Minister may declare plants to be noxious weeds. Inspectors. Inspector may enter upon land. "Local Authority" means a municipal council or road board: "Locality" means any area of country described as such by the Minister and published in the Government Gazette: "Minister" means the Minister for Lands, and includes the responsible Minister of the Crown acting for the time being as Minister for Lands: Noxious Weeds" means such plants as the Minister, by notice in the Government Gazette, may declare to be noxious weeds, either generally or in any particular locality: "Occupier" means every person in occupation of or found working upon land, and includes the owner of any land which is apparently unoccupied : "Owner" means the person for the time being registered in the office of Land Titles or the Registry of Deeds, or in the Department of Lands or of Mines, as the proprietor, owner, lessee, or licensee of land, and includes any person for the time being entitled to the rent of land, or who would be entitled to the rent if the land were let at a rent. 4. The Minister may, at any time, on the recommendation of the advisory board of the Department of Agriculture, by notice in the Government Gazette, declare any plants to be noxious weeds, either generally or in any particular locality, and may, from time to time, alter or revoke any such declaration. 5. The Governor may from time to time appoint inspectors, with such powers and functions as he deems necessary to carry out the provisions of this Act. 6. An inspector may, at all reasonable times, enter upon any land, whether enclosed or not, for the purpose of ascertaining if any N.Z., 1900, No. 10, noxious weeds are growing thereon. s. 10. Notice to be served on occupier of infested land. See ibid., s. 11. Penalty for neglect to clear after notice. 7. If an inspector finds any noxious weed growing upon any land he may, by notice to the occupier in the form or to the effect of the Schedule hereto, require him to clear the land within' the time specified in the notice, and it shall be the duty of the occupier to do so. Such notice shall indicate, as nearly as practicable, the portion or portions of the land on which the noxious weed is growing. 8. Any occupier who fails or neglects to clear the land in accordance with such notice shall be liable, on the information of an inspector, to a penalty not exceeding fifty pounds. But the justices may suspend any proceedings for the recovery of such penalty for such time not exceeding three months as they may think fit, on being satisfied that the defendant is using reasonable exertions to clear the land. Provided Provided that, if the land is cleared within the time fixed by the justices no penalty shall be inflicted. expense. 9. If the occupier fails or neglects to clear the land in accordance Inspector may clear with such notice as aforesaid, an inspector may enter upon the land, at occupier's with or without assistants, and do the work at the expense in all things of the occupier; but nothing herein contained shall relieve NZ., 1900, No. 10, the occupier from any penalty he may have incurred by reason of his default, failure, or neglect. s. 12. 10. The amount of such expense shall be ascertained and fixed Minister may by a certificate in writing signed by the Minister, and shall be recover expense. recoverable by him from the occupier or, at the option of the Minister, from the owner of the land, with costs, in any court of competent jurisdiction. ex 11. (1.) As between the owner and occupier, the expense of Proportion of clearing the land, under section seven or nine hereof, shall be borne pense to be borne as follows: by owner and occupier. If the occupier, at the time of service of the notice as See ibid., s. 13. If for four years but less than six years, the occupier shall If for two years but less than four years, the occupier shall But if for less than two years, the owner shall bear the (2.) Either party paying more than his proportion may recover the excess from the other by action in any court of competent jurisdiction. (3.) Any owner having only a partial interest or a particular estate in the land, paying a sum beyond what is proportional to such interest, may recover such excess from any other owner or owners, and shall be entitled to a charge on the interest in the land of such other owner or owners for such excess. mortgagee. 12. Any person being a mortgagee in possession of land shall Expenditure by be liable as owner, and may add to his mortgage debt any sum expended or contributed by or recovered from him under this Act. clear lands under its 13. Every local authority shall, out of its general revenue, from Local authority to time to time clear all lands under its control, and if it fails or control. neglects to do so, the Minister may cause the same to be done, and Ibid., s. 18. may recover the expense from the local authority in any court of competent jurisdiction. 14. 14. On a report being made to the Minister by any municipal council or road board, or the advisory board of the Department of Agriculture, that any noxious weed is growing upon any Government railway reserve, stock route, or camping ground, or unoccupied Crown lands within one mile of cultivated land, all such reserves, routes, grounds, or lands shall, from time to time, be cleared by the Minister for Lands and the Commissioner of Railways respectively. 15. Any notice under this Act may be served (1.) By delivering it to the person upon whom the same is to be served personally; (2.) By leaving it for him at his usual or last known place of (3.) By forwarding it by post in a prepaid letter addressed to 16. If any person appearing to be the owner of any land is, or is reasonably believed to be, absent from Western Australia, or cannot after reasonable inquiries be found, any notice or legal process served on the agent of the owner shall be deemed to have been duly served on the owner. 17. (1.) The service of any notice under this Act may be proved by an indorsement on a duplicate thereof, signed by the inspector by whom it was served, setting forth the day, place, and mode of service; or such person may, in any proceedings, depose to the service on oath or affirmation. (2.) The signature to an indorsement of service shall be primâ facie evidence that the indorsement was signed by the person whose signature it purports to be. (3.) Any false statement in an indorsement of service shall render the person making the same liable, on summary conviction, to imprisonment, with or without hard labour, not exceeding six months. 18. Every inspector shall be furnished in writing under the hand of the Minister with a certificate of his appointment, and upon his entering upon any premises for the purposes of this Act he shall, if required, produce such certificate to the owner or occupier. 19. Any person who obstructs or hinders an inspector in the exercise of his duty under this Act shall be liable to a penalty not exceeding fifty pounds. 20. 20. All penalties under this Act shall be recoverable summarily Recovery and approbefore any two justices of the peace in petty sessions, and shall be priation of penalties. paid to the Colonial Treasurer for the public use of the State. 21. In any legal proceedings under this Act- (a.) A certificate purporting to be signed by the Registrar of (c.) A certificate purporting to be signed by an officer of a shall be prima facie evidence that such person is the proprietor, Ibid., s. 20. Proof of ownership. 22. In any legal proceeding under this Act, no proof shall be Simplification of required .) Of any authority to prosecute; or (2.) Of the appointment of any inspector; or (3.) Of the authority of any person to exercise the powers and functions of an inspector; or (4.) Of the signature of the Minister or of any inspector. proof in certain cases. 23. All expenses incurred in the administration of this Act Provisions for shall be paid out of the moneys to be appropriated by Parliament expenses. for the purpose. Ibid., s. 22. 24. The Governor may make regulations for carrying this Act Regulations. into effect. THE SCHEdule. |