Stock Routes and Rural Lands Protection Acts Amendment Act of 1951 (15 Geo Vi No. 26) (Qld)

LAND. 15 G eo . VI. No. 26, 1951. Stock Routes and Rural Lands , Etc., Act. 415 LAND. See also S urveys . (1) Stock Routes and Rural Lands Protection Acts Amendment Act of 1951 .. ..15 Geo. VI. No. 26 (2) Valuation of Land Acts Amendment Act of 1951 ............................................... 15 Geo. VI. No. 43 An Act to Amend “The Stock Routes and Rural 15#0E0 26 yi Lands Protection Acts, 1944 to 1949,” in ^R otjtesaotj R ural L ands certain particulars. P rotection A cts A mendment A ct of 1951. [A ssented to 11 th O ctober , 1951.1 B E it enacted by the King’s 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:— 1. This Act may be cited as “ The Stock Routes and short title Rural Lands Protection Acts Amendment Act of 1951,” “^truction and shall be read as one with * “ The Stock Routes and °° Rural Lands Protection Acts, 1944 to 1949,” herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Stock Routes and Rural Land Protection title- Acts, 1944 to 1951.” 2. Section five of the Principal Act is amended — Amendments of s. 5. (a) By repealing therein the definition of the term “ Holding ” and by inserting, in lieu of that repealed definition, the following definition, namely:— “ “Holding”—Any country land whether held in Holding, fee-simple or under any tenure or subject to any trust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 occupation, leasing or alienation of Crown land: the term includes any land held «■ from the Crown under an occupation license under and wdthin the meaning of the Land Acts ; ” ; * 8 G. 6 No. 16 and amending Acts.

416 LAND. Stock Routes and Rural Lands, Etc., Act. 15 G eo . VI. No. 26, (6) By inserting therein, after the definition of the term “ Noxious Plants ”, the following definition namely :— Occupier. “ “ Occupier ”—The person in actual occupation of any holding or, if there is no person in actual occupation of a holding, the person entitled to possession of that holding ; ” ; (c) By repealing therein the definition of the term “ “ Reserve for travelling stock ” or “ Reserve ” ” and by inserting in lieu of that repealed definition the following definitions, namely :— Reserve. “ “ Reserve ”—Includes any country land (except a “ reserve for travelling stock ” as defined in this Act) which for the time being is reserved, or set apart, or reserved and set apart under any Act or law for a public purpose and is under the control of a Local Authority; Reserve for travelling stock. “ Reserve for travelling stock ”—Includes any land which for the time being is reserved, or set apart or reserved and set apart under any Act or law for a public purpose or any purpose whereunder or whereby that land may, consistently with the intent of that reservation, or setting apart, or reservation and setting apart, be lawfully used by or for the purposes of travelling stock; Amendment 3. Subsection two of section six of the Principal of s. 6 (2.). Act is amended by adding thereto the following paragraph, namely:— “ The Governor in Council may at any time and from time to time appoint and employ such and so many persons as he deems necessary for the purpose of carrying out experiments and investigations with the object of ascertaining the most economical and effective means of destroying any vermin or noxious plants New s. 7 a inserted. Definition of noxious plants. 4-. The following section is inserted after section seven of the Principal Act, namely :— “ [7 a .] The Governor in Council may at any time or from time to time, by notification published in the Gazette, declare any plant or weed to be a noxious plant under and for the-purposes of this Act, and either in a specified Area or Areas or throughout the State.”.

LAND. 417 L951. Stock Routes and Rural Lands, Etc., Act. 5. The following section is inserted after section New s. 8 a eight of the Principal Act, namely :— mserte ' “ [5 a .] (1.) The Minister may, upon thePlant’ recommendation of the Co-ordinating Board, purchase a£d any equipment or materials or equipment and materials materials, for the control or eradication of noxious plants or vermin, or noxious plants and vermin, for resale to owners and occupiers, and may resell the same to any and every owner or occupier at cost price plus an added amount as determined by the Minister to cover costs, including administrative costs, of and incidental to the obtaining, supplying and distributing of equipment and materials as aforesaid. (2.) The Minister may, upon the recommendation of the Co-ordinating Board, acquire any plant or equipment for hiring to owners and occupiers for use on their holdings in the control or eradication of noxious plants or vermin, or both of these, and may hire out or arrange for the hiring out of the same to any and every owner or occupier for use by him as aforesaid upon and subject to such terms and conditions, including the payment by that owner or occupier of a hiring charge, as may be determined from time to time by the Minister.” 6. Subsection one of section nine of the Principal Amendments Act is amended— of s-9 d )- (a) By repealing the words “ six shillings ” appearing in subparagraph (i.) of the first paragraph thereof and by inserting, in lieu of those repealed words, the words “ nine shillings ”; , " (b) By inserting, after the words “ one penny ” appearing in subparagraph (ii.) of the first paragraph thereof, the word “ half-penny ”. 7. Subsection two of section fourteen of the Amendments Principal Act is amended by repealing paragraph (a)of 8-14 (2 )- thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ (a) That 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, o

418 LAND. Stock Routes and Rural Lands, Etc., Act. 15 G eo . VI. No. 26, prepare and submit to the Minister a plan for a co-ordinative programme of works for any or all of the following, namely :— (i.) The improvement and maintenance of stock routes; (ii.) The destruction of noxious plants on vacant Crown land, stock routes or parts of stock routes which are not fenced in with any holding, and reserves or reserves for travelling stock which are not fenced in with any holding or leased, and subject to agreement with the relevant authority as hereinafter referred to in this Act, on any land, reserve, highway, road or track owned, occupied, held in trust, or controlled by any person or authority under * “ The Railways Acts, 1914 to 1946,” f“ The Main Roads Acts, 1920 to 1943,” or J “ The State Forests and National Parks Acts, 1906 to 1948 ” (or any Act passed hereafter in amendment of or substitution for any of those Acts) and on any land situated within any city, town or township and owned, occupied, held in trust or controlled by a Local Authority; and (iii.) 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 ; ” . Amendment* g. Section sixteen of the Principal Act is amended— * (a) By repealing the words “ and to any stock route or part of a stock route or reserve for travelling stock within its Area ” where those words appear therein immediately before paragraph (i.) of that section, and by inserting, in lieu of those repealed words, the words “ and any vacant Crown land, stock route, part of a stock route, reserve, or reserve for travelling stock within its Area ” ; (b) By inserting after the word “ reserve ” where that word appears in paragraphs (i.) and (ii.) thereof, the words “ for travelling stock ” ; * 5 G. 5 No. 24 and amending Acts, f 10 G. 5 No. 26 and amending Acts. J 6 E. 7 No. 20 and amending Acts.

LAND. 419 1951. Stock Routes and Rural Lands, Etc., Act. (c) By repealing paragraph (vii.) thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— . “ (vii.) If thereunto required pursuant to any . programme of works approved by the Governor in Council under this Act— (а) Carry out (subject to the provisions of the Land Acts relating to the destruction and/or ringbarking of timber) ringbarking, clearing and/or any other works upon any stock route, part of a stock route or reserve for travelling stock; and (б) Destroy noxious plants on the following, or any of them, that is to say, vacant Crown land, stock routes or parts of stock routes which are not fenced in with any holding, and reserves or reserves for travelling stock which are neither leased nor fenced in with any holding ; 9. Section twenty-one of the Principal Act is repealed and, in lieu of that repealed section, the following “ 21 ? section is inserted, namely :— “ [22.] Any and every Local Authority, including Brisbane City Council, shall, with respect to the destruction of noxious plants within its Area, take, do and execute at any time and from time to time, all such steps, acts, matters and things as are required under or in pursuance of this Act to be so taken, done or executed by that Local Authority and a Local Authority (including Brisbane City Council) shall not in the exercise or purported exercise of its powers and authorities with respect to noxious weeds and plants and the extirpation and destruction thereof under the Local Government Acts (including, in the case of Brisbane City Council, * “ The City of Brisbane Acts, 1924 to 1950 ”) take, do or execute or permit or allow to be taken, done or executed at any time any step, act, matter or thing which is contrary to or inconsistent with a step, act, matter or thing aforesaid required in the case of the Local Authority concerned under or in pursuance of this Act: Provided that neither this section nor any other provision of this Act shall be construed so as to limit, prejudice or otherwise affect the powers and authorities * 16 G. 5 No. 32 and amending Acts.

420 LAND. Stock Routes and Rural Lands, Etc., Act. 15 G eo . VI. No. 26, of Local Authorities (including Brisbane City Council) under the Local Government Acts (including, in the case of Brisbane City Council, * “ The City of Brisbane Acts, 1924 to 1950 ”) with respect to noxious plants and the extirpation and destruction of noxious plants upon any land not comprised in any of the following, that is to say, country land, a reserve, a reserve for travelling stock, a stock route, or vacant Crown land.” Amendments 10. Subsection one of section twenty-two of the of s. 22(1.). Principal Act is repealed and, in lieu of that repealed subsection, the following subsection is inserted, namely:— “ ( 1 .) Any and every owner or occupier shall, at his own 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) that other vermin and all noxious plants— (i.) On his holding; (ii.) On any stock route, part of a stock route, ■ reserve or reserve for travelling stock which adjoins or is within the boundaries of his holding and which is not fenced out of that holding; and (iii.) On the bed and banks of, and in the water to the centre line of any non-tidal watercourse or any part of a non-tidal watercourse which abuts upon or bounds his holding or any part thereof as comprises any part of the boundaries of his holding, and shall keep free from dingoes, foxes, rabbits, other vermin as aforesaid and noxious plants, his holding and any stock route, part of a stock route, reserve, reserve for travelling stock, and bed and banks and water in any watercourse hereinbefore in this subsection specified in his case.” Amendments 11 . Section twenty-three of the Principal Act is °f s. 23. amended— (a) By repealing in subsection one of that section all words from and including the words “ on his holding ” to and including the words “ to the centre fine thereof ” and by inserting, in lieu of those repealed words, the words “ on or in the whole or any specified part of the 15 G. 5 No. 32 and amending Acts.

1951. LAND. Stock Routes and Rural Lands, Etc., Act. 421 following, or any of them, that is to say, his hplding, any stock route, part of a stock route, reserve, or reserve for travelling stock fenced in with his holding, and the bed and banks of, and the water to the centre line of, any non-tidal watercourse or any part of a non-tidal watercourse which abuts upon or bounds his holding or any part thereof ” ; (b) By repealing subsections two, three, and four of that section and by inserting, in lieu of those repealed subsections, the following subsection, namely:— “ (2.) Any owner or occupier served with a notice under this section— (a) Who, during the period of thirty days next following the date of the service upon him of that notice, fails to take any measures whatsoever effective to comply with the requirements of that notice ; or (b) Who, having commenced to take measures effective to comply with the requirements of that notice, ceases those measures at a time (whether before or after the expiratidn of the aforementioned period of thirty days) before he shall have complied in every respect with the requirements of that notice, shall be liable to a penalty not exceeding one hundred pounds.” 12. The following section is inserted after section New s. 23 a twenty-three of the Principal Act, namely :— inserted. “ [23 a .] (1.) This section applies with respect to provisions any and every owner or occupier of a holding who has enforce been served with a notice under section twenty-three of mlnTof™6' this Act and all lands, including the bed and banks of, and the water in up to the centre line of any non-tidal Act. ° 18 watercourse or any part of a non-tidal watercourse whereon or wherein that owner or occupier is required by that notice to destroy dingoes, foxes, rabbits, other vermin, or noxious plants, or any of them ; and this section so applies irrespective of whether or not that owner or occupier shall have been proceeded against or convicted for an offence under the said section twenty-three in relation to that notice.

422 LAND. Stock Routes and Rural Lands, Etc., Act. 15 G eo . VI. No. 26, (2.) If, after the expiration of the period of thirty days next following the date of the service upon an owner or occupier of a notice under section twenty-three of this Act an inspector, a person acting under the authority of the Superintendent, or the Local Authority finds or is satisfied that there are on or in the whole or, as the case may be, the part specified in that notice of the following, or any of them, specified in that notice, that is to say the holding owned or occupied by that owner or occupier, any stock route, part of a stock route, reserve, or reserve for travelling stock fenced in with that holding, or the bed and banks of, or the water in to the centre line of, any non-tidal watercourse or any part of a non-tidal watercourse which abuts upon or bounds that holding or any part thereof, any dingoes, foxes, rabbits, other vermin or noxious plants for the destruction of which that notice required the taking of effective measures, then the Local Authority— (a) May; and ( b) Shall, if thereunto directed by the Superintendent, • authorise any person, with or without assistants, to enter upon or into the whole or, as the case may be, the part specified in that notice of that holding, stock route, part of a stock route, reserve, reserve for travelling stock, or bed and banks of a non-tidal watercourse, and there to take and do all such measures and things as appear effective to destroy dingoes, foxes, rabbits, other vermin, and noxious plants thereon or therein, or any of them, according as required by the aforesaid notice. Any person so authorised and his authorised assistants, if any, may enter upon the whole or, according to the authority, part of any holding, stock route, part of a stock route, reserve, reserve for travelling stock, or bed and banks of a non-tidal watercourse and, during such period as the Superintendent or, subject to the Superintendent, the Local Authority deems necessary for effecting the purposes of the authority as aforesaid, may remain and take and do all such matters and things as aforesaid thereon or therein. (3.) If, after the expiration of the period of thirty days hereinbefore mentioned in this section, the Local Authority or, if the notice under section twenty-three of this Act in question has been served by his direction, the Superintendent is satisfied that the owner or occupier

LAND. 423 1951. Stock Routes and Rural Lands, Etc., Act. concerned, having commenced to take, and do, before the expiration of that period, measures and things effective to comply with the requirements of that notice, is continuing the taking and doing of those measures and things in a manner effective as aforesaid, the Local Authority may and, if so directed by the Superintendent shall— (a) Defer for the time being the issue of authority under subsection two of this section; or (b) if such authority has already been issued, suspend it for the time being subject to and upon the owner or occupier in question defraying all costs, charges and expenses incurred to the date of that suspension by the authorised person with respect to the exercise by him of that authority. ( 4 .) All costs, charges and expenses incurred; by a person authorised under subsection two of this section with respect to the exercise of that authority shjall be recoverable from the owner or occupier in question and payment thereof may be enforced by the Local Authority * or the Superintendent in a summary way by complaint under * “ The Justices Acts, 1886 to 1949,” or by action as for a debt in any court of competent jurisdiction. ( 5 .) The section shall apply so as not to prejudice, affect or otherwise howsoever derogate from any duty, obligation or liability imposed or imposable upon an owner or occupier under or in pursuance of any other section of this Act or any provision thereof.” 13. The following section is inserted after section New s. 23 b 23 a of the Principal Act, as previously inserted by thisinserted- Act, namely:— “ [ 23 b .] ( 1 .) In order better to provide for the Simul. simultaneous destruction of noxious plants, the Minister taneous may at any time and from time to time, by notification of noxious1 published in the Gazette, fix a date when the measures and plants things as set out in that notification shall be taken and thTstateUt done forthwith for destroying any and every noxious plant or a part specified in that notification either, according as required thereof.1*7 by that notification, throughout the whole of the State or the part or locality of the State specified in that notification. * 50 V. No. 17 and amending Acts.

424 LAND. Stock Routes and Rural Lands, Etc., Act. 15 G eo . VI. No. 26, (2.) Any notification as aforesaid may be revoked, amended, altered, varied or otherwise modified by the Minister at any time and from time to time by a further notification published in the Gazette. (3.) Any and every notification under this section shall also be published in a newspaper circulating throughout the State or, if the notice relates to a part or locality of the State, a newspaper, if any, circulating within that part or locality. (4.) Any and every Local Authority or, in the case of a notification under this section relating to a part or locality of this State, any and every Local Authority, the Area or any portion of the Area of which is wdthin that part or locality of this State, shall serve a copy of that notification upon the owner or occupier of any and every holding within its Area or, as the case may be, the portion aforesaid of its Area. For the purposes of this subsection any document so served by a Local Authority which purports to be a copy of a notification as aforesaid shall be deemed to be such a copy unless and until the contrary is proved. (5.) Every owner or occupier of a holding required by subsection four of this section to be served with a notification under this section and so served shall take and do, forthwith upon the date fixed by that notification and continuously thereafter until he shall have complied in every respect with the requirements of that notification, the measures and steps specified thereby for the destruction of the noxious plants specified in that notification on or in— (а) The holding owned or occupied by him; (б) Any stock route, part of a stock route, reserve or reserve for travelling stock fenced in with that holding; and (c) The bed and banks of, and the water in up to the centre line of, any non-tidal watercourse or any part of a non-tidal watercourse which abuts upon or bounds that holding or any part thereof, and any such owner or occupier who fails to comply in every respect wdth the requirements of this subsection shall be liable to a penalty not exceeding one hundred pounds.

LAND., 1951. Stock Routes and Rural Lands, Etc., Act. (6.) The Co-ordinating Board may, in writing, permit an owner or occupier to destroy in terms of a notification published under this section noxious plants in the order successively as determined by that Board of parts as specified by that Board of the lands (including, if any, the bed and banks, and the water in up to the centre line of any non-tidal watercourse) whereon or wherein that owner or occupier is required by that notification to destroy those noxious plants. Permission as aforesaid may be granted in any and every case where the said Board deems that permis­ sion necessary or expedient in order to prevent the spread of the noxious plants in question from any part of any lands to which a notification under this section relates. Any notification under this section shall in its application with respect to any owner or occupier granted a permit as aforesaid be read subject to that permit at any and every time while that permit remains in force : Provided that the Co-ordinating Board njay at any time revoke such a permit. j (7.) Where a permit under this section relates to a part or parts comprising portion only of thei lands upon or in which the owner or occupier to whom that permit is issued is required to destroy any noxious plants by the notification under this section to which that permit relates then the Co-ordinating Board may at any later time or times, and from time to time, issue such and so many other permits under this section as will ensure the destruction in due course and in terms of the notification concerned of the noxious plants in question on or in the whole of those lands. (8.) Section 23 a of this Act shall apply with respect to any and every owner or occupier of a holding who is required to destroy noxious plants in terms of a notification under this section and all lands, including the bed and banks of, and water in up to the centre line of any non-tidal watercourse or part of a non-tidal watercourse, whereon or wherein that owner or occupier is so required to destroy those noxious plants as if that notification were a notice under section twenty-three of this Act served on that owner or occupier upon the date fixed thereby. 425

426 LAND. Stock Routes and Rural Lands, Etc., Act. 15 G eo . VI. No. 26, The said section twenty-three shall be read subject to all such adaptations thereof as are necessary for the purposes of its application as aforesaid. (9.) The duties and obligations with respect to the destruction of noxious plants imposable in pursuance of this section upon an owner or occupier shall be in addition to and not in derogation of any such duty or obligation imposed or imposable upon an owner or occupier under or in pursuance of any other provision of this Act, and this section shall be construed accordingly.” New s. 23 c 14. The following section is inserted after section mserted. 23 b of the Principal Act, as previously inserted by this Act, namely:— When Local “ [23c.] Notwithstanding anything contained in any dnAeousxttihrooouyrsity to tohtheerCop- roorvdiisnioantinogf BthoiasrdA, ctth, ewhMeirnei,stuerpoins tshaetisrfieepdortthaotf plualnnaddnestrsniotonst tAhreeadenstortuctthioenporfopaenrytynooxfioours pcolanntrtsololend abnyy ltahned Linocaanl control. Authority for that Area is desirable in the public interest, the Minister may direct that Local Authority, at the cost of the Fund, or the Superintendent to destroy those noxious plants and thereupon that Local Authority or, as the case may be, the Superintendent shall destroy or cause to be destroyed those noxious plants.” Amendment 15. Subsection three of section forty-two of the of s. 42(3.). pjjjjcipaj jg amended by inserting, after paragraph (v.) thereof, the following paragraph, namely :— ' “ (v.a.) Defraying the cost of experiments and investigations carried out, with the approval of the Minister, with the object of ascertaining the most economical and effective means of destroying any vermin or noxious plants ; ”. Amendments 16. Section forty-eight of the Principal Act is °f s. 48. amended— (a) By repealing therein the words “ three shillings ” and by inserting, in lieu of those repealed words, the words “ six shillings ” ; (b) By repealing therein the words “ one half of one penny ” and by inserting, in lieu of those repealed words, the words “ one penny ”.

LAND. 42T 1951. Stock Routes and Rural Lands, Etc., Act. • 17. The following section is inserted after section New s. 54 a fifty-four of the Principal Act, namely :— inserted. “ [54 a .] Where any plant or equipmenthired out under %o£ the authority of this Act to any owner or occupier — occupier . with respecl (а) Shall not have been returned to the Supenn- to plant or tendent, or an inspector, or the Local tThim, Authority at the place directed, or within fourteen days after demand for the return thereof made, by the Superintendent or that inspector or Local Authority, as the case may be ; or (б) Shall have been returned to the Superin­ tendent, an inspector or the Local Authority (whether or not by direction or upon demand as aforesaid) in a damaged, broken or otherwise unsatisfactory state or condition (fair wear and tear excepted), then, the cost of replacing the plant or equipment not returned by direction or upon demand as aforesaid or, as the case may be, the cost of repairing the plant or equipment returned in the state or condition aforesaid or, ifthe same is irreparable, ofreplacing it, shall be recoverable from the owner or occupier who failed to duly return as directed or demanded the same or who returned the same in the aforesaid state or condition. Payment of any costs as aforesaid or any amount thereof may be enforced by the Superintendent or the Local Authority in a summary way by complaint under * “ The Justices Acts, 1886 to 1949,” or by action as for a debt in any court of competent jurisdiction.” 50 V. No. 17 and amending Acts.