The Vermin Act Amendment Act 1907 (SA)

ANNO SEPTIMO

EDWARDI V11 REGIS.

No. 940.

.An Act to amend "The Vermin Act, 1905.''

[Assented to, December arst, 1907.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of' the Parliament thereof, as

1, This Act may be cited as .b The Vermin Act Amendment Act, short title and

1907," and shall be incorporated with &&The	Vermin Act, 1905" inmrpo~tiOn.
(hereinafter referred to as the principal Act).

hereunder are repealed or amended to the extent and in manner repeals. 2, The sections and Schedules of the principal Act enumerated Amendments and

0.

herein set forth :-

Section 4-ln the interpretation of' the words a Crown lands,"

after the word ~ ~ ( i t r a l i a " insert the words excluding the

Northern Territory."

Section 18-In subsection 2, line 3, strike out the words and

by " and insert in lieu thereof the words '- accompanied if possible by either," and in the same line strike out the word "and" where it next occurs and insert in lieu thereof the word or."

Section 21 - Repeal the whole section, and substitute the folloking

section in lieu thereof: -

21, In order to better provide for the simultaneous destruction of

vermin, such destruction shall, as regards each Di~trict Council, Ver I I b f e n c e d District, and Associated Board be simultaneously proceeded with by all owners and occupiers during the months of

A -940 Jan uary,

7" EDWARDI VII, No. 940.

The Vermirc Act A d m e n t Ad.-1907.

January, February, and March in each year, but nothing in this section shall be construed to imply that the destruction of vermin shall not be proceeded with and enforced during the remainder of the year, or that a notice, under section 23 of The Vermin Act,

1905," may not be given during such simultaneous vermin destruc-

tion months.

Section 24 -Repeal the whole and substitute the following section

in lieu thereof :-

24. (l) The owner or occupier of any land who does not-

(a) During the simultaneou~ vermin destruction months of

Janua,ry, February, and March in each year; or

( b ) Within twenty-eight days after the service upon him of a

notice under section 28, destroy all vermin upon such land, and upon the half width of all roads adjoining the same, shall be liable to a penalty for a first offknce of not more than Five Pounds, and for the second arid every subsequent offence of not more than Twenty Pounds.

(2) Informations under this section -

(a) Shall not be laid except by an authorised person:

( b ) May be in the forms No. 2 or No. 3 in the Second Schedule to this Act, and when so laid shall not be questioned for want of form:

(C) May be amended by the Court; and

( d ) Shall be laid within six months from the date of the service of such notice, or from the expiration of the simultaneous vermin destruction months, as the case may be.

Section 25-Repeal the whole and substitute the following section

in lieu thereof:

25. (1) Where an owner or occupier is charged with an offence

under section 24 the averments contained in the information shall be

deemed to be proved in the absence of proof to the contrary.

(2 Such averments shall be deemed conclusively proved upon proo 1 on behalf of the informant of the presence of vermin upon the

lands mentioned in the said information-

(a ) Where such land is within the boundaries of a District Council

or Associated Board, at any time after fourteen days from

the expiration of the notice under section 23, or from the

. expiration of the simultaneous vermin destruction months, as the case may be:

( b ) Where such land is outside the boundaries of a District Council or Associated Bowd, at any time after the expiration of three months from the expiration of such notice, or from the expiration of the simultaneous vermin destruction months, as the case may be.

Section

7 EDWARDI VII, No. 940. .

The V a i n Ad Amendment Ad.-1907.

Section 38-Repeal the words " or forest reserve " and the worde

" or similar enclosures," and after the word upon.'' in the third line add the words " a dedicated travelling stock reserve or Crown lands used as."

Section 75-Repeal subsection 4.

Section 119-Repeal subsection (c) and substitute the following

new subsection therefor:

(c) In paying for the destruction of vermin on the whole or

any specified portion of the land within the district, the approval of the Commissioner having first been notified in the Gazette."

Section 154-Repeal the words or a Vermin-fenced District "

in the sixth line.

Section 157-After the words " Government inspector " in the

second and last lines insert the words " or a Crown lands

ranger."

Section 158-In sert the following new subsection: -

" t d ) Any instalment under subsection ( a ) which is unpaid for

fourteen days after the due date thereof shall, by way of penalty, bear interest, payable therewith, and cal- culated at the rate of' Five Pounds per centum per annum."

Section 160-Insert the following new subsection :-

a ( 5 ) Any instalment under subsection ( l ) which is unpaid for

fourteen days after the due date thereof shall, by way of penalty, bear interest, payable therewith, and calcu- lated at the rate of Five Pounds per centum per annum."

In the heading to Part W., Division II., and in section 192, sub-

section (l), line 3, repeal the word " hundreds " and insert in

lieu thereof the words "District Councils and Vermin-fenced

Districts."

Section 194-

(1) Insert the following new subsection :-

G C (5) Any instalment under subsection (2) which is

unpaid for fourteen days after the due date thereof shall, by way of penalty, bear interest, payable therewith, and calculated at the rate of Five Pounds per centum per annum."

(2) Inaert the following new subsection :-

(3a.) If such lease is transferred or surrendered whilst any instalments remain unpaid, such remaining inetalmenta shall be paid prior to such transfer or surrender, unless the incoming tenant (if any) agrees to pay the same." Section

Section l W--Repeal the whole, and substitute the fbllowing section

in lieu thereof :-

Payment for

boundary fences.	19,7. (1) Where an occupier of land within a District Council or Municipal ('orporation shall have heretofore erected, or shall here- after erect, a rabbit-proof fence upon the boundary of such land the occupier of the adjoining land shall, after demand, be liable to pay
to the occupier who is in occupation at the time when such demand
is made a contribution in respect of such fence, calculated as follows: -

( ( I ) If such adjoining land is within a District Council or Municipal Corporation, si~ch contribution shall be one-half of the value of such fence at the time of such demand:

( b ) If such adjoining land is not within a District Council or Municipal Corporatior;, such contribution shall be calculated and be payable in manner provided by section 196.

(2) Contributions under subdivision ( a ) shall be paid within one year from the (late of demand, with interest at the rate of' Four Pounds per centum per annum.

Section 204-Between the words " fence " and " and " in line 5

insert the words " and clear the scrub."

Section 240-At the end of subsection ( c ) add the words "Service

shall be deemed to have been effected (unless the contrary is proved) a t the time at which the letter would be delivered in the ordinary course of post."

Second Schedule-Repeal fbrms No. 2 and No. 3 and insert the

following forms in lieu thereof :-

FORM N O. 2.

I n forrnntion.

South [Royal Arms] Australia.

(To wit.)

Be it remembered that on this day of 7

in the year of Our Lord, one thousand nine hundred and a t ,

in the State of South Ausrralia, in the Commonwealth of Australia, ?

of the mid State, an authorised person within the meaning of Part 11.

of &&The Vermin Act, 1905," came before me,, Esquire, one

of Hi8 Majesty's Justices of the Peace in and for the said State, and gave me to

underetand and be informed that. of V in the said State, being the owner (or occupier as the case may be) of certain land, to wit [here su.cient ly describe the land]. did not, within twenty-eight days after the service upon him of a, notice under section 23 of the said Vermin Act, 1905, destroy

all vermin upon such land (and upon the half width of all roads adjoining the same),

contrary to the form of the Statute in such case made and p r o ~ d e d.

Taken before me at

the day and yew first above written. I ,

, J.P.

Irtformation.

South [Royal Arms] Australia.

(To wit.)

Be it remembered that on thie . day of

in the year of Our Lord one thousand nine hundred and

7 O EDWARDI VII, No. 940.

in the State of South Australia in the Commonwealth of Australia, Y

of , in the said State, an authorised person within the meaning of Part II.,

of " The Vermin Act, 1905," came before me,, Esquire, one of His Majesty's Justices of the Peace in and for the said State, and pave me to understand and be informed that, of 9 in the said State, being the owner (or occupier as the case may be) of certain land, to

wi t [here szcflciently describe the land], did not, during the simultaneous vermin

destruction months of January, February, and March, 19, destroy all vermin upon such land (and upon the half width of all roads adjoining the same), contrary to the form of the Statute in such case made and provided.

Taken before me at

the day and year first above written.

, J.P.

Fourth Schedule-In line 8 repeal the words not more than."

3. Section 3 of Act 674 of 18 37 shall, from the time of the passing Construction of sec.

of "The Vermin Act, 1905," be read and construed as though the 3 of Act 674 of 1897.

words " The Vermin Act, 1905," had been inserted in the said

section after the words " The Vermin-proof Fencing Act, 1890."

4. It shall be sufficient in any information cir notice required Informalitiesof

uoder this Act if such information shall give the accused a reason- f ~ mar be ~ ~ ~ ~ ~ s

able, clear, and intelligent statement of the offence with which he is comcted.

charged, or if such notice shall clearly and reasonably state tbe

purpose thereof, and no conviction shall be held void, invalid, or

quashed for any defect in substance or form thereof, and the Court

shall amend or permit the amendment of every information which in

their opinion is defective.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

- - -

Adelaide- By authority, C. E. BMSTOW, Government Printer, North Terrace.

B-940