Stock Routes and Rural Lands Protection Act of 1944 (8 Geo Vi No. 16) (Qld)

LAND. Stock Routes and Rural Lands Protection Act. 8 GEO. VI. No. 16, 1944. 331 An Act to Consolidate, Amend and Provide for the 8 N G o E . O. 16 V . I. Co-ordinated Administration of certain Laws Sio~ K relating to Stock Routes and Stock Reserves lu' i~ ~ ' Lt: ~ s •• PROTECT! ON and the DestructIOn of AnImal and Vegetable Al~ 4~ 1! Pests, and for incidental and consequential purposes. [ASSENTED TO 8TH DECEMBER, 1944.] 13 E it enacted by the King '8 Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Act may be cited as " The Stock Routes and Short title RuralLandsProtectionAct of 1944," and shall, except and com- t as herein otherwise provided, come into operation on : e1~ ~ ~ en a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. 2. Subject to the provisions hereinafter in this Repeals. section contained, the Acts specified in the Schedule to [Schedule.] this Act (herein referred to as the" repealed Acts ") are repealed to the extent in that Schedule indicated: Provided that, without prejudice to *" The Acts Savings. Shortening Acts"- (i.) Except as hereinafter provided in this section, every Proclamation, Order in Council, regulation, by-law, rule, notification, registration, permit, order, license or direction made, issued or given under or in pursuance of the repealed Acts or any of them and in force at the commencement of this Act, shall, subject to the proviso to this paragraph, continue in force until the same is revoked, cancelled or amended under this Act or expires : Provided that every such Proclamation, Order in Council, regulation, by-law, rule, notification, regis- tration, permit, order, license or direction shall, on and from the commencement of this Act, operate and have effect subject to this Act. * 31 V. No. 6, v. I, p. 56.

332 LAND. PART 1.- PRBLIJUNARY. S toe k R outes and Rural Lands Pr'oteetw . n Act. 8 GEO. VI. No. '16, (ii.) Notwithstanding the provisions of paragraph (i.) of this proviso, the Order in Council referred to in section thirty-one of *" The Land Acts and Other Acts Amendment Act of 1937," is hereby revoked and every delegation made under such Order in Council and/or under the provisions of section 4A of t" The Stock Routes Improvement and Animal and Vegetable Pests Destruction Acts, 1936 to 1938," by the Minister to a Local Authority in force at the commencement of this Act is hereby revoked. (iii.) Notwithstanding the provisions of paragraph (i.) of this proviso, every Order in Council made under section six of t" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933," and in force at the commencement of this Act is hereby revoked and every Local Authority prescribed by any such order in Council shall cease to be a Board within the meaning of §" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1943." (iv.) Notwithstanding the provisions of paragraphs (ii.) and (iii.) of this proviso- (a) All works, matters and things commenced by The Governor in Council or the Minister or any Local Authority under the repealed Acts or any of them may be continued and completed as if no such repeal had been made; (b) Any assessment upon stock or rate which having been made, or made and levied, by a Local Authority under the repealed Acts or any of them prior to the commencement of this Act was immediately prior to such commencement leviable by or payable to such Local Authority shaH be and continue to be payable to or (if not already levied) leviable by and payable to such Local Authority, and any amount of any such assessment or rate not duly paid may be recovered under this Act; '" 1 G. 6 No. 18, 1937 Sess. v., p. 16753. tiE. 8 No. 8 and amending Acts, v. 3, pp. 138 et seq. t 24 G. 5 No. 29, v. 3, p. 128. § 21 G. 5 No. 44 and amending Acts, v. 3, pp. 96 et aeq.

LAND. Stock Routes and Rural Lands PrQtection Act. 333 PART 1.- PRELIMINARY. (c) Any agreement made in pursuance of the repealed Acts or any of them between a Local Authority and any person prior to and in force at the commencement of this Act shall continue in force to the same extent as if no such repeal had been made. (d) All actions and proceedings commenced and not concluded before, or pending at, the commencement of this Act by or against any Local Authority under or in pursuance of the repealed Acts or any of them may be instituted or carried on and prosecuted by or against such Local Authority, and no such action or proceeding shall abate, or be discontinued or be prejudicially affected by the repeal of the repealed Acts or any of them; (e) All penalties and forfeitures imposed under the repealed Acts, or any of them, and incurred prior to the commencement of this Act shall be enforceable and may be enforced as if this Act had not come into operation. (v.) All moneys which, having been paid to and received by a Local Authority under or in pursuance of the repealed Acts, or any of them, prior to the commencement of this Act are in the possession of such Local Authority at such commencement, and all such moneys which are paid to and received by a Local Authority after such commencement, shall be trans- mitted by such Local Authority to the Treasury for payment into the Fund established at the Treasury under this Act, and every such Local Authority shall render to the Minister, or to any person appointed by him, all such accounts and particulars as the Minister or such person shall deem necessary to ensure compliance by such Local Authority with the provisions of this paragraph: Provided that any expenditure duly incurred by a Local Authority under or in pursuance of the repealed Acts or any of them and not defrayed prior to the commencement of this Act, may be defrayed from such moneys.

334 LAND. PART 1.- PRELDUNARi'. Stock Routes and Rural Lands Protection A.ct. 8 GEO. VI. No. '16, (vi.) All property other than moneys vested in a Local Authority under the repealed Acts or any of them at the commencement of this Act shall be deemed to have been acquired by such Local Authority under and for the purposes of this Act and shall continue to be vested in such Local Authority accordingly. This Act not 3. (1.) This Act shall be read and construed so ~ T~ ffe; \ b. t as not to limit the operation and effect within the Rabbit Act8,S 19~ 3' Districts of Leichhardt, Darling Downs, and Moreton of to 1943." *" The Rabbit Acts, 1913 to 1943," and the Rabbit Board for each such Rabbit District shall continue to exercise its functions, powers and duties under such lastmentioned Acts. ( 2~ ) No provision of this Act relating to the extir- pation and destruction of vermin on, and/or the keeping free from vermin of, any holding, stock route or part of a stock route, road or land under the control of a Local Authority or Crown land, shall in respect of rabbits apply to or in respect of any holding, stock route, or part of a stock route, road or land under the control of a Local Authority or 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. Parts of Act. 4. This Act is divided into parts as follows:- PART I.-PRELIMINARY; PART II.-MINISTERIAL ADMINISTRATION; AND DEPARTMENTAL PART III.-CONSTITUTION, FUNCTIONS, AND DUTIES OF THE CO-ORDINATING BOARD ; PART IV.-FUNCTIONS AND DUTIES OF LOCAL AUTHORITIES; . PART V.-DESTRUCTION OF DINGOES, OTHER VERMIN, AND NOXIOUS PLANTS; PART VI.-CONTROL AND REGULATION OF OCCUPATIONAL ScALPERS AND TRAPPERS; PART VII.-VERMIN-PROOF FENCES; . PART VIII.-FINANCE; PART IX.-GENERAL. * 4 G. 5 No. 7 and amending Acts, v. 7, pp. 1180 et 8Sq.

1944. LAND. Stock Routes and Rural, Lands Prottection Act. 335 PART 1.- PRELII\UNARY. General Provisions. 5. (1.) In this Act, unless the context otherwise ~ terpreta. indicateEl, the following terms have the meanings set tlOn. against them respectively, that is to say:- ' " Area "-The Area of a Local Authority or of a Area. Joint Local Authority including, with respect to Brisbane City Council, the City of Brisbane ; " Cattle "-Includes horses and mules; Cattle. " Co-ordinating Board "-The Co-ordinating co-. . Board constituted under this Act; Bo o rd a i r nd • atmg " Dingo "-A dingo or half-bred dingo, or any Dingo. undomesticated dog generally known as a wild dog inhabiting the bush and apparently having no owner and being under no control; " Holding "-Any ,country land, whether held in Holding. fee-simple or under any tenure or subject to any trust under any Act relating to the alienation of Crown land; <, Inspector "-An Inspector appointed under and Inspector. for the purposes of this Act: the term includes any person appointed by the Minister to perform the duties of an inspector: the term where necessary also includes any officer of the Department of Public Lands, the Sub-Departments of Forestry, Irrigation and Water Supply, and the Prickly-Pear Land Commission, and any officer of the Depart- ment of Agriculture and Stock for the time being performing, with the approval of the Land Administration Board or the Secretary for Agriculture and Stock, as the case may be, the duties of an inspector ; <, tJoint Local Authority"-A Joint Local JointLocaI Authority within the meaning of the Local Aut,hority. Government Acts; " Land Acts "-*" The Land Acts, 1910 to 1943," Land Acts. or any Act amending or in .substitution for the same: the term where necessary includes any Act relating to the occupation, leasing or alienation of Crown land; ... 1 G. 5 No. 15 and amending Acts, v. 5, pp. 15 et seq.

336 LAND. PART 1.- PRELllllINARY. Stock Routes and Ru,ral Lands Protection Act. 8 GEO. VI. No. '1'6, Local Government Acts. Local Authority. Manager. Marsupial. Marsupial- proof. Minister. Noxious plants. " Local Government Acts "-*" The Local Govern- ment Acts, 1936 to 1943," or any Act amending or in substitution for the same; "Local Authority "-A Local Authority con- stituted under the Local Government Acts: the term where necessary means and includes a Joint Local Authority: the term also includes Brisbane City Council constituted under t" The City of Brisbane Acts, 1924 to 1944": the term also includes the Commis- sioner of Irrigation and Water Supply within the meaning of t" The Irrigation Acts, 1922 to 1934" (or any Act amending or in sub- stitution for the same), where, pursuant to such lastmentioned Acts, the said Commis- sioner is a Local Authority; " Manager "-The resident manager of a holding the owner of which is not resident; "Marsupial "-A wallaby, kangaroo, wallaroo, paddamelon, bandicoot or kangaroo rat; " Marsupial-proof," used with respect to fencing- of such cha,racter as to prevent the passage of dingoes and marsupials as herein defined; " Minister "-The Secretary for Public Lands or other Minister of the Crown for the time being charged with the administration of this Act; ., Noxious Plants "-Prickly-pear (Op'ltntia, various), zamia (cycadaceous plants), desert poison bush (Gastrolobium grand~ florum) bathurst burr (Xanthium spinosum), gal- vanised burr (Bass1:a Birchii), noogoora burr (Xanthium strumarium) , African box thorn (Lycium horridum) and any other plant or weed which the Governor in Council by notification in the Gazette declares to be a noxious plant for the purposes of this Act, either in any particular Area or Areas or throughout the State; - ~ ~ ~ ~ - - -- - ~ - - ~ - * 1 G. 6 No. 1 and amending Acts, v, 5, pp, 826 et seq. t 15 G. 5 No. 32 and amending Acts, v. 10, pp, 6 et seq. t 13 G. 5 No, 29 and amending Acts, v, 9, pp. 874 et seq.

1944. LAND. Stock Routes and RuralLandsProtectionAct. 337 PART 1.- PRELIlII1NARY. " Owner "-The person for the time being entit,led Owner. to possession of a holding or stock as the case may be; " Prescribed "-Prescribed by this Act; Prescribed. " Regulations "-Regulations made under the Regulations. authority of this Act; " Resident "-Resident in the Area; Resident. " Scalp "- Scalp. With respect to dingoes, means and includes a portion of the skin of the head of a dingo to which both ears are attached and a strip of the skin down the back with the tail or such other portion of the skin as may be determined by the Minister and notified in the Gazette; With respect to foxes, means and includes the head or a portion of the skin of the head to which both ears .and both nostrils are attached; With respect to marsupials, means and includes a strip of the skin down the face with both ears and both nostrils attached; " Scalper "-A person engaged in the occupation Scalpel'. of the destruction of dingoes and/or foxes and/or marsupials; "Statutory Return "-A return of stock made Statutory under *" The Stock Returns Acts, 1893 to Return. 1942," or any Act amending or in substitution for that Act; " Stock "-Cattle, sheep, horses and mules; Stock. "Stock route "-Any road or route ordinarily Stock route. used for the purpose of travelling stock or declared under this Act or any other Act to be a stock route; " Superintendent "-The Superintendent of Stock Superin. Routes and Pest Destruction: the term tendent. includes an assistant superintendent, whether * 57 V. No. 10 and amending Acts, v. 8, pp. 1193 et seq.

338 LAND. PART 1.- PRELIMINARY. Stock Routes and Rural Lands PrO'tection Act. 8 GEO. VI. No. '1'6, This Act. appointed generally or in respect of any Area or Areas, and also any person for the time being performing the duties of the office of superintendent; " This ActJ'-This Act and all regulations, Pro- clamations, Orders in Council, and Orders made and issued hereunder; . Travelling stock. " Travelling stock "-Stock, whilst under reason- able control, which are being travelled or driven by land other than in the holding where they are ordinarily depastured ; Vermin. " Vermin "-A dingo, fox, rabbit, hare, marsupial, and anv other noxious animal or bird which the Governor in Council may by Order in Council from time to time dedare to be vermin under this Act. Year. " Year "-The period. of time from and including the first day of July in anyone calendar year to and including the thirtieth day of June in the next succeeding calendar year. Land Acts definitions to apply. (2.) Any term used in this Act, and not defined in the preceding subsection, to which a meaning is assigned hy section four of the Land Acts shall, unless the context of this Act otherwise indicates or requires, bear the meaning so assigned to such term by the Land Acts. Ratio of sheep to cattle. (3.) For the purpose of determining any matter arising under or in pursuance of this Act with respect to cattle and sheep depastured on the same holding all such cattle and sheep shall be taken into account, and for that purpose ten sheep shall be deemed to be the equivalent of three head of cattle. Holdings situated in two Areas. (4.) When a holding is situated partly in one Area and partly in another or other Areas the Minister shall determine the Area in which the holding is for the purposes of this Act to be deemed wholly to be situated; in making his determination the Minister shall give due consideration to the respective portions of the holding which are situated in each Area and to the numbers of stock which ordinarily are depastured on the portions of the holding respectively so situated.

LAND. 339 1944. PART Stock Routes and Rural; Lands Pro.tection Act. n.-MINISTERIAL AND DEPARTMENTAL ADMINIS- PART II.- MINISTERIAL AND DEPART- MENTAL ADMINISTRA- TION. TRATION. 6. (1.) This Act shall be administered by the Minister to Minister. : ~ ! ~ ~ er (2.) The Governor in Council may appoint a Superintendent of Stock Routes and Pest Destruction and such and so many Assistant Superintendents of Stock Routes and Pest Destruction, inspectors and other officers as he shall think necessary for the administration of this Act. (3.) Every such appointment shall be made under *" The Public Service Acts, 1922 to 1924," and a person may be appointed or seconded to hold office under this Act in conjunction with any other office held by him under such lastmentioned Acts. (4.) Every such appointee shall, in respect of the office to which he is appointed under this Act, be deemed to be an officer of the Department of Public Lands. 7. The Governor in Council may by a notice Declaration published in the Gazette declare any road or route to be ofs;:ck a stock route under and for the purposes of this Act. rou s. 8. The Minister may, for the purposes of the due Powers of and proper administration of this Act- the Minister_ (a) Require every Local Authority to account to him for all assessments on stock, rates, charges and/or fees made or payable under this Act by or to such Local Authority and for the due and proper making, levying and collection and payment into the Fund of every such assessment, rate, charge or fee; (b) Require every Local Authority to satisfy him that such Local Authority has expended in a proper and economical manner all moneys made available to such Local Authority from the Fund; (c) Employ or authorise the Superintendent'to employ such employees as he shall deem necessary for any purpose of this Act and authorise the payment from the Fund of the wages of such employees; * 13 G. 5 No. 31 and am,ending Acts, v. 7, pp. 1139 et seq.

340 LAND. PART II.- MINISTERIAL AND DEPART- MENTAL ADMINISTRA- TION. Stock Rotdes and Rural Lands P1'otection Act. 8 GEO. VI. No. '16, (d) Authorise the payment from the Fund of the costs, charges and expenses of the adminis- tration of this Act incurred by him or by the Superintendent with his approval; (e) Authorise the payment from the Fund to any Local Authority of such sums as are approved by him for payment to such Local Authority for the purposes of defraying the costs, charges and expenses incurred or to be incurred by such Local Authority in respect of any of its powers, functions or duties under this Act, including expenditure incurred by such Local Authority in the payment of bonuses for the destruction of vermin; (f) Contract or authorise the Superintendent to contract with persons for the execution of any matter or thing required for any purpose of this Act, and authorise payments from the Fund 'to such persons in terms of their respective contracts. Methods of 9. (1.) The Governor in Council may, upon the rreaviseinnuge. irnecComoumnceinldpautibolnishoefdthine tChoe- o G r a d z i e n tt a e t , inaguthBoorairsde, abnyd dOirrdeecrt funds to be raised in any year in the Areas of such Local Authorities as may be prescribed in such Order in Council by- (i.) An assessment on stock not exceeding six shillings on every thirty head of cattle or one hundred sheep, or proportionate number of cattle and sheep; and/or (ii.) A rate upon the rateable value of all land in the Area prescribed by this section to be rateable for the purposes of this Act, which rate shall not exceed one penny in the pound of such rateable value. All land in the Area which is rateable for the purposes of the Local Government Acts shall also be rateable for the purposes of this Act with the exception of land used or intended for use for residential, industrial, manufacturing, business or mining purposes and situated in the Area of any City or Town or, in the case of a Shire, within any township therein. The amount of any such assessment or rate may differ in respect of different Areas.

LAND. 341 PART II.- 1944. Stock Routes and Rural Lands Pro!tection Act. MINISTERIAL AND DEPART- MENTAL Notwithstanding the foregoing provisions of this ADMTIINOINST. RA- section, an owner or occupier of a holding shall not be subjected in anyone year to both a rate upon the rateable value of the land comprised in such holding and an assessment upon the stock depastured upon such holding and owned by him. (2.) The Governor in Council may, upon the recommendation of the Co-ordinating Board, by Order in Council published in the Gazette, authorise funds to be raised by a rate (herein referred to as a "travelling stock rate") of such amount as is specified in such Order in Council upon stock travelled upon any stock route or part of a stock route prescribed in such Order in Council. 10. (1.) The Governor in Council may make such By-laws. by-laws as may be necessary for the proper exercise and performance by a Local Authority of the functions, powers and duties conferred or imposed upon such Local Authority by this Act and for regulating and controlling the carrying out by Local Authorities and other persons of the provisions of this Act. (2.) The Governor in Council may, but without limit to the generality of his power to make by-laws, make by-Iaws- (i.) Subject to the laws in force relating to travel- ling stock, regulating and controlling the use by travelling stock of stock routes and reserves for travelling stock, and 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 travelling 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; (iii.) With respect to the making, levying, collection and payment of all assessments on stock, rates on travelling stock and other charges or fees imposed under or in pursuance of this Act;

342 LAND. PART 11.- MINISTERIAL AND DEPART· MENTAL ADMINISTRA- TION. Stock Routes and Rural LandsProtectionAct. 8 GEO. VI. No. -1'6, (iv.) Prescribing fees and charges under or for the purposes of this Act, including fees or charges in respect of the use of facilities for watering stock and/or other improvements upon or provided in respect of stock routes or reserves for travelling stock and for controlling and regulating the collection and payment of such fees and charges. (3.) The by-laws may prescribe that the fee or charge payable for the use of such water facilities as aforesaid shall be- (a) A fee or charge as prescribed payable for the actual use made for each such water facility; or (b) A composite fee or charge as prescribed payable in respect of aB water facilities provided on a specified stock route and/or its associated reserves for travelling stock and so payable notwithstanding that no use is made or intended to be made of all or any such water facilities; or (c) A composite fee or charge as prescribed payable in respect of all water facilities provided on stock routes and/or their associated reserves for travelling stock within an Area within which this Act is in force or a specified part of such Area and sa payable notwithstanding that no use is made or intended to be made of all or any such water facilities. (4.) In making any by-law the Governor in Council shall have regard to the uniform and co-ordinated administration of this Act in all Areas. (5.) A by-law may prescribe that it or any other by-law specified therein shall apply only in such Area or Areas as are specified in such by-law, but, unless the application of a by-law is so limited, such by-law shall be in force in every Area. tDtehunetdiSeeunspto. efr.m- 0 f th 1 e 1. SuIpnOearmdtdietniodnentto tahse optohwereWrsl 0 , seduptrieesscarInobdedfunm ° ctitohn I Os S Act, the Superintendent shall- (i.) Subject to the Minister, be charged with the supervision of the administration of this Act and in particular with the co-ordinated

LAND. 343 1944. PART 11.- Stock Rottles and Rural Lands Prortection Act. MINISTERIAL AND DEPART- JllENTAL carrying out by Local Authorities of. their ADM T I I N O I l S l! T . RA.. respective functions, powers and duties under this Act; (ii.) Perform such other duties relative to the administration of this Act as the Minister shall direct. 12. (1.) If any Local Authority refuses or fails When to exercise or discharge any function, power or ~ cti~ ~ , al duty conferred or imposed upon such Local Authority A~th~rit; C under or in pursuance of this Act or, in the opinion of to be. d the Minister is not exercising or discharging any such ~ ; e~ : ; rin_ function, power or duty in a manner calculated to tendent. effect within its Area the objects of this Act, the Minister may, by a notice published in the Gazette, declare that such Local Authority shall cease to exercise and discharge within its Area such of the functions, powers and duties conferred or imposed upon it by this Act as may be prescribed in such notice, and may by such notice appoint the Superintendent to exercise and discharge within such Area such prescribed functions, powers and duties. (2.) The 8-qperintendent shall in respect of the exercise and discharge, within the Area of any Local Authority mentioned in a notice published in the Gazette by the Minister under subsection one of this section, of the functions, powers and duties prescribed in such notice be deemed to be such Local Authority. (3.) A notice under this section shall remain in force for such period as may be specified therein, or if no such period is specified therein until it is revoked by the Minister by notification published in the Gazette. The period, if any, so specified in any such notice may be extended from time to time by the Minister, but every such extension shall be notified in the Gazette. PART III.- COll!STlTUTlOlI!, FUlI!CTlOll!S PART IlL-CONSTITUTION, FUNCTIONS AND DUTIES OF ~ l! ' ~~lES THE CO-ORDINATING BOARD. cO- ~ a: ~ ~ lll! G 13. (I.) There shall be a Co-ordinating Board Constitution consisting of nine members, as follows:- oofrd< m? o- at.mg Board. (i.) The Superintendent who shall be chairman of Membership the Board; of Board. (ii.) A member of a Local Authority nominated in that behalf by the Local Authorities Association of Queensland;

344 LAND. PART 111.- c~ ~ ~ ~ ~ ~ ~ I~ N, Stock Routes and RuralLandsProtectionAct. 8 GEO. VI. No. '16, AND DUTIES OF THE CO-ORDINATING BOARD. (iii. ) Two owners or occupiers of holdings, one of whom shall be nominated in that behalf by the United Graziers' Association of Queensland and the other by the Selectors Association of Queensland ; (iv.) An officer of the Department of Local Govern- ment nominated in that behalf by the Minister for the time being administering such Department; (v.) An owner or occupier of a holding nominated in that behalf by the Council of Agriculture; (vi.) A senior officer of the Stock Branch of the Department of Agriculture and Stock nominated in that behalf by the Minister for the time being administering such Depart- ment; (vii.) An accountant nominated in that behalf by the Auditor-General; (viii.) An engineer (or other person with suitable technical qualifications) nominated in that behalf by the Co-ordinator-General of Public Works. (2.) Every member of the Co-ordinating Board shall be appointed by the Governor in Council by notification published in the Gazette and shall, subject to this Act, be appointed for such period as the Governor in Council shall fix and be eligible for re-appointment. (3.) Any vacancy which occurs in the office of a member of the Co-ordinating Board shall be filled as soon as may be by the appointment by the Governor in Council of another member who shall be qualified to hold such vacancy as a member and shall be nominated in accordance with subsection one of this section. (4.) If any person or association of persons thereunto authorised by this section,' fails or refuses to nominate a member or a person to fill a vacancy, or the person nominated refuses to act as a member, the Governor in Council may nevertheless appoint some person to be such member or, as the case requires, to fill such vacancy. Proceedings (5.) The Co-ordinating Board shall meet for the of Board. transaction of business as often as may be necessary but, in any event, at least once in each half-year.

LAND. 345 1944. Stock Routes and Rura~ Lands Protection Act. PART IlI.- CONSTITUTION, FUNCTIONS, AND DUTIES OF THE Meetings of the Co-ordinating Board shall be called CO- ~ R~ ; : ; : ING by the Superintendent. (6.) The Governor in Council may make regulations Regulations. for the conduct ofthe business of the Co-ordinating Board, and without limiting the generality of this provision such regulations may prescribe the procedure at meetings either generally or as to any particular matter, quorum, non-attendance at meetings and consequences thereof, method of voting, casting vote, allowances to members, records, and all other matters necessary to ensure the good order and conduct 0f the business and proceedings of such Board. (7.) This section and section fourteen of this Act Operation of S ha11 come m. t 0 operat'IOn on the passm. g 0 f th I ' S Act. Part Ill. 14. (1.) The Co-ordinating Board may make Functions recommendations to the Minister with respect to such ~ ;d~ ~~ ting matters and things as in its opinion affect or may affect Board. the carrying out of the objects of this Act, and in particular concerning matters or things which in its opinion should be done or executed for the purpose of enabling all or any such objects to be carried out in accordance with a planned and co-ordinated scheme, due regard being had to the importance and order of priority of each such matter or thing in its relation or intended relation to such objects considered as a whole. (2.) In addition to its powers, functions and duties as otherwise prescribed in this Act, the Co-ordinating Board shall have the following functions, powers and duties, namely- (a) Such Board may, when and so often as it thinks necessary so to do, and shall if at any time it is thereunto directed by the Minister, prepare and submit to the Minister a plan for a co-ordinative programme of works for the improvement and maintenance of stock routes and for the carrying out of all such other matters and things as are authorised or required to be done or executed under or in pursuance of this Act by Local Authorities or owners or occupiers. Moreover the Co-ordinating Board may, and shall if thereunto required by the Minister, prepare and submit to the Minister recom- mendations for the orderly carrying out over

346 LAND. PART IIJ.- - - - - - - - . - . - . ~ . - . ~ - - - . c~ ~ ~ ~ ~ ~ ~ N, Stock Routes and R1lml Lands Protection Act. 8 GEO. VI. No. '16, AND DUTIES OF THE CO-ORDINATING BOARD. a period or during any particular period of the whole or any part of the works, matters and things included in such plan; (b) To recommend the making of an assessment on stock in any Areas and the respective amount of such assessment in each such Area; (c) To recommend the making of a rate in any Areas and the respective amount of such rate in each such Area; (d) To recommend the making of travelling stock rates and the stock routes or parts of stock routes in respect of which such rates should be made; (e) To recommend the payment of bonuses for the destruction of dingoes and/or other vermin in any Areas and the respective amounts of such bonuses which shall be paid in each such Area; (f) To recommend the construction of vermin- proof fences (including the making of orders under this Act for the construction of fences, netting fences or ring fences) that may, in the opinion of the Co-ordinating Board, be necessary or desirable; (g) To explore the possibilities of the economic use of the pelts of dingoes, foxes, and other vermin; (h) To recommend the making of by-laws under this Act, the matters to be prescribed in such by-laws, and the Areas in which such by-laws should be in force; (i) Such other functions, powers and duties for effecting the objects of this Act as the Minister may from time to time vest in the Co-ordi- nating Board. (3.) In preparing any plan and/or any recommenda- tion under paragraph (a) of subsection two of this section the Co-ordinating Board shall have due regard to- (i.) The amount of money which will be available from the Fund for the purposes of implementing such plan and/or recommenda- tion; and

1944. LAND. 347 PART ITI.- Stock Routes and Rura~ Lands Proltection Act. cOF~ ~ ~~ ~ ~' AND DUTIES OF THE •• CO'ORDINATING (ii.) Any plan and/or recommendatIOns In respect BOARD. of the carrying out of works, matters and things under this Act in any Area submitted to the Co-ordinating Board by the Local Authority. (4.) If the Minister approves of such plan and/or ()f any such recommendation he shall submit same to the Governor in Council. The Governor in Council or the Minister may refer such plan or any such recommendation back to the Co-ordinating Board for further consideration with respect to any works or other matter or thing. The Co-ordinating Board shall consider the subject- matter of any such reference and may modify the plan ()r the recommendation referred back to it in such particulars as it shall think neces8ary or desirable in the circumstances. (5.) If the Governor in Council approves of such plan and/or ofany such recommendation the Minister may make such orders and issue such notifications and directions to Local Authorities and to owners and ()ccupiers of holdings as he shall deem necessary to give ()peration and effect to such plan or to any such recommendation. (6.) In considering the recommendation of the payment in any Area of bonuses for the destruction of dingoes or other vermin the Co-ordinating Board shall have regard to the amount of money which will be available from the Fund for such purpose, the degree of dingo or, as the case may be, other vermin infestation in such Area and the damage occasioned thereby. (7.) The Co-ordinating Board may recommend that assessments on stock or rates to be made or bonuses for dingo or other vermin dest~ uction shall differ in amount in different Areas but such recommendation shall have regard to the matters prescribed in subsection six of this section and also, with respect to any assessment or rate, the works, matters or things to be done under this Act in the Areas under consideration during the period for which the assessment or rate is recommended to be made.

348 LAND. PART IV.- A F N U D NODTUIOTNIESS S tock ou.tes and Rll.ral La R nds Protection Act. 8 GEO. V ' I. No. '16, A~ ~ ;O~ ~s. --- - --- --- --- -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - - - PART IV.--FuNCTIONS AND DUTIES OF LOCAL AUTHORITIES. . ~ oct 15. Every Local Authority shall have the function iI: ;r::~t~~ of controlling, improving and maintaining all stock l sa I tn la 0 d 0 l 'nrketrsaoeinurvteess r S ot ouctkes W o 1 · rthpI·anrtI.stsofAsrteoacktorotuhteeseaxntednrtenseercveesssafroyr ttroaveenlsliunrge for travelling that the same are at all times in a reasonably fit and stock. proper condition for use by travelling stock and for such purpose shall be charged with the duties and have the powers prescribed by this Part of this Act. Powers and 16. Every Local Authority shall, with respect to dLuotciaels of its Area and to any stock route or part of Authorities a stock route or reserve for travelling stock within its oinf srteoscpkect Area- routes, &c. (i.) Conserve the natural fodder for stock on, and prevent the eating out of, such stock route or part of a stock route or reserve, whether fenced or unfenced; (ii.) Determine, subject to the approval of the Minister, whether such stock route or part of a stock route or reserve or any portion thereof shall be fenced in with or fenced out of any holding ; (iii.) If thereunto required pursuant to any programme of works approved by the Governor in Council under this Act provide supplies of water for, and/or facilities for watering, travelling stock; (iv.) At all times maintain in good and substantial repair all facilities for watering travelling stock existing at the commencement of this Act or provided under paragraph (iii.) of this section; (v.) Subject to the approval of the Minister, enforce to such extent as is reasonable and economically possible, the destruction by any owner or occupier of a holding of noxious plants on any stock route, part of a stock route or reserve for travelling stock or portion thereof which is fenced in with his holding;

LAND. 349 1944. Stock RQUtes and Rural Lands Proltec·tion Act. PART IV.- FUNCTIONS AND DUTIES OF LOCAL AUTHOlUTIES. (vi.) Destroy noxious plants on every stock route or part of a stock route or reserve for travelling stock or portion thereof which is not fenced in with any holding or leased ; (vii.) If thereunto required pursuant to any programme of works approved -by the Governor in Council under this Act, carry out (subject to the provisions of the Land .Acts relating to the destruction and/or ring- barking of timber), ringbarking, clearing and/or any other works upon any stock route, part of a stock route or reserve for travelling stock within its Area; (viii.) Subject to any other Act or law affecting travelling stock and to the by-laws under this Act, control and regulate the movements of travelling stock; (ix.) Levy and collect all assessments upon stock, rates and other fees and charges made under or in pursuance of this Act in respect ofits Area; (x.) Transmit to the Treasury for payment into the Fund, the amount of all assessments on stock, rates and other charges and fees made under or in pursuance of this Act collected by such Local Authority; (xi.) Administer within its Area all. by-laws made under this Act. . 17. (1.) The Local Authority may, with the Agreemen~ approval of the Minister and shall, if thereunto directed :~h. by the Minister, enter into an agreement with the owner o~ ~ ~ oadr J· oaccceunpt ietor oaf satnoyckhorloduinteg oinrteprasretctoefd abys,toacdkjorionuintge oorr . t : a r a a ~ m v l. e I r l t . l l e in s g . " or reserve for travelling stock within the Area of such Local stock. Authority for the provision and/or maintenance by such owner or occupier or by such Local Authority of water for, and/or facilities for watering travelling stock or of any other improvement. (2.) The terms and conditions of any such agreement may provide for- (i.) Regulating and controlling the use by travelling stock and by stock depastured on the holding in question of the water and/or facilities for watering travelling stock or of any other improvement to be provided thereunder;

350 LAND. PART IV.- !TitiJ::;f::s Stock Routes and Rural LandsProtectionAct. 8 GEO. VI. No. '16, OF LOCAL AUTHORITIES. (ii.) The maintenance of all facilities for watering travelling stock, or of any other improvement provided thereunder ; (iii.) The apportionment between the parties to such agreement of the cost of any facilities for watering travelling stock or of any other improvement provided thereunder, or for the payment of such cost by either of the parties thereto. . (3.) The ownership of any facilities for watering travelling stock or other improvement provided in pursuance of this agreement shall, if either party to the agreement pays the cost thereof, be vested in such party, but, if such cost is apportioned between both parties thereto, shal1 be deemed to be vested in them in proportion to the respective amounts so paid. (4.) The Local Authority shall produce every such agreement to, and lodge a duplicate original or true copy thereof with, the authority charged with registering the instrument of title to the holding in question who shall cause such agreement to be noted by endorsement upon such instrument, and thereupon such agreement shall be binding upon the successors in title of the owner or occupier who is a party thereto as well as upon him. Every owner or occupier shall, when required thereunto by the Local Authority, produce for endorse- ment as aforesaid any instrument of title to his holding in question. Land Court (5.) On the expiration of any agreement made under dtoetermine this section the Local Authority may and shall if thereunto disposition directed by the Minister, enter into a further agreement eoxfpaisrsaetitos non with the owner or occupier, but if the Local Authority of and such owner or occupier are unable to agree on the agreement. terms and conditions of such further agreement or on the disposition of assets or on any other relevant matter or thing the matter may be referred by either party to the Land Court and in determining the matter the Court shall have due regard to the public interest and particularly to the interests of travellers and travelling stock. The determination of the Land Court shall be final and shall not be subject to appeal.

LAND. 351 1944. Stock Routes and Rural Lands Pro,tection Act. PART IV.- FUNOTIONS AND DUTIES OF LOCAL A UTHOIUTIES. (6.) The Minister shall not direct a Local Authority to enter into an agreement under this section with any owner or occupier of a holding unless the Minister is satisfied that such owner or occupier is willing to enter into such agreement upon and subject to terms and conditions which will be equitable as between him and such Local Authority. ' 18. (I.) All stock other than bona fide travelling Straying stock found depasturing without the authority of the: ! i~ ~ ~ aybe Local Authority on a stock route or part of a stock route within the Area of such Local Authority which is fenced on both sides or on a reserve for travelling stock within the Area of such Local Authority which is fenced may be seized and taken possession of by such Local Authority or by the Superintendent or inspector or by any officer employed by the Department of Public Lands. (2.) Upon payment of such charges as may be prescribed seized stock shaH be released to the owner, but if such fees and charges are not paid within the time fixed such stock may from time to time be offered and sold at auction, and the proceeds therefrom shall be paid into the Fund. (3.) When cattle or horses are offered at auction in pursuance of this section after due notice of the sale has been given in any newspaper generally circulating in the Area, and the amount offered for anyone head of such cattle or horses does not reach ten shillings, such horse or beast may be forthwith destroyed by order of the chairman of the Local Authority or the Superintendent and no claim for compensation shall lie against the Crown or the Minister or the Local Authority or the chairman thereof, or the Superintendent or any other person whomsoever in respect of the destruction of such horse or beast. 19. (I.) When a stock route or part of a stock route Stock is fenced in or enclosed with a holding or part of a holding ~~ ~ :: ed thereby making a stock route paddock, such stock route with. paddock shall not be deliberately over-stocked, in ~~ l~~ ~ v; ~ t comparison with the other paddocks of the holding by stocked. the owner or occupier. (2.) For the purposes of this section the Local Stock may Authority of the Area in which any stock route paddock be mustered. is situated may, and shall if thereunto directed by the Superintendent, cause to be served upon the owner or

352 LAND. PART IV.- A F N U D NCDTUiOTNIESS Stock Routes and Rural LandsProtectionAct. OF LOCAL AUTHORITIES. 8 GEO. VI. No. r1."6, occupier of the holding a notice in writing requiring such owner or occupier to muster, within the time specified in such notice, the stock depastured upon such holding. If such owner or occupier fails to comply with the requirements of the notice, any person authorised by the Local Authority may, with or without assistance, 'forthwith enter upon the holding and muster the stock for the purpose of ascertaining whether or not the stock route paddock is over-stocked. Penalty. (3.) The penalty for a breach of this section shall not be less than fifty pounds, and in excess of such amount of fifty pounds may be fixed at any amount not exceeding a sum calculated at the rate of three shillings per head of cattle and one shilling per sheep for every head of stock found depastured on the stock route paddock in excess of the fair stocking capacity of such paddock. The penalty hereby provided may be recovered by the Local Authority by complaint in a summary way under *" The Justices Acts, 1886 to 1942," or the Local Authority may recover such penalty by action as for a debt in any court of competent jurisdiction. Provided that notwithstanding anything to the contrary contained in any Act or law or rule or process of law or rule or practice of any court, such action may be brought to recover the maximum penalty herein provided, and the court may, if it gives judgment for the Local Authority, award it such maximum amount or any lesser amount being not less than the minimum penalty herein provided as to the court shall seem just. Duties as to 20. The Local Authority shall be charged with the odef svterurmctiino.n control and direction of the destruction of. dingoes, foxes, rabbits (except in the Rabbit Districts of Moreton, Darling Downs and Leichhardt), and (if the Minister directs the destruction of any other vermin for the protection of lands within its Area) such other vermin within its Area and for that purpose shall have vested in and imposed upon it in respect of its Area, the following powers and duties, namely :- (i.) The payment of bonuses approved by the Minister upon the recommendation of the Co-ordinating Board for the destruction inits Area of dingoes or any other class of vermin ; * 50 v. No. 17 and amending Acts, v. 4, pp. 333 et Beq.

1944. LAND. Stock RO'utes and Rtmil Lands Protection Act. 353 PART IV.- FUNCTIONS AND DUTIES OF LOCAL AUTHORITIES. (ii.) The destruction of dingoes, foxes, rabbits and (subject to the Minister having directed the destruction thereof in the Area) other vermin on vacant Crown land, on all stock routes or parts of stock routes, and on all roads and lands under its control; (iii.) The destruction of dingoes, foxes, rabbits and (subject to the Minister having directed the destruction thereof in the Area) other vermin on lands not under the control of the Local Authority where the Minister considers such destruction desirable in the public interest and directs the Local Authority to carry it out; (iv.) The determination as to whether an owner or occupier has taken reasonable steps to destroy by poisoning dingoes on his holding and, subject to the approval of the Superin- tendent, in the case of an owner or occupier who has failed to take such steps, the carrying out of such work at his expense; (v.) Subject to the approval of the Minister the distribution of poison to owners and occupiers for the destruction of dingoes and, where directed by the Minister, other vermin; (vi.) Generally the enforcement of the provisions of this Act with respect to the destruction of dingoes, foxes, rabbits and (subject to the Minister having directed the destruction thereof within its Area) other vermin and, subject to this Act, the doing and executing of all acts, matters or things required or permitted by this Act to be done or executed by the Local Authority for the purposes of such enforcement. 21. The Local Authority shall be charged with Noxious the control and direction of the destruction of noxious plants. plants within its Area and for that purpose all of the provisions of the Local Government Acts and of any by-laws thereunder and, in the case of Brisbane City Council of *" The City of Brisbane Acts, 1924 to 1944," and of any ordinances thereunder relating to noxious * 15 G. 5 No. 32 and amending Act,s, v. 10, pp. 6 et seq. M

354 LAND. PART IV.- A~¥; r:: 8 Stock Routes and Ruml Lands Pr:otection Act. 8 GEO. VI. No. r1'6, OF LOCAL AUTHORITIES. - - - - - - - - - - - - - - - - - - - - - - - - weeds and plants and to the extirpation and destruction thereof shall apply and extend to and in respect of the destruction within the Area of any weed or plant prescribed to be a noxious plant under or in pursuance of this Act. This section shall be read and construed so as not to limit the power and authority of any Local Authority,. including Brisbane City Council, with respect to the extirpation and destruction within its Area of noxious weeds or plants as defined in the Local Government Acts or any by-laws thereunder or, in the case of Brisbane City Council, as defined in *" The City of Brisbane Acts,. 1924 to 1944," or any ordinance thereunder. PART v.- DESTRUCTION OF DINGOES, VER O Jo T II H N ER AND PART V.-DESTRUCTION OF DINGOES, OTHER VERMIN NOXIOUS PLANTS. AND NOXIOUS PLANTS. Duties of 22. (1.) Every owner or occupier shall, at his own oocwcnuepriserasn. d cost and expense, destroy all dingoes, foxes, rabbits and (if the Minister has directed the destruction of any other vermin for the protection of lands within the Area in which his holding is situated) such other vermin and/or noxious plants- (i.) On his holding; and (ii.) Where a stock route, part of a stock route,. or reserve for travelling stock adjoins or is within the boundaries of his holding and is. not fenced out of such holding, on such stock route, part of a stock route or reserve; and (iii.) Where his holding is bounded by a non-tidal watercourse, on and in the bed and banks of and in the water in such watercourse to the centre line thereof, and, to such extent as is reasonably and economically possible, keep his holding and every such stock route, part of a stock route, reserve and the bed and banks of and water in. any such watercourse to the centre line thereof free from dingoes, foxes, rabbits and such other vermin as aforesaid, and noxious plants. Statement (2.) The owner or occupier shall, as and when ~ te~f~~~ required so to do by the Local Authority of the Area to be in which the holding is situated, furnish to such Local supplied. • 15 G. 5 No. 32 and amending Acts, v. 10, pp. 6 et 8eq.

LAND. 355 PART V.- 1944. Stock Routes and Rura~ Lands Protection Act. DESTRUCTION OF DINGOES, OTHER VERMIN AND NOXIOUS Authority a statement in or to the effect of the prescribed PLANTS. form verified by a solemn declaration made and subscribed under the *" OathsAct of 1867" setting out the action taken by him to destroy dingoes, foxes, rabbits and (subject to the Minister having directed the destruction thereof) other vermin and/or noxious plants which this section prescribes shall be destroyed by such owner or occupier and the measures intended to be taken during the ensuing year. (3.) Should the Local Authority at any time not be iow~ r of satisfied that adequate measures are being taken or are A~~~ority. intended to be taken by any owner or occupier of a holding situated within its Area to destroy dingoes, foxes, rabbits, other vermin and/or noxious plants which this section prescribes shall be destroyed by such owner or occupier, such Local Authority shall have power to give directions to such owner or occupier as to what action shall be taken by him to destroy such dingoes, foxes, rabbits, other vermin and/or noxious plants. If the owner or occupier fails or neglects to carry out any such direction he shall be liable to a penalty not exceeding fifty pounds and in addition the Local Authority may, if it deems fit, and shall if thereunto directed by the Superintendent, employ scalpers, trappers, doggers and/or workmen to enter upon the holding to search for and destroy dingoes, foxes, rabbits, other vermin and/or noxious plants and may recover all costs and expenses incurred by such Local Authority in this regard from such owner or occupier. 23. (1.) The Local Authority may and shall, ifNoti?~ thereunto directed by the Superintendent, serve upon : ; ~ ~ ~ ~ to the owner or occupier of any holding a notice in writing be takeIl: for requiring such owner or occupier forthwith to take ~ ~ Sj: ~ ~ : ~ effective measures for the destruction of dingoes, foxes, foxe~ , rabbits, any other vermin (if the Minister has directed ~ ~ ~ ~ ; ts, and the destruction of such other vermin for the protection vermin. oflands within the Area in which such holding is situated) and/or noxious plants on his holding or on any stock route, part of a stock route or reserve for travelling stock fenced in with his holding, or on and in the bed and banks of and the water in any watercourse by which his holding is bounded to the centre line thereof. * 31 V. No. 12, v. 6, p. 799.

356 LAND. PART V.- DOEFSTDRINUGCTOIEOSN, Stock Routes and Rural LandsProtectionAct. 8 GEO. VI. No. 16, OTHER VERMIN AND NOXIOUS PLANTS. (2.) If such owner or occupier for a period of Default. thirty days after the service of such notice fails to comply with the requirements thereof or, having commenced to comply with the requirements thereof, ceases operations before the requirements thereof are complied with in full- (a) He shall be liable to a penalty not exceeding one hundred pounds; and whether he has been convicted or not-- (b) The Local Authority may and shall if thereunto directed by the Superintendent, authorise any person with or without assistants to enter upon the holding, stock route, part of a stock route, reserve or bed and banks of the water- course in question and take all such measures and do all such things as may appear expedient for the purpose of ensuring com- pliance in full with the requirements of such notice. Any person so authorised may enter and remain upon the holding, stock route, part of a stock route, reserve or bed and banks of the watercourse in question with or without assistants and may take any such measures and do any such things as aforesaid during such period as, in the opinion of the Superin- tendent or, subject to the Superintendent" the Local Authority, is necessary for such purpose. Postpone- (3.) If, after the expiration of such period of thirty emnetnryt oofr days, the Local Authority or, if the notice to destroy has withdrawal. been served by his direction, the Superintendent is satisfied that the owner or occupier in question is doing all such acts, matters and things as are necessary for proper compliance with the notice the Local Authority or, as the case may be, the Superintendent may postpone entry upon the holding, stock route, reserve, part of a stock route, or bed and banks of the watercourse concerned, or in the event of any person having made entry pursuant to authority in that behalf under this section, may withdraw such person therefrom upon the owner paying all costs, charges and expenses incurred by such person up to the time of such withdrawal.

LAND. ·357 PAjtT v...,- 1944. Stock Routes and Rural Lands Proltection Act. ~ : Sffr~ ~ \ ? E~ ~ OTHER· . • VEJ\lIlIN •• AND NoxJQus (4.) Where any person authorIsed III that hehalf PLANTS. under this section has incurred any costs, charges or Recovery of expenses I . n searc h In · g .c lor or d es t rOy . lng d· Illgoes, . l c OXeS, ccohsatrsges. and rabbits, other vermin andlor noxious plants on a holding, expens~ s. stock route, part of a stock route, or reserve, or on or in the bed and banks of or in the water in a watercourse, the amount of all such costs, charges, and expenses shall be recoverable from the owner or occupier who made default in carrying out such destruction and payment thereof may be enforced by the Local Authority or the Superin- tendent by complaint in a summary way or by action as for a debt in any court of competent jurisdiction. 24. (1.) In order better to provide for the simul- Simul~e­ taneous destruction of dingoes every owner or occupier ~ ~ : perIod of any holding which, or any stock route or part of a dest~ ction stock route or reserve fenced in with which, is infested of dmgoes. with dingoes shall, during the months of May, June, and July in each calendar year take effective measures for the destruction of dingoes by laying poison baits on all land comprised in such holding, stock route, part of a stock route or reserve which is infested with dingoes; (2.) Nothing in this section shall be construed to imply that the destruction of dingoes shall not be proceeded with and enforced during the remainder of the calendar year, or that a notice as prescribed by this Act requiring the destruction of dingoes may not be given during such simultaneous destruction months. (3.) The Superintendent, with the approval of the Minister, may from time to time by notice published in the Gazette fix a period or periods in any calendar year or years other than the period referred to in subsection one hereof for the simultaneous destruction of dingoes within any Area or part thereof provided that such substituted period shall not in anyone calendar year exceed three months or, if more periods than one in any calendar year are substituted, exceed three months in the aggregate. Such substituted period or periods may be within or outside, either wholly or partially, the said period referred to in subsection one hereof. (4.) Upon the publication of a notice under subsection three of this section the substituted period or periods fixed by such notice for the simultaneous destruc- tion of dingoes within the Area therein mentioned shall

358 LAND. PART V.- ~ B~ : ' GC~ ~ ~ ~ Stock Routes and Rural Lands ProtectionAct. 8 GEQ. VI. No, '-1"6, OTHEB VERMIN AND PLNAONXTISO. US be d eemed t 0 be t he sl'mIu taneous dl' ngo dest ruct'IOn months for such Area, and the provisions of this Act in their application to the said Area shall apply and extend accordingly. Penalty for 25. Any owner or occupier who, during the doewfnaeurltorby simultaneous destruction months in any calendar year, occupier. fails to take effective measures for the destruction of dingoes by the laying of poison as prescribed by this Act shall be liable to a penalty not exceeding one hundred pounds: Provided that it shall be a defence to any owner or occupier charged with an offence against this section to prove that the destruction of the dingoes in respect of which he is so charged was not reasonably and economically possible. Laying of poison and setting of traps. 26. For the purpose of the destruction of dingoes, foxes, rabbits or (if the Minister has directed the destruc- tion of any other vermin for the protection of lands within any Area) such other vermin, it shall be lawful for any person authorised by the Superintendent to lay poison or set traps on any Crown land or, after giving seven days' notice to the owner or occupier thereof, on any holding. Cyanide of potassium not to be used or kept. 27. (1.) It shall not be lawful to use cyanide of potassium for the destruction of dingoes, foxes, rabbits or any other vermin whatsoever. (2.) It shall not be lawful for any scalper to keep or store or have in his possession any cyanide of potassium. (3.) Any person who is guilty of a contravention of this section shall be liable to a penalty not exceeding twenty pounds. (4.) This section shall be in force in every Area including any Area or part of an Area situated in the Rabbit Districts of Moreton, Darling Downs and Leich- hardt. Dingo or fox in captivity, 28. (1.) Except as provided in subsection two of this section a person shall not keep or have in his possession or under his control in or upon any premises whatsoever any live dingo or fox.

LAND. 359 1944. Stock Routes and Rural Lands Proif;ecti()11, Act. PAlIT. V.- DESTRUCJ!lON OF'DINGOES, OTHER VElUIIlII AND (2.) (a) The Minister may in writing and subject to ~ ~! i~~ such terms and conditions as he shall think fit- (i.) Permit the trustees or managers of any public gardens, museum, grounds or exhibition to have and keep in their possession or control any live dingo or fox; or (ii.) Permit any person to have and keep in his possession or control for scientific purposes any live dingo' or fox; or (iii.) Permit any person to have and keep in his possession or control for zoological or biological purposes any live dingo or fox. (b) The period during which, and the terms and conditions, if any, subject to which, any such permit is to be inforce shall be specified in such permit. (c) The Minister may in his absolute discretion refuse to issue any permit, authority to issue which is conferred upon him by this section, or at any time cancel any such permit which has been issued by him. (3.) Any person who, without the authority of a subsisting permit under this section, keeps or has in his possession or under his control in or upon any premises whatsoever or any holder of a permit under this section who contravenes or fails to comply with any term or condition specified in such permit shall be guilty of an offence and liable to a penalty not exceeding fifty pounds and not less than ten pounds and, for the second or any subsequent offence, to a penalty not exceeding one hundred pounds and not less than twenty pounds. PART VI.- CONTROL AND PART VI.-CONTROL AND REGULATION OF OCCUPATIONAL RJ:'ir~~~~~~ SCALPERS AND TRAPPERS. S~ ~ : : R~ 29. (1.) Subject to this Act no person shall be When eonntiatlehd 0 ltdoindgesutrnoIeyssdinhgeohes 0 , Idfsoxaes, surbasb·Ibs· itmtsgorpemrmarI.stupaisalas tosr6cacapuplplm?iantggioannadl scalper or trapper: prohibited. Provided- (a) That the foregoing provisions of this subsection shall not prevent or be deemed to prevent the owner, occupier or manager of any holding or any employee of such owner, occupier or manager or any person who has the authority of such owner, occupier, or manager from destroying dingoes, foxes, rabbits or marsupials upon such holding without such permit; and

360 LAND. PART VI.- : . f=: ; O~ ~ F Stock Routes and Rural LandsProtectionAct. 8 GEO. VI. No. '1'6, OCCuPATIONAL SOALPBII8 AND TIl.APPElIS. Issue of permits. (b) That no permit for dingo destruction shall be issued in respect of any holding or part of a holding which, in the opinion of the Minister on the recommendation of the Superintendent, is fenced with effective marsupial-prooffencing. Application (2.) Every person who desires to engage in any Area for permit. in the occupation of destroying dingoes, foxes, rabbits and/or marsupials shall register his name and place of residence with the Local Authority and shall apply for a permit to carry on such occupation on the holding or holdings named in such application. The Local Authority may thereupon issue to such person a written permit in that behalf, which shall remain in force for the year then current but may be renewed from year to year. If the Local Authority refuses to issue such permit the applicant may appeal from the decision to a court of petty sessions on giving to the Local Authority not less than twenty-one days' notice of his intention so to do. The court shall hear and determine the matter of the appeal, and its decision shall be final and shall be obeyed but shall not have any effect beyond the year then current. Holdings (3.) The Local Authority shall endorse on every such pcoevrmerietd. by permit issued by it the name or names (or other sufficient description) of the holding or holdings on which for the time being the applicant is authorised by such permit to cal'ryon his occupation and, in cases referred to in paragraph (b) of the proviso to subsection one of this section any necessary limitation of the permit. If the holder of the permit desires to carry on his occupation on any other holding or holdings he shall make a written application to the Local Authority to that effect and shall lodge therewith his permit, and the Local Authority shall, if it grants such application, amend the endorsement upon the permit accordingly; and such amendment may be so made upon application from time to time during the currency of the permit. A permit shall entitle the holder thereof to carry on his occupation only on the holding or holdings named or described for the time being in his permit, but shall not entitle him so to do upon any part of any such holding excepted from the permit pursuant to paragraph (b) of the proviso to subsection one of this section.

LAND. 361 PART VI.- 1944. Stock Routes and Rural Lands Prortection Act. - i: : ~ ~ o~ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---'_ _ _ OCCuPATIONAL SCALPEl\8 Aim (4.) Save as is hereinafter in this section provided, TRAPPBlI8. every holder of a permit shall have authority by virtue Ec:lry by of his permit, after such notice to the owner or occupier s per. as the Local Authority shall direct but not exceeding twenty-one days, to enter upon any holding named or described for the time being in his permit with such number of horses as the Local Authority has prescribed in the permit and to remain thereon as long as is necessary for the purposes of his occupation and, subject to the permit so authorising him, to destroy thereon dingoes, foxes, rabbits, and marsupials. Any person who obstructs any holder of a permit from so entering or remaining upon any holding or part of a holding in pursuance of his permit or from destroying dingoes, foxes, rabbits or marsupials thereon shall be liable to a penalty not exceeding ten pounds. Before a holder of a permit under this section shall enter upon the holding or holdings named or described for the time being in his permit, such holder on demand by the owner, occupier or manager of the holding concerned shall produce his permit. (5.) Unless otherwise prescribed in or in pursuance of Skins of this Act all skins of dingoes, foxes, rabbits and mar- dine;oes, &c. supials obtained by any holder of a permit in pursuance thereof shall be the property of such holder. (6.) A holder of a permit shall no~ Offences by scalpers. (a) Without the consent of the owner, occupier or manager enter upon or carry on his occupation upon any holding which is not for the time being a holding to which his permit applies; or (b) Without the consent of the owner, occupier or manager enter upon or carry on his . occupation upon any part of a paddock, comprised in a holding which is excepted or exempted as herein in this section provided; or (c) Without the consent of the owner, occupier or manager camp within a distance of two hundred yards from the homestead, or from any dam, tank, bore, stream, spring or waterhole used on any holding for the watering of stock.

362 LAND. PART VI.- i: a~ : trot: gll Stock Routes and Rural Lands Prmection, Act. 8 GEO. VI. No. '1'6, OCCUPA'l'IONAL ' SOALPBB.S AND TRAPPERS. Any holder of a permit who contravenes any of the foregoing provisions of this subsection shall be liable to a penalty not exceeding ten pounds. For the purposes of paragraph (b) of thit:! subsection every owner, occupier or manager of a holding upon notice in writing to the Local Authority describing t,he paddock or paddocks in question and stating the particular use to which the same are being put sha.ll, while the same are being so used, be entitled to the exemption of such paddock or paddocks not exceeding in area one-sixth of the entire holding. Suspension (7.) If the Local Authority is satisfied that a holder utironcaonfcella- of a permit has failed to comply with any provision pennit. of this Act or is not bona fide exercising his occupation in pursuance of such permit or is guilty of any con· travention or failure to comply' with such permit, the Local Authority may suspend or cancel such permit subject to an appeal from the decision of the Local Authority to a court of petty sessions in manner provided by subsection two of this section; and the decision of such court shall be final and shall be obeyed but shall not have any effect beyond the year then current. Superin- 30. Subject to the approval of the Minister, the tend~ nt may Superintendent, whenever he thinks it necessary so to do, = d/~~ train may employ and/or train persons for the destruction of 8dcoag1 g p e e 1 r '8 s. and dingoes _ , rabbits, foxes and other vermin, and may authorIse any such person to enter and thereupon such person may enter with such number of assistants and horses and such equipment as the Superintendent approves, upon any Crown land, stock route, road, or reserve, or any holding, and there search for and destroy any dingoes, rabbits, foxes or other vermin in terms of his employment, and such person together with such assistants, horses and equipment so approved, may remain on such Crown land, stock route, road, reserve or holding as long as is necessary for the purpose of the destruction thereon of dingoes, foxes, rabbits and other vermin in accordance with the terms of his employment or until the Superintendent shall sooner terminate the employment of such person. • Any person who prevents or obstructs or attempts to prevent or obstruct any lawful entry or the carrying out in terms of his employment of any act by a person employed by the Superintendent under this section shall be liable to a penalty not exceeding fifty pounds.

LAND. 363 1944. Stock Routes and Rural; Lands Protection Act. PAR'l' VI.- CONTROL .AND REGULATION 01' OCCUPATIONAL SCALPElIS .AND Subject to any industrial award the determination TRAPPERS. of the remuneration payable to and the other terms of the emplqyment of any person employed un.der this section shall be such as may be determined by the Superintendent and approved by the Minister. All skins of dingoes, foxes, rabbits and marsupials obtained by any person employed under this section shall, unless the terms of the employment of such person otherwise provide, be the property of the Crown, and shall be dealt with as the Superintendent thinks proper. 31. Any member of the Police Force or any Permits to inspector or any person authorised in that behalf by be produced. the Minister or by the Local Authority may require any holder of a permit under this Part of this Act or any person employed under this Part of this Act to produce his permit or authority for inspection; and if such person, without reasonable excuse the proof of which shall be upon him, fails so to produce his permit or authority he shall be liable to a penalty not exceeding five pounds. PART VII.-VERMIN-PROOF FENCES. PART VII.- Vl!RJIIN·PROOI' FENCES. 32. (1.) The Minister may, upon the recommenda- Power to tio~ ofthe Co-ordinating Board, order that a fence pr? of~ ~ : ~ ~ ~ o~ . agamst the passage of anyone or more of the followmg fence. classes of vermin, namely :- (i.) Dingoes; or (ii.) Rabbits; or (iii.) Any marsupial defined in or declared pursuant to this Act to be vermin, shall be erected from one place to another place specified in such order along the route specified in such order. (2.) When such an order is made the owner or occupier of every holding along the boundaries of which or within which such fence is to be erected shall forthwith upon receiving notice of the order erect along so much of the specified route as is on the boundaries of or within his holding a good and substantial fence of such construction and materials as may be prescribed in the order or, if not so prescribed, of such construction and

364 LAND. PART, VII;-'- V: E~ ~ ~ i: oOF Stock Routes and Ruml Lands Protection Act. ,;. 8 GEO. VI. No.'i'6, materials as to be proof against the passage of the class or classes of vermin specified in the order, and shall there- after maintain such fence in good and substantial repair: Provided that an order under this section for the erection of any fence within any holding shall not be made except after notice has been given to the owner or occupier. Every such owner shall be entitled to payment from the Fund of so much of the cost of erecting and main- taining such fence as is paid by him in excess of the amount which he is liable to contribute to such cost. The amount which any other owner or occupier of a holding is liable to contribute to such cost shall be recoverable by the Minister from such other owner, and payment thereof may be recovered as a debt due and payable to His Majesty. (3.) If an owner or occupier does not forthwith erect such a fence, or after it is erected, fails to maintain it in good order, the Minister may erect or maintain the fence, and the cost of such erection and maintenance shall be recoverable by the Minister from the person liable to contribute to such cost, and payment thereof may be recovered as a debt due and payable to His Majesty. Contribution 33. (1.) Subject to section thirty-four of this Act, Zomfi=ers owners and occupiers of holdings shall be liable to ene . contribute to the cost of the erection and maintenance of every such fence in manner following, that is to say:- (i.) Every owner or occupier of a holding within which such fence or any part thereof is erected shall be liable to contribute such proportion of the cost of the erection and maintenance of such fence or part thereof as may be determined by the Minister, having regard to the benefit conferred on such holding by the erection of such fence ; (ii.) Every owner or occupier of a holding on either side of such route upon the boundaries whereof such fence or any part thereof is erected shall be liable to contribute such proportion of the cost of the erection and maintenance of such fence or part thereof as may be determined by the Minister, having regard to the benefit conferred on such holding by the erection of such .fence;

1941. LAND. Stock Routes and RuralLandsProtectionAct. 365 PART VII.- VERMIN-PROOF FENCES. (iii.) The remainder of the cost (if any) of the erection and maintenance of such fence shall be borne by the owners or occupiers of other holdings which in the opinion of the Minister are thereby protected from the incursion of the class or classes of vermin against the passage of which the fence is proof, and the total amount contributable under this subsection shall be borne by the owners and occupiers liable to contribute thereto in proportion to such parts of their respective holdings as in the opinion of the Minister are benefited or protected as aforesaid and the amounts of their respective contributions shall be appor~ioned by the Minister. (2.) If any owner or occupier of a holding is dissatis- fied with the determination of the Minister as to the benefit or protection afforded by such fence to his holding or any part thereof he may, within thirty days after notice of the Minister's determination, appeal therefrom to the Land Court, which after notice to the Minister and to all of the other owners and occupiers concerned whom such court thinks are, or may be affected, shall hear the matter. After hearing the Minister and all of the other owners and occupiers concerned who appear and apply to be heard the Land Court may modify the determination of the Minister, either with respect to the appellant or with respect to the appellant and all or any of the other owners and occupiers affected thereby in such manner as it shall think necessary in order to apportion the total amount contributable by owners and occupiers under this section amongst such owners and occupiers in an equitable manner. For the purposes of any such appeal the Land Court shall have and may exercise the same powers as are in like cases conferred upon such court by and pursuant to the Land Acts. The decision of the Land Court shall not be subject to appeal. 34. The Minister may cause to be affixed and kept Power to . affixed to any fence whether it was erected by the affitx. wirte. M m · l . S t er or not wI " re-nettmg £ or t h e purpose 0 f ma k' mg fneenctmesg. 0 such fence proof against the passage of anyone or more of the following classes of vermin, namely, dingoes, rabbits or marsl1 .1 n . ials.

366 LAND. PnTVIT.- ---------------------------------------------- v- ; :~ ~ ~ Ol' Stock Routes and Ru.ral Lands Protection Act. 8 GEO. VI. No. '16, Moreover, the Minister may pay from the Fund the cost or part of the cost of the wire-netting required for any vermin-proof fence erected by an owner or occupier of a holding pursuant to an order made under section thirty-two of this Act. So much of such payment as the Minister may determine shall be included in the cost of the erection of such fence and shall be taken into account accordingly when the respective contributions by owners and occupiers of holdings to such cost are apportioned under section thirty-three of this Act. Power of 35. (1.) If, having regard to the cost of the erection eMreincitster to 0 f a verml . ll-proo f£ ence or d ere d pursuant to sectI . On t h l ' rty- . vermin-proof two of this Act to be erected along any specified route .fences. or part of a specified route, the Co-ordinating Board is of opinion that it is not reasonably and economically possible to require owners and occupiers of holdings to pay the whole or any part of such cost, the Co-ordinating Board may recommend to the Minister- (i.) That such cost shall be defrayed from the Fund; or (ii.) That part of such cost shall be defrayed from the Fund. (2.) The Minister may give such effect to such recommendation as he shall think fit and, notwithstanding anything contained in sections thirty-two and thirty- three of this Act may- (i.) Cause such fence to be erected along the route or part of the route in question in compliance with the order; and (ii.) Defray the cost Of, according as the Minister shall decide, part of the cost of erecting such fence from the Fund. (3.) The balance of the cost of the erection of any vermin-proof fence in respect of which the Minister has defrayed part only of such cost shall be payable by owners or occupiers of holdings as and in the proportions prescribed by section thirty-three of this Act, and that section shall apply and extend accordingly. (4.) Every, owner or occupier of a holding along the boundaries of which or within which the Minister has erected any vermin-proof fence in pursuance of this section shall maintain such fence in good and substantial repair.

1944. LAND. Stock Routes and Ru,ral Lands PrOltection Act. 367 PART VII.- VERMIN-PROOF FENCES. The Minister may, having regard to the recom- mendation of the Co-ordinating Board, defray the whole ()r part of the cost of such maintenance from the Fund. Where the Minister defrays part only of such mainten- ance cost from the Fund, the balance of such cost shall be paid by owners and occupiers of holdings as and in the proportions prescribed by section thirty-three of this Act and that section shall apply and extend accordingly. 36. Every Local Authority shall be responsible for Local the maintenance in good and substantial repair of any Authoyity. vermI,n-prooflenece erdecte I.n pursuance 0 f any ord'er vtoermmainm- tam made under this Part of this Act along so much of the proof fence route of such fence as is situated within or along the ~ ~ ~ ~ ~ e~ fbthe boundaries of the Area of such Local Authority: Minister. Provided that in respect of any such fence situated along any part of the boundary of two Local Authorities the Minister may direct which such Local Authority shall be charged with the duty imposed by this section: Provided further that nothing in this section shall be construed as relieving any owner or occupier of a holding from any obligation imposed upon him by this Act or by any other Act in respect of the maintenance of any part of any such fence. 37. (1.) Except by the permission of the Minister Joining it shall not be lawful to join any fence on to any fencefence~ to f erected under or I·n pursuance 0 f t hI' S P art 0 f t hI' S Act fveenrcmesm. -proo ' ()r on to any fence which is vested in the Crown. In every case where such permission is applied for it shall only be granted upon condition that the applicant shall erect and maintain in his fence so many gates for the use of inspectors and other officers as the Minister requires; and every such condition shall be observed so long as such fence remains joined on to the fence erected under or in pursuance of this Part 'of this Act or, as the case may be, vested in the Crown. (2.) Except by the permission of the Minister it shall not be lawful to place or fix or cause or permit to be placed or fixed on or against any fence erected under or in pursuance of this Part of this Act or on or against any fence vested in the Crown anything of what kind soever which mayor may be likely to enable dingoes, rabbits or any other class of vermin against the passage of which such fence is intended to be proof to cross through, under, or over such fence.

368 LAND. PART VII.- VERFIEt[ NINC-EPSR. OOF S tack Routes and Rural Lands Pratectw . n Act. 8 GEO. VI. No. '16, (3.) If any owner or occupier of a holding joins any fence on to any fence which is intended to be proof against the passage of dingoes, rabbits or any other class of vermin and which has been or may hereafter be erected by any person other than under or in pursuance of this Part of this Act, he shall erect in such firstmentioned fence suitable gates so as to permit of free passage along the course of the fence erected by such other person; and every such gate shall be maintained in good and substantial repair so long as such fences remain to each other joined. (4.) Any person who by any act or omission contravenes any provision of this section shall be liable to a penalty not exceeding one hundred pounds. CvUersosetweondf. ifnence for t 3 he 8. puWrphoesne aonf eonwcnloesrinogr hoicscuhpoiledrinogf oar haonlydinpgarutseosf his holding with a fence proof against the passage of dingoes or rabbits or any other vermin any fence so proof on the boundary of his holding which is vested in the Crown or has been erected at the expense of the Crown, or which has been completed by the affixing thereto of wire-netting supplied at the expense of the Crown, he shall maintain such lastmentioned fence in good and substantial repair so as to be proof at all times against the passage of any dingoes, rabbits or other vermin the passage of which it is intended to prevent, and shall also pay to the Crown interest upon the value as determined by the Land Court, of such fence or, as the case may be, the wire-netting on such fence at the rate of four pounds percentum per annum so long as he has the benefit of such fence. Fencing 39. (1.) Where the Local Authority considers it re8erves. necessary for the proper protection or improvement of a reserve for the use of travelling stock or of a stock route- Stock-proof fence. (a) That a stock-proof boundary fence should be erected the Local Authority, with the approval of the Minister, may by notice in writing require the owner or occupier of any adjoining holding within a period to be therein specified to erect and thereafter to maintain such a fence between such holding and the reserve or between such holding and the stock route, as the case may be.

1944. LAND. Stock Routes and Rural Lands Pj<OItection Act. 369 PART VII.- VERMIN-PROOF FENCES. If such owner or occupier fails to erect or complete the erection of such fence within such period the Local Authority may erect or complete such fence; and if such owner or occupier fails to maintain in good and substantial repair such fence when erected, either by the Local Authority or by himself, the Local Authority may so maintain such fence; Any costs incurred by the Local 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; (b) That a fence on any boundary of a reserve for Rabbit-proof S th h eouu I s d e b oef trmavae d lelinpgrosoto f cakgoarm . osft at s h teocpkarsosaugtee ampnraodroSfUfpe. nIacI·e. of anyone or more of the following classes of vermin, namely, dingoes, marsupials, or rabbits, the Local Authority, with the approval of the Minister, may by notice in writing require the owner or occupier of the land adjoining such boundary within a period therein specified to make such fence so proof, and upon completion of the work the· Local Authority shall pay to the owner in all such cases one-half of the cost thereof. If any owner or occupier fails within the period so specified to comply with any such notice, the Local Authority may cause to be done any work necessary to make the fence proof against the class or classes of vermin specified in the notice and may recover half the cost thereof in all such cases from such owner or occupier. The owner or occupier and the Local Authority shall each pay half the cost of maintaining such fence in good and substantial repair. If an owner or occupier and the Local Authority fail to agree in regard to the cost of such main- tenance, the amount shall be determined by the Land Court upon application by either party. The decision of the Land Court shall not be subject to appeal.

380 LAND. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - - - FINANCE. Stock Routes a,nd Rural Lands Protection Act. 8 GEO. VI. No. '16, Payment of 45. (1.) Every assessment on stock shall be levied assessment. by a notice served upon the owner or occupier and shall be payable at the office of the Local Authority by the owner or occupier of the holding on which, as appears by the return or. supplementary return mentioned in subsection two of section forty-three of this Act, the stock in respect of which the assessment is made are depastured and shall be so paid on or before the date specified in the notice of assessment: Provided that when stock depastured on a holding are not the property of the owner or occupier of a holding the liability to pay the assessment in respect of such stock shall also rest upon the owner of such stock. In every such case it shall be the duty of the owner or occupier of the holding forthwith upon being required so to do by the Local Authority to furnish to the Local Authority the name and address of the owner of such stock. Default in (2.) If any person makes default in the payment apsasyemssemnetnot. f of the amount of an assessment payable by him on the due date an additional charge by way of penalty as determined by the Local Authority may be imposed but not exceeding a sum equal to interest on such amount at the rate of ten pounds per centum per annum for the period of default. Enforcement (3.) If an owner or occupier fails to pay the aosfsessment. amount of an assessment payable by him the Local Authority to which such assessment is payable may enforce payment of such amount, together with any sum payable by way of penalty, by complaint against the owner or occupier or manager in a summary way, or by action as for a debt in any court of competent jurisdiction; and in all cases, in addition to any other means of enforcing payment, such assessment and penalty may be levied by distress and sale of any stock owned by such person and found depasturing on any holding wherever situated. rlMeavtaeyksiinngg aonfd and 4 d 6 ir . ecWts hfeurnedsthteo Gbeovrearinsoerd ienithCeroutnhcriolugauhtohuotritshees .aAuunetdth. eorritsheisd eSvtaetrey oArreina ainnywhAirceha slu; > cyha rraattee,isthaeutLhoorciasledAushthaollrimtyakoef and levy such rate on all land within its Area which is, pursuant to the provisions of section nine hereof, rateable for the purposes of this Act, and every such Local

1944. LA)JD. Stock R(J'Utes and Rurab Lands' Protection Act. 381 PART VIII.- FINANCE. Authority shall make and levy such rate in the manner prescribed by, and thereupon such rate shall be deemed to be a rate duly made and levied under the Local Government Acts and all of the applicable provisions thereof shall apply and extend accordingly. 47. Where the Governor in Council has authorised Local and directed funds to be raised in anyone Area by both ~ ~ ! ~ ~ ~ ~ to an assessment on stock and a rate the Local Authority whether shall determine in respect of each owner or occupier aoswsensesrmtoenPtay whether such rate or such assessment shall be payable or rate. and every owner or occupier shall be bound by such determination and liable to pay the assessment or, according as such determination requires, the rate accordingly. 48. Notwithstanding the foregoing provisions of this Smaller Part of this Act, the maximum assessment or rate herein ~ ~ s~ ~ s~ ~ ~ : d mentioned shall not apply to any Area or part of an if Rabbit Area in which a ~ abbit Board continues. to exercise its ~ ; : : a~ ! : ~ n powers and functIOns under *" The Rabbtt Acts, 1913 to the district. 1943," but in every such Area or part of an Area the amount of any assessment made and levied under this Act in anyone year shall not exceed three shillings on every thirty head of cattle or one hundred sheep or proportionate number of cattle and sheep, and the maximum amount of any rate made and levied under this Act in anyone year shall not exceed one-half of one penny in the pound of the rateable value of the land in question. PART IX.-GENERAL. PART IX.- GENERAL. 49. t"The Fencing Act of 1861 " and t"The Fencing Fencing Acts Act of 1861 E.xtension Act of 1897 " shall not apply to not to apply. fences erected under or in pursuance of this Act. 50. (1.) The Governor in Council may from time to Ce:tain time, by Proclamation, declare any animal, bird, or ~ fr: al~ c. reptile to be a natural enemy of the rabbit, and prohibit may b~ , the taking or killing of any such animal, bird, or reptile ~ ~ ~ ~ ~ ~ Fed within such Area or Areas as shall be prescribed in such enemies ?f Proclamation without a permit from the Superintendent. the rabbIt. * 4 G. 5 No. 7 and amending Acts, v. 7, pp. 1180 et 8eq. t 25 V. No. 12, v. 3, p. 474, t 61 V. No. 9, v. 3, p. 480.

382 LAND.· PART IX.- GENERAL. Stock ROlltes a,nd RuralLands ProtectionAct. 8 GEO. VI. No. 16, Power to declare vermin. (2.) Any person who, without the authority of a subsisting permit under this section, wilfully takes or kills, or uses any gun, net, snare, instrument, or any other means for the purpose of, or with the intention of, taking or killing within any Area prescribed in a Proclamation made under this section, any animal, bird, or reptile so declared to be a natural enemy of the rabbit, shall be liable to a penalty not exceeding ten pounds. 51. The Governor in Council may by Order in Council declare any animal or bird to be vermin under this Act either generally or in a particular Area or locality prescribed in such Order in Council. Obstructi~ : m 52. Any person who obstructs, or resists, or hinders opefrasuotnhso.rised any authorI.sed person I.n t he prosecutI.On 0 f hI' S work or in the execution of any power vested in him in pursuance of this Act shall be liable to a pena1ty not exceeding fifty pounds. Organised 53. Where a number of owners and occupiers of gtrhoeups for holdings have formed themselves into a group for the odfesdtirnugcoteios. n Mpuirnpiostseer oisf dseasttisrofiyeidngthdaint gtohees omneassuucrheshotladkienngs faonr dsuthche destruction are effective, he may, upon the recom- mendation of the Co-ordinating Board authorise the payment from the Fund of such sum as he shall fix to assist in defraying the costs, charges and expenses incurred by such group. Recovery of 54. (1.) All penalties incurred for any breach of penalties. this Act may be recovered by complaint in a summary way under *" The Justices Acts, 1886 to 1942." (2.) Any person who contravenes or fails to comply with any provision of this Act shall, unless for such offence a penalty is expressly provided, be liable to a penalty not exceeding ten pounds. Proof of 8.IIlount of costs, charges or expenses. 55. In any proceedings to recover the amount of any costs, charges or expenses recoverable under this Act, a certificate purporting to be signed by the Minister shall be prima facie evidence that costs, charges, and expenses of the amount certified to were actually and lawfully incurred. • 50 V. No. 17 and amending Acts, v. 4, pp. 363 et Beq.

1944. LAND. Stock Routes and RuralLandsProtectionAct. 383 PART IX.- GlilNERAJ:,. 56. The description of any holding inserted in any Descri~tion notice under this Act need not define the land referred % c~ O~ g, to, but shall be sufficient if it makes reference to the notice. land, either by name or boundaries or otherwise, so as to allow of no reasonable doubt as to what holding or land is referred to. 57. Any publication purporting to be a return or Evi~ ence of supplementary return of horses, cattle and sheep under ~~ ~ ~u: ts. *" The Stock Returns Acts, 1893 to 1942," compiled by the Government Statistician from statutory returns and published by the Government Statistician by whatever means published shall, for the purposes of this Act and for the purposes of all judicial proceedings hereunder, and without proof that it was compiled from statutory returns, be prima facie evidence of the facts therein reported, and any such publication shall be receivable in evidence in such proceedings accordingly. 58. Any document or writing required to be served Service. upon any person under or in pursuance ofthis Act may be so served by delivering the same to him or to his agent or by leaving the same at his usual or last known place of abode, or by posting the same in a prepaid post letter addressed to him at his usual or last known place of abode. 59. (1.) The Superintendent, any Assistant Superin- Entry on tendent, any inspector or any person authorised by the land. Local Authority may at any time enter upon any land for the purpose of making an inspection. (2.) The Minister or the Superintendent or, for the purposes of the exercise or discharge of any function, power or duty conferred upon a Local Authority by this Act, such Local Authority may authorise any person to enter upon any land, whether in the occupation of any person or not, and to do any of the following things thereon, that is to say:- (i.) Erect, alter, and/or repair a fence; (ii.) Improve an existing fence, and/or affix wire- netting to an existing fence ; (ill.) Search for and/or destroy rabbits; (iv.) Search for and/or destroy dingoes; (v.) .Search for and/or destroy vermin; (vi.) Search for and/or destroy noxious plants. * 57 V. No. 10 and amending Acts, v. 8, pp. 1193 et 8eq.

LAND. PART IX.- GENERAL. Stock Routes and Rural Lands ProtectionAct. 8 GEO. VI. No. 16, Any person so authorised may enter upon the land with or without assistants and may take such means as to him appear expedient for doing any of such things as aforesaid. (3.) The owner or occupier of any land on which any person enters under or in pursuance of this section shall not have any action against such person or the Minister, Superintendent or, as the case may be, Local Authority for trespass in respect of such entry. (4.) Where this Act prescribes that a person shall not enter upon any land except under the authority of a subsisting permit granted under this Act, nothing in this section shall authorise any person to enter any land for any purpose in respect of which such permit is so prescribed. Indemnity 60. No person shall be deemed a trespasser or be ~ tk; S~ S liable for any damage occasioned by him by reason of execution the execution of any power or function vested in him ~! ! f~= by under or in pursuance of this Act unless such damage this Act. is occasioned otherwise than in the reasonable exercise of such power or function. The adoption and use of such methods as are ordinarily adopted and used for the purpose of destroying dingoes, rabbits or other vermin shall be deemed to be a reasonable exercise of the powers conferred by this Act with reference to the destruction of dingoes, rabbits or other vermin if the person adopting or using such methods exercises ordinary skill and care therein. But before any poison is laid upon any holding by any such person he shall give to the owner of such holding at least seven days' notice in writing stating when and where such poison is to be laid. Crow~ 61. Notwithstanding anything in this Act or in any :' C: ~ ~: ~ ty oth~ r Act contained no action or other remedy shall lie for injuries agamst nor shall any sum by way of compensation, ~~ ~c: :a. b damages, or otherwise be payable by the Crown, or any destru~ tio! Local Authority for any loss or injury sustained by any ; r: . . : ~ ous owner or person in possession of any livestock poisoned by eating on any Crown land or any road or land under the control of any Local Authority, any plant, grass or herbage which has been poisoned by the servant, agent or permittee of the Minister or of such Local Authority in the destruction of or endeavour to destroy any noxious

1944. LAND. Stock Routes and Rw'al Lands Protection Act. 385 PART IX.- GENERAL. plant if the Minister or, as the case may be, such Local Authority has given notice twice in some newspaper and caused public notice of the use of poison to be affixed in a conspicuous manner in all places where the work is being carried out, and has served such notice on each resident occupier of any land abutting on or having frontage to all places where the work is being carried out. 62. (1.) The Governor in Council may from time Regulations to time make regulations providing for all or anyr: ~~ ~ c~ I~ purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. (2.) Regulations may be made on the passing of this Maybe made Act. on passing of (3.) Such regulations may be of general application Act. or may apply to such Area or Areas only as shall be prescribed in such Regulations. (4.) The regulations may fix a penalty not exceeding May fix in any case fifty pounds for any breach thereof. penalty. (5.) In addition to and without in any way limiting General the powers of the Governor in Council, the Governor in powers. Council may from time to time by Order in Council issue such orders and give such directions and prescribe such rules as are necessary to give full effect to the obj ects, purposes and provisions of this Act. (6.) The Governor in Council may amend or rescind any Order in Council by a subsequent Order in Council. (7.) No misnomer or inaccurate description or omission in or from any Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject-matter, provided the same is designated so as to be understood. (8.) All Proclamations, Orders in Council, andproclama. Regulations made or purporting to have been made ~ ions, Or?-ers under this Act shall be published in the Gazette and ~ c~ ~ ~ ~ ~ ~ thereupon shall be of the same effect as if they were ~a~ of this enacted in this Act and shall be judicially noticed and c. shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any Proclamation, Order in Council, or Regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Proclamation, Order in Council, or Regulation. N

386 LAND. PART IX.- GENERAL. Stock Routes and Rural Lands ProtectionAct. 8 GEO. VI. No. 16, To be laid (9.) All Proclamations, Orders in Council, and ~ ~ ~ ~ : ment. Regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; or if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or Regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or Regulation has been laid before it, such Proclamation, Order in Council, or Regulation shall thereupon cease to have effect but without prejudice to the validity of anything done in the meantime. For the purposes of this subsection the term " sitting days" shall mean days on which the House actually sits for the despatch of business. Registration 63. (1.) The Governor in Council may, on the ~ ~ : s~ mestic recommendation of the Co-ordinating Board, by Order in Council declare that every dog (not being a dingo within the meaning of this Act) kept in or introduced into any Area prescribed in such Order in Council shall be registered with the Local Authority for such Area. Annual (2.) The Local Authority shall charge such annua1 f r e e e g . istration registration fee, not being less than two shillings and six pence per head, as may be determined by the Co-ordinating Board. sdRuiespgcpilsitteorda. tiboen so re(g3l . . S)teTreh d e, LtooctahleAouwthnoerriotyf sshuaclhl sduopgpalyd, ifsocr wevitehrysodmoge distinguishing mark or lettering to show that such dog is registered by such Local Authority, the cost of which disc shall be borne by the owner. Renewal : S; ; l!od~e (4.) On payment of the annual registration fee for every year other than the first year there shall be supplied to the owner of the dog a disc (the cost of which shall be borne by the owner) showing the year of issue. Unregistered (5.) Every dog not registered in accordance with ~~ : t~ : : a be this section or for which the annual registration fee has Y • not been paid may be destroyed by any officer of the Department of Public Lands, any officer of the Local Authority, or by any member of the Police Force of Queensland without any compensation to the owner of the dog.

1944. LAND. Slack Ratttes and Rnml Lands Protection Act. 387 PART IX.- GENERAL. (6.) The section shall not apply in any Area in which the by-laws of the Local Authority provide for the compulsory registration of dogs. 64. (1.) In order to deal effectively with the Spec!a! increased numbers of dingoes resulting from the inability ~ : ; v; ~ ~ o~ t: s of Local Authorities and owners and occupiers of holdings de! t~uc~ion to obtain labour and materials to carry on the work of of dingoes. dingo destruction on account of conditions created by the war, the Minister shall have power during the period of three years to commence on the first day of January, one thousand nine hundred and forty-five, to arrange with any Local Authority, in whose Area the ravages of dingoes are causing undue concern to owners and occupiers, to take special measures of an urgent and .emergent nature to destroy dingoes. (2.) Any such arrangement may provide for any of the following matters ;- (a) The payment of special bonuses for dingo scalps in the Area; (b) The making, levying and collection by the Local Authority in the Area of- (i.) An additional assessment on stock not exceeding two shillings and six pence for thirty head of cattle or one hundred sheep, and/or (ii.) An additional rate (not exceeding one farthing in the pound) on the rateable value of land which is rateable for the purposes of this Act, to defray the cost of any such special scheme; (c) The employment by the Local Authority of scalpers, doggers or trappers to destroy dingoes; (d) The employment by the Local Authority of labour and necessary equipment for the laying of baits for the poisoning of dingoes or for the carrying out of any scheme approved by the Minister for the destruction of dingoes. (3.) The amount of all additional assessments and/or additional rates made, levied and collected by a Local Authority under this se-:tiou shall be paid into the Fund.

388 LAND. PART IX.- GENERAL. Stock Routes and Rural Lands ProtectionAct. 8 GEO. VI. No. 16, (4.) All such costs, charges or expenses incurred by a Local Authority under or in pursuance of this section as may be approved by the Minister shall be defrayed from the Fund. (5.) Subject to appropriation by Parliament the Governor in Council may, by Order in Council, authorise the Treasurer to lend moneys to the Minister for the purposes of this section. The amount of every such loan shall be paid into the Fund and the due and proper repayment of any such loan together with interest thereon shall be a charge upon the Fund. Such Order in Council shall prescribe the period of the loan, which shall not exceed thirty years from the date of the Order in CounciL It shall also prescribe the rate of interest to be paid and the times and manner (which may, if the Governor in Council thinks fit, include the provision of a sinking fund) in which repayment shall be made to the Treasurer from the Fund. Repay- ments shall be such as will liquidate the loan with interest within the period fixed for the loan. (6.) The Local Authority shall continue to make, levy and collect, an additional assessment and/or an additional rate of the amount authorised and directed by the Governor il! Council in pursuance of its powers in that behalf under this section for such period of years as may be necessary to recoup the Fund for all moneys paid out of the Fund to such Local Authority for the purposes of this section. (7.) This section shall come into operation on the passing of this Act. For the purposes of this section the following provisions of this Act shall come into operation on the passing of this Act, namely :- (a) Section six; (b) Subsection one of section nine; (c) Subsection one of section forty-two; (d) Sections forty-three to forty-eight, both inclusive, excepting that for the purposes of this section any reference in any such section to the" Co-ordinating Board" shall be read as a reference to the Minister.

1944. LAND. Stock Routes and R1tral Lands Protection Act. 389 PART IX.- GENERAL. 65. A report on the operations of this Act shall ReP'?rt to each year be made by the Superintendent to the Minister Parhament. for submission to Parliament. Date of Act. SCHEDULE. Title of Act. SCHEDULE. Extent of Repeal. 21 Geo. V. No. 44 .. 22 Geo. V. No. 1 .. 24 Geo. V. No. 29 .. 25 Geo. V. No. 32 .. 7 Geo. VI. No. 13 .. 1 Edw. VIII. No. 8 1 Geo. VI. No. 18 .. 2 Geo. VI. No. 16 .. " The Grazing Districts Im- provement Act of 1930 " "The Financial Emergency Act of 1931 " " The Local Authority (Grazing Districts I m- provement) Transfer of Powers Act of 1933 " " The Local Authorities Acts and Other Acts Amendment Act of 1934 " " The Local Government Acts and Other Acts Amend- ment Act of 1943 " " The Stock Routes Improve- ment and Animal and Vegetable Pests Destruction Act of 1936 " " The Land Acts and Other Acts Amendment Act of 1937 " The Stock Routes I mprove- ment and A nimal and Vegetable Pests Destruction Acts Amendment Act of 1938 " The Whole Act excepting Part V. (being sec- tion 59) and sections 60 and 61 thereof. Paragraph (vi.) of section 24. The Whole Act. Part VI. (being sections 24, 25, and 26.) Part IV. (being sections 10 and ll). The Whole Act excepting sec- tion 38 thereof. Section 31, Schedule I. and Schedule II. The Whole Act. LAND TAX VALUATION. See LAND.