The Vermin Act.-1914.

PART I.

3. (1) This Act is a consolidation of the Acts mentioned in the Acts consolidated First Schedule, and the said Acts are hereby repealed.

(2) Such repeal shall not

1. affect the operation prior to the passing of this Act of
any repealed Act:

II. alter the past or future effect of the doing, suffering, or
omission of anything prior to the passing of this Act:
III. affect any right, interest, privilege, power, duty, obligation,
liability, charge, penalty, or burden of proof, created,
acquired, accrued, exercisable, incurred, or imposed by
or under, or liable to be imposed under, any repealed

Act:

IV. affect any proclamation, notice, order, by-law, rule, or
regulation, or any act, matter, or thing, lawfully made,
given, published, or done under or in pursuance of any
repealed Act:

v. affect any legal or other proceeding heretofore commenced,
or hereafter to be commenced, in respect of any of the
matters or things in this section before mentioned.

(3) All matters and things mentioned in subsection (2) of this section are, to the extent that they were respectively in force immediately before the passing of this Act, hereby preserved and continued and declared to be of the same force and effect as if this Act had been in force when they respectively were done, suffered, omitted, created, acquired, incurred, imposed, made, given, or published, or accrued, or became exercisable or liable to be imposed, and they respectively had been done, suffered, omitted, created, acquired, incurred, imposed, made, given, or published, or had accrued, or had become exercisable or liable to be imposed, under this Act.

(4) All Vermin-Fenced Districts, Vermin Boards, Associated District Councils, Vermin Boards, and Vermin Trusts which were in existence under any repealed Act at the passing of this Act, and the members and chairmen of such Boards, the members of such Trusts, the auditors for such Districts, and all officers and authorised persons and other persons elected or appointed under any repealed Act are hereby continued, as if this Act had been in force when they were respectively constituted, formed, elected, or appointed, and they had been respectively constituted, formed, elected, or appointed under this Act.

(5) Any proceeding which at the passing of this Act is pending in any Court, or before any arbitrator or other authority, may be proceeded with, heard, and determined, and the decision or award or any order made therein may be enforced, under this Act.

(6) All offences committed, and all liabilities, forfeitures, and penalties incurred or imposed, or liable to be imposed, before the passing of this Act may be tried, punished, inquired into, and enforced under this Act. (7) Wherever

and repealed.

Saving provision.

PART I.

Interpretation. 905, 1905, s. 4. Any land.

Authorised person.

Associated Board.

Board.

1135, 1913, s. 3.

By-law.

Chairman.

Commissioner.

Court.

Crown lands.

The Vermin Act.-1914.

(7) Wherever in any Act, or in any regulation, by-law, or rule, or any other document or instrument of any kind, any reference is made to any repealed Act, such reference shall be read and construed as a reference to this Act, or to the corresponding provision of this Act.

4. In this Act, except where the subject matter or context or some other provision requires a different construction,—

"Any land" means any land in the State not coming within the definition herein contained of Crown lands:

"Authorised person means a person who, for the purpose of carrying into effect the provisions of Part II., is authorised and appointed in writing

(a) by a District Council, as regards anything to be done within its District (except in cases where the provisions of subsection (1) or subsection (2) (a) of section 11 are applicable):

(b) by a Vermin Board, as regards anything to be done within its Vermin-Fenced District:

(c) by an Associated Board, as regards anything to be done within its Distict:

(d) by the Commissioner, as regards anything to be done elsewhere than within the District of a District Council, Vermin Board, or Associated Board: "Associated Board" means an Associated District Councils Vermin Board continued by this Act or constituted under section 12:

"Board" means the Vermin Board of a Vermin-Fenced District: "Boundary fence" (see section 201):

"By-law" means by-law made or in force under this Act:

Chairman" means Chairman of a Vermin Board:

"Commissioner" means the Commissioner of Crown Lands and Immigration of the State:

"Court" means the Court or Justices having cognizance of the

matter:

"Crown lands" means and includes all lands in the State except―

1. lands reserved for or dedicated to any public

purpose:

11. lands lawfully granted, or contracted to be granted, in fee simple by or on behalf of the Crown: III. lands subject to any agreement, lease, or licence lawfully granted by or on behalf of the Crown:

and

The Vermin Act.-1914.

and includes all lands which, having been granted or held
under agreement or lease, have been or are surrendered, or,
having been reserved or dedicated, have been or are law-
fully resumed by proclamation; and all lands which, hav-
ing been lawfully held by any person for any estate or
interest, have been or are lawfully forfeited to or resumed
by, or by any means whatsoever have reverted or revert to,
the Crown:

"District" means Vermin-Fenced District:

PART I.

District.

"District Council" or "Council" means a District Council con- District Council. tinued or established by or under "The District Councils Act, 1887":

vacancy.

"Extraordinary vacancy" means any vacancy in an office occur- Extraordinary ring otherwise than by effluxion of time: "Fences Acts" means "The Fences Act, 1892," and the Fences Acts. "Fences Act Amendment Act, 1903":

"Fixed rate" means the annual rate of interest, fixed by the
Commissioner under section 3 of "The Vermin Act Further
Amendment Act, 1912," or under section 220 of this Act,
which was or is in force at the time when-

(a) the loan or advance in question, or with which the
particular matter is connected, was or is made, or
(b) the expenditure of the money in question, or with
which the particular matter is connected, was or
is authorised by the Governor, or

(c) the money in question, or with which the particular
matter is connected, was or is expended by the
Commissioner,

as the case may be:

"Gazette" means the South Australian Government Gazette:

"Judge " means Judge of the Supreme Court of the State:
"Justice" means Justice of the Peace for the State:
"Member" means member of a Board :

"Owner or Occupier" includes the authorised agent of any owner or occupier, and every person in receipt of or entitled to rents or profits of any land, and also includes a mortgagee in possession:

559 of 1892
826 of 1903.

Fixed rate.

1107, 1912 s. 3 (3).

Gazette.

Judge.

Justice.

Member.

Owner or Occupier.

"Proclamation" means proclamation by the Governor published Proclamation. in the Gazette:

"Public notice" (see section 42):

"Rabbit-proof fence" means

(a) a substantial fence such as is shown and described

in the Second Schedule, or

(b) any other substantial rabbit-proof fence approved of
in writing by the Commissioner:

"Ratable

Rabbit-proof fence.

PART I.

Regulation.

Repealed Act.

The Vermin Act.-1914.

"Ratable property " and "Ratepayer" (see section 42):

66

Regulation" means regulation made or in force under this

Act:

"Repealed Act" means Act repealed by this Act or repealed by an Act hereby repealed, or any other repealed Act which dealt with vermin destruction or vermin fencing: Secretary" means Secretary to the Board:

Secretary.

66

State.

Surveyor-General.

This Act.

Town.

Vermin.

Vermin-Fenced
District.

Vermin fence.

"State" means the State of South Australia:
"Surveyor-General" means the Surveyor-General for the State
for the time being, or the person for the time being dis-
charging the duties of the office of such Surveyor-General:
"This Act" includes by-laws and regulations made or in force
under this Act:

"Town" means and includes any Government town or town-
ship, and any land laid out as a township, plans whereof
are deposited in the Land Titles Registration Office or in
the General Registry Office for Deeds:

"Vermin" includes rabbits, wild dogs, and foxes, and any other animals which the Governor, by proclamation, declares to be vermin for the purposes of this Act:

"Vermin-Fenced District" means Vermin-Fenced District continued by this Act, or constituted under Part III. or Part V. of this Act:

"Vermin fence" means

(a) a substantial fence such as is shown and described in the Third Schedule, or

(b) any other substantial vermin fence approved of by the Commissioner, in writing.

PART II.

DIVISON I. Commissioner may appoint officers. 905, 1905, s. 7.

PART II.

VERMIN DESTRUCTION.

DIVISION I.-GOVERNMENT INSPECTORS.

5. (1) The Commissioner may appoint such inspectors, subinspectors, and other officers as he thinks necessary for the efficient working of this Act, and may remove any person so appointed.

(2) The Commissioner and every such inspector, sub-inspector, and other officer may, by writing under his hand, authorise such other person or persons as he deems necessary to carry or assist to carry this Act into effect.

DIVISION

The Vermin Act.-1914.

DIVISION II.--DESTRUCTION ON CROWN LANDS.

PART II.

DIVISION II.

6. The following provisions shall apply with respect to the Destruction of vermin destruction of vermin upon Crown lands-

(1) Every District Council may, by resolution, declare any
Crown lands within its District, but which are not within
a Vermin-Fenced District, to be vermin infested:
(2) Where all Crown lands within such District are not
declared vermin infested, such resolution shall specify
the Crown lands to which it refers:

(3) A copy of such resolution shall be forwarded to the Com-
missioner, who, if satisfied that the lands therein
specified are vermin infested, shall forthwith publish in
the Gazette a notice declaring such lands to be vermin
infested, or, if satisfied that such lands are not vermin
infested shall notify the Council to that effect:

(4) When any Crown lands have been declared vermin in-
infested under subsection (3) hereof, the Council may
declare in respect of such lands such annual rate as is
approved by the Commissioner, but not exceeding One
Pound per square mile or part thereof, or such additional
sum as is recommended by the Surveyor-General and
approved by the Commissioner:

(5) The total amount realised by the rate so declared shall be
paid by the Commissioner to the Council, and shall be
expended by it in and upon the destruction of the
vermin on such lands:

(6) At the end of each year the Council shall forward to the
Commissioner a statement of the actual expenditure for
vermin destruction on Crown lands within the District.
Such statement shall be certified as correct by the Chair-
man and Clerk of the Council:

(7) If the amount expended by the Council is less than the
amount paid to it as aforesaid by the Commissioner, the
Council shall forthwith refund the difference to the
Commissioner:

(8) The Commissioner may at any time fence any such vermin
infested Crown lands with a rabbit-proof fence, and such
lands shall upon the completion of such fence, and while
such fence is maintained in an effective condition, cease
to be liable to be rated under subsection (4) hereof:
(9) Where the Commissioner does not approve any rate
declared under subsection (4) hereof, he shall forthwith
take all necessary and proper steps for the destruction of
vermin upon the lands in respect of which such rate was
declared.

on Crown lands within District Council Districts. Ibid., s. 8.

7. Except as provided by section 6, the Crown shall be under no Limit of liability for liability for the destruction of vermin upon Crown lands.

destruction of vermin by the Crown.

DIVISION Ibid., s. 9.