Stock Routes and Rural Lands Protection Acts Amendment Act of 1963 (Qld)

197 (Q-11censl710 ANNO ' DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1963 An Act to Amend "The Stock Routes and Rural Lands. Protection Acts, 1944 to 1962," in certain particulars [ASSENTED TO 16TH DECEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Stock Routes and' Rural Lands Protection Acts Amendment Act of 1963." (2) Principal Act. " The Stock Routes and Rural Lands Protection Acts, 1944 to 1962," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Stock Routes and Rural Lands Protection Acts, 1944 to 1963."

198 Stock Routes and Rural Lands Protection Acts, Etc., Act of 1963, No. 36 2. Amendments of s. 23A (1). Subsection (1) of section 23A of the Principal Act is amended by- (a) inserting after the words " noxious plant ", where appearing in the first paragraph, the words and brackets " other than Mimosa invisa (Giant Sensitive Plant) "; and (b) inserting after the first paragraph the following paragraph:- " Subject to the provisions of section 23B of this Act an inspector may, and shall if thereunto directed by the Superintendent acting for and on the instructions of the Co-ordinating Board, serve upon the owner of any holding a notice in writing requiring such owner to destroy all Mimosa invisa (Giant Sensitive Plant) on such holding within the period specified in such notice." 3. Amendments of s. 23B (5). Subsection (5) of section 23B of the Principal Act is amended by omitting subsection (5) and inserting in its stead the following subsection:- " (5.) In the case of a notification under this section in relation to Mimosa invisa (Giant Sensitive Plant) an inspector shall serve a copy of that notification upon the owner of any and every holding within the part or locality of the State specified in such notification. In the case of a notification under this section in relation to any noxious plant or noxious plants other than Mimosa invisa (Giant Sensitive Plant), any and every Local Authority, the Area or any portion of the Area of which is within the part or locality of the State specified in such notification, shall serve a copy of that notification upon the owner of any and every holding within its Area or, as the case may be, the portion aforesaid of its Area. If with respect to any notification under this section, any further notification (except a notification revoking the same ) is made under this section , an inspector, where the notification and further notification relate to Mimosa invisa (Giant Sensitive Plant) and in every other case, a Local Authority shall serve a copy of the further notification upon any and every owner of a holding required by this subsection to be served by an inspector or, as the case may be, such Local Authority with a copy of the notification. For the purposes of this subsection, any document so served by an inspector or Local Authority which purports to be a copy of a notification or further notification under this- section shall be deemed to be a copy of such notification or, as the case may be, further notification unless and until the contrary is proved." 4. Amendments of s. 23C. Section 23c of the Principal Act is amended by- (a) in subsection (2)- (i) inserting before the words " the Local Authority ", where firstly appearing, the words and brackets " (except in the case of such a notice or notification which relates to Mimosa invisa (Giant Sensitive Plant)) "; and (ii) inserting before the words " the Local Authority ", where secondly appearing , the words " where the notice or notification in question relates to Mimosa invisa ( Giant Sensitive Plant), the Superintendent may and any inspector thereunto directed by the Superintendent shall and, in any other case,";

Stock Routes and Rural Lands Protection Acts, Etc., Act of 1963, No. 36 199 (b) in subsection (3)- (i) omitting the words " suspend the authority as aforesaid for the time being " and inserting in their stead the words " suspend for the time being any authority granted by it under subsection ( 2.) of this section "; and (ii) adding the following paragraph:- " The Superintendent may, and an inspector thereunto directed by the Superintendent shall, suspend for the time being any authority granted by him under subsection ( 2.) of this section , subject to and upon the owner concerned 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."; and (c) in subsection ( 4) omitting the words " by the Local Authority or the Superintendent " and inserting in their stead the words " by the Superintendent , where the authority was granted by the Superintendent or an inspector , or by the Local Authority whereby the authority was granted ".