Rabbit Acts Amendment Act of 1954 (3 Eliz Ii No. 17) (Qld)

RABBITS. 3 E liz . II. No. 17, 1954. Babbit Acts Amendment Act. 325 RABBITS. An Act to Amend “ The Rabbit Acts, 1913 to 1951,” in certain particulars. [A ssented to 28 th A pril , 1954.] 3 E liz . II. No. 17. T he R abbit A cts A mendment A ct of 1954. B E it enacted by the Queen’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:— 1. This Act may be cited as “ The Rabbit Acte short title Amendment Act of 1954,” and shall be read as one with “^truc. *“ The Rabbit Acts, 1913 to 1951,” herein referred to as tion. the Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Rabbit Acts, 1913 to 1954.” tltle- 2. Section two of the Principal Act is amended by Amendment inserting after the words and figures “P art VI a .—ofs-2- I ntroduction into and the K eeping in Q ueensland oe R abbits ; ” the words and figures “ P art VI b .— D estruction oe R abbits ; ”. 3. The following headnote and sections are inserted insertion of after section 47 f and before the headnote to section forty-eight of the Principal Act, namely : — 47 h , 47 i . ’ VI . “ P art b —D estruction oe R abbits . [47 g .] In this Part of this Act, unless the context Meaning of otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, vib . that is to say :— “ Occupier ”—The person in actual occupation of Occupier, any holding; “ Reserve ”—Includes any country land which for K eserve. the time being is reserved, or set apart, or reserved and set apart under any Act or law for a public purpose and whether or not the same is under the control of a Local Authority or a trustee or trustees ; 4 G. 5 No. 7 and amending Acts.

326 RABBITS. RabbitActsAmendmentAct. 3 E liz . II. No. 17, Koad. Duties of occupiers. “ Road ”—Includes any road or route ordinarily used for the purpose of travelling stock or declared under any Act to be a stock route. \47n.~] (1.) Every occupier and every owner shall, at his own cost and expense, destroy all rabbits— (i.) On his holding ; (ii.) On so much of every road and of every reserve, if any, as adjoins or is within the boundaries or any part of the boundaries of his holding and which is not fenced out of that holding; and (iii.) On so much of the bed and banks of every non-tidal watercourse, if any, as abuts upon or bounds his holding or any part of his holding, and shall keep free from rabbits his holding and so much of every road and of every reserve, and of the bed and banks of every watercourse, as specified aforesaid. Where the occupier and the owner of any holding are different persons then both shall be severally liable under this subsection. Statement to be (2.) Every occupier and every owner shall, when supplied. and so often as required so to do by the Board for the District within which his holding is, or is deemed to be, situated, furnish to that Board a statutory declaration under *“ The Oaths Acts , 1867 to 1924,” declaring what action he has taken during the period for which that information is required by the Board, for the purpose of meeting his obligation under subsection one of this section, to destroy rabbits and stating what measures he intends to take for that purpose during the ensuing year. Power of the Board (3.) If at any time the Board is not satisfied that upon failure effective measures, according to its opinion, for the obryoowcncuerpier destruction of rabbits for the purpose of meeting his to destroy obligation under subsection one of this section, are rabbits. being taken or intended to be taken by the occupier or owner of any holding which is, or is deemed to be, situated within its District, the Board may cause to be served upon that occupier or, as the case may be, owner a notice in writing directing as to what action in its * 31 V. No. 12 and amending Acts.

RABBITS. 327 1954. RabbitActsAmendmentAct. opinion shall be taken by him, and if so specified, within the time or times specified in the notice, to destroy rabbits for the purpose aforesaid. The occupier or, as the case may be, owner upon whom such a notice is served shall, within the time or times specified and in compliance in every other respect with the directions therein contained, take the action set out in the notice, and his failure so to do shall render him liable to a penalty not exceeding fifty pounds. Moreover, upon such failure, whether proceedings are taken for an ofFence in relation thereto or not or whether the person failing to comply with the notice is convicted or not on the taking of any such proceedings, the Board may authorise any person, with or without assistants, to enter upon the holding and other lands, if any, in relation thereto as specified by subsection one of this section to search for and destroy rabbits. Any person so authorised may enter, re-enter, and remain upon the holding and those other lands, if any, with or without assistants, and may take all such measures as to the Board or him may appear expedient for the purpose of his entry thereon. The amount of all costs, charges, and expenses incurred by the Board in the search for and destruction of rabbits under the authority of this subsection shall be recoverable by the Board from the person failing to comply with the notice by action in any Court of * competent jurisdiction. [47i.] The provisions of this Part of this Act are in saving, addition to and not in derogation of any of the other provisions of this Act but any such other provisions shall, where convenient for the administration or necessary or expedient to carry out the objects hereof, extend for the purposes of this Part of this Act.”