Spanish Radish and Scotch Thistle Prevention Act 1874 (WA)

WESTERN AUSTRALIA

ANNO TRIGESMIO OCTAVO

VICTORT51 REGINE

No. 12

An Act for preventing the further spread of the Spanish

Radish and Scotch Thistle.

[Assented to 6th August, 1874.

Preamble

HEREAS it is desirable that measures be taken to prevent the

Wthroughout the Colony : Be it therefore enacted by His Excellency thefurther diffusion of the Spanish radish and Scotch thistle

Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

Owner or	1. If at any time after the passing of this Act any owner or occupier
occupier of land

to destroy	of land upon which land or upon the adjacent half of any road any of
Spanish radish	the plants commonly known in the said Colony as the Spanish radish
or Scotch thistle	or Scotch thistle shall be growing, shall not, within three months after

38 VICTORDE. No. 12

Spanish Radish and Scotch Thistle

any notice in writing that any such plants are growing upon such land

or on the adjacent half of any road, signed by the Chairman of any

Board of Roads within any district, or by any Resident Magistrate, or

by any person authorised by the Commissioner of Crown Lands, shall

have been served upon such owner or occupier, or left for him at his

usual or last known place of abode, effectually destroy all of such plants

then growing or being upon such land or adjacent half of the road,

every such owner or occupier, being convicted thereof, shall be liable

to a penalty of not less than five pounds or exceeding fifty pounds ; and

Penalty

such penalty may be recovered and the matter thereof heard and

determined by any two or more Justices of the Peace in a summary

way : Provided that in the case of sheep or cattle run the notice shall

Proviso

specify, as nearly as possible, where the said plants are growing :

Provided also, that it shall be lawful for any such Justices to suspend

Proviso

any conviction upon being satisfied that the person so receiving such notice has used and is using reasonable exertions to destroy such plants.

2. If there be no occupier of any such lands, then notice as afore- said shall be given by advertisement in the ' Government Gazette ' or

If no occupier,

Niel, notice to he

given by an.

one of the Perth newspapers, and every such notice shall be deemed

vertisentent

sufficient notice to the owner of such land from the time of publication

as aforesaid : Provided that it shall not be necessary for such notice to

Proviso

specify the name of any person as owner of the land therein referred to.

And provided, also, that no owner of any such lands shall be liable to

Proviso

any payment beyond the expense of and occasioned by the destruction and eradication of the said plants upon such land and adjacent half of the road as hereinbefore provided, together with costs of the advertise- ments and the costs of suit.

3. If any such owner or occupier shall, for such space of three months, refuse or neglect to destroy the plants specified in such notice,

If owner or

oncecgMr sisal!

it shall and may be lawful for any person authorised in that behalf by

Voa ankis,mBaoyard of

Board of Roads within its district to destroy and eradicate the same ;

destroy

and for that purpose shall employ assistants to enter upon any land in respect whereof such notice may have been given as aforesaid ; and every such person shall be entitled to receive from either the owner or occupier the expense of and attending the destruction and eradication of such plants ; such expenses, including advertisements and costs of suit, to be assessed and allowed by any two or more Justices of the Peace in a summary manner.

4. All penalties recoverable under this Act shall be payable to the Colonial Treasurer, for the use of Her Majesty, her heirs and successors, for the public use of the said Colony, and in support of the Government thereof, excepting in cases where any such information or complaint shall be laid at the instance of any Board of Roads, when the whole of such penalty shall be paid to such Board of Roads in aid of the funds of such Board : Provided that it shall be lawful for the Governor to remit the whole or any part of such penalty.

Penalties

5. This Act may be cited as ' The Spanish Radish and Scotch short title

Thistle Prevention Act, 1874.'

FRED. A. WELD,

GOVERNOR.