The Vermin Act Amendment Act 1911 (SA)

ANNO SECUNDO

GEORGII V REGIS.

A.D. 1911.

No. 1066.

An Act to further amend " The Vermin Act, 1905,'' and

for other purposes.

[Assented to, December 23rd, rprr.]

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. (1) This Act may be cited alone as The Vermin Act short title..

Amendment Act,, 191 1."

(2) The Vermin Act, 1905 " (hereinafter called the principal NO. 905 a 1906.

Act "), '' The Vermin Act Amendment Act, 1907," and this Act may No. 940 of 1 9 0 ~.

be cited together as The Vermin Acts, 1905 to 1911."

for the purposes of this section. 5. The

2, This Act is incorporated with the other Acts mentioned in Incorporation with

section 1, and those Acts and this Act shall be read as one Act. other Aota.

3, In this Act occupier " has the same meaning as in Part VI. Interpretation. -

of the principal Act.	Vermin Act, 1906,
8. 4. definition of

occupier."

Loans jor Supplying Vermin-proo f Fencing Materials to Occupiers.

4. (1) A Vermin Board may borrow money from the Government Lana for vermin-

for the purpose of purchasing materials for vermin-pr oof fencing ~ $ ~ ~ ~ ~ f ~, " ~.

and supplying the same to occupiers of land in a special area Boarb.

within the district of such Board, but not within any Municipality Cf. principal Act,

or District Council District.	S. 166.
(2) The Governor may, on the application of a Vermin Board, grant a loan to such Board for such purpose.

(3) Such loan shall be made out of moneys voted by Parliament

2' GEORGII V, No. 1066.

Th& Vermin Act Amendment Act.-1911.

D i v i O n l of princi? M partvl to 6, The provisions of Division I. of Part VI. of the principal Act

applyto e m m shall apply to Vermin Boards and their respective districts, as well

Boards.	m-	as to District Councils and their respective districts; and the
.	V @
..	said provisions shall be read and construed as if every reference therein-

*	(a) To a Council included a reference to a Board:
( b ) To the clerk of a Council included a referellcc to the secretary

of a Board:

(c) To a district road included a reference to any public road in

the district of the Board;

and a Board may make by-laws under Division XI. of Part 111. of

the principal Act for the purposes mentioned in section 186 of	that
Act.

Notice to debtor 6. (1) When any sum due to a Board under Division I. of

preliminary to

exercm	Part VI. of the principal Act (read as provided by section 5 of this
remedies given by	Act J is unpaid, the Board may send to the occupier by whom the
this Act.	same is due (hereinafter called the dehtor ") a notice in the form

Cf.plincipa1Act98.32. of

the Schedule to this Act, or in a form to the like effect.

(2) Such notice shall also be published three times in the Gazette.

Notioes, how sent.	7, The notice under section 6 shall be sent by post to the debtor, or to his agent or attorney in case there is any such agent or
Ibid, B. 35.	attorney resident in the said State known to the Board.

8, If after one month from the third publication as aforesaid of

~~~d may be let for

payment 4 * of due. such notice the sums mentioned therein as being due and payable by the debtor, or any portion thereof, remains unpaid, the Board may let the land mentioned in such notice, or any part thereof, for a year,

Ibid., 6. 34;

-

*a	and so on from year to year, until such sum and all other sums payable to the Board under Division I. of Part VI. of the principal
the letting are fully paid and discharged, and may receive and retain Act (read as provided by section 5 of this Act) due at the time of the rents, and apply the same in payment-

(a) In the first place, of all costs of and attending the notice, the

publication thereof, and letting, and

( b ) In the next place, in and towards the payment of the said sums

and all other such sums as aforesaid,

and shall hold any surplus of rent for the debtor,

~ m d may be sold for 9, ( 1 ) Instead of letting the land under section 8 of this Act, the

payment of aums due. Board may apply by petition to the Supreme Court for a sale of all

Ibid., 8. 36. or m y part of the land.

(2) Such petition shall not, where the debtor is unknown, be pre-

aented until after one month from the third publication of the notice

as mentioned in section 6.

(3) Such

2' GEORGII V, No. 1066.

(3) Such petition shall not, where the debtor is k n o m be pre- sented until after the expiration of six months from the third publi- cation of such notice and service of a copy thereof or to the like effect upon the debtor or his authorised or generally recognised agent or attorney in the said State by delivering the same at or posting it directed to such debtor or agent, or attorney, at hie last known place of abode in the said State.

( P ) The Court, on being satisfied by affidavit or otherwise that the moneys mentioned in such notice are lawfully due, and were owing at the time of the first publication of such notice, and that all things required by this Act to be done have been done, may make an absolute order in the first instance, or may grant a rule, calling upon the debtor, if known, or to all whom it may concern, if the debtor is unknown, to show cause why an order should not be made for the sale by public auation of the land comprised in such petition, or so much thereof as may be sufficient to pay-

(a) The said moneys:

(6 ) Any further moneys due to the Board by the debtor under Division I. of Part VI. of the principal Act (read as pro- vided by section 5 of this Act) up to the time of the appli- cation for sale:

(c) All costs and expenses .of and attending the notice, the publication thereof, the application, and the sale:

(d) All other costs, charges, and expenses of any act done or

performed by the petitioners, or by their authority, for

carrying out the provi~ions of this Act.

(6) Unless good cause is shown to the contrary within the time fixed by such rule, the Court shall order-

(a) The sale of the land in manner aforesaid;

(b) Payment out of the proceeds of such sale of the said moneys,

costs, charges, and expenses in preference to any mortgage

or other security on such land; and

(c) That a conveyance, or if the property is under the provisions NO. rsod ass.

of the Real Property Act, 1886, a memorandum of transfer

(which the Registrar-General is hereby directed to register),

I

be executed by the Master of the Court in a form to be

approved by a Judge.

(6) Such conveyance, or the registration of such memorandum of transfer, as the case may be, shall vest an indefeasible estate in fee simple in the said land in the purchaser, his heirs, and aaaigm, free from all encumbrances.

(7) The balance arising from the proceeds of such sale s h d remain and be subject to any tuture or other order of the Court for the behoof of the persons interested therein.

2" GEORGII V, No. 1066.

The Vermin Act Amendment Act.-1911.

Different land amay	10,	Lands belonging to different debtors may be included in one
be included in one

petition.

petition for sale, and the Court may make such orders as to the

Ibid., 6. 36.

apportionment of the costs and expenses of and attending the sale of

such lands, or any part thereof, as may be deemed just.

Diatrees may be	11.	(1) Where any such sum as mentioned in section 6 is payable
levied.

by any occupier to a Board, and remains due and unpaid for the space

Ibid., a. 37.

of one month after notice in writing to pay the same has been given to such occupier, any person by such Board thereunto authorised may, at any time thereafter, so long as any sum remains so unpaid, without any warrant, enter upon any land of such occupier, and dis- train the goods, chattels, and effects found thereon for the amount remaining due and unpaid.

(2) If the amount for which distraint is levied, together with all reasonable costs of such notice, entry, and distraint, is not paid within five days after such levy, then the said distress, or so much thereof as is sufficient to pay the amount remaining unpaid and costs, may be sold.

(3) Any surplus remaining after payment of such amount and

costs, and costs of and incidental to the sale, shall be returned to the

owners of the goods, chattels, and effects distrained.

Commisaioner'e

receiver to have 12, Upon the appoiptment of a receiver or receivers under the

aame remediee as

,he provisions of section 181 of the principal Act (read as provided by section 5 of this Act), the remedies, rights, and powers by sections 6 to 11 inclusive of this Act conferred-upon a Board shall vest in such receiver or receivers, and he or they may thereafter use and exercise the same, in addition to any other remedies, rights, and powers vested in him or them: Provided that thereniedies,rights,and powers conferred by section 11 may be used and exercised by such receiver or receivers personally or in manner set forth in that section.

Board.

Commissioner may 13, When any instalment of, or interest on, an amount lent to a

retain inatalmenta of

1- out of rates of Board under this Act is due and has not been fully paid to the Com- I L

the Board.	missioner, the Commissioner may from time to time apply the
cf. principal ~ c t,	proceeds of any rate or rates of the Board received by him, or passing
a. 128 ('l and	(b)	through his hands, towards the payment of such instalment or interest until the same is fully paid.

Other remedies 14. The remedies, rights, and powers provided by sections 6 to 13

preserved. of this Act are in addition to the remedies, rights, and powers provided by Division I. of Part VI. of the principal Act (read as provided by section 5 of this Act), and to all other remedies, lights, and powers provided by the principal Act or otherwise existing,

Interpretation of	16.	The word " loan " in section 46 of the principal Act shall be
rection 46 of the

principal A O ~.

read as applying to loans under Division I. of Part VI. of the

suspension or

principal Act, whether under that Division as passed or under that

abolition of B w d.

Division read as provided by section 5 of this Act,, as well as to loans

under Division IX. of Part 111. of the principal Act.

16, The

2' GEORGII V, No. 1066.

The Vermin Act Amendment Act .1911.

Lands subject to

33. The exemptions from rates provided by subsection (3) of charge for loan not

section 126 and section 127 of the principal Act shall not apply in	to be exempt from
respect of any land which is, for the time being, subject to any charge	rates.
under Division I, of Part VI. of the principal Act, whether under that Division as passed or under that Division read ae provided by section 6 of this Act.
If Council unreason-

17. (1) If a Council, having received a petition under section 167 ably faila to apply for

of the principal Act to obtain a loan, does not apply under section	loan Governor may
mnke advances on
171 thereof for such loan, the Council shall transmit the petition to	account of the
the Commissioner, together with any information they desire to	Council.
convey in reference thereto or which the Commissioner may require, and also with a statement of the reasons why the loan is not applied for.
(2) If upon considering such petition, information, and statement the Commissioner is not satisfied that sufficient reason exists for not applying for the loan, the Commissioner may give notice to the Council that he will recommend the Governor to make advances to the petitioners on account of the Council unless, within a time specified by such notice, the Council applies for the loan.
(3) If the Council does not within the time so specified apply for the loan the Commissioner may recommend to the Governor that advances be made to the and the Governor may, subject to such terms and conditions as he thinks fit, make an order granting advances to the petitioners, or any of them, of the whole or any part of the amount of the estimate given in the petition, and advances shall be made accordingly.
(4) Such advances shall be deemed to be made by the Governor on account of the Council, and all the provisions of the principal Act as amended by any other Act shall apply, mutatis mutandis, as
if-

I. The order granting the advances were an order under section

172 of the principal Act granting a loan applied for by the

CO U ncil;

11. The total amount of the advances were a loan applied for and

obtained by the Council, and were the value of wire netting

obtained by the Council by means of such loan; and

111. The amounts of the several advances were respectively the values of wire netting furnished by the Council under section 174 of the principal Act to the persons to whom the advances are made by the Governor.

Various Amendments o f the Principal Act.

18. Section 42 of the principal Act is amended by the addition Amendment of

thereto of the following subsection, namely :-	Act.
section 42 of principd

(4) Notwithstanding anything in this section, no area shall be Proclamation of

declared a Vermin-fenced District as aforesaid unless there are, at Di&h. Vermin-fenoed

the

2' GEORGII V, No. 1066.

The Vermin Act Amendment Act.--191 1.

the time of the Proclamation, at least three ratepayers holding ratable property (other than ratable property belonging to the Crown) situated within such area.

Amendment of eec-

tion 46 of principal 19, Section 45, subsection (2), of the ~rincipal Act is hereby

Act. amended by inserting after the word property " in the third line

thereof the words in whole or in part," and after the word " of " in the fourth line the words " his inierest in"; and by inserting at the end thereof the following p r o ~ i s o: - ~ Provided that where any lessee of land included in such Vermin District shall have contributed towards the value of such fence, the amount of such contribution may be set off by the Board against the amount which the Board is liable to pay."

Adjoining occupier

clsing fence to pay

20. In addition to the case mentioned in section l16 of the

of which fence the Board has contributed not less than half the cost

of 80 much thereof as abuts on such occupier's land.

interest where

principal Act, that section shall also apply to an occupie~ of land the boundary of such land, the occupier of the adjoining land shall, three months after demand upon him, be liable to con- tribute towards the cost of erecting such fence to the extent of one-half of the value thereof at the time when such demand is made: Provided, however, that if the land occupied by the person from whom contribution is sought is not by means of the erection of such fence or otherwise enclosed, either by itself or together with lands occupied by any other person or persons,

h"contributed abutting on a vermin fence not owned by the Board, but in respect

to cost,

Amendment of section

196. 21. Section 196 of the principal Act is amended so as to read as

Occupiers of land	follows :-
outside District

Councile and Munici-	196. In case any occupier of land not within a District
palities to pay ehare

of cost of fence	Council District or Municipality has heretofore erected or here-
erected by adjoining	after erects a vermin fence upon the boundary or any part of
owner.
by the other, the amount which such person shall be liable to by a vermin or rabbit proof fence, or partly by one and partly
contribute shall be limited to one-fourth of the value of such fence at the time of such demand being made; and a further one-fourth of the value of such fence shall become payable by such person immediately upon the land occupied by him becoming so enclosed.
Amendment of section

209. 22. Section 209 of the principal Act is amended bv substituting

When land deemed	the words " at least three-fourths of the total length " for the words
to be enclosed.	" threefourths " in the first line of subdivision I. thereof.

Repeal ofsection 121. 23, Section 121 of the principal Act is repealed.

Laying of Poison.

Laying of poieon for 24. (1) Subject to subsection (3) hereof, it shall be lawful for any

destruction of vermin.

Vermin Board or Municipal or District Council, for the purpose of

carrying

2' GEORGII V, No. 1066.

The Vermin Ad Amendment A&.-1911.

l B B 4 9

carrying out its duties under The Vermin Acts, 1905 to 19 11," e. Cf. 14.

with regard to the destruction of vermin, to lay poison on any land within the District or Municipality of such Board or Council, or on any Crown lands adjoining such District or Municipality.

(2) Subject a0 aforesaid, it shall be lawful for any occupier of land, for the purpose of carrying out his duties under the said Acts with regard to the destruction of vermin, to lay poison on such land.

(3) No poison shall be laid on any land under the provisions of this section unless notice of such poison being laid is conspicuously exhibited on the land, and no poison shall be so laid within one hundred yards of any public road or way.

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

this Bill.

DAY H. BOSANQUET, Governor.

THE

GEORGII No.

The Vermin Act Amendment A c t. 1 9 1 I.

THE SCHEDULE.

" The Vermin Act Amendment Act, 191 l."

NOTICE OF MONEYS PAPABLE FOR WIRE NETTING.

Beation 6. Notice is hereby given that there is now due and payable in respect of wire netting furnished in re~pect of for furnished and erected on) the land for lands, as the case may be) mentioned in the schedule hereto the sum for sums) set opposite to the descrip- tion of such land f o ~ lands); and the occupier or occupiers) of such land for lands) is for are) required to take notice that unless the amount for amounts) so due, together with the cost of and attending this notice, be paid to the set out name of Vermin Board] on or before the day of, 19 [one month from the last publi- cation oj" the notice], the said Board will let such of the said land [or lands) in respect of which any money shall be then unpaid, from year to year, in manner provided by "The Vermin Act Amendment Act, 1911," or apply to the Supreme Court for an order for the sale of such land (or lands), or so much t5ereof as may be necessary to produce the amount for amounts) remaining unpaid, and also the costs of and attend- ing such application and sale.

Dated this day of , 19 .

[Signature.]

Chairman of [name o f Board.]

The Schedule referred to.

Adelaide: By authority, R. E. E. Roams, Qovernment Printer, North Terrace.