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PART II.

DIVISION IV.

Owner or occupier not bound to clear travelling stock reserve, or destroy rabbits in cages. Ibid., s. 38.

940, 1907, s. 2.

Occupier may lay

poison for destruction

of vermin.

The Vermin Act.-1914.

or to the Commissioner (as the case may be) remains due and unpaid for the space of one month after notice in writing to pay the same has been given to such owner or occupier, any person by such Council, Board, Associated Board, or Commissioner thereunto authorised may at any time thereafter so long as any money remains so unpaid, without any warrant, enter upon any laud of such owner or occupier, and distrain the goods, chattels, and effects found thereon for the amount remaining due and unpaid.

(2) If the amount for which the distress is levied, together with all reasonable costs of such notice, entry, and distraint, is not paid within five days after such levy, then the said distress, or so much thereof as is sufficient to pay the amount remaining unpaid and costs, may be sold.

(3) Any surplus remaining after payment of such amount and costs, and the costs of and incidental to the sale, shall be returned to the owner of the goods, chattels, and effects distrained.

36. Nothing in this Part contained shall be construed to render it the duty of an owner or occupier--

(a) to destroy vermin upon a dedicated travelling stock reserve or Crown lands used as a travelling stock road which is within the boundaries of, or adjoining, the land of such owner or occupier:

(b) to destroy rabbits kept by him in cages.

37. (1) Subject to subsection (2) hereof, it shall be lawful for any occupier of land, for the purpose of carrying out his duties 1066, 1911, s. 24 (2). under this Act with regard to the destruction of vermin, to lay poison on such land.

No person acting bond fide liable for damage. 905, 1905, s. 39.

DIVISION V.

Destruction of vermin on break wind

reserves.

1135, 1913, s. 15.

No. 831 of 1903.

(2) No poison shall be laid under the provisions of this section unless notice of such poison being laid is conspicuously exhibited on the land, and no poison shall be so laid within one hundred yards of any public road or way.

38. No authorised person shall be deemed a trespasser, or be liable for any damage occasioned by him in the exercise of the powers, discretions, and authorities, or any of them, by this Part conferred upon him, unless such damage is occasioned by or under the authority of such person wilfully and without necessity.

DIVISION V.-DESTRUCTION ON BREAKWIND RESERVES IN
PINNAROO RAILWAY DISTRICT.

39. (1) Every owner and every occupier of any land adjoining any land within the Pinnaroo Railway District reserved by the Surveyor-General as a break wind (whether the land so reserved is or is not within any of the hundreds mentioned in section 13 of the “Pinnaroo Railway Act") shall at all times and at his own expense, destroy all vermin upon such breakwind reserve, and upon the half width of any road adjoining such reserve.

(2) When

The Vermin Act.-1914.

(2) When any land is separated from any such breakwind reserve only by a road, the owner or occupier of such land shall, at all times and at his own expense, destroy all vermin upon the full width of such road, and upon such break wind reserve, and upon the half width of any other road adjoining such reserve.

(3) The obligation imposed by this section on the owner or occupier of land shall not apply in any case where the land adjoining the breakwind reserve on the side thereof remote from the firstmentioned land, or only separated therefrom by a road, is Crown land (which term does not include land vested in the South Australian Railways Commissioner).

(4) The obligation imposed by this section shall apply with respect to the whole width of a breakwind reserve, and with respect to so much of the length thereof as adjoins the land of the owner or occupier bound by this section, or as is separated therefrom only by a road.

(5) When the owners or occupiers of lands on different sides of a break wind reserve, or only separated therefrom by a road or roads, are bound by this section to destroy vermin on such reserve, or such reserve and road or roads, and the owner or occupier of the land on one of such sides destroys such vermin, he may, by action in any Court of competent jurisdiction or summarily in manner indicated by section 273, recover a portion of the costs and expenses of the destruction thereof from the owner or occupier of the land on the other of such sides.

The portion so recoverable shall be determined according to the respective liabilities of such owners or occupiers under this section in respect of such reserve, or reserve and road or roads, or the part or parts thereof whereon the vermin have been so destroyed.

PART 11.

DIVISION V.

(6) In this section the expression Pinnaroo Railway District" means the area enclosed by the outer edge of the blue line shown on the plan in the Second Schedule to the " Pinnaroo Railway Act." No. 831 of 1903.

vermin.

40. When an authorised person finds vermin upon any such Notice to owner or breakwind reserve or road as mentioned in section 39, he may, by occupier to destroy notice in writing, require any person bound by the said section to Ibid., s. 16. destroy such vermin to forthwith destroy all vermin thereon, or on the part or parts thereof in respect of which he is so bound (as the case may be).

41. (1) The owner or occupier of any land who, being bound by section 39 to destroy the vermin on a breakwind reserve, or on such reserve and any road or roads, does not

Penalty for not destroying vermin

during simultaneous destruction period of after notice.

(a) during the simultaneous vermin destruction months of Ibid., s. 17. January, February, March, and April in any year, or

(b) within the prescribed time after the service upon him of a

notice under section 40,

C-1181

destroy

PART 11. DIVISION V.

The Vermin Act.-1914.

destroy all vermin on such reserve, or on such reserve and road or roads, or on the part or parts thereof in respect of which he is so bound (as the case may be), shall be liable to a penalty for a first offence not exceeding Five Pounds, and for every subsequent offence not exceeding Twenty Pounds.

(2) The provisions of subsection (2) of section 23 shall apply to an information under this section: Provided that the information may be in such of the forms No. 3 and No. 4 in the Fifth Schedule as is applicable to the case, and when in such form shall not be questioned for want of form.

(3) This section shall be read as if the provisions of subsection (3) of the said section 23 were repeated in this section.

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PART III.

VERMIN-FENCED DISTRICTS.

DIVISION I.-INTERPRETATION.

42. In this Part

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“Public notice" means notice given by advertisement in the Gazette, and by posting handbills, written or printed, or produced by mechanical process, on every post office in the District and on every other place appointed by the Board, by by-law or otherwise, as a place for posting notices: Ratable property" means and includes all lands, tenements, and hereditaments (including Crown lands, whether occupied or unoccupied) within the limits of a District : Ratepayer" means the owner or occupier of ratable property, or the owner of unoccupied ratable property, or the Surveyor-General in respect of ratable property belonging to the Crown, whether occupied by the Crown or unoccupied.

66

DIVISION II-CONSTITUTION OF VERMIN-FENCED DISTRICTS AND VERMIN BOARDS, AND SUSPENSION AND ABOLITION OF BOARDS. 43. (1) The Governor may, by proclamation,—

(a) upon the petition of the holders representing one-half of the ratable property (exclusive of unoccupied Crown lands) within the boundaries of the area mentioned in the petition, constitute such area, not being lands within a Municipality and not being already a Vermin-Fenced District, a Vermin-Fenced District for the purposes of this Act:

(b) assign a name to such District and fix the boundaries

thereof:

(c) declare

The Vermin Act.-1914.

(c) declare that any lands shall cease to be a Vermin-Fenced District or portion of a Vermin-Fenced District :

(d) vary the boundaries of a District.

(2) A plan of a proposed District or of a proposed alteration of a District, showing the proposed boundaries and the amount of freehold lands, lands leased by the Crown, and unleased lands belonging to the Crown, comprised within the same, shall be laid before Parliament and be approved by resolution of both Houses thereof.

(3) No owner holding less than a quarter of a square mile of land within the proposed District shall be entitled to take any part in relation to the formation of the District.

PART III.

DIVISION 11.

(4) Notwithstanding anything in this section, no area shall be 1066, 1911, s. 18. declared a Vermin-Fenced District as aforesaid unless there are, at the time of the publication of the proclamation, at least three ratepayers holding ratable property (other than ratable property belonging to the Crown) situated within such area.

44. The Governor may, by proclamation,

Alteration of boundaries.

(a) in case a Board has erected a vermin fence outside the 905, 1905, s. 43. boundaries of the District, or

(b) in case it is impracticable or would be very difficult to erect a vermin fence on the boundaries of the District,

extend the boundaries of the District so as to include the fence already erected, or to include the land on which it is proposed that the fence shall be erected, and,

(c) in case portion of the District is situated outside of the vermin fence erected by the Board,

sever such outside portion from such District.

45. The Governor may, by proclamation, make any apportion- Apportionment of ment of property or adjustment of rights and liabilities as between property and adjusttwo or more Districts, which is rendered necessary or expedient Ibid., s. 44. owing to the alteration of the boundaries of any District or Districts.

46. (1) Where any portion of the boundaries of a District, Contribution for fences already declared under Part III. of "The Vermin Act, 1905," or constituted erected. under this Part of this Act (hereafter in this section called "the new Ibid., s. 45. District") consists of portion of the vermin fence of a previously existing District, the following provisions shall apply:—

(a) The Board of the new District shall pay to the Board of the previously existing District one-half of the value, at the time of the publication of the proclamation constituting the new District, of such portion of such fence:

(b) The amount so to be paid, unless agreed upon by the two Boards, within three months after notice given in writing

by

PART III.

DIVISION 11.

1135, 1913, s. 6.

1066, 1911, s. 19.

No. 510 of 1891.

Appointment of
Boards and auditors.
Ibid., s. 50.

The Vermin Act.-1914.

by either Board to the other requiring that such amount shall be fixed, shall be fixed by the Commissioner by order published in the Gazette:

(c) The amount so agreed or fixed may be paid in twenty equal yearly instalments, together with simple interest on the balance for the time being remaining unpaid at the rate per centum per annum paid by the Board of the previously existing District for any money borrowed by it in respect of such fence:

(d) The first of such instalments shall be paid within twelve months from the date when the amount to be paid is agreed upon or fixed as aforesaid: and one of such instalments shall be paid in each year thereafter until the whole amount is paid.

(2) Where any portion of the boundaries of a District constituted as mentioned in subsection (1) hereof consists of portion of a vermin proof or other fence, the property in whole or in part of a lessee, the Board shall pay to such lessee one-half of the value of his interest in such fence at the time when the District was constituted, such price to be fixed by mutual agreement, or, failing that, by arbitration pursuant to the "Arbitration Act, 1891 ": Provided that where any lessee of land included in such Vermin District has contributed towards the value of such fence, the amount of such contribution may be set off by the Board against the amount which the Board is liable to pay.

47. The following provisions shall apply upon the constitution of a new District under section 43.

(a) The Governor shall appoint four persons to be the Vermin Board of such District:

(b) One of such persons shall be a Government officer:

(c) Where possible the other members of the Board shall be ratepayers, or representatives of ratepayers, within the District:

(d) The Governor may also appoint one of the members to be Chairman of the Board:

(e) The Governor may also appoint two auditors for the District: (f) Such Government officer shall hold office during the pleasure of the Governor and shall not be subject to retirement by effluxion of time:

(7) Such other members of the Board and the auditors shall retain office until after the first annual election after the constitution of the District:

(h) Such Board shall have and exercise all the powers, duties, and functions of a Vermin Board under this Act.

48. (1) Any

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