Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936 (1 Edw Viii No. 8) (Qld)

15696 DINGOES AND MARSUPIALS. Stock Routes Irnprovernent, Etc., Act. 1 EDw. VIII. No. 8, DARNELL, JOHN, DECEASED, TRUSTS. See PART H. (TRUSTEES). DEBTS ADJUSTMENT (FARMERS' ASSISTANCE). See PruMARY PRODUCE. DINGOES AND MARSUPIALS. 1 EDW. VIII. An Act to Make Better Provision for the Adminis- T; :~ T~ CK tration and Improvement of Stock Routes, I~ ~ ~ ~ ~ ~ - for the Destruction of Animal and Vege- A~ ~ ~' ~ LA~ ~D table Pests, and for other purposes VEGETABLE DES~ : ~~ ION [ASSENTED TO 23RD OCTOBER, 1936.] ACT OF 1936. 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:- Short title ]. This Act may be cited as "The Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936." Interprets· 2. (1.) In this Act, unless the context otherwise tion. indicates, the following terms have the meanings set against them respectively, that is to say:- Cattle. "Cattle" includes horses and mules; Dingo. District. "Dingo"-A dingo or half-bred dingo, or any undomesticated dog generally known as a wild dog inhabiting the bush and apparently having no owner and being under no control; "District"-A district declared, or deemed to have been declared, under this Act; Holding. " Holding"-Any occupied country land, whether held in fee-simple or under lease, license, or otherwise;

DINGOES AND MARSUPIALS. 15697 1936. Stock Routes Improvement, Etc., Act. " Inspector"-An inspector appointed under and Inspector. for the purposes of this Act: the term includes a superintendent and also wh~re necessary any officer or person for the time being performing the functions of an inspector; "Joint Local Authority" - A Joint Local Joint Local Authority within the meaning of the Local Authority. Authorities Acts; "LocaIAuthoritiesActs"-*" The Local Authorities Local Acts 1902 to 1935 " (or any Act amending or Authorities I.n su' bstI·tut· IOn . ~ (.' or the sam. e) ; Acts. "Local Authority" - A Local Authority Local . constituted under the Local Authorities Acts: Authority. the term where necessary means and includes a Joint Local Authority constituted under the Local Authorities Acts: .the term also includes the Brisbane City Council constituted under t" The Oity of Brisbane Acts, 1924 to 1934": the term also includes the Commis- sion~ rwithin the meaning oft" The Irrigation Acts, 1922 to 1931" (or any Act amending or in substitution for the same) where pursuant to the said lastmentioned Acts he constitutes a Local Authority; H Manager"-The resident manager of a holding Manager the owner of which is not resident; " Marsupial "-Awallaby, kangaroo, wallaroo, Marsupial. paddamelon, bandicoot, or kangaroo rat; " l\ farsupial~proof" - used with reference to Marsupial- fencing-of such character as to prevent the proof. passage of dingoes and marsupials as herein defined; "Minister"-The Secretary for Public Lands or Minister. , other Minister of the Crown for the time being charged with the administration of this Act; "Noxious weeds" - Prickly-pear (Opuntia, Noxious various), zamia (Cycadaceous plants), desert weeds. poison bush (Gastrolobium gmndijlQrum) , * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 6t seq. t 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et seq. t 13 Geo. V. No. 29 and amending Acts, 8upra, pages 10218 et seq.

15698 Owner. Prescribed. Regulations. Resident. Scalp. Scalper. Statutory return. Stock. Stock route. Superinten. dent. DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8~ bathurst burr (Xanthium spinosum) , gal- vanised burr (Basia Birchii), noogoora burr (Xanthium strumarum) , 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 weed for the purposes of this Act, either in any particular district or distriots or throughout the State; " Owner"-The person for the time being entitled to possession of a holding or stock, as the case may be; "Prescribed"-Presoribed by this Act; "Regulations"-Regulations made under the authority of this Act; " Resident "-Resident in the district; "Scalp "- (a) With respeot 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 baok with the tail, (b) 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 of the destruction of dingoes and/or marsupials; "Statutorv return"-A return of stook made under u *" The Stodc Ret1.trns Acts, 1893 to 1935" (or any Act amending or in substitution for that Act) ; "Stock"-Cattle, sheep, horses, and mules; " Stock route"-Any road or route ordinarily used for the purpose of travelling stock or declared und~ r any Act to be a stock route; "Superintendent"-The district superintendent for a djstrict: the term includes a deputy district superintendent and also where necessary any officer or person for the time being performing the functions of a district superintendent; * 57 Vie. No. 10 and 26 Geo. V. No. 9, 8upra, pages 3277 and 155G7.

DINGOES AND :MARSUPIALS. 15699 1936. Stock Routes Improvement, Etc., Act. "This Act"-This Act and all regulations, This Act. Proclamations, Orders in Council, and orders made and issued thereunder; " TravellinCl' stock" - Stock, whilst under Travelling reason~ ble control, which are being travelled stock. or driven by land other than in the holding where they are ordinarily depastured; " Vermin"-A dingo, fox, rabbit, hare, marsupial Vennin. and any other noxious animal or bird which the Governor in Council may by Order in Council from time to time declare to be vermin under this Act. (2.) In this Act, unless the context otherwiseLand. ~ cts indicates, any terms not defined in the preceding ~ ~ : ~ ~ ~ ~ ~ 8 subsection shall respectively have the meanings set against them in section four of *"The Land Acts, 1910 to 1934." (3.) For the purposes of determining any matter Ratio of arising under this Act in cases where cattle and sheep are : ~ ~ : l~ to. being 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. (4.) When a holding is situated partly in one district ~oldings and partly in another or other districts, the holding ~ ~ t~ ~ ~ d shall for all purposes of this Act be deemed to be situated districts. wholly within the district in which the greater part of the holding is situated. 3. (1.) This Act shall be in force in such districts Operation. as the. Governor in Council shall from time to time of Act. declare by Order in Council: Provided that the Governor in Council may from time to time by Order in Council- (i.) Alter or amend the boundaries of any district; Districts. (ii.) Unite two or more districts into one district; (iii.) Divide a district into two or more districts; (iv.) Abolish a district: Provided further that- (a) Notwithstanding that the boundaries of a district are altered or amended or that two or more districts are united into one district * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et Beq.

15700 DINGOES AND MARSUPIALS. -- - -- ~- - -- - -- Stock Rotttes Irnp1'overnent, Etc., Act. 1 EDW. VIII. No. 8, or that a district is divided into two or more districts, this Act shall apply and continue to apply within such district as so altered or amended or within the district so formed by uniting two or more districts or within each of the districts so formed by dividing a district; (b) Upon the abolition of a district this Act shall cease to apply therein but without prejudice to the power of the Governor in Council to at any future time again declare that· such abolished district or any part thereof shall be a district within which this Act .shall be in force. Effect of (2.) *" The Local Authority (Grazing Districts doef cdlaisratrtiicotn; Improvement) Acts, 1930 to 1933," as amended by t" The Local Local Authorities Acts and Other Acts Amendment Act Ai( mduiptshrtoroivrciett· iee o tw f en1t9y3- 4si," x aonfd t s " ec T t h io e ns L tw oc e a n l ty-f A o u u t r h , or t i w tie e s nty-f A i c v t e s , a a n nd d ment). Other Acts Amendment Act of 1934," including the headnote to the said sections being the words " PART VI.-AMENDMENTS OF "THE LOCAL AUTHORITY (GRAZING DISTRICTS IMPROVEMENT) ACTS, 1930 TO 1933," " shall forthwith upon the coming into force of this Act in any district cease to apply in such district, and the exercise of the functions of "district improvement" as defined in t" The Grazing Districts Improvement Act of 1930" and §" The Local Authorities (Grazing Districts I mprovemenf) Act of 1933" shall in such district cease to be the functions of any Local Authority and shall become the functions of the Minister and exercisable by him under and in accordance with this Act, and to the intent that all the property, assets, powers, rights, functions, privileges, and other authorities, duties, liabilities, obligations, and jurisdiction had by or conferred or imposed upon any Local Authority under or pursuant to the said Acts or any of them shall so far as they relate to or concern such district without any transfer, * 21 Geo. V. No. 44 and 24 Geo. V. No. 29, 8upra, pages 12844 and 14560, t 25 Geo. V. No. 32, supra, page 15073. t 21 Geo. V. No. 44, supra, page 12844. § 24 Geo. V. No. 29, supra, page 14560. Title, sic in Gazette; 8emble " " The Local Authoritie8 (GrazirlfJ Districts Improvement) Transfer of Powers Act of 1933." "

DINGOES AND MARSUPIALS, 15701 1936. Stock Routes Improvement, Etc., Act. assignment, conveyance, or notice other than this Act be divested from any such Local Authority, and shall be vested in and shall attach to and may be enforced by and against the Minister, (3.) Sections ten to thirty-six inclusive, being Parts Rabbit Ill., IV., and V. of *" The Rabbit Act8, 1913 to 1930," and Boards. the headnotes to such Parts and also the Schedules to such Acts shall forthwith upon the coming into force of this Act in any district cease to apply in such district. Any portion of a Rabbit District existing at the passing of this Act (being any portion of the Rabbit District of Darling Downs or Leichhardt or Moreton) embraced within a district shall upon the coming into force of this Act in such dis~ rict be forthwith excluded from any such Rabbit District, and the Rabbit Board for any such district shall thereupon cease to exercise its powers and functions under *" The Rabbit Act8, 1913 to 1930," in any such portion: Provided that upon the inclusion of the whole of any such Rabbit District in a district or districts iu which this Act is declared to be in force, such Rabbit District and the Rabbit Board for that district shall be and be deemed to be abolished. All the property and other assets, powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction had by or conferred or imposed upon any Rabbit Board under or pursuant to the said Acts or any of them shall so far as they relate to or concern a district in which this Act is declared to come into force without any transfer, assignment, conveyance, or notice other than this Act be divested from any such Rabbit Board, and shall be vested in and shall attach to and may be enforced by and against the Minister. (4,) All regulations and/or by-laws made by a LocalRegulations A U thon 't y I . n pursuance 0 f 1 't S powers and authorl' tl' es and by-laws. under the Acts mentioned in subsection two of this section or any of them, and all by-laws made by a Rabbit Board in pursuance of its powers and authorities under the Acts mentioned in subsection three of this section or any of them, and in either case in force in any district upon the coming into force of this Act in such district ------------- * 4 Geo. V. Ko. 7 and amending Acts, supra, pages 5954 et scq. See Alphabeti~ al Table.

15702 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, shall be and continue in force in such district until the same or any of them are amended or superseded by regulations made under this Act; and the reference in any such regulation and/or by-law to a Local Authority or chairman or member thereof, or to a District Improvement Board or chairman or member thereof, or inspector, or officer, or employee, or to a Rabbit Board or chairman or member thereof, or inspector, or officer, or employee shall be and be deemed to be a reference to the Minister or, if the context so requires, a reference to an officer or employee of the Minister. No reviver (5.) Nothing in this Act contained shall revive the Rofacbebrittaionr Rabbit Districts of Carnarvon, Maranoa, Warrego, Dingo Mitchell, Gregory North, and Burke, or any of them, or DBoisatrrdicst.s or the Rabbit Boards for those districts or any of them (as constituted under *" The Rabbit Act of 1913 ") or any Dingo District or Dingo Board (as constituted under t" The Dingo and Marsupial Destruction Acts, 1918 to 1923 "). Accrued (6.) All penalties, assessments, fees, fines, forfeitures pa& sacsy.e, asbssItlI?el-. lents, aofndthIo • SthAecrt minonaenyys dwishtircihct uapreonduteh,eencfoomrcinegablien,toanfdo/rocer recoverable within or in relation to such district by a Local Authority pursuant to the Acts mentioned in subsection two of this section or any of them, or by a Rabbit Board pursuant to the Acts mentioned in sub- section three of this section or any of them, shall and may be in either case enforced and recovered by the Minister; and for the more effective enforcement and recovery of such penalties, assessments, fees, fines, forfeitures, and other moneys the Minister may also exercise any further powers and authorities contained in this Act dealing with enforcement and recovery thereof as if the same or any of them were incurred or had accrued under this Act. aPcotsiotns, &c. thing(s7.i)nAolrl ipnrorecleaetdioinngsto aanndy adlilstrwicotrklas, wfmulaltytehras,d aanndd done by and all licenses issued by any Local Authority pursuant to the Acts mentioned in subsection two of this section or any of them, or by a Rabbit Board pursuant to the Acts mentioned in subsection three of this section or any of them, shall in any such case, and * 4 Geo. V. No. 7, supra, page 5954. t 9 Geo. V. No. 15 and 14 Geo. V. No. 1, 8upra, pages 8463 and 10511.

DINGOES AND :i\fARSUPIALS. 15703 1936. Stock ROlltes Improvement, Etc., Act. notwithstanding the coming into force of this Act in such district, be and continue to be in full force and effect to all intents and purposes as if the same had been had, done, and issued by the Minister under and in accordance with this Act, and if the same are not completed may be continued and completed by the Minister. (S.) All actions and proceedings in or in relation Actions: to a district pending on the coming into force of this ~ ~ ~ ceedlllgs, Act in such district by or against any Local Authority pursuant to the Acts mentioned in subsection two of this section or any of them, or by or against a Rabbit Board pursuant to the Acts mentioned in subsection three of this section or any of them, may in either case, and notwithstanding the coming into force of this Act in such district, be carried on or prosecuted by or against the Minister, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in thi~ Act contained. (9.) The Governor in Council is hereby empowered Adjust. and authorised, and either before or after the comingments. into force of this Act in any district, from time to time by Order in Council to issue such orders and give such directions as will ensure the transfer to the Minister from a Local Authority so divested or to be divested as aforesaid of the powers and functions of district improve- ment, or from a Rabbit Board so divested or to be divested as aforesaid of its powers and functions under *" The Rabbit Acts, 1913 to 1930," of the assets and liabilities of such Local Authority or Rabbit Board, as the case may be, including where necessary such orders and directions as will ensure the determination, separation, and adjustment andlor apportionment of all such assets and liabilities as have been acquired or incurred by a Local Authority or a Rabbit Board pursuant to the Acts mentioned in subsections two and three of this Act or any of them: Provided that no assets and liabilities of a Local Authority other than such assets and liabilities as have been acquired or incurred by the Local Authority pursuant to the Acts mentioned in subsection two of this Act or any of them shall be so transferred. * 4 Geo. V. No. 7 and amending Acts, supra, pages 5954 et seq.

15704 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, When Rabbit Board may be preserved. (10. ) Notwithstanding anything to the contrary contained in this Act, the Governor in Council may in the Order in Council declaring this Act in force in any district further declare that the sections, Parts, headnotes, and Schedules of *" The Rabbit Acts, 1913 to 1930," mentioned in subsection three of this section shall continue to apply in such district and, if such Order in Council so declares, the said sections, Parts, headnotes, and Schedules shall, and notwithstanding the declaration in force of this Act in such district, continue to apply in the district declared by such Order in Council. Any portion of a Rabbit District existing at the passing of this Act (being any portion of the Rabbit DistriCt of Darling Downs or Leichhardt or Moreton) which is included in a district declared by an Order in Council which further declares that the said sections, Parts, headnotes, and Schedules of *" rPhe Rabbit Acts, 1913 to 1930," shall continue to apply in the district in which it declares this Act to be in force shall, notwith- standing the inclusion of such portion in the district so declared, continue to be included in such Rabbit District, and the Rabbit Board for the Rabbit District concerned shall continue to exercise its powers and functions under *" The Rabbit Acts, 1913 to 1930," in such portion. Subsections three to ten, both inclusive, of this section shall be read and construed subject to the provisions hereinbefore contained in this subsection: Provided that this subsection shall not limit or be deemed to limit the powers conferred upon the Governor in Council by this section, and the Governor in Council may in any Order in Council made pursuant to this section, or by an Order in Council made for that purpose, declare that the sections, Parts, headnotes, and Schedules of *" The Rabbit Acts, 1913 to 1930," hereinbefore referred to shall cease to apply in the district in which the application of same was continued, or in such part of the district in which the application of same was continued as is referred to in such Order in Council. Adminis- tration of Act. Administration. 4 .. (1.) The Minister shall be charged with the administration of this Act in every district. * 4 Geo. V. No. 7 and amending Acts, 8upra, pages 5954 et 8el[.

DINGOES AND MARSUPIALS. ~ - - - ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - 1936. Stock Routes Improvement, Etc., Act. 15705 . ,(2.) The Governor in Council may from time to superm'te' n. tIme appoint a General Superintendent and such and so dents and many superintendents, inspectors, and other officers as officers. may be necessary for carrying this Act into effect, and may assign a district or districts to any such superintendent. (3.) Every Land Commissioner, land agent, and land ranger shall ex officio be an inspector for the purposes of this Act. (4.) Every superintendent, inspector, or other officer shall have and may exercise and perform such powers, rights, authorities, jurisdiction, and duties as are conferred upon or vested in or imposed upon him under this Act. (5.) The Minister may from time to time delegate to the General Superintendent any of the powers, authorities, and jurisdiction conferred upon him by this Act, and moreover the General Superintendent shall exercise and perform all such other powers, authorities, and jurisdiction as may be prescribed. Arty such delegation may be revoked or amended. by the Minister, and no such delegation shall prevent the exercise of any power, authority, or jurisdiction by the Minister. 5. For the purposes of this Act the Minister shall Minister to oreffpiCreI.as, I enntamthee. Crown and may sue and be sued in his trehePrcersoewntn. 6. Every Rabbit Board divested or proposed to be Rabbit divested of its powers and functions under *" The Rabbit Boards and Acts, 1913 to 1930," or whose Rabbit District or~ ~ ~~ ~ rities any portion thereof is included or is to be included to furnish I,n a ( l 1 ' 8 t rI.Ct ' ill W hI' Ch th' IS A C tI' S"In or IS proposed t 0 dtoesMcrmipltsiotenr come into force, and every Local Authority divested or of property. to be divested of the functions of district improvement, &0. and either in the whole or any part of its area, shall upon the request of the Minister furnish to him a full description of all property, real and personal, in the possession of the Board, or of the Local Authority so far as relates to district improvement, together with such balance-sheets and statements of receipts and ,. 4 Geo, V. No. 7 and amending Acts, supra, pages 595·1 et 881.

15706 DINGOES AND MARSUPIALS. ------------- Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8. expenditure and of amounts owing to the Board, or to the Local Authority so far as relates to district improvement, as may be necessary. Every Board and every Local Authority shall hold all such property at the disposal of the Minister and give immediate effect to his instructions relating thereto; Powers and Duties of Minister. General 7. (I.) Subject to this Act, the Minister shall have po~ ers and and may exercise the following powers, functions; ~ ~~ fs~ e~ ~ the responsibilities and duties, that is to say!- (i.) The collection of revenue and control of expenditure under this Act; (ii.) The appointment of employees or workmen for the purposes of this Act, and the discontinuance of the services or dismissal of all or any of them; (iii.) The control and improvement of stock routes and reserves for travelling stock in a district, including- (a) The determination as to whether particular stock routes should be fenced in or fenced out of holdings, (b) The prevention of the eating-out of stock routes whether fenced or unfenced, (c) The enforcement on owners of the eradication of noxious weeds on roads, reserves, and stock routes which are fenced in with holdings to such an extent as is in the opinion of the Minister reasonable and economically possible, (d) The eradication of noxious weeds on reserves and stock routes that are not leased or fenced in with holdings, (e) The improving, ringbarking, and watering of stock routes and reserves, (f) Subject to the laws and regulations affecting travelling stock, the control and super- vision of the movements of travelling stock,

DINGOES AND MARSUPIALS. 1936. Stock Routes Improvement, Etc., Act. (g) Subject to the approval of the Governor in Council, the determination as to whether or not a travelling stock rate should be imposed on travelling stock, and, if such charge is imposed the determination of the rate thereof; (iv.) The direction and control of dingo destruction within a district, including- (a) The determination as to whether. bonuses should be paid for the destruction of dingoes or other vermin, or whether activities in this direction should be limited to poisoning, (b) The destruction of dingoes on vacant Crown lands, and on any other lands on which such action is considered desirable in the public interests, (c) The determination as to whether a cattle lessee has made default in taking reasonable steps to poison dingoes on his holding, and, if so, the carrying out of such work at his expense, (d) The sale of poison to landholders for the destruction of dingoes or other vermin ; (v.) The direction and control of rabbit destruction and supervision of the maintenance of rabbit fences except in that portion of the district in which a Rabbit Board continues to exercise its powers and functions under *" The Rabbit Acts, 1913 to 1930" ; (vi.) The extirpation and destruction of noxious weeds; (vii.) The direction and control of the destruction of any vermin which is considered by the Minister to be harmful to the district ; (viii.) Generally the power and responsibility of carrying the provisions of this Act into execution, and of effecting all matters and things necessary for the administration of this Act. * 4 Geo. V. No. 7 and amending Acts, supra, pages 5954 et seg. 15707

15708 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, Regulations. (2.) The Governor in Council may from time to time make all such regulations as may be necessary or expedient to give full effect to the objects and purposes of this section, including the control and management of water facilities provided on stock routes and the rates and charges payable for the use thereof. Provisions as to Stock Routes. Certain roads 8. Notwithstanding anything contained in the : ~ t: ! O; l~ ced Lo~ al Authorities Acts or any other Act, any road under ordmarily used for the purpose of travelling stock, ~ ~ 1~ ~ ! ; f or declared under this Act or any other Act to be a stock route, shall for the purposes of this Act be under the control of the Minister. Agreements 9. The Minister may enter into an agreement with : tj~ining the owner or lessee of any land intersected by or abutting owners re on a stock route or reserve set apart for the benefit of f: ~ ! ~ ~ ies travelling stock with the object of providing water for for travelling the use of such travelling stock or in regard to the care stock. and upkeep of any equipment or appliance necessary for the watering of such travelling stock or in regard to the use of the water provided. The cost of any water improvement, equipment, or appliance the subject of such an agreement may be divided between the owner or lessee and the Minister in such proportions as may be agreed upon, or may be borne solely by the Minister or solely by the owner or lessee of the land. For the purposes of this section the Minister, by agreement with the owner or lessee of the land, may make or contribute towards the cost of a water improvement with necessary equipment or appliance on land inter- sected by or abutting on a stock route, in which case ownership in such water improvement, equipment, or appliances shall be vested in the Crqwn and such owner or lessee in proportion to the amounts of their respective contributions, whether of money, material, or labour, to such cost. In like manner the Minister may enter into an agreement with any such owner or lessee as aforesaid in regard to the construction, use, or maintenance of any dip or other improvement, and for this purpose all the provisions of this section shall, mutatis mutandis, apply.

DINGOES AND MARSUPIALS. 15709 1936. Stock Routes Improvement, Etc., Act. -- - - - - - - -- - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Every such agreement shall be registered in the Department of Public Lands and shall be binding on such owner or lessee and his successors in title. 10. All stock other than bona fide travelling stock Stl'aymg found depasturing without the authority of the super- stock may ba intendent on a stock route which is fenced on both sides, ~ ~ ~r~ ;ed. or on a reserve under the control of the Minister and which is separated from adjoining land by a stock-proof fence, may be seized and taken possession of by any superintendent or inspector or by any officer employed by the Department of Public Lands.. Upon payment of such fees and charges as may be prescribed seized stock shall 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 established under this Act: Provided that 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 district, and the amount offered for any such cattle or horses does not reach ten shillings in the case of any horse or beast, such horse or beast may be forthwith destroyed by order of the superintendent, and no claim for compensation shall lie against the Minister or against any person responsible for the destruction of such horse or beast. 11. (1.) When a stock route is fenced in or enclosed Stock routes with a holding or part of a holding thereby making a henocldl?msegds with stock-route paddock, such stock-route paddock shall not must nol be .be deliberately overstocked, in comparison with the other overstocked. paddocks of the holding, by the owner. (2.) For the purposes of this section, the superin- Stock may tendent may cause to be served upon the owner or occupier be mustered. of any holding a notice in writing requiring such owner or occupier to forthwith muster the stock depastured upon the land. If such owner or occupier fails to immediately comply with the requirements of the notice, any person authorised by the superintendent may with or without assistants forthwith enter upon the holding and muster the stock for the purpose of ascertaining whether or not the stock-route paddock is overstocked.

15710 Penalty. DINGOES AND MARSUPIALS. Stock Rotltes Improvement, Etc., Act. 1 EDw. VIII. No. 8, (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 in the stock-route paddock in excess of the fair stocking capacity of such paddock. The penalty hereby provided may be enforced by the superintendent by complaint against the owner or manager of a holding before a police magistrate or two justices of the peace or by action in the name of the Minister or any person authorised by him 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 plaintiff award him such maximum amount or any lesser amount being not less than the minimum penalty herein provided as to it shall seem just. Power to order erection of fence. Provisions as to Netting Fences. 12. (1.) The Minister may from time to time by order direct that a fence shall be erected from one specified place to another specified place along a specified route. (2.) When such an order is made the owner 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 is within his own holding a good and substantial fence of such construction as may be prescribed and capable of supporting wire netting stretched upon it, and shall thereafter maintain such fence in good order: 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. Every such owner shall be entitled to receive from the Minister 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.

DINGOES AND MARSUPIALS. 15711 1936. Stock Routes Improvement, Etc., Act. The amount which any other owner 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 enforced in the same manner in which an assess- ment may be recovered and payment thereof enforced. (3.) If an owner does not forthwith erect such aP~ w: erof fence, or after it is erected fails to maintain it in good i! ~ ~ : . ter to 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 persons liable to contribute to such cost, and payment thereof may be enforced by the Minister in the same manner as an assessment may be recovered and payment thereof enforced. 13. (1.) Owners of holdings shall be liable to qontribu- contribute to the cost of the erection and maintenance of~ ~ ~ : : som every such fence in manner following, that is to say;- benefited. (i.) The owner 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 owner by the erection of such fence; (ii.) The owners of the holdings on either side of such route upon the boundaries whereof such fence or any part thereof is erected shall each of them 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 i5uch owner by the erection of such fence; (iii.) The remainder of the cost (if any) of the erection and maintenance of such fence shall be borne by the owners of the holdings within the district which in the opinion of the Minister are thereby protected from the incursion of rabbits, or dingoes, or both rabbits and dingoes, and the total amount contributable under this sub- section shall be borne by the owners liable to contribute thereto in proportion to such part of their respective

15712 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, holdings as in the opinion of the Minister is benefited or protected as aforesaid, and the amounts of their respective contributions .shall be apportioned by the Minister. (2.) If any owner of a holding is dissatisfied with the determination of the Minister as to the benefit or protection afforded by such fence to such holding or any part thereof, he may within thirty days after notice of the Minister's determination appeal therefrom to the Land Court, which shall hear and consider the matter and confirm, vary, or reverse such determination. But the Land Court shall not vary or reverse any such determination until after notice to the Minister and hearing the reasons alleged by the Minister in support of his determination. For the purposes of any such appeals 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, 1910 to 1934." The decision of the Land Court shall not be subject to appeal. (3.) t" The Fencing Act of 1861" and t" The Fencing Act of 1861 Extension Act of 1897" shall not apply to fences erected by order of the Minister under the last preceding section of this Act. Power ~ o 14. The Minister may cause to be affixed and kept ~ : ~ : : ~ c. affixed to any fence, whether it was erected by the to fenc~ s. 'Minister or not, wire netting for the purpose of preventing the incursion or migration of rabbits or dingoes or both rabbits and dingoes. Joining 15. (1.) Except by the permIsslOn of the ~ : ~ ~ i~ - ~~ oof Minister, ~ t shall not be lawf"?-l to join any fence on to or marsupial- any rabbIt-proof or marsupIal-proof fence under the proof fences. control of the Minister. . 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 such and so many * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. t 25 Vie. No. 12, supra, page 753. t 61 Vie. No. 9, supra, page 757.

DINGOES AND MARSUPIALS. 15713 ]936. Stock Routes Improvement, Etc., Act. gates for the use of inspectors and other officers as the superintendent requires; and every such condition shall be observed so long as such fence remains joined on to such rabbit-proof or marsupial-proof fence. (2.) Except by the permission of the superintendent, it shall not be lawful to place or fix or cause or permit to be placed or fixed on or against any rabbit-proof fence or marsupial-proof fence any thing of what kind soever which mayor may be likely to enable rabbits or dingoes to cross through or over such fence. (3.) If any owner of a holding joins any fence on to any rabbit-proof or marsupial-proof fence which has been or may hereafter be erected by any person other than the Minister, he shall erect in his fence so joined to the rabbit-proof or marsupial-proof fence suitable gates so as to permit of free passage along the course of the rabbit-proof or marsupial-proof fence; and every such gate shall be maintained so long as such fence remains joined on to the rabbit-proof or marsupial- proof fence. (4.) Any person who by any act or omission contra- venes this section shall be liable to a penalty not exceeding one hundred pounds. 16. When an owner of a holding uses for the Use of fence purpose of enclosing his holding with a rabbit-proof or vested in marsupial-proof fence any rabbit-proof or marsupial- Crown. proof fence 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 fence in a rabbit-proof or marsupial-proof condition, as the case may be, and shall also pay to the Crown interest upon the value, as determined by the Land Court, of the wire netting on such fence at the rate of five pounds per centum per annum so long as he has the benefit of such fence. 17. (1.) Where the Minister considers it necessary Fencing for the proper protection or improvement of a reserve reserves. for the use of travelling stock or a camping reserve or of a stock route- (a) That a stock-proof boundary fence should be Stock.proof erected, the Minister may by notice in fence. writing require the owner of any adjoining

15714 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDW. VIII. No. 8, Rabbit.proof and marsupial. proof fence. 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. If such owner fails to erect or complete the erection of such fence within such period the Minister may erect or complete such fence; and if such owner fails to maintain in a state of good repair such fence when erected, and either by the Minister or himself, the Minister may so maintain such fence. Any costs incurred by the Minister in doing such act as aforesaid may be recovered from such owner by action in any court of competent jurisdiction; (b) That a fence on any boundary of a reserve for the use of travelling stock or of a camping reserve or of a stock route should be made rabbit-proof or marsupial-proof, the Minister may by notice in writing require the owner of the land adjoining such boundary within a period therein specified to make such fence rabbit-proof or marsupial-proof, and upon completion of the work the Minister shall pay to the owner in all such cases one-half of the cost thereof. If any owner fails within the period so specified to comply with any such notice, the Minister may cause to be done any work necessary to make the fence rabbit-proof or marsupial-proof, and may recover half the cost thereof in all such cases from such owner. The owner and the Minister shall each pay half the cost of the maintenance and repair of such fence. If an owner and the Minister fail to agree in regard to the cost of such maintenance and repair, the amount shall be determined by the Land Court upon application by either party. (2.) The provisions of this section shall not apply to the holder of an occupation license or of any lease from the Crown having less than five years to run at the date of the service of the notice.

DINGOES AND MARSUPIALS. 15715 1936. Stock Routes Improvement, Etc., Act. IS. (1.) Any person who without the sanction of Destruction the superl.nt endent cut s, break s, I.D.Jures, or dest roys of fences. any fence to which wire netting is affixed, or any wire netting affixed to a fence, shall be liable to a penalty not exceeding two hundred pounds. (2.) Any person who wilfully or negligently leaves Leaving open a gate in a rabbit-proof or marsupial- proof~ ~ n gates, fence, or causes any stock to be confined, encamped, or shut in against any such fence so as necessarily to be or remain in close proximity thereto, or removes, opens, or in any way tampers with any flood-gate or other barrier shall be liable to a penalty not exceeding two hundred pounds. 19. The superintendent with the approval of the General Minister may authorise any person to enter upon any powers. 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, or repair a fence; (ii.) Improve an existing fence, or affix WIre netting to an existing fence; (iii.) Search for and destroy rabbits; (iv.) Search for and destroy dingoes; (v.) Search for and destroy vermin ; (vi.) Destroy noxious weeds. Any person so authorised may enter upon the land with or without assistants and may take such means as appear to him expedient for doing any of such things as aforesaid. Extirpation and Destruction of Noxious Weeds. 20. For the purpose of the extirpation and Extirpation destruction of noxious weeds within the meaning of~~~ ruction this Act, the Minister shall have and may exercise in a of noxious district all or any of the powers, functions, authorities, weeds. and jurisdiction conferred upon a Local Authority by Subdivision XV. of Part VI. of the Local Authorities Acts in respect of the extirpation and destruction of noxious weeds and plants, and all of the provisions of the said Subdivision XV. relating thereto shall subject as hereinafter provided, m1.liatis mutandis, apply and extend accordingly, and to the intent that the reference

15716 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDW. VIII. No. 8, in such Subdivision to a Local Authority or to the Minister within the meaning of the Local Authorities Acts or to any other person shall be and be deemed to be a reference to the Minister or, if the context so requires, a reference to an officer or employee of or person authorised by the Minister: Provided that the notice to be served upon the occupier or person in charge of any land infested with noxious weeds, or if there is no occupier or person in charge npon the owner, requiring him to extirpate and destroy the noxious weeds may be so served by publishing such notice under the hand of the Minister addressed to the person concerned in some newspaper generally circulating within the locality in which such land is situated. Forthwith upon the coming into force of this Act in any district, every Local Authority shall in respect of any part of its area included in such district cease to exercise the powers and duties conferred upon Local Authorities by the said Subdivision XV. in relation to the extirpation and destruction of all such weeds and plants as are noxious weeds within the meaning of this Act, and to the intent that within such part of the area of the Local Authority so included in such district- (a) Any weed or plant which is a noxious weed within the meaning of this Act shall cease to be a noxious weed or plant within the meaning of the Local Authorities Acts; and (b) No weed or plant which is a noxious weed within the meaning of this Act shall thereafter be declared either by notification in the Gazette or by by-law to be a noxious weed or plant within the meaning of the Local Authorities Acts. The Governor in Council may from time to time make all such regulations as may be necessary or expedient to give full effect to the objects and purposes of this section. Such regulations may be in addition to or amendment of or substitution for all or anv of the provisions of the said Subdivision XV. of Pa~t VI. of the Local Authorities Acts relating to the extirpation or destruction of noxious weeds or plants.

DINGOES AND MARSUPIALS. 1936. Stock Routes Improvement, Etc., Act. Where there is in a district a reserve for public purposes which is vested in a Local Authority such Local Authority shall for all of the purposes of this section be and be deemed to be the occupier of such reserve. 15717 De8truction of Pe8t8. 21. (1.) The Minister may cause to be served upon Noti~ ~ the owner or occupier of any holding a notice in writing : ; : s~ ! to requiring such owner or occupier to forthwith take be take~ for effective measures for the destruction of rabbits, or~ ; s; ~ ~ ~ ~ ~ ~ n dingoes, or other vermin upon his holding. oorr doitnhgeores: vermin. (2.) If such owner for a period of thirty days after Default. the service of such notice fails to comply with the requirements thereof- (a) He shall be liable to a penalty not exceeding one hundred pounds; And whether he has been convicted or not- (b) The superintendent with the approval of the Minister may authorise any person with or without assistants to enter upon the holding and take all such measures and do all such things as to them may appear expedient for the purpose of ensuring the destruction of rabbits, or dingoes, or other vermin upon the holding. Any person so authorised may enter and remain upon the holding with or without assistants and may take any such measures and do any such things as aforesaid during sych period as in the superintendent's opinion is necessary for such purpose. (3.) If after the expiration of such period of thirty Postpone- days the person so authorised is satisfied that such ment of owner I . S dO' lng a11 such acts, mat ters, and thm' gs as ewnittrhydroarwal. are necessary for the destruction of rabbits, or dingoes, or other vermin upon the holding, such person may from time to time postpone entering upon the holding, Jr in the event of his having entered may withdraw ~ herefrom upon the owner paying all costs, charges, and expenses incurred by such person up to the time of such withdrawal.

15718 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. Ko. 8, cRchoeasctrosg, vees,ryanodf any (4c. o)stWs, hecrheargaensy, poerrseoxnpesonseasuthinorisseeadrchhains ginfcourrreodr expenses. destroying rabbits, or dingoes, or other vermin found upon the holding, the amount of all such costs, charges, and expenses shall be recoverable from the owner, and payment thereof may be enforced by the superintendent by complaint in a summary way or by action in any court of competent jurisdiction, Liability of owner or occupier to destroy noxious weeds and vennin en enclosed roads and reserves. 22. (1.) When any stock route, road, or reserve adjoins or is within the boundaries of a holding and is not fenced out of the holding it shall be the duty of the owner or occupier of the holding to destroy all noxious weeds and vermm on such stock route, road, or reserve. (2.) When the boundary of a holding js a water- course it shall be the duty of the owner or occupier of the holding bounded by such watercourse to d~ stroy all noxious weeds and vermin between the boundary of the holding and the centre of such watercourse. Notice (3.) (i.) The Minister may cause to be served upon mreeqausiurirnegs to the owner or occupier referred to in subsections one or be taken for two a notice in writing requiring such owner or occupier dofesntoruxciotiuosn to forthwith take effective measures for the destruction weeds and of all noxious weeds and vermin as referred to in the said vermin. subsections. Default. (ii.) If such owner or occupier for a period of ten days after the service of such notice fails to comply with the requirements thereof- (a) He shall be liable to a penalty not exceeding one hundred pounds; And whether he has been convicted or not- (b) The superintendent with the approval of the Minister may authorise any person with or without assistants to enter upon the stock route, road, or reserve and take all such measures and do all such things as to them may appear expedient for the purpose of ensuring the destruction of noxious weeds and vermin as set forth in the said subsections one and two.

DINGOES AND MARSUPIALS. 15719 1936. Stock R01des Improvement, Etc., Act. Any person so authorised may enter and remain upon the stock route, road, or reserve with or without assistants and may take any such measures and do any such things as aforesaid during such period as in the superintendent's opinion are necessary for such purpose. (4.) If after the expiration of such period of ten Postpone. days the person so authorised is satisfied that such ment of owner I.S dO' lng a11 such acts, matters, and th' Ings as are ewnittrhvdroarwal. necessary for the destruction of noxious weeds and vermin (as referred to in the aforesaid subsections) upon the stock route, road, or reserve, such person may from time to time postpone entering upon the stock route, road, or reserve, or in the event of his having entered may withdraw therefrom upon the owner or occupier paying all costs, charges, and expenses incurred by such person up to the tjme of such withdrawal. (5.) Where any person so authorised has incurred Recovery of any costs, charges, or expenses in destroying noxious costs, weeds and vermin (as referred to in the aforesaid ~ ~ ~ : ~ ~ ~ s~ nd subsections) upon the stock route, road, or reserve the amount of all such costs, charges, and expenses shall be recoverable from the owner of the abovementioned holding, and payment thereof may be enforced by the superintendent by complaint in a summary way or by action in any court of competent jurisdiction. 23. (1.) Every owner and every occupier of any Duty of land shall at all times and at his own cost and expense ~ ~ ;fer~ ~ ~ destroy dingoes upon such land. d~stroy dmgoes. (2.) The owner or occupier shall at such times as Statement may be required furnish to the superintendent a signed :f~ ~ ~ ath8 statement on the prescribed form under the *" Oaths su~ pI~ ed~ Act of 1867" setting out the action taken by him to destroy dingoes and the measures intended to be taken during the ensuing year. 24. (1.) In order to better provide for the Simnlta- . S.lmUItaneous destructl. On 0 f dm' goos, every owner and nfoerons periOd every occupier of any land shall, during the months of dest:rnction May, June, and July, take effective measures for the of dmgoes. destruction of dingoes by laying pOiSOH baits on land infested with dingoes. * 31 Vie. No. 12: Statutes, page 2281. C

15720 DINGOES A i MARSUPIALS. Stock Routes Improverl~ ent, Etc., Act. 1 EDw. VIII. No. 8, (2.) Nothing in this ~ ection shall be construed to imply that the destruction of dingoes shall not be proceeded with and enfoIlced during the remain'"der of the year, or that a not~ ce under section twenty-one may not be given during ~uch simultaneous destruction months. (3.) The Minister may from time to time by notice published in the Gazette :p.x a period or periods other than the period referred to in subsection one hereof for the simultaneous destrudtion of dingoes within· any district or part thereof p~ ovided that such substituted period shall not exceed t4ree months in the aggregate. Such substituted period or periods may be within or outside, either wholly ·ot partially, the said period referred to in subsection rne hereof. (4.) Upon the publication of a notice under sub- section three hereof, the ~ ubstituted period or periods fixed by such notice for ithe simultaneous destruction of dingoes within the distI\ict or area therein mentioned shall be deemed to be the siimultaneous dingo destruction months for such district or area, and the provisions of this Act in their application to the said district shall be read and construed accordingly. Penalty for 25. The owner or I occupier who during the doewfnaeurltobr y simultaneous dingo destrudtion months in any year does occupier. not take effective measures for the destruction of dingoes as required by this Act shall be liable to a penalty not exceeding one hundred pounds. . Onus of proof. 26. Where an owner or occupier is charged with an offence under section twenty-three or section twenty- four of this Act the averments contained in the information shall be deemed to be proved in the absence of proof to the contrary. Laring of 27. For the purpose of the destruction of rabbits ~ ~ ~~: ~ ~ d or dingoes it shall be lawful for any person authorised t~ ap~ outside by a superintendent to lay poison or set traps on dlstnct. any CrownI dan s or a £ er t g ' Ivm . g seven days no t' ICe t 0 the owner or occupier· thereof on any holding whether or not such land or holding is within a district. Cyanide of 28. (1.) It shall not be lawful to use cyanide of ~~ : a: i~ : potassium for the destruction of dingoes or marsupials. used or kept. (2.) It shall not be lawful for any scalper to keep or store or have in possession any cyanide of potassium.

DINGOES AND MARSUPIALS. 15721 1936. Stock Routes Improvement, Etc., Act. (3.) Any person who is guilty of a contravention of this section shall be liable to a penalty not exceeding twenty pounds. 29. No person shall keep or have in his possession Dingoes or ionr £ o , orx: upon any premises whatsoever any live dingo cfoaxpEltfI!v ~ Ity. Provided that any person who has first obtained the written permission of the Minister in that behalf may keep or have in his possession a live dingo or fox for zoological purposes on such premises for such period and under such conditions as may be specified in such permission. 30. Subject to this Act, the Minister may pay Bonus f~ r such sums by way of bonus for the destruction of vermin ~ ; s; = ~ ~ at such rate as may from time to time be determined, and the rates so determined shall be published in the Gazette. 31. (1.) Subject to this Act, no person shall be Destr.uction entitled to destroy dingoes or marsupials on a holding ~ ~ ~ ~ ~ ts. unless he holds a subsisting permit as a scalper : Provided that- (a) Nothing herein shall be construed to prevent the owner or manager of any holding, or any employee of such owner or manager, or any person who has the authority 'of such owner or manager from destroying dingoes or marsupials upon such holding without such permit; (b) No permit for dingo destruction shall be issued Issue.of in respect of any holding which in the opinion permIts. of the Minister on the recommendation of the superintendent is fenced with effective dog-proof fencing. (2.) Every person who desires to become a scalper shall register his name and place of residence with the superintendent. The superintendent may thereupon issue to such person a written permit in that behalf, which shall remain in force for the current year but may be renewed from year to year.

15722 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, If the superintendent refuses to issue such permit the applicant may appeal from the decision to a police magistrate or any two justices sitting in petty sessions on giving to the superintendent 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 current year. Holdings covered by permit. (3.) The superintendent shall endorse on every such permit issued by him the name or names (or other sufficient description) of the holding or holdings on which for the time being the scalper desires to carry on his occupation and, in cases referred to in paragraph (b) of the proviso to subsection one hereof, the necessary limitation of the permit. If the scalper desires to carry on his occupation on any other holding or holdings he shall make a written application to the superintendent to that effect and shall lodge therewith his permit, and the superintendent shall amend the endorsement upon the permit accordingly; and such amendments shall 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. Entry by scalper. (4.) Save as hereinafter mentioned, every scalper shall have authority by virtue of his permit, after such notice to the owner as the superintendent 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 superintend- ent may deem necessary, and remain thereon as long as is necessary for the purposes of his occupation and destroy thereon dingoes and marsupials. Any person who obstructs a scalper from so entering or remaining upon any such holding or from destroying dingoes or marsupials thereon shall be liable to a penalty not exceeding ten pounds.

DINGOES AND MARSUPIALS. 15723 1936. Stock Routes Improvement, Etc., Act. 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 or manager of the holding concerned shall produce his permit. (5.) Unless otherwise provided for or in or pursuant Skins of to this Act all skins of dingoes and marsupials obtained dingoes,and by a scalper under such permit shall be the property of marsupIals, such scalper. (6.) A scalper shall not- Offences by scalpers. (a) Without the consent of the owner 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; (b) Without the consent of the owner or manager enter upon or carry on his occupation upon any paddock exempted as herein provided. For the purposes of this provision every owner or manager of a holding, upon notice in writing to the superintendent describing the paddock or paddocks in question and stating the particular use to which the same are being put, shall 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; (c) Without the consent of the owner or manager, camp within a distance of two hundred yards from any dam, tank, bore-stream, spring, or waterhole used on any holding for the watering of stock. Any scalper who acts in contravention of any of the foregoing provisions shall be liable to a penalty not exceeding ten pounds. (7.) If a superintendent is satisfied that a holder Suspension of a permit has failed to comply with any material~ ! cellatio provision of this Act or is not bona fide exercising his of ~ ermit. n rights under such permit or is guilty of any wrongdoing under such permit, he may suspend or cancel such permit subject to an appeal from the decision of the superintend- ent to a police magistrate or any two justices sitting in

15724 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 Enw. VIII. No. 8, 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. Ministermay (8.) The Minister whenever he thinks it necessary = f; ~ rs. so to do may employ scalpers holding permits as aforesaid and pay to them such wages and allowances as he thinks proper. All skins of dingoes and marsupials obtained by such scalpers shall be the property of the Crown and shall be dealt with as the superintendent thinks proper. Permits to 32. Any member of the Police Force may require be produced. any scalper to produce his permit for inspection; and if such scalper, without reasonable excuse the. proof of which shall be upon him, fails so to produce his permit he shall be liable to a penalty not exceeding five pounds. Establish. mentof Fund. Financial Provisions. 33. (1.) There shall be kept at the Treasury a Fund to be called "The Stock Routes Improvement and Animal and Vegetable Pests Destruction Fund," herein referred to as " the Fund." (2.) Into the Fund shall be paid- (i.) The amount remaining unexpended at the commencement of this Act out of the moneys received by the Crown in pursuance of the provisions of sections five and six of *" The Grazing Districts Improvement Act of 1930," together with any further sums which may be received by the Crown from time to time from the sale of assets vested in the Crown by the said sections ; (ii.) All moneys received by the Crown pursuant to the provisions of section three of this Act or from the sale of assets vested in the Crown by the said sections; (ill.) All moneys received by the Crown under this Act; * 21 Geo. V. No. 44, supra, page 12844.

DINGOES AND MARSUPIALS. 1936. Stock Routes Improvement, Etc., Act. (iv.) Such sum or sums which may be diverted from the Consolidated Revenue Fund or from any loan or trust fund established under any Act, as may from time to time be determined by the Governor in Council and paid into the Fund, and any such diversion is hereby authorised and approved accordingly. (3.) The Fund shall be used for all or any of the purposes following and not otherwise, that is to say- (i.) Defraying the necessary expenses of the administration of this Act; (ii.) Defraying the cost of the erection, completion, improvement, or maintenance of rabbit-proof fences or marsupial-proof fences or rabbit- proof and marsupial-proof fences as a protection to a district or districts; (iii.) Defraying the cost of the destruction of rabbits; (iv.) Defraying the cost of the destruction of dingoes and other animal pests, or the payment of bonuses for scalps of such dingoes or other animal pests; (v.) Defraying the cost of the destruction of any vermin; (vi.) Defraying the cost of the destruction of noxious weeds; (vii.) Defraying the cost of clearing scrub, ring- barking and suckering, fencing, providing water on and otherwise improving stock routes and reserves ~ (viii.) Defraying the cost of any works or measures for the improvement of a district which may be approved by the Governor in Council ; (ix.) Defraying the cost of purchase or manufacture of poison, poison baits, or any other article or material for sale or free distribution to owners to assist them in the destruction of noxious weeds or vermin ; 15725

15726 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, (x.) Payment of any outstanding liabilities of Rabbit Boards, Dingo Boards, or Local Authorities attached to the Crown by section three of this Act or section six of *" The Grazing Districts Improvement Act of 1930" ; (xi.) Towards the repayment to the Treasurer of any moneys advanced by the Treasurer together with interest thereon as fixed by the Treasurer, the making of which advances and the fixing of the interest thereon is hereby authorised. Methods of raising revenue. 34. For the purpose of obtaining revenue to assist in carrying out this Act the Minister may in any district, subject as hereinafter provided, raise funds by- (a) An assessment on stock; and/or (b) The issue of a precept upon the Local Authorities whose areas or part of whose areas are in the district concerned. Assessments on stock. 35. Where funds are to be raised in any district by an assessment on stock the following provisions shall apply, namely:- (1.) (a) The Minister may in each year make and levy an assessment not exceeding six shillings on every thirty head of cattle or one hundred sheep or propor- tionate number of cattle and sheep depastured within such district. Second (b) The Minister may levy a second assessment i a n ssoensesmyeenart. during any year after an interval of not less than six months from the date of levying the previous assessment: Provided that the amount of a second assessment within anyone year shall not together with the first exceed the sum of six shillings for every thirty head of cattle and six shillings for everyone hundred sheep or a proportionate number of cattle and sheep. Liability for (2.) Every assessment shall be paid by each owner assessment. upon the number of stock depastured by him within the district as appears by the return or supplementary return of horses, cattle, and sheep under t" The Stock * 21 Geo. V. No. 44, supra, page 12844. t 57 Vie. No. lO and 26 Geo. V. No. 9, supra, pages 3277 and 15597.

DINGOES AND MARSUPIALS. 15727 1936. Stock Rontes Improvement, Etc., Act. Returns Acts, 1893 to 1935," last published by the Government Statistician before the date of the notifica- tion in the Gazette of the making and rate of the assessment: Provided that no assessment shall be payable by an owner of less than thirty head of cattle or one hundred sheep or a proportionate number of cattle and sheep. (3.) Notwithstanding the provisions of subsection one hereof, when stock ordinarily depastured on a holding within a district are temporarily depastured on land outside the boundaries of such district, assessment shall be paid by the owner of the stock for the district in which the holding is situated, and for the purposes of this section such stock shall be deemed to be depastured on such holding. (4.) In the case of unstocked or partly stocked land the Minister may assess it according to its carrying capacity. Such carrying capacity shall be determined by the Minister, but the person liable to pay assessment on such land may within fourteen days of receipt of notice of the Minister's determination, and on payment of the amount of the assessment, appeal from such determination to the Land Court, whereupon the Land Court shall determine the carrying capacity of the land for the purpose of this section. For the purposes of any such appeals 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, 1910 to 1934." The decision of the Land Court shall not be subject to appeal. (5.) The owner of any holding, which by itself orPartial. with other holdings is entirely enclosed with netting ~ : : : ptlOn fences, whether rabbit-netting or marsupial-netting or assessment. both rabbit-netting and marsupial-netting, may before the thirtieth day of June in any year apply to the Minister for a certificate that his holding is effectively protected from the encroachment of rabbits or dingoes or both rabbits and dingoes, as the case may be. The Minister, if he is satisfied that the netting fence forming the enclosure constitutes an effective barrier to rabbits, or dingoes, or both rabbits and dingoes, as the case may be, shall issue a certificate accordingly to the owner of the holding. * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

15728 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, On the issue of such certificate the owner shal1 be entitled to a reduction in assessment for the year in question of not less than twelve and a-half per centum nor more than twenty-five per centum at the discretion of the Minister and, notwithstanding. anything in this Act contained, the amount of such assessment payable shall be reduced accordingly: Provided that no reduction in assessment shall be allowed to any owner whose holding is situated within a netting enclosure unless he satisfies the Minister that he has contributed towards the erection of the netting fence forming such enclosure and to the maintenance thereof. In fixing the percentage of the reduction the Minister shall have regard to the type of fence forming the enclosure and as to whether it constitutes an effective barrier to rabbits, or dingoes, or both rabbits and dingoes~ as the case may be. N otification (6.) An assessment shall be deemed to have been aosfsessment. duly made and levied on a notification of the making and of the rate thereof being published in the Gazette. Payment of (7.) Every such assessment shall be payable at the assessment. Department of Public Lands or other place appointed in that behalf by the Governor in Council by the owner of the holding on which, as appears by the aforesaid return or supplementary return, the stock in respect of which the assessment is made are depastured, and shall be so paid within two months after the publication of such notification: Provided that when stock depastured on a holding are not the property of the owner of the holding, the liability to pay 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 of the holding forthwith upon the notification of the assessment to furnish to the superintendent the name and address of the owner of such stock. Default in (8.) If an owner makes default in the payment of apsasyemssemnetnotf. the amount of an assessment on the due date an additional charge by way of penalty equal to interest on such amount at the rate of ten pounds per centum per annum for the period of default may be imposed.

DINGOES AND MARSUPIALS. 15729 1936. Stock Routes Improvement, Etc., Act. (9.) If an owner fails to pay the amount of an Enforcement assessment the Minister may enforce payment of~ ssment. such amount, together with one-tenth more by way of penalty, by complaint against the owner or manager in a summary way or by action 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 found depasturing on any holding of such owner wherever situated. 36. Notwithstanding the prOVIsIons of the Smaller preceding section, the maximum assessment therein : sB~ eJ? - td mentioned shall not apply to any portion of a district in if 0 R:bbi: e which a Rabbit Board continues to exercise its powers Bo~ . als~ and functions under *" The Rabbit Acts, 1913 to 1930," ~ k~ ~ ic: g In but as to such portion of a district the amount of any assessment or assessments made and levied by the Minister 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 depastured within such portion. 37. When funds are to be raised in any district byPreQePt on the issue of a precept upon the Local Authorities ~ ~ ~ ~ ~ ritY. whose areas or part of whose areas are in the district concerned, the following provisions shall apply, namely:- The Minister may in any year fix the amount of revenue which shall be raised in any such district. Such amount shall be apportioned by the Minister among the several Local Authorities whose areas or part of whose areas are in such district. The decision of the Minister as to the total amount of revenue to be so raised and "his apportionment of such amount among the Local Authorities concerned shall be final and conclusive. For the purpose of obtaining payment from a Local Authority of the amount apportioned to it the Minister shall have full power and authority to issue a precept signed by him and in the form hereunder set out or to the like effect to such Local Authority stating therein the ." Geo. V. No. 7 and amending Acts, supra, pages 5954 et Beq.

15730 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, sum to be contributed by such Local Authority and requiring such Local Authority within a time limited by the precept to pay the sum mentioned to the Minister or to such person as the Minister directs- PRECEPT. " The Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936." To the Council of the Town [or City or Shire] of These are to require you, the Council of the Town [or City or Shire] of from and out of your Town [or City or Shire] Fund to pay on or before the day of 19 , into the hands of the Secretary for Public Lands [or as the case may be] the sum of pounds, being the amount of the revenue to be raised in the district of apportioned to your Local Authority. Dated this day of , 19 Secretary for Public Lands. For the purpose of recovering the amount of any such precept the Minister shall have and may exercise all or any of the powers, functions, and rights of a Joint Local Authority under the Local Authorities Acts, and a Local Authority upon which such precept is issued shall be subject to all such duties, responsibilities, and obligations and have all such powers and authorities in respect of the payment of the sum mentioned and the raising of such amount as if such precept were a precept duly issued to such Local Authority by a Joint Local Authority, and all the relative provisions of the Local Authorities Acts shall, mutatis mutandis, apply and extend accordingly. Fences; existing determina· tions to continue. 38. (1.) Any determination made by the Minister after the passing of *" The Local Authority ( Grazing Districts Improvement) Transfer of Powers Act of 1933 " under and in accordance with the provisions of section sixty-one of t" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," in respect of any rabbit- netting fence in any district shall, and notwithstanding that such lastmentioned Acts have ceased'to apply in such district, be and continue to be of full force and effect, and where at the date of the coming into force of this Act in any district it is a condition of the lease of any holding in such district that so much of any such * 24 Geo. V. No. 29, 8upra, page 14560. t 21 Geo. V. No. 44 and 24 Geo. V. No. 29, 8upra, pages 12844 and 14560.

DINGOES AND MARSUPIALS. 1573] 1936. Stock Routes Improvement, Etc., Act. fence as is on the holding or on the boundary of the holding shall be maintained rabbit-proof or marsupial- proof or both rabbit-proof and marsupial-proof, as the case may be, then, and in each such case, and notwith- standing that such lastmentioned Acts have ceased to apply in such district, such condition shall be and continue to be a condition of the lease of such holding; and all of the provisions of Division IV. of Part VI. of *" The Land Acts, 1910 to 1934," relating to the breach of a condition of the lease of a holding shall apply and be observed. (2.) Where there is, at the date of the coming Further into force of this Act in a district, in such district any d.etermina- rabbit-netting fence formerly maintained by a Rabbit tlOns. Board which was abolished under t" The Grazing Districts Improvement Act of 1930," and in respect of which the Minister has not at such date made a determination under and in accordance with section sixty-one of t" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," the Minister may, and notwithstanding that such lastmentioned Acts have ceased to apply in such district, make such determination and for all purposes, and notwithstanding anything hereinbefore contained, the provisions of the abovementioned section sixty-one shall continue to apply in such district. (3.) The Minister may at any time deliver possession Sale of with or without payment and subject to such terms and fences. conditions as may be agreed upon or determined of any fence which under t" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," has devolved upon the Crown to the owner of a holding upon which such fence is erected, or any part of which is bounded by such fence. The amount to be paid to the Crown by an owner in respect of such fence shall if necessary be determined by the Land Court. Any agreement entered into between the Minister and the owner of a holding under the provisions of this subsection shall be registered in the Department of Public Lands. * 1 Gen. V. No. 15 and amending Acts, supra, pages 8775 et Beg. t 21 Geo. V. No. 44, supra, page 12844. ~ 21 Geo. V. No. 44 and 24 Geo. V. No. 29, supra, pages 12844 and 14560.

15732 DINGOES AND MARSUPIALS. Stock Rmdes Improvement, Etc., Act. 1 EDw. VIII. No. 8, Certain animals, birds, &c., maybe proclaimed natural enemies of the rabbit. 39. (1.) The Governor in Council may from time to iJime by Proclamation declare any animal, bird, or reptile to be a natural enemy of the rabbit, and prohibit the killing or capturing of any such animal, bird, or reptile within such area as shall be defined in such Proclamation without a special permit from the superintendent. Penalty for (2.) Any person who within any such area ckailplitnugrionrg wilfully kills or captures, or uses any gun, net, snare, without instrument, or any other means for the purpose of killing permit. or capturing any animal, bird, or reptile so declared to be a natural enemy of the rabbit, without a permit signed by the superintendent, shall be liable to a penalty not exceeding ten pounds. Power to declare vermin. 40. The Governor in Council may by Order in Council declare any animal or bird to be vermin under this Act either in a particular district, area, or locality mentioned in such Order in Council. Obstructi?n 41. Any person who obstructs, or resists, or hinders ; ~ : ~ ~~~nsed any authorised person in the prosecution of his work or in the execution of any power vested in him in pursuance of this Act shall be liable to a penalty not exceeding fifty pounds. Recovery of 42. (1.) All penalties incurred for any breach of penalties. this Act may be recovered by complaint in a summary way. (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 amount of costs, charges, or expenses. 43. 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 or the superintendent, as the case may be, shall be prima facie evidence that such costs, charges, and expenses were actually and lawfully incurred, and the onus of disproving the amount shall be upon the defendant. o & D f C ehs ., ocilrndipintigo, n notic 4 e 4 u :. ndTehre tdheisscAricpttinoneeodf naonty dheofilndeintghienslaenrtdedreifnerarneyd notice. to, but shall be sufficient if it makes reference to the

DINGOES AND MARSUPIALS. 15733 1936. Stock R01ttes Improvement, Etc., Act. land, either by name or boundaries or otherwise, so as to allow of no reasonable doubt as to what land is referred to. 45. Any public3,tion purporting to be a return or Evid.ence of supplementary return of horses, cattle, and sheep under ~~ ~ ~sfi~ ~ B *" The Stock Ret1lrn8 ACt8, 1893 to 1935," compiled by . . the Government Statistician from statutory returns and published by the Government Statistician, by whatever means published, shall for the purposes of thjs Act and for the purposes of all judicial proceedings thereunder, and without proof that it was compiled from statutory returns, be prima facie evidence of the facts therein recorded, and any such publication shall be receivable in evidence in such proceedings accordingly. For the purposes of this section, the term " Court" shall include the Supreme Court, or the Land Court, or the Magistrates Court, or any court of summary jurisdiction. 46. In any case where any document or writing is Service. required to be served upon any person, the same may be served, either by delivering the same to him personally 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 registered letter addressed to him at his usual or last known place of abode. 47. No person shall be deemed a trespasser or be Indemnity liable for a:ny damage occasioned by him by. reas.on ? f! ~ S: : : B the executIOn of any of the powers vested III hIm III execution of pursua~ ce of this. Act unless such damage i.s occasioned ~ ~ : £ : ~ ~ ed by otherwIse than III the reasonable exerCIse of such this Act. powers. The adoption and use of such methods as are ordinarily adopted and used for the purpose of destroying rabbits, or dingoes, or other vermin shall be deemed to be a reasonable exercise of the powers conferred by this Act with reference to the destruction of rabbits, or dingoes, 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. * 57 Vic. No. 10 and 26 Geo. V. No. 9, supra, pages 3277 and 15597.

15734 DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 1 EDw. VIII. No. 8, Crown 48. Notwithstanding anything in this Act or in ferxoomnerated any other Act contained, no action or other remedy shall liability for lie against nor shall any sum by way of compensation, sintojucrkies to damages, or otherwise be payable by the Crown for any poisoned by loss or injury sustained by any owner or person in odfesntoruxicotiuosn possession of any live stock poisoned by eatjng, on any plants. road or land under the control of the Minister, any plant, grass, or herbage which has been poisoned by the servants or agents of the Minister in the destruction or endeavour to destroy any nQXious weed or plant if the Minister 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 a frontage to all places where the work is being carried out. Regulations 49. (1.) The Governor in Council may from time and Orders to time make regulations providing for all or any purposes, in Council. 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 the Act. Maybe made (2.) Regulations may be made on the passing of on passing of this Act. Act. (3.) Such regulations may be of general application or may apply to such district or districts only as shall be specified in such regulations. May fix (4.) The regulations may fix a penalty not exceeding penalty. in any case fifty pounds for any breach thereof. General powers. (5.) In addition to and without in any way limiting the powers of the Governor in Council, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to give full effect to the objects, purposes, and provisions of this Act, and where there is no provision or no sufficient provision in respect to any matter or thing, and it is deemed necessary or expedient to give effect thereto, providing for and supplying such omission or insufficiency.

1936. DINGOES AND MARSUPIALS. Stock Routes Improvement, Etc., Act. 15735 (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, O~ ers under this Act shall be published in the Gazette, and~~Ot~~~~m 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 such Pro· clamation, Order in Council, or regulation shall be conclu8ive evidence of the matters contained therein, and of the power and authority to make such Proclama- tion, Order in Council, or regulation. (9.) All Proclamations, Orders in Council, and T~ be laid regulations shall be laid before the Legislative AssemblY~ :~ ~ :ment. 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. 50. All acts, matters, and things done or executed Ratification prior to the coming into force of this Act which ifof acts. done in a district subsequent to the coming into force of this Act therein would be valid and lawful are hereby approved, validated, ratified, and confirmed.