Rabbit. 



such holding or land, and shall have free right of ingress, egress, and 

 regress into, over, and across such holding or land for such period 

 as may, in his opinion, be necessary for destroying such rabbits : 

 Provided that in any case in which a Municipal Council is such owner 

 or occupier, the Council Clerk shall be the person to be summoned on 

 behalf of such Council, and provided also that 



(a) poison shall not be used without notice being given to the 

 occupier of the holding or land of the intention to use the 

 same ; and nothing shall be done in contravention of the 

 Animals Infections Diesases Act of 1888 ; and that 

 (b} the authorised person may at any time withdraw from the 

 holding or land upon payment of the costs, charges, and 

 expenses incurred by him up to the date of such withdrawal ; 

 and that 



(c) nothing contained in this section shall prejudice any proceed- 

 ings taken under the provisions hereinafter contained for the 

 recovery of any penalty which may have been incurred by 

 an owner or occupier. 



25. All costs, charges, and expenses incurred by a Kabbit Board Owner or occupier 

 in destroying rabbits upon any holding or land under the foregoing 

 provisions shall be repaid by the owner or occupier of such holding 



or land, and until the payment thereof shall be and remain a charge 

 upon such holding or land, and shall have priority over all mortgages 

 or other charges whatsoever upon such holding or land, other than 

 debts due to the Crown. In the case of land within a Borough or 

 Municipal District such costs, charges, and expenses shall, until pay- 

 ment, be and remain a charge on the revenues of such Borough or 

 District. 



26. It shall be the duty of the Minister to suppress and Minister to destroy 

 destroy all rabbits which may from time to time be in or upon public j^ "" pubU 

 lands, but in any case where moneys have been made available by 

 Parliament for the purpose of rabbit destruction, such duty shall not 



be taken to have commenced until after the expiration of months 



from the day when such moneys so became available. The Minister 

 may authorise the Rabbit Board to expend such moneys or any portion 

 thereof for the purpose of rabbit destruction on public lands, or may 

 apportion a proportion thereof for expenditure in the erection or 

 repair of barrier-fences, or may make such other arrangements for its 

 expenditure for either or both of such purposes as he may deem 

 necessary or expedient in the public interest. 



27. The fact that Parliament has not appropriated moneys for Liability of Minister 

 the purpose of suppressing or destroying rabbits in any Rabbit under tbl8 Act> 

 District, or that moneys are not available for that purpose, shall not 



exonerate the Minister from liability under this Act as an owner of 

 public lands in any case in which a private owner would be liable in 

 respect of private land : Provided that any claim for costs, charges, 

 or expenses lawfully incurred by a Rabbit Board in the destruction or 

 suppression of rabbits upon public lands shall be enforceable by such 

 Board against the Minister as nominal defendant pursuant to the 

 provisions of the " Claims against the Colonial Government Act," 

 and any Act amending the same. And a Court of Petty Sessions 

 shall be deemed to be a "competent court" within the meaning of 

 the Act thirty-ninth Victoria number thirty-eight : Provided always 

 that it shall be lawful for the Minister in any case to apply to the 

 Land Appeal Court for an order of such Court staying any proceedings 

 taken against him under this section; and such Court may grant such 

 order if satisfied on the evidence before it that 



() The Minister has taken, or is about to take, immediate steps 

 for the purpose of suppressing or destroying rabbits on the 

 public lands in question. (b} 



