Ringbarking on Crown Lands Regulation Act 1881 No 20a (NSW)

No. VIII.

Lr̂ Dr Act to regulate R ingbarking on Crown

reô tion . Lands and to lim it claim s for com pensa­ tion under the fifteenth section of the “ Lands Acts further A m endm ent Act of 1880.” [24^/^ November, 1881.]

Preamble. 'T^TH EREA S the practice of ringbarking on Cromi Lands ought

V T to be regulated by law Be it therefore enaeted by the Queen’s

Most Excellent Majesty by and with 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 be cited for all purposes as the “ Bing-
Interpretation of

terms. barking on Crown Lands Regulation Act 1881” In its construc­ tion and for its purposes the expression “ Crown Lands” means

all

1881 . 4 5 ” VIC. No. 8.

Hingbarking on Crown Lands Legulation.

all lands vested in Her Majesty wliieli have not been dedicated to any public purpose or wbicb have not been granted or lawfully contracted to be granted in fee simple but includes all sucb Reserves as under the tbirty-fourtli section of the “ Lands Acts Amendment Act 1875” are declai’cd not to be AAitbdrawn from pre-emptive lease or otlier pastoral leasehold—“ Minister” means any Minister cliarged with the administration of this Act—“ Ilingbarking” or “ to llingbark” respectively means cutting or stripping or to cut or strip the l)ark of a tree for the ]rurposc or in sucb a manner as would naturally have the clVcct of killing or stopping the growth of sucb tree—“ Lessee” means the holder or the promisee of any lease—“ Tree” includes sapling and means any indigenous growing tree of any kind whatsoever.

2. After the passing of this Act no lessee of Crown Lands shall No ringbarking on

ringbark any trees on Crown Lands unless be be the bolder of a per­

mission to ringbark under the band of the Minister And if any sucb Minister,

lessee shall after the passing of this Act ringbark or permit or suffer any person on liis Itclialf to ringbai’k any sucb trees without holding such permission or witliout bobling a permission to ringbark granted before the passing of this Act by the Secretary for Lands or the Secretary for Mines or other Minister duly authorized in that behalf or shall ringbark or permit or suffer any person on bis behalf to ringbark in contravention of the terms or conditions expressed in sucb permission or any of them sucb lessee shall on conviction be liable to a penalty for each tree so ringbarked of not more than ten shillings and not less than one shilling recoverable in a summary way before any two or more Justices upon the complaint of any ofbeer of the Department of Mines or other person authorized by the Minister or upon the complaint of any police officer And on a second or subsequent conviction of a lessee of CroAvn Lands of any offence under this section committed after a first conviction of any sucb offence all bis right to and interest in the lease wherein any sucb illegal or unauthorized ringbarking shall have taken pla<;e shall be liable to be forfeited by the Governor in Council But sucb forfeituic shall only take effect when the Minister shall cause a notification thereof to be published in the Gazette Provided every sucb permission as aforesaid shall be published in the Goternment Gazette within fourteen days after the granting of the same.

3. Whosoever shall ringbark trees on Crown Lands without xvnnKy on persons

boldine: such permission as is numtioned in the last preceding section	lessees for
or a written authority to ringbark such trees under the hand of the lessee of such Crown Lands shall on conviction be liable for each tree so ringbarked to the same penalty (recoverable in the same manner) as is declared in the said section.

4. After the passing of this Act a lessee of CroAvn Lands shall Qualifications on

not be entitled to be paid or to recover under the fifteenth section of ili(̂ ‘‘ Lands Acts further Amendment Act 1880 any compensation in respect of ringbarking unless—

(i.) The ringbarking Avhich forms the subject of the claim for compensation is coA’cred by a permission to ringbark granted by the Minis!or for tin' lime Ixeing authorized fo grant such ])ermission and unless

(n.) 4'he effect of such ringbarking on fhe land in (pu'stion has been to increase the value thereof to any purchaser conditional or otherwise

And in every case the claim for (compensation in respect of such ring­ barking Avludbcr tlie same bas lu'cn carried out before or after tluc ])assing of tliis Act shall b(' one shilling and f brf'e-]){mce pc'r acr(' payable on the (“('rtillcafc of a Surveyor duly authorized in that behalf that the land has been ringbarked.

20 ISTo. 9. 45^ VIC. 1881 .

Designs o f Toions and Villages Correcting.

Legal procedure &c. 5. Por the purposes of this Act and the Act lastly cited and in all proceedings instituted thereunder the provisions folloAving shall take efPect and he complied with by all Courts and persons viz. :—

(i.) At the hearing of every complaint the defendant shall he a

competent witness.

(ii.) If any question shall arise whether any person holds a valid permission to ringbark the burden of proof thereof in the affirmative shall lie on the defendant or person who claims to hold such permission.

(in.) In default of distress for non-payment of any sum awarded as compensation in respect of ringbarking imprisonment of the person in default shall in no case be ordered.

Saviug clause. 6. Nothing in this Act contained shall affect otherwise than as herein expressly provided the provisions of the “ Crown Lands Occupa­ tion Act of 1861” relating to the cutting and use of timber by lessees or any provision in any Act relating to the alienation or occupation of Crown Lands or shall be construed to deprive the Crown of the right to proceed against any lessee by action of waste or otherwise.