Rabbit Destruction Act 1878 (SA)

ANNO QU 4DRAGESIMO PRIM0 ET QUA1)RAGESIMO

SECUNDO

No. 94.

An 14ct to amend '' The Rabbit Destrucliott Act of 1876."

[Assented to, 16th October, 1878.1

HEREAS it is expedient to amend " 'She Rabbit Destruction Preamble.

W Act, 1875 "-Be it therefore Enacted by the Governor of

the Province of South Australia, with the advice ancl consent of the

Legialittive Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. Section 3 of '' The Rabbit Uestruction Act, 18'i5," is hereby Repeal of Bection ad

repealed, but all Rabbit Districts already proclai.med thereunder,	of 1876.
shall continue to be Rabbit Ilistrkts, and shall be under and subject to the provisions of this Act, and all rates heretofore made shall be recoverable in manner and shall be expended for the purposes pro- tided by " The Rabbit Destruction Act 1875."

Rabbit Destruction Act, 1875 " (other than so far as may be necessary for carrying out the provisions of Section 1 of this Act), erhd cease, and the said powers and authorities shall be, and the same

2. The Governor may, on the recommendation of the Commis- Rabbit Districts m l ~ ~

members of any District Council of any district, or by twenty Councile.	ion er, or on the receipiof a petition signed by a majority of the ~ ! ~ ~ ~ $ f " ~ ~ ~ ~
landholders hoiding in the aggregate not less than two "thousanh. acres of land within such district, praying that such district may be declared a Rabbit District, by Proclamation constitute and declare such district to be a Rabbit ~fistrict under and for the purposes of
this and the said The Rabbit 'Destruction Act, 1875."

3. From and after the passing of this Act all the powers and P o w e r e o f ~ ~ e t The CounCi1sve8Min

authorities conferred upon District Councils by Part I. of Commiesimer.

41' & 42' VICTORTB, No. 94. ----

Robbit Destruction Ammdmend Act,-l 87 8.

same are hereby vested in the Commissioner, and all persona authorised by the, Commissioner shall have the same powers and authoritiesas are by the said Act given to and vested in persons authorised by any District Council to do any of the several matters and things in the said Act specified.

b

Amendment of	4. Section 5 of	The Rabbit Destruction Act, 187 5," shall be
section 6 of l 6 of

1875. read and construed as if the following words had been inserted at the end of the said section, that is to say-The costs and expenses incurred by the Commissioner, or any person authorised by him, in entering upon any land, and doing all such acts as shall be necessary for the purpose of destroying any rabbitss thereon, ahall be paid by the owner or occupier of such land, and such owner or occupier shall pay to the Commissioner (or other the person or persons authorised by him in that behalf to receive the salne) the amount of such costs and expenses; and such amount shall be deemed to be a debt due to the Commissioner, and be recoverable by him by action. Until such costs and expenses shall be paid by the person liable to pay the same the amount thereof shall be paid out of' the General Revenue of the said province.

Wanta Landa of the 5. The Commissioner and all pemons by him a!ltborised are

Orown to be aubject

hereby empowered to enter upon any waste lands of the Crown,

t o Act.

Government reserves, or lands lessed for pastoral purposes: with such assistant or assistants as he or they shall deem necessary, for the purpose of ascertaining if there be any rabbits thereon, and to do all such acts as shall be necessary for the purpose of destroying the rabbits thereon; and the costs and expenses incurred in so doing shall be paid by the Treasurer out of the General Eevenue of the said pro- vince: Provided that when the Commissioner shall have destroyed the rabbits on any lands leased for pastoral purposes, and notice of the resumption of such lands shall not be given for a period of three

years after the rabbits shall have been so destroyed, then the lessee of such lands at the time of such destructiou, or the assignee of such lessee, shall repay to the Commissioner the cost of the destruction of

such rabbits, which may be recovered by the Commissioner by action in any court of competent jurisdiction. Arid in any such action any account purporting to be signed by the Comdssioner shall be received as primd fade evidence'of the cost of such destruction.

Rabbits not to be set

G Any person who shall wilfully set loose any rabbits, or know- ingly and. wilfully permit any rabbits to be set loose in any part of the said province shall, on conviction, forfeit and pay for each offence a penalty not exceeding Ten Pounds.

loose.

7. The Governor may from time to time make, repeal, alter, and

vary, such regulations as he may deem advisablta for carrying out the,

objects, purposes, and provisiorls of this Act; and every regulation

when published in the Government Gazette shall have the force of

law. Any regulation hereafter made under the authority of this

Act shall be laid before Parliament within fourteen days after the

publication

41" & 42" VICTORIB, No. 94.

Rabbit Destruction Amendment A c t. 1 8 7 8.

publication thereof, if the Parliament be then sitting, and if the Parliament be not then sitting, within fourteen days from its next

clitting, for the dispatch of business. %

8. Except so far as the same is inconsistent with this Act a The 1 ~ ~ 6 i o n.

Rabbit Destruction Act, 1875," shall be incorporated and read here- with as one Act.

9. This Act may be cited for all purposes as "The Rabbit Short w e.

Destruction Amendment Act, 1878."

111 the name and on behalf of Her Majesty, I hereby assent to

this Bill.

'WM. F. DRUMMOND JERVOTS, Governor.

kdahide: By authority, E. SPILLER, Acting Gbvernment Printer, Narth-temce.