60 

 Clause 38. 



Rabbit -proof fences on lands within a group. 



38. The provisions of the last preceding section shall apply in cases where it is intended 

 to include the lands held under occupation license or annual lease within a group. 



Mr. VARCOE (Hillston) proposed, "That this clause bo passed as printed." 



Mr. CAMERON (Iranhoe) seconded the proposition. 



The CHAIRMAN then put the question, and it was carried. 



Mr. WILKES (Broken Hill) then moved the adjournment of the Conference, as the nest matter to 

 be dealt with was a very important one. They had only ten minutes left, and they could not discuss this 

 very important clause in that time. 



The CHAIRMAN, in adjourning the Conference, said he would like the members to carefully prepare 

 any amendments they might have. They had plenty of time between this and Monday to go through the 

 Bill thoroughly, lie had to wait five and ten minutes sometimes before a gentleman would get up and 

 propose an amendment. He hoped that on Monday they would all come prepared to get through the 

 business quickly. 



The Conference was then adjourned until 10 a.m. on Monday. 



SIXTH DAY 15th MARCH, 1897. 



Mr. Allen Lakeman (Hay) took the Chair at 10 a.m. 



The minutes of the previous meeting were read and confirmed. 



Clause 39. 



Contributions towards cost of private rabbit-proof fences. 



39. "Where a boundary, or any part Ihereof, of any holding is fenced with a rabbit-proof 

 fence, or a fence on such boundary, or part thereof, has been made rabbit-proof at the expense 

 of the owner of such holding, a contribution towards the cost of the work shall be payable by 

 the owner of any outside holding or lands adjoining the rabbit-proof fence. 



The right to receive such contribution shall vest, and the liability to pay the same shall 

 arise, when the then owner of such first-mentioned holding gives to the then owner of such last- 

 mentioned holding or lands the prescribed notice of demand ; and from and after the date when 

 such notice is given, the amount of the contribution, or so much thereof as may for the time 

 being be unpaid, shall, until payment, be and remain a charge upon the holding or lands in 

 respect of which such contribution is payable. 



The following provisions as to contributions shall apply : 

 (i) A contribution shall be payable only in respect of so much of the rabbit-proof fence as 



forms a common boundary fence. 



(TI) The amount of the contribution shall in every case be assessed according to the benefit 

 derived, and to be derived, from the rabbit-proof fence, and shall in no case exceed half 

 the value of the rabbit-proof fence, or in the case of a fence which does not belong or 

 wholly belong to the owner who makes the same rabbit-proof, such contribution shall 

 not exceed half the value of the work of making such fence rabbit-proof; and such 

 value shall be the value regarded as at the date when the aforesaid notice of demand 

 is given, and as determined by the Local Land Board. 



(in) A contribution shall not be payable in any case where the Local Land Board is of 

 opinion that the rabbit-proof fence has been erected, or the fence has been made rabbit- 

 proof otherwise than bond fide for the purpose of excluding or destroying rabbits, or 

 unless and until in the opinion of the Local Land Board the holding or lands from the 

 owner whereof the contribution is demanded derives a benefit therefrom. 



(iv) Nothing in the Crown Lands Acts or in the Act ninth George the Fourth number twelve 



shall relieve any owner from the liability to pay a contribution under this Act. 

 (v) It shall be immaterial whether the rabbit-proof fence was erected or the fence was made 

 rabbit-proof before or after the passing of the Eabbit Act of 1890, or before or after 

 the passing of this Act. 



Mr. FREEMAN said, in sub-section (2) it said that " the amount of contribution should in 

 every case be assessed according to the 'benefit to be derived from the rabbit-proof fence." It seemed 

 to him that it would be a very hard matter to gauge what benefits would be derived from this rabbit-proof 

 fence. 



Mr. FLANAGAN (Gunbar) thought this provision dangerous. A fence might have been made 

 rabbit-proof, but might have got into a bad state and so not be rabbit-proof, and as the Bill now stood 

 there would be a danger that people who owned rabbit-proof fences which were not really rabbit-proof 

 would be enabled to receive payment for their fences. Therefore he would wish to insert some words 

 after these lines that would give the power to the Board to say whether they were rabbit-proof or not. 



The CHAIRMAN said that to his mind the clause waa explicit. They had already defined a rabbit- 

 proof fence, and if it were not up to requirements the contribution could not be enforced. 



Mr. FREEMAN moved, " That the whole of line 49 and line 50 down to the word ' shall ' should 

 be struck out and the words ' in every case,' in line 48, should also be struck out." 



Mr. A. BROWN (Narrabri) seconded the motion. 



Mr. ALISOS (Canonbar) said he must oppose these words being struck out. He thought they 

 were the most useful words they could have. In very many cases the benefit which was derived from the 

 erection of a rabbit-proof fence was almost nil, and vet the one who derived no benefit from it had to pay. 



That * 



