PART VI--CONTROL AND REGULATION OF OCCUPATIONAL SCALPERS
61. Crown exonerated from liability for injuries to stock poisoned by destruction of noxious plants. Notwithstanding anything in this Act or
in any other Act contained no action or other remedy shall lie against nor shall any sum by way of compensation, damages, or otherwise be payable by the Crown, or any Local Authority for any loss or injury sustained by any owner or person in possession of any livestock poisoned by eating on any Crown land or any road or land under the control of any Local Authority, any plant, grass or herbage which has been poisoned by the servant, agent or permittee of the Minister or of such Local Authority in the destruction of or endeavour to destroy any noxious plant if the Minister or, as the case may be, such Local Authority has given notice twice in some newspaper and caused public notice of the use of poison to be affixed in a conspicuous manner in all places where the work is being carried out, and has served such notice on each resident occupier of any land abutting on or having frontage to all places where
the work is being carried out.
62. Regulations and Orders in Council. (1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.
In addition to and without in any way limiting the generality of the foregoing provisions, such regulations may provide for the following matters, namely:-
(i) (a) Subject to the laws in force relating to travelling stock, regulating and controlling the use by travelling stock of stock routes and reserves for travelling stock;
STOCK ROUTES AND RURAL LANDS PROTECTION ACTS a62 53
(b) Regulating and controlling the use by stock other than travelling stock of stock routes and reserves for travelling stock;
(c) Regulating and controlling the use by travelling stock or by other stock of water facilities for watering stock and/or other improvements upon or provided in respect of stock routes or reserves for travelling stock;
(ii) For securing the maintenance in good and substantial repair of vermin-proof fences erected under or in pursuance of this
Act or of any Act repealed by this Act;
(iii) With respect to the making, levying, collection, and payment of all rates, rates on travelling stock, and other charges or fees imposed under or in pursuance of this Act;
(iv) Prescribing fees and charges under or for the purposes of this Act, including fees or charges payable for or in respect of the actual use of facilities for watering stock and/or other improvements on or provided in respect of stock routes or reserves for travelling stock and fees or charges payable for or in respect of the use by stock (other than travelling stock) of stock routes and reserves for travelling stock, and for controlling and regulating the collection and payment of such fees and charges;
(v) Prescribing and defining the manner of doing or performing any act or thing within the jurisdiction of the Minister or the Superintendent or a Local Authority under this Act and the time when or within which it shall be done or performed.
(2) May be made on pawing of Act. Regulations may be made on the passing of this Act.
( 3 ) Such regulations may be of general application or may apply to such Area or Areas only as shall be prescribed in such Regulations.
( 3 ~ ) A regulation shall take effect from the date of its publication in the Gazette unless a later date is specified in that regulation for its commencement when, in such event, it shall take effect from that later date.
A regulation made prior to the passing of "The Stock Routes and Rural Lands Protection Acts Amendment Act of 1967" shall be deemed to have taken effect in accordance with this subsection.
(4) May fix penalty. The regulations may fix a penalty not exceeding in any case two hundred dollars for any breach thereof.
(5) G e m d powers. In addition to and without in any way limiting the powers of the Governor in Council, the Governor in Council may from time to time by Order in Council issue such orders and give such directions and prescribe such rules as are necessary to give full effect to the objects, purposes and provisions of this Act.
(6) The Governor in Council may amend or rescind any Order in Council by a subsequent Order in Council.
(7) No misnomer or inaccurate description or omission in or from any Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject-matter, provided the same is designated so as to be understood.
54 n 63 STOCK ROUTES AND RURAL LANDS PROTECTION ACTS
( 8 ) Proclmations, Orders in Council, etc., to form part d this Act.
All Proclamations, Orders in Council, and Regulations made or purporting to have been made under this Act shall be published in the Gazette and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed and shall not be questioned in any proceedings whatsoever.
The publication in the Gazette of any Proclamation, Order in Council, or Regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Proclamation, Order in Council, or Regulation.
( 9 ) To be laid before Parliaaent. All Proclamations, Orders in Council, and Regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session;
or if not, then within fourteen days after the commencement of the next session.
If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or Regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or Regulation has been laid before it, such Proclamation, Order in Council, or Regulation shall thereupon cease to have effect but without prejudice to the validity of anything done in the meantime.
For the purposes of this subsection the term "sitting days" shall mean days on which the House actually sits for the despatch of business.
As amended by Act of 1946, 20 Geo. 6 No. 31, s. 22; Act of 1961, 10 Eliz.
2 No. 2, s. 38; Act of 1967, No. 28, s. 36.
Act referred to:
Stock Routes and Rural Lands Protection Acts Amendment Act of 1967.
63. Registration of domestic dogs. ( 1 ) The Governor in Council may, on the recommendation of the Co-ordinating Board, by Order in Council declare that every dog (not being a dingo within the meaning of this Act) kept in or introduced into any Area prescribed in such Order in Council shall be registered with the Local Authority for such Area.
(2) Annual registration fee. The Local Authority shall charge such annual registration fee, not being less than one dollar per head, as may be determined by the Co-ordinating Board.
( 3 ) Registration disc to be supplied. The Local Authority shall supply, for every dog so registered, to the owner of such dog a disc with some distinguishing mark or lettering to show that such dog is registered by such Local Authority, the cost of which disc shall be borne by the owner.
(4) Renewal disc to be supplied. On payment of the annual registration fee for every year other than the first year there shall be supplied to the owner of the dog a disc (the cost of which shall be borne by the owner) showing the year of issue.
(5) Unregistered dogs may be destroyed. Every dog not registered in accordance with this section or for which the annual registration fee has not been paid may be destroyed by any officer of the Department of Public Lands, any officer of the Local Authority, or by any member of the Police Force of Queensland without any compensation to the owner of the dog.
STOCK ROUTES AND RURAL LANDS PROTECTION ACTS s4.64,65 55 ( 6 ) The section shall not apply in any Area in which the by-laws of the Local Authority provide for the compulsory registration of dogs.
As amended by Act of 1967, No. 28, s. 37.
64. Destruction of straying dogs. ( 1 ) Any- ( a ) Member of the Police Force;
(b) Officer of the Department of Public Lands;
(c) Officer of a Local Authority in the Area or part of the Area whereof this section is in force;
( d ) Owner or agent of the owner of any holding wholly or partly within any Area or any part of an Area in which this section is in force; or
(e) Person in charge of travelling stock in any Area or any part of an Area in which this Act is in force,
who at any time finds at large on a holding, stock route, part of a stock route or reserve for travelling stock any dog, whether registered or not, which is not then in the immediate custody, protection or control of some person, may, and is hereby authorised to, kill or destroy (and for the purpose of so doing seize) such dog then and there.
(2) To the extent necessary to give operation and effect to this section the provisions of section sixty-three of this Act and every other Act or law shall be read and construed subject to this section.
( 3 ) This section shall be in force in such Areas or parts of Areas as are from time to time specified by the Governor in Council by Order in Council.
The Governor in Council may by a further Order in Council revoke any such Order in Council and thereupon this section shall cease to be in force in the Areas or parts of Areas specified in the revoked Order in Council, but without prejudice to the power of the Governor in Council to again bring this section into force in such Areas or parts of Areas.
Slnbstituted hy Act of 1961, 10 Eliz. 2 No. 2, s. 39.
65. Report to Parliament. A report on the operations of this Act shall