Sydney Abattoir and Nuisances Prevention Act 1902 (NSW)

344   Act No. 37, 1902.

Sydney Abattoir and Nuisances Prevention,

Act No. 37, 1902.

sjdney abactoir An Act to consolidate the Acts relating to the

pre^	on.	establishment of a Public Abattoir, or place for the Slaughtering of Cattle for the city of Sydney, and to the licensing of Slaughter­ houses within the city and suburbs of Sydney, and for the prevention of other nuisances
within the same. [20th August, 1902.]

enacted by the King’s Most Excellent Majesty, by and with _ D the advice and consent of the Legislative Council and Legislative Assembly of New South 'Wales in Earliament assembled, and by the authority of the same, as follows :—

PAET I.

P reliminaiiy.

1. Tills Act may be cited as the “ Sydney Abattoir and Nuisances Prevention Act, 1902,” and is divided into Parts, as follows;—

PAET I.—Preliminary' ŝ . ], 2.

PAET I I .— Sydney Abattoir—ss. 3-13.

PAET I I I .— Sydney nuisances prevention—ss. 11-21.

Eepeai and saying. 2. (1) Tile Acts mentioned in the First Schedule hereto arc to the extent therein expressed hereby repealed.

(2) (i) All persons appointed under any Act hereby repealed,

■

and holding office at the time of the passing of this Act, shall be

deemed to have been appointed hereunder.

(ii) All orders and regulations made under the authority

of any Act hereby repealed, and being in force at the time of the

'

passing of this Act, shall be deemed to have been made under the

authority of this Act.

PAET II.

Sydney Abattoir.

Interpretation. 3. In tliis Part, uulcss the coiitcxt or subject-matter otherwise

u Vic. No. 3fi, r. 20. Indicates or requires,—

“ abattoir ” moans the abattoir established under the authority of

the Act fourteen Victoria number thirty-six.

“ cattle ”

Act No. 37, 1902. 345

Sydney Abattoir and Nuisances Prevention.

“ cattle” includes sheep, lambs, oxen, bulls, cows, calves, horned

cattle, pigs, and goats.

“ Board” means the Board of Health as constituted and incorporated

by the “ Public Health Act, 1902.”

4. Nothing in this Part contained shall apply Exemption from

[ a ) to the slaugliter of pigs, calves, or sheep in any place licensed

under the provisions of the Sydney Corporation Act, 1902 ; nor 14 vie. No. 30, s. 1 ,

(A) to any house or premises which were on the hrst day of ami ei. 43 Vie. No. 3,

October, one thousand eight hundred and fifty, and liave	''
since then been continuously used, and are now used, for slaughtering cattle for the purpose of converting the carcasses thereof into preserved meats.

5. No person shall slaughter or skin, scald or dress, or cause to wtierc cattle may

he slauglitercd or skinned, scalded or dressed, any cattle in any honsc Ikinmid.'sc'ivM

or place within the city of Sydney, or within the distance of three dressed,

miles therefrom, except only in the abattoir. 14 Vic. No. sc, s. 1.

6 . Whosoever slaughters or skins, scalds or dresses, or causes to Penalty for

be slaughtered or skinned, scalded or dressed, any cattle in any place fkinmng” &e!, cattle

within the said city, or within a distance of three miles thereof, except eisowiicro than in

only in the abattoir, shall he liable to a penalty not exceeding

pounds for each head of cattle so slaughtered, skinned, scalded, or	• • •
dressed.

7. (1) The Board may make orders and regulations— Tim Board may mate

(a) for regulating the abattoir in respect to cleanliness and other­

’ 57 Vic. No. 21,

(b)	for the good government of all persons using or frequenting ss. 10, is. the abattoir;
(c)	for fixing the rates of slaughtering fees to ho paid for the use of the abattoir and appurtenances by persons slaughtering cattle or causing cattle to he slaughtered therein:

Provided that such fees shall not exceed the fees Second Schedule,

specified in the Second Schedule hereto.

(d) for collecting, receiving, and accounting for the said fees ; and (e) for the purpose of giving eifect to the provisions of this Part.

(2) The Board may by any such order or regulation impose

a penalty not exeeeding five pounds for any breach thereof.

(3) Every such order or regulation shall have the same force and effect as if it had been inserted in this P a rt; and any penalties imposed by such orders or regulations shall be deemed to have been imposed by this Part.

8. All such orders and regulations shall, within fourteen days Order?, &c„ to be

after the issuing thereof, be twice published in the Gazette, and b, ^

eopy of every such order or regulation shall be laid before both before Parliament.

Houses of Parliament within six weeks after issuing the same i f	Vm. No. so, b. 4.
Parliament he then sitting, and if not, then within six weeks after the

commencement of the then next session. 9.

346   Act No. 37, 1902.

Sydney Abattoir and Nuisances Frevention.

Appointment of

ofTieeri and servants. 9. The Board may appoint, employ, and continue in office such

14 Vic. No. 315, 8. 5.

clerks, inspectors, and other officers and servants as may be necessary

57 Vic. No. 21,

or proper for the purpose of carrying into effect the provisions of this

ss. 10, 16.

Part, and of the said orders and regulations, and may assign and allow

salaries, wages, or remuneration to such officers or servants.

Grovcrnor may farm	10.	The Board may farm or let the abattoir or any portion thereof
abattoir.

14 Vic. No. 36, 8. 6.

cither by public auction or otherwise, and the lessees of the abattoir

57 Vic. No. 21,

or of any portion thereof may take and demand all lawful fees from

S 3 . 10, 16.

the persons using the same, subject, nevertheless, to all such orders

and regulations as aforesaid.

Salaries, &c , to be

defrayed out of 11. All fees or sums of money (other than penalties) received

fees, &c., received	under the provisions of this Part shall go to form a fund, out of
under provisions of
this Act.	which shall be defrayed the salaries of the several officers hereinbefore
14 Vic. No. 36, s. 7.	mentioned and all other expenses consequent upon cari’ying this Part into force, and the surplus shall he paid to His Majesty for the public uses of the State of New South Wales, and in support of the Govern­ ment thereof.

Time within which	12.	No person shall be liable to the payment of any penalty imposed
complaint to bo

made.	by virtue of this Part, or of any such order or regulation as aforesaid
Ibid. 8, 14.	for any ofPence, unless the complaint respecting such offence shall have been made within two months next after the commission of such offence.
j^resent law as to
Act not to affect	13. Nothing in this Part contained shall be construed to render would he deemed to he a nuisance, nor to exempt any person from any liability, prosecution, or punishment to which he would have been otherwise subject in respect thereof.
nuisances.	lawful any act, matter, or thing whatsoever which, hut for this Part
Ibid. s. 19.

PART II I .

Sydney nuisances prevention.

Live swine not to be

kejit within the city

14. Wdiosoever breeds, feeds, has, or keeps any kind of living Provided always that nothing herein contained shall apply to any swine landed from any vessel for the purpose only of being driven through the said city.

of Sydney.

swine in any place within the city of Sydney shall for every such offence

13 Vio. No. 42, 8. 2.

he liable to a penalty not exceeding ten pounds:

Cattle not to be

16. Whosoever drives any cattle intended for sale, slaughter, or

shipment within the said city or through or along any public street or

certain hours.

placo withiu tlio Same, excepting between the hours of twelve at night

Ibid. 8.4.

and six in the morning, shall he liable to a penalty not exceeding

twenty poimds. 16.

Act No. 37, 1902. 347

Sydney Abattoir and Nuisances Irretention.

16. Any constable may detain any cattle driven Avithin the Cattic may iio

said city in contravention of the provisions of this Part, and may ̂ ^Xhvr'takcn

impound the same in the nearest public pound, and also may seize and i>of<>ro a justice of

detain the driver of any such cattle and con cy him before a justice of 12 s 5

tlu' pt'aee to he dealt with according to laiv. • ’

17. ^Vhosoever carries on in any building or plaec Avithin thebusinesscB

said C i t y the liusiness ot a blood-noilor, bone-boilor, soap-boiler, tripe-passing of tins Act.

boiler, talloAV-melter, tanner, currier, fellmonger, slaughterer of horses, iik i. ss. 0, 7.

or boiler or steamer of animals or parts of animals for extracting the

talloAV or fat therefrom, shall for every such otfcncc be liable to a

penalty not exeeeding fifty pounds and a further penalty of forty

shillings for each day during whieh the oftence is continued.

18. (1) If, upon the certificates of any tAvo legally qualified J'yiice.̂ muy rivc

medical practitioners, verified on oath, it appears to any tAVO justices

of the peace, that any shop, building, stall, or place kept or used fortiic sale of iiutctiors’

the sale of butchers’ meat, or as a slaughter-house, or the premises ̂ ̂

occupied Avith the same or appurtenant thereto Avithin the said city,

’ ’ '

are in such a filthy or unwholesome condition that the health of any person is likely to be afi'ccted or endangered thereby, or that the whitewashing, cleansing, or })urifying of any such place, prcmaiscs, or appurtenances Avould tend to prevent or check infectious or contagious disease, the said two justices shall giv'e notice in Avriting to the OAvner or occupier of such place or premises to AvhitcAvash, cleanse, or purify the same, as the case may recpiire.

(2) I f the person to Avhom such notice is so given fails to renaity for non-

comply thercAvith Avithin such time as is specified in the said notice,

he shall b(; liable to a penalty not exceeding ten pounds for every day

during Avhich he continues to make defaidt.

(3) EAX'ry .such notice m aybe served by affixing a copy ŝ Ticc of notice,

thereof on a conspicuous part of the house, place, or premises directed

to be AvbitcAvashed, cleansed, or purified as aforesaid.

19. The said justices may cause such places, premises, or Or justices m»y

appurtentinces as aforesaid, or any part thereof to be Avhitmvashcd, l“ * t o ' ^ b c a t cleanst'd, or purified, and the expense incurred by them in so doing expense of owner or shall be repaid by the OAvner or occupier thereof, and in default of

repayment shall be recoverable in the same manner as penalties arc ' ■	'
recoverable under this Part.

20. (1) The inspector of nuisances for the said city or any Powers to inspector

insjtector of the police force of the said city may, at all reasonable ° '

times, Avith or Avithout assistants, enter into and inspect any shop,	'
building, stall, or place; kept or used for the sale of butchers’ meat,
or as a slaughtcr-houst', and examine any animal, carcass, meat, or tlcsli A\ hieh may be therein, and if any animal, carcass, meat, or flesh appt'ars to him to be intended for the food of mankind and to be unfit for such food the same mav be seized.

̂ (2)

348   rVct No. 37. 1902.

Sydney Abattoir and Nuisances Frevention.

Destruction of

aniinulj &c.	(2) If it appears to a justice of the peace upon the evidence of a competent person that any such animal, carcass, meat, or flesh is unfit for the food of mankind, he shall order the same to ho destroyed or to be so disposed of as to prevent its being exposed for sale or used for such food.
Teuaiiy.	(3) The person to whom such animal, carcass, meat, or flesh belongs or in whose custody the same is found sliall be liable to a penalty not exeeeding ten pounds for every animal or carcass, piece of meat or flesli so found.

r̂es"nt laVaŝ to tliis Part shall be construed to render Lawful

nuisances. *** any act, matter, or thing whatsoever which but for this Part would be

13 Vic. No. 42 ,s. 12. deemed to be a nuisance, nor to exempt any person from any action,

liability, prosecution, or punishment to which such person would

otherwise have been subject in respect thereof.

SCHEDULES.

Section 2. PIEST SCHEDULE.

Ecference to Act. Title or short title. Extent ot repeal

I S Vie. No. 42 An Act to amend the law relating to the Licensing of Slaughter Houses within the city and suburbs of Sydney and for the prevention of other nuisances within the same. The whole Act.

1‘1 \ ic. JNo. 36 An Act for the establishment of a Public Abattoir The whole Act.

or place for the Slaughtering of Cattle for the

city of Sydney.

57 Vic. No. 21 Noxious Trades and Cattle-slaughtering Act, 1894... The proviso to

section 10, and

section 16.

Section 7. SECOND SCHEDULE.

s. d.

Eor every ox, cow, bull, heifer, steer, or calf ... . . . 1 6

I'or every sheep or lamb	...	...	...	...	...	0	4
For every head of swine	...	...	...	...	. . .	1	0

Act