Vermin Proof Fencing Act 1890 (SA)

ANNO QUINQUAGESIMO TERTIO ET QUINQUA-

GESIMO QUARTO

A. D. 1890.

No. 478.

An Act to Supply Vermin-proof Fencing to District

Councils and others, and for other purposes.

[ Assmded to, October rgth, rgpo.]

E it Enacted by the Governor of the Province of South Aus-

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

1, This Act may be cited for all purposes as The Vcrmin-proof 8hort title.

Fencing Act, 1890."

6 4 1 8,

2, Part 111. of C' The Crown Lands Amendment Act, 1889," is Repeal.

hereby repealed.

3, In the construction of this Act the term- Interpret~tion.

Council " shdl mean any District Council by or under any District Councils Act established or continued:

" Commissioner " shall mean the Commissioner of Crown Lands:

Property " or a properties " shall mean the land of any 'K

occupier:

Occupier" hall includc the owncr or tenant of any land, or any person holding land from the Crown as scrub lessee, credit selector, or miscellaneous lessee, or holding land from the Crown on lease with a right of purchase or on perpetual lease:

" Special area" shall mean any land comprising the whole or

part of any district under any District Councils Act, and for

the

53" & 54" VICTORIW, No. 478.

The Vermin-proof Fenciny Act.- 1890.

the benefit of which a loan is intended to be applied, or which may bc! describecl by any order of the Governor granting any such loan:

Unoccupied Crown lands " shall mean Crown lands not leased or otherwise disposed of.

Governor may	4..	The Governor may, out of any money voted by Parliament for
authorise encloeure-of

Crown the purpose, from time to time authorise and direct the expenditure of

landdvithrabbit-

proof fence.	such sums as he mav think fit for the purposes of erecting and main- taining or contributing to the erection or maintenance of any wire netting or other rabbit-proof or vermin-proof fencing, to enclose or divide any portion of any Crown lands within hundreds, or for the purpose of dividing such Crown lands from any other lands, and may, subject to regulation, to be made as hereinafter provided, out of such money supply wire netting or vermin-proof fencing to occu- piers holding land within hundreds abutting on any Govern- ment reserve or unoccupied Crown lands or road dividing any reserve or unoccupied Crown lands from land so held (but not in the case of a road only) for the purpose of fencing in such land, and half the value of such netting or vermin-proof fencing abutting on unoccu- pied Crown lands, or roads adjoining such Crown lands; and the
entire cost of all wire netting or rabbit or vermin-proof fencing
supplied for fencing any other portion of such land shall be repaid without interest in ten equal yearly instalments, and in the meantime shall be a first charge on the land for the fencing of which it is supplied: Provided that no wire netting shall be supplied to any applicant until after report by a Government inspector.

Limitation of time. 5. No wire netting shall be supplied by the Governor to any

owncr or occupier of land within hundreds, pursuant to section 4 of this Act, at any time after the first day of January, one thousand eight hundred and ninety-one,

Repayment of expen- 6. Where any expenditure shall have been made under section 4

diture to be secured

from eubsequent	of this Act, in respect of fencing any portion of such Crown lands,
grantees.	and the same shall afterwards be sold, the Commissioner s I d l cause to be made and provided such t e r m or conditions as on such sale shall sccure the repayment to the Crown by the pewon taking such lands under such sale of such expenditure; and in case auy
part of such Crown lands shall afterwards be leased, the lessee thereof
shall covenant to keep any rabbit or other vermin-proof fencing enclosing any such lands or dividing such lands from any other lands in a good and efficient state of repair.

IJO~~

for rabbit-proof 7* Out of any money voted by Parliament for the purpose, the Governor may on the application of the Council from time to time grant a loan to any such Council, and such Council shall thereupou have power to borrow the amount of such loan accordingly for the purpose of enabling such Council to obtain materials for wire netting or other rabbit-proof or vermin-proof

fencing may be made

by Governor.

fencing

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53" & 54' VICTORIW, No. 478. 8

me Vermin-proof Fencing Act.--1890.

fencing, and to supply such materials to owners of land in any

special area for which such loan is granted.

8. No application shall be made by any Council for a loan Appli-tion to * preceded by a

until after the receipt b y the Council of a petition from the occupier or occupiers of land forming the special area in such Council.

shall-	9. Every such petition from the occupier or occupiers of land %%:pof
(1) Describe the special area for which the petitioners desire a loan to be obtained by the Council, and state the acreage of the whole of such special area and the acreage held by each aud every occupier of any part thereof:
(2) Be signed by a majority in number of the occupiers of the land in the special area:
(3) Be signed by petitioners occupying more than one-half of the

land in such area:

(4) Describe shortly the land occupied by each petitioner, and

state the acreage thereof:

(5) Give an estimate of the probable cost of the whole of the

materials for wire netting or other rabbit-proof or vermin- proof fencing required for the land in such area, and ask that the Council will apply to the Governor for a loan of the amount of such estimate:

(6) Give an estimate of the materials rcquircd for each petitioner's land and the probable cost of such material, and an estimate of the extent of fencing to be erected by each occupier; and state whether in such special area any two or more adjoining properties could advantageously

be enclosed by one continuous wire netting or other rabbit-proof or vermin-proof fence instead of being sepam	rated by dividing fences; and, if so, state in each case the
estimated cost of such continuous fence and the propor- tion thereof to be borne by every occupier of property to be enclosed by such fence:

(7) State that each petitioner signing the petition undertakes to pay to the Council in each and every year one-tenth part of his proportion of .the value of all materials for wire netting or othcr rabbit-proof or vermin-proof fencing which the Council may obtain by means of the loan proposcd to

be obtained from the Governor; and such undertaking shall,

as between such petitioner ox the occupier for the time being of the land of such petitioner or any part thereof and the Council, be deemed to be and may be enforced as

a speciality contract:

(8) State

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The Vermin-proof Fencing Act.-1890.

(8) State that each petitioner undertakes to erect on his land,

with the materials with which he may be furnished, wire netting or other rabbit-proof or vermin-proof fencing ta the satisfaction of the Council, or that he will join with other occupiers in erecting all necessary fencing:

(9) Where a petition is signed by one occupier only, the require- ments of this Act shall be complied with as nearly as possible by such occupier; and the signature of such peti- tioner, instead of being verified as hereillafter provided, shall be verified by a Justice of the Peace.

Bignaturen to

petition. 10. Every signature to m y petition shall be verified by the solemn declaration of somc person signing such petition, and such declara- tion shall be in the form or to the effect following, tha.t is to say-

I, A.B., do solemnly and sincerely declare that all the signatures

[or if the case so requiw, such und such siqnatures, describing them as initialled or otherwise marked by each declara?zt] affixed

to the above petition are the genuine signatures of the persons whose they purport to be, and that such persons are occupiers of land in the area therein referred to.

(Signed) A.B.

Declared at , before me,

, J.P., Commissioner or Notary.

No petition shall be received by any Council unless the same be

accompanied by a declaration in accordance with the provisions of

this section.

Preeentation of

petition to Council. 11, Every petition which shall be left with the clerk of the

Council shall be deemed to be duly presented.

Council to transmit

8 etition to the 12. The Council shall consider the prayer of such petition, and if

ommiasioner.	they determine to apply for a loan from the Governor in accordance therewith they shall transmit to the Commissioner such petition,
as well as any information they desire to convey in reference thereto, or which the said Commissioner may at any time xequire.
Accompanying such petition, the Council shall send an application for a loan on the terms prayed in such petition, or on such other terms as they may think fit.

Such application shall contain an undertaking to repay such loan

in accordance with the provisions of this Act.

GovernOrma~ grant

loan, 13. On the recommendation of the Commissioner the Uovernor

may by order, subject to such terms and conditions as he may think

fit, grant either the whole or any part of the loan applied for by any

Council.

If part only of the desired loan is granted, such order shall state whether the loan is for the benefit of the whole of the land described in the petition or of any specified part of such land.

Every

5 3 O & 54' VICTORILE, No. 478.

The Vermin-proof Fencing Act.-1890.

Every loan shall be payable to the Council in such instalments as shall be specified in such order, or as may be determined by any regulations made under this Act.

All land in any special area, whether or not occupied or owned by any persons signing the petition as aforesaid, shall (unless certified by the Council when forwarding the petition to be already sufficiently fenced with wire netting or other rabbit-proof or vermin-proof fencing) be chargeable with the payment of ail materials for wire netting or other rabbit-proof or vermin-proof fencing which the Council may furnish to the occupier of any such land, or which the Council may offer to furnish to the occupier of any such land, and whether the same be accepted by such occupier or not.

The proportion of the loan which each and every occupier of land in the special area shall pay to the Council shall be set out in such order.

Every such order shall be published in the Go,vernment Gazette, and shall be conclusive evidence of the statements in such order contained.

thereof, a id of all lands affected by such loan and of all the moneys be kept. 14, Full particulars of such loan and the mode of repayment Particulars of loan to

collected and received in respect thereof, and of the mode of applica- tion of such moneys and of all occupiers of land to whom materials have been furnished or offered to be furnished, and of the amount9 payable by each occupier, shall be separately kept and recorded by the Council in a book kept by such Council.

15. Every Council shall expend the whole amount or instalment h a m to be uad for

of any loan, or such part thereof as shall be necessary for the pur- for ,ire fencing,	purchase of materin16
pose, in purchasing and obtaining materials for wire netting or other rabbit- roof or vermin-moof fencing, and shall furnish or offer to furnish such materials' to the occu$ers of the lands in the

special area for the benefit of which such loan was granted, propor-

tionately to the requirements of such land. Should the full amount of such loan not be expended by the Council the surplus shall be repaid by such Council, to the Commissioner; and such Council shall give credit in the book kcpt by such Council in the preceding section mentioned to each occupier of his proportion of the amount so repaid to the Commissioner, and the proportion of such loan which each occupier is liable to pay to the Council shall be reduced accordingly.

When furnishing or offering to furnish such materials to any occupier, the Council shall notify such occupier of the amount of value of such materials.

Thereupon such amount (whether the materials be accepted by such occupier or not) shall become a debt due to such Council by such occupier.

On the first day of February in each and every year one-tenth part

of the amount of such debt shall be payable by the occupier

of

53" & 5 4 O VICTORIE, No. 478.

The Vermin-proof Fencing Act.--1890.

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of such land for the time being to the Council until the whole debt is paid, and every yearly payment shall bear interest at the rate of Eight Pounds per centum per annum from the date when the same is hereby declared payable until actual payment, and such interest shall be deemed a further debt due to the said Council by the occu-

pier,

If default is made in respect to any such yearly payment, the amount of such payment may be enforced at any time by the Council in a summary way, or by action in alry court of competent jurisdic- tion, from the occupier for the time being of such land or any part thereof,

The amount of every such yearly payment as i t becomes due shall be, and until paid shall remain, n first charge on such land: Provided that any mortgagee or encumbrancee shall be at liberty, upon any default being made in the payment of such pearly payment by the occupier, pay the said yearly payment to the Council, and such pay- ment when so made shall be deemed a part of the principal sun1 secured by the mortgage or encumbrance of such mortgagee or en- cumbrancee respectively, and be subject to the provisions, powers, and trusts thereof.

Notiae to owners to 16, When furnishing or offering to furnish any occupier of land in

erect fencing.	any special area with materials for wire netting or other rabbit-proof or vermin-proof fencing the Council shall give such occupier written notice to erect such fencing on the land for which it is furnished within a time to be limited in such notice.
Penalties.	If any occupier shall fail to comply with such notice, or if any person shall use any of such materisle cxcept for the purpose for which thev were furnished, he shall be guilty of an offence against this Act, a d shall on conviction be liable to a penalty not exceeding Twenty Pounds, to be recovered in a summary manner under Act No. 6 of 1850.
If after the time limited in any such written notice any direction therein is not complied with by the occupier to the satisfaction of the Council, then such Council shall undertake and carry out such direction at the expense of such occupier, and may recover such expense from him in a summary way or by action in any court of competent jurisdiction; and until paid such expenses shall be a charge upon the land affected, and be recoverable at any time from the occupier for the time being of such land or m y part thereof.
Adjoining owners
may encloee with	17. Any one or more occupiers of adjoining properties, with having dividing fences between such landsmay enclose the whole of such adjoining lands with a continuous wire netting or other rabbit-proof or vermin-proof fence, having, when enclosing any road, swing gates covered with wire netting.
one continuouefonoe.	the sanction of the Council, if within a special area, instead of

18. h

53' & 54" VICTORIrE, No. 478.

The Vermin-proof Fencing Act.--1 890.

18, In enclosing any two or more adjoining properties with one Power to fence acrosa

fence, it shall be lawful, with the approval in writing of the continuous wire netting, or other rab bit-proof or vermin-proof District roads, covered with wire netting be erected wherever the fence crosses such road: Provided that any gate erected across any road as in this and the preceding section mentioned shall be of the width of at least twelve feet: And provided, also, that the Council shall have power to remove any fence erected across any District road upon giving six months' notice of intention to remove such fence by notice published in the Government Guxette.

19, On the application of any two or more occupiers of adjoining Councilma~ erect

fencing on requeet of

properties in any special area who have been furnished by the ,,,,,,, vermin-proof fencing, the Council may, at thc cost and on behalf of the occupiers, undertake to erect all wire netting or other rabbit-proof or vermin-proof fencing necessary to enclose such properties, so as

to make the same secure against the intrusion of vermin, and also if

the Council thinks fit any properties any two sides of which adjoin

the same.

In the first instance, the cost of such erection may be defrayed out of the revenue of the Council, but such cost shall he repaid to the Council by the occupiers of any land so fenced in such propor- tions as they may agree upon among themselves, or, failing agree- ment, as the Council shall finally determine.

No Council shall undertake to erect any such fence on any land until the occupiers thereof shall have entered into bonds conditioned to repay the actual cost of erecting such fencing in the manncr aforesaid.

Every such payment shall become a, charge upon the land of such occupier, or the owners thereof, in the proportion agreed upon as	,
by action in any court of competent jurisdiction, from the occupier	aforesaid, and may at any time be recovered in a summary way, or

for the time being, of such land, or any part thereof.

20. The amount of the loan granted under this Act by the Repayment of loan.

Governor to any Council shall, within ten years, and without in- terest, be repaid to the Commissioner by the Council by yearly payments received from occupiers or owners of land, or out of the revenue of the Council.

I t shall be the duty of such Council to takc all proper steps to recover all moneys due from any occupier or owner.

All such moneys received by the Council shall be paid to the Commissioner within fourteen days after the receipt of the same.

any Council of any moneys so recovered, or in the event of one- by Council. 21, In default of payment being made to the Commissioner by Procedure on d e ~ t

tenth part of any loan made to such Council not being fully repaid

to

53O & 54O VICTORIE, No. 478.

The Vermin-proof Fencing Act.-1890.

to the Commissioner either by means of the moneys received from occupiers, or out of the revenue of the Council, before the first day of May in each and every year, it slmll become the duty of the said Commissioner to make and sign a certificate to that effect, which certificate shall be primd f ~ c i e evidence that the sums therein men- tioned are due and unpaid, and the amount mentioned in such certificate, or any part thereof, remaining unpaid may be deducted

by the Comn~issioner from any subsidy granted to thc Council.

The Commissioner may thereupon apply to the Supreme Court, or any Local Court, to appoint, and the Supreme Court, or any Local Court, shall thereupon appoint, some person or persons (not exceeding three) to be a receiver or receivers to collect all yearly pay- ments due in respect of materials for fencing, as the Court may direct.

Such person or persons s l d l act under the directions of, and may from time to time he removed by, thr Court by whom such appointment was made.

rowera.

22. The person or persons so appointed may exercise all the

powers of the Council for the purpose of collecting such payments.

Receivers'

commission.

23. Every such person shall bc entitled to such remuneration for his mrvices as the court making this appointment shall direct.

Application of

moneys recovered by 24. Such person or persons shall apply all moneys received by

receivers. him or them in payment of all proper costs and expenses, including his or their eom~nission, and in payment and discharge of the whole amount duc for principdl in respect of any loan made undcr this Act of' which he or they hnvr been appointed, and the surplus, if any, shall be paid to such Council.

POW~FJ of re cove^. 25. For the more effectual recovery of moneys due to anv Council

under this Act, such Council, in addition to any powem in this Act

as are conferred on Councils with rcgard to unpaid rates under any contained, shall also have the like powers of enforcement and recovery District Councils Act.

Evidence of rnonoys

owing on land. 26. 111 any proceediug whatever where it may be desired to

prow the amount of any payments then due or hereafter payable under this Act, in respect of any land, a certificate as to such amount, signed by the Commissioner or Clerk of the Council, shall be primti facie evidence as to such amount.

Additional Power to

make by-laws. 27. The Council shall have power to make by-laws pursuant to the provisions of the ' c District Councils Act, 18S7," or any Act amending the same, for---

(1). Apportioning the liability of every occupier of land in any

special area:

(2) Facilitating

53" & 54" VICTORIW, No. 478.

The Vermin-proof Fencing Act.--1890,

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(2). Facilitating and regulating the collection and recovery of all moneys due and payable to such Council pursuant to this Act: and

(3). Generally carrying out the provisions of this Act.

28. For the purposes of this Act any receiver shall have recourse Receiver to have recourse to booke,

to all books and documents under the control of the council, and &C., of the Council.

may make extracts therefrom at all reasonable times without fee.

29, The power conferred by this Act on any Council of obtaining Power to obtain loans to be in addition to

loans shall be by way of addition to any power to borrow conferred	p o w ~ t o b o r r ~ w u n d ~ r
on any such Council by " The District Councils Act, 1887."	District Counci~s ~ c t.

30. All loans so granted as aforesaid shall be expended by the bans to be expended to Commissioner's

Council, to the satisfaction of the Commissioner. satisfaction.

provisions of the " Fencing Act, 1865," shall apply to all fences less.'* 31. From and after the coming into operation of this Act, the $~~$?~~,

erected under this Act. and in the application of the said " Fencing Act, 1865," the word fence " shall mean any vermin-proof fence erectcd under the provisions hereof.

32. The Governor may from time to time make regulations for Regulationa.

providing for the nature of the rabbit-proof or other vermin-proof fences to be erected in pursuance of this Act, and generally for carrying the purposes of this Act into effect.

33, For the purposes of '' The Rabbit Suppression Act, 187 9," Interpretation of

the expression " authorised person," in addition to the meaning " authorised person."

assigned to it by the said Act, as regards anything to be done within

the-boundaries of any District under any ~ist"rict Councils Act,

shall mean " any person authorised in writing by the Council, and

all persons acting under him."

34. A general notice resolved upon by any District Council for Gazette notice deemed

the simultaneous destruction of rabbits, and advertised for four personal service.

successive weeks in the Gazette, shall, for the purposes of this Aot,

be deemed personal service of notice to all ratepayers.

35. If, within twenty-eight days after the service of notice from Penalt~for non-

any authorised person on any owner or occupier of any land,

compliance with

whether freehold or leasehold, given pursuant to section 10 of <'The Eabbit Suppression Act, 1879," sach owner or occupier shall not commence to do everything required by such notice for the purpose of destroying the rabbits on the Iand mentioned in such notice, or, having so commenced, shall not continue to do everything required as aforesaid until all such rabbits are destroyed, such owner or occupier shall, for a first offence under this section, be liable to a penalty of not less than Two Pounds nor more than Ten Pounds and for the second and every subsequent offence under this section shall be liable to a penalty of not less than Ten Pounds nor more than Fifty Pounds. 36. For

B-478.

53O & 54' VICTORIK, No. 478.

The Vermin-proof Fenciny Act.--1 $90.

Vermin months

declared. 36. For further enforcing the simultaneous destruction of vermin

on all infested lands, and subject to the powers, authorities, and penalties provided by this Act, the months of February and March

are hereby declared to be vermin destruction months, and during

such months, so long as vermin shall be known to exist on any such land, the destruction of vermin shall be uroceeded with. This section, however, shall not be construed to that the destruc- t im of vermin shall not be enforced and proceeded with during the remainder of the year.

Commissioner may

37. The Commissioner may erect a rabbit-proof or other vermin- proof fence across any road in the said province: Provided always that there shall be a gate of a width of at least twelve feet i n any such fence. The ~dmmissionrr shall have power to remove such fence and shall have power to order the removal of any fence erected across any road, if, in his opinion, it shall be necessary for the public convenience: Provided a1 ways that six months' notice of such removal shall, by notice puFlishcd in the Government Gazette, be given to occupiers affected by such fence, to enable them to erect the necessary fencing for the protection of their land.

fences across roads.

e8ct wmin-pr*r

Penalty for destroy- 38. Any person who shall wilfully and unlawfully destroy or

g U f injure any rabbit-proof or other vcrtnin-proof' fence or gate, or any part

Penalty for leaving

open gate. thereof, shall, on conviction thereof, be liable to a ~ena l tv not

exceeding ~ w e n t ~ Pounds, or to bc'irnprisoned for a i y term not

exceeding six months. Any prson wilfully leaving open anv gate erected across any road under the provisions of this Act shall be liable to a fiue not exceeding Five Pounds, to be recovered in a summary manner under. the provisions of Act No. 6 of 1850.

Proof of existence of 39. Proof that thcre arc on m y land burrows showing signs of

rabbits. having been recently used bv rabbits, or other signs of thc presence of rabbits, slmll be yrintd facie cvidence of the cxistencc of rabbits on such land: And proof' that such signs are not being diminished on any land shall be prinzti facic evidence that the occupier is neglecting to do what is required by any notice which has been served pursuant to section 35 of this Act.

Pendtyford&roying 40, Any person who shall hereafter t r q or destroy, or attempt

n"uralenemy rabbit. of to trap or dcstroy any animal, reptile, or bird which the Commis- sioner, by proclamation published in the Government Gdzettc, shall declare to be a natural enemy of the rabbit in any district which by similar proclamation may be declared to be a vermin-infested district, shall be guilty of an offence against this Act, punirhable on summary conviction by e penalty not exceeding 'Twenty Pounds.

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

this Rill.

KINTORE, Governor,

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Adelaide : by authoritv. C E. B a ~ ~ r o w: Govmunent Printer, Rorth-terrace.