THE MARSUPIAL PROOF FENCING ACTS
6. Preliminaries to provision of wire-netting by the Minister.- Before any wire-netting or other appliances are provided by the
Minister under the powers hereby conferred upon him-
(1) Notice of cost.-The Minister shall cause notice to be given to the owner applying for the same of the amount of the cost thereof delivered at the railway station nearest to the holding ; and
(2) Execution of mortgage or charge.-The owner shall (and notwithstanding anything in any other Act to the contrary contained he is hereby empowered to) execute in favour of the Minister-
(a) In the case of a holding which consists of lands held m fee-simple such mortgage thereof; and
ss. 6-8.
Marsupials. [Vol. VI ..
(b) In the case of any other holding such charge thereon as hereinafter provided.
By Order in Council published in a Gazette of January 29, 1910, the follow- ing Land Agents' District~ were constituted infested Areas: Banana, Bunda berg,.
Clermont, Gayndah, Gladstone, Mackay, St. Lawrence and Taroom. By Order in Council published in a Gazette of November 3, 1923, the following Land Agents' Districts were constituted Infested Areas: Barcaldine, Blackall, Boulia, Charleville, Charters Towers, Oloncurry, Hughenden, Isisford, Jundah, Longreach,.
St. George, Surat, Tambo, Thargomindah, Windorah, Winton.
7. Power for Minister to authorise owner to obtain wire-netting- on his own account and to defray cost thereof.-Instead of providing wire-netting or other appliances to the o\vner of a holding in pursuance of any such application as aforesaid, the Minister may authorise such owner to obtain such wire-netting or other appliances on his own account,.
and may repay the cost thereof to such owner out of any moneys appro- :vriated by Parliament for the purpose of providing wire-netting or other appliances under the provisions of this Act:
Provided that the wire-netting or other appliances so to be obtained by suclt owner shall he of sud1 nature and quality as may be prescribed or as the Minister may require, and the sum to be paid by the Minister in respect of the cost thereof shall not exceed the amount fixed by the l\1 iniste r.
And provided further that before any amount is paid by the Minister the owner shall execute such mortgage or charge as hereinbefore provided to secure the repayment of such amount.
See The Marsupial Proof Fencing Regulations of 1924.
8. Nature of mortgage or charge.-(1.) Every mortgage and every charge executed under the provisions of this Act shall secure the repayment to the Minister, on behalf of Her Majesty, of the amount of the cost of the wire-netting or other appliances defrayed by the Minister, together with interest thereon at the rate of five pounds per centum per annum, in twenty equal annual instalments, by payment to the l\.finister of the annual payment required to liquidate such amount and interest within a period of twenty years, according to the scale prescribed by the Second Schedule to ''The Local W arks Loa1u; Act of 1880'' with reference to a loan repayable within that period.
(2.) Subject to the provisions of this Act such annual payment shall be payable on the same day in every year during the subsistence of the security, and the first of such payments shall be made at the expiration of one year from the date of the execution of the mortgage or charge.
(3.) Every such mortgage shall embody the same terms and conditions, so far as they are applicable thereto, as are required or imposed in the case of land mortgaged under "The Local Works Loans Act of 1880''; and
(4.) Every such charge shall contain a covenant by the owner executing the same, on behalf of himself and his successors in title, that in the event of such owner or any of his successors in title becoming entitled to a deed of grant of the holding in fee-simple at any time before the redemption of such charge, he will execute such a mortgage of the fee-simple of the holding as hereinbefore provided to secure
Marsupial Proof Fencing Act of
1898. ss. 8-11.repayment to the Minister of the amounts secured by the said charge or such of them as for the time being remain unpaid. And so long as any moneys remain owing on the security of such charge no such person shall be entitled to any such deed of grant as aforesaid until such mortgage has been duly executed.
This section is superseded with respect to mortgages and charges executed after the passing of The Marsupial Proof Fencing Act Amendment Act of 1913, post, by s. 3 of that Act.
For The Local Works Loans Act of 1880, see the title LocAL AuTHORITIES.
'l'he scale in the Second Schedule to that Act was replaced by the Third Schedule of The Local Works Loans Act Amendment Act of 1899, title LocAL AuTHORITIES.
9. Registration of mortgages.-Every mortgage or charge executed under the provisions of this Act shall be in duplicate, and the -original thereof shall be registered and recorded in the case of a mortgage in the proper office of the Registrar of Titles, and in the case of a charge in the Department of Public Lands; and the production of such mortgage or charge, certified by the Minister or any person authorised by him, shall be sufficient authority for the registration thereof:
Provided that upon payment of all moneys owing upon the security thereof, the Minister shall give to the owner of the holding a certificate stating that the mortgage or charge is redeemed, and upon production of such certificate an entry shall be made in the register book in which the mortgage or charge is recorded, noting that the same has been redeemed, and the mortgage or charge shall be cancelled, and thereupon the estate or interest thereby mortgaged or charged shall cease to be subject to such mortgage or charge.
And provided further that no stamp duty or fees shall be payable upon the execution, registration, or cancellation of any such mortgage or charge, any statute or regulation to the contrary notwithstanding.
See also The State Securities Registration Act of 1925, title CROWN.
10. Priority of mortgage or charge.•-If any holding intended to be mortgaged or charged under the provisions of this Act is subject to any existing mortgage or encumbrance, and the existing mortgagee or encumbrancee shall, by writing indorsed on the instrument evidencing the same, consent to such intended mortgage or charge taking priority over such existing mortgage or encumbrance, such intended mortgage or charge shall, when executed, and without any release or re-execution of the existing mortgage or encumbrance, take priority over the same, and particulars of such priority shall be noted in the register-book.
See The Marsupial Proof Fencing Regulations of 1924, reg. 4.
11. Conse.quences of default in payment of annual payments.- (1.) If the owner of a holding, which is held in fee-simple, makes default in respect of any annual payment secured by any mortgage thereof executed under the provisions of this Act, interest shall be charged on such annual payment at the rate of five pounds per centum per annum from the date appointed for the payment thereof until the same is paid, and such interest shall be added to and shall be deemed to form part of such annual payment ; and
ss.ll-13.
M
ars~tpials.[Vol. VI ..
(2.) If the owner of a holding, which is held under license or lease from the Crown, makes default in respect of any annual payment secured by any charge thereon executed under the provisions of this.
Act, the license or lease shall be forfeited. But the forfeiture may be defeated by payment of such annual payment within ninety days from the elate appointed for the payment thereof, with the addition of interest thereon by way of penalty, calculated at the rate of :five pounds per centum per annum. But unless the whole of such annual payment, together with such interest, is paid within ninety days from the appointed day, the holding shall be absolutely forfeited:
Provided that, notwithstanding such forfeiture, the Minister may waive the same and reinstate the owner upon payment of the annual payment due at the elate of the forfeiture and the accrued interest.
12. Maintenance of wire-netting in respect of which mortgage or charge is executed.-lf it shall appear to the Minister that the owner for the time being, bound to make annual payments in respect of any mortgage or charge executed under the provisions of this Act, has.
neglected to maintain the wire-netting or other appliances in respect of whieh the mortgage or charge was executed, or any part thereof, the Minister may cause notice to be given to such owner to execute the works necessary to maintain the same, and if such works shall not be executed forthwith to the satisfaction of the Minister, he may cause such works to be executed by a person appointed by him, and shall cause notice to be given to such owner that such work:;; have been so executed, and of the amount of the costs and expenses thereof, and thereupon the amount of such costs and expenses shall be repaid by such owner to the Minister, and shall be added to and form part of the amounts secured by such mortgage or charge, and in default of payment of the amount of such costs and expenses within one month from the date of such last-mentioned notice, the like consequences shall ensue as in the case of default in payment of an annual payment secured by such mortgage or charge.
A certificate in writing signed by the Minister of the amount appearing to be clue for such costs and expenses shall be prima facie·
e·vidence that the amount stated in such certificate is actually due.
For consequences of default in annual payments, see s. 11, ante.
13. Provision in case of compensation becoming payable under·
any other Act.-When under any Act compensation would but for the passing of this Act be payable to the owner of a holding for wire-netting or other appliances in respect of which a charge has been executed under the provisions of this Act as for an improvement, no such compensation shall be payable to such owner unless such charge has been :first redeemed. But the amount paid in respect of such compensation shall be applied in or towards repayment to the Minister of any moneys due or to become due to the Minister in respect of such charge, and in the·
case of the repayment thereout of any moneys not actually due and payable to the Minister the owner shall be entitled to a proportionate rebate of interest to be adjusted by the Minister.
As to compensation for improvements, see The Land Act of 1910, ss. 1551. 123, 124 (title LAND) and The Agricultural Holdings Act of 1905 (title L.A..'WLORD AND TENANT).
Marsupial Proof Fencing Act of
1898. ss.14-17.[14. Rep. by The Land Acts Amendment Act of 1930, s. 33, title LAND.]
15. Service of notice.-In any case where notice is required to be given to the owner of a holding, such notice may be served upon such owner either by delivering the same to him personally or to his agent, or by leaving the same at his usual or last known place of abode, or by posting the same in a registered letter addressed to him at his usual or last known place of abode.
16. Penalty for misuse of wire-netting provided or obtained at cost of the Government.-If any person wilfully uses any wire-netting or other appliances in respect of which a mortgage or charge has been executed under the provisions of this Act for any purpose other than that for which it was provided or authorised to be obtained, he shall be guilty of an offence against this Act, and on conviction shall be liable to a penalty not exceeding fifty pounds, to be recovered in a summary way before any two justices, or to be imprisoned for any term not exceeding six months.
17. Regulations.-The Governor may make regulations and prescribe forms for the purpose of giving effect to the provisions of this Act.
The Marsupial Proof Fencing RegulationR of Hl~.f were mnde on March 5, 1925 and published in a Gazette of the same date.
THE MARSUPIAL PROOF FENCING ACT AMENDMENT ACT OF 1913.
(4 Geo. V. No. 15.)
.AS .AMENDED BY
The Grazing Districts Improvement Act of 1930 (21 Geo. V. No. 44).
An Act to Ame11d ''The Marsupia~ Proof Fencing Act of 1898" by:
Enl.m·ging the Definition of Mars-upials so as to include Dingoes, and by Extending the Provisiom of the said Act to all Lands held from the Crown, and by Altering the Term of Loa;ns for Wire Netting amd AppLiances.
[Assented to 14th November, 1913.]
1. Short title and construction of Act.-This Act may be cited as
"The Marsupial Proof Fencing Act Am,endment Act of 1913," and shall be read as one with" The Mat·supial Proof Fencing Act of 1898," herein referred to as the Principal Act. rrhat Act and this Act may together be cited as ''The .Marsnpial Proof Fencing Acts, 1898 to 1913.''
[2. This section amended s. 2 of the Principal Act, ante.]
ss. 3, 4.
Marsupials. [Vol. VI.
3. Alteration of term of loan.-From and after the date of the