PASTURES PROTECTION ACT.

Act No. 35, 1934. An Act to provide for the protection of pastures;

to provide for the constitution of pastures protection boards, and dingo destruction boards; to amend the law relating to the branding and earmarking of sheep, travelling stock reserves, public watering-places, the destruction of noxious animals and certain other matters; to validate certain matters; to amend the Local Government Act, 1919, and certain other Acts; to repeal the Pas­tures Protection Act, 1912, and the Acts amending the same, and the Public Watering-places Act, 1900 ; and for purposes connected therewith. [Assented to, 14th November, 1934.]

BE i t enacted by the King 's Moot Excellent Majesty, b y and with t he advice end consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Par l iament assembled, and by the author i ty of the same, as follows :—

P A R T I.

P R E L I M I N A R Y .

1. ( 1 ) This Act m a y be cited as the " P a s t u r e s Pro tec t ion Act, 1 9 3 4 . "

( 2 ) This Act shall commence on a day to be a p ­pointed by the Governor and notified by proc lamat ion published in the Gazette.

2. This Act is divided into P a r t s , as follows:—

P A R T I . — P R E L I M I N A R Y — s s . 1 - 4 .

P A R T I I . — P A S T T J K E S P R O T E C T I O N D I S T R I C T S A N D

B O A R D S — s s . 5 - 2 4 .

P A R T

P A R T I I I . — R A T E S — S S . 2 5 - 4 0 .

P A R T I V . — T R A V E L L I N G S T O C K A N D T R A V E L L I N G

S T O C K A N D C A M P I N G R E S E R V E S — s s . 4 1 - 6 7 .

P A R T V . — P U B L I C W A T E R I N G - P L A C E S — s s . 6 8 - 7 8 .

P A R T V I . — N O X I O U S A N I M A L S — S S . 7 9 - 1 0 8 .

D I V I S I O N 1.—General—ss. 7 9 - 9 1 .

D I V I S I O N 2.—Alsatian Dogs—ss. 9 2 - 9 5 .

D I V I S I O N 3.—Dingo destruction districts—ss. 9 6 - 1 0 8 .

P A R T V I I . — R A B B I T , M A R S U P I A L , A N D D O G - P R O O F

F E N C E S — s s . 1 0 9 - 1 4 3 .

D I V I S I O N 1 .—Wire netting—ss. 1 0 9 - 1 1 6 .

D I V I S I O N 2 .—Fences—ss. 1 1 7 - 1 2 8 .

D I V I S I O N 3 .—Barrier fences—ss. 1 2 9 - 1 3 4 .

D I V I S I O N 4 .—Procedure—ss. 1 3 5 - 1 4 2 .

D I V I S I O N 5.—Offences—s 1 4 3 .

P A R T V I I I . — B R A N D I N G A N D E A R M A R K I N G O F S H E E P

—ss. 1 4 4 - 1 5 7 .

P A R T I X . — M U S T E R I N G — s s . 1 5 8 , 1 5 9

P A R T X . — G E N E R A L P R O V I S I O N S — S S . 1 6 0 - 1 7 3 .

S C H E D U L E .

3. ( 1 ) The enactments mentioned in the Schedule to this Act a re to the extent therein expressed hereby repealed.

( 2 ) The repeal of any enactment by this Act shall not opera te to break the continuity of existence of a pas tu res protect ion dis t r ic t or of a board exist ing a t the commencement of this Act, and—

(a) boards continued under this Act shall have and enjoy as far as re la tes to any previous or pend­ing t ransac t ion or mat te r , all r ights , powers , protect ions, and p r o p e r t y acquired by them, and be subject to all liabilities incurred or indem­nities given by them under the enactments repealed by this A c t ;

(b)

(b) all proclamat ions and notifications made, and all sanctions and notices given under the enact­ments repealed by this Act the operat ion of which is not exhausted a t the commencement of this Act, shall be deemed to have been made and given under the cor responding provisions (if any) of this Act, and shall have and take effect accordingly;

(c) the cha i rman and directors of any board elected or appointed under the enactments repealed by this Act and holding office a t the commencement of this Act shall continue to hold office until the th i r t ie th day of Apr i l in the year one thousand nine hundred and thir ty-seven.

(d) all electoral rolls p r epa red under the provisions of the enactments repealed by this Act and in force a t the commencement of this Act shall be rolls of electors under this Act unt i l fresh rolls of electors a re compiled and are in force under this A c t ;

(e) subject to subsection four of this section all ra tes , charges , fees, and sums of money which under the enactments repealed by this Act are a t the commencement of this Act due and payable to or leviable by or for the board of any distr ict shall be paid to and may be var ied, levied, and recovered by the board of the distr ict and such ra tes , charges , fees, and sums of money (in­cluding money which by the operat ion of t ha t subsection is payable to or recoverable by the Minis ter ) shall remain a charge on land unt i l p a y m e n t ;

(f) all regula t ions made under the enactments repealed by this Act and in force a t the com­mencement of this Act shall continue in force so fa r as they may be applicable as though made under this Act unti l repealed, replaced, or amended by regula t ions made under this Ac t ;

(g) all appoin tments of officers duly made under the enactments repealed by this Act, and which have not been te rmina ted at the commence­ment of this Act, shall continue and be of the same force and effect as if made under this Act ;

(h)

(h) any permi t to t ravel or to graze stock on a reserve or other place, and any license to keep live rabbi ts or hares issued under the enactments repealed by this Act, and in force a t the com­mencement of this Act, shall continue in force for the period for which it was granted , subject to the provisions of this Act ;

(i) pr inted notices, forms, books, and formal docu­ments prescr ibed and customari ly used under the provisions of the enactments repealed by this Act may, so far as they a re applicable, and until new forms are prescribed, be regarded as sufficient under this Act ;

(j) every public watering-place declared or estab­lished in accordance with the provisions of the Public Water ing-places Act, 1900, or proclaimed in accordance with the provisions of section four hundred and ninety-seven of the Local Govern­ment Act, 1919, and in existence a t the commencement of this Act, shall be deemed to be a public watering-place declared under the pro­visions of this Ac t ;

(k) every lease of a public watering-place gran ted under the enactments repealed by this Act and in force a t the commencement of this Act shall continue in force for the unexpired por t ion of the t e r m thereof, and the lessee shall be subject to the same r ights , obligations, and liabilities as if the lease had been gran ted under the pro­visions of this Ac t ;

(1) every care taker of a public watering-place appointed by the Minis ter or a council under the Public Water ing-places Act, 1900, or section four hundred and ninety-seven of the Local Government Act, 1919, and whose appoin tment has not been te rminated before the commence­ment of this Act, shall be deemed to be appointed by the controlling au thor i ty consti tuted by this Act.

The general i ty of this subsection shall not be affected by any saving in any other section of this Act, nor shall this section limit any saving in the In te rp re ta t ion Act of 1897.

(3)

(3) (a) Where before the commencement of th is Act the council of any municipal i ty or shire has effected improvements on any public watering-place (other than a public watering-place which has been declared to be a town wate r supply) to which the provisions of pa ra ­g r a p h (j) of subsection two of this section apply, such council shall be entit led to compensation for the improve­ments in accordance with this subsection.

(b) A claim for compensation shall be made to the board which under this Act becomes the controll ing au thor i ty of the public watering-place.

Such claim shall not be made la ter than one year af ter the commencement of this Act.

(c) No such compensat ion shall be payable unless the Minister for Agr icul ture has certified in wri t ­ing under his hand tha t compensation is p roper ly payable .

(d) The amount payable as compensation shall not in any case exceed the cost of such improvements .

The amount of compensation shall be fixed by agree­ment between the board and the council.

W h e r e the board and the council fail to agree in r e g a r d to the amount of compensation, the amount shall be determined by the local land board.

Any amount payable as compensat ion may be paid by the board to the council in such ins ta lments as m a y be agreed upon by the board and the council, and where the board and the council fail to agree then in such instal­ments as shall be determined by the local land b o a r d : P rov ided tha t no in teres t shall be payable by the board to the council on any such amount .

(4) W h e r e p u r s u a n t to any enactment repealed by this Act money was voted by P a r l i a m e n t for the purchase of wire-net t ing or other mate r ia l s used in the construct ion of rabbit-proof fences or any machinery, plant , or sub­stances for the dest ruct ion of rabbi ts , and such money was applied or lent in the manner provided in tha t enact­ment, the following provisions shall have effect:—

(a) The liability of the board of any dis t r ic t to the Colonial T r e a s u r e r in respect of such net t ing , mate r ia l s , machinery, p lant or substances, shall be reduced by an amount equal to the amount

which,

which, by the operat ion of p a r a g r a p h (b) of this subsection, becomes payable to and recoverable by the Minister.

(b) All moneys and l iquidated and unliquidated claims which, immediately before the commence­ment of this Act are payable to or recoverable by the board of any distr ict in respect of such net t ing, mater ia ls , machinery, p lant or sub­stances sold or let to owners of p r iva te land shall be moneys and l iquidated and unliquidated claims payable to or recoverable by the Minister.

(c) All suits, actions, and proceedings pending immediately before such commencement at the suit of the board of any dis t r ic t in respect of such net t ing, mater ia ls , machinery, p lant or sub­stances sold or let to owners of p r iva te land shall respectively be suits, actions, and proceedings pending at the suit of the Minister .

(d) The Minis ter may pursue the same remedies for the recovery of any such moneys and claims and for the prosecut ion of such suits, actions, and proceedings as the board might have done bu t for this Act.

(e) The Minis ter may enforce and real ise any securi ty or charge exist ing immediately before such commencement in favour of the board, in respect of any such moneys and claims as if such security or charge were existing in favour of the Minister .

(f) The p rope r ty in any net t ing or other mate r ia l s and the r ight to recover any contr ibution which, by the operat ion of any enactment repealed by this Act have passed to and become vested in the board of any distr ict consequent upon the for­fei ture or su r render of a holding, and immedi­ately before the commencement of this Act a r e the p rope r ty and r ight of such board shall pass to and vest in the Minister .

I n this subsection " t h e M i n i s t e r " means the Minis ter to whom the adminis t ra t ion of P a r t V I I of this Act is committed.

( 5 )

(5) W h e r e in any form or document used after the commencement of this Act reference is made to the pro­visions of any 'enactment repealed by this Act the reference shall be deemed to be a reference to the corresponding provisions (if any) of this Act.

(6) W h e r e in any Act, ordinance, regulat ion, or by-law reference is made to the provis ions of any enact­ment repealed by this Act such reference shall be deemed to be to the corresponding provisions (if any) of th is Act.

(7) The repeal of any enactment by this Act shall not affect any liability of a board or other person to the Crown or the remedies for the enforcement thereof. F o r the purpose of recovery of the amount due, any such liability shall be deemed to have been incurred under this Act.

(8) The provisions of subsections one, two, three and four of section one hundred and five of the P a s t u r e s Protec t ion Act, 1912, as amended by the P a s t u r e s P r o ­tection (Amendment) Act, 1918, and the P a s t u r e s Pro tec t ion (Amendment) Act, 1920, shall as from the da te of the commencement of the P a s t u r e s Protec t ion (Amendment ) Act, 1920, be deemed to have applied and to have been in force in the pas tu res protect ion dis t r ic ts enumerated in the notification in the Gazette da ted the eighth day of December, one thousand nine hundred and twenty, and published on the seventeenth day of Decem­ber, one thousand nine hundred and twenty, and shall apply and be in force in such pas tu res protect ion dis­t r ic ts until a l tered by notice in the Gazette or unt i l the commencement of this Act, whichever shall first happen, but this subsection shall not affect any legal proceedings pending at the da te on which this subsection takes effect.

This subsection shall take effect on whatever da te this Act is assented to by or on behalf of His Majesty.

4. In this Act, unless the context or subject-mat ter otherwise indicates or requires ,—

" Boa rd " means the pas tu re s protect ion board for any distr ict consti tuted or continued by or under this Act.

" B r a n d " means a fire or colour b rand on any sheep. " C a r r i e r "

" Car r i e r " means any person engaged in the t r ans ­por t of goods on any public road for fee or reward .

" Catt le " means any bull, cow, ox, heifer, steer, or calf.

" Centra l Division " has the meaning given to the expression in the Crown Lands Acts .

" Colour b rand " means any b rand made by means of pitch, tar , paint , or any pigment.

" Crown lands " means crown lands as defined in the Crown Lands Consolidation Act, 1913.

" Crown Lands Acts " means the Crown Lands Con­solidation Act, 1913, and all amending Acts, and includes the Closer Set t lement Act, 1904, and all amending Acts, and the Re turned Soldiers Set t lement Act, 191G, and all amending Acts .

" Distr ict " means any pas tu res protection distr ict consti tuted or continued by or under this Act.

" Dis t r ic t Surveyor " means a distr ict surveyor appointed for the purposes of the Crown Lands Consolidation Act, 1913.

" Dog-proof," see " Rabbi t -proof ." " E a r m a r k " means a mark cut out of the ear of a

sheep. " E a s t e r n Division " has the meaning given to the

expression in the Crown Lands Acts. " F i r e b rand " means any brand made by means of

heat . " Holding " means any land or collection of adjacent

lands const i tut ing and worked as one p r o p e r t y whether or not held under the same title or different t i t les or t i t les of different kinds and whether in the same pas tu res protect ion distr ict or not.

Hor se " means any horse, mare , gelding, colt, filly, foal, ass, or mule.

" Inspector " means the inspector of stock for the distr ict .

" La rge stock " means horses, cattle, and camels. " Local land board " means local land board as

const i tuted and defined under the Crown. Lands

L a n d s Acts , and in re la t ion to the W e s t e r n Division means local land board const i tuted and defined under the Western Lands Acts .

" Marsup ia l " includes any kangaroo , wallaroo, wallaby, or paddymelon.

" Marsupia l -proof , " see " Rabbi t -proof ." " Nat ive dog " includes any dingo or any dog what­

ever which has become wild. " Occupier "

(a) means the person for the t ime being en­titled to the possession of any land, and except for any purpose of this Act re la t ­ing to the obligation to pay any ra te , expenses or contribution, includes where the person so entit led does not reside on the land, his res ident manage r or other person in charge of the l and ; and

(b) for the purposes of P a r t V I includes the Rura l Bank of New South Wales , and the occupier or care taker of any public watering-place, and the council of any a r ea unde r the Local Government Act, 1919.

" Owner " when used in reference to land m e a n s : — (a) the holder, or the holder subject to

mor tgage , of any lease or license or promise of any lease or license from the Crown;

(b) the holder , or the holder subject to mor tgage , of any purchase , whe ther conditional or otherwise, from the Crown, or a homestead selection or homestead g r a n t ;

(c) the person entit led at law or in equity to an es ta te of freehold in possession in any land g ran ted by the Crown for other t han public pu rpose s ; or

(d) the person in whom is vested any l and taken or app rop r i a t ed unde r au tho r i t y of any s ta tu te author iz ing land to be taken or appropr i a t ed for the purpose of any p r iva te under tak ing .

" P e r m i t

" Pe rmi t officer " means any person appointed for the purpose of issuing permi t s for stock to t ravel .

" Prescr ibed " means prescr ibed by this Act or by the regulat ions.

P r i v a t e holding " and " p r iva te land " mean respectively a holding and land not including or being public land.

P r o p r i e t o r , " when used in reference to a brand, means the person in whose name the b rand is for the t ime being regis tered.

Publ ic land " means and includes land which is not the subject of any lease or license or promise of or agreement for any lease or license unde r the Crown Lands Acts or unde r any other Act author iz ing the occupation or use of land vested in the Crown; but which—

(a) is vested in the Crown, and is not the subject of any contract for the sale or g r a n t thereof; or

(b) is the subject of any dedication or per­manent reservat ion for public uses or purposes , not being for a road (whether the land has or has not been gran ted or contracted to be g ran ted for the said uses or pu rposes ) .

" Publ ic road " or " road " means any land pro­claimed, dedicated, resumed, or otherwise pro­vided as a public thoroughfare or way or any land defined, reserved, or left as a road in any subdivision of Crown lands, and for the pu r ­poses of P a r t I V includes, in addi t ion to the above, any road which has been ordinar i ly used for three yea r s at least by the public.

Publ ic watering-place " means any reserve de­clared or deemed to be declared to be a public watering-place under this Act.

" Babbi t -proof ," " marsupia l -proof ," and " dog-proof , " as applied to fences, shall mean respec­tively fences or fencing of the kind prescr ibed under this Act.

M " R e g i s t r a r

" R e g i s t r a r of B r a n d s " means the Reg i s t r a r of B r a n d s appointed under the provis ions of the Regis t ra t ion of Stock B r a n d s Act, 1921, as amended by the Regis t ra t ion of Stock B r a n d s (Amendment ) Act, 1923.

" Regula t ions " means regulat ions for the time being in force under the provisions of this Act.

" Scalp " means the head or a por t ion of the skin of the head to which both ea r s a re at tached.

" Sheep " includes r ams , ewes, wethers , and lambs. " Stock " means cattle, horses , sheep, and camels. " Teams te r " means the person for the time being

in charge of any team of working la rge stock. " Travel l ing stock " means stock dr iven or carr ied

by ra i l or otherwise on land or by a i r or by wa te r while not being used by the owner for t r an spo r t purposes .

" Travel l ing stock reserve " or " reserve " means any t ravel l ing stock route , camping place or reserve for a camping place, reserve for t ravel­l ing stock, water reserve, reserve for access to o r crossing of water , or reserve for the use of t eamste rs , notified, reserved, or dedicated for any one or more of such purposes under the provis ions of the Crown Lands Acts or the Wes te rn Lands Acts , the notification, reserva­t ion, or dedication of which has not been revoked a t the commencement of this Act, and any public watering-place.

" Wes t e rn Division " has the meaning given to tha t expression in the Crown Lands Acts .

" Wes t e rn Lands Acts " means the W e s t e r n Lands Act of 1901, as amended by subsequent Acts .

" W e s t e r n L a n d s Commissioner " means the W e s t e r n Lands Commissioner appointed under the W e s t e r n L a n d s Acts .

" W o r k i n g la rge stock " means la rge stock in use for purposes of t r anspor t .

P A R T

P A R T II

P A S T U R E S P R O T E C T I O N D I S T R I C T S A N D B O A R D S .

5 . ( 1 ) The Governor may by proclamation published in the Gazette consti tute pas tu res protect ion dis t r ic ts .

The Governor may in like manne r revoke or v a r y any such proclamat ion and any proclamat ion const i tu t ing a pa s tu re s protect ion distr ict made under the provis ions of the Acts repealed by this Act.

(2) W h e r e the boundar ies of a pas tu res protect ion dis t r ic t have been al tered a reference in any ins t rument to such distr ict shall be deemed a reference to such dis­tr ict as a l tered.

6. ( 1 ) There shall be a pas tu res protect ion board for each distr ict which shall consist of eight d i rec tors .

(2) The first general election of d i rectors unde r this Act shall be held on such date in the month of Apr i l in the year one thousand nine hundred and thir ty-seven as shall be appointed by the Minister and notified in the Gazette.

(3) A general election of d i rectors shall be held in the month of Apr i l in the year one thousand nine hundred and forty and in each th i rd year thereaf ter . The da te of each such general election shall be appointed by the Minis ter and notified in the Gazette.

(4) The date appointed by the Minister for the holding of any general election shall be a da te not less than four weeks af ter the da te upon which the notification is published in the Gazette.

(5) The directors elected at any such genera l election shall take office upon the first day of May in the year in which the general election is held and shall cease to hold office upon the th i r t ie th day of Apr i l in the th i rd yea r thereaf ter , but shall be eligible for re-election if otherwise qualified.

(6) W h e r e no p rope r election of d i rectors or of any director takes place upon the da te appointed for the holding of a general election the Minis ter may cause an election to be held on a da te to be appointed by him and notified in the Gazette or he may appoint the necessary number of persons eligible to be elected to be di rectors .

(7)

(7) The first meet ing of a board shall be held within one month after the election of di rectors .

A t such meet ing and in the corresponding month of each succeeding year the board shall elect one of i ts members to be chairman and another to be deputy-chai rman.

A chai rman or deputy-chairman shall hold office unti l his successor is elected.

The office of chairman, or deputy-chairman, shall— (a) commence on the day of his election t h e r e t o ; (b) become vacant on the day of the election of h i s

successor or on the occurrence of an extraordin­a r y vacancy in such office.

W h e r e an ex t rao rd ina ry vacancy occurs in the office of chai rman or deputy-chai rman a successor shall be elected to hold office for the remainder of the term.

I n the absence of a chai rman and deputy-chai rman from a meet ing of the board the di rectors p resen t shall elect one of the i r number to be cha i rman for the meet ing.

(8) F o u r di rectors shall form a quorum. (9) The Minister may determine the town at which

a board shall have its headquar t e r s . (10) Boards shall meet a t least once every month

unless otherwise approved of by the Minister . (11) A deputy-chai rman may act in the office of

cha i rman dur ing such t ime as the chairman is p reven ted by absence, illness, or otherwise from per forming any du ty of his office.

While so act ing the deputy-chairman shall have t he powers , author i t ies , and duties of the chai rman.

7. The Governor, af ter such open inquiry as he th inks p roper , may by proclamat ion published in the Gazet te for sufficient cause remove any director .

8. (1) An ex t r ao rd ina ry vacancy in the office of a director , chai rman, or deputy-chai rman shall occur if t h e person elected or appointed there to—

(a) d ies ; or (b) res igns his office by wr i t ing unde r his h a n d

directed to the secre ta ry of the b o a r d ; or (c) is absent wi thout leave of the board from th ree

consecutive meet ings of the b o a r d ; or

(d )

(d) is convicted of a felony or misdemeanour ; or (e) becomes an insane person or pa t ien t or an in­

capable person within the meaning of the Lunacy Act of 1898; or

(f) ceases for any reason to hold office before the day on which the office would ordinar i ly become vacant .

(2) If any director, chai rman, or deputy-chai rman becomes bankrup t within the meaning of the law in force for the time being re la t ing to bankrupts , or if he com­pounds his affairs with his credi tors , he shall thereby cease to hold office, but shall be eligible for re-election if not otherwise disqualified.

(3) An election to fill an ex t r ao rd ina ry vacancy in the office of a director shall be car r ied out and con­ducted as prescribed, and the vot ing shall be by post .

On the occurrence of an ex t r ao rd ina ry vacancy in the office of a director dur ing the last six months of a boa rd ' s t e rm of office, the Minis ter may, on the appl icat ion of the board, order tha t no election of a director shall be held, but, no twi ths tanding the making of any such order, the Minis ter may subsequently on the like application order the holding of an election for the purpose of filling such vacancy, and an election shall be held accordingly on the da te approved by the Minister .

(4) A person elected to fill an ex t r ao rd ina ry vacancy shall hold office unti l the t ime when his pre­decessor ' s te rm of office would have expired and no longer, but shall be eligible for re-election if otherwise qualified.

(5) W h e r e no p rope r election takes place within two months of the occurrence of an ex t rao rd ina ry vacancy the Governor m a y appoin t a person eligible to be elected to fill the vacancy.

9. The board may allow to any director t ravel l ing and hotel expenses as prescribed.

No fee or other payment shall be allowed or made to any director unless in accordance with the regulat ions.

10. (1) On the proclamat ion of a new dis t r ic t the Minis ter shall, as soon as possible, p r epa re a roll or rolls showing the names of all persons entit led to vote a t the election for directors , and thereaf ter the secre tary of the board shall keep every such roll revised to date .

(2)

( 2 ) P e n d i n g the election of a board for the new distr ict , the Governor may author ise some person or persons to exercise within the new dis t r ic t such powers of the board or the cha i rman as may bo necessary or convenient to be exercised p r io r to the election.

(3) Any expenses incurred under this section shall be pa id or re imbursed out of the P a s t u r e s Protec­t ion Fund .

11. (1) The Minis ter shall by notification published in the Gazette, divide each dis t r ic t which has not been exempted from the operat ion of this subsection into four divisions, and may in the like manner a l ter the bound­ar ies of any such division.

Any such a l te ra t ion shall not take effect for the pur ­poses of an election to fill an ex t r ao rd ina ry vacancy occurr ing before the next o rd inary general election.

(2) The Minister may, on the applicat ion of a board whose dis t r ic t is s i tuated within the Wes te rn Division, by notification published in the Gazette exempt the distr ict from the operat ion of subsection one of this section.

Where the dis t r ic t of any such board has been divided into divisions the Governor may. on the like applicat ion by the same or a subsequent like notification, cancel such division.

(3) W h e r e a dis t r ic t is divided into divisions, two di rec tors shall bo elected for each division.

(4) The board shall p r e p a r e separa te divisional rolls for each division and where a distr ict is not divided into divisions a roll for the distr ict as a whole.

The board shall place on such rolls the names of persons qualified for enrolment thereon in respect of land within the division or distr ict .

The rolls shall be kept revised to date by the secre tary of the board.

(5) Any person so qualified holding land compris­ing one holding which is pa r t ly within one division and pa r t ly within another shall be entit led to be enrolled for the division in which is s i tuated the g rea t e r par t .

(6) Any person so qualified holding land in more than one division not being p a r t of the same holding shall be entit led to be enrolled for each division.

(7)

(7) Where any dis t r ic t has been divided into divisions no person shall be eligible for election for a division unless his name is on the roll for the division and unless he is otherwise qualified for election or to vote in accordance with the provisions of this Act.

12. (1) Subject to this Act every occupier of ra table land within a division or distr ict shall be entit led to bo enrolled for such division or d i s t r i c t :

P rov ided tha t where the occupier is a person for the t ime being entitled to the possession of any land who does not reside on the land the occupier entit led to be enrolled shall be such p e r s o n :

P rov ided fur ther tha t such person may nominate in wr i t ing his resident manager or other person in charge of the land to be the occupier for the purpose of this section.

(2) E v e r y person who a t the da te appointed in pursuance of the regulat ions for the closing of the roll for the division or distr ict for which the election is to be held—

(a) is enrolled for the division or d i s t r i c t ; (b) is the occupier of land in respect of which—

(i) the r e tu rn required by section thir ty-nine of this Act, if any such is required to be made, has been m a d e ; and

(ii) all r a tes due and payable to the board have been paid,

shall be qualified to vote a t the election if he re ta ins a t the date of the election his qualification to be enrolled.

(3) E v e r y person who a t the date appointed for nominat ions for the election—

(a) is enrolled for the division or distr ict for which the election is he ld ;

(b) is resident in the d is t r ic t ; (c) is the occupier of land in respect of which—

(i) the r e tu rn required by section thir ty-nine of this Act, if any such is required to be made, has been m a d e ; and

(ii) all r a tes due and payable to the board have been paid,

shall be qualified for election as a director . (4)

(4) W h e r e two or more persons holding jointly or in common a re the occupiers of ra tab le land and reside thereon one of such persons shall be enrolled in respect of each ten head of large stock or one hundred sheep carr ied on the laud or es t imated by the board to be within the ca r ry ing capacity of the land.

The persons who shall be so enrolled shall in any such case be determined by such persons or a major i ty of them evidenced by an agreement signed by such persons or major i ty and delivered to the secre tary of the board or, failing such agreement , according to the alphabetical order of thei r surnames or, where the surnames are the same, of thei r other names .

13. The election of directors of the board shall be conducted in the prescr ibed manner and the vot ing shall be by post .

14. (1) Each board shall be a corpora te body under the style or title directed by the Governor and notified by proclamat ion published in the Gazette, and under such style or title shall have perpe tua l succession and a common seal, and be capable in law of suing and being sued in i ts corpora te name, and subject to this Act be capable of purchas ing, holding, g ran t ing , demising, disposing of and al ienat ing real and personal p roper ty , and of doing and suffering all such other acts and things a s bodies corpora te may by law do and suffer.

The val idi ty of any acts of a board shall not be affected by any informal i ty or i r r egu la r i ty in i ts con­st i tut ion, and the fact tha t all or any of the seats on the board are vacant shall not of itself opera te to dissolve the corporat ion.

(2) A board may bor row by way of l imited over­draf t on cur rent account in any bank or banks upon the securi ty of the b o a r d ' s funds or of any other assets of the board within such l imits, to such extent, and for such purposes as may, from time to t ime, be approved by the Minister .

15. E v e r y board—

(a) shall cause p rope r minute books to be kept of all i ts p roceed ings ;

(b).

(b) shall cause t rue and regula r accounts to bo kept of all moneys received or pa id by it under this Act, and shall give the owner or the occupier of any ra table land within the dis t r ic t access to such accounts at all reasonable h o u r s ;

(c) shall produce for inspection to any person duly author ised in wr i t ing by the Audi tor-General or by the Minister all i ts books, accounts, agree­ments , vouchers, le t ters , or other documents which may relate to any m a t t e r under this Act.

10. E v e r y board shall, in J a n u a r y in each year , cause an account in the prescr ibed form to be p r epa red of i ts receipts and expendi ture for the yea r preceding under distinct heads , with a s ta tement of the balance.

Such account shall be duly audi ted and certified. A copy of such account shall be published not la ter

than the month of March next following in one or more newspapers circulat ing in the distr ict .

Copies of such account shall also be furnished to the Minis ter and the Audi tor-General .

17. A board shall have power to appea r and be represented by counsel, solicitor or agent before a local land board in any ma t t e r before such local land board re la t ing to the proposed cur ta i lment or revocation of a t ravel l ing stock or camping reserve, or to the proposed closure of any road which affects the in teres ts of t ravel­l ing stock, or to an applicat ion for any lease or the conversion of any lease of land within or pa r t ly within any such reserve.

18. (1) The Governor may by proclamat ion published in the Gazette dissolve any board whose distr ict is wholly comprised in a new distr ict or wholly dis t r ibuted among other dis t r ic ts .

(2) Where an a l tera t ion is made in the boundar ies of a dis t r ic t or where a new dis t r ic t is created out of exis t ing dis tr icts , the Governor may from time to t ime, by proclamat ion published in the Gazette, vest such of the p roper ty , r ights , and choses in action of any board concerned in such board as ho thinks proper , having r e g a r d to the a l tera t ions in the dis tr icts and whether the Alteration in the dis tr icts is made under this Act or in

pursuance

pursuance of any provision of the Acts repealed by this Act, and may also in like manner direct tha t any liability or obligation of any board concerned shall be assumed by and enforceable agains t such board as he thinks p roper .

19. (1) All subsidies, fines, penal t ies , ra tes , and other moneys received by a board under this Act, except as otherwise in this Act provided, shall form p a r t of a fund to be called the P a s t u r e s Pro tec t ion F u n d of the distr ict .

( 2 ) Moneys forming p a r t of such fund may be appl ied by the board of the dis t r ic t to—

(a) the payment of any expenses of or incidental to the election of the board, the execution by the board of i ts powers , author i t ies , duties and functions under this Act, or to the payment of any costs or expenses incurred in accordance with the provisions of this Ac t ; and

(b) any other purpose approved by the Minister or which may be prescribed.

(3) The Minister may g ran t permiss ion to a board to open a special fund in the boa rd ' s name other than those specified in this Act, and such fund shall only be used for the purpose for which it is opened. W h e r e a board certifies to the Minis ter that such purpose has been fully accomplished, the Minis ter may allow any balance of such fund to be t r ans fe r red to the P a s t u r e s Pro tec t ion F u n d of the board .

(4) The accounts of the board shall be audi ted annua l ly and not l a te r t han the twenty-eighth day of F e b r u a r y in each year by an audi tor or aud i to r s in the manne r prescr ibed.

E a c h such audi tor shall be a person who possesses the prescr ibed qualifications or who in accordance with the regula t ions is approved as an audi tor by the Minister .

(5) The Minis ter may cause the accounts of a board to be audi ted by the Audi tor-General or some person author ised by him. The expenses of the aud i t to the extent required by the Minis ter shall be pa id out of the P a s t u r e s Protec t ion Fund .

20.

20 . The board for each dis t r ic t shall in each year pay to the Colonial T r e a s u r e r three per centum of i ts g ross revenue to cover the cost of adminis te r ing this Act,

P a y m e n t shall be made a t the t ime prescribed. 2 1 . The Governor may appoint inspectors of stock.

Any such inspector may be appointed for any one or more dis tr icts .

An inspector shall be under the control of the Minis ter and shall be paid such sa lary and allowances as may be determined in accordance with law or as he may from t ime to time determine.

W h e r e an inspector is appointed for one dis t r ic t only the board shall pay his sa la ry and allowances out of the P a s t u r e s Protec t ion Fund , but, with the approva l of the Minister , may pay a propor t ion of such sa la ry and allowances from any other fund.

Where an inspector is appointed for two or more dis t r ic ts the boards of such distr icts shall p a y his sa lary and allowances out of thei r said funds in such pro­port ion as the Minis ter may decide.

An inspector shall for the purposes of the W o r k e r s ' Compensat ion Act, 1926-1929, be deemed to be an employee of the board which pays his salary, and where he is paid by the boards of two or more dis t r ic ts he shall be deemed the employee of such distr ict as the Minister directs, but the other distr ict or distr icts shall contr ibute in such amounts as the Minister directs towards the cost of the insurance.

The Crown shall contr ibute one-half of the cost of insurance under the W o r k e r s ' Compensat ion Act, 1926-1929, in respect of each inspector.

22 . I n the case of the suspension, illness, or absence of an inspector, the Minister may appoin t some qualified person to exercise the powers and to discharge the duties of. such inspector dur ing such suspension, illness, or absence, a t such salary and allowances as the Minister m a y determine.

Such sa lary and allowances and any premiums or contr ibut ions payable in respect of such person shall be paid by the board or boards out of the fund or funds as in the case of the appointment of an inspector.

The

The board or boards may, with the consent of the Minister, discontinue the payment of the sa la ry and allowances of an inspector suspended or absent from his duties.

23 . (1) The Minister may appoin t pe rmi t officers for the purpose of issuing permi t s for stock to t ravel and may annul any such appointment .

(2) The board for the dis t r ic t for which any permi t officer is appointed may pay such officer such fees or commission as a r e prescribed. Any fees or com­mission so payable shall be pa id out of the Reserves Improvement F u n d of the board .

24. (1) The board may appoint a secre tary and other officers and pay them out of the P a s t u r e s Protec t ion Fund, and, wi th the approva l of the Minister, may pay a p ropor t ion of their salar ies from any other fund.

E v e r y such appoin tment and the salar ies to be pa id shall be subject to the approva l of the Minister .

Such secre tary and other officers shall be under the control of the board and subject to dismissal a t any t ime by the board or the Minister .

(2) When making any appoin tment of a secre tary or any other officer the board shall, o ther th ings being equal, give preference to an applicant , if any, who is a r e tu rned soldier or sailor within the meaning of the Returned Soldiers and Sai lors Employment Act, 1919.

P A R T I I I .

R A T E S .

25. (1) The board shall in each yea r make and levy a r a t e on the occupiers of all ra tab le land in the dis tr ic t .

(2) The r a t e shall in each yea r bo made by resolution of the board not la te r than the da te prescribed, and shall be levied by the service of a r a t e notice.

(3) R a t e notices shall be issued within the prescr ibed t ime after the making of the ra te .

W h e r e the r e tu rn of land and stock requi red by this P a r t has not been furnished within the prescr ibed t ime in respect of any land, the r a t e notice may be issued a t any t ime.

26.

26. If for any reason any ra t e is not made within o r by the t ime prescr ibed under this Act, or if any i r r egu la r i ty in making or levying the r a t e affects, or m a y be considered to affect the validity of any ra te , the Minis ter may extend the t ime for the making of the r a t e and may author ise the doing by the board of such a c t s as may be necessary to cure the i r regular i ty , and to va l ida te the ra te .

27. (1) E v e r y r a t e shall be due and payable to and recoverable by the board on the expirat ion of thir ty-one d a y s af ter service of the r a t e notice.

(2) Any occupier of ra table land may apply to the board for a reba te of r a t e in accordance wi th this section.

(3) The board shall g r an t a rebate of one-half of the amount of the r a t e levied in respect of any holding or por t ion of a holding—

(a) on the external boundar ies of which there is a fence which, in the opinion of the board, is rabbit-proof; and

(b) which, in the opinion of the board, has been kept reasonably free from rabbi ts dur ing the period of twelve months ending on the thirty-first day of December immediately preceding the year for which the r a t e is made.

Any fence which, in the opinion of the board, is suffi­ciently approximate to any boundary shall be deemed to be on such boundary for the purposes of this subsection.

(4) A rebate g ran ted under this section shall not be deemed to be a remission or refund of a r a t e or p a r t of a r a t e for the purposes of section thir ty-four of this Act.

(5) E v e r y r a t e shall, subject to this Act, be paid to the board by the occupier of the land in respect of which the r a t e was levied.

(6) W h e r e two or more persons holding joint ly or in common are the occupiers of ra tab le land such persons shall be joint ly and severally liable to the board for the ra te , but as between themselves each shall only be liable for such p a r t of the r a t e as is p ropor t iona te to his in teres t in the land and the stock.

If

If any of such persons pays to the board more than his p ropor t iona te pa r t , he may recover the excess by way of contr ibut ion from the others .

(7) W h e r e the name of the occupier liable to pay the r a t e is not known to the board, i t shall be sufficient to r a t e such occupier by the designation of " o c c u p i e r " wi thout s t a t ing his name.

28 . (1) W h e r e a person ra tab le as an occupier ceases to be the occupier of any land in respect of which a r a t e is payable , he shall nevertheless continue liable to the board for the r a t e to the same extent as if he had con­t inued to be the occupier of the land, provided tha t the r a t e is levied ei ther—

(a) before he ceases to be the occupier of the l and ; or

(b) before the board has received from him the prescr ibed notice of his ceasing to be the occupier of the land.

(2) If any occupier who ceases to be the occupier of any land in respect of which a r a t e is payable p a y s to the board any r a t e in respect thereof which is levied af ter he has ceased to be the occupier of the land and before the prescr ibed notice of his so ceasing has been received by the board, he may recover the amount from a n y person who thereaf te r becomes the occupier of the land.

(3) As between successive occupiers of ra table land every r a t e shall be considered as accruing from day to day and shall be appor t ionable in respect of t ime accordingly.

29 . (1) A person who becomes the occupier of any land, no twi ths tanding the fact tha t he becomes the occupier after the r a t e was levied, shall be liable to the board for the cur ren t r a t e and for all a r r e a r s of the r a t e owing by any previous occupier in respect of the land.

(2) Any person may apply for a certificate unde r this section as to the amount (if any) due or payable to the board by the occupier of the land, for ra tes or otherwise.

Applicat ion

Applicat ion for the certificate shall be made in wri t ing, and shall s ta te the name and address of the applicant , and the pa r t i cu la r s of the land in re la t ion to the occupier of which the information is required.

(3) The product ion of the certificate shall for all purposes be deemed conclusive proof in favour of a person who becomes air occupier tha t a t the da te thereof no ra tes , charges, or sums other than those s ta ted in the certificate were due or payable to the board in respect of the land.

(4) F o r the purposes of this section ra tes , charges , or sums of money shall be deemed to be due or payable no twi ths tanding tha t the requisi te per iod af ter service of any notice may not have expired.

(5) If the occupier of any land pays to the board any ra t e in respect thereof which was levied before he became the occupier of the land, he may recover a pro­por t ion of the amount from the person who was liable to the board for the r a t e a t the t ime the r a t e was levied.

30. (1) Subject to the provisions of this Act, the r a t e shall be calculated in accordance with the number of stock owned by the occupier and on the land on the thirty-first day of December immediately preceding the yea r for which the r a t e is made, including stock so owned which were t ravel l ing to or from the said land and stock which have been removed from tha t land on agis tment .

Where , however, the one occupier is ra table in respect of more than one holding any t ravel l ing stock or stock on agis tment shall be taken into account in respect of one of such holdings only.

( 2 ) If, in the opinion of the board, the number of stock refer red to in subsection one of this section is less than the ca r ry ing capacity of the land, the r a t e shall be calculated upon the ca r ry ing capaci ty of the land as determined by the board in the prescr ibed manner .

(3) W h e r e land has dur ing the calendar year preceding the making of the r a t e been used solely or mainly for agr icul tura l purposes , the ca r ry ing capacity shall be calculated upon the basis of not more than one sheep to one acre of the land.

F o r

F o r the purposes of this subsection agr icul tura l pu r ­poses shall include fallowing, but shall not include the growing of crops or grasses for pas tu re .

(4) The r a t e shall not exceed fourpence per head in the case of l a rge stock and two-thirds of a penny per head in the case of sheep.

31 . ( 1 ) The occupier of land within a dis t r ic t— (a) on which land there was on the thirty-first day

of December preceding the year for which the r a t e is made one hundred sheep or ten l a rge stock or m o r e ; or

(b) the ca r ry ing capaci ty of which land is one hundred sheep or ten large stock or more,

shall be ra table , and the land is re fer red to in this A c t as ra tab le land.

(2) W h e r e there was on the said da te both l a rge stock and sheep on any land but the number of l a rge stock was less than ten and the number of sheep was less than one hundred, the board may, for the purpose of ascer ta in ing whether the occupier of the land is ra tab le and of calculating the r a t e payable in respect of such land, reckon one head of large stock as equal to ten sheep and ten sheep as equal to one head of large stock.

32. F o r the purposes of this Act the ca r ry ing capaci ty shall be the average number of stock which, in the opinion of the board, could have been depas tured on the land dur ing the five yea r s immediately preceding the year in which the de terminat ion is made.

33 . (1) W h e r e the occupier of any land is dissatisfied with the de terminat ion of the board as to the c a r r y i n g capaci ty of any land other than land used for agricul­t u ra l purposes , he may within th i r ty days af ter service of the r a t e notice, appeal aga ins t such de terminat ion to the local land board of the land dis t r ic t in which the land or the g rea te r p a r t thereof is s i tuate , or , if t h e land or the g rea te r p a r t thereof is within the W e s t e r n Division, to the local land board for the admin i s t r a t ive dis t r ic t in which the land or the g rea t e r p a r t thereof is s i tuate .

The manne r of appeal and the fees to be paid thereon shall be as proscribed.

(2)

( 2 ) On any such appeal the local land board shall have jurisdict ion to hear and determine the appeal , and may make such order for the payment of the costs of the appeal by the applicant or the board as seems jus t in all the circumstances of the case.

A n y costs so ordered to be pa id may be recovered as a debt in any court of competent jurisdict ion.

(3) The decision of the local land board shall be final, and the ra te shall be calculated in accordance with the ca r ry ing capacity as so determined.

(4) The ra te shall be payable on the due date no twi ths tanding that an appeal has been lodged.

(5) Subject to this section the determinat ion of the board as to the ca r ry ing capacity shall be final.

34. (1) The board may, with the approva l of the Minister , but not otherwise, remit or refund any ra t e or p a r t of a ra te paid or payable under this P a r t of this Act.

(2) The Audi tor-General may author ise a board to wri te off any amount owing to it whether for ra tes or otherwise if he is satisfied that such amount is i r re­coverable.

35. (1) E v e r y ra te shall be entered in a rate-book which shall be kept in the prescr ibed form and manner .

(2) The board may, in the prescr ibed manner , make or cause to be made such amendments and may supply or cause to be supplied such omissions in the entr ies in the rate-book as may be necessary.

(3) Except in the case of an amendment rendered necessary by an appeal , and except in the case of formal amendments , an amendment of the rate-book in respect of the occupier of any holding shall be deemed to be a determinat ion by the board of the amount so payable under a r a t e by such occupier in respect of the holding.

(4) I n any proceedings for the recovery of any r a t e —

(a) an en t ry in the rate-book, the ent ry being one of a series prescribed to be made, shall be evidence of the ma t t e r s therein recorded; and

(b)

(b) a copy of an en t ry in the rate-book, the entry being one of a series prescr ibed to be made, shall be evidence of the en t ry and of the ma t t e r s therein recorded.

36. I n any proceedings for the recovery of any ra te , objection to the val idi ty of the ra te shall not be allowed no r avail to prevent the recovery of the r a t e .

Any occupier des i r ing to object to the validity of the r a t e m a y subject to section twenty-six of this Act object to such val idi ty in such court and in such manner and upon such conditions and subject to such fees as may bo prescr ibed.

37. (1) Overdue ra tes shall be increased in accordance with this section.

( 2 ) If the ra tes are unpaid a t the expirat ion of th ree months from the da te when the same became duo and payable , the amount due shall be increased by a sum calculated a t the prescr ibed r a t e pe r centum per annum, and the increase shall be deemed to be p a r t of the ra tes .

(3) The calculation under the last preceding subsection shall be made in respect only of as many complete months as have expired between the due da te and the date of payment , excluding any remaining por t ion of a month.

(4) If in any case the percentage is less than threepence, the increase shall be threepence.

(5) This section shall apply as from the com­mencement of this Act to ra tes levied under the Acts hereby repealed.

(6) This section shall continue to apply to all unpa id r a t e s no twi ths tand ing tha t judgment m a y have been obtained in any court, including the dis t r ic t court .

38. (1) All r a tes due and payable by the same person, whether in respect of his occupation of the same or of different land, may be recovered in one action or suit.

( 2 ) W h e r e the proceedings a re taken in a dis t r ic t cour t or in a court of pe t ty sessions, the proceedings may be taken in the court for the distr ict in which any of the land occupied is s i tuated, or in the court neares t to the

office

office of the hoard, or to the residence of the defendant, as the board may decide, whether the ra tes are in respect of land occupied in the same or in different dis tr icts .

(3) Nothing in this section shall preclude the t ak ing of separa te proceedings, or the taking of proceed­ings in any district court or court of pe t ty sessions avail­able under the provisions of the Distr ict Cour ts Act, 1912, or the Small Debts Recovery Act, 1912-1933.

39. (1) E v e r y occupier of land and every owner of stock shall, unless exempted by the regulat ions, furnish to the secre tary of the board not la ter than the prescribed date in each year a r e tu rn in or to the effect of the prescr ibed form of his land and stock including stock t ravel l ing to or from the land and stock on agis tment as at the thirty-first day of December in the year immediately preceding the making of the re tu rn .

(2) Any person who— (a) being liable to furnish such a r e tu rn fails to do

so on or before the prescr ibed d a t e ; or (b) furnishes a r e tu rn containing any incorrect or

misleading information, shall be liable on summary conviction to a penal ty not exceeding twenty pounds.

40. Where any holding is s i tuate pa r t ly in two or more dis tr icts it shall be deemed for the purposes of this P a r t , of P a r t VI , and of P a r t V I I I , to be wholly s i tuate within the distr ict in which the g rea t e r p a r t lies.

If the p a r t s a re equal the p a r t upon which the main residence is, shall for the purposes of the section be deemed the g rea te r pa r t .

PART

P A R T IV.

T R A V E L L I N G S T O C K A N D T R A V E L L I N G ! S T O C K

A N D C A M P I N G R E S E R V E S .

4 1 . (1) E v e r y t ravel l ing stock reserve , camping reserve, or p a r t thereof under the control of a board a t (he commencement of this Act or placed under the control of a board p u r s u a n t to this Act, shall remain under the control of the board unt i l the reserve or p a r t is wi thdrawn from such control in pursuance of the provisions of this P a r t .

(2) The Minister for Lands m a y from time to t ime by notification published in the Gazette, place under the control of the board therein specified any t ravel l ing stock reserve, or camping reserve, or p a r t thereof, except so fa r as any such reserve or p a r t thereof is within a S ta te forest or is within the Wes te rn Division.

W h e r e any such reserve or p a r t thereof is held under a lease o ther than an annual lease or occupation license under the Crown Lands Acts, it shall not be placed under the control of the board unt i l the lease is t e rmina ted in pursuance of such Acts .

(3) A board shall have the general management , maintenance, and control of any reserves or p a r t s thereof which a re under i ts control, and shall take p rope r measures to protect such reserves or p a r t s thereof from t r e spas s and to suppress and des t roy noxious animals , and to improve such reserves by clearing scrub, noxious weeds and p lants , r ingbarking, felling, suckering, fencing, p rovid ing wa te r and in such other manner as the in teres ts of t ravel l ing stock may require .

Ringbarking , felling, or destruct ion of growing t imber shal l not be commenced without the concurrence of the F o r e s t r y Commission.

Timber felled shall not be used by a board except for the purpose of effecting improvements as aforesaid.

Noth ing in this section or in the F o r e s t r y Act, 1916-1933, shall r ender a board liable to p a y roya l ty for t imber felled or so used.

Nothing in this Act shall p reven t the F o r e s t r y Commis­sion, with the concurrence of the board, i ssuing licenses to cut or remove t imber under the provis ions of the F o r e s t r y Act, 1916-1933.

Such

Such licenses shall contain such conditions as the Com­mission think desirable, including a condition providing for the lopping and stacking of heads of t rees and debris .

(4) "Where the Minister for Lands considers tha t a board has not taken or is not taking p rope r measures to protect or improve a t ravel l ing stock reserve or camp­ing reserve under i ts control or to suppress and des t roy noxious animals thereon, he may in wr i t ing notify such board to tha t effect; and if, af ter a period of three months from the da te of such notice, such Minister still considers tha t the board has not taken or is not taking p rope r measures as aforesaid, he may take such measures as he m a y deem p rope r to protect and improve such reserve, and may recover the cost thereof from such board in any court of competent jurisdict ion.

(5) W h e r e any such reserve or p a r t thereof which is under the control of a board is held under annual lease or occupation license, the Minister for Lands may, not­wi ths tanding anyth ing to the cont ra ry in the Crown Lands Acts , cancel such lease or license, as to the p a r t of the land included in the reserve, upon giving three m o n t h s ' notice to the lessee or licensee, and upon the expirat ion of tha t per iod the lease or license shall to tha t extent be te rminated .

42 . (1) Where any reserve or p a r t thereof, which is under the control of a board, is not requi red in the in­te res t s of t ravel l ing stock, the Minis ter for Lands may with the consent of the board, wi thdraw such reserve or p a r t thereof from the control of the board.

Where the board declines or omits to give i ts consent the reserve or p a r t thereof shall not be wi thdrawn from the control of the board unless such wi thdrawal has been approved by resolution of both Houses of Pa r l i amen t and if so approved the board shall be deemed to have consented to the wi thdrawal of the reserve or p a r t from i ts control.

(2) The Minis ter for Lands may wi thdraw from any such t ravel l ing stock or camping reserve any lands required as sites for towns or villages or for any public purpose other than for sett lement under the Crown Lands Acts .

( 3 )

(3) The board shall be entit led to compensation for any improvements effected by it on such lands, and such compensation shall not in any case exceed the cost of such improvements .

(4) W h e r e the Minis ter and the board fail to agree in r e g a r d to the amount of compensation the amount shall be determined by the local land board.

(5) Any wi thdrawal under this section shall be effected by notification published in the Gazette.

4 3 . (1) The Governor may by the regulat ions impose a r a t e upon all t ravel l ing stock which t rave l along or over t ravel l ing stock reserves or camping reserves or roads for which unde r the provis ions of this Act a permi t or renewed permi t is required.

(2) Such ra t e shall not exceed in respect of each ten miles of the journey, in the case of sheep, tenpence pe r hundred head, and in the case of large stock, one shilling per twenty-five head.

F o r the purposes of this section any number of sheep less t han one hundred shall be r ega rded as one hundred , any number of large stock less than twenty-five shall bo rega rded as twenty-five, and any number of miles less than ten shall be regarded as ten.

(3) The r a t e shall be collected by the board or the officer who issues the permi t or renewed pe rmi t a t the time of the issue of the permi t or renewed permi t and disposed of in the manne r prescr ibed.

(4) The board may recover as a debt in any court of competent jur isdict ion from any person whose stock t ravels wi thout a pe rmi t or renewed pe rmi t such amount as would have been payable as a r a t e upon the issue of a pe rmi t or renewed permi t for the journey t ravel led by such stock.

(5) The regula t ions m a y prescr ibe different r a t e s to be collected by or on behalf of the boards of different d is t r ic ts and may prescr ibe exemptions from the r a t e and eases in which the r a t e may be waived or modified by the board.

(6) No such ra t e shall be collected in respect of any journey, or p a r t of a journey, t ravel led within the

W e s t e r n

W e s t e r n Division unti l af ter a da te to be appointed by the Governor and notified by proclamat ion published in the Gazette.

(7) Where t ravel l ing stock t ravel on a journey in respect of the p a r t of which within the dis t r ic t where the permi t or renewed permi t is issued no r a t e is payable , a permi t fee not exceeding sixpence may be charged for the issue of the permi t or renewed permit , in addi t ion to the r a t e (if any) payable in respect of any p a r t of the journey travel led in any other dis tr ic t .

44. (1) The Governor by the regula t ions may au thor i se every or any board to collect a fee on all work­ing la rge stock used by a t eams te r or ca r r ie r on any t rave l l ing stock reserve in i ts dis t r ic t under a license from the board, and such regula t ions may prescr ibe different fees for different dis t r ic ts .

( 2 ) Such fee shall no t exceed two shillings pe r qua r t e r or p a r t for every head of working large stock with a minimum fee of one pound pe r quar te r .

(3) Any such license shall r emain in force for one quar te r , and shall be subject to the prescr ibed con­dit ions and such other condition as the board may in a pa r t i cu la r case think necessary.

(4) A board may g r a n t permiss ion to a drover to place working la rge stock used by him in his occupa­tion as a drover on any t ravel l ing stock reserve in the distr ict for a per iod specified in the permi t on payment of the prescr ibed fee which shall not exceed two shillings pe r head pe r month.

45. A board may from t ime to t ime in the manner and subject to the l imitat ions prescribed, g ran t permi ts to graze over any t ravel l ing stock reserve , or camping reserve , or p a r t thereof under the control of the board for a per iod not exceeding one year or such g rea t e r per iod as may in a pa r t i cu la r case be approved by the Minister , subject to such ren ts , t e rms , and conditions as may be imposed by the board.

46. A board may g r a n t permi ts to use a por t ion of any t ravel l ing stock reserve or camping reserve under i t s control as an ap ia ry for any per iod not exceeding in each case one yea r and may renew any such permit .

No

No building shall be erected on such por t ion without the consent of the board .

The pe rmi t shall be in such form and subject to such fees, t e rms , and conditions as may be fixed by the board .

47. All moneys received by any board under any provision of this P a r t , and all fines received by a board for any offence agains t the provisions of this P a r t , shall be car r ied to an account in i ts books to be called the Reserves Improvement Fund .

Such fund shall, af ter deduction of the cost of collec­tion of such moneys and the cost of necessary super­vision, be used—

(a) in ca r ry ing out the duties of the board in rela­tion to the reserves under i ts cont ro l ;

(b) for any other purpose approved by the Minis ter or which may be prescr ibed.

48. (1) Excep t in such cases and under such con­ditions as a re prescribed, no person shall move stock along any road or t ravel l ing stock reserve or by rai l or by a i r or by water unless—

(a) (i) in the case of t ravel l ing stock, a permi t in or to the effect of the prescr ibed form for the journey has been issued by a pe rmi t officer or other prescr ibed pe r son ; or

(ii) in the case of working la rge stock of a t eams te r or ca r r i e r in a distr ict in which a fee may be charged for the use of the t ravel l ing stock reserves , a license for the use by the teamste r or ca r r ie r of the re ­serves has been issued; or

(iii) in the cases in which a t ravel l ing s ta tement is requi red the person in charge has in h i s possession a t ravel l ing s t a t emen t ; and

(b) the prescr ibed t rave l l ing ra te , t ravel l ing charge , or license fee, as the case may be, has been pa id .

(2) A t ravel l ing s ta tement shall be requi red in the following cases :—

(a) in the case of large stock being moved not more t han twenty miles within one or more prescr ibed d i s t r i c t s ;

(b)

(b) in the case of sheep or large stock being moved from one run to another of the same owner by the most direct route where such runs a r e by such route not more t han twelve miles a p a r t ;

(c) in the case of sheep or large stock being moved by the most direct route to a contiguous holding.

A t ravel l ing s ta tement shall not be required where slock a re t ravel l ing unde r an order , permit , or license issued or g ran ted under the provisions of the Stock Diseases Act, 1923.

(3) A t ravel l ing s ta tement shall be in or to the effect of the prescr ibed form and shall be signed by the owner of the stock or his agent in the presence of a sub­scr ibing witness.

(4) Applicat ion for a permi t or a license shall be made in the manner prescribed.

(5) A permi t shall cease to be in force if the jou rney for which it is issued is broken by the detent ion of the stock for more than six successive days elsewhere than on a road or t ravel l ing stock reserve, unless the inspector for the distr ict where such stock a re so detained has granted permission for the stock to proceed after such detention and has endorsed the permi t accordingly.

(6) Any stock travel led on a t ravel l ing s ta tement shall not be again moved within a period of one month af te r reaching the dest inat ion mentioned in such state­men t except upon a permi t .

The regulat ions may prescr ibe dis t r ic ts in which this subsection shall not apply.

49. (1) If at any t ime within three months from date of the a r r iva l of any stock at a dest inat ion to which they have travel led under a permi t their owner desires to remove any of the said stock from such dest inat ion to any other, he shall obtain a renewed permi t for every such removal, for which the owner shall in addi t ion to the t ravel l ing ra te pay t ravel l ing charge a t the r a t e of twopence per hundred sheep or twopence for every ten head of largo stock pe r mile for the distance to be t ravel led under the renewed permit .

(2) The renewed pe rmi t may be issued by and the t ravel l ing r a t e and t ravel l ing charge shall be paid to the inspector of the dis t r ic t in which the stock a re , or in his absence, to the cha i rman or secre tary of the board.

(3)

(3) P rov ided also tha t on the removal by the owner of any such stock offered for sale a t a recognised sa leyard a renewed pe rmi t shall not be necessary for their r e t u r n to the place whence they las t came.

(4) On the removal by the purchase r of any such stock purchased a t a recognised sa leyard a renewed permi t shall not be necessary and the stock may be moved upon an o rd ina ry permi t .

(5) If any t ravel l ing stock a re sold on the roads , or if from any sufficient cause the route mentioned in a permi t or renewed pe rmi t cannot be followed, the person in charge may, with the approva l of the inspector, chair­man or secre ta ry of the board for the distr ict , change such route or the des t inat ion upon obtaining a renewed pe rmi t and pay ing in addit ion to t ravel l ing ra te t ravel­l ing charges from the point where the change of route begins to the des t inat ion mentioned in renewed permit .

The owner shall be entit led to a refund of the t ravel ­l ing r a t e for the distance not t ravel led on the original permi t or renewed p e r m i t :

P rov ided tha t where the route mentioned on a permi t or renewed permi t is one which passes th rough land quaran t ined under the provisions of the Stock Diseases Act, 1923, or upon which stock infected within the mean­ing of tha t Act have been quarant ined, an inspector may order such route to be changed and in tha t case no re­newed permi t shall be necessary nor shall any addit ional charges be payable in respect of such changed route.

(6) The board for the dis t r ic t may, under any circumstances which i t decides to be special, remi t or waive any t ravel l ing charge imposed under this section.

The board m a y by resolut ion delegate to the inspector or to the cha i rman of the board i ts powers under this subsection and in like manne r may revoke any such delegation.

(7) W h e n t ravel l ing charges a re collected under this section and the board decides tha t they shall not bo remit ted, such charges shall be dis t r ibuted between the boards of the dis t r ic ts concerned in the prescr ibed manner .

50.

50. The person in charge of t ravel l ing stock or working large stock shall on demand by an inspector, pe rmi t officer, member of the police force, inspector under the Stock Diseases Act, 1923, or the occupier of any land th rough which or along the boundary road of which such t ravel l ing stock or working large stock may be proceed­ing, produce for inspection the permi t or renewed permi t issued for the journey on which the stock a re t ravel l ing, or the license issued in respect of the working la rge stock, or any t ravel l ing s ta tement , and any other document under this or any other Act, the issue of which or the possession of which by the person in charge of the stock is prescr ibed as a condition necessary for t ravel l ing such stock.

51 . Except in such circumstances and in such dis t r ic ts as are prescribed, no person shall drive any sheep along any road or t ravel l ing stock reserve unless each sheep is legibly branded with an owner ' s regis tered b rand and the capital le t ter T in Roman charac ter not less than two inches in height .

Such T b rand shall not be used in any manner so as to obli terate or deface a regis tered brand .

Any person failing to comply wi th this section shall be liable to a penal ty not exceeding ten pounds.

52. The regulat ions may provide t ha t any person t ravel l ing stock along a t ravel l ing stock reserve in a pre­scribed distr ict shall not use any made road on such reserve for the purpose of t ravel l ing such stock unless it is i n e r a d i c a b l e for him to do otherwise.

53. Any person who, except in such dis t r ic ts as a re prescribed, dr ives or carr ies stock a long any road or reserve du r ing the per iod between one hour af ter sunset and one hour before sunrise without the consent of the inspector or a director of the board first obtained, and the permit , renewed permit , or t ravel l ing s ta tement so endorsed, shall be liable to a penal ty not exceeding ten pounds.

54. The person in charge of stock t ravel l ing on a pe rmi t or renewed permi t along any road or t ravel l ing stock reserve shall, when the stock enter a dis t r ic t other than tha t in which he commenced to t ravel such stock notify in the prescr ibed manne r the inspector for such

distr ict

distr ic t tha t the stock have entered such distr ict , p ro ­vided tha t in any dis t r ic t tha t may be prescr ibed such notice shall not be necessary. Any person failing to comply with this section shall be liable to a penal ty not exceeding ten pounds .

55. Except in such dis t r ic ts as a re prescribed, no person shall dr ive t ravel l ing stock along any p a r t of a road or t ravel l ing stock reserve which—

(a) intersects or adjoins any holding exceeding five hundred acres in a r e a ; and

(b) is not separa ted from the holding by a fence sufficient to p reven t the passage of stock,

unless notice of the intent ion to dr ive the stock has been given a t the t ime and in the manner prescr ibed to the occupier of the holding.

Any person failing to comply with this section shall be liable to a penal ty not exceeding ten pounds.

56. A n y person in charge of t ravel l ing stock who leaves such stock una t tended on any t ravel l ing stock reserve and any person who deposi ts any rubbish on a t ravel l ing stock reserve shall be liable to a penal ty not exceeding ten pounds .

57. (1) All t ravel l ing stock shall be taken by the drover thereof by the route specified in the permi t , renewed permit , or t ravel l ing s ta tement which shall be the t ravel l ing stock route leading to the place of dest ina­tion ment ioned in the permit , renewed permi t or t rave l ­l ing s ta tement where pract icable or if not pract icable or if there is no such t ravel l ing stock route , then by the most direct road ord inar i ly used for the purpose of t ravel l ing stock to the said place of dest inat ion.

( 2 ) Any person who moves or causes to be moved any stock by a route other t han tha t specified in the permi t , renewed permi t , or t ravel l ing s ta tement issued for the journey , unless a change of route has been approved in the prescr ibed manner , shall be liable to a pena l ty not exceeding twenty pounds .

58. (1) W h e n stock a re t rave l l ing on any journey occupying more than twenty-four hours , the person in charge shall in each successive per iod of twenty-four

hou r s

hours , from six o'clock in the morning of one day to six o'clock in the morn ing of the following day, cause them to t ravel towards their dest inat ion—

(a) if they are large stock, a distance of not less than ten mi les :

(b) if they are sheep, or working large stock work­ing on the journey, a distance of not less than six miles.

(2) If stock t ravel l ing on a permit , renewed permi t , t ravel l ing s ta tement , or license for working large stock have not travelled from the day of s ta r t ing until the day of any inspection by an inspector, permi t officer, member of the police force, or inspector under the Stock Diseases Act, 1923, a distance averag ing in the case of la rge stock ten miles per day and in the case of sheep and of working large stock six miles pe r day, towards the i r dest inat ion, the person in charge shall be liable to a penal ty not exceeding fifty pounds .

(3) This section shall not apply— (a) dur ing any period in which the stock a re p ro -

vented from travel l ing or working by unsui table weather or other unavoidable cause ; or

(b) du r ing any per iod in which the stock a rc de­ta ined elsewhere than on a road or t ravel l ing stock r e se rve ; or

(c) in the case of teams owned by municipal or shire councils or contractors working for such coun­cils where exemption has been gran ted by the b o a r d ; or

(d) in such other cases or per iods as are prescribed. 59. Save as provided no person in charge of t ravel­

l ing stock shall pe rmi t them to camp on any t ravel l ing stock reserve if the total journey to be t ravel led is less than ten miles in the case of large stock or less than six miles in the case of sheep.

Any person failing to comply with this section shall be liable to a penal ty not exceeding ten pounds.

60. (1) Any person who, without the consent of the occupier, abandons any t ravel l ing stock on any land or on any road or t ravel l ing stock reserve intersect ing or adjoining any land and not being separa ted therefrom

by

by a fence sufficient to p reven t the passage of the stock, shall be liable to a penal ty not exceeding one pound for each head of sheep and five pounds for each head of large stock so abandoned.

(2) Stock so abandoned without the consent of the occupier of such land may be des t royed by him.

(3) Any person who abandons any t ravel l ing stock on any road or t ravel l ing stock reserve shall, in the prescr ibed manner , notify the board of the distr ict in which the stock a re abandoned.

Any person fail ing to comply with this subsection shall be liable to a penal ty not exceeding ten pounds.

01 . W h e r e any t ravel l ing stock dies on or within half a mile of any road or t ravel l ing stock reserve, the person in charge of such stock shall within forty-eight hours of the death des t roy the carcase by burning or bury the same.

Any such person shall be liable to a penal ty not exceed­ing one pound for each such carcase which he fails to so des t roy or bury .

02. Any travel l ing stock may, with the permiss ion of the inspector or cha i rman of the board for the distr ict endorsed on the permi t or renewed permit , be kept for the period specified in such endorsement on any t ravel l ing stock reserve for the purpose of being branded, shorn, dipped, or crutched, or for the ca r ry ing out of any other necessary provision of this or any other Act.

The owner of such t ravel l ing stock shall pay to the board for the dis t r ic t in which such reserve is s i tuated such fees as are prescribed.

03. Where the lessee of or the holder of a graz ing permi t over any t ravel l ing stock reserve receives notice in accordance wi th the provisions of this Act t ha t t ravel­l ing stock will be t ravel l ing a long or over such reserve, he shall remove any stock in his possession on such reserve so t ha t such stock shall not become mixed with the t ravel l ing stock.

04. Notwi ths tanding tha t a r a t e has been charged, or a license issued for stock us ing a t ravel l ing stock reserve , camping reserve, or o ther reserve , no board shall be held responsible for any losses of stock or in jury to stock due

to

to poison laid by the board if such board has notified in the prescr ibed manner tha t poison is to be used on such reserve , and the posit ion or place where such poison is to be used, and if conspicuous notice-boards have been erected where such poison is used.

65. (1) No person shall, without the wr i t ten permis­sion of the board, erect any s t ruc ture or fence upon a t ravel l ing stock reserve.

(2) Any person who erects a fence in which barbed wire is used across a t ravel l ing stock reserve shall leave a clearance of not less than two feet ten inches between the lowest barbed wire and the surface of the ground.

(3) No person other than a person in charge of t ravel l ing stock or working la rge stock shall occupy or use a t ravel l ing stock reserve except with the wr i t t en permiss ion of and subject to the conditions specified by the board or a person author ised by the board in tha t behalf; or except in pursuance of any lawful au thor i ty given under this or any other Act.

66. (1) Any stock or any pigs or goats found on any t ravel l ing stock reserve not being—

(a) t ravel l ing stock t ravel l ing on a permit , renewed permit , or t ravel l ing s tatement , or on an order , permit or license issued or g ran ted under the provis ions of the Stock Diseases Act, 1923, and with some person then in cha rge ;

(b) t ravel l ing pigs or goats with some person in cha rge ;

(c) stock, pigs, or goats depas tured thereon in accordance with the conditions of any lease or license from the Crown, or graz ing permi t from the boa rd ;

(d) stock, p igs , or goats owned by the occupier of land bounded or intersected by the t ravel l ing stock reserve and not separa ted therefrom by a fence sufficient to enclose the stock, pigs, or g o a t s ;

(e) working large stock; or

(f)

(f) in the case of a public wa te r ing place stock entit led to p a s t u r e or wa te r thereon in accord­ance with the provis ions of this Act or the regulat ions ,

shall be deemed to be t r e spass ing stock, and the owner or pe rson ordinar i ly in charge thereof shall be guilty of an offence and shall be liable on summary conviction for the first offence to a penal ty not exceeding twenty pounds, and for any subsequent offence to a penal ty not exceeding fifty pounds .

Such owner or person in charge shall also be liable for any damage done to the pas tu res , wa te r supply, or improvements on such t ravel l ing stock reserve.

(2) Any such t respass ing stock so found may be impounded by the board on any day of the week and a t any t ime of the day or night . Such impounding may be effected by the board or by an inspector or o ther officer or any person author ised in wr i t ing by an inspector.

The inspector , officer, or person impounding any animal shall drive, lead, or otherwise take it to such pound as he deems convenient. The board may deta in any animal in like manner and for the like per iod t h a t a council may so do under the provis ions of section four hundred and twenty-six of the Local Government Act, 1919.

(3) Any horse found on any t ravel l ing stock reserve which, in the opinion of the inspector for the dis­tr ict , is too old or infirm for fu r ther service, and the owner of which is unknown to him, may with the approva l of the cha i rman of the board be des t royed by such inspector.

67. A board may collect the like de te r ren t fees a n d dr iv ing charges in connection wi th stock impounded by the board from any t ravel l ing stock reserve unde r i ts control as a re prescr ibed under the provis ions of section four hundred and thir ty-one of the Local Government Act, 1919, as amended by subsequent Acts , in connection with stock impounded by a council.

P A R T

P A R T V .

P U B L I C W A T E R I N G - P L A C E S .

68. (1) The Governor may, by proclamat ion pub­l ished in the Gazette, declare—

(a) any Crown land, or land acquired under the provis ions of section one hundred and ninety-seven of the Crown Lands Acts for a water ing-place ; or

(b) any land acquired for the purpose by the council of an a rea under the Local Government Act, 1919, as amended by subsequent Acts ,

"to be a public watering-place, and may a t any t ime in like manner revoke or va ry any such declarat ion.

(2) Crown land, or land so acquired under the Crown Lands Acts shall not be declared a public water ing-place except with the concurrence of the Minis ter for Lands .

(3) The Minister adminis te r ing this Act may by notification published in the Gazette declare any public water ing-place to be a town wate r supply and may at any t ime in like manner revoke or va ry any such declarat ion.

69. The controll ing au thor i ty of a public water ing-place shall be—

(a) if the public watering-place is one in respect of which a declarat ion under subsection three of section sixty-eight is in force—the council of the municipal i ty or shire within whose a rea the public watering-place is s i tua ted ;

(b) if the public water ing-place is not one in respect of which a declarat ion under subsection three of section sixty-eight is in force—the boa rd of the distr ict within the boundar ies of which the public watering-place is s i tuated.

70. (1) The control l ing au thor i ty may construct, erect , and main ta in tanks , dams, or other s t ruc tures , machinery or works for s tor ing or provid ing wa te r upon o r otherwise improving any public watering-place.

N (2)

(2) W h e r e any public watering-place is s i tuated in the Wes t e rn Division—

(a) the controll ing au thor i ty shall not under take the construction, erection or maintenance of any of the works re fer red to in subsection one of this section without the p r io r approva l in wri t ing of the Minis te r ;

(B) the cost of the construction, erection and main­tenance of any such works shall be met out of the Public W a t e r i n g Places F u n d of the con­trol l ing author i ty , and where there are n o moneys or not sufficient moneys in tha t fund shall be met out of moneys provided by Pa r l i a ­ment .

71. The controll ing au thor i ty may appoint a care­taker of any public watering-place and may fix the remunera t ion of such caretaker .

The remunera t ion of a care taker of a public water ing-place s i tua ted within the Wes t e rn Division shall not exceed such amount as may be determined by the Minister , and shall be pa id out of moneys provided by Pa r l i amen t .

A care taker shall supply water to stock declared by the regula t ions to be entit led there to at such ra tes as may be prescribed.

72. (1) The controll ing au thor i ty may by auction, public tender , o r otherwise let any public watering-place on lease for a t e r m not exceeding ten years , and may g r a n t one extension of any lease for a t e rm not exceeding five yea r s at the same or an increased renta l wi thout public competi t ion where the control l ing au thor i ty con­siders tha t such an extension is justified by the improve­ments made by the lessee :

Prov ided tha t the controll ing au thor i ty of a public water ing-place within the W e s t e r n Division shall not le t such public watering-place or g ran t any extension of any lease thereof without the consent in wr i t ing of the Minister .

(2) The controll ing au thor i ty may g r a n t any extension of any lease of a public water ing-place g ran ted by a council and subsis t ing at the commencement of this

Act

Act which the council might have gran ted under any enactment repealed by this Act if such repeal had not been made.

(3) A controlling author i ty and every lessee shall supp ly wa te r to persons and stock declared by the regula­t ions to be entit led thereto a t such ra tes and dur ing such per iods as may be prescribed, and shall allow such stock to depas ture on the public watering-place for such period and under such conditions as may be prescribed.

73. Any person who obstructs stock in the lawful use of any public watering-place, or in the use of any pas tu re or water to which such stock are entitled in accordance with the provisions of this Act or the regulat ions there­under , shall be liable to a penal ty not exceeding twenty-five pounds.

74. E v e r y person in charge of t ravel l ing stock or working large stock on any public water ing-place shall, when required by the caretaker , lessee, or person in charge thereof, produce for inspection the permit , renewed permit , or t ravel l ing s ta tement issued for the j o u r n e y on which the stock a re travell ing, or the license issued in respect of the working large stock, or any order , permi t or license issued under the provisions of the Stock Diseases Act, 1923.

Any person failing to comply with the provis ions of th is section shall be liable to a penal ty not exceding ten pounds .

75. The care taker of any public watering-place and any person authorised by the controll ing au thor i ty may a t any t ime impound in the neares t pound any stock found t respass ing upon any public watering-place, and for tha t purpose shall have the powers conferred upon an occupant by P a r t X V I I I of the Local Government Act, 1919, as amended by subsequent Acts , or where the Impounding Act, 1898, is in force, the powers conferred upon an occupant by tha t Act.

70. A n y person who wilfully— (a) des t roys or injures any tank, dam, s t ructure , or

other work on any public watering-place or any machinery used in connection therewi th ; or

(b)

(b) pollutes, d iver ts , or in ter feres wi th any w a t e r flowing into or in or used or in tended to be used as the source of supply for any such dam, t a n k , or other s t ruc ture ,

shall be liable to a penal ty not exceeding one hundred pounds or to be imprisoned for any t e rm not exceeding six months .

77. Any care taker , lessee, or person in charge of public watering-place who refuses or neglects to comply with the provis ions of this Act or any regulat ions made the reunder shall be liable to a pena l ty not exceeding twenty-five pounds .

78. (1) W h e r e a public water ing-place is let, the r e n t shall be paid to the controll ing au thor i ty and the charges prescr ibed for wa te r ing shall be received and reta ined b y the lessee.

( 2 ) Any charges received by a board or a care­taker and any ren t received by a board shall—

(a) in respect of a public watering-place s i tuated in the E a s t e r n or Centra l Division, be pa id into the Reserves Improvement F u n d of the board a n d out of such fund shall be pa id the sa la ry of the ca re take r ;

(b) in respect of a public watering-place s i tuated in the W e s t e r n Division, be paid into a special f u n d of the board to be called the ' ' Publ ic Wate r ing -places F u n d , " and such fund shall be used in ca r ry ing out any of the works specified in sect ion seventy of this Act.

P A R T VI .

Noxious A N I M A L S .

D I V I S I O N 1.—General.

79. (1) The rabbi t , ha re , fox, and nat ive dog shall be noxious animals for the purposes of this Act.

( 2 ) The Governor may by proclamat ion published in the Gazette, declare any animal or bird to be a noxious

animal

animal throughout the S ta te or within any dis t r ic t or por t ion of a dis t r ic t specified in the proclamat ion and m a y in like manner revoke or v a r y any such declarat ion.

80. (1) The regulat ions may prescribe methods for the suppress ion and dest ruct ion of any noxious animal.

(2) Such methods may include methods for pre­vent ing the spread of any noxious animal and for remov­ing or des t roying any harbour thereof.

(3) The regulat ions may provide for the removal or destruct ion of any ha rbour of any noxious animal within two chains of a rabbit-proof, dog-proof or mar­supial-proof fence and may regulate or prohibi t the use of any method for the suppress ion or destruct ion of noxious animals .

81 . I t shall be the duty of the occupier of any land continuously to suppress and des t roy by any lawful method and in accordance wi th the requirements of a board all noxious animals which a re upon such land or upon any road bounding or in tersect ing the same or any p a r t thereof.

W h e r e any such road is vested in or is under the control of the council of a municipal i ty or shire it shall also be the duty of such council to adopt such methods of sup­press ion or destruction of noxious animals upon the roads as the board may require.

Any occupier who fails to ca r ry out such duty fully and continuously shall be liable on summary conviction to a penal ty not exceeding ten pounds, and on a second con­viction to a penal ty not exceeding twenty-five pounds , and on the thi rd or any subsequent conviction to a penal ty not exceeding one hundred pounds.

82. (1) The board may, by notice published in one or more newspapers circulat ing in the distr ict , require all occupiers of land within the distr ict or p a r t thereof specified in the notice to adopt within a time specified in the notice any one or more of the prescr ibed methods mentioned in the notice within any specified time for the suppress ion and dest ruct ion of any specified noxious animal , and to continue such method dur ing such occupa­tion of the land unless the land is free of the noxious animals .

(2)

( 2 ) The hoard may, in the prescr ibed manner , order any occupier of land to adopt any one or more of the prescr ibed methods specified in the order for the suppress ion and dest ruct ion of any noxious animal on the land, and to continue such method dur ing his occupa­tion of the land unless the land is free of the noxious animals .

(3) Any occupier who— (a) fails to adopt any method for the suppression

and destruct ion of a noxious animal when required so to do by the t e rms of any notice or order published or made under this section; or

(b) fails to continue such methods dur ing his occupation while any noxious animal is on the land,

shall be liable on summary conviction for the first offence to a pena l ty not exceeding fifty pounds , and for any subsequent offence to a penal ty not exceeding one hundred pounds, and the work may be car r ied out at his expense.

(4) An inspector or other person author ised by the board may enter upon any land at any t ime and remain upon such land and take all such steps as a re necessary for the purpose of ascer ta in ing whether the requi rements of any notice or order re la t ing to the sup­pression and destruct ion of noxious animals have been car r ied out and of ca r ry ing out the work if it has not been carr ied out by the occupier.

(5) The expenses incurred in and about any such work shall be recoverable by the board in any court of competent jur isdict ion from the occupier of the land, and the fact tha t such work has been car r ied out and the amount of such expenses may be evidenced by a certificate in the prescr ibed form signed by the cha i rman of the board .

The expenses shall include the cost incur red by the inspector or other person in t ravel l ing to and f rom the land, and a p ropor t iona te p a r t of the sa l a ry or wages of any person employed on the work, hav ing r e g a r d to the t ime occupied by h im on the work, and in t rave l l ing to and from the land, and the cost of any assis tance em­ployed, and appl iances or mate r ia l s used in connection with the work.

83 .

83. Subject to the provisions of the Careless Use of F i r e Act, 1912, as amended by subsequent Acts , and for the purpose of des t roying or suppress ing noxious animals , any occupier may, within any per iod for which permiss ion has been given by the board, and subject to such conditions as the board may impose, bu rn any s t raw, stubble, g rass , herbage, scrub, wood, or other inflammable ma te r i a l on the land occupied by him.

84. (1) The Governor may, by proclamat ion pub­lished in the Gazette, declare any animal, bird, or repti le to be a na tu r a l enemy of any noxious animal, and m a y by the same or by any subsequent proclamat ion prohibi t the dest ruct ion of any such animal, bird, or rept i le within a n y dis t r ic t specified in the proclamat ion.

(2) Any person who in any dis t r ic t re fer red to in subsection one of this section kills, wounds, or captures any animal, bird, or repti le, the destruct ion of which has been prohibi ted in the distr ict , or except with the approva l of the Minister , holds such animal, bird, or repti le in captivi ty, shall be liable on summary conviction to a penal ty not exceeding ten pounds.

85. The Minis ter m a y g r a n t permiss ion to keep noxious animals under such conditions as may be p re ­scribed, and on payment of such fees as may be p re ­scribed, and which shall be pa id to the Consolidated Revenue F u n d .

86. (1) The obligation laid by the provisions of this P a r t upon an occupier of land to suppress or des t roy noxious animals shall be deemed to include an obligation upon him to suppress or des t roy noxious animals upon—

(a) any t ravel l ing stock reserve intersect ing the land or forming p a r t of the boundary thereof;

(b) any watercourse or inland water , t idal or non-tidal , the lands on the opposite sides of which a r e occupied by h i m ;

(c) any adjoining land, watercourse , or inland wa te r enclosed therewi th by means of a give and take fence; and

(d) t ha t por t ion of any adjoining watercourse or inland wa te r up to the middle line where the land on the opposite sides thereof is occupied by different persons and there is no give and take fence.

(2)

(2) The methods of suppress ing and des t roying noxious animals which may be required or ordered under this P a r t shall not include the erection of any fence or the making of any fence rabbit-proof, dog-proof, or mar ­supial-proof.

(3) An occupier of land which is fenced with a sufficient fence to prevent the passage of a par t i cu la r noxious animal shall be under no obligation to suppress and des t roy t ha t kind of noxious animal upon a t ravel­ling stock reserve or road which intersects , bounds, or adjoins the land so fenced.

87. (1) Any person who wilfully carr ies , dr ives , or passes any noxious animal through, under , or over any fence or ga te intended to prevent the passage of any noxious animal shall be liable on conviction to a penal ty of not less than fifty pounds and not exceeding two hun­dred and fifty pounds.

(2) Any person who— (a) wilfully or negligently leaves open any gate in

such a fence; (b) wilfully or negligently des t roys or injures any

such a fence or ga te or in terferes wi th it or the soil under it in a manne r likely to impai r i t s efficiency as a b a r r i e r of noxious an ima l s ;

(c) l iberates or wi thout the permission of the Minis­ter has in his possession any noxious an imal ;

(d) wilfully des t roys , injures , or removes any art icle or m a t t e r which is being used or is intended to be used for the suppress ion and destruct ion of noxious animals or in terferes with any such article or m a t t e r in a manner likely to impai r i ts efficiency;

(e) a t t empts to commit any of the foregoing offences,

shall be liable on conviction to a penal ty not exceeding fifty pounds.

88. (1) A board shall, out of its P a s t u r e s Protec t ion F u n d or out of any special fund consti tuted for the purpose , p a y a bonus a t the r a t e prescr ibed in respect of i ts distr ict for the destruct ion of dingoes des t royed within the distr ict , and shall give notice of the ra te of bonus payable in a newspaper circulat ing in the distr ict .

(2)

(2) A board may, from any such fund, pay a bonus for the destruct ion of any other noxious animal des t royed within i ts dis tr ict a t such ra te as it may from t ime to time notify in a newspaper circulat ing in the dis tr ic t .

89. W h e r e the scalps of any noxious animals des t royed within a dis t r ic t ( together with a s t r ip of skin a long the back and the tail if they are dingoes) are delivered to the secre tary of the board, or to a person duly author ised by such board to receive the same, a certificate in the prescr ibed form shall be granted by him to the person delivering the scalps.

The amount specified in any such certificate shall be payable on presenta t ion to the t r easu re r or other person author ised by the board.

All such scalps shall be forthwith des t royed by fire by the secre tary or such authorised person in the presence of a witness. The person des t roying the scalps and the witness shall certify to the board in the prescribed form tha t the scalps have been duly des t royed :

Provided tha t the scalps of foxes, if a t tached to the skins, may be indelibly marked for identification pur­poses with a per fora t ing ins t rument in such a way as not to injure the scalp unnecessari ly, and such scalps and skins may be disposed of in such manner as the board may direct.

90. (1) Any person who wilfully claims any bonus for the destruct ion of any noxious animal in connection with which a bonus has a l ready been paid shall be liable to a penal ty not exceeding one hundred pounds .

(2) Any person who wilfully claims a bonus for the destruct ion of any noxious animal which has not been destroyed in the dis t r ic t of the board shall be liable to a penal ty not exceeding one hundred pounds .

91 . (1) A board may, for the purpose of defraying any costs incurred in connection with the suppression and destruct ion of noxious animals, levy a special ra le on the occupiers of land within the distr ict or within any p a r t of a distr ict approved of by the Minister .

(2) Such ra te shall not exceed one-third of a penny per head of sheep or twopence per head of large stock.

( 3 )

(3) The provis ions of P a r t I I I of this Act shall, muta t i s mutandis , apply to the making, calculation, notification, collection, payment , and recovery of such special r a t e .

(4) The proceeds of any such special r a t e shall be pa id into a special fund, and shall no t be expended except for the purpose for which it was imposed.

D I V I S I O N 2.—Alsatian Dogs.

92. This division shall apply to the pas tu res protec­tion dis t r ic ts of Armidale , Bombala, Casino, Cooma, Glen l imes , Gloucester, Grafton, Gundagai , Hume, P o r t Mac-quarie , Tamwor th , Tenterfield, Tweed-Lismore and Yass , and to every pas tu res protect ion distr ict within the Western Division.

93 . F o r the purposes of this Division " A l s a t i a n d o g " means a dog, whether male or female, which is wholly or pa r t ly of the species or kind commonly known as " A l s a t i a n d o g " or " A l s a t i a n wolf h o u n d , " or belongs wholly or pa r t l y to any var ie ty of the said species by whatever name such var ie ty may be known but doe3 not include any such dog the p rope r ty of the S ta te used for police purposes .

9-1. (1) Any person who, af ter the expiry of three months from the da te of the commencement of this Act, keeps or has in his possession or under his control within a distr ict to which this Division applies, any Alsa t ian dog which is not effectively sterilised, shall be guil ty of an offence, and upon conviction shall be liable to a penal ty not exceeding fifty pounds.

(2) On the hear ing of any charge of an offence against subsection one of this section the onus of proof tha t the dog has been effectively steri l ised shall be upon the defendant .

(3) The onus of proving effective s ter i l isat ion shall not be deemed to have been discharged unless the defendant produces a certificate by a ve te r inary surgeon regis tered under the Vete r inary Surgeons Act, 1923, to the effect that the dog has been so steril ised.

95 .

95. (1) W h e r e any person has been convicted of an offence agains t section ninety-four of this Act the board m a y by order in wr i t ing require such person to des t roy the dog in respect of which the offence was committed, within a period to be l imited in the order unless, before the expira t ion of such period, the dog has been effectively steri l ised or has been permanent ly removed from the distr ict .

(2) If any dog mentioned in the o rde r is effec­t ively sterilised, the person to whom such order has been given shall produce to the board a certificate of a veter­i n a r y surgeon regis tered under the Ve te r ina ry Surgeons Act, 1923, to the effect tha t the dog has been so sterilised.

(3) W h e r e any person fails to comply wi th an order under subsection one of this section, the board may direct an inspector or an officer of the board to des t roy the dog ment ioned in the order .

(4) The inspector or officer so directed may enter upon any land or premises where such dog is, or is reasonably believed to b e ; and if the certificate re­fer red to in subsection two of this section is not produced to him on demand, may des t roy the dog.

(5) The expenses of the inspector or officer in or about the destruct ion of any such dog may be recovered as a debt in any court of competent jur isdict ion by the board from the person to whom the order was given.

The expenses shall include the cost incurred by the inspector or officer in t ravel l ing to and from the land or premises and a p ropor t iona te p a r t of the sa lary or wages of such inspector or officer, having r ega rd to the t ime occupied by him on the work, and in t ravel l ing to and from the land or premises .

D I V I S I O N 3.—Dingo destruction districts. 90. (1) The Governor may, by proclamat ion pub­

lished in the Gazette, consti tute dingo destruct ion dis t r ic ts in the Centra l and E a s t e r n Divisions.

(2) The Governor may at any t ime in like manner revoke or va ry any such proclamation.

97. (1) There shall be a dingo destruct ion board for each dingo destruct ion district .

(2)

(2) A dingo destruct ion board shall consist of a like number of members as the number of pas tu res pro­tection dis t r ic ts which a re wholly or p a r t l y within the dingo destruct ion district .

(3) The members of the dingo dest ruct ion board shall be appointed by the Governor from the persons nominated in accordance with this section, and shall, sub­ject to subsection five of th is section, hold office for a per iod of th ree years from the da te of appointment .

One such member shall, subject to subsection six of this section, be appointed by the Governor from the persons nominated by the board of each pas tu re s protect ion distr ict which is wholly or pa r t l y within the dingo destruct ion distr ict .

(4) Each pas tu re s protect ion board whose dis­tr ict is wholly or pa r t ly within the dingo destruct ion dis­t r ic t shall within the t ime and in the manner prescribed nominate a director or r a t epaye r of i ts dis t r ic t for appoin tment as a member of the dingo destruct ion board.

(5) W h e r e a vacancy in the office of a member of a dingo destruct ion board occurs otherwise than by the expira t ion of the period for which he was appointed, the person appointed to fill such vacancy shall hold office for the balance of his p redecessor ' s period of office.

(6) If any pas tu res protect ion board fails to make a nominat ion, or to make a nominat ion satisfac­to ry to the Minis ter within the prescr ibed t ime the Governor may appoint any di rec tor or r a t epaye r of the dis t r ic t of t ha t board to be a member of the dingo destruct ion board.

(7) A dingo dest ruct ion board shall in each year elect one of i ts members as chairman.

( 8 ) The expenses to be paid to members of dingo dest ruct ion boards shall be as prescribed.

98. ( 1 ) The dingo destruct ion board may appoin t a secre tary . The salary to be pa id to the secre tary shall be subject to the approva l of the Minister .

(2) The secre tary shall be unde r the control of the dingo dest ruct ion board and may be removed or suspended at any t ime by such board or the Minister .

(3)

(3) The Minister may specify a t what place the office of the dingo destruct ion board shall be s i tuate .

99. Any person author ised by a dingo dest ruct ion board may enter upon any land a t any t ime, and remain upon such land, and take all such steps as a r e necessary f o r the purpose of ascer ta in ing whether the requi rements of this Act re la t ing to the destruct ion of nat ive dogs a r e being carr ied out.

100. (1) "Where a dingo destruct ion board has reason to believe t ha t there a re nat ive dogs upon any land they may, by notice in wri t ing, require the occupier of such land to do such acts, and take such steps as a re specified in the notice, within the t ime specified there in for the m o r e effective destruct ion of nat ive dogs upon such land.

(2) Any occupier who— (a) does not forthwith, af ter service upon him of

the notice, commence to comply therewi th ; or (b) having so commenced, does not continue such

compliance, shall be deemed to have failed to comply with such notice

a n d shall be liable to a penal ty not exceeding one hundred pounds.

101. (1) Where a dingo dest ruct ion board is satisfied t h a t an occupier has failed to comply with a notice under section one hundred, any person authorised by it may—

(a) enter upon the land re fe r red to in the notice, with or wi thout ass is tants , horses, and vehicles;

(b) use all such means , and do all such acts, as he considers necessary to ensure the destruct ion of nat ive dogs upon such l and ;

(c) remain upon and shall have free r ight of access into and over such land for such period, and a t such t imes as may be necessary for des t roying nat ive dogs upon such land. (2) No authorised person, or person employed

by him or the board shall be deemed a t respasser , or be liable for any damage occasioned by him in the exercise of his author i ty , or in the course of his employment, unless such damage is occasioned wilfully and without necessity.

102.

102. Any reasonable expense incur red or pa id by a dingo destruct ion board, or on i ts behalf upon or in relat ion to any land in the exercise of any of the powers conferred by section one hundred and one shall be a debt due by the occupier of the said land to such board, and may be recovered by the secre tary of such board in any court of competent jur isdict ion.

103. (1) A dingo destruct ion board shall a t the p re ­scribed t ime in each yea r f rame es t imates of i ts expendi­tu re in the for thcoming year , and m a y by resolution requi re the pas tu res protect ion boards within the dingo destruct ion dis t r ic t to provide such amount , and to make same available a t such t imes and in such ins ta lments as a r e specified in the resolution.

(2) The amount to be provided by each pas tu res protect ion board shall be t ha t amount which bears the same propor t ion to the to ta l es t imated expendi ture a s the a rea of the pas tu res protect ion boa rd ra tab le for p a s t u r e s protect ion r a t e included in the dingo des t ruc­t ion dis t r ic t bears to the to ta l a rea of the land so ra tab le in the dingo dest ruct ion distr ict .

(3) The amount which may be requi red to be pa id by a pas tu res protect ion board wi thin any y e a r shall not exceed the sum which is equivalent to n inety pe r centum of the amount which will be produced by a r a t e of one fa r th ing pe r acre of the land ra tab le for pa s tu re s protect ion r a t e within the dis t r ic t of the p a s t u r e s protect ion board and included in the dis t r ic t of tho dingo destruct ion board.

(4) A dingo dest ruct ion board may recover a s a debt from a pas tu res protect ion board the amount requi red to be paid by such board by the resolution.

Any such proceedings may be taken in the name of the secretary, or if there be no secretary, the cha i rman on behalf of the dingo dest ruct ion board.

104. (1) Each pas tu res protect ion board may, for the purpose of provid ing the amount requi red by a dingo dest ruct ion board and the cost of collecting the r a t e , levy a special r a t e in the manne r prescr ibed upon all land ra tab le for pa s tu re s protect ion ra tes .

(2) Such r a t e shall be calculated upon the a r ea of the ra tab le land and shall not exceed one f a r th ing pe r acre .

105.

105. (1) The dingo destruct ion board for the southern tablelands distr ict as consti tuted a t the com­mencement of this Act shall be deemed to have been const i tuted under this Act and the members thereof shall hold office until the thir t ie th day of J u n e , one thousand nine hundred and thirty-five.

(2) Any vacancy in the office of a member of such board occurring pr ior to tha t da te may be filled by the appoin tment by the Governor of some fit person.

(3) All acts of the Southern Table lands Dingo Destruct ion Board done or performed before the com­mencement of this Act, which would have been valid if this Act had then been in force are hereby validated.

100. Each dingo destruct ion board shall open a t rus t account in such bank and town as may be decided upon, into which shall be paid all amounts provided by the pas tu res protect ion boards and such account shall be opera ted upon by the chairman, one other member of the board, and the secretary, or any two of them.

107. All moneys received by a dingo destruct ion board shall be expended on the destruct ion of nat ive dogs in its distr ict and in otherwise ca r ry ing out the provis ions of this Division of this P a r t of this Act.

108. All moneys advanced to the Southern Table­lands Dingo Destruct ion Board by the Crown pr io r to the commencement of this Act shall be repaid to the Colonial T r e a s u r e r from the amounts provided by the pas tu res protection boards within the Southern Tablelands Dingo Destruct ion Distr ict within a period of four yea r s from the first day of October, one thousand nine hundred and th i r ty- three , in such instalments as the Colonial T r e a s u r e r d i rec t s : Prov ided tha t the Colonial T r e a s u r e r may extend such period for such time and from time to t ime as he thinks fit.

P A R T

P A R T V I I . R A B B I T , M A R S U P I A L , A N D D O G - P R O O F F E N C E S .

D I V I S I O N 1.—Wire Netting. 109. (1) W h e r e money is voted by Pa r l i amen t f o r

the purchase of ne t t ing or other mater ia l s used in t h e construct ion of rabbit-proof, dog-proof, or marsupia l -proof fences, or any machinery, p lant , or substances for the destruct ion of noxious animals, the Minister may apply the same to such purposes .

(2) The Minis ter may sell o r let any such net­t ing, mater ia l , machinery, plant , or substances to a n y owner of p r iva te land on the t e rms and subject to the execution of such agreement as is prescribed.

(3) The cost of any such net t ing, materials , , machinery, p lan t and substances so sold, and all expenses in connection with the same, shall be repa id by such owner to the Minis ter in ins ta lments spread over such-per iod as the Minis ter may determine, with in teres t on the amount due a t the r a t e prescribed.

(4) (a) Such purchase money and interest shall be a charge on the holding of the owner re fer red to in the ag reement ; such charge shall have p r io r i ty over all mort ­gages or o ther charges thereon other t han those in f avour of the Crown with which such charge shall rank p a r i passu.

(b) Any such ne t t ing shall be erected wi th in such per iod af ter del ivery thereof as may be specified by the Minister .

(c) The let t ing of machinery or other appl i ­ances for the destruct ion of noxious animals shall be subject to the prescr ibed t e rms and conditions.

(5) Nothing in th is section shall affect t he operat ion of any provis ion of the Conveyancing Act , 1919-1932.

110. (1) A board shall within its dis t r ic t and a s agent for the Minis ter collect all moneys due and payable to the Minis ter for net t ing, mater ia l , machinery, p lan t or substances sold or let to an owner within such distr ict by the board pu r suan t to any enactment repealed by this Act or by the Minis ter pu r suan t to this Act, and shall p a y such moneys to the Minister at such t imes as a r e prescr ibed.

(2)

(2) If the board fails to pay such moneys to the Minister at the times prescribed the Minister may forth­with take possession of any moneys or other p rope r ty vested in the board and may make assessments and levy r a t e s under this Act, and for tha t purpose shall have and may exercise the powers of the board.

111 . If any owner of a holding makes default in respect of the payment of any instalment payable to t he Minis ter in respect of ne t t ing or other mater ia l , machinery, plant , or substances, in teres t shall be charged on such insta lment at a r a t e not exceeding ten per centum p e r annum from the da te appointed for the payment thereof unti l the same is paid, and such interes t shall be added to and be deemed to form p a r t of such ins ta lment .

P rov ided tha t in any case where the Minis ter is satisfied tha t the circumstances w a r r a n t it, he may direct t ha t the whole or p a r t of such in teres t shall not bo charged or may g r a n t an extension of t ime for the pay­ment of all or any p a r t of such interest .

112. (1) W h e r e the owner of a holding owes money to the Minister for ne t t ing or other mater ia l s , whether such money is or is not then payable, and is entit led to any contribution from an adjoining owner towards the cost of any fencing in respect of which such net t ing or mate r ia l s were supplied, such adjoining owner may, and if directed in pursuance of this section shall pay to the board as agent for the Minister , so much of the contribu­t ion as is due and payable in respect of the ne t t ing and mater ia l s and does not exceed the amount owing by the first-mentioned owner to the Minister .

(2) Where money is so owing to an owner or to the Minister , the owner or the Minis ter may apply to the local land board to have the contribution assessed.

(3) W h e r e any owner of a holding applies to have any such contr ibut ion assessed, notice thereof shall be given by him to the Minister, and any person duly appointed in tha t behalf by the Minis ter may a t t end at such assessment , and shall be heard .

(4) W h e r e any assessment of such contribution is made, payment may be directed by the local land board to be made to the Minister in terms of this section.

113.

113. (1) W h e r e it appears to the Minis ter that the occupier or owner for the time being of any holding in respect of which any ne t t ing or other ma te r i a l has been purchased from the Minister , but not fully paid for, has neglected to main ta in or r epa i r such ne t t ing or material , or any p a r t thereof, the Minis ter may give notice to such occupier or owner to execute the works necessary to main ta in or r epa i r the same.

W h e r e such works a re not for thwith executed to the sat isfaction of the Minister, he may cause such works to be executed, and may recover the reasonable cost thereof from the occupier or owner in any court of competent "jurisdiction.

(2) A certificate in the prescr ibed form, signed by the Minister , shall be p r ima facie evidence of such cost.

114. The Minister may sell for cash to the occupier of any holding, on applicat ion by such occupier in the prescr ibed form, any net t ing, mater ia ls , machinery, plant , or substances purchased out of money, voted by Par l i a ­ment .

Secur i ty in the prescr ibed form shall be taken to ensure tha t any such net t ing, mate r ia l s , machinery, plant , o r substances shall only be used on, or in connection with, the holding in r e g a r d to which the applicat ion was made and shall be so used within the time specified by the Minister .

115. W h e r e the owner of a holding owes money to the Minis ter for ne t t ing or other mater ia l s used upon the holding and such holding is forfeited or su r rendered to the Crown, the p r o p e r t y of such owner in such net t ing and mater ia l s and any r igh t which such owner may have to recover contr ibution in respect of same shall pass to and vest in the Minister .

116. Any person who—

(a) wilfully uses or disposes of any net t ing, mater ia l s , machinery, p lant , or substances supplied by the Minister under this Act, for any purpose or in any way other than tha t for which they were so suppl ied; or

(b)

(b) fails to erect ne t t ing or mater ia l s supplied within the per iod specified by the Minister,

shall on summary conviction be liable to a penal ty not exceeding fifty pounds.

DIVISION 2.—Fences.

117. The Governor may, by regulat ion, prescr ibe the classes of fencing which shall be deemed to be rabbit-proof, dog-proof, or marsupial-proof, as the case may be.

118. (1) The board of the distr ict within which any fence alleged to be rabbit-proof, dog-proof, or marsupia l -proof is s i tuated shall, if so required in wr i t ing by the owner of the fence, cause the said fence to be inspected, and may charge for such inspection the prescr ibed fees.

W h e r e the board is satisfied tha t the fence is rabbit-proof, dog-proof, or marsupial-proof, i t shall g r a n t a certificate accordingly in the prescr ibed form.

(2) In any proceeding before a local land board in respect of a rabbit-proof, dog-proof, or marsupia l -proof fence, or in a court to recover money by way of contr ibution in respect of any such fence, such certificate shall be p r ima facie evidence of the ma t t e r s s ta ted therein .

119. (1) W h e r e any lands are divided or bounded by a road or t ravel l ing stock reserve or public lands, the local land board may, upon applicat ion in the pre­scribed manner and payment of the prescr ibed fee, g r an t to the occupiers or owners of such lands, or any of such owners or occupiers, permission to ca r ry a rabbit-proof, dog-proof, or marsupial-proof fence across such road, reserve , route, or public lands.

(2) A rabbit-proof, dog-proof, or marsupial-proof gate as the case may require shall be erected at any place where the fence crosses any such road or reserve , unless the local land board dispenses with the erection of the same.

(3) Any permission or dispensat ion granted, under this section may be g ran ted for a limited t ime and subject to conditions, and may bo revoked by the local land board upon reference by the Minister or application by any person interested.

( 4 )

(4) Any gate so erected shall be deemed to be a public ga te within the meaning of the Public Gates Act, 1901, and the provis ions of tha t Act, and of section 251A of the Local Government Act, 1919, a s amended by subsequent Acts , shall apply to and in respect of such gate .

(5) The Local Government Act, 1919, as amended by subsequent Acts, is amended—

(a) by omit t ing from subsection two of section 251A the words " rabb i t -p roof or dog-proof enc losu re" and by inser t ing in lieu thereof the words " r a b ­bit-proof, dog-proof, or marsupial -proof f e n c e " ;

(b) by omit t ing from subsection nine of the same section the words "enc losure of which it forms pa r t is made rabbit-proof or dog-proof" and by inser t ing in lieu thereof the words " fence of which it forms p a r t is made rabbit-proof, dog-proof or marsupia l -proof . "

120. W h e r e a rabbit-proof, dog-proof, or marsupia l -proof fence on Crown lands, erected or made rabbit-proof, dog-proof, or marsupial-proof before or af ter the com­mencement of this Act (not being a ba r r i e r fence erected or made rabbit-proof, dog-proof, or marsupia l -proof by, or pr incipal ly by, the Crown or a board under the Acts hereby repealed or the P a s t u r e s Pro tec t ion Act, 1902, or a rabbi t board under the Rabbi t Act, 1901). in the opinion of the Minis ter makes rabbit-proof, dog-proof, or marsupia l -proof certain Crown lands, such fence shall, for the purposes of this section, be deemed to be an improvement d is t r ibuted equally over all such lands, and the value thereof shall be the value of the improvement to an incoming tenant of such lands , and any purchaser or lessee thereof shall pay for the same in accordance with the provisions of the Crown Lands Acts or the W e s t e r n Lands Acts .

121 . (1) The occupier of a holding consist ing wholly or in p a r t of Crown lands held under occupation license or annual lease, may give notice in the prescr ibed form to the cha i rman of the local land board tha t he intends to make such holding rabbit-proof, dog-proof, or marsup ia l -proof by erect ing a rabbit-proof, dog-proof, or marsupia l -proof fence, or convert ing a fence into a rabbit-proof, dog-proof, or marsupia l -proof fence.

(2)

(2) W h e r e such notice has been given, and the consent of the local land board has been obtained, and such holding has been made rabbit-proof, dog-proof, or marsupial-proof, in accordance with the te rms of the consent , the holding shall be deemed to have been made rabbit-proof, dog-proof, or marsupial-proof, by a rabbit-proof, dog-proof, or marsupial-proof fence as from the da te of such consent, so fa r as r ega rds the payment under th is P a r t for improvements in connection with any lands wi thd rawn from occupation license or annual lease by becoming the subject of any purchase or lease from the Crown af ter the date of such consent, but only if the rabbit-proof, dog-proof, or marsupial-proof fence is com­pleted within one yea r from the da te of such consent, or within such fur ther t ime as the local land board on appl icat ion may allow.

122. If any holding, or por t ion of a holding, is bounded in p a r t by a na tu ra l fea ture along which, in the opinion of the local land board or the hoard, it is unnecessary to erect a rabbit-proof, dog-proof, or mar ­supial-proof fence, such holding, or por t ion of a holding, shall be deemed to be enclosed by a rabbit-proof, dog proof, or marsupial-proof fence, where the remain ing boundaries are sufficiently so fenced.

123. (1) W h e r e a boundary , or any p a r t thereof, of a n y holding, is fenced with a rabbit-proof, dog-proof, or marsupia l -proof fence, or a fence on such boundary , or p a r t thereof, has been made rabbit-proof, dog-proof, or marsupial -proof at the expense of the occupier or owner of such holding, or of the occupier or the owner of any land included in the holding, a contr ibution towards the cost of the work shall, subject to the provisions of this Division, be payable by the owner of any land outside the holding and adjoining the rabbit-proof, dog-proof, or marsupia l -proof fence to the occupier or owner who has incur red such expense.

(2) Such a contribution shall not be payable where the local land board is of opinion—

(a) that the rabbit-proof, dog-proof, or marsupia l -proof fence has been expected, or the fence has

been

been made rabbit-proof, dog-proof, or marsupia l -proof, otherwise than bona tide for the purpose of excluding or des t roying rabbi ts , nat ive dogs, or m a r s u p i a l s ; or

(b) tha t no benefit is der ived from the fence by the holding from the owner of which a contr ibution is demanded; or

(c) tha t the na tu r e of such holding is such tha t i t cannot be kept rabbit-proof, dog-proof, or mar ­supial-proof by the erection and reasonable maintenance and repa i r of a rabbit-proof, dog-proof, or marsupia l -proof fence. (3) "Where the owner of such holding a t any

t ime makes use of such fence as p a r t of a rabbit-proof, dog-proof, or marsupial -proof enclosure, such owner shall be liable for payment of a contr ibution in respect of so much of the fence as forms the boundary of such enclosure.

(4) Notwi ths tanding tha t the local land board has in any case decided tha t no benefit was derived from the fence by the holding from the owner of which a contr ibut ion has been demanded, if such board a t any t ime subsequently decides t ha t a benefit is then being derived from the fence by such holding, a contr ibut ion shall thereupon become payable in respect thereof.

(5) W i t h r ega rd to contr ibut ions the following provis ions shall app ly :—

(a) the r igh t to receive a contr ibut ion as aforesaid shall vest, and the liabili ty to pay the same shall ar ise , when the then occupier or owner of t he holding gives in the prescr ibed manne r to the then owner of the land outside the holding the prescr ibed notice of demand ;

(b) any fence which, in the opinion of the local land board, is sufficiently approx imate to any boundary shall be deemed to be on such bound­a r y for the purposes of this section ;

(c) the local land board shall upon applicat ion in the prescr ibed manner and payment of the p r e ­scribed fee—

(i) determine the amount of the contr ibut ion payab le ; and,

(ii)

(ii) subject to the provisions of this section, assess the amount of such contr ibut ion according to the benefit der ived and to be derived from the fence;

(d ) in no case shall the contribution exceed half the value of the fence, or half the value of the work of making the fence rabbit-proof, dog-proof, or marsupial-proof, as the case m a y b e ; and such value shall be the value a t the da te when the prescr ibed notice of demand was g iven;

(e) any determinat ion of the local land board under this section shall be regis tered in the Regis ter of Causes, Wr i t s , and Orders affecting land in Hie office of the Regis t ra r -Genera l ; upon such reg is t ra t ion the amount so determined or so much thereof as may for the t ime being remain unpaid shall, as from the date upon which the prescr ibed notice of demand is given and unti l payment , be and remain a charge on the land in respect of which such contr ibution is payable.

(6) No holder of an occupation license or pre­ferent ial occupation license, or of any lease from the Crown having less than five yea r s to run at the date of completion of a rabbit-proof, dog-proof, or marsupia l -proof fence on the boundary of an adjoining holding, shall be liable for payment of a contr ibut ion under this Division, but in lieu thereof such holder shall be liable to pay an annual renta l in respect of such fence from the da te when a claim in wr i t ing is made in tha t behalf by the person who but for this subsection would be enti t led to a contribution.

The amount of such annual renta l and the dates for paymen t thereof shall, on application, be determined by the local land board.

Such amount shall be assessed at an amount not ex­ceeding six per centum upon half the value of the fence a t the date of the claim, or half the value of the work of making the fence rabbit-proof, dog-proof, or marsupia l -proof, as the case may be, together with such fur ther amount towards the average cost of the maintenance

and

and r epa i r of the fence as may be agreed upon between the pa r t i e s , or, failing such agreement , as may be determined by the local land board.

(7) Nothing in the Crown Lands Acts, the West ­e rn L a n d s Acts , or any Act re la t ing to dividing fences shall relieve any person from liability to make any pay­ment under this Act.

(8) Any notice of demand in respect of a rabbit-proof fence erected or made rabbit-proof before t he commencement of this Act shall be served within twelve months from such commencement.

A n y notice of demand in respect of a rabbit-proof, dog-proof, or marsupial-proof fence erected or made rabbit-proof, dog-proof, or marsupia l -proof after such commencement shall be served within twelve months a f te r the completion of the work for which contr ibution i s claimed, or where the adjoining land is public land, and no contr ibut ion is payable in respect thereof, then within twelve months after such land ceases to be public land, or where the adjoining land is, a t the date of completion of the work for which contr ibut ion is claimed, held unde r an occupation license or preferent ia l occupation license or any lease from the Crown having less than five y e a r s to run a t the da te of such completion, then within twelve months af ter such land ceases to be so held, or if such land thereupon becomes public land and no contr ibut ion is paid by the Crown, then within twelve months a f te r such land becomes pr iva te land in respect of which a con­t r ibut ion is payable.

(9) W i t h any applicat ion to assess the amount of contr ibut ion or annual ren ta l payable , a copy of t he notice of demand or of the claim in wri t ing, as the case may be, shall be forwarded to the dis t r ic t surveyor for the land board dis t r ic t within which the land is s i tua ted , or where the land is s i tuated within the Wes t e rn Division, to the W e s t e r n Lands Commissioner.

124. (1) In any case where a contr ibution towards the cost of a rabbit-proof, dog-proof, or marsupia l -proof fence is payable under any of the provisions of t h i s Division, an annual contribution towards the expenses incur red in the maintenance and repa i r of the fence shall also be paid.

Fur

F o r the purposes of such annual contribution the yea r s shall be taken to run from the da te or r ecur r ing date of the notice of demand for a contr ibution towards the cost of the fence.

(2) The r ight to receive such annual contribu­t ions and a corresponding duty to main ta in and repa i r the fence shall run with the holding whereof the occupier or owner was entitled to receive payment of the con­t r ibut ion towards the cost of the fence, and the liability to pay such annual contr ibutions shall run with the land whereof the owner was liable to pay the aforesaid con­t r ibut ion towards the cost of the fence.

(3) The amount of such annual contr ibut ion shall be one-half the expenses of or incidental to the maintenance and repa i r of the fence as determined by the local land board.

(4) Nothing in this section shall affect any r igh t to an annual contribution towards the cost of the maintenance and repa i r of a rabbit-proof fence accrued under or by v i r tue of the provisions of the Rabbi t Act of 1890, the Rabbi t Act, 1901, the P a s t u r e s Pro tec t ion Act, 1902, or the P a s t u r e s Pro tec t ion Act, 1912, and the local land board shall have power to assess and determine the amount of any such contribution.

125. (1) "Where a pr iva te rabbit-proof, dog-proof, o r marsupia l -proof fence, erected or made rabbit-proof, dog-proof, or marsupial -proof before or after the com­mencement of this Act (not being a ba r r i e r fence erected or made rabbit-proof, dog-proof, or marsupial -proof by o r pr incipal ly by the Crown or a board under the Acts repealed by this Act or the P a s t u r e s Protec t ion Act, 1902, o r by a rabbi t board under the Rabbi t Act, 1901), forms a common boundary fence between pr iva te and public lands, and before or af ter the commencement of this Act par ­t iculars of such fence have been furnished to the Minister , and he has consented to the erection of the fence or to the making of a boundary fence rabbit-proof, dog-proof, o r marsupial-proof, the same contribution shall be pay­able by the Crown in respect of erect ing the fence or making it rabbit-proof, dog-proof, or marsupial -proof as would be payable by any p r iva te owner.

( 2 )

(2) W h e r e the Crown erects or makes rabbit-proof, dog-proof, or marsupial-proof a fence which forms a common boundary between public and p r iva te lands, the like contr ibut ions towards the cost and the main­tenance and r epa i r of the fence shall be payable by the owner or occupier of the p r iva te lands to the Crown as would have been payable had the public lands been p r iva te lands.

The notice of demand may be given by the Colonial T reasu re r , and the contr ibut ions when received by him shall be pa id to the account from which the expendi ture upon the fence was made.

(3) The amount of contr ibut ions payable under this section shall be determined by the local land board.

126. (1) The board may, where it considers it neces­sa ry for the p rope r protect ion or improvement of a t ravel­l ing stock reserve, by notice in wr i t ing require the owner of any land adjoining the reserve within the t ime specified in the notice—

(a) to erect on the common boundary of the land and the t ravel l ing stock reserve a fence sufficient to p reven t the passage of any kind of stock (inclu­ding pigs or goats ) specified in the not ice ;

(b) to a l ter or r epa i r any fence a l ready on the common boundary so as to render it sufficient for the purpose aforesa id ; or

(c) to erect on the common boundary a rabbit-proof, dog-proof, or marsupial-proof fence, or to render rabbit-proof, dog-proof, or marsupial-proof any fence a l ready thereon. (2) If the owner is requi red in pursuance of

subsection one of this section to erect a rabbit-proof, dog-proof, or marsupial-proof fence or to r ender any fence rabbit-proof, dog-proof, or marsupia l -proof he shall be entitled to claim and recover from the board for the dis t r ic t a contr ibution not exceeding half the reasonable cost of erect ing the fence or render ing i t rabbit-proof, dog-proof, or marsupial -proof as the case may be, and thereaf te r half the cost of main ta in ing same.

(3) If the owner fails to comply with the t e rms of the notice within the time specified therein the board m a y cause the fence to be erected, al tered, repai red , or

rendered

rendered rabbit-proof, dog-proof, or marsupial-proof, as the case may be, and may recover from the owner in any court of competent jur isdict ion—

(a) the cost so incurred in respect of a fence refer red to in p a r a g r a p h s (a) or (b) of subsection one of this section; or

(b) in the case of a rabbit-proof, dog-proof, or mar­supial-proof fence, half the cost, and also half the cost of maintenance, if the board main ta ins the fence. (4) If an owner and a board fail to agree in

r ega rd to cost under subsection two or subsection three of this section the amount shall be determined by the local land board upon applicat ion by ei ther pa r ty .

(5) This section shall not apply to the holder of an annual lease, occupation license, or preferent ia l occupation license, or of any lease from the Crown having at the date of the service of the notice an unexpired te rm of less than five years .

127. The intervention of a road or watercourse be­tween two holdings shall not prevent holdings or lands being taken to be adjoining, or prevent a claim for con­t r ibut ion for erection, net t ing, or maintenance being brought in respect of a fence on either side of such road o r watercourse—

(a) if such fence has been used as a common bound­a ry fence by the owners or occupiers of the holdings on either side thereof; or

(b) if in the opinion of the local land board such fence can be reasonably used as a common boundary fence by the owners or occupiers of the holdings on either side thereof.

128. (1) I n any case where a rabbit-proof, dog-proof, or marsupia l -proof fence is used as a boundary or p a r t of a boundary between two holdings, and expense is incurred by the owner or occupier of ei ther of such hold­ings in the work of maintenance and repa i r of such fence, the owner or occupier who has incurred such expense may serve the prescr ibed notice of demand on the owner or occupier of the holding on the other side of such fence, and shall be entit led thereaf te r to recover from him a contr ibution towards the cost of such work.

The

The amount of such contr ibut ion shall be assessed by the local land board, and shall be one-half the reasonable cost of the work.

(2) If any boundary fence is not being main­ta ined as an effective rabbit-proof, dog-proof, or mar­supial-proof fence, and such maintenance of the fence is necessary, the owner or occupier of the holding on ei ther side of each fence may, for the purpose of the effective maintenance of such fence, by himself or his agents o r servants , enter on the land of the adjoining owner or occupier.

(3) This section shall apply only to work effected on fences in respect of which fences no deter­minat ion has been made by a local land board for the original cost of making the same rabbit-proof, dog-proof, or marsupial-proof, and nothing herein contained shall affect the r ights to contr ibut ion for maintenance other­wise conferred by this Act.

DIVISION 3—BARRIER FENCES.

129. (1) Notwi ths tanding anyth ing to the con t ra ry in any other Act a board may—

(a) erect a rabbit-proof fence, or make rabbi t-proof any exist ing fence, on any land, whether public or pr iva te , within or wi thout the district , o r across any road or t ravel l ing stock route, making ga tes in such fence for the passage of the public and their stock;

(b) erect a by-pass for motor vehicles on any road at the place a t which such road intersects any such fence;

(c) co-operate with the board of any other dis t r ic t in any such work. (2) Any fence, whether erected or made rabbit-

proof by a board or boards , or by the Crown, or by any person before or af ter the commencement of this Act , m a y be declared by the Governor by notification pub­lished in the Gazette to be a " b a r r i e r f ence , " and shall be deemed to be a ba r r i e r fence within the meaning and for the purposes of this Act so long as such notification remains in fo rce : P rov ided tha t any such notification may be cancelled or amended by the Governor by a l ike notification. (3)

(3) Upon the cancellation of any such notifica­t ion with r ega rd to a ba r r i e r fence erected or made rabbit-proof by or a t the expense of the Crown or a board , the owner of any land der iving benefit f rom such fence shall p a y to the Minis ter for Lands or to the board, as the case m a y be, the value of so much of such fence as is s i tua ted within or is on the boundary of his land.

F o r the purposes of this subsection the value of the fence where an exist ing fence was made rabbit-proof by or a t the expense of the Crown or a board means the value of the improvements whereby the fence was m a d e rabbit-proof.

The value of any por t ion of the fence s i tuated within such land shall be the value thereof to the owner ; and the value of any por t ion on the boundar ies of such land shall be the value at the da te of the cancellation of such notification.

A n y such value shall be tha t agreed upon by the Minis ter for Lands and the aforesaid owner. If such value cannot be so agreed upon, it shall be determined by the local land board. Paymen t shall be made as directed by such Minister or the local land board as the case may be.

130. A board shall not be liable to pay or make com­pensat ion for anyth ing lawfully done in exercise of the powers conferred by section one hundred and twenty-nine except damage by severance caused by the erection upon p r iva te land of a ba r r i e r fence..

The amount of compensat ion so payable to any person shall, upon applicat ion by him as prescribed, be deter­mined by the local land board , and in de termining such compensat ion such board shall take into considerat ion and set off any benefit accruing to such pe r son ' s p rope r ty by the construction of such fence, and may a w a r d costs to or aga ins t any p a r t y appea r ing before it.

131 . W h e r e a board erects a ba r r i e r fence or converts any fence into a b a r r i e r fence on the common boundary of i t s dis t r ic t and any adjoining dis tr ic t , the board of such adjoining dis t r ic t shall be liable to pay such first-mentioned board half the cost of erection, maintenance, and repa i r of the fence.

132.

132. W h e r e a ba r r i e r fence or any por t ion thereof is s i tuated within or on the boundary of Crown lands, and is owned wholly or in p a r t by the Crown or a board, any person becoming the purchase r or lessee (other than an annual lessee) of any of such lands shall pay the value of so much of such fence as is s i tuated within or is on the boundary of the lands so purchased or leased, such pay­ment to be made to the Crown or the board or other owner of the fence according to thei r respective in teres ts therein, in accordance wi th the provisions of the Crown Lands Acts or the Wes te rn Lands Acts . The value of any por t ion of the fence within the boundary of the lands purchased or leased shall be the value thereof to the purchase r or lessee, and the value of any por t ion on the boundar ies of such lands shall be the value a t the da te of the purchase or lease.

133. (1) I t shall be the duty of a board or boards erect ing a ba r r i e r fence, or convert ing a fence into a ba r r i e r fence, to main ta in it in an effective manner and keep it in good repa i r .

(2) Where , before or af ter the commencement of this Act, and a t the expense or pr incipal ly a t the expense of the Crown, a b a r r i e r fence has been erected, or a fence has been converted into a b a r r i e r fence which is wholly or in p a r t within or on the boundar ies of a distr ict , the board of such dis t r ic t shall main ta in in an effective manne r so much of the fence as is within or on the said boundar ies and keep it in good r e p a i r :

P rov ided tha t wi th reference to so much of the fence as is on the common boundary of two distr icts , the boards of such dis t r ic ts m a y agree which board shall main ta in a n d repa i r the fence, and failing such agreement , the board named by the Minis ter shall main ta in and repa i r the fence and may recover from the other boa rd half the expense so incurred.

(3) P rov ided also t ha t a board o r boards m a y cease to main ta in and r epa i r a b a r r i e r fence which it or they considers or consider to be unnecessary, or m a y cause the cont inui ty of the fence to be broken where it or they is or a r e satisfied t ha t i t should be clone in the public in teres ts and tha t the effectiveness of the fence will not thereby be endangered.

134.

134:. I n the ease of any dispute between boards as to the payment of any money or the doing of any act requi red to be pa id or done under the provisions of th is P a r t , or as to the car ry ing out of any agreement between them made under this P a r t , the m a t t e r of the d ispute shall be refer red to and shall be determined by the Min i s t e r : P rov ided tha t the Minister before making his a w a r d may refer the m a t t e r in dispute to the local land board of any land board distr ict for invest igat ion and r e p o r t ; and may thereupon ei ther make such a w a r d him­self or refer the whole mat te r , together with such repor t (if a n y ) , to the L a n d and Valuat ion Cour t to make an award . E v e r y such award shall be final and conclusive for all purposes .

DIVISION 4.-—Procedure. 1 3 5 . In any proceedings under this P a r t , the ju r i s ­

diction of the local land board or of the court before which the proceedings a re had, shall not be ousted on the ground tha t the case raises any question of title to land, or tha t the defendant does not reside within the boundar ies of the jur isdict ion of the b o a r d :

P rov ided tha t in such last-mentioned case the land in respect of which the proceedings a re had or the major p a r t thereof shall be s i tuated within the boundar ies of the jur isdict ion of such board.

136. In any proceedings under this P a r t before a local land board for the determinat ion of any contribu­tion, value, or other sum of money, the local land board m a y allow time for the payment of such contribution, value, or sum of money, and may determine the instal­ments by which the same may be paid, and appoint the date on or before which such ins ta lments shall be paid, and such contribution, value, or sum of money shall be payable by the ins ta lments and on the da tes so deter­mined.

W h e r e time is so allowed, the local land board may order tha t in teres t a t a ra te not exceeding five pe r centum pe r annum be paid on the amount due in respect of such contribution, value, or sum of money.

137. W h e r e any proceedings under this P a r t a re had before a local land board, an appeal shall lie to the Land and Valuat ion Court within the t ime and in the manner prescr ibed by the rules of court of tha t court .

The

The Minis ter or such board shall have the like powers of reference to such court as the Minis ter for Lands or such board now has in any case under the Crown Lands Acts .

If there be no appeal or reference made within the prescr ibed t ime, the de terminat ion or decision of the local land board shall be final and conclusive.

1-38. The provisions of the Crown Lands Acts regu­la t ing proceedings before local land boards , and upon appeals and references to the Land a n d Valua t ion Cour t under such Acts shall, as fa r as pract icable, be applied to proceedings, appeals , and references under this P a r t , and for the purposes of proceedings under this P a r t , the Land and Valuat ion Court and local land boards , and the respect ive members and officers thereof, shall have the like author i t ies and powers a s a re conferred by the Crown Lands Acts and the Wes t e rn Lands Acts for the purposes of proceedings under the said Acts , and in addit ion there to the Land and Valuat ion Cour t (on appeal ) and a local land board shall have power to make such orders as to the costs of a n y proceedings before the local land board or the court as may appea r jus t .

139. (1) Whenever any question of law ar ises in a case before the Land and Valuat ion Court , such court shall, if required in wr i t ing by any of the par t i es wi thin the time and upon the conditions prescr ibed by rules of court of tha t court, or may of its own motion, s ta te and submit a case for decision by the Supreme Cour t thereon, which decision shall be conclusive.

(2) E v e r y such case shall p u r p o r t to be s ta ted under this section, and shall s ta te the names of the persons who a re pa r t i es to the appeal , reference, or o the r proceeding, and shall be t r ansmi t t ed to the P r o -thono ta ry of the Supreme Cour t to be deal t wi th as to the set t ing down of the case for a rgument , and the hear­ing of the same, and its r e tu rn with the decision of the Sup reme Cour t thereon, as the judges of the said court , o r any two of them, may by rules of court direct.

(3) The Supreme Cour t for the purposes of th is section may consist of two judges only, and shall have power to deal with the costs of, and incidental to, any case s ta ted under this section as it may think fit.

140.

140. Whenever by this Act any sum of money is expressed to be charged upon any private land, and such charge is registered in the office of the Registrar-General In the Register of Causes Writs and Orders affecting land or in any other manner prescribed by regulations made under the Conveyancing Act, 1919-1932, any person there­after becoming the owner of such land shall be taken to have notice of such charge, and shall be liable to pay the sum so charged or so much thereof as may for the time being be unpaid as if he were the person originally liable; but nothing herein contained shall operate to discharge the liability of any person originally or previously liable.

141. (1) It shall be lawful for a mortgagee to add to his mortgage debt any sums expended or contributed by or recovered from him for or towards the erection of a rabbit-proof, dog-proof, or marsupial-proof fence or the making of a fence into a rabbit-proof, dog-proof, or marsupial-proof fence upon, near, or for the benefit of the land, subject to the mortgage, or for or towards the maintenance or repair of any such fence.

(2) Where the owner or the person entitled to the immediate possession of land is a trustee whether for an infant or any persons in succession or otherwise he may pay and apply capital moneys of the trust for the purpose of the erection of a rabbit-proof, dog-proof, or marsupial-proof fence, or the making of a fence into such a fence upon, near, or for the benefit of the land subject to the trust or in paying contributions deter­mined under this Act in respect of such a fence.

142. The Minister may refer to the local land board any question as to the granting of his consent to the erection of a rabbit-proof, dog-proof, or marsupial-proof fence on a boundary common to private and public lands, or the making of any fence on such a boundary rabbit-proof, dog-proof, or marsupial-proof, or as to any other matter which he may deem necessary or proper to be Inquired into for the administration of this Par t of this Act; and such board shall hear, examine, and report thereon to the Minister.

o DIVISION

DIVISION 5.—Offences. 143. (1) Any person wilfully or negligently causing

injury to or interfering in any way with a rabbit-proof, dog-proof, or marsupial-proof fence, and any person erecting breaks against any such fence shall, on convic­tion, be liable to a penalty not exceeding twenty-five pounds, and in addition shall be liable to the cost of repairing the fence.

(2) Any person who leaves any obstruction preventing the use of a by-pass for motor vehicles erected by a board shall on conviction be liable to a penalty not exceeding twenty-five pounds.

P A R T V I I I .

BRANDING AND EARMARKING OF SHEEP.

144. All sheep above the age of six months shall be kept legibly branded by the owner, and shall, if not already earmarked, be earmarked by him:

Provided that branding may be deferred until after the first shearing of any sheep where such sheep have been earmarked and have not been moved from the holding upon which they are depastured except for the purpose of shearing or crutching at a shearing shed which is not more than twelve miles from the holding upon which such sheep are depastured.

145. (1) Every owner of sheep shall cause a brand and earmark to be registered in respect of every holding upon which he brands or earmarks any sheep.

(2) No person shall, except— (a) in such circumstances and under such conditions

as are prescribed; or (b) with the written permission of the inspector,

or the chairman of the board for the district, brand or earmark any sheep except upon the holding in respect of which the brand or earmark is registered.

(3) The same brand or earmark shall not be registered as the brand or earmark of more than one owner in the same district.

(4)

(4) A brand or earmark may be transferred to a subsequent owner or occupier of the holding in respect of which the brand or earmark is registered, or by way of mortgage to a mortgage of the holding, but not otherwise, and any transfer shall be in the proscribed form.

(5) Only one fire brand, one colour brand, and one earmark may be registered by each owner for each holding held by him, but if two or more such holdings are contiguous they shall be deemed one holding.

(6) The capital letter T in Roman character shall not be registered as a brand.

146. (1) Application for the registration of a brand and earmark shall be lodged with the board of the district in which the holding or the major part thereof is situate in the prescribed manner, and shall be accompanied by the prescribed fees.

(2) Application for the transfer of a brand and earmark shall be lodged with the board of the district in which the holding or the major part thereof is situate in the prescribed manner, and shall be accompanied by the prescribed fees.

(3) Every brand or earmark recorded or deemed to be recorded by the inspector under the Pastures Pro­tection Act, 1912, as amended by subsequent Acts, shall be deemed to bo registered under this Act.

147. Every application for the registration of a sheep brand or earmark, or for the transfer of a brand or earmark, shall be forwarded by the board to the Registrar of Brands, who shall decide whether a brand or earmark shall be registered, and whether a transfer shall be registered.

148. (1) No brand or earmark shall be registered which in the opinion of the Registrar of Brands is identical with or likely to be confused with, or which could be cut out by or cut out any other brand or ear­mark registered in respect of a holding adjoining or in the vicinity of that of the applicant.

(2) The Registrar of Brands may require the occupier of any holding in respect of which a brand or earmark is registered to adopt any modification thereof where the Registrar deems the modification necessary to avoid confusion with any other registered brand or earmark. 149.

149. Upon the registration of any brand or earmark or upon the modification of any brand or earmark the Registrar of Brands shall issue to the owner a certificate of registration in the form prescribed.

150. (1) The Registrar of Brands shall, in the pre­scribed manner keep a register of brands and earmarks and the board shall in the prescribed manner keep a register of brands and earmarks registered for use in the district.

(2) The Governor may by notification published in the Gazette, direct that a district be divided into sub-districts for the purposes of this Part , and where a district is so divided a separate register shall be kept for each subdistrict, and each subdistrict shall for the pur­poses of this Par t be deemed to be a district.

(3) A certificate from the Registrar of Brands that a brand or earmark is or is not registered at the date of the certificate, and as to any particulars which are contained in the register, shall be evidence of the facts slated therein.

151. If the occupier of any holding in respect of which a brand and earmark are registered ceases to occupy the holding and no application for the transfer of the brand and earmark to any subsequent occupier has at the expiration of one month thereafter been received by the board for the district in which the holding is situated, the Registrar of Brands may after the pre­scribed notice, cancel the registration of the brand and earmark.

152. (1) Upon the death of the occupier of any holding in respect of which a brand and earmark are registered, his personal representative shall be entitled to use the brand and earmark for a period of six months after the death of such occupier.

(2) The personal representative may within that period apply for the registration of the brand and earmark in his name or in the name of the person bene­ficially entitled to the holding.

(3) If application is not made and the prescribed fee paid within that period the registration of the brand and earmark may be cancelled by the Registrar or Brands.

(4)

(4) Where the proprietor of a brand is a com­pany, firm or partnership and the Registrar of Brands is satisfied that such company, firm or partnership has been dissolved, he shall cancel such registration.

153. Any brand and earmark the registration of which is cancelled under this Par t may on application to the Registrar of Brands in the prescribed manner and on payment of the prescribed fee be restored to the register.

154. The proprietor of a registered brand and ear­mark may use distinctive earmarks to denote the age or class of his sheep.

155. (1) No person shall brand any sheep with a firebrand containing any letter, figure, or character less than one inch in length, nor with a colour brand contain­ing any letter, figure, or character less than three inches in length.

(2) Registered brands shall be placed in such positions as are prescribed.

(3) A raddle mark may be placed on any por­tion of a sheep provided that it does not obliterate or deface any registered brand on the sheep.

(4) A registered earmark shall be of the size prescribed, and of one or more of the prescribed shapes, and shall be placed on the right ear of female sheep and the left ear of male sheep.

(5) A distinctive earmark shall be of the size prescribed, and of one or more of the prescribed shapes, and shall be placed on the left ear of female sheep and the right ear of male sheep.

156. (1) As soon as practicable after the end of every year the Registrar of Brands shall publish a brand and earmark directory containing the prescribed par­ticulars of all brands and earmarks registered up to the thirty-first day of December of such year.

(2) As soon as practicable after the end of each quarter the Registrar of Brands shall publish in the Gazette in the form prescribed a list of brands and earmarks registered or transferred during such quarter.

(3) Each board shall provide the secretary and inspector with a copy of each quarterly list and each directory.

157.

157. (1) Every person who— (a) brands or earmarks with his registered brand

or earmark any sheep of which he is not the owner;

(b) brands or earmarks any sheep with a brand or earmark of which he is not the proprietor;

(c) except as in this Act or by regulation provided brands sheep with a brand which is not regis­tered in respect of the holding on which the sheep are branded;

(d) destroys or defaces a brand on any sheep; (e) alters an earmark on any sheep, or except in the

case of distinctive earmarks places any addi­tional earmark on the same ear of a sheep which has been earmarked;

(f) alters a brand on any sheep, either by the alter­ation of the existing brand or by the addition of some other brand, otherwise than in accord­ance with a requirement of the Registrar of Brands;

(g) cuts off more than one-fourth of the car of a sheep;

(h) earmarks any sheep with any instrument other than ear-pliers of a prescribed type and size;

(i) without reasonable excuse, the proof of which shall lie upon the person accused, has in his possession any sheep-skins from which more than one-fourth of either ear has been removed or from which the brand has been obliterated; or

(j) contravenes any other provision of this Part, shall bo liable on summary conviction to a penalty not exceeding one hundred pounds.

(2) The fact of such sheep with such mis­branding, destroying, defacing, altering, cutting, or marking being on the holding of any person for two months without his having given notice to the rightful owner of such sheep, or where the sheep is his own property to the officer in charge of the nearest police station, or to the inspector for the district, of such

misbranding,

misbranding, destroying, defacing, altering, cutting, or marking, shall be evidence of such person having com­mitted a breach of this section.

(3) Any person having in his possession sheep with such misbranding, destroying, defacing, altering, cutting, or marking, in respect of which he did not, in the case of sheep on his holding within two months, and in the case of travelling sheep within three days of the same coming into his possession give the prescribed notice to the inspector for the district, or to the officer in charge of the nearest police station, shall be liable to a penalty not exceeding one hundred pounds.

P A R T I X .

MUSTERING.

158. (1) Every owner of fifty or more sheep or twenty head or move of cattle shall give the occupier of any adjoining holding who has a like number of sheep or cattle not less than forty-eight hours nor more than five clear days notice in writing of any muster intended to be made on his holding for the purpose of shearing, crutching, or weaning any sheep or of branding, mark­ing, dipping, drafting, or removing any sheep or cattle from his holding or except in the case of a holding con­taining less than three thousand acres from any paddock thereof contiguous to the holding of the adjoining occu­pier to another paddock on his own holding, and shall permit such adjoining occupier or his employees to attend at any such muster: Provided that any such owner may, with the consent of any such adjoining occu pier, omit such notice.

If for any reason the muster cannot be held at the time specified in the notice, the owner shall not less than twelve hours before the time fixed for the muster give to the occupier of the adjoining holding notice of the alteration of the time for the muster or of the abandon­ment thereof as the case may be.

(2)

(2) Any owner failing to give any notice under subsection one of this section shall, unless he has obtained such consent, for every such offence be liable to a penalty not exceeding fifty pounds.

(3) This section shall not apply to any muster ordered in pursuance of the provisions of the Stock Diseases Act, 1923, or of this Act.

159. An inspector may, with the approval of the chairman of the board or the Minister, order an owner or occupier to muster the stock on his holding or any portion thereof for the special purpose named in such order.

Any owner or occupier failing to comply with such order shall be liable to a penalty not exceeding fifty pounds.

If the owner or occupier does not comply with such order, the board or Minister may have such muster carried out at the expense of such owner or occupier, and, in such event, the inspector and such other persons as the inspector may deem necessary may enter such holding with such horses, dogs, and vehicles as he may consider necessary to give effect to such order.

The expenses of the muster may be recovered as a debt in any court of competent jurisdiction by the board or the Minister from the owner or occupier failing to comply with the order.

PART X.

GENERAL, PROVISIONS.

160. (1) Any proceeding in respect of an offence under this Act, or any regulation made thereunder, shall be heard and determined in a summary way before a court of petty sessions in accordance with the provisions of the Justices Act, 1902.

(2) Any person may take proceedings for the punishment of any offence under this Act, and any penalty imposed for any such offence shall belong and be paid to

the

the board of the district in which the offence was com­mitted, any law to the contrary notwithstanding, and the court imposing the penalty shall order accordingly.

161 . (1) Any sum of money which any person is, in pursuance of this Act, required or made liable to pay, may be recovered as a debt in any court of competent jurisdiction.

(2) A jurisdiction otherwise competent, shall not be ousted on the ground that the title to any land, or any matter in which rights in future may be bound, or that any general right or duty is in question, but the decision in the proceedings shall not be evidence in any other court, or in any other proceedings.

162. Every person who commits a breach of any of the provisions of this Act or of any regulation for which a penalty is not specially provided, shall be liable on summary conviction for every such offence to a penalty not exceeding fifty pounds.

163. (1) Any person who neglects or refuses to give any information with respect to any large stock or sheep required for the purposes of this Act, or who wilfully gives any incorrect or misleading information with respect thereto, shall on summary conviction be liable to a penalty not exceeding fifty pounds.

(2) Any person who forges or alters or utters or puts off any permit, renewed permit, license, travel­ling statement or other document or instrument issued under this Act shall on summary conviction be liable to a penalty not exceeding one hundred pounds.

164. Any person who obstructs, hinders, interrupts threatens, or assaults any inspector or other person appointed by the board or the Minister under this Act, or any person acting for the board, whilst in the per­formance of his duty, shall on summary conviction be liable to a penalty not exceeding fifty pounds.

No proceeding for the recovery of any such penalty shall be a bar to any action at law for or in respect of any such assault.

165.

165. Any notice, information, complaint, agreement, or other document, shall be sufficiently authenticated if it is signed by the chairman of the board, or by the secretary of the board, purporting to sign the same by authority of the board, and authority in the chairman or secretary so to sign shall be presumed unless and until the contrary is shown.

Any notice or other document to be given to or served upon a board may be given to or served upon the secre­tary or chairman of such board.

166. (1) Any notice given under or for the purposes of this Act or the regulations may, unless otherwise specially provided, be given in any one of the following ways:—

(a) personally to the person to whom the notice is addressed; or

(b) by registered letter sent through the post and directed to the last known place of abode or of business in New South Wales of the person to whom the notice is addressed; or

(c) where the abode or place of business of such person in New South Wales is not known or cannot readily be ascertained or where he has no such abode or place of business by advertising the same twice at least in some newspaper pub­lished or circulating in the district in which the lands the subject of notice are situate, an interval of a week or more being allowed to lapse between such advertisements. (2) Any notice required or permitted by this

Act or the regulations to be given to the occupier or the owner (as the case may be) of any holding or land shall in cases where several persons are the occupiers or the owners thereof, be duly given if given to one of such occupiers or owners.

167. For the purpose of any proceeding under this Act or the regulations, the description of any holding or land need not be a description by metes and bounds, but shall be sufficient if it makes such reference to the holding or land either by name, situation, boundaries, or other­wise, as allows of no reasonable doubt as to what holding or land is referred to. 16S.

168. Where the name of the occupier or owner of any holding or land is unknown to any person giving notice or taking proceedings under this Act, any such notice may be addressed to the occupier or owner as such, and any such proceedings may be taken and any order or decision therein may be made or given against the aforesaid occupier or owner as such.

169. (1) All notices of proclamations, regulations, appointments, elections, rates, bonuses, or assessments, or of any other matter or thing done under the authority of this Act or any Act hereby repealed, and published in the Gazette, and all entries duly made in any rate-book shall be taken to be prima facie evidence of the facts or matters therein stated.

(2) In any prosecution or other legal proceed­ings under this or any other Act instituted by or under the direction or on behalf or for the benefit of a dingo destruction board or of a board, proof shall not, until evidence is given to the contrary, be required of—

(a) the appointment of the dingo destruction board or the due constitution of the dingo destruction district;

(b) the boundaries of the dingo destruction district; (c) the fact that any land or place is within the

dingo destruction district; (d) the incorporation of the board or the due con­

stitution of the district; (e) the boundaries of the district or of a division

of the district; (f) the fact that any land or place is within the

district or the division in question; (g) the constitution of the board or the election or

appointment of the directors or the chairman thereof;

(h) the appointment of any inspector, or permit officer, or of any servant or officer of the board;

(i) the fact that the defendant is, or at any relevant time was, the owner, occupier, or caretaker of any land in question, as the case may be, if he is so described in the process by which the prose­cution or proceeding is initiated;

(J)

(j) the fact that any land in question is within the jurisdiction of any court or local land board.

170. (1) In any legal proceedings under this Act, in addition to any other method of proof available, evidence by a certificate of the Registrar-General or his deputy that any person appears from any registration of any deed, conveyance, or other instrument under the Registration of Deeds Act, 1897, as amended by subse­quent Acts or from the register-book under the Real Property Act, 1900, as amended by subsequent Acts, to be the owner or lessee of any land, or in the case of lands held under any tenure under the Crown Lands Acts, a certificate of the Under Secretary of the Department of Lands that any person appears from the records of that Department to be the holder of land of any tenure under those Acts shall be prima facie evidence that such per­son is owner, holder, or lessee as stated in the certificate of the land for the estate or interest specified in the certificate.

(2) All courts and all persons having by law or by consent of parties authority to hear, receive, and examine evidence shall, for the purposes of this Act, take judicial notice of the signature of the Registrar-General and his deputy and of the Under Secretary of the Department of Lands.

171. (1) The Governor may make regulations not inconsistent with this Act prescribing any matter or thing which by this Act is required or permitted to be prescribed, or which is necessary or convenient to be prescribed for giving effect to this Act, and without limiting the generality of the foregoing power, may make regulations for the purpose of carrying this Act into effect for and with respect to—

(a) the date on or before which rates shall be made; (b) the form, manner of service, and time of issue

of rate notices; (c) the manner of appealing against the determina­

tion by a board of the carrying capacity of any land ;

(d) form of rate books and the manner of keeping the same;

(e)

(e) all other matters incidental to the regulation of rating;

(f) the manner in which the accounts of boards shall be kept and audited;

(g) the qualifications to be held by auditors, and making provisions for audits by persons not holding such qualifications where a qualified person is not available;

(h) the qualifications to be held by inspectors; (i) examination for the obtaining of qualifications

by persons for their appointment as an in­spector;

(j) prescribing the reasonable fees for any service or inspection rendered by a board or its officers, or any registration license or permit or other matter done or service rendered under this Act;

(k) the manner of applying for registration, and transfer of brands and earmarks;

(1) the construction and use of branding and ear­marking instruments;

(m) the use of brands and earmarks; (n) the duties of the Registrar of Brands; (o) the compilation and publication of the brand

and earmark director}', and the list of brands and earmarks, and the payment for the com­pilation and publication of such directory and list.

(2) The regulations may provide for a penalty not exceeding fifty pounds for any breach thereof.

(3) The regulations shall— (a) be published in the Gazette; (b) take effect from the date of publication or from

a later date to be specified in the regulations; (c) be laid before both Houses of Parliament within

fourteen sitting days from publication if Par l ian-ment is in session, or if not, then within fourteen sitting days after the commencement of the next session.

If

If either House of Parliament passes a reso­lution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House, disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.

172. So far as relates to the Western Division— (a) the Minister may depute to the Western Lands

Commissioner, or to a chairman of local land boards appointed under the Western Lands Acts any of the powers or duties conferred or imposed upon him by this Act;

(b) the provisions of the Western Lands Acts re­lating to the destruction of rabbits shall not be enforced within any part of that Division which is included in a district constituted under this Act:

(c) the provisions of section forty-three of this Act shall not apply until a date to be fixed by the Governor and notified by proclamation published in the Gazette.

173. (1) The Prickly Pear Acts, 1924-1930, is amended—

(a) by omitting from subsection two of section twenty-four the words "section eighteen of the Pastures Protection Act, 1912, a special rate in addition to the rate mentioned in section" and by inserting in lieu thereof the words " P a r t I I I of the Pastures Protection Act, 1934, a special rate in addition to the rate mentioned in that P a r t " ;

(b) by omitting from the same subsection the words "The second proviso to subsection one of the said section" and by inserting in lieu thereof the words "subsections two and three of sec­tion twenty-seven of that Act ." (2) The Local Government Act, 1919, is further

amended— (a) by omitting from paragraph (c) of section four

hundred and sixty-six the figures "1912" and by inserting in lieu thereof the figures "1934" ;

(b)

(b) by omitting from paragraph (k) of subsection five of section six hundred and fifty-four the figures "1912" and by inserting in lieu thereof the figures "1934."

(3) The Finances Adjustment Act, 1932, as amended by subsequent Acts, is amended by inserting in subsection (3A) of section three, after the words and figures "Pastures Protection Act, 1912" the words and figures " the Pastures Protection Act, 1934."

SCHEDULE.

Number of ACT. Title or short title. Extent of repeal.

No. 17, 1900 ...

No. 35, 1912 ..

No. 49, 1918 ...

No. 25, 1920 ...

No. 41, 1919 ...

Public Watering-places Act, 1900

Pastures Protection Act, 1912

Pastures Protection (Amendment) Act, 1918.

Pastures Protection (Amendment) Act, 1920.

Local Government Act, 1919

The whole.

The whole.

The whole.

The whole.

Section 497 and paragraph (g) of section 513.

ADVANCES