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The Birds Protection Act.—1900.
10. All proceedings for any offence against this Act may be had and taken before, and be heard and determined in a summary way by, any Special Magistrate or two Justices of the Peace, under the provisions of the Ordinance No. 6 of 1850, - To facilitate the performance of duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders," or of any Act in force, or hereafter to be in force, relating to the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and orders may be enforced as in the said Ordinance, or in any other Act as aforesaid, is or shall be provided.
ll. There shall be an appeal to the Local Court of Adelaide of Full Jurisdiction only against any order or conviction by any Special Magistrate or Justices of the Peace against this Act, and from every order dismissing any information or complaint, or from any other order made by such Magistrate or Justices under this Act; and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts, or any Act to be hereafter in force regulating such appeals; but the Local Court of Adelaide aforesaid shall have power to make such order as to the payment of the costs of the appeal as it shall think fit, although such costs may exceed Ten Pounds.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
Owls of all species.....
Strigidæ Mopokes and Night Jars of all species .. Caprimulgidæ Swifts of all species .............
Cypselidæ Swallows and Martins of all species.....
Hirundinidæ Laughing Jackasses and Kingfishers of all species .....................
Alcedinidæ Wood Swallows of all species .........
Artamidæ Diamond Birds (or Pardalotes) of all species.....
Saxicolidæ Superb Warblers, Emu Wrens, Blue Wrens, í Malurus Amytis and and Wrens of all species ............
Stipiturus Native Tits of all species ..............
Acanthiza and Geobasileus Tintacks and Ephthianuras of all species..
Ephthianura Pipits and Larks of all species ..........
Motacillidæ Reed Warblers and Bush Larks of all species ...........
Sylviadæ Bower Birds .....
Chlamydodera Tree Creepers of all species ......
Climacteris Cuckoos of all species ..........
Cuculidæ Stone Plovers or Night Curlews ....
Edicnemus Ibis and Spoonbills of all species ....
Tantalidæ Herons, Bitterns, Egrets of all species....
Ardeida Seagulls of all species ...............
Larida Terns (or Sea Swallows) of all species....
Sternidæ Cape Barren Geese .........
134 to 154 163 to 178 185 to 201 220 to 230 231 to 233 240 to 243
Note.--The scientific family and generic names are taken from Gould's “ Handbook to the Birds of Australia," and the species numbers are those given in the same book to the species included in this list.
The Birds Protection Act.—1900.
THE SECOND SCHEDULE.
BIRDS PROTECTED DURING PART OF THE YEAR.
From the first day of June to the Swans ................
twentieth day of December, buth Wild Geese (except Cape Barren Geese)..
inclusive. Plovers of all kinds, ...,
(From the first day of August to the Wild Ducks of all kinds ......... Bustards or Native Turkeys ...........1
" twentieth day of December, both
All other wild birds, whether indigenous or ) From the first day of July to the
imported, except those mentioned in the twentieth day of December, both First and Third Schedules............) inclusive.
THE THIRD SCHEDULE.
BIRDS NOT PROTECTED.
English Chaffi: ches
English House Sparrows
Rosella Parrots (Platycercus (Cacatua Galerita)
Adelaidensis, Platycercus Hawks
Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.
[Assented to, December 5th, 1900.] DE it Enacted by the Governor, with the advice and consent of D the Parliament of South Australia, as follows:
1. This Act may be cited as “ The Vermin Districts Amendment Short title and Act, 1900,” and shall be incorporated with “ The Vermin Districts mcorp Act, 1894,” hereinafter called the principal Act.
2. Section 4 of the principal Act defining “ vermin-proof fence” Repeal. is hereby repealed, but this repeal shall not affect any fence erected or made vermin-proof by any Board before the coming into operation of this Act.
3. “Vermin-proof fence” shall mean-
Schedule A hereto; or
the Commissioner in writing.
4. (a) Every vermin-proof fence erected by a Board shall be Fences subject to erected to the satisfaction of the Commissioner.
approval of Commissioner.
(6) Any person authorised in writing by the Commissioner may at any time inspect any vermin-proof fence erected by any Board or in course of erection. 746
The Vermin Districts Amendment Act.—1900.
(c) The Commissioner may, by writing under his hand, require any Board to alter or repair any vermin-proof fence which has not been constructed in accordance with the requirements of this Act, and such Board shall alter or repair such fence accordingly.
Gates at junction with another fence.
5. Any fence which joins, abuts on, or is connected with a vermin-proof fence erected by the Board shall be provided by the owner thereof at or about the point at which such fence joins, abuts on, or is connected with the vermin-proof fence with a suitable gate at least twelve feet wide, so as to allow free passage for the purpose of inspection and repair under section 4 of this Act. On default by the owner the Board may provide such gate and recover the cost from the owner. For the purposes of this section “owner" includes the occupier of the land on which the fence is erected.
6. The provisions of “ The Wild Dog and Fox Destruction Act, 1889,” are hereby repealed so far as relates to any lease situate to the north and west of the River Murray.
thereol WTUL a ver
7. On the lessee of any land enclosing his land or any portion thereof with a vermin-proof fence to the satisfaction of the Commissioner, “ The Wild Dog and Fox Destruction Act, 1889," shall not apply to the area so enclosed: Provided, however, that this section shall not affect any right accrued or any liability incurred under the said Act prior to such area being fenced with a verminproof fence.
Exemption not to apply in certain cases.
8. The exemption from rates in the proviso to section 83 of the principal Act shall not apply to any laud hereafter enclosed with a vermin-proof fence if such fence shall have been erected after the proclamation of the vermin district in which such land is situated.
Contributions by instalments.
9. (1) Any Vermin Board liable under section 19 of the principal Act to pay any portion of the value of a vermin-proof fence to any other Board may pay such amount, with interest thereon, at the rate of Four Pounds per centum per annum, in twenty equal yearly instalments, calculated at the rate of Seven Pounds Seven Shillings and Two Pence for each One Hundred Pounds such first-mentioned Board is liable to pay.
(2) The first of such instalments shall become due and payable on the date when the liability of the first-mentioned Board is established, and one of such instalments shall become due in each year thereafter until the whole amount is paid.
Liability of adjoining occupiers.
10. (1) Where the land of any occupier is not within a Vermin District, but abuts on a Vermin District, and such land is enclosed with a vermin-proof fence, or is portion of an area enclosed within a vermin-proof fence, such occupier shall, three months after demand upon him, be liable to pay to the Board owning the fence dividing the land of the occupier from the Vermin District one-half of the value of such fence at the time of such demand.