has been made rabbit-proof, be withdrawn therefrom by iK'coming the subject of any purchase or lease from the CroAvn, the nc'w holding or holdings created by such purchase or lease shall form a groiqi 'with the residin' of the original ludding.
(vi) A bolding shall not cease to foian ]>art of a grouj), by reason only of any change of owiu'rship in respect of such holding or of any olh('r holding within such group; but any owner may, with the permission of the Board and subjc'ct to any conditions which it may impose, detach his holding from the group of which it formed part if the boundaries of such holding shall have bce]i made rabbit-proof.
(vii) The Minister shall have power to agree that any pid)lic lands sliall be inclmh'd ivitbin a group.
(viii) Any existing fence or ])ortion thereof may be ado])ted so as to form ])art of tlu' lang f('nce of any group : I’rovich'd always tbat any owiu'r or partowiu'r of sucb fenc(! or portion, whoso holding shall tlu'reby be made part of tbe group, shall consent thereto.
(ix) If at any time it be made to appear to the Board that a gi'oup of holdings is too large to allow the work of d('sti'oying rabbits being satisfactorily ])erfornied, and that the owners bolding not less than one-half of the grou])cd lands d(!sire that such grou]) of holdings should be subdivided, it shall be lawful for the Jloard to authoriz(' tbe subdivision of such group, and to determine tlu' line or lines of subdivision. And tbe subdivision rabbit-proof fences or fences shall, in all respects, be dealt witb as if the same formed part of the ring fence of such group.
18. "When any lands in any ])r()claimed infested districi. are ii:‘bbit,-proof fence
| intersected, divided, or bounded by a road or travelling stock ri^serve | ’ |
| or route or public lands, the Board may grant to the owner of such lands permission to carry a rabbii-])ro(d‘ Jence across such ]'oad, reserve, route, or public lauds: Brovided always tbat rabbil,-])i'oof gates be erected at plac('s wberc the fence crosses such road or roub', unless the Board shall in any case dis[)ense for the time being with the erection of the same. Any permission or dispensation granted under this section may be revoked by tbe Board upon red'erence by the Minister or ap])lication by any person interested. |
19. The Minister may, by notillcation in the Gazette and in ii:ibbit-proof Rate
tbe local newspaper, dt'clare any gate in a rabbit-jtroof fence (whether it be in a fence enclosing, dividing, or subdividing a holding or group of holdings) to be a public gate w ithin the meaning of tlu: Act thirty- nine Victoria numbt'r tt'ii : Brovided always tbat tbe words “ public gate” have been painted tliercon, as in the said Act provided.
20. "When the boundaries of any bolding or any ])orlion of such Contribiuiom ̂
boTindarics shall have bet'u made rabbit-jiroof, the owner of such
holding shall be entith'd to serve notict' of (h-mand and Ihert'after to'■abbit-pioof lence.
enforce from tlu! owner of ;my outside bohling or lands (wln'tlier
pnblic or privat(') adjoining the ral)bi(-[noof tenet'a eo]il rihul ion of
one-half
| 72 | No. 29. | 54̂ VIC. | 1890. |
Rabat.
one-lialf the cost of making such boundaries rahhit-proof, and an annual contribution of one-half the cost of the maintenance and repair of the rahhit-proof fence, subject to the following provisions :—
(i) Any contribution under this section shall only be payable in
| respect of so much of such fence as forms a common boundary-fence. |
(ii) Any such contribution shall not be payable hy the Minister in respect of a fence to ho erected after the passing of this Act unless particulars of the proposed fence shall have been given to the Minister and he shall have approved of the erection of the same as proposed.
(ill) Nothing in the Crown Lands Acts shall relieve or exempt any owner from the liability to pay contributions under this A c t; and the previous payment under the Crown Lands Acts or the Act nine George the Fourth numher twelve of a contribution towards the cost of a fence which was not originally made rahhit-proof shall not prejudice any claim for a contribution towards the cost of making the same rahhit-proof.
(iv) Any unpaid contribution or portion thereof shall, after the amount of such contribution has heen assessed and determined hy the Board, be a charge upon the holding in respect of which the same is payable, and a purchaser of such holding shall be bound to inquire as to the existence of any such charge.
(v) No contribution shall be payable in any case where the Board shall be of opinion that a boundary fence has been made rabbit-proof not bond fide for the purpose of destroying or excluding rabbits.
Similar contribut'ons
| payable for fences | 21. The provisions of the last ]n’cccding section. shall extend |
| already erected. | and apply to rabbit-proof fences erected, and to fences made rabbit- proof, before the passing of this Act. |
| Terson not coming | 22. TVhen the external boundaries of any holding or group of |
| within group |
| not entitled to | holdings have already been, or shall hereafter be, made rabbit-proof, |
| contribution. | the owner or owners thereof shall not be liable to contribute towards the cost of erecting or maintaining and repairing a rabbit-proof fence round any holding or land situate within such external boundaries as aforesaid, or towards the cost of making any existing fence round such holding or land ral)bit-proof. |
| Board to determine | 23. The Board, upon ap])lication, shall assess and determine the |
| amounts and settle |
| disputes. | amounts payable as contril)utions or otherwise under the provisions of this Act, and fix tlie jieriods Avithin wliich and instalments by which the same are to be paid; and in all cases of dispute in reference to the erection or maintenance and repair of a rabbit-proof fence, the Board shall, on application by any person avIio is or aauU become liable to pay any contribution or other sum in respect of such fence, determine all questions in dispute, and make any order necessary or incident to the settlement thereof; and any such order shall be a sufficient authority and justification for entering upon any lands affected or protected, or to be affected or protected, by such fence, and doing such acts as may be necessary for carrying the same into cfi'ect. |
| Power to raise mone^ | 2f. I t shall be lawful for any OAvner of a holding avTio holds the |
| by morlgogc. | same as mortgagee to add to the mortgage debt any sums expended by, or recoA'cred from, him for the erection or repair, or as a contribution toAÂ ards the cost of the erection or repair of any rabbit-proof fence upon, near, or for the benefit of such holding ; and it shall he laAvful for any trustee of a holding to raise the sums required or recovered for any such purpose by mortgage of such holding, in the same Avay as if a power to mortgage had been contained in the instrument creating or declaring the trusts thereof. |
| 1890. | VIC. | 'No. 29. |
Jiabhit.
25. I t shall he la^yful for the Minister to serve notice of Conirihufions
| or the owners of any adjoining holdings, along any portion of tlie actual reputed or aecepted boundary whereof a barrier fence has already been or shall hereafter ho made or erected, the cost of the maintenance and repair of such harrier fence, in the same way as if the same were a rahhit-proof fence erected in accordance with this | demand and thereafter to enforce from the owner of any tributory in respect of any such feuce. Por the purposes of this section a harrier fence shall mean a rahhit-proof fence erected or made rahhit-proof at the public expense for the protection of any portion of New South Wales from the incursions of rabbits. |
Destruction hij owners and natural enemies.
2G. I t shall he the duty of every owner and of every occupier Duty of occupiers
| of any private lands from time to time to suppress and destroy, by | Vi- | ̂ | ̂ | *■ | ' destroy r!ibl)its, |
lawful means, and at his own cost, all rabbits which may from time to time he upon such lauds, or upon any roads hounding or intersecting the same, or any part thereof.
27. The Governor shall have power from time to time, hy Simuitimcous
| proclamation in the Gazette, to name a dav on and from and after which | "'w |
| the aforesaid duty sliall in any part of New South AYales described in such proclamation he simultaneously commenced, continued, and performed hy every such occupier and every such owner as aforesaid, and any such ])roclamatioii shall also he advertised in some newspajii'r published in the part of New South M^ales to which such proedamation may relate. |
28. Any occupier or owner as aforesaid who after the day so Penalty for dofuuU.
named fails to fully and continuously jicrform such duty as aforesaid to the best of his means and ability shall he liable to a penalty on the first conviction of not less than two nor more than ten pounds, and on the second conviction of not h'ss than five nor more than twenty-
hve pounds, and on the' third or any subsequent conviction of not less
than thirty nor more than fifty pounds; and proof that any such duty Proof of ejisimeo
is not being carried out shall he prhnd facie evidence that the occiqiier o|,."erl’'Xniua
or owner of such lands has failed to fully and continuously perform
such duty to the best of his means and ability.
29. In any proceedings for tlu; determination of the rent or when iieterioraiion
license fee payable to the Crown for any Crown Lands, the fact that
the carrying capacity, henc'fit, or profit of such lands has h(;en luhen into aeooimt
diminished hy reason of the existence of rabbits thereon shall not
taken into consid(;ration or account unless it shall first have been
made to ap])ear that the owner of such lands has fully and con
tinuously fullilled the duty hereiubefore declared to the best of his
means and ability.
30. Lor tlie ])urpose of destroying or suppressing rabbits, any PuminK without
owaier or occupier,at anytime during the months of May, June,-Inly,and
August, without giving notice to any authority or person of his intention so to do, may, notwithstanding anything in any Act contained, burn or ignite any straw, stubble, grass, herhagt;, scrub, Avood, or other inflamm- ahlc material on his land, if he shall first have cleared of all inflamm able substances a space of not less than tAventy feet in breadth round the struAV, stubble, grass, herbage, scrub, avoocI, or other inflammahle material iuteuded to he burnt or ignited.
31. The Governor may from time to time hy proclamation iu The Gov.-mor nm.y
the Gazette and local ncAvspaper declare any animal, bird, or I'^pt ih;
| to b oa natural enemy of the rabbit, and prohibit Avithin districts to of rabbit. | ' |
| he specified in such proclamation tlu' Avounding, killing, or capturing, |
selling
| 74 | No. 29. | 54« VIC. | 1890. |
llahhit.
selling or disposing of any such animal, bird, or reptile witliout a special permit in that behalf, and may from time to time alter and revoke any such proclamation.
| Penally for killing, | 32. Any pcrson Avlio Avitliout lawful autliority (the iirool' of |
| &c., any such animal. | shall hc O il tlic persoii claiming to have the same) voiinds, kills, captures, or sells or disposes of any animal, bird, or reptile declared to he a natural enemy of the rabbit shall be liable to a penalty of not less than two nor more than twenty pounds. |
Provisions as to Inspectors.
AppoinI ment of
| Inspectors. | 33. The Governor may appoint such persons as lu' may think necessary to hc Inspectors under this Act. | ||
| Inspector inav enter | 34. Any Inspector or any person authorized in writing hy an Inspector may from time to time enter upon any holding or land at any time with or without assistants, dogs, horses, and vehicles in order to search whether any rabbits are on such land, and may remain thereon so long and do all such things as may hc reasonable for making such search. | ||
| and search. | |||
| personating In | |||
| Penalties for |
| ||
| spector, &c. | |||
| any manner whatsoever shall he guilty of a misdemeanour, and shall on conviction he liable to he imprisoned ■with or Avithout hard labour for any period not exceeding six months, or to forfeit and pa)' a penalty of not more than one hundred pounds, or both. |
| IVnalty for wilfully | 30. Any person who Avilfully assaults, obstructs, hiiuh'rs, or | _ |
to he assaulted, obstructed, hindered, or inter
| ’ | rupted, any Inspector or any authorized person in the exi'rcisi' of anv poAver or authority A'csted in him hy this Act, shall for eveiy su(;li olfence if not otherwise specially provided for hc lialih' to a penally not exceeding tAventy pounds; and no proceeding for ri'co very of such penalty nor the payment thereof shall be a bar to any action at law for or in rcsjiect of any such assault as aforesaid, hut CA cry such action may hc commenced and proceeded Avith as if this Act had not been passed, any hiAv or usar;':' to tlu' contrary uotAA'ithstanding. |
General Provisions.
| Pen.aity for putting | 37. All)' jicrsoii AA'lio Avilfull)' cari'ics, dilvcs, 01' passcs aiiv live |
| proof'^fe^ce'rabbit through, under, or over any rahhit-proof fence or gate, or aa | Iio |
| ’ | Avilfully leaA'cs open any gate in a rabbit-proof fenct', or wlio att(an])ts to do any such act, or procures the same to he done, or who, Avi l lioiit la wJ'ul |
Pcntiiiy fo r m alic io u s‘T-kithority (tlic ])i'oof of AA'liicli shall 1)0 ou tlic porsoii claiming to h.ave
the same), Avilfully destroys, injures, depresses, or removes any portion
| ’ ■ | of a rahhit-proof fence or gate, or excaA ates under, or in any Avay tampers AA'ith, any portion of such fence or gate, so as thereby to (mahle rabbits to pass through, under, or over it, or Avho attempts to do any such act, or procures the same to he done, shall hi* liable to he imprisoned, Avith or Avithout hard labour, for any t(*rm not exci'cding six months, or to pay a penalty not exceeding one hundri'd pounds, or holli. |
| Meaning of rabbit- | 38. A rahhit-proof fence or gate, as referred to in tin* last preceding section, shall mean a fence or gate aa | IiIcIi servi's Avholly or |
| previous section. |
proof fence in
in part to exclude rabbits from airv land, and it shall he immaterial
Avhether or not such fence or gate is in accor.’ance a\ ith tla* iv'quin'nK'iils
of this Act, or situate in a Land District n-tifu'd as rahbit-infi'sti'd.
| PonaK V for inter- | 39. Any person Avho destroys, injures, removes, or iuteil'eres |
| fering with traps, &c. | ;,iiy tiu]), siuirt', poisoii, matter, or thing used or I'l'tiuired for the |
])iir])ose of ca])tiiring or destroying'of rahhits, Avhich shall hau* hi'cii lawfully jilact'd u])on an)' land for such purpose shall lie liable to a penalty not exceeding twenty pounds.
| " | iu. |
| 1890. | 54” VIC. | No. 29. | 75 |
Huhhlt.
40. Any person wlio vitliout lawful autliority (the proof of Penalty for keeping,
wliicli sliall lie on tlie person claiming to have the same) wilfully iappitl'
liberates or has in his possession any live rabbit, or who attempts so
to do, shall be liable to a penalty not exceeding one hundred pounds
for every such on’ence.
4 1 . Nothing in this Act contained shall hc construed to jirohibit Pennission to keep
any person in any city, tmvn, or village from keeping lAc rahhits in any cage or similar enclosure with the permission of the Minister first had and obtained.
42. Wherever there arc more owners than one of any holding, ApportionmoTit of
and one of such owners is, under this Act, in any way compelled t o o w n e r s .
j);iy the cost of destroying the rahhits thereon, or to pay any contribu
tion in respect of a rahhit-proof fence, he may, in any Court of
compt'tcnt jurisdiction, sue for and recover from the other OAvner or
owners of such liolding such proportion of such cost or amount as is, in tlic opinion of the Court, fairly proportionate to the respective interests of the OAnicrs in such holding.
43. Any notice given under or for the purposes of this Act may Service of not ices,
ho served iu any one of the folloAving Avays—
Personally upon the person to Avhom the notice is addressed.
Py registered letter sent through the post and directed to the
last knoAvn place of abode or of husiness in N cav South
IVhiles of the person to Avhom the notice is addressed.
By inserting the same once in the (luzclle and three times in some newspa[)er circulating in the Land District in Avhich the lauds the subject of such notice are situate, and hy afiixing the same upon some conspicuous place on such land or on some public road abutting thereon : Provided that service as last aforesaid shall only ho effected Avhon the AA-hcrcahouts, or the last place of abode or of business in N cav South Wales, of the person to Avhom such notice is addressed cannot he discovered hy the pierson issuing such notice.
4t. Por the purposes of any proceeding under this Act the As to description of
description of any holding or lands need not he a description by metes and hounds, hut shall hc sufiicient if it make such reference to the holding or land either hy name, numher of allotment or portion, parish and county, or hy boundaries or otherAvise, as to alloAA" of no reasonable doubt as to A\ hat holding or land is referred to.
45. AVherc the naim; of the owner of any holding is unknoAvn Proceedings wi.en
to any [terstm giving notit'c or t.akhig ptroceedings before a Board under this Act, any jiotico required to ho given may hc addressed to the OAvner as such Avithout fnontioniug his name, :ind any order or decision hy the Board may in like manner he inadt ̂ or given against the aforesaid oAvner as such.
40. In any proceedings under the provisions of this Act, the Jurisdiction of Court
| ccedings are pending shall not he ousted on the ground that the defence raises ques- case raises any qui'stion of title to land, or that the defendant does not reside Avithiu the houndaries of the jurisdiction of the Board or | jurisdiction of the Board, Court, or Justices before Avhom the pro-” iu respect of Avhich the case arose is situated Avithin tin* houndaries of the jurisdidiou of such Board or Court. |
17. All proci'edings for the recoA'ery of penalties or punishment Summary rccovcry
| of ollhiices under this Act shall he heard and determined in a summary | po'̂ i'ics. |
| Avay before two Justices (one of whom shall hc a Police Magistrate), | |
| ami payrmnit of any penalty incurri'd herimnder may he enforced hy distress and sale of the oifender’s goods and chattels. |
| ~No. 30. | 54̂ VIC. | 1890. |
Moore-street Improvement.
| Appeal to Quarter | 48. Any person summarily convicted under this Act, may appeal against such conviction to the Court of Quarter Sessions, and the provisions of the “ Criminal Law Amendment Act of 1883,” in respect of appeals in cases of summaiy conviction, shall extend and apply to every such appeal. |
| Sessions. | |
| Rcgulatione. | 49. The Governor may make regulations for carrying into full effect the general objects of this Act, and may impose penalties for the breach of any such regulations not exceeding ten j)ounds, and such regulations shall have the force of law upon being published in the Gazette : Provided that a copy of every such regulation shall be laid before both Houses of Parliament within fourteen days from the puhlica- fion thereof if Parliament he then in Session, or otherwise within fourteen days after the commencement of the next ensuing Session. |
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