Stock (Prevention of Blue Tongue) Act of 1965 (Qld)

844 e ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 60 of 1965 An Act Relating to Measures Taken for the Prevention of a Possible Outbreak of the Stock Disease commonly called Blue Tongue [ASSENTED TO 17TH DECEMBER, 1965) BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited`as " The Stock (Prevention of Blue Tongue) Act of 1965.- (2) Interpretation . This Act shall be read as one with " The Stock Acts. 1915 to 1965."

Stock ( Prevennon of Blue Toa,wue) Acr of 1965, A'o. 60 845 2. Quarantine and destruction of stock in case of suspected blue tongue infection . It is hereby declared that it aiways was lawful- (a) for an inspector, pursuant to the powers in that behalf conferred upon him by section thirteen of " The Stock Acts. 1915 to 1965," to place in quarantine for the reason that it was suspected to be infected with blue tongue any and every part of the area set out in the Map in the Schedule to this Act (being the area edged with continuous black line); and (b) in the case of any stock which at any time on or after the ninth day of November, one thousand nine hundred and sixty-five was within the area set out in the Map in the Schedule to this Act, for the Minister or any officer of the Department of Primary Industries purporting to be thereunto delegated by the Minister, pursuant to the powers in that behalf conferred upon him by section fourteen of " The Stock Acts, 1915 to 1965," to order (either in writing or verbally) the destruction of such stock for the reason that such stock was suspected to be infected with blue tongue, and every written notice whereby an inspector purported to place in quarantine any part of the said area and every order mentioned in paragraph (b) of this section is hereby ratified and validated accordingly. 3. Cotiinuioce of quarantine . Every part of the area set out in the Schedule to this Act the subject of a written notice referred to in section two of this Act shall be deemed to be an area duly placed in quarantine under and by virtue of the provisions of " The Stock Acts, 1915 to 1965," and, in respect of every such part, such quarantine shall continue until the part in question is released therefrom as prescribed by those Acts. 4. Compensation. (1) Subject to this section the Crown shall pay compensation to every owner of stock destroyed before the date of the passing of this Act pursuant to an order mentioned in section two of this Act. (2) Compensation as provided for by this section shall not be payable unless claimed by notice in writing given to the Minister on or before the thirtieth day of April, one thousand nine hundred and sixty-six. (3) In estimating the compensation to be paid there shall be taken into consideration- (a) the cost of replacing the destroyed stock with stock of similar type and age when the quarantine ends; (b) any loss of profits consequent on the destruction of the stock; and

846 Stock ( Prevention of Blue Tongue ) Act of 1965, No. 60 (c) by way of set-off , any amount payable in respect of the purchase of the stock or carcass thereof by the owner of any abattoir whereat the stock has been slaughtered. (4) The Minister and the owner may agree upon the amount of compensation to be paid. Failing such agreement , the owner may recover from the Crown by action in a court of competent jurisdiction compensation as provided for by this section. (5) Prior to the determination (whether by agreement or by order of a court of competent jurisdiction) of the amount of compensation provided for by this section the Crown may pay to the owner concerned any sum or sums in respect of such compensation and every such payment shall be set-off against the amount payable by reason of the determination. (6) Compensation as provided for by this section shall not be paid to or recovered by the person whose action in connection with the bringing of cattle semen into the area set out in the Map in the Schedule to this Act resulted in the placing in quarantine of the several parts of that area. (7) No person shall have any right or claim against the Crown, the Minister or any officer of the Department of Primary Industries, or other person acting at the direction of the Minister or any such officer to damages or, except as prescribed by this section, compensation in respect of stock destroyed pursuant to an order mentioned in section two of this Act. 5. Destruction of vectors . ( 1) A person thereunto authorised by the Minister (in this section called an " authorised person " ) or an inspector may search for, destroy, or search for and destroy vectors of blue tongue within the area set out in the Map in the Schedule to this Act and for that purpose may enter, using force if necessary , upon any land in the said area (with or without assistants, vehicles and implements) and may thereon take and do all such steps and things as he deems expedient. (2) A person shall not obstruct, resist or hinder or attempt to obstruct, resist or hinder an authorised person or an inspector in the exercise of his powers under this section. Penalty: Two hundred pounds or imprisonment for six months. or both. (2) Subsection (1) of this section applies retrospectively to the exercise. prior to the passing of this Act, of any power specified in that subsection by an inspector or with the knowledge and consent of an inspector so that every person who exercised any power specified in that subsection shall be deemed to have been thereunto lawfully authorised.

Stock ( Prevention cf Blue Tongue) Act of 965. No. 60 SCHEDULE AREA REFERRED TO IN SECTION 2 Scale of Miles 0I 23 84" -e•+ro yr , -^ /^, 499 MERMAID ,.: 290 , ^- ;, a T.. ^ 2cv • • 311 F `^c14v^ rL 255 244 F f ^7 Brb rL FF G' i 264 do I I ^23^4 ^ F k^ 1' f fI R ' CiIM 0. ^^1.1 751' 27 , It3^'•^ ^ 2 F ; j `-cam Pi 4v 0 - ,. - 0uT F u -A u 1F0 2 456 aF x. t0 11 i2II: i^