Stock Routes and Rural Lands Protection Acts Amendment Act of 1964 (Qld)

533 Queenslanh ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1964 An Act to Amend "The Stock Routes and Rural Lands Protection Acts, 1944 to 1963 ," in certain particulars [ASSENTED TO 10TH DECEMBER, 1964] 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 1964." (2) Principal Act. " The Stock Routes and Rural Lands Protection Acts, 1944 to 1963," 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 1964." 2. Amendment of s. 4 . Section four of the Principal Act is amended by inserting after the words " PART V-DESTRUCTION OF DINGOES, OTHER VERMIN, AND Noxious PLANTS "; the words, " PART VA-DINGO DESTRUCTION SYNDICATES;". 3. Insertion of Part VA. The Principal Act is amended by inserting after section twenty-eight the following headnote and sections-

534 Stock Routes and Rural Lands , Etc., Amendment Act of 1964, No. 51 " PART VA-DINGO DESTRUCTION SYNDICATES [28A.) Meaning of term . For the purposes of this Part four or more holdings shall be adjacent where each lies so near as to abut upon at least one of the others. Any holdings separated by a watercourse, road, reserve or railway line shall be deemed to abut upon each other where so separated. [28B.] Dingo destruction syndicates and areas . (1) Four or more owners of adjacent holdings may apply to the Minister for registration as a dingo destruction syndicate and for registration of their holdings as a dingo destruction syndicate area. (2) Every such application shall be in writing, shall be signed by every owner who is a party thereto and shall contain the following information and particulars,- (a) the full name and address of every owner who is a party to the application and, if the application is made pursuant to section 28c of this Act, of every owner upon whom the request referred to in that section was served who is not a party to the application ; (b) a description of the holding or holdings held by every such owner; (c) in respect of every such holding whether sheep, or cattle, or both sheep and cattle are ordinarily depastured thereon; (d) in respect of every such holding whether the holding is by itself, or with another holding or holdings enclosed with marsupial- proof fencing and, in the case of such a holding so enclosed with another holding of descriptions of such other holding or holdings; (e) the name by which it is desired to register the syndicate. (3) Every such application shall also contain or shall be accompanied by- (a) a statement as to the manner in which the applicants have decided or agreed that the business and affairs of the syndicate will be conducted; (b) an estimate of the annual cost of the operations of the syndicate and a statement of the ways and means by which the applicants have decided or agreed that the moneys to meet such annual cost shall be raised; (c) a statement of the methods proposed for the destruction of dingoes or for keeping the area free from dingoes. (4) The Minister may require the applicants for registration as a dingo destruction syndicate to furnish to him all such further or additional information and particulars as he deems fit, and such applicants shall furnish to the Minister within the time specified by him any further or additional information and particulars so required by the Minister. (5) Upon an application made as prescribed by this section and, where in respect of the application the Minister has required any further or additional information or particulars, upon the furnishing to him of such further or additional information and particulars to his satisfaction, the Minister, by notification published in the Gazette, shall- (a) register the applicants as a Dingo Destruction Syndicate under the name stated in the application;

Stock Routes and Rural Lands, Etc., Amendment Act of 1964, No. 51 535 (b) register the holdings to which the application relates as a Dingo Destruction Syndicate Area, under the same name as that of the syndicate. The Minister shall cause a copy of such notification to be served upon each and every member of the syndicate. [28C.] Majority may request formation of syndicate . (1) Where not less than two-thirds of five or more owners of adjacent holdings are of the opinion that it would be beneficial for all such owners to form themselves into a dingo destruction syndicate for the purpose of destroying dingoes on their holdings and maintaining such holdings free from dingoes, they may request the remaining owner or owners to join with them in forming a dingo destruction syndicate and for registration of their holdings as a dingo destruction syndicate area. Every such request shall be in writing, shall be signed by every owner who is a party thereto and shall contain, in relation to the dingo destruction syndicate to which the request relates, the statements and estimate prescribed by subsection (3) of section 28B of this Act. (2) Notwithstanding that any owner or owners thereunto requested as prescribed by subsection (1) of this section do not join in the application, at any time after thirty days after the service of the request, the owners by whom the request was made and any owner or owners upon whom the request was made may apply as prescribed by section 28B of this Act for- (a) the registration as a dingo destruction syndicate of all owners who signed the request and of all owners upon whom the request was served; and (b) the registration as a dingo destruction syndicate area of the holdings of all owners who signed the request and of all owners upon whom the request was served. (3) Every application to which this section relates shall be accompanied by a copy of the request served upon every owner by whom the application is not signed. (4) The Minister may, pursuant to subsection (4) of section 28B of this Act, require additional information and particulars in respect of an application to which this section applies. (5) The Minister may, in his absolute discretion, refuse an application to which this section applies. If the Minister does not refuse the application he shall proceed as prescribed by subsection (6) of this section. (6) Before the Minister grants registration pursuant to an application to which this section relates, he shall serve upon every owner included in the application who did not sign the application a notice stating that, if such owner desires to object to being registered as a member of the syndicate to which the application relates, such owner should, after the receipt by him of such notice, lodge with the Minister an objection in writing to his being so registered signed by him and setting out the grounds of such objection. If any owner served with a notice by the Minister under this subsection lodges with the Minister the objection referred to in such notice within thirty days after the receipt by such owner of such notice, the Minister shall refer such objection to the Land Court for hearing and determination.

536 Stock Routes and Rural Lands,.Etc., Amendment Act of 1964, No. 51 If there are more objections than one they shall be heard and determined together. The owner making the objection and all other owners included in the application shall be entitled to appear and be heard by the Land Court upon the hearing of the objection, The decision of the Land Court shall be final and conclusive. (7) The Land Court shall forward its decision to the Minister. The Minister shall cause a copy of the decision to be served upon every owner to whom the application relates. (8) If the Land Court by its decision upholds an objection or objections, the Minister shall not grant registrations pursuant to the application. In such event the owners who signed the application may, in writing signed by each of them, request the Minister to deal with the application as if it had been made in the first instance for the registration as a dingo destruction syndicate of all owners named in the application other than such of them as the Court has determined upon objection duly made under subsection (7) of this section should not be included in the syndicate and for registration of their holdings as a dingo destruction area. The Minister may refuse such request or, if all of the holdings to which the request relates are adjacent he may grant the same and thereupon, under and pursuant to subsection (5) of section 28B of this Act, shall- (a) register as a dingo destruction syndicate all owners named in the application other than such of them as the Court has duly determined should not be included in the syndicate; and (b) register the holdings to which the application relates of the owners so registered as a dingo destruction syndicate area. (9) If the Court dismisses every objection which has been duly made, the Minister shall, under and pursuant to subsection (5) of section 28B of this Act, (a) register as a dingo destruction syndicate all owners named in the application; and (b) register the holdings to which the application relates of such owners as a dingo destruction syndicate area. [28D.] Withdrawal from syndicate. (1) Subject to this section, a member of a dingo destruction syndicate may apply to the syndicate- (a) to retire therefrom; or (b) in the case of a member who owns two or more holdings included in the dingo destruction syndicate area registered in respect of the syndicate, to have one or more (but not all) of such holdings excluded from such area. Every such application shall be in writing signed by the owner concerned and shall state the grounds thereof. (2) A member shall not be eligible to make a first application under this section until the expiration of a period of twelve months from and including the date of the publication in the Gazette of the notification registering the syndicate in question. A member shall not be eligible to make a second or subsequent application under this section until the expiration of a period of twelve months from and including the date when the syndicate or, upon appeal from the syndicate, the Minister refused the next preceding such application made by him.

Stock Routes and Rural Lands, Etc., Amendment Act of 1964, No. 51 537 (3) An application under this section shall be dealt with and decided by a special meeting of the members of the syndicate. The following members shall not take part in or vote at such special meeting , namely- (a) the applicant; or (b) any member of the syndicate who is indebted to the syndicate in respect of any rates, charges or other moneys whatsoever which have become due and payable by him to it. (4) If the special meeting grants the application, the syndicate shall inform the Minister accordingly. (5) If the special meeting refuses to grant the application, the applicant may in writing request the syndicate to refer the application to the Minister, and the syndicate shall thereupon refer the application to the Minister. The syndicate may make to the Minister such representations as it deems fit regarding the application. (6) Upon such a reference, the Minister may grant or refuse to grant the application. The decision of the Minister shall be final and shall be binding upon the syndicate and all members thereof, including the applicant, and all other persons concerned. (7) Where an application under this section is granted by the syndicate or, upon reference thereof to him, by the Minister, the Minister shall, according to the tenor of the application, by notification published in the Gazette notify that the applicant is retired from the syndicate or, as the case may be, that the holding or holdings the subject of the application is or are excluded from the dingo destruction syndicate area registered in respect of the syndicate. Such retirement or exclusion shall be of effect on and from the date of the publication in the Gazette of the notification. Upon and by virtue of retirement as prescribed by this section, every holding whereof the member retired is the owner shall be excluded from the dingo destruction area in question. [28E.] Admission of new members . (1) An owner of a holding or holdings adjacent to the dingo destruction syndicate area registered in respect of a syndicate, may apply to the syndicate to become a member thereof and for the inclusion of such holding or holdings in such area. (2) If the syndicate accepts the applicant as a member, it shall request in writing the Minister to register the applicant as a member of the syndicate and to register the holding or holdings the subject of the application as being included in the dingo destruction syndicate area registered in respect of the syndicate. The request shall be countersigned by the applicant. (3) Upon receipt of a request under subsection (2) of this section, the Minister shall by notification published in the Gazette notify that the owner named in the request is a member of the syndicate which made the request and that the holding or holdings described in the request is or are included in the dingo destruction syndicate area registered in respect of such syndicate. Such membership and inclusion shall be of effect on and from the date of the publication in the Gazette of the notification.

538 Stock Routes and Rural Lands , Etc., Amendment Act of 1964, No. 51 (4) Section 28D of this Act applies to a member admitted under this section as if the syndicate had been registered on the date on and from which his membership took effect. [28F.] Syndicate may authorise entry upon land. A syndicate may authorise any person to enter, upon any holding included in the dingo destruction syndicate area registered in respect of the syndicate for the purpose of searching for and destroying dingoes. The person so authorised may enter upon the holding in question and may thereon adopt and use such methods as are ordinarily adopted and used for the purpose of destroying dingoes. The person so authorised, without entering upon the holding, may lay poison baits thereon by means of an aircraft. [28G.] (1) The reduction, by retirement as prescribed by section 28D of this Act, to less than four in number of membership shall not affect or prejudice in any way the registration of a syndicate or its continuity of registration. (2) Two or more persons who own the one holding shall be deemed for the purposes of this Part to be one and the same owner. (3) While a holding is included in the dingo destruction syndicate area registered in respect of a syndicate, every owner for the time being of such holding shall, upon and by virtue of becoming such owner, (and without notification in the Gazette) become and be a member of the syndicate. It is hereby declared that, in such case, the person who was the next preceding owner ceased (and without any notification in the Gazette) to be a member of the syndicate when he ceased to be the owner. Cesser of membership of a syndicate as prescribed by this subsection shall not prejudice or affect in any way the liability of the person concerned for any rates, charges or other moneys due and unpaid by him to the syndicate or the right of the syndicate to recover the same. [28H.] Termination of registration . The Minister- (a) shall, upon a request in writing in that behalf signed by more than one half of the members each and every one of whom is, at the time when the request is made to the Minister, not indebted to the syndicate in respect of any rates, charges or other moneys payable by him to it; and (b) may, without such a request, if in his opinion the registration should be terminated, terminate the registration of any syndicate and of the dingo destruction syndicate area registered in respect of such syndicate. Such termination shall be effected by the Minister by notification published in the Gazette and shall be effective on and from the date of such publication. [281.] Members to pay charges , &c. Every member for the time being of a syndicate shall be liable to pay to the syndicate all such rates, charges or other moneys as the syndicate may from time to time determine.,

Stock Routes and Rural Lands , Etc., Amendment Act of 1964, No. 51 539 [ 28J.] Recovery by syndicate of unpaid rates , charges or other moneys. Any unpaid amount of any rates, charges or other moneys due and payable to a syndicate by any member or other person may be recovered on behalf of the syndicate by any person thereunto authorised by the syndicate by action as for a debt in his own name as if the same were due and payable and unpaid to such person. The syndicate shall indemnify such person against all costs and expenses properly incurred by him in respect of the action, and not recovered by him. [28K.] Financial statement . Not later than the thirty-first day of July in each year a syndicate shall forward to the Superintendent a copy of the annual statement of the receipts and expenditure for the year ended on the thirtieth day of June next preceding. 128L.] This Part not to affect other liability , &c. The provisions of this Part shall apply so as not to prejudice, affect, or otherwise howsoever derogate from any duty, obligation or liability imposed or imposable upon an owner under and in pursuance of section twenty-three or any other section of this Act or any provision thereof." 4. Repeal of s. 53. The Principal Act is amended by repealing section fifty-three.