PART VI--CONTROL AND REGULATION OF OCCUPATIONAL SCALPERS
44. Partial exemption from rate. The owner of any holding which by itself or with other holdings is entirely enclosed with netting fences which
are proof against the passage of dingoes, and/or any other class or classes of vermin, may before the thirtieth day of June in any calendar year apply to the Co-ordinating Board for a certificate that his holding is effectively so protected.
If the Co-ordinating Board is satisfied that the netting fences forming the enclosure constitute an effective barrier to any class or classes of vermin the Co-ordinating Board may issue a certificate accordingly to the owner of the holding.
On the issue of such certificate the owner shall be entitled to a reduction in rate of not less than ten per centum nor more than twenty-five per centum according as may be specified in the certificate, and notwithstanding anything in this Act contained, the amount of such rate payable shall be reduced accordingly:
Provided that no reduction in rate shall be allowed to any owner whose holding is situated within a netting enclosure unless he satisfies the Co-ordinating Board that he has contributed towards the erection of the netting fence forming such enclosure and to the maintenance thereof.
In fixing the percentage of the reduction the Co-ordinating Board shall have regard to the type of fence forming the enclosure and in particular as to whether it constitutes an effective barrier to dingoes.
As amended by Act of 1961, 10 Eliz. 2 NO. 2, s. 30; Act of 1967, No. 28, s. 28.
45. (Repealed.)
Repealed by Act of 1961, 10 Eliz. 2 No. 2, 8. 31.
48 5s. 46-54 STOCK ROUTES AND RURAL LANDS PROTECTION ACTS 46. Making and levying of rates authorised under tbis Act. Where the Governor in Council authorises and directs funds to be raised either throughout the State or in any Area by a rate, the Local Authority of every Area in which such rate is authorised shall make and levy such rate on all land within its Area which is, pursuant to the provisions of section nine hereof, rateable for the purposes of this Act, and every such Local Authority shall make and levy such rate in the manner prescribed by, and thereupon such rate shall be deemed to be a rate duly made and levied under the Local Government Acts and all of the applicable provisions thereof shall apply and extend accordingly.
47. (Repealed.)
Repealed by Act of 1961, 10 Eliz. 2 No. 2, s. 32.
48. (Repealed.)
Repealed by Act of 1967, No. 28, s. 29.
PART =-GENERAL
49. Dividing Fences Act not to apply. "The Dividing Fences Act of 1953" does not apply to fences erected under or in pursuance of this Act.
Substituted by Act of 1961, 10 Eliz. 2, No. 2, s. 34.
Act referred to:
Dividing Fences Act of 1953.
50. (Repealed.)
Repealed by Act of 1967, No. 28, s. 30.
51. Power to declare vermin. The Governor in Council may by Order in Council declare anv animal or bird to be vermin under this Act either generally or in a par6cular Area or locality prescribed in such Order in Council.
52. Obstruction of authorised persons. Any person who obstructs, or resists, or hinders any authorised person in the prosecution of his work or in the execution of any power vested in him in pursuance of this Act shall be liable to a penalty not exceeding two hundred dollars.
As amended by Act of 1967, No. 28, s. 31.
53. (Repealed.)
Repealed by Act of 1964, No. 51, s. 4.
54. Recovery of penalties. (1) All penalties incurred for any breach of this Act may be recovered by complaint in a summary way under "The Justices Acts, 1886 to 1942."
(2) Any person who contravenes or fails to comply with any provision of this Act shall, unless for such offence a penalty is expressly provided, be liable to a penalty not exceeding thirty dollars.
( 3 ) Any proceedings for a penalty or for the recovery of any costs, charges, or expenses recoverable under this Act in a summary way may be had and taken by-
(a) The Local Authority concerned; or
STOCK ROUTES AND RURAL LANDS PROTECTION ACTS ss. 5 4 ~ - 5 7 49
(b) The Superintendent or any person or persons authorised from time to time in that behalf by the Minister.
As amended by Act of 1946, 10 Geo. 6 No. 31, s. 19; Act of 1967, No. 28, s. 32.
Act referred to:
Justices Acts, 1886 to 1968.
5 4 ~ . Liabiity of owner with respect to plant or equipment hired to him.
Where any plant or equipment hired out under the authority of this Act to any owner-
(a) Shall not have been returned to the Superintendent, or an inspector, or the Local Authority at the place directed, or within fourteen days after demand for the return thereof made, by the Superintendent or that inspector or Local Authority, as the case may be; or
(b) Shall have been returned to the Superintendent, an inspector or the Local Authority (whether or not by direction or upon demand as aforesaid) in a damaged, broken or otherwise unsatisfactory state or condition (fair wear and tear
excepted),
then, the cost of replacing the plant or equipment not returned by direction or upon demand as aforesaid or, as the case may be, the cost of repairing the plant or equipment returned in the state or condition aforesaid or, if the same is irreparable, of replacing it, shall be recoverable from the owner who failed to duly return as directed or demanded the same or who returned the same in the aforesaid state or condition.
Payment of any cost as aforesaid or any amount thereof may be enforced by the Superintendent or the Local Authority in a summary way by complaint under "The Justices Acts, 1886 to 1949," or by action as for a debt in any court of competent jurisdiction.
Inserted by Act of 1951. 15 Geo. 6 No. 26, s. 17: as amended by Act of 1961, 10 Eliz. 2 No. 2, s. 36.
Act referred to:
Justices Acts, 1886 to 1968.
55. Proof d amount of oosts, charges or expenses. In any proceedings to recover the amount of any costs, charges or expenses recoverable under this Act, a certificate purporting to be signed by the Minister shall be prima facie evidence that costs, charges, and expenses of the amount certified to were actually and lawfully incurred.
56. Description of holding, etc., in notice. The description of any holding inserted in any notice under this Act need not define the land referred to, but shall be sufficient if it makes reference to the land, either by name or boundaries or otherwise, so as to allow of no reasonable
doubt as to what holding or land is referred to.
57. Evidence af published stock lists. Any publication purporting to be a return or supplementary return of horses, cattle and sheep under "The Stock Returns Acts, 1893 to 1942," compiled by the Government Statistician from statutory returns and published by the Government Statistician by whatever means published shall, for the purposes of this Act and for the purposes of all judicial proceedings hereunder, and
50 s. 58 STOCK ROUTES AND RURAL LANDS PROTECTION ACTS without proof that it was compiled from statutory returns, be prima facie evidence of the facts therein reported, and any such publication shall be receivable in evidence in such proceedings accordingly.
Act referred to:
Stock Returns Acts, 1893 to 1942, repealed; see now Stock Acts, 1915 to 1965.
58. ( 1 ) Modes of service. Any writing required or permitted by this Act to be served upon or given to any person or which is to be given to any person in respect of anything done or to be done or omitted to be done under this Act shall be deemed to be properly served or given by-
(a) delivering the same to him in person; or (b) leaving the same at his address for service; or
(c) sending the same by prepaid post letter addressed to him at his address for service; or
(d) where he is absent from Queensland, delivering the same to his agent in Queensland or sending the same by prepaid post letter addressed to his agent in Queensland at such agent's address for service; or
(e) where the writing is a summons, sending the same by registered post addressed to him at his address for service.
Where a summons is served as prescribed by provision (e) of the preceding paragraph the receipt given on behalf of the Postmaster- General for the registered letter in question shall, upon its production in any proceeding, when accompanied by evidence of the contents of such letter, be evidence, and in the absence of evidence to the contrary conclusive evidence, of the proper service of such summons.
(2) Service when name or address unknown. Where the name or address of the owner of a holding upon or to whom such a writing is to be served or given is not known to the person or authority on whose behalf the writing is to be served or given such writing shall be deemed to be properly served or given if-
(a) it is directed to "the owner of-(specifying the holding in question)"; and
(b) it is published at least once in a newspaper circulating within Queensland; and
(c) where such name or address is not known to the person or authority aforesaid by reason of the fact that the registered proprietor or registered owner of the holding in question has, to the knowledge of such person or authority, died, a copy of such writing is given to the Public Curator.
( 3 ) Identity of defendant to action for debt d o w n . Where a person who desires to bring action for a debt claimed to be due and payable under this Act by the owner of a holding does not know the identity of the proposed defendant he may institute such action against the defendant under the designation "the owner of-(specifying the holding in question)" and, upon his showing the court that he has not by the exercise of reasonable diligence been able to discover the identity of the defendant and that documents served in connection with such action have been served as prescribed by subsection (2) of this section, may maintain such action accordingly and the court may make any order against the defendant so designated which it may, by law or practice,
STOCK ROUTES AND RURAL LANDS PROTECTION ACTS 59,60 51 make therein and such an order shall have effect and may, without prejudice to any other mode of enforcement provided by law, be enforced against any person who is the owner of the holding at the time such order is made as if he were named in such order.
(4) Interpretation. (a) A provision of this section which prescribes a mode in which a writing may be sewed or given shall be construed to be in addition to and not in derogation of any other provision of this section, this Act, any other Act, or any rule of law or practice.
(b) In this section the expression "address for service" means any of the following places, namely-
(i) The usual place of abode or of business of the person upon or to whom it is sought to serve or give the writing in question;
(ii) The place last known to the person or authority on whose behalf the writing in question is to be served or given as the place of abode or of business of the person upon or to whom it is sought to serve or give the writing in question;
(iii) Where under law the person upon or to whom it is sought to serve or give the writing in question is required to have a registered office, the address so registered as his office.
Substituted by Act of 1967, No. 28, s. 33.
59. Entry upon land. (1) The Superintendent, any Assistant Super- intendent, any regional inspector, any inspector or any person authorised by the Superintendent or the Local Authority may at any time enter upon any land for the purpose of making an inspection.
(2) The Minister or the Superintendent or, for the purposes of the exercise or discharge of any function, power, or duty conferred upon a Local Authority by this Act, such Local Authority may authorise any person to do upon any land, whether in the occupation of any person or not, any of the following things, that is to say:-
(i) Erect, alter, and/or repair a fence;
(ii) Improve an existing fence, and/or af£ix wire-netting to an existing fence;
(iii) Search for and/or destroy dingoes;
(iv) Search for and/or destroy vermin;
(v) Search for and/or destroy noxious plants.
Any person so authorised may take such means as to him appear expedient for doing any of such things as aforesaid, and for that purpose may enter upon the said land with or without assistants, and, in the exercise of the power conferred by this Act with reference to the destruction of dingoes, or other vermin may without entry upon the said land lay any poison or poison baits thereon by means of an aircraft.
( 3 ) Where this Act prescribes that a person shall not enter upon any land except under the authority of a subsisting permit granted under this Act, nothing in this section shall authorise any person to enter any land for any purpose in respect of which such permit is so prescribed.
Substituted by Act of 1946 (No. 2), 10 Geo. 6 No. 36, s. 2; as amended by Act of 1961, 10 Eliz. 2 No. 2, s. 37; Act of 1967, No. 28, s. 34.
60. Indemnity to persons acting in execution of powers conferred by this