Vermin Destruction Act 1882 (SA)

ANNO QUADRAGESIMO QTTINr.O ET QUADRAGESIMO

SEX'S0

No. 262.

An Act to provide for the Destruction of Vermin.

[Ass~tzted to, Nov~mber 17t4 1882.1

HEREAS it is dcsiral~lc to provide for the clestruction of Preamble.

vermin-Be it therefore Enacted by the Governor of the

Yrovince of South hs tn t l ia, with the advicc and conscnt of the Legislative Council and House of Assembly of t l ~ c said province, in

this prevent Y arliarncnt assembled, as follows:

1. This Act may be for all purposes citcd as the " Vermin Shorttitle.

I)estruction Act, 1882."

2. I n the construction and for the purposes of this Act, the words Intevetation.

and expressions following shall have and indnde the respective mcanings hereinafter assigned to them, unless there be something in

the subject matter or context repugnant thereto, that is to say-

"Vermin" shall inc l~de kangaroos, wallabies, and other marsupials,

dingoes or native dogs, dogs run wild, dogs at large, rabbits, eaglehawks, and any other bird or animal which the Governor, by Proclamation published in the Govel-siazcat Gueette, may declarc: t o he vermin for the purposes of this Act:

" Board " shall mean the Board of Directors of any district as constituted by this Act:

'' District " shall mekm any vermin district proclaimed under this

i4ct:

.L Authorised person " shall mean acy person authorised in writing

by n. Board, ancl all pexsoils undtr his control or orders, for

the purposes df this Act: C~ommissioner

45" & 46" VICTORIE, No. 262. --- - -

Commissioner of Crown Lands " shall mean the Commissioner

of Crown Lands for the said province for the time being:

Large stock " shall include horses and cattle:

Scalp-money " shall mean a sum payable in respect of a portion of the skin of the hcad of any vermin to which both ears are attached, or in respect of the head of any bird:

Cc Lessee " shall include the lessee of any lands under any Crown

Lands Act, or anv amendment thereof, as well as the holder of any lands under any agreement or application for a lease, or either of their assignee, overseer, superintendent, or agent:

Glovernor may pro-

claim districts. 3, The Governor, by Proclsrnation to be published in the Govern- ment Gazette, may from time to time declare any lands to be " vermin districts" for the purposes of this Act, and fix the boundaries thercof, and may from time to time in like manner cause any lands to ceasc to bc vcrmin districts, or may vary thc boundaries thereof,

G O v e m ~ x m * ~ ~ p ~ O i n t 4.

The Governor shall, upon the proclamation uf any vermin district as aforesaid, appoint five persons to be the Board of Directors for the destruction of vermin of' such district, and who shall be appointed upon the election of the lessees of land within the district, and of whom three shall form a quorum, two directors to retire every year by rotation, bcinfi those who hale becn longest

Board.

in office. Retiring directors to be ellgible for re-election.

No person shall be elected a rncmber of the Board for any district unless he shall own within the district at least one thousand drecp or two hundred and fifty large stock, or be an overseer or superin- tendent of at least five thousand sheep or one thousand large stock within the district.

The lessees of lands within any district, being the owners of

at the election of members of the Board in accordance with the large stock " or " sheep" within the district, shall. bc entitled to vote

scale contained in thc schedule hereto.

If any casual vacancy shall occur in the Board by the death, resignation, or removal of any member, the Governor may appoint a mcmbcr in the place of the member so dying, resigning, or removed,

and thc rncmbcr so appointed sl~all continue to be a member of the

Board lbr the same period as the member so dying, resigning, or removed mould have done.

the lessees of land within any district shall fail to exercise their right to elect members of the Board within six weeks after a notice shall have been published in the Gooe~nment Gazette by the Com- missioner of Crown Lands, calling upon such lessees t o exercise their right of election, the Governor may appoint members of the Board, ~ h o shall hold office for the same period, and have the same rights and duties, as if they had been clccted by such lessees.

If

45' 81 46" VICTORIK, No. 262.

Vermin Destruction Act.-1882.

7

If any member of the Board shall cease to own the .number of large stock or cattle ilrcessary to qualify him to he a member of the Board, the Commissioner of Crown Lands, who, for the purposes of this section, shall be the sole juclgc of his qualification, may recom- mend the Governor to remove such member, and he may thereupon be removed.

5, 'l'hc Board may take anv proper md lxwfd measures to PomrofBoal.d.

ensure the rlestruction, within its district, of all vermin, and for that purpose may, out of the sums of money raiscd under tlds Act, pay for such destruction sueh sums of none^ by way of scalp-money as may seem fit.

6. Upon its appointment the Hoard sha,ll, within thirty days and ~ ~ ~ ~ P o & ", ~ ~ ~ $,

thereafter. in the month of January in ealch year, recommend to the be made.

of land within the district: such rate or assessment shall not ex-	overn nor an annual rate or assessment to" be paid by the lessees
cecd-

(a.) The sum of Sixpence for every square mile held under lease

or application for lease, or othenvisc occupied within

the district for pastoral purposes: and

(b.) The sum of Two Pounds for every thousand sheep depas-

tured within the district: and

(C.) The sum of Ten Shillings for every hundred large stock

depastured within the district:

Every such rate when made in rcspect of large stock or sheep shall bc payable in respect of, and apportioned to, the actual number of large stock or sheep eo depastured, the property of, or in charge of, the lessee liable to pay the rate.

7. Such rate or assessment, on being proclaimed by the Governor Payment of assess-

in the Gove~nment Gazette, shall be the rate payable by the lessees of ment.

land within the district for the current ycar for the purposes of this

Act, and shall be payable to the Commissioner of Crown Lands at the	same time with the moneys payable by the lessees on account of
stock depasturing on the leased lands within thc district,
The Cornmissioner of Crown Lands, on rcccipt of the rate paydble by any lessee, shall remit the same to the Board of the proper dis- trict, to be by thcm cxpcnded for the purposes of this Act.
The Board may, if any lessee shall fail or neglect to pay such or assessment to the Commissioner of Crown Lands as aforesaid, by notice published in the Government Gazette, call upon every such lessee to pay the sum duc under any such rate or assessment on or hefore a day to be named in such notice; and if any such lessee shall make default in complying with the requirements of any sueh notice the Board may recover all moneys due in respect of any such lake or assessment, together with a penalty of tcn per centum, by distress of the large stock, sheep, goods, and chattels of the lessee making default, or, in the discretion of the Board, in a summary
manner. 8. It

45' & 46" VICTORIW, No. 262.

Vermin Dest~uction ~ c t. 1 8 8 2.

Lessee to destroy

vermin.	8. It shall be the duty of the lessee of any land within any distiict to make effective provision for, and to ensure the destruction of, all vermin upon the land occupied by him.
In default of lessee,

Board may destroy 9. If any lessee of land held under lease, or application for

vermin.	lease, or any occupier of land used for pastoral purposes within any district shall, after receipt by him of a notice from the Board calling upon him to destroy allverlhin upon the land occupied by him, faa to destroy such vermin within the space of thirty days from the receipt of such notice, or within such further time as the Board may appoint in suck notice, the Board, or any authorised person, map enter upon his land and use such means as may seem expedicnt to take and destroy vermin, and remove the carcasses or any portion thereof, and for that purpose may stop up any bhusrcnvs or hLles, and, after forty-eight hours' notice to the lessees and adjoining lessees (if any), may burn or destroy any brushwood or fenccs on such land which may be found to harbor vermin: Provided that proper precaution be taken to protect the said lessees from unnecessary
damage or loss from any such burning or destruction.
Board may recover
expennos.	10. The costs and expenses in cxccss of any scalp-money which may be allowed, incurred by the Board, or by any authorised person, under the provisions of the last section, shall bc paid by the lessee to the Board; and if not so paid within fourteen days after a de- mand has been made by the Board under the hand of any member thereof, may be recovered in a summary manner by the Board. For thc purposes of this section the scalp-money shall be fixed by the Board.
Onneglect of Board,
adjoining Board may	11. If any Board shall neglect to carry out the provisions of this Act, and to take proper mcasures to ensure thc dcstruction of vcrmiti within its district, it shall be lavful for the respective Boards of two or more adjoining districts to require such defaulting Board to proceed, within thirty days after the publication of a notice in the

p ~~t force.

Government Gazette, addressed to such Board, to t&e the proper

measures under this Act to ensure the dcstruction of such vermin	within its district: -4nd if, within three months after the publica-
tion of such notice, such defaulting Board shall not procccd to carry out the requirements of such notice, then it shall be lawful for the Boards of such adjoining districts to present a petition to the Governor setting out the facts, and praying the said Governor to annex such defaulting district to the districts of the petitioners for the purposes of this Act; and upon receipt of such petition the Governor shall muse the substance and prayer thereof to be published in the Government Gazette, and he may, on the expiry
of thirty days after such publication, by Proclamation in the
Government Gazette, declare that such defaulting district shall be
annexed to the districts of such petitioning Boards, and for the purposes of this 4ct, but not otherwise, shall form part thereof, whereupon the owners and lessees of land within such annexed district shall be liable to assessment, and to all ather the provisions of this Act, as if such lands were contained in the districts to which the said district shall be so declared to be annexed. 12, It

45 & 46" VICTORIrE, No. 262.

Vermin Destruction A c t. 1 8 8 2.

12, I t shall be lawful for any authorised person to enter any land Aufio~+ea pernons may enter upon land

within any district for the purpose of ascertaining if any vermin arc to ,	,h	,
thereupon; and no such person shall be deemed a trespasser by reason of such entry, or be liable for any damage thereby occasioned, unless the same shall be occasioned by his wilful act or gross negligence: Provided that every authorised person, upon being so required by the owner of such land, shall exhibit his authority, or on default he shall b2 liable to be dealt with as a trespasser.

13. This Act shall apply to all pastoral lands outside proclaimed Operation of Act.

hundreds, and such lands within proclaimed hundreds as the Govcrnor may appoint by Proclamation: Provided always that where such lands are within proclaimed hundreds, it shall not be necessary for the Governor to appoint any Board for the district, but the Commissioner of Crown Lands shall have all the powers and perform alI the duties of a Board within the meaning and for the purposes of this Act; or when such lands are within the boundaries of a District Council, the Commissioner may appoint such Council

a Board for the purposes of this Act.

14. The Board of cvery district shall be entitled to receive from Boma to looeiw

the Treasurer of the province for the time being, who is hereby ~ ~ ~ J ' '	'L'rea-
authorised to pay the same out of the General Revenue of' the said province, in respect of all vermin destroyed by such Board on Crown lands, or in respect of which such Board shall have paid scalp-money, the sevcral sums specified in the Second Schedule hereto.

in a summary manner, may be recovered before any two or more ceediogs. 15, 1411 penalties or moneys which may by this Act be recovered Summary pro-

Justices of the Peace under the provisions of the Ordinance No. 6 of 1850, intituled An Ordinancc to facilitate the performance of the Duties of Justices of the Pcace out of Sessions with respect to summary convictions and orders," or of any Act for the time being

in force relating to the duties of Justices of the Peace with respcct	t o summary convictions and orders; and all orders made by such
Justiccs may be enforced as in the said Ordinance, or in any other
Act as aforesaid, is or shall be provided.

16. The Board of any district shall require any person applying Board may require

for scalpmoney, in respect of any vermin, to produce the scalps declaration.

or heads of such vermin, and to make a declaration before a Justice of the Peace that all the vermin, in respect of which he is applying for scalp-money, have been destroyed within the district; and every person who shall, in any such declaration, wil- fully make a false statement shall be deemed to have committed

Perjury, and shall be punishable accordingly.

No person, who shall refuse to make any such declaration, shall be entitled to be paid any scalp-money by the Board in excess of the sums actually allowed to the Board under the Second Schedule hereto.

17, If

6 45" & 46' VICTORIW, No. 262.

Vermin Destruction Act .1882.

PenWfornotfivW 17. If any person neglect to make any return, or give any

inf omtion.

information required by any Board or by any authorised person for thc purposes of this Act, he shall, on conviction, be liable for every such offence to a penalty not exceeding Twenty Pounds, to be recovered in a summary manner.

t

&mm1 p ~ ~ ~ l t y. 18. Every person who shall commit a breach of any of the pro- visions of this Act, or of any regulation made hereunder, for which a penalty is not speciaily provided, shall be liable, on conviction, for every such offence to a penalty not exceeding Ten Pounds, to be recovered in a summary manner.

Registrars of ~)ogs	19, Evcry Registrar of Dogs under	The Dog Act, 1867,"
within distiiuta to

post list of dogs and	within anv district, shall post, in some conspicuous and convenient
their otvnors.	place outsbe his placc of registry, and every police ofice in the clistrict, the names of all persons who have registered dogs within his district during the current year, together with full particulars of all such dogs.

Regulations. 20, The Governor may from time to time make regulations for

the following purposes-

I. To regulate the election of members of Boards:

IT. TO regulate the place, time, and mode of meetings of Boards, the appointment of their officers, and conduct of their pro- ceedings:

111. To determine the duties, and manner of exercising the powers

by this Act respectively imposed and conferred upon

Boards:

IT. To provide for the receipt of the moneys payable under this

Act, and the mode of distribution or expenditure thereof:

v. To regulate the enforcement of rates by distress or otherwisc,

and to determine the persons by whom, and the manner in vr. To regulate the performance by the Commissioner of Crown	which, such enforcement shall be carried out:
Ldnds of the dnties of Boards within proclaimed hundreds:

VII. Generally for carrying out thc provisions of this Act:

All such regulations, when published in the Government Gazette, shall have the force of law. Peualties not exceeding Ten Pounds may be in such regulations assigned to any breach thercof, and all such penaltics may be recovered in a summary manner.

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

this Rill.

WM. F. DRUMMOND JERVOIS, Governor.

SCHEDULES

45O k 46g VICTORIZ, No. 262. - -

- -.p-- -- -

VTernzin Bestmction A c t. 1 8 S 2.

- 4

a-

SCHEDULES REFERRED TO.

FIRST SCHEDULE,

Scale of Votes at the Election of Directors.

Every lcssce within the district shall have-

For 250 cattle or 1,000 sheep ~ i t h i n the district.. .. .. 1 w t c

For 2,500 cattle or 10,0b0 sheep within the district.. .. 2 votes

For '7,500 cattle or 30,000 sheep w i t l h the district.. ..	3 votes
For 15,600 cattle or 60,000 sheep within thc district. ,	4 votes

SECOND SCHEDULE.

Money: Payable to Boards itz respect of the Dest~uction of Vemzi~~.

For every dog, the sum of Ten Shillings

For every dingo, the sum of Ten Shillings

For every eaglehawk, the sum of One Shilling

For cvery kangaroo, the sum of Sixpcnce

For every wallaby, thc sum of Fourpence

For cvery rabbit, the sum of Twopence

For all o t lw vermin, such sums as tllc Governor, by l'roclsrn~tion to be ynb -

lished in the Government Gazette, may appoint.

- -4

- - r-

:Adelaide ; By authority, E, S P ~ L E R, Government Printer, h'orth-terrace.