Stock Routes and Rural Lands Protection Act Amendment Act of 1946 (10 Geo Vi No. 31) (Qld)

252 LANDS. Stock Routes and Rural Lands, Etc., Act. 10 GEO. VI. No. 31, 10 N G o E . O 3 . 1 V . I. An Act to Amend "The Stock Routes and Rural THE STOCK ROUTES AND Lands Protection Act of 1944" in certain RURAL LANDS PROTECTION particulars. ACT AMENDMENT ACT OF 1946. [ASSENTED TO 30TH APRIL, 1946.J B E it enacted by the King's Most Excellent :Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- Short title. 1. (1.) This Act may be cited as " The Stock Routes and RuralLandsProtectionActAmendmentAct of 1946," and shall be read as one with *"The Stock Routes and Rural LandsProtectionAct of 1944," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may be title. collectively cited as " The Stock Routes and Rural Lands Protection Acts, 1944 to 1946." Amendments of the Principal Act. Amendment 2. Section two of the Principal Act is amended as of s. 2. follows :_ [ sRaveipnegasl. s] and ( 1. . ) P aragraph ( ~ .) 0 f t he PrO" VISO IS amended as follows : - (a) In the first subparagraph beginning with the words" Except as" all words after the words" continue in force" to and including the word" expires" are repealed and the following words are inserted in lieu thereof, namely :-" wholly or in part, as the case may be, until the same is revoked, cancelled, or superseded wholly or in part under this Act, or until the same is amended under this Act or expires: Provided that the Governor in Council may from time to time issue any Order in Council under this Act to give effect to the above provisions: " (ii.) Paragraph (vi.) is repealed and the following paragraph is inserted in lieu thereof, namely:- " (vi.) (a) All property other than moneys vested in- (a) The Crown; and/or (b) The Minister ; and/or (c) A Local Authority, under the repealed Acts or any of them at the commencement of this Act shall be deemed to have * 8 G. 6 No. 16 and amending Acts, 1944-5 Sess. v., p. 331.

1946. LANDS. Stock Routes and Rural Lands, Etc., Act. 253 been acquired by the Crown and/or the Minister and/or such Local Authority under and for the purposes of this Act and shall without any transfer, assignment, conveyance, or notice other than this Act as to property so acquired by the Minister and/or such Local Authority be divested from the Minister and/or such Local Authority and shall be vested in and shall attach to and may be enforced by and against the Crown. (b) The Minister may at any time and from time to time for the purposes of this Act deliver possession of, and vest the management and control of, any of the property which under the foregoing provisions has devolved upon the Crown to or in any Local Authority in the Area of which such property is situate for the purposes of carrying into effect the provisions of this Act." 3 Subsection two of section three of the Principal Amendment Act is repealed and the following subsection two is of s. 3. inserted in lieu thereof, namely:- " (2.) No provision of this Act relating to the extirpation and destruction of vermin on, and/or the keeping free from vermin of, any holding, stock route, part of a stock route, reserve for travelling stock, or the bed and banks of any non-tidal watercourse, or any road or any land under the control of a Local Authority, or any Crown land, shall in respect of rabbits apply to or in respect of any holding, stock route, part of a stock route, reserve for travelling stock, or the bed and banks of any non-tidal watercourse, or any road or any land under the control of a Local Authority, or any Crown land, situated in an Area or part of an Area comprised in any of the three rabbit districts specified in subsection one of this section." 4. Subsection one of section five of the Principal Amendment Act is amended as follows :_ of s. 5. . . .. [Interpreta. (1.) The followmg words are added to the defirutlOn tion.] of "Marsupial," namely :-" but exclusive of any Marsupial. marsupial which has been or is from time to time declared under *" The Fauna Protection Act of 1937" (or any Act amending or in substitution of the same) to be fauna to which such Act extends or shall extend and apply." * 1 G. 6 No. 22, 1937 Sess. v., p. 16557.

254 LANDS. Stock Routes and Rural Lands, Etc., Act. 10 GEO. VI. No. 31, Scalper. Scalper or trapper. (ii.) The definition of " Scalpel' " is repealed and the following definition is inserted in lieu thereof, namely :- " "Scalpel' or trapper "-A person engaged in the occupation of the destruction of dingoes and/or foxes and/or rabbits and/or marsupials and/or hares and/or any other vermin; ". Amendment 5. Subsection two of section nine is amended by ofs.9. inserting after the words "or part of a stock route" r[aMiseitnhgods of the words" or all stock routes or parts of stock routes revenue.] in any Area". Repeal of B. 10. 6. Section ten of the Principal Act is repealed. [By-laws.] New s. 10. 7. A new section ten is inserted in the Principal Act, as follows :- Precepts by "[10.] Notwithstanding anything to the contrary Minister. in *" The Local Government Acts, 1936 to 1945," and in this Act contained, the Minister, upon a request in writing from a Local Authority for any Area delivered to him in that behalf prior to the time at which a rate under and in accordance with the provisions of subsection one of section nine would normally be made and levied or be required to be made and levied by such Local Authority, accompanied by a statement in writing certified to by the chairman and clerk of such Local Authority evidencing the total rateable value of all lands in the Area which are rateable under and in pursuance of the provisions of subsection one of section nine of this Act, shall have full power and authority to issue, and shall issue, a precept signed by him and in the form hereunder set out or to the like effect to such Local Authority stating therein the amount of the revenue which, otherwise but for this section, would be required to be raised by such Local Authority by the making and levying of a rate under and in accordance with the provisions of subsection one of section nine of this Act; and upon the issue by the Minister to such Local Authority of such precept, such Local Authority shall be relieved and released from any obligation to make and levy a rate under and in accordance with the provisions of subsection one of section nine of this Act, and such Local Authority shall be and is hereby * 1 G. 6 No. 1 and amending Acts, v. 5, p. 826 et seq.

1946. LANDS. Stock Routes and Rural Lands, Etc., Act. 255 authorised and required to meet such precept and pay out of its General Fund into the Stock Routes and Pests Destruction Fund hereinafter in this Act provided for the amount of such precept. PRECEPT. " The Stock Routes and Rural Lands Protection Acts, 1944 to 1946." To the Council of the Town (or City or Shire) of These are to require you, the Council of the Town (or City or Shire) of , from and out of your Town (or City or Shire) Fund to pay on or before the day of , 19 , into the hands of the Secretary for Public Lands (or as the case may be) the sum of pounds, being the amount of the revenue to be raised in the Area of your Local Authority. Dated this day of 19 Secretary for Public Lands. For the purposes of enabling any' Local Authority to furnish and provide the necessary moneys to meet and payout of its General Fund the amount of any precept issued under this section to such Local Authority, such Local Authority shall have full power and authority to increase the General Rate in any year to be made and levied upon or in respect of all land within its Area which is rateable land for the purposes of this Act under and in accordance with the provisions of subsection one of section nine of this Act, to the extent of the amount of the rate which the Governor in Council has prescribed, by Order in Council under and in accordance with the provisions of subsection one of section nine of this Act." 8. Section thirteen of the Principal Act is amended Amendment as follows :- of s. 13. • [Constitution (i.) In paragraph (1.) of subsection one after the of <;0- . w . ord "Superintendent" the following words are Borodairnda. t]mg Inserted, namely :-" or, in the absence of the Superintendent for any' cause whatsoever, the person for the time being performing the duties of the office of Superintendent". (ii.) The following provision is added to subsection three of the said section, namely:- "A vacancy in the office of a member of the Co-ordinating Board shall occur or arise upon the death or resignation of a member, or upon the inability of a member to act as such or his refusal to act as such, or

256 LANDS. Stock Routes and Rural Lands, Etc., Act. 10 GEO. VI. No. 31, in the event of the absence of a member from three consecutive meetings of the Co-ordinating Board without leave of absence from the Board having been obtained or granted, or upon any member ceasing to retain in himself the status or qualification which is or was necessary or essential for the appointment of him as a member as is hereinbefore provided." (iii.) Subsection five of the said section is amended by adding after the word " Superintendent " the words "or, in the absence of the Superintendent for any cause whatsoever, the person for the time being performing the duties of the office of Superintendent". A o [F f mu s n . ecn 1 td 4 i . monesnt as fol 9 lo . wSse; ct-ion fourteen of the Principal Act is amended of Co- ordinating (i.) In paragraph (d) of subsection two of the said Board.] section after the words "travelling stock rates" the words "in any Areas" are inserted; also after the words "parts of stock routes" the words "in such Areas " are inserted. (ii.) In paragraph (e) of the said subsection two of the said section after the words" in any" the words " Area or " are inserted; also after the words " shall be paid in " tbe words" sucb Area or" are inserted. (iii.) In paragraph (h) of the said subsection two tbe word" by-laws" where it thrice occurs is repealed and the word" regulations" is inserted in lieu thereof. (iv.) Subsection four of the said section is amended as follows;- (a) The first paragraph thereof is repealed and the following paragraph is inserted in lieu thereof, namely :- " If the Minister approves of any plan and/or of any recommendation submitted or made under paragraphs (a) or (b) or (c) or (d) or (h) of subsection two of this section, he shall submit same to the Governor in Council." (b) The second paragraph of the said subsection is amended by inserting after the word" refer" the word " any". (v.) Subsection five of the said section is amended by inserting after the words" approves of" the word " any".

H146. Stock Routes and Rural Lands, Etc., Act. 257 10. Section fifteen of the Principal Act is amended Amendment by adding thereto the following provisos, namely :_ [ oLfo 8 o . a 1 l 5. "Provided that notwithstanding anything in *"The A to u~ u h n o p r r i o t v y e, Local Government Acts, 1936 to 1945," to the contrary &0., stook contained- routes.) (a) A Joint Local Authority shall not at any time after the passing of this Act be constituted under *" The Local Government Acts, 1936 to 1945," for the purpose of exercising or performing any of the functions, duties, or powers which or with which any or each of two or more Local Authorities shall have or shall be charged under this Act, except upon the recommendation of the Co-ordinating Board approved by the Minister; (b) Subject to the provisions of section twenty-one of this Act, a Local Authority or a Joint Local Authority, with respect to functions, duties, or powers which or with which a Local Authority or a Joint Local Authority shall have or shall be charged under this Act, shall not have any power or authority in any way inconsistent with the provisions of this Act or of any of such provisions." 11. S€cticn sixteen of the Principal Act is amended Amendment as follows:- of s. 16. [Powers and (a) In paragraph (viii.) of the said section after the duties of word "by-I aws "the 1 - 0 cI oW I' Ing words are I.nsertde L' Aouctahol rities namely :--" having operation and effect subject to this in respect A C t and t 0 the regu -1 at " ,lOns made" . orofustteosc,k& c.] (b) Paragraph (xi.) is repealed and the following paragraph is inserted in lieu thereof, namely:- " (xi.) Administer within its Area all by-laws having operation and effect subject to this Act and all regulations made under this Act which it is expressly or impliedly required to administer." " I G. 6 No. 1 and amending Acts. v. 5, p. 826 et seq.

258 LANDS. Stock Routes and Rnral Lands, Etc., Act. 10 GEO. VI. No. ;31, Ainendment 12. Section seventeen of the Principal Act is [ o A fgs. 17r. e e am m ende e d n aes t 1 l 0 s lo . w . s:- . wi~ h. . (I.) In subsectIOn one after the word "Mimster" aodwJnoemrsm r g e where it secondly occurs the words " from time to time " water are inserted. facilities for travelling (ii.) Subsection five is repealed and a new subse . ction stock.] five is inserted in lieu thereof, namely : - "(6.) If, upon expiration or sooner determination or cancellation of any agreement made under this section, the Local Authority and the owner or occupier are desirous of entering into a further agreement under this section but are unable to agree on the terms and conditions of such further agreement or the Local Authority and the owner or occupier are unable to agree upon the disposition of assets or on any other relevant matter or thing not provided for in or by the expired, determined, or cancelled agreement, any such matter may be referred by either party to the Land Court for its determination, and in determining the matter the court shall have due regard to the public interest and particularly of the interests of travellers and travelling stock. The determination of the Land Court shall be final and binding on all parties and shall not be subject to appea1." Amendment 13. Section twenty of the Principal Act is a,mended od [D efssut. tr2l ' ue0cs.taiosn t 0 bpyarargerpaepahlm' ' Ign Il' peauratghrearpeohf, ( I ea V ' s) . l 10 al . n O d WS by : - ' msertm' g a new of vermin.] "(iv.) The determination of what are adequate measures or effective measures to destroy or for the destruction of dingoes, foxes, rabbits, or other vermin and/or noxious plants and of what are effective measures for the destruction of dingoes by laying poison baits; ". Amendment 14. Section tweJfty-five of the Principal Act is of s. 25. amended as follows :_ [Penalty for default by (a) After the words "laying of poison" the wor d owner or " baits" is inserted. occupier.] (b) The colon ( : ) at the end of the first paragraph is repealed and a comma ( , ) is inserted in lieu thereof; also the following words are added to the said first paragraph, namely :-" and whether he has been convicted or not the Local Authority shall, it thereunto directed by the Superintendent, authorise any person with or without assistants to enter upon the holding,

LANDS. 259 1946. Stock Routes and Rural Lands, Etc., Act. - ~ - - - -- - - - - - - - -~ ~~~ - stock route, part of a stock route, or reserve and take such measures, and may recover all costs and expenses incurred by such Local Authority in this regard from such owner or occupier in any court of competent jurisdiction; " (c) The proviso to the said section twenty-five IS repealed. 15. Section twenty-six of the Principal Act is Amendment amended by inserting after the words " lay poison" the o[ f Las•.26. f wor d " b aI ' t " S. ' poisyomn ganod setting of traps.] amen 1 . d 6 e d . Saesc I 1 t ! i 0 o 11 n ow t ~ w : e - nty-nine of th.e P.rincipal Act is OA[ Wmf8he.e2nn9d. ment ::lpmg (1.) In subsectIOn one of the saId sectIOn the words occuI?ational "rabbits or marsupials" where such words first occur are repealed and the words" rabbits, marsupials, or any trapI. '~ other vermin" are inserted in lieu thereof. prohibited.] (ii.) In proviso (a) to the said subsection one the words "rabbits or marsupials" are repealed and the words "rabbits, marsupials, or any other vermin" are inserted in lieu thereof. (iii.) In proviso (b) to the said subsection one after the words "is fenced" the words "by itself or with another holding or other holdings " are inserted. (iv.) (a) In the first paragraph of subsection two of the said section the words" rabbits and/or marsupials" are repealed and the words" rabbits, marsupials, and/or any other vermin " are inserted in lieu thereof. (b) In the second paragraph of the said subsection two after the words "Local Authority" the following words are inserted, namely :-" shall have regard to the number and classes of subsisting permits issued for or in respect of such holding or such holdings in addition to any other facts and circumstances which it may see fit to consider and". (v.) (a) In the first paragraph of subsectiOll four of the said section the words" rabbits, and marsupials" are repealed and the words "rabbits, marsupials, and any other vermin " a,n inserted ir. lieu thereof. (b) In the second paragraph of the said subsection four the words "rabbits or marsupials" are repealed and the words "rabbits, marsupials, or any other vermin " are inserted in lieu thereof. -

260 LANDS. Stock Routes and Rtlral Lands, Etc., Act. 10 GEO. VI. No.:n, (vi.) In subsection five of the said section the words " rabbits and marsupials" are repealed and the words "rabbits, marsupials, or any other vermin" are inserted in lieu thereof. (vii.) In the last paragraph of subsection six of the said section after the words "being put shall," the words "at the discretion of the Local Authority " are inserted; also the words "not exceeding in area one- sixth of the entire holding" are repealed. Amendment 17. In the second paragraph of section thirty-four of s. 34. of the Principal Act after the word " erected " the words a[ Pffoixwwerirteo- " or to be erected" are inserted. netting fences.] Amendment 18. Section thirty-nine of the Principal Act is of s. 39. amended as follows :__ [Stock-proof fence.] (i.) A Hew paragraph (a) is inserted in subsection one of the said section, as follows :- " (a) That an existing stock boundary fence between a holding and a reserve or between a holding and a stock route should be made stock-proof, the Local Authority, with the approval of the Minister~ may by notice in writing require the owner or occupier of such holding within a period of time to be specified in such notice to make such fence stock-proof; and thereafter to maintain such fence stock-proof. If such owner or occupier fails to make such fence stock-proof within such period the Local Authority may make the same stock-proof; and if such owner or occupier fails at any time to maintain such fence stock-proof, when made stock- proof either by the Local Authority or by himself, the Local Authority may so maintain such fence. Any costs or expenses incurred by the J..ocal Authority in doing any such act as aforesaid may be recovered from such owner or occupier by action as for a debt in any Court of competent jurisdiction; " (ii.) Paragraphs numbered (a) and (b) are renumbered paragraphs (b) and (c) accordingly.

LANDS. 261 1946. Stock Routes and Rural La;nds, Etc., Act. -- --- -- - -- - -- - - ~ 19. A new subsection three is added to section Amendment fifty-four of the Principal Act, as follows :_ ofs.54. [Recovery of " (3.) Any proceedings for a penalty or for the penalties.] recovery of any costs, charges, or expenses recoverable under this Act in a summary way may be had and taken by- (a) The Local Authority concerned; or (b) The Superintendent or any person or persons authorised from time to time in that behalf by the Minister." 20. In subsection one of section fifty-nine of the ~ e~ ~ ent Principal Act after the words " authorised by" the words ~ E: ~ ry ~ n " the Superintendent or " are inserted. land.] 21. In the second paragraph of section sixty of ~ e~ 1ftent the Principal Act after the words "or other vermin " [In~e~ ty. ] where they twice occur the words "and/or noxious plants" are inserted. 22. Section sixty-two of the Principal Act is Amendment amen d e d as £ 0 II ows:- of s. 62. [ R e gu1a tl . ons (i.) The following prOVISIons are inserted after and Orders subsection one, as follows :_ in Council.] "In addition to and without in any way limiting the generality of the foregoing provisions, such regulations may provide for the following matters, namely:- (i.) (a) Subject to the laws jn force relating to travelling stock, regulating and controlling the use by travelling stock of stock routes and reserves for travelling stock; (b) Regulating and controlling the use by stock other than travelling stock of stock routes and reserves for travelling stock; (c) Regulating and controlling the use by travelling stock or by other stock of water facilities for watering stock _and/or other improvements upon or provided in respect of stock routes or reserves for travellmg stock; (ii.) For securing the maintenance in good and substantial repair of vermin-proof fences erected under or in pursuance of this Act or of any Act repealed by this Act;

262 LANDS. Stock Routes and Rural Lands, Etc., Act. 10 GEO. VI. No. 31,1946. (iii.) With respect to the making, levying, collec- tion, and payment of all rates, assessments on stock, rates on travelling stock, and other charges or fees imposed under or in pursuance of this Act; (iv.) Presoribing fees and charges under or for the purposes of this Act, including fees or charges payable for or in respect of the actual use of facilities for watering stock and/or other improvements on or provided in respect of stock routes or reserves for travelling stock and fees or charges payable for or in respect of the use by stock (other than travelling stock) of stock routes and reserves for travel- ling stock, and for controlling and regulating the collection and payment of such fees and charges; (v.) Presoribing and defining the manner of doing or performing any Act or thing within the jurisdiction of the Minister or the Superin- tendent or a Local Authority under this Act and the time when or within which it shall be done or performed." Operation of (ji.) A new subsection (3A) is inserted after subsection regulations. three of t.he said section, as follows : - . " (3A.) Such regulations may prescribe that they shall come into operation on the publication thereof in the Gazette or may fix therein a date in future on which such regulations, or any regulation or part of any regula- tion, shall so come into force." LEGAL PRACTITIONERS. See SI'PREME COURT. LEGISLATIVE ASSEMBLY. See CONSTITUTION