Vermin Boards Act 1909 (WA)

WESTERN AUSTRALIA.

ANNO NONO

EDWARDI SEPTIMI REGIS,

VI.

No. 10 of 1909.

AN ACT relating to Vermin Fencing and the Destruction of Vermin and for other purposes incidental theteto.

[Assented to GM February, 1909.

ID E it enacted by the King's Most Excellent Majesty, by and J) with the advice and consent of the Legislative Council and Legislative Assembly of 'Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I.—PRELIMINARY.

1.	This Act may he cited as the Vermin Boards Act, 1909.	Short title,
2.

In this Act, unless the context or subject matter otherwise indicates or requires, Interpretation.

"Board" means the Board of a Vermin District;

"District" means a Vermin District constituted under this

Act ;

"Holding" means any land or collection of lands constituting and worked as one property, whether held or occupied under pastoral lease, or in fee simple, or under conditional purchase lease or otherwise, and whether under the same title or different titles, or under titles of different kinds ;

1909, No. 10.1 Vermin Boards. [9 EDW. VII.

"Manager" means the resident manager of a holding of which

the owner does not reside in the District;

"Member" means a member of a Board of a Vermin Dis-

trict;

" Minister" means the Minister for the time being charged

with the administration of this Act ;

"Owner" means the person for the time being entitled to

possession of a holding;

"Resident" means a resident in the District;

"Vermin" means rabbits and wild dogs and any other animals

which the Governor may declare to be vermin for the pur-

poses of this Act.

PART II.—CENTRAL ADMINISTRATION.

The Minister. 3. This Act shall be administered by the Minister for Agricul- ture, or such other responsible Minister of the Crown as the Gov- ernor may from time to time appoint.

Officers. 4. The Governor may from time to time appoint and dismiss a Chief Inspector, inspectors, and other officers for carrying this Act into effect.

Application of 5. All moneys appropriated by Parliament for the purposes of

funds.

this Act shall be paid into a fund called the Central Vermin Fund,

and shall be applied for the following purposes, that is to say,

(a.) For defraying the necessary expenses of the admini-tra-

tion of this Act;

(b.)	For paying to the Board of any District any part of the amount of the cost and expenses incurred by such Board during such year in repairing or maintaining any fencing originally' erected at the public expense ;
(c.)	For making advances by way of loan to any Board un-

der the provisions of this Act;

(d.) And generally in such manner as the Minister may from time to time direct for defraying or contributing to- wards the cost of any measures taken for the pre- vention of the incursion or migration or for the de- struction of vermin, or for repaying to the Board of any District any costs or expenses incurred by such Board in carrying out the provisions of this Act.

PART III.—VERMIN DISTRICTS.

t'enaia districts. 6. (1.) The Governor may, by Order-in-Council,-

(a.) Constitute any road district a Vermin District for

the purposes of this Act ;

9 EDW. VII.] Vermin Boards. [1909, No. 10.

(b.)	Unite two or more Districts into one District;
(c.)	Divide a District into two or more Districts;
(d.)	Alter the boundaries of a District; and

(e.) Abolish a District.

(2.) When a District is divided into two or more Districts,

or a portion is severed from one District and included in another District, and in every other case in which it may in consequence of the alteration of the boundaries of the Districts or otherwise be necessary so to do, the Governor may in like manner declare and apportion the assets and liabilities of the respective Boards be- tween them.

(3.) In any of the eases aforesaid if the Boards affected are

indebted to the Crown in respect of money advanced by way of loan, the Governor may in like manner declare and apportion the liabilities of the respective Boards in respect of such loan.

(4.) Every such Order-in-Council shall have the same effect

as if it were a part of this Act, so that the rights and liabilities of the respective Boards and their respective powers, rights, and authorities in respect of their assets shall be as declared by the Order-in-Council.

PART W.—BOARDS OF VERMIN DISTRICTS.

7.    For every District there shall be a Board, which shall con- Boards.

sist of so many members as may, from time to time, be prescribed by the Governor, and such members shall be elected or appointed as hereinafter provided.

Every Board shall be a body corporate under such title as the Governor shall front time to time determine, and shall have	Hoard to be a cor-
porate body.
perpetual succession and a common seal, and by such name shall be capable of suing and being sued and of doing and suffering, sub- ject to this Act, all other acts and things as bodies corporate may by law do and suffer.

8.

(1.) Until the first election of the members of a Board the members shall be appointed by the Governor.

Appointment and

election of

Boards.

9.

(2.) The members of a Board appointed by the Governor

under this section shall go out of office OD the third Thursday in

March in the year next following the constitution of the District.

(3.) The first election of members of a Board shall be held

in every District on the third Thursday in the year next following

1909, No. 10.1 Vermin Boards. [9 Bow. VII.

the constitution of the District, and thereafter an election shall be

held annually on the third Thursday in March in every year.

Date of retire-

anent of members.

10. Every elected member of a Board shall go out of office on the third Thursday in March in the year next following his elec- tion.

Qualification of

11. Every owner, part owner, or manager of a holding within

the District, if such holding is rateable under this Act, shall be quali-

fied to be elected a member of the Board.

members.

Qualification of 12.

Every person being an elector under the Roads Act, 1902, in respect of land within the district shall, if such land is rateable under this Act, be qualified to vote at an election of members of the Board.

electors.

Number of votes. 13.

Every person qualified to vote at an election of members of

a Board shall have a number of votes according to the following

scale:—

Acreage of Holding. No of Votes.

Under 10,000 acres One vote. Exceeding 10,000 acres and not exceeding 100,000 acres Two votes.

Exceeding 100,000 acres ... •• • Three votes.

Election of MOM' 14. (1.) The proceedings in relation to elections held -under this

bers.

Act, and the rules, forms, and directions incidental thereto, shall

be in accordance with regulations made under this Act.

(2.) Such. regulations may, ntutatis inutandis, adopt the

provisions of the Roads Act, 1902, relating to elections under that

Act.

When office	15.	The office of a member shall be vacated
vacated.

(a) if he is disqualified, or ceases to be qualified under this

Act; or

(b)	if he is absent from two or more consecutive ordinary meetings of the Board without leave obtained from the Board in that behalf ; or
(c)	if he resigns by notice in writing addressed to the clerk

of the Board.

Extraordinary N. (1.) Any extraordinary vacancy in a Board shall be filled

vacancies.

by the appointment by the Board of a member . in place of a mem-

ber whose seat has become vacant.

9 EDW. VII.] Vermin Boards. [1909, No. 10.

(2.) The member so a l ' pointed shall hold office until the first annual election after his appointment.

transact business immediately upon its election or appointment, tion el Bonn] 17. A Board shall be deemed to lie duly constituted mid may- Time of ronstitio

but a notification of an election or appointment of members shall be published in the " Government Gazette" as soon as conveniently may be after such election or appointment.

18. When no members, or an insufficient number of members, App of

have been elected to a Board, the Governor may appoint a suffi- cullo t ,n- lerenlobr ;i■ eer-

(tient number of persons to be members of the Board in the place 1 " 1 " "as"'

of the members who ought to have been elected.

19.    Every inspector appointed under this Act by the Governor I nspeetors tit

ii.od sei members f o

shall be ex officio a member of every Board in addition to the

elected or appointed members. But not more than one such in-

spector shall act at any meeting of a Board.

The Board may, from time to time, fix the place where meetings shall be held, and may adjourn. any meeting to any other 13 °"rd-	settings of
place.

20.

At the first meeting of every'Board after its election or ap- pointment the Board shall elect one of its members to be chairman.	Appointment of
elms

21.

22. (1.) The Board shall appoint a clerk to the Board. Appointment of clerk.

(2.) Any member of the Board may perform the duties of the clerk in the absence or during a vacancy in the office of the clerk.

23. Ordinary meetings of the Board shall be held at such times, ordinary met

not being less than once in each quarter, as the Board shall deter- lug'

mine.

24. (1.) Special meetings may be held at any time Special meetings.

(2.) The chairman may call a special meeting at any time,

and on the request in writing of three members of the Board he

shall call such meeting.

(3.) If the chairman refuses or for seven days fails to call

such meeting upon such request, any three members may call such meeting by notice in writing signed by them stating the object of such meeting and the time and place of holding the same.

1909, No. 10.] Vermin Boards. [9 En w. VTI.

Fourteen days'

notice of meet-	25. The clerk. shall, unless and until otherwise provided by by- law, send by post to every member of the Board fourteen days' notice of every meeting, specifying the time and place of meeting, and, in the case of a special meeting, the business to be done thereat.
ings.

quorum. 26. (l.) At all meetings of the Board a majority of the mem-

bers for the time being shall form a quorum.

(2.) The clerk, in the absence of all the members, or any

member present alone, or the majority of members present at a meeting at which there shall be no quorum, may, at the expiration of half an hour from the time fixed for such meeting, adjourn the same.

(3.) Any business which could have been transacted at such

meeting may be transacted at the adjourned meeting.

Who to preside,	27. At every meeting of the Board the chairman, or in his ab- sence such member as the members assembled shall elect for that purpose, shall preside, and shall have' a deliberative vote, and, in case of equality of votes, a casting-vote.
and his right to
vote.

Business of Board 28. Notwithstanding any vacancies in the office of member of to be carried on a Board, the business of the Board shall be carried on by the mem-notwithstanding

vacancy.

ber or members actually in office, who shall have all the powers of

the Board.

Proceedings of	29.	All proceedings of the Board, or of any person acting as
Board valid not-

withstanding de-	a member of the Board, shall, notwithstanding 'any defect in the
fect of appoint-	election or appointment of the members of such Board, or any of
ment, etc.	them, or of any person acting as aforesaid, or that they or any of them were incapable of being members of the Board, be as valid as if such members or member, or such person, had been duly elected or appointed, and was capable of being a member.

Minutes of meet- 30. The Board shall cause minute books to be kept of all the

ings. meetings of the Board, and of the proceedings thereat.

Inspection of 31. (1.) Such minute-books shall, at all reasonable times, be

minute-books. open to the inspection of

(a.) A member of the Board: 13.) A creditor of the Board: (e.) A ratepayer of the District.

(2.) Creditors and ratepayers shall pay one shilling for each such inspection, and may take copies of a minute.

9 EDW. VII.] Vermin Boards. [1909, No. 10.

32. Every minute purporting to be such minute as aforesaid Minute-books and and to be so signed, or a copy of or extract from any such minute certified extracts	rteenic	• eef. rom evi.
purporting to be attested by the seal of the Board, shall be re- ceived as evidence in all Courts, and before all persons, without proof that the meeting to winch the same refers was duly con- vened or held, or that the persons attending thereat were members of the Board, or of the signature of the chairman, or of the fact of Ins having been such chairman, or of the affixing of the seal ; but all such matters shall be presumed until the contrary is proved.

33. The Governor may suspend the powers and functions of a

Suspension or

abolition of

Board for such time as he may think proper, or may abolish a	Boards.
Board if it shall appear to him that such Board

(a.) Refuses or neglects to perform the duties and functions imposed and conferred upon such Board by this Act;

Or

(b.) Refuses or neglects to declare or levy any rates which

such Board should declare or levy; or

(e.) Makes default in the due payment of an instalment of

principal and interest due on a loan; or

(d.) Has misappropriated or has appropriated for any pur- pose not contemplated by this Act any of the moneys at the disposal of the Board, or any part of the rev- enue of the Board.

34. When the powers and functions of a Board are suspended Effect of aboli-

or the Board is abolished, the Governor may authorise the Minis- ties and suspen-	sion.
ter to exercise all the powers, authorities, functions, and duties of the Board so suspended or abolished during the suspension of the Board, or until a new Board is appointed or elected.

All property, real and personal, and all powers, authori- ties, immtunties, rights, privileges, functions, obligations, and	Property, etc., to
vest in Minister.
duties vested in or imposed on the Board by any means whatso- ever shall, by force of this Act, be transferred to and vested in the Minister while the powers and functions of the Board are sus- pended, or upon the abolition of the Board.

35.

PART V.—POWERS OF BOARD.

(1.) lit relation to fences.

36. (1.) The Board may Powers of Board.

(a.)	Erect fences or improve existing fences;
(b.)	Alter, maintain, repair, or renew fences ;
(c.)	Affix wire netting or other appliances to fences;

1909, No. 10.] Vermin Boards. [9 EDW. VII.

(d.) Search for and destroy vermin and take such means

as may appear to be expedient for the destruction

of vermin.

(2.) The Board, for the purposes aforesaid, and its officers, servants, and agents

(a.) May enter upon any lands within the District;

(b.) May cut timber thereon;

(c.) May clear the land on each side of any fencingerec-

ted or to be maintained by the Board ; and

(d.) May do all other acts and things necessary or ex-

pedient

without being liable to any owner or occupier upon any claim or

demand whatsoever in respect thereof.

Power of Board	37. The Board may cause to be affixed and kept affixed to any
to affix wire net-

ting, etc., to	fence within the District, whether it was erected by the Board or
fences.	not, wire netting or any other appliance which the Board think desirable for the purpose of preventing the incursion or migration of vermin.

Control of Board 38. The Governor may place under the control of the Board

over fences. any fence heretofore or hereafter erected at the public expense.

con tributions by 39. (1.) If any fence erected by or under the control of the

owners. Board is, with the consent of the Board, made use of by the owner of any holding in fencing his holding, such owner shall become liable to pay to the Board an annual sum equal to interest at the rate of five pounds per centrist per annum upon the value to such owner of the fence so made use of.

(2.) If any such fence is, with the consent of the Board,

made use of by the owners of adjoining holdings as a dividing fence in fencing their holdings, each owner shall become liable to pay to the Board an annual sum equal to interest at the rate of five pounds per centinn per annum on a moiety of the value to such owner of the fence so made use of.

(3.) If any fence belonging to the owner of any holding is

altered, repaired, improved, or renewed by the Board, such owner shall become liable to pay to the Board an annual sum equal to in- terest at the rate of five pounds per centum per annum on the cost of such alteration, repair, improvement, or renewal.

Enforcement of 40. Upon any liability arising under the last preceding section,

contrffintion. the following provisions shall apply:

(1.) The annual sum or interest shall become a debt due to

the Board from the owner and his successors in title,

9 Enw. VII.] -Fermin Boards. [1909, No. 10.

(2.) The annual sum or interest shall be payable on the same day in every year, mid such day shall be fixed by the Board.

(a) If default is made in respect of any annual sum so pay- able by way of interest as aforesaid, such annual sum, together with one-tenth more by way of penalty, shall be recoverable, and payment thereof may be en- forced by the Board in the same manner in which rates under this Act may be recovered, and payment thereof enforced by a Board.

(4.) The owner of the holding may at any time pay to the Board the capital amount in respect of which the annual sum is so payable by way of interest as afore- said, together with all such interest for the time be- ing due or owing to the Board.

limn such payment as aforesaid, the Board shall give to such owner a certificate stating that the annual sum so payable by way of interest as aforesaid is redeemed.

41. 11 any dispute shall arise between the Board and the owner Disputes to be

of any holding as to the value of any fence, or the cost of the alter- determined by	arbitration.
ation, repair, improvement, or renewal of any fence, such dispute shall be determined by arbitration under the provisions of " The Arbitration Act, 1895."

(2.) In relation to the Destruction of Vermin.

A Board may cause to be served upon the owner of any holding situated wholly or partly within the District, a notice in	Notice requiring
measures to be
taken for destruc-
writing and requiring such owner to forthwith take effective	tion of venni n.
measures for the destruction of vermin on such holding.

42.

(1.) If the owner shall, for a period of thirty days after the service of such notice, neglect or fail to comply with the re-	Consequences of failure to comply
with require-
quirements thereof, the Board may authorise any person, with or	ments of notice.
without assistants, to enter upon the holding and take all such measures, and do all such things as to him may appear expedient, for the *purpose of ensuring the destruction of vermin upon the holding.
(2.) Any person so authorised may enter and remain upon the holding, with or without assistants, and may take any such measures, and (to any such things (hiring such period as may in his opinion be necessary for such purpose as aforesaid.

43.

If the person so authorised is satisfied that such owner is doing all such acts, matters, and things as may he necessary for	Postponement 01' entry on run and
withdrawal there-
the destruction of vermin on the holding, such person may from	D. M.
time to time postpone entering upon the holding, or in the event of

44.

1909, No. 10.1 Vermin Boards. [9 Elm. VII

his having entered, may withdraw therefrom upon the owner pay- ing all costs, charges, and expenses incurred by such person up to the time of such withdrawal.

Recovery of costs. 45.

Where any person so authorised has incurred any costs, charges, or expenses in taking or destroying vermin found upon the holding, the amount of such costs, charges, and expenses shall be recoverable from the owner, and payment thereof maybe en- forced by the Board in the same manner in which rates may be recovered, and payment thereof enforced under this Act.

charges, and ex-

penses.

Bonuses for	46.	A Board may grant bonuses for the destruction of vermin
destructi on of

vermin.

within its District at such rates and subject to such conditions as

may be prescribed by regulation.

PART VI.—FONDS OF Bo A RDS.

(1.) Rates.

Funds of Boards, 47.

For the purpose of creating a fund for carrying out the provisions of this Act, the Board of each District shall, in every year, make and levy a. vermin rate on every holding within the district :

Rates.

Provided that such rate shall not in any year exceed two shill- ings for every one hundred acres of a holding :

Provided also that no rate shall be made or levied on any holding of less than one hundred acres.

Notification of 48. A rate shall be deemed to have been duly made on an entry

assessment.	thereof being made in the minute book of the Board:
Provided that notice thereof shall be served on the owner or manager of every holding on which such rate is made and levied.
Second assess-	49. A Board may make and levy a second rate during any year : Provided that the amount of a second rate so made and levied within one year shall not, together with the first exceed two shillings for every one hundred acres.
ment in one year.

Recovery of rates. 50. (1.) Rates shall be paid to the Board, and shall be payable

forthwith after the making thereof, and may be levied and recovered by or under the authority of the Board by distress in like manner as rent under a lease is recoverable, or in a summary way before two or more Justices of the Peace.

(2.) Where any such rate is levied by distress, a warrant under the hand of the chairman of the Board shall be a sufficient warrant and authority.

Exemption from 51. If the moneys actually raised by a rate within any

assessment in eer- District and remaining unexpended at the end of any year appear taro eases.

9 EDW. VII.] Vermin Boards. [1909, No. 10.

to be sufficient for carrying out the provisions of this Act in such District for another year, the Governor may direct that the owners in the District shall be exempt from the payment of any rates under this Act for such period as he may think fit.

(2.) Loans.

52.

The Minister may, from time to time, advance to any Board by way of loan, out of any moneys appropriated by Parliament for that purpose such sums as the Minister may think fit for carrying out the provisions of this Act. Loans to Boards.

53.

All moneys so advanced to a Board, together with interest thereon, shall be repaid to the Minister as may be agreed upon at	Repayment of
loans.
the time of granting the loan :
Provided that the Minister may permit a Board to pay off the whole or any portion of any moneys at any time before the same may become clue ; and in such case the Board shall be en- titled to a proportionate rebate of interest, to be adjusted by the Minister.

54.   During the currency of a loan to a Board all moneys de- Application of

p n of

rived from rates levied by the Board in each year shall be repayment ofin

applied for the purpose of paying the instalments payable to the loans.

Minister during that year, and the surplus only of such moneys shall be applicable for the other purposes prescribed by this Act.

55.   If at any time the payments due by a Board to the Minister Ministers powers

are in arrear, the Minister may forthwith take possession of any in case of default.

moneys and other property vested in the Board, and may make and levy rates under the provisions of this Act, and for that purpose shall have and may exercise all the powers of the Board.

56.   The Minister shall, from time to time, be allowed credit for Discharge. of

any sum or sums of money advanced or paid by him to any Board Minister sums

in pursuance of the provisions of this Act; and a receipt under the advanced.

hand of the chairman or clerk of the Board shall be sufficient dis- charge of the Minister in respect of such sum or sums of money respectively.

(3.) Application of Funds.

All moneys received by a Board under this Act shall be paid into a fund called The Vermin Fund of the District, and shall

Disposal of

moneys received

by Board.

be applied for all or any of the purposes following, that is to say

57.

(1.) For defraying the necessary expenses of the adminis- tration of this Act within the district, including the reasonable travelling expenses of the members of the Board and its officers and servants ;

1909, No. 10.] Vermin Boards. F9 Enw. VII.

(2.)	For defraying the cost of the erection, alteration, im- provement, maintenance, or renewal of fences for the purpose of preventing the inclusion or migra- tion of vermin ;
(3.)	In payment of the interest on and in repayment of the

principal of any loan to the Board ;

(4.) For defraying the cost of the destruction of vermin

within the District.

PART VII.—OFFENCES AND PENALTIES.

Continuing to act 58.

as member when If any member of a Board who is disqualified or whose

disqualified,

office has become vacant continues to act as a member of the Board,

he shall be liable to a penalty not exceeding fifty pounds.

Destruction of

59. Any person who in a Vermin District, without the sanction of the Board, cuts, breaks, injures, or destroys any -fence to which wire netting or any other appliance for preventing the passage of vermin is affixed, or any wire netting or other such appliance affixed to a fence, shall be liable to a penalty not exceeding one hundred pounds and not less than twenty pounds.

fences, etc.

Leaving open 60.

Any person who in a Vermin District wilfully or negli- gently leaves open a gate in a fence erected for the purpose of preventing the passage of vermin, or causes any cattle or sheep 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 one hundred pounds.

gates, etc.

Obstruction of

Any person who obstructs, or resists, or hinders any au- thorised person in the prosecution of his work or in the execution of any power vested in him under or in pursuance of the pro- visions of this Act shall be liable to a penalty not exceeding fifty pounds.

authorised per- 61.

sons.

Recovery of

All penalties incurred for any breach of this Act or any

regulation thereunder may be recovered in a summary way before

any two or more Justices of the Peace.

penalties. 62.

Proof of amount

In any proceedings to recover the amount of any costs, charges, or expenses recoverable by a Board, it shall be sufficient to produce the certificate of the Board signed by the chairman, and such certificate shall be prima facie evidence that such costs, charges, and expenses were actually and lawfully incurred by a person authorised by the Board in that behalf, and the onus of disproving the amount shall be upon the defendant.

of costs, charges, 63.

or expenses.

9 EDW. VIT.] Vermin Boards. [1909, No. 10.

The description of any holding inserted in any notice under this Act need not define the land referred to, but shall be sufficient if it make such reference to the land, either by name or boundaries or otherwise, as to allow of no reasonable doubt as to what land is referred to. Description of run in notice.

64.

In any case where a notice is required to be served upon the owner or manager of a holding, such notice may be served upon such owner or manager either by delivering the same to him per- sonally or to his agent, or by leaving the same at his usual or last known place of abode, or by posting the same as a letter addressed to him at his usual or last known place of abode. Service of notice.

65.

No person shall be deemed a trespasser or be liable for any damage occasioned by him by reason of the execution of any of

Indemnity to per-

sons acting in

execution of

the powers vested in him under or hi pursuance of the provisions

powers conferred

by Act.

of this Act unless such damage is occasioned otherwise than in

the reasonable exercise of such powers :

Provided that before any poison is laid upon any holding by any such person he shall give to the owner of such holding seven days' notice in writing stating when and where such poison is to be laid.

66.

The Governor may make regulations for carrying this Act into effect, and may impose a penalty not exceeding twenty	Power to make
regulations.
pounds for any breach thereof.

67.

By Authority Fl FD Simpson, Printer, Perth.