34 



Clause 16 read and passed — 



" 16. (1) No person acting under the direction or order of the Minister 

 6r of a court of petty sessions in the execution of this Act shall be deemed 

 to be a trespasser by reason of any entry or removal or destruction under 

 this Act, or be liable for any damage occasioned in carrying out the pro- 

 visions of tliis Act unless the same was occasioned by such person wilfully 

 and without necessity. 



" (2) No person shall be entitled to receive any compensation whatsoever 

 in consequence of any measures taken for the eradication of any disease or 

 the destruction of the insect causing the same or the destruction of any 

 insect or fungus or prohibited or diseased trees plants or vegetables, or 

 in respect of any loss or iniur3',that may result to him therefrom either 

 directly or indirectly." 



Mr. Smith presumed that in the regulations the locality would 

 be studied. Locally each board would have certain discretion ; 

 and that, practically, would be carried out in the regulations. 



The Chairman. — Certainly. 



Mr. Ckaike said there was an important matter as to the com- 

 position of the boards. While in newly-planted districts in the 

 Groulburn Valley under the bonus system they were safe from any 

 undue outlay as to eradicating disease, there were also old orchards 

 which might be ruined by having to take steps to eradicate the 

 disease. He thoi%ht a small tax should be levied on the whole 

 of the orchard property of the colony, in order to assist those who 

 could not afford to purchase the necessary materials to clean their 

 orchards. He knew of diseased orchards in the Geelong district 

 to which this would apply. He thought that help might come in 

 the shape of a reduction in the price of materials that needed to 

 be used for the destruction of insects. 



The Chairman said that if a man^s orchard was diseased the 

 sooner be got rid of the disease or eradicated the trees the better. 

 If Mr. Craike meant that a man should be paid compensation 

 merely because action was taken under the Act for the purpose 

 of compelling him to protect himself, he (the Chairman) did not 

 think Parliament would indorse any proposal of that sort. Of 

 course there had been compensation paid at Geelong, but under 

 different circumstances, and outside any provisions in the present 

 Bill. In that case it was that one man^s vineyard was infested, 

 but at the same time the adjoining one, which was not infested 

 at all, was eradicated. If they were to eradicate a vineyard or 

 orchard not diseased the State, of course, should compensate; but 

 this pm dealt only with the man whose orchard was actually 

 diseased. He thanked the delegates for adopting the Bill. He 

 believed their action would insure its passage through the House 

 next session. The only alteration they had made was putting in 

 a httle more emphasis as to the creation of the boards. Mr. 

 Martin and he had intended that some such board should be 

 formed, and the proposal would, no doubt, be adopted. 



