THE STOCK ROUTES AND RURAL LANDS PROTECTION ACTS, 1944 to 1965

Transcription

1 417 THE STOCK ROUTES AND RURAL LANDS PROTECTION ACTS, 1944 to 1965 Stock Routes and Rural Lands Protection Act of 1944, 8 Geo. 6 No. 16 Amended by Stock Routes and Rural Lands Protection Act Amendment Act of 1946, 10 Geo. 6 No. 31 Stock Routes and Rural Lands Protection Acts Amendment Act of 1946 (No.2), 10 Geo. 6 No. 36 Land Acts and Other Acts Amendment Act of 1948, 13 Goo. 6 No. 6 Land Acts and Other Acts Amendment Act of 1949, 13 Goo. 6 No. SO, Part V Stock Routes and Rural Lands Protection Acts Amendment Act of 1951, 15 Geo. 6 No. 26 Fauna Conservation Act of 1952, 1 Eliz. 2 No. 13, s. 13 Stock Routes and Rural Lands Protection Acts Amendment Act of 1961, 10 Eliz. 2 No.2 Stock Routes and Rural Lands Protection Acts and Another Act Amendment Act of 1962, 11 Eliz. 2 No. 12, Part II Stock Routes and Rural Lands Protection Acts Amendment Act of 1963, No. 36 Stock Routes and Rural Lands Protection Acts Amendment Act of 1964, No. 51 Decimal Currency Act of 1965, No. 61, s. 11 and Second Schedule An Act to Consolidate, Amend and Provide for the Co-ordinated Administration of certain Laws relating to Stock Routes and Stock Reserves and,the Destruction of Animal and Vegetable Pests, and for incidental and consequential purposes [Assented to 8 December 1944] PART I-PRELIMINARY 1. Short title and commencement of Act. This Act may be cited as "The Stock Routes and Rural Lands Protection Act of 1944," and shall, except as herein otherwise provided, come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Collective title conferred by Act of 1965, No. 61, s. 11, Second Sch. Commenced 1 July 1945; Proclamation, Gazette 19 May 1945, p Subsection 1 of s. 13 of the Fauna Conservation Act of 1952, title FAUNA, Vol. 5, p. 603, saves the provisions of this Act relating to pest fauna within the meaning of that Act. 14

2 418 LAND Vol. 9 That subsection reads:- "Unless otherwise expressly provided by this Act, the provisions of this Act shall not prejudice or otherwise affect the provisions of any other Act (or of any regulation or by-law thereunder) regulating and controlling any fauna or any matter or thing with respect to the taking, keeping, or liberation in, or introduction into, Queensland of any fauna, but so far only as such provisions apply or may be applied with respect to such times and places when and where that fauna is pest fauna under and within the meaning of this Act or with respect to the prohibition of the taking of any fauna declared under that other Act to be a natural enemy of any pest fauna." This Act no longer applies to rabbits; see Rabbit Acts, 1964 to 1965, s. 4, title RABBITS. 2. Repeals [Schedule.]. Subject to the provisions hereinafter in this section contained, the Acts specified in the Schedule to this Act (herein referred to as the "repealed Acts") are repealed to the extent in that Schedule indicated: Savings. Provided that, without prejudice to "The Acts Shortening Acts"- (i) Except as hereinafter provided in this section, every Proclamation, Order in Council, regulation, by-law, rule, notification, registration, permit, order, license or direction made, issued or given under or in pursuance of the repealed Acts or any of them and in force at the commencement of this Act, shall, subject to the proviso to this paragraph, continue in force wholly or in part, as the case may be, until the same is revoked, cancelled, or superseded wholly or in part under this Act, or until the same is amended under this Act or expires: Provided that the Governor in Council may from time to time issue any Order in Council under this Act to give effect to the above provisions: Provided that every such Proclamation, Order in Council, regulation, by-law, rule, notification, registration, permit, order, license or direction shall, on and from the commencement of this Act, operate and have effect subject to this Act. (ii) Notwithstanding the provisions of paragraph (i) of this proviso, the Order in Council referred to in section thirty-one of "The Land Acts and Other Acts Amendment Act of 1937," is hereby revoked and every delegation made under such Order in Council and/or under the provisions of section 4A of "The Stock Routes Improvement and Animal and Vegetable Pests Destruction Acts, 1936 to 1938," by the Minister to a Local Authority in force at the commencement of this Act is hereby revoked. (iii) Notwithstanding the provisions of paragraph (i) of this proviso, every Order in Council made under section six of "The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933," and in force at the commencement of this Act is hereby revoked and every Local Authority prescribed by any such Order in Council shall cease to be a Board within the meaning of "The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1943." (iv) Notwithstanding the provisions of paragraphs (ii) and (iii) of this proviso- (a) All works, matters and things commenced by The Governor in Councilor the Minister or any Local Authority under the repealed Acts or any of them may be continued and completed as if no such repeal had been made;

3 STOCK ROUTES, ETC., PROrrECTlON ACTS, 1944 TO 1965 ss.1,2 419 (b) Any assessment upon stock or rate which having been made, or made and levied, by a Local Authority under the repealed Acts or any of them prior to the commencement of this Act was immediately prior to such commencement leviable by or payable to such Local Authority shall be and continue to be payable to or (if not already levied) leviable by and payable to such Local Authority, and any amount of any such assessment or rate not duly paid may be recovered under this Act; (c) Any agreement made in pursuance of the repealed Acts or any of them between a Local Authority and any person prior to and in force at the commencement of this Act shall continue in force to the same extent as if no such repeal had been made; (d) All actions and proceedings commenced and not concluded before, or pending at, the commencement of this Act by or against any Local Authority under or in pursuance of the repealed Acts or any of them may be instituted or carried on and prosecuted by or against such Local Authority, and no such action or proceeding shall abate, or be discontinued or be prejudicially affected by the repeal of the repealed Acts or any of them; (e) All penalties and forfeitures imposed under the repealed Acts, or any of them, and incurred prior to the commencement of this Act shall be enforceable and may be enforced as if this Act had not come into operation. (v) All moneys which, having been paid to and received by a Local Authority under or in pursuance of the repealed Acts, or any of them, prior to the commencement of this Act are in the possession of such Local Authority at such commencement, and all such moneys which are paid to and received by a Local Authority after such commencement, shall be transmitted by such Local Authority to the Treasury for payment into the Fund established at the Treasury under this Act, and every such Local Authority shall render to the Minister, or to any person appointed by him, all such accounts and particulars as the Minister or such person shall deem necessary to ensure compliance by such Local Authority with the provisions of this paragraph: Provided that any expenditure duly incurred by a Local Authority under or in pursuance of the repealed Acts or any of them and not defrayed prior to the commencement of this Act, may be defrayed from such moneys. (vi) (a) All property other than moneys vested in (a) The Crown; and/or (b) The Minister; and/or (c) A Local Authority, under the repealed Acts or any of them at the commencement of this Act shall be deemed to have been acquired by the Crown and/or the Minister and/or such Local Authority under and for the purposes of this Act and shall without any transfer, assignment, conveyance, or notice other than this Aot as to property so acquired by the Minister and/or such Local Authority be divested from the Minister and/or such Local Authority and shall be vested in and shall attach to and may be enforced by and against the Crown.

4 420 LAND Vol. 9 (b) The Minister may at any time and from time to time for the purposes of this Act deliver possession of, and vest the management and control of, any of the property which under the foregoing provisions has devolved upon the Crown to or in any Local Authority in the Area of which such property is situate for the purposes of carrying into effect the provisions of this Act. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 2. Acts referred to: Acts Shortening Acts; See now Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT, Vol. 1, p. 82. Land Acts and Other Acts Amendment Act of 1937 (repealed). Stock Routes Improvement and Animal and Vegetable Pests Destruction Acts, 1936 to 1938, p. 475, post. Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933 (repealed). Local Authority (Grazing Districts Improvement) Acts, 1930 to 1943 (repealed). 3. This Act not to affect "The Rabbit Acts, 1913 to 1943." (1) This Act shall be read and construed so as not to limit the operation and effect within the Rabbit Districts of Leichhardt, Darling Downs, and Moreton of "The Rabbit Acts, 1913 to 1943," and the Rabbit Board for each such Rabbit District shall continue to exercise its functions, powers and duties under such lastmentioned Acts. (2) No provision of this Act relating to the extirpation and destruction of vermin on, and/or the keeping free from vermin of, any holding, stock route, part of a stock route, reserve for travelling stock, or the bed and banks of any non-tidal watercourse, or any road or any land under the control of a Local Authority, or any Crown land, shall in respect of rabbits apply to or in respect of any holding, stock route, part of a stock route, reserve for travelling stock, or the bed and banks of any non-tidal watercourse, or any road or any land under the control of a Local Authority, or any Crown land, situated in an Area or part of an Area comprised in any of the three rabbit districts specified in subsection one of this section. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 3. Act referred to: Rabbit Acts, 1913 to 1943; see now Rabbit Acts, 1964 to 1965, title RABBITS. The Rabbit Districts of Leichhardt, Darling Downs and Moreton, and the Rabbit Boards for those Areas, are now abolished by the Rabbit Act of 1964, s. 3 (2). Section 14 of that Act constitutes 'The Darling Downs-Moreton Rabbit Board" and the Act implements a new scheme of rabbit control. 4. Parts of Act. This Act is divided into parts as follows: PART I-PRELIMINARY; PART II-MINISTERIAL AND DEPARTMENTAL ADMINISTRATION; PART III-CONSTITUTION, FUNCTIONS, AND DUTIES OF THE CO-ORDINATING BOARD; PART IV-FUNCTIONS AND DUTIES OF LOCAL AUTHORITIES; PART V-DESTRUCTION OF DINGOES, OTHER VERMIN, AND NOXIOUS PLANTS; PART VA-DINGO DESTRUCTION SYNDICATES;

5 STOCK ROUTES, ETC., PROTECTION ACTS, 1944 TO 1965 ss PART VI-CONTROL AND REGULATION OF OCCUPATIONAL SCALPERS AND TRAPPERS; PART VII-VERMIN-PROOF FENCES; PART VIII-FINANCE; PART IX-GENERAL. This Act no longer applies to rabbits; see Rabbit Acts 1964 to 1965, s. 4, title RABBITS. GENERAL PROVISIONS 5. (1) Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:- "Area"-The Area of a Local Authority or of a Joint Local Authority including, with respect to Brisbane City Council, the City of Brisbane; "Cattle"-Includes horses and mules; "Co-ordinating Board"-The Co-ordinating Board constituted under this Act; "Dingo"-A dingo or half-bred dingo, or any undomesticated dog generally known as a wild dog inhabiting the bush and apparently having no owner and being under no control; "Holding"-Any land rateable under and for the purposes of this Act whether held in fee-simple or under any tenure or subject to any trust under any Act relating to the occupation, leasing or alienation of Crown land: the term includes any land held from the Crown under an occupation license under and within the meaning of the Land Acts; "Inspector"-An Inspector appointed under and for the purposes of this Act: the term includes any person appointed by the Minister to perform the duties of an inspector: the term where necessary also includes any officer of the Department of Public Lands, the Sub-Departments of Forestry, Irrigation and Water Supply, and the Prickly-Pear Land Commission, and any officer of the Department of Agriculture and Stock for the time being performing, with the approval of the Land Administration Board or the Secretary for Agriculture and Stock, as the case may be, the duties of an inspector; "Joint Local Authority"-A Joint Local Authority within the meaning of the Local Government Acts; "Land Acts"-"The Land Acts, 1910 to 1943," or any Act amending or in substitution for the same: the term where necessary includes any Act relating to the occupation, leasing or alienation of Crown land; "Local Government Acts"-"The Local Government Acts, 1936 to 1943," or any Act amending or in substitution for the same; "Local Authority"-A Local Authority constituted under the Local Government Acts: the term where necessary means and includes a Joint Local Authority: the term also includes Brisbane City Council Clonstituted under "The City of

6 422 LAND Vol. 9 Brisbane Acts, 1924 to 1944"; the term also includes the Commissioner of Irrigation and Water Supply within the meaning of "The Irrigation Acts, 1922 to 1934" (or any Act amending or in substitution for the same), where, pursuant to such lastmentioned Acts, the said Commissioner is a Local Authority; "Manager"-The resident manager of a holding the owner of which is not resident; "Marsupial"-A wallaby, kangaroo, wallaroo, paddamelon, bandicoot or kangaroo rat when and where that marsupial is declared under "The Fauna Conservation Act of 1952" (or any Act amending or in substitution of the same) to be pest fauna under and for the purposes of such Act; "Marsupial-proof," used with respect to fencing-of such character as to prevent the passage of dingoes and marsupials as herein defined; "Minister"-The Secretary for Public Lands or other Minister of the Crown for the time being charged with the administration of this Act; "Noxious Plants"-Prickly-pear (Opuntia, various), zamia (cycadaceous plants), desert poison bush (Gastrolobium grandiflorum), bathurst burr (Xanthium spinosum), galvanised burr (Bassia Birchii), noogoora burr (Xanthium strumarium), African box thorn (Lycium horridum) and any other plant or weed which the Governor in Council by notification in the Gazette declares to be a noxious plant for the purposes of this Act, either in any particular Area or Areas or throughout the State; "Owner"-The person for the time being entitled to possession of a holding or stock as the case may be; "Prescribed"-Prescribed by this Act; "Regulations"-Regulations made under the authority of this Act; "Reserve"-Includes any country land (except a "reserve for travelling stock" as defined in this Act) which for the time being is reserved, or set apart, or reserved and set apart under any Act or law for a public purpose and is under the control of a Local Authority; "Reserve for travelling stock"-includes any land which for the time being is reserved, or set apart or reserved and set apart under any Act or law for a public purpose or any purpose whereunder or whereby that land may, consistently with the intent of that reservation, or setting apart, or reservation and setting apart, be lawfully used by or for the purposes of travelling stock; "Resident"-Resident in the Area; "Scalp"- With respect to dingoes, means and includes a portion of the skin of the head of a dingo to which both ears are attached and a strip of the skin down the back with the tail or such other portion of the skin as may be determined by the Minister and notified in the Gazette;

7 STOCK ROUTES, ETC., PROTECTION ACTS, 1944 TO 1965 s With respect to foxes, means and includes the head or a portion of the skin of the head to which both ears and both nostrils are attached; With respect to marsupials, means and includes a strip of the skin down the face with both ears and both nostrils attached; "Scalper or trapper"-a person engaged in the occupation of the destruction of dingoes and/or foxes and/or rabbits and/or marsupials and/or hares and/or any other vermin; "Statutory Return"-A return of stock made under "The Stock Returns Acts, 1893 to 1942," or any Act amending or in substitution for that Act; "Stock"--Cattle, sheep, horses and mules; "Stock route"-any road or route ordinarily used for the purpose of travelling stock or declared under this Act or any other Act to be a stock route; "Superintendent"-The Superintendent of Stock Routes and Pest Destruction: the term includes an assistant superintendent, whether appointed generally or in respect of any Area or Areas, and also any person for the time being performing the duties of the office of superintendent; "This Act"-This Act and all regulations, Proclamations, Orders in Council, and Orders made and issued hereunder; "Travelling stock"-stock, whilst under reasonable control, which are being travelled or driven by land other than in the holding where they are ordinarily depastured; "Vermin"-A dingo, fox, rabbit, hare, marsupial, and any other noxious animal or bird which the Governor in Council may by Order in Council from time to time declare to be vermin under this Act; "Year"-The period of time from and including the first day of July in anyone calendar year to and including the thirtieth day of June in the next succeeding calendar year. (2) Land Acts definitions to apply. Any term used in this Act, and not defined in the preceding subsection, to which a meaning is assigned by section four of the Land Acts shall, unless the context of this Act otherwise indicates or requires, bear the meaning so assigned to such term by the Land Acts. (3) Ratio of sheep to cattle. For the purpose of determining any matter arising under or in pursuance of this Act with respect to cattle and sheep depastured on the same holding all such cattle and sheep shall be taken into account, and for that purpose ten sheep shall be deemed to be the equivalent of three head of cattle. ( 4) Holdings situated in two Areas. When a holding is situated partly in one Area and partly in another or other Areas the Minister shall determine the Area in which the holding is for the purposes of this Act to be deemed wholly to be situated; in making his determination the Minister shall give due consideration to the respective portions of the holding which are situated in each Area and to the numbers of stock which ordinarily are depastured on the portions of the holding respectively so situated.

8 424 LAND Vol. 9 As amended by Act of 1946, 10 Geo. 6 No. 31, s. 4; Act of 1948, 13 Geo. 6 No.6, s. 12; Act of 1951,15 Geo. 6 No. 26, s. 2; Fauna Conservation Act of 1952, 1 Eliz. 2 No. 13, s. 13; Act of 1961, 10 Eliz. 2 No.2, s. 2. Acts referred to: Land Acts, 1910 to 1943; see now Land Acts, 1962 to 1965, p. 113, ante. Local Government Acts, 1936 to 1965, title LOCAL AUTHORITIES. City of Brisbane Acts, 1924 to 1960, title BRISBANE, Vol. 3, p. 30. Irrigation Acts, 1922 to 1965, title WATER SUPPLY AND SEWERAGE. Fauna Conservation Act of 1952, title FAUNA, Vol. 5, p Stock Returns Acts, 1893 to 1942; see now Stock Acts, 1915 to 1960, title STOCK. Minister-See Acts Interpretation Acts, 1954 to 1962, s. 33, title ACTS OF PARLIAMENT, Vol. 1, p. 93. Co-ordinating Board-See ss. 13, 14. Holding-See also Land Acts, 1962 to 1965, s. 5, p. 120, ante. Local Authority-See ss Power to declare vermin-see s. 51. This Act no longer applies to rabbits-see Rabbit Acts, 1964 to 1965, s. 4, title RABBITS. PART II-MINISTERIAL AND DEPARTMENTAL ADMINISTRATION 6. (1) Minister to administer this Act. This Act shall be administered by the Minister. (2) The Governor in Council may appoint a Superintendent of Stock Routes and Pest Destruction and such and so many Assistant Superintendents of Stock Routes and Pest Destruction, inspectors, regional inspectors and other officers as he shall think necessary for the administration of this Act. The Governor in Council may at any time and from time to time appoint and employ such and so many persons as he deems necessary for the purpose of carrying out experiments and investigations with the object of ascertaining the most economical and effective means of destroying any vermin or noxious plants. (3) Every such appointment shall be made under "The Public Service Acts, 1922 to 1924," and a person may be appointed or seconded to hold office under this Act in conjunction with any other office held by him under such lastmentioned Acts: Provided that the Governor in Council, on the recommendation of the Public Service Commissioner, may, and it is hereby declared always could, pursuant to the provisions of "The Public Service Acts, 1922 to 1960," exclude any appointee, or all appointees included in any class of appointees, under this Act from the operation of the whole or any specified provisions of "The Public Service Acts, 1922 to 1960," including the regulations thereunder, and either for a specified time or without limit of time, and that, to the extent to which any appointee, or any class of appointees under this Act is for the time being, or has been at any time, so excluded, "The Public Service Acts, 1922 to 1960," or the regulations thereunder, do not apply, and never have applied, with respect to the office of such appointee or, as the case may be, the office of any appointee included in such class of appointees.

9 STOCK ROUTES, ETC., PROrrECTION ACTS, 1944 TO 1965 ss ( 4) Save to the extent to which an appointee under this Act is for the time being excluded from the operation of "The Public Service Acts, 1922 to 1960," and the regulations thereunder, every such appointee shall, in respect of the office to which he is appointed under this Act, be deemed to be an officer of the Department of Public Lands. As amended by Act of 1951, 15 Geo. 6 No. 26, s. 3; Act of 1961, 10 Eliz. 2 No.2, s. 3; Act of 1962, 11 Eliz. 2 No. 12, s. 4. Act referred to: Public Service Acts, 1922 to 1965, title PUBLIC SERVICE. 7. Declaration of stock routes. The Governor in Council may by a notice published in the Gazette declare any road or route to be a stock route under and for the purposes of this Act. 7 A. Definition of noxious plants. The Governor in Council may at any time or from time to time, by notification published in the Gazette, declare any plant or weed to be a noxious plant under and for the purposes of this Act, and either in a specified Area or Areas or throughout the State. Inserted by Act of 1951, 15 Geo. 6 No. 26, s. 4. For list of Orders in Council declaring certain plants or weeds to be noxious plants, see p. 24, ante. S. Powers of the Minister. The Minister may, for the purposes of the due and proper administration of this Act- (a) Require every Local Authority to account to him for all rates, charges and/or fees made or payable under this Act by or to such Local Authority and for the due and proper making, levying and collection and payment into the Fund of every such rate, charge or fee; (b) Require every Local Authority to satisfy him that such Local Authority has expended in a proper and economical manner all moneys made available to such Local Authority from the Fund; (c) Employ or authorise the Superintendent to employ such employees as he shall deem necessary for any purpose of this Act and authorise the payment from the Fund of the wages of such employees; (d) Authorise the payment from the Fund of the costs, charges and expenses of the administration of this Act incurred by him or by the Superintendent with his approval; (e) Authorise the payment from the Fund to any Local Authority of such sums as are approved by him for payment to such Local Authority for the purposes of defraying the costs, charges and expenses incurred or to be incurred by such Local Authority in respect of any of its powers, functions or duties under this Act, including expenditure incurred by such Local Authority in the payment of bonuses for the destruction of vermin; (f) Contract or authorise the Superintendent to contract with persons for the execution of any matter or thing required for any purpose of this Act, and authorise payments from the Fund to such persons in terms of their respective contracts;

10 426 LAND Vol. 9 (g) Vest the management and control of any facility for watering travelling stock or any other facility provided under this Act for the improvement of stock routes in the Local Authority in the Area of which such facility is situated. As amended by Act of 1961, 10 Eliz. 2 No.2, s. 4. Local Authority, Superintendent, Area, vermin-see s. 5. Fund-See s. 42. SA. Plant, equipment and materials. (1) The Minister may, Up~)ll the recommendation of the Co-ordinating Board, purchase any equipment or materials or equipment and materials for the control or eradication of noxious plants or vermin, or noxious plants and vermin, for resale to owners, and may resell the same to any and every owner at cost price plus an added amount as determined by the Minister to cover costs, including administrative costs, of and incidental to the obtaining, supplying and distributing of equipment and materials as aforesaid. (2) The Minister may, upon the recommendation of the Coordinating Board, acquire any plant or equipment for hiring to owners for use on their holdings in the control or eradication of noxious plants or vermin, or both of these, and may hire out or arrange for the hiring out of the same to any and every owner for use by him as aforesaid upon and subject to such terms and conditions, including the payment by that owner of a hiring charge, as may be determined from time to time by the Minister. Inserted by Act of 1951, 15 Geo. 6 No. 26, s. 5; as amended by Act of 1961, 10 Eliz. 2 No.2, s. 5. Co-ordinating Board, vermin, noxious plants-see s Methods of raising revenue. (1) The Governor in Council may, upon the recommendation of the Co-ordinating Board, by Order in Council published in the Gazette, authorise and direct funds to be raised in any year in the Areas of such Local Authorities as may be prescribed in such Order in Council by a rate upon the rateable value of all land in the Area prescribed by this section to be rateable for the purposes of this Act, which rate shall not exceed three quarters of a cent in the dollar of such rateable value. All land in the Area which is rateable for the purposes of the Local Government Acts shall also be rateable for the purposes of this Act with the exception of land used or intended for use for residential, industrial, manufacturing, business or mining purposes and situated in the Area of any City or Town or, in the case of a Shire, within any township therein. The amount of any such rate may differ in respect to different Areas. (2) The Governor in Council may, upon the recommendation of the Co-ordinating Board, by Order in Council published in the Gazette, authorise funds to be raised by a rate (herein referred to as a "travelling stock rate") of such amount as is specified in such Order in Council upon stock travelled upon any stock route or part of a stock route or all stock routes or parts of stock routes in any Area prescribed in such Order in Council. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 5; Act of 1951, 15 Geo. 6 No. 26, s. 6; Act of 1961, 10 Eliz. 2 No.2, s. 6; Decimal Currency Act of 1965, s. 11, Second Sch. Co-ordinating Board, Local Authorities, Area-See s. 5.

11 STOCK ROUTES, ETC., PROTECTION ACTS, 1944 TO 1965 ss Precepts by Minister. Notwithstanding anything to the contrary in "The Local Government Acts, 1936 to 1945," and in this Act contained, the Minister, upon a request in writing from a Local Authority for any Area delivered to him in that behalf prior to the time at which a rate under and in accordance with the provisions of subsection one of section nine would normally be made and levied or be required to be made and levied by such Local Authority, accompanied by a statement in writing certified to by the chairman and clerk of such Local Authority evidencing the total rateable value of all lands in the Area which are rateable under and in pursuance of the provisions of subsection one of section nine of this Act, shall have full power and authority to issue, and shall issue, a precept signed by him and in the form hereunder set out or to the like effect to such Local Authority stating therein the amount of the revenue which, otherwise but for this section, would be required to be raised by such Local Authority by the making and levying of a rate under and in accordance with the provisions of subsection one of section nine of this Act; and upon the issue by the Minister to such Local Authority of such precept, such Local Authority shall be relieved and released from any obligation to make and levy a rate under and in accordance with the provisions of subsection one of section nine of this Act, and such Local Authority shall be and is hereby authorised and required to meet such precept and payout of its General Fund into the Stock Routes and Pests Destruction Fund hereinafter in this Act provided for the amount of such precept. PRECEPT "The Stock Routes and Rural Lands Protection Acts, 1944 to 1946" To the Council of the Town (or City or Shire) of These are to require you, the Council of the Town (or City or Shire) of, from and out of your Town (or City or Shire) Fund to pay on or before the day of, 19, into the hands of the Secretary for Public Lands (or as the case may be) the sum of dollars, being the amount of the revenue to be raised in the Area of your Local Authority. Dated this day of, 19 Secretary for Public Lands. For the purposes of enabling any Local Authority to furnish and provide the necessary moneys to meet and payout of its General Fund the amount of any precept issued under this section to such Local Authority, such Local Authority shall have full power and authority to increase the General Rate in any year to be made and levied upon or in respect of all land within its Area which is rateable land for the purposes of this Act under and in accordance with the provisions of subsection one of section nine of this Act, to the extent of the amount of the rate which the Governor in Council has prescribed, by Order in Council under and in accordance with the provisions of subsection one of section nine of this Act. Substituted by Act of 1946, 10 Geo. 6 No. 31, ss. 6,7. Act referred to: Local Government Acts, 1936 to 1965, title LOCAL AUTHORITIES. Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

12 428 LAND Vol Duties of the Superintendent. In addition to the powers, duties and functions of the Superintendent as otherwise prescribed in this Act, the Superintendent shall- (i) Subject to the Minister, be charged with the supervision of the administration of this Act and in particular with the co-ordinated carrying out by Local Authorities of their respective functions, powers and duties under this Act; (ii) Perform such other duties relative to the administration of this Act as the Minister shall direct. Superintendent, Local Authorities-See s When functions, etc., of Local Authority to be exercised by Superintendent. ( 1) If any Local Authority refuses or fails to exercise or discharge any function, power or duty conferred or imposed upon such Local Authority under or in pursuance of this Act or, in the opinion of the Minister is not exercising or discharging any such function, power or duty in a manner calculated to effect within its Area the objects of this Act, the Minister may, by a notice published in the Gazette, declare that such Local Authority shall cease to exercise and discharge within its Area such of the functions, powers and duties conferred or imposed upon it by this Act as may be prescribed in such notice, and may by such notice appoint the Superintendent to exercise and discharge within such Area such prescribed functions, powers and duties. (2) The Superintendent shall in respect of the exercise and discharge, within the Area of any Local Authority mentioned in a notice published in the Gazette by the Minister under subsection one of this section, of the functions, powers and duties prescribed in such notice be deemed to be such Local Authority. (3) A notice under this section shall remain in force for such period as may be specified therein, or if no such period is specified therein until it is revoked by the Minister by notification published in the Gazette. The period, if any, so specified in any such notice may be extended from time to time by the Minister, but every such extension shall be notified in the Gazette. Local Authority, Area, Superintendent-See s. 5. PART III-CONSTITUTION, FUNCTIONS AND DUTIES OF THE CO-ORDINATING BOARD 13. Constitution of Co-ordinating Board. Membership of Board. (1) There shall be a Co-ordinating Board consisting of ten members, as follow:- (i) The Superintendent or, in the absence of the Superintendent for any cause whatsoever, the person for the time being performing the duties of the office of Superintendent who shall be chairman of the Board; (ii) A member of a Local Authority nominated in that behalf by the Local Authorities Association of Queensland; (iii) Three owners of holdings, two of whom shall be nominated in that behalf by the United Graziers' Association of Queensland and the other by the Selectors' Association of Queensland;

13 STOCK ROUTES, ETC., PROTECTION ACTS, 1944 TO 1965 ss.l (iv) An officer of the Department of Local Government nominated in that behalf by the Minister for the time being administering such Department; (v) An owner or occupier of a holding nominated in that behalf by the Council of Agriculture; (vi) A senior officer of the Stock Branch of the Department of Agriculture and Stock nominated in that behalf by the Minister for the time being administering such Department; (vii) An owner of a holding nominated in that behalf by the Queensland Dairymen's Organisation; (viii) An officer of The Commissioner of Irrigation and Water Supply nominated in that behalf by such Commissioner. (2) Every member of the Co-ordinating Board shall be appointed by the Governor in Council by notification published in the Gazette and shall, subject to this Act, be appointed for such period as the Governor in Council shall fix and be eligible for re-appointment. (3) Any vacancy which occurs in the office of a member of the Co-ordinating Board shall be filled as soon as may be by the appointment by the Governor in Council of another member who shall be qualified to hold such vacancy as a member and shall be nominated in accordance with subsection one of this section. A vacancy in the office of a member of the Co-ordinating Board shall occur or arise upon the death or resignation of a member, or upon the inability of a member to act as such or his refusal to act as such, or in the event of the absence of a member from three consecutive meetings of the Co-ordinating Board without leave of absence from the Board having been obtained or granted, or upon any member ceasing to retain in himself the status or qualification which is or was necessary or essential for the appointment of him as a member as is hereinbefore provided. (4) If any person or association of persons thereunto authorised by this section, fails or refuses to nominate a member or a person to fill a vacancy, or the person nominated refuses to act as a member, the Governor in Council may nevertheless appoint some person to be such member or, as the case requires, to fill such vacancy. (5) Proceedings of Board. The Co-ordinating Board shall meet for the transaction of business as often as may be necessary but, in any event, at least once in each half-year. Meetings of the Co-ordinating Board shall be called by the Superintendent or, in the absence of the Superintendent for any cause whatsoever, the person for the time being performing the duties of the office of Superintendent. (6) Regulations. The Governor in Council may make regulations for the conduct of the business of the Co-ordinating Board, and without limiting the generality of this provision such regulations may prescribe the procedure at meetings either generally or as to any particular matter, quorum, non-attendance at meetings and consequences thereof, method of voting, casting vote, allowances to members, records, and all other matters necessary to ensure the good order and conduct of the business and proceedings of such Board.

14 430 LAND Vol. 9 (7) Operation of Part III. This section and section fourteen of this Act shall come into operation on the passing of this Act. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 8; Act of 1949, 13 Geo. 6 No. 50, s. 16; Act of 1961,10 Eliz. 2 No.2, s. 7. Superintendent, Local Authority-See s. 5. Holding-See Land Acts, 1962 to 1965, s. 5, p. 120, allle. 14. Functions of Co-ordinating Board. (1) The Co-ordinating Board may make recommendations to the Minister with respect to such matters and things as in its opinion affect or may affect the carrying out of the objects of this Act, and in particular concerning matters or things which in its opinion should be done or executed for the purpose of enabling all or any such objects to be carried out in accordance with a planned and co-ordinated scheme, due regard being had to the importance and order of priority of each such matter or thing in its relation or intended relation to such objects considered as a whole. (2) In addition to its powers, functions and duties as otherwise prescribed in this Act, the Co-ordinating Board shall have the following functions, powers and duties, namely- (a) That Board may, when and so often as it thinks necessary so to do, and shall if at any time it is thereunto directed by the Minister, prepare and submit to the Minister a plan for a co-ordinative programme of works for any or all of the following, namely:- (i) The improvement and maintenance of stock routes; (ii) The destruction of noxious plants on vacant Crown land, stock routes or parts of stock routes which are not fenced in with any holding, and reserves or reserves for travelling stock which are not fenced in with any holding or leased, and subject to agreement with the relevant authority as hereinafter referred to in this Act, on any land, reserve, highway, road or track owned, occupied, held in trust, or controlled by any person or authority under "The Railways Acts, 1914 to 1946," "The Main Roads Acts, 1920 to 1943," or "The State Forests and National Parks Acts, 1906 to 1948" (or any Act passed hereafter in amendment of or substitution for any of those Acts) and on any land situated within any city, town or township and owned, occupied, held in trust or controlled by a Local Authority; and (iii) The carrying out of all such other matters and things as are authorised or required to be done or executed under or in pursuance of this Act by Local Authorities, or owners; (b) To recommend the making of a rate in any Areas and the respective amount of such rate in each such Area; (c) To recommend the making of travelling stock rates in any Areas and the stock routes or parts of stock routes in such Areas in respect of which such rates should be made; (d) To recommend the payment of bonuses for the destruction of dingoes and/or other vermin in any Area or Areas and the respective amounts of such bonuses which shall be paid in such Area or each such Area;

15 STOCK ROUTES, ETC., PROTECTION ACTS, 1944 TO 1965 ss.13, (e) To recommend the construction of vermin-proof fences (including the making of orders under this Act for the construction of fences, netting fences or ring fences) that may, in the opinion of the Co-ordinating Board, be necessary or desirable; (f) To explore the possibilities of the economic use of the pelts of dingoes, foxes, and other vermin; (g) To recommend the making of regulations under this Act, the matters to be prescribed in such regulations, and the Areas in which such regulations should be in force; (h) Such other functions, powers and duties for effecting the objects of this Act as the Minister may from time to time vest in the Co-ordinating Board. (3) In preparing any plan and/ or any recommendation under paragraph (a) of subsection two of this section the Co-ordinating Board shall have due regard to- (i) The amount of money which will be available from the Fund for the purposes of implementing such plan and/or recommendation; and (ii) Any plan and/or recommendations in respect of the carrying out of works, matters and things under this Act in any Area submitted to the Co-ordinating Board by the Local Authority. ( 4) If the Minister approves of any plan and/or of any recommendation submitted or made under paragraphs (a) or (b) or (c) or (d) or (h) of subsection two of this section, he shall submit same to the Governor in Council. The Governor in Councilor the Minister may refer any such plan or any such recommendation back to the Co-ordinating Board for further consideration with respect to any works or other matter or thing. The Co-ordinating Board shall consider the subject-matter of any such reference and may modify the plan or the recommendation referred back to it in such particulars as it shall think necessary or desirable in the circumstances. (5) If the Governor in Council approves of any such plan and/or of any such recommendation the Minister may make such orders and issue such notifications and directions to Local Authorities and to owners of holdings as he shall deem necessary to give operation and effect to such plan or to any such recommendation. (6) In considering the recommendation of the payment in any Area of bonuses for the destruction of dingoes or other vermin the Co-ordinating Board shall have regard to the amount of money which will be available from the Fund for such purpose, the degree of dingo or, as the case may be, other vermin infestation in such Area and the damage occasioned thereby. (7) The Co-ordinating Board may recommend that rates to be made or bonuses for dingo or other vermin destruction shall differ in amount in different Areas but such recommendation shall have regard to the matters prescribed in subsection six of this section and also, with respect

16 432 LAND Vol. 9 to any rate, the works, matters or things to be done under this Area in the Areas under consideration during the period for which the rate is recommended to be made. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 9; Act of 1951, 15 Geo. 6 No. 26, s. 7; Act of 1961, 10 Eliz. 2 No.2, s. 8. Acts referred to: Railway Acts, 1914 to 1965, title RAILWAYS AND TRAMWAYS. Main Roads Acts, 1920 to 1965, title ROADS. State Forests and National Parks Acts, 1906 to 1948; see now Forestry Acts, 1959 to 1964, title FORESTRY, Vol. 6, p Indemnity to persons acting under this Act-See s. 60. PART IV-FUNCTIONS AND DUTIES OF LOCAL AUTHORITIES 15. Local Authority to improve and maintain stock routes and reserves for travelling stock. Every Local Authority shall have the function of controlling, improving and maintaining all stock routes or parts of stock routes and reserves for travelling stock within its Area to the extent necessary to ensure that the same are at all times in a reasonably fit and proper condition for use by travelling stock and for such purpose shall be charged with the duties and have the powers prescribed by this Part of this Act: Provided that notwithstanding anything in "The Local Government Acts, 1936 to 1945," to the contrary contained- (a) A Joint Local Authority shall not at any time after the passing of this Act be constituted under "The Local Government Acts, 1936 to 1945," for the purpose of exercising or performing any of the functions, duties, or powers which or with which any or each of two or more Local Authorities shall have or shall be charged under this Act, except upon the recommendation of the Co-ordinating Board approved by the Minister; (b) Subject to the provisions of section twenty-one of this Act, a Local Authority or a Joint Local Authority, with respect to functions, duties, or powers which or with which a Local Authority or a Joint Local Authority shall have or shall be charged under this Act, shall not have any power or authority in any way inconsistent with the provisions of this Act or of any of such provisions. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 10. Act referred to: Local Government Acts, 1936 to 1965, title LOCAL AUTHORITIES. Local Authority, stock route, reserve for travelling stock, Area, Joint Local Authority-See s. 5. Indemnity to persons acting under this Act-See s Powers and duties of Local Authorities in respect of stock routes, etc. Every Local Authority shall, with respect to its Area and any vacant Crown land, stock route, part of a stock route, reserve, or reserve for travelling stock within its Area- (i) Conserve the natural fodder for stock on, and prevent the eating out of, such stock route or part of a stock route or reserve for travelling stock, whether fenced or unfenced;

17 STOCK ROUTES, ETC., PROTECTION ACTS, 1944 TO 1965 ss (ii) (iii) (iv) (v) Determine, subject to the approval of the Minister, whether such stock route or part of a stock route or reserve for travelling stock or any portion thereof shall be fenced in with or fenced out of any holding; If thereunto required pursuant to any programme of works approved by the Governor in Council under this Act provide supplies of water for, and/or facilities for watering, travelling stock; At all times maintain in good and substantial repair all facilities for watering travelling stock and all other facilities for the improvement of stock routes existing at the commencement of this Act or provided under this Act; Subject to the approval of the Minister, enforce to such extent as is reasonable and economically possible, the destruction by any owner of a holding of noxious plants on any stock route, part of a stock route or reserve for travelling stock or portion thereof which is fenced in with his holding; (vi) Destroy noxious plants on every stock route or part of a stock route or reserve for travelling stock or portion thereof which is not fenced in with any holding or leased; (vii) If thereunto required pursuant to any programme of works approved by the Governor in Council under this Act- (a) Carry out (subject to the provisions of the Land Acts relating to the destruction and/or ringbarking of timber) ringbarking, clearing and/or any other works upon any stock route, part of a stock route or reserve for travelling stock; and (b) Destroy noxious plants on the following, or any of them, that is to say, vacant Crown land, stock routes or parts of stock routes which are not fenced in with any holding, and reserves or reserves for travelling stock which are neither leased nor fenced in with any holding; (viii) Subject to any other Act or law affecting travelling stock and to the by-laws having operation and effect subject to this Act and to the regulations made under this Act, control and regulate the movements of travelling stock; (ix) Levy and collect all rates and other fees and charges made under or in pursuance of this Act in respect of its Area; (x) Transmit to the Treasury for payment into the Fund, the amount of all rates and other charges and fees made under or in pursuance of this Act collected by such Local Authority; (xi) Administer within its Area all by-laws having operation and effect subject to this Act and all regulations made under this Act which it is expressly or impliedly required to administer. As amended by Act of 1946, 10 Geo. 6 No. 31, s. 11; Act of 1951, 15 Geo. 6 No. 26, s. 8; Act of 1961, 10 Eliz. 2 No.2, s. 9. Local Authority, Area, stock route, noxious plants, reserve for travelling stock-see s. 5. Crown land-see Land Acts, 1962 to 1965, s. 5, p. 120, ante.

18 434 LAND Vol Agreements with adjoining owners respecting facilities for watering travelling stock. (1) The Local Authority may, and shall if thereunto directed by the Minister, from time to time, enter into an agreement with the owner of any holding intersected by, adjoining or adjacent to, a stock route or part of a stock route or reserve for travelling stock within the Area of such Local Authority to provide for- (a) A supply of water to the holding of such owner from a water facility under the control and management of such Local Authority and situated upon a stock route, part of a stock route or reserve for travelling stock; or (b) A supply of water from a water facility on the holding of such owner to a stock route, part of a stock route or reserve for travelling stock; or (c) The watering of travelling stock at a water facility situated upon the holding of such owner; or (d) The maintenance in good order and condition of a water facility under the control and management of such Local Authority and situated upon a stock route, part of a stock route or reserve for travelling stock; or (e) The construction conjointly by the Local Authority and the owner of a water facility for the use of travelling stock and the stock depastured on such owner's holding: Provided that such agreement shall not be executed by the parties unless and until the Minister has approved of the terms and conditions thereof. (2) The ownership of any water facility constructed in pursuance of an agreement under this section conjointly by the Local Authority and the owner for the use of travelling stock and the stock depastured upon such owner's holding shall, if either party to the agreement pays the cost thereof, be vested in such party, but if such cost is apportioned between both parties thereto, shall, unless the agreement otherwise provides, be deemed to be vested in them in proportion to the amounts of such cost paid by them respectively. (3) The Local Authority shall produce every such agreement to, and lodge a duplicate original or true copy thereof, with the authority charged with registering the instrument of title to the holding in question who shall cause such agreement to be noted by endorsement upon such instrument, and thereupon such agreement shall be binding upon the successors in title of the owner as well as upon him. (4) The Minister shall not direct a Local Authority to enter into an agreement under this section with any owner of a holding unless the Minister is satisfied that such owner is willing to enter into such agreement upon and subject to terms and conditions which will be equitable as between him and such Local Authority. (5) Any agreement made prior to the enactment of this section which could be lawfully made under this section shall be deemed an agreement made under this section and is hereby ratified accordingly. Substituted by Act of 1961, 10 Eliz. 2 No.2, s Straying stock may be seized. ( 1) All stock other than bona fide travelling stock found de pasturing without the authority of the Local Authority on a stock route or part of a stock route within the Area