VERMIN. No. 2 of 1919. (As amended by No. 39 of 1919* and No. 29 of 1925†.) AN ACT relating to Vermin Fencing, and the Destruction of Vermin, and for other purposes incidental thereto. BE [Assented to 3rd January, 1919.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: PART I.-PRELIMINARY. 1. This Act may be cited as the Vermin Act, 1918. It is short title and divided into parts, as follows: PART III.-VERMIN DISTRICTS, S. 14. PART IV. BOARDS OF VERMIN DISTRICTS, SS. 15-52. PART PART V.-FUNDS OF BOARDS, Ss. 53-73. PART VII.-DESTRUCTION OF VERMIN, ss. 92-100. PART VIII.-MISCELLANEOUS, ss. 101-133. divisions. 2. This Act shall apply throughout the State. Application of Act. 3. The Acts mentioned in the First Schedule to this Act Repeal. First are hereby repealed: Provided that (a) All districts; and (b) All boards and all elections and appointments of (c) All proclamations, orders, by-laws, regulations, re- (d) All offices and appointments of officers; and Assented to 17th December, 1919. + Assented to 16th December, 1925. Schedule. Amended by No. 29 of 1925, s. 3. Interpretation. Inserted by No. 29 of 1925, s. 4 (1). which at the commencement of this Act are in existence, force, or operation under or for the purposes of the said Acts shall, except in so far as is inconsistent with this Act, subsist and enure for the purposes of this Act, and shall continue as if this Act had been in force when they respectively originated and they had originated thereunder. 4. In this Act unless the context otherwise requires— cludes the member acting as chairman for the time "District" means a Vermin District; "Financial year" means the financial year as prescribed; "Government fence" means the barrier fence No. 1, erected from Starvation Boat Harbour to Ninetymile Beach, the fence No. 2, from Point Ann to a point North-West of Yalgoo, thence running East and joining fence No. 1 at Gum Creek; the fence No. 3, running West from fence No. 2, eleven miles and sixty chains North-West of Yalgoo to Bluff Point, and any other vermin fences or rabbit-proof fences erected out of public moneys; "Holding" means any land or collection of lands of an owner constituting or worked as one property. whether held, used or occupied under pastoral lease. or in fee simple, or under conditional purchase lease, or other lease, or as a homestead farm, or as a public reserve or otherwise, and whether under the same title or different titles or under titles of different kinds; The term "holding" also includes a timber lease or concession and land held under a sawmill or other permit under the Land Act, 1898, or the Forests Act, 1918. The term does not include any holding under the Mining Act, 1904; "Inspector" means an inspector appointed by the Governor or a board, and includes chief inspector; "Manager" means the resident manager of a holding of which the owner does not reside in the district: "Member" means a member of a board; "Minister" means the Minister for Agriculture or such other responsible Minister of the Crown as is for "Occupier" means the person in actual occupation of a "Owner" as applied to a holding means the person in (a) the holder of a legal or equitable estate of (b) the holder of an estate legal or equitable under (c) the holder of a homestead farm or any other No. 2 of 1925, (d) a mortgagee of the land. If there is no such person in possession the term Receipt of the rents and profits is equivalent to (a) a substantial fence such as is described in or (b) any other substantial rabbit-proof fence ap- "Prescribed" means prescribed by this Act or any regu- "Public reserve" means any land excepted from sale by the Governor under Part III. of the Land Act, 1898, or any land regulation, and vested in, held by, or placed under the control of any person or body corporate or unincorporate (not being an official or agency of the Crown); "Vermin" means and includes any animal or bird mentioned in the Third Schedule to this Act, and such other animals or birds the names of which the Governor may by proclamation add to the said schedule: 8. 4 (2). Inserted by No. 29 of 1925, s. 4 (3). Definition of boundary" and adjoining." Application of Act to local authorities. Exercise of powers by Minister and Boards. Provided that the Governor may in like manner remove the name of any animal or bird from the said schedule, and any such proclamation shall have effect as fully as if the addition or removal therein referred to had been expressed in the Third Schedule to this Act: Provided also that any proclamation whereby the names of other animals or birds are added to the Third Schedule may be restricted in its operation to any portion of the State to be defined by the proclamation. "Vermin fence" means— (a) a substantial fence such as is described in Part 5. For the purposes of this Act (a) a fence shall be taken to be on the boundary of any land, or on the common boundary of any lands, if it follows the line which is such actual, reputed, or accepted boundary, or where the boundary is inaccessible or incapable of being fenced, if the fence follows such boundary as nearly as practicable. having regard to the physical features of the country, or if in any case such fence follows any line which is reasonably approximate to such boundary: and (b) the intervention of a road or watercourse shall not prevent lands being taken to be adjoining, or prevent a fence along either side of any such road or watercourse being taken to be on the common boundary of the lands on either side of such road or watercourse. 6. The council of any municipality, the board of any road district, and the trustees of any public reserve shall be deemed to be the owners of all lands vested in them or placed under their control. 7. The powers conferred by this Act on the Minister may be exercised throughout the State, but the powers conferred on a board can only be exercised within its district. PART II.-CENTRAL ADMINISTRATION. 8. This Act shall be administered by the Minister for The Minister. Agriculture, or such other responsible Minister of the Crown as the Governor may from time to time appoint. 9. The Governor may from time to time appoint a chief Officers. inspector, inspectors, and other officers for carrying this Act into effect. funds. 10. All moneys appropriated by Parliament for the pur- Application of poses of this Act may be applied to the following purposes, that is to say (a) for defraying the necessary expenses of the central administration of this Act; (b) for paying to the board of any district the whole or (c) for making advances by way of loan to any board (d) and generally in such manner as the Minister may 11. Any inspector or other officer may hold his office in Inspectors may conjunction with any other office or employment which the hold office with Minister deems not incompatible with his duties under this Act. other offices. 12. Every inspector and officer shall be furnished with a certificate of certificate of his appointment, and shall, if required so to do, appointment, produce such certificate to the owner or occupier of any holding he may enter. delegate powers. 13. The Minister may, in his discretion, delegate to the Minister may chief inspector any of the powers conferred by this Act on the Minister. |