Part 1Preliminary
1Name of
Act
This Act is the Rural Lands
Protection Act 1998.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Definitions
Expressions used in this Act that are defined in
the Dictionary have the meanings set out in the Dictionary.
Note—
Expressions used in this Act (or in a particular
provision of this Act) that are defined in the Interpretation
Act 1987 have the meanings set out in that
Act.
4Notes
Notes included in this Act do not form part of
this Act.
Part 2Rural lands protection
districts and regions
5Rural lands protection
districts
(1)
The Governor may, by proclamation, constitute
rural lands protection districts having boundaries and names determined by the
Governor.
(2)
The Governor may, by proclamation:
(a)
alter the boundaries of any district,
or
(b)
dissolve the whole or any part of a district,
or
(c)
amalgamate part or all of one district with part
or all of one or more other districts to constitute a single district having
the boundaries and name determined by the Governor, or
(d)
alter the name of any
district.
(3)
The Governor may, by proclamation, vest any
property, and assign any rights and obligations, of a board for a district
referred to in subsection (2) (a), (b) or (c) in another board or
boards.
(4)
A proclamation under this section takes effect on
the day it is published in the Gazette or on a later day specified in the
proclamation.
6Division of
districts
(1)
The Minister must, by order published in the
Gazette, divide each district that is not exempt from this section into as
many divisions (and having such boundaries) as the Minister considers
appropriate.
(2)
An order under this section takes effect on the
day it is published in the Gazette or on a later day specified in the
order.
Note—
The Minister may amend or repeal an order made
under this section. See section 43 of the Interpretation
Act 1987.
7Exemptions from division of
districts
The Minister may, by order published in the
Gazette, exempt a district in the Western Division from the operation of
section 6 if requested to do so by the board for the
district.
8When is a holding within a
district?
(1)
For the purposes of this Act:
(a)
a holding located partly in 2 or more districts
is to be regarded as being wholly within the district in which the greater
part lies, and
(b)
a holding located partly in 2 or more divisions
is to be regarded as being wholly within the division in which the greater
part lies.
(2)
For the purposes of this section, if the parts of
a holding are equal in size, the part on which the principal residence (if
any) is located is to be regarded as being the greater part. If there is no
principal residence any dispute as to which part of such a holding is to be
treated as the greater part is to be decided by the
Minister.
9Rural lands protection
regions
The Minister may, by order published in the
Gazette, declare that land within 2 or more districts is a rural lands
protection region.
Part 3Functional
responsibilities
10State Council accountable to
Minister
The State Council is, in the exercise of its
functions, subject to the control and direction of the
Minister.
11State Council accountable to
State Conferences for implementation of general policies
(1)
The State Council is responsible for the
implementation by the boards of the general policies for the protection of
rural lands and the operation of boards that are determined from time to time
at State Conferences.
(2)
A board must give the State Council any
information about the operations of the board that the State Council
requests.
12Boards accountable to State
Council
A board is responsible for the operation of the
board in accordance with any guidelines, and specific requests under section
27, of the State Council.
13Memorandum of
understanding
(1)
The State Council must enter into a memorandum of
understanding with the Director-General regarding the exercise of any function
relating to animal health, and may enter into such a memorandum of
understanding relating to any other function, conferred or imposed by or under
this Act or by the memorandum of understanding on the Director-General, the
State Council and the boards, respectively.
(2)
Without limiting the matters for which the
memorandum of understanding may make provision, it is to make provision with
respect to indemnification by the State of the State Council and boards and
their members, directors and employees against costs incurred in respect of
such legal proceedings relating to their functions as may be agreed between
the State Council and the Director-General.
(3)
The memorandum of understanding must be entered
into within a reasonable period after the commencement of this
section.
(4)
The memorandum of understanding may be amended or
replaced from time to time.
(5)
The functions of the Director-General, of the
State Council, and of each board, must as far as practicable be exercised in
conformity with the memorandum of understanding. However, a failure to comply
with this subsection does not itself invalidate anything done or omitted to be
done by the Director-General, the State Council or a
board.
Part 4Annual State Conference of
boards
14Annual State Conference of
boards
(1)
A State Conference of boards is to be convened
each year.
(2)
The Minister is to convene the first State
Conference after the commencement of this section in such manner as the
Minister thinks fit.
(3)
The State Council is to convene a State
Conference in each subsequent year.
(4)
The State Council is to give each board at least
42 days’ notice in writing of the time and place at which the State
Conference is to take place.
15Who is to represent boards at
State Conference?
(1)
The Minister is to determine the persons who are
to represent the boards at the first State Conference in such manner as the
Minister thinks fit.
(2)
The persons to represent the boards at subsequent
State Conferences are to be determined, subject to the regulations, in the
manner decided by resolution from time to time at State
Conferences.
16What constitutes a resolution
of State Conference?
A decision supported by a majority of votes at a
State Conference is a resolution of the State
Conference.
17Business of State
Conference
The matters to be determined by resolution at a
State Conference are:
(a)
the general policies to be implemented by boards
for the protection of rural lands on a State and national
basis,
(b)
the primary policies to guide the State Council
in carrying out its functions,
(c)
the budget for the State Council for the
following financial year,
(d)
any specified matter relating to the operation of
boards that is placed on the agenda for the State Conference at the request of
the Minister, the State Council or a board,
(e)
such other matters as may be prescribed by the
regulations.
18Procedure for conduct of
business
The procedure for the conduct of business at a
State Conference is, subject to this Act and the regulations, to be determined
by resolution at the State Conference.
Part 5State
Council
Division 1Constitution of State
Council
19Constitution of State
Council
(1)
There is constituted by this Act a corporation
under the corporate name of State Council of Rural Lands Protection
Boards.
(2)
The State Council does not, for any purpose,
represent the Crown.
20Members of State
Council
The members of the State Council are the persons
who represent each region.
21Who represents a
region?
A person represents the districts comprising a
region if he or she has been elected, in accordance with the regulations, to
represent the region.
22Provisions relating to
constitution and procedure of State Council
(1)
The constitution and procedure of the State
Council are, subject to this Act and the regulations, to be determined by the
State Council.
(2)
Schedule 1 has effect with respect to the
constitution and procedure of the State Council.
23Staff of State
Council
(1)
The State Council may employ such staff
(including a Chief Executive Officer) as it considers necessary for the
exercise of its functions.
(2)
The Public Sector
Management Act 1988 does not apply to the members of staff
of the State Council.
Division 2Functions of State
Council
24Functions of State
Council
(1)
The State Council has such functions as are
conferred or imposed on it by or under this or any other
Act.
(2)
Without limiting subsection (1), the State
Council has the following functions:
(a)
in consultation with the boards, the formulation
and co-ordination of the implementation by boards of general policies for the
protection of rural lands on a State and national basis having regard to any
resolutions at State Conferences,
(b)
the co-ordination and supervision of the
implementation by boards of those policies in districts,
(c)
the provision of advice and assistance about, and
the monitoring of the implementation by boards of, function management
plans,
(d)
consultation with boards about, and entering into
arrangements on behalf of boards for or with respect to, services provided by
boards on behalf of other public authorities,
(e)
engagement in negotiations with public
authorities in relation to the exercise of functions of the boards that affect
those authorities,
(f)
ensuring, as far as practicable, that boards
carry out the accounting obligations imposed on them by or under this or any
other Act,
(g)
determination (except in so far as provision is
otherwise made by law) of the conditions of employment (including wages,
salary or remuneration) of employees of boards,
(h)
the exclusive responsibility for entry into
industrial agreements on behalf of boards,
(i)
production and dissemination of information on
the functions, policies and procedures of boards,
(j)
provision of training for staff and directors of
boards concerning the administration and operation of boards and functions
carried out by the staff and directors,
(k)
carrying out such other functions as may be
imposed on it by the Minister.
25Guidelines
(1)
The State Council may issue to a board guidelines
that are not inconsistent with this Act or any other law in respect of the
exercise of any function of the board.
(2)
Without limiting subsection (1), the State
Council may issue guidelines in respect of the preparation, contents,
submission and adoption of function management plans.
26Delegation
The State Council may delegate any of its
functions (other than this power of delegation) to a board or any other
person.
Division 3Boards to comply with State
Council’s requests
27State Council may request a
board to take specified action
(1)
The State Council may, by notice in writing,
request a board to take action specified in the notice with respect to the
carrying out of any function of the board.
(2)
The State Council may make such a request
if:
(a)
a board fails to comply with any obligation
imposed on it in respect of the function by or under this or any other Act or
the memorandum of understanding, or
(b)
a board fails to exercise a function in
conformity with any relevant guideline or general policy determination made at
a State Conference, or
(c)
a board fails to exercise a function in
conformity with any relevant function management plan, or
(d)
the State Council considers it necessary to make
such a request to ensure that the board complies with such an obligation or
acts in conformity with the guideline, determination or plan in the
future.
(3)
The notice may require the board to comply with
the request within such reasonable period as is specified in the
notice.
28Notice to warn board of
consequence of failure to comply with request
A notice under section 27 is to warn the board
that a failure to comply with the request (or to comply with it within the
period, if any, specified in the notice) may result in action being taken by
the State Council under section 29 or appointment of an administrator under
Part 14, or both.
29Action that may be taken for
failure to comply with request
(1)
The State Council may itself take the action
necessary to carry out a function in accordance with a request it has made to
a board if:
(a)
the board fails to comply with the request within
the period for compliance (if any) specified in the notice,
or
(b)
no period for compliance is specified in the
notice—the board fails to comply with the request within a reasonable
period after the request is made.
(2)
The State Council may take any action necessary
to give effect to a request.
(3)
Any action taken by the State Council to give
effect to a request made to a board is to have effect as if it were taken by
the board.
(4)
The State Council may, by notice given to a
board, require the board to pay to it an amount to reimburse the State Council
within a period specified in the notice for any costs incurred by the State
Council in taking action under this section.
(5)
Any amount that remains unpaid at the end of the
period specified may be recovered by the State Council from the board
concerned as a debt in a court of competent
jurisdiction.
Note—
The State Council may also request the Minister
to appoint an administrator if a board fails to comply with a request. See
Division 2 of Part 14.
Division 4Finance
30State Council’s
fund
(1)
The State Council is to establish and maintain a
fund into which is to be paid all money received by the State Council by or
under this or any other Act.
(2)
Money may, subject to this Act, be paid from the
State Council’s fund for any purpose allowed under this or any other
Act.
31Boards to contribute to State
Council’s fund
(1)
Each board must, within such period and in such
manner as is determined by the State Council, pay a contribution each year to
the State Council for the purpose of paying the salaries of the staff and
other costs and expenses of the State Council.
(2)
The contribution to be made by each board is to
be calculated in the manner determined from time to time by resolution at
State Conferences or, if regulations are made for the purposes of this
subsection, as prescribed by the regulations.
32Investment
The State Council may invest money in its
fund:
(a)
in such manner as may be authorised by the
Public Authorities (Financial Arrangements) Act
1987, or
(b)
if that Act does not confer power on the State
Council to invest the money—in accordance with the Trustee Act 1925 or in any other manner
approved by the Minister with the concurrence of the
Treasurer.
33Financial year of State
Council
The financial year of the State Council is the
year commencing on 1 January.
Note—
A different financial year may be determined by
the Treasurer under section 4 (1A) of the Public Finance
and Audit Act 1983.
34Audit of financial
statements
The State Council must submit the financial
statements relating to its accounts for a financial year and the opinion
furnished by the Auditor-General under section 41C of the Public
Finance and Audit Act 1983 to the Minister within 6 weeks
after the Auditor-General submits them to the State Council.
Maximum penalty: 20 penalty
units.
35Performance audit of State
Council’s activities
(1)
The Minister may request the Auditor-General to
conduct a performance audit of all or any particular activities of the State
Council under Division 2A of Part 3 of the Public Finance
and Audit Act 1983.
(2)
The Auditor-General must conduct such a
performance audit of all or any particular activities of the State Council if
requested to do so by the Minister.
(3)
The cost of conducting a performance audit is
payable by the State Council.
Note—
The Auditor-General may surcharge members and
employees of the State Council for improper expenditure. See Part
15.
s 35: Am 2001 No 90,
Sch 2.3 [1] [3].
Division 5Miscellaneous
36Annual
reports
(1)
A board must prepare a report in accordance with
the guidelines in each year concerning its activities during the previous year
and submit it to the State Council.
(2)
A board that complies with subsection (1) is not
required to make any separate report for the year under the Annual Reports (Statutory Bodies) Act
1984.
(3)
A report for a year under the Annual Reports (Statutory Bodies) Act
1984 in respect of the State Council is to include details
of any report for a board submitted to it for the year under this
section.
Part 6Rural lands protection
boards
Division 1Constitution of rural lands
protection boards
37Board to be constituted for
each district
(1)
A rural lands protection board is constituted by
this Act for each district.
(2)
A board does not, for any purpose, represent the
Crown.
(3)
Schedule 1 has effect with respect to the
constitution and procedure of a board.
38Board is body
corporate
A board is a body corporate.
Note—
Part 8 of the Interpretation
Act 1987 applies to statutory bodies. It contains
provisions stating the general attributes of statutory incorporation (for
example, perpetual succession, the requirement for a seal, the tabling of
proceedings), it provides for judicial notice to be taken of a statutory
corporation’s seal, it creates a presumption of regularity for acts and
proceedings of a statutory corporation and contains other
provisions.
39What is a board’s
corporate name?
(1)
The corporate name of a board is the name of the
district for which the board is constituted, but with the word
“board” substituted for the word
“district”.
(2)
A board for a district is to publish notice of
any alteration of its corporate name in a newspaper circulating generally in
the district.
Note—
The name of a district, and therefore the
corporate name of a board, can be altered under section 5
(2).
40Directors of
boards
(1)
A board is to consist of 8 directors or, if in
relation to a particular board the Minister specifies a different number of
directors under subsection (2)—the number
specified.
(2)
The Minister may, by order published in the
Gazette, direct that a particular board is to consist of the number of
directors specified in the order.
(3)
If a district is divided into divisions, such
number of directors as is specified by the Minister by order published in the
Gazette must be elected or appointed for each division.
(4)
The directors are to be elected or appointed in
accordance with Schedule 2.
41Dissolution of
boards
A board is dissolved if:
(a)
the district for which it is constituted becomes
wholly comprised within another district, or
(b)
all parts of the district for which it is
constituted are wholly distributed among other districts,
or
(c)
the district for which it is constituted is
amalgamated into one or more other districts, or
(d)
the district for which it is constituted is
divided into 2 or more other districts.
Division 2Functions of
boards
42Functions
generally
(1)
A board has the functions conferred or imposed on
it by or under this or any other Act.
(2)
Without limiting subsection (1), a board has the
following functions:
(a)
any function with respect to animal health or the
protection of rural lands referred to in this Act or the regulations that is
not specifically conferred or imposed on another person or
body,
(b)
the administration within its district of drought
or other disaster relief schemes,
(c)
the provision of any service on behalf of or to a
public authority by arrangement with the public authority,
(d)
the doing of anything necessary, or supplemental
or incidental to, the exercise of its functions.
(3)
The Minister may (with the concurrence of the
State Council) delegate to a board any functions of the Minister under the
Stock Diseases Act 1923, the Stock (Chemical Residues) Act 1975 or
any other Act prescribed by the regulations for the purposes of this
section.
43Staff of
boards
(1)
A board may employ such staff as it considers
necessary for the exercise of its functions.
(2)
However, each board (other than a board
established for a district located in the Western Division) must employ a
full-time district veterinarian.
(3)
A person must not be employed as the district
veterinarian for a board’s district unless the person is registered as a
veterinary surgeon under the Veterinary
Surgeons Act 1986.
(4)
The Public Sector
Management Act 1988 does not apply to the staff of a
board.
Division 3Function management
plans
44Boards to prepare draft
function management plans
(1)
A board must prepare a draft function management
plan for its functions in respect of all travelling stock reserves under its
care, control and management within such period as is specified by the State
Council.
(2)
A board must prepare a draft function management
plan for any of its other functions if it is requested to do so by the State
Council.
45Contents of draft plans in
respect of travelling stock reserves
(1)
A draft function management plan for a
board’s functions with respect to travelling stock reserves is to
contain a scheme of management practices to be followed with respect to the
reserves.
(2)
Without limiting any other matters to which
regard may be had in preparing the draft, regard is to be had to the following
objectives:
(a)
the management of travelling stock reserves for
the benefit of travelling stock,
(b)
the adoption of appropriate stocking
practices,
(c)
the conservation of wildlife (including the
conservation of critical habitat and threatened species, populations and
ecological communities and their habitat),
(d)
the protection of the reserves against soil
erosion and diminution of water quality.
46Public exhibition and
consultation requirements for draft plans in respect of travelling stock
reserves
(1)
A board is to give public notice of a draft
function management plan for functions with respect to travelling stock
reserves prepared by it in a newspaper circulating generally in its district
and is to place the draft on public exhibition for a period of not less than
28 days.
(2)
The public notice must also specify a period of
not less than 42 days after the date on which the draft is placed on public
exhibition during which submissions on the draft may be made to the
board.
(3)
The board may (but is not required to) permit a
submission to be made after the day specified for the close of
submissions.
(4)
Any person may request the board to supply the
person with a copy of the draft and may make a submission on the draft to the
board.
(5)
The board may provide a copy of a draft for
taking away (either free of charge or on payment of reasonable charges, as the
board chooses).
47Submission and adoption of
draft plans
(1)
A board is to submit each draft function
management plan that it prepares to the State Council.
(2)
A draft function management plan for functions
with respect to travelling stock reserves may be submitted only after the
board has considered all submissions concerning the draft received before the
day specified for the close of submissions and has made any alterations to the
draft it considers appropriate.
(3)
The State Council is to consult with the
Director-General of National Parks and Wildlife, the Director-General of Land
and Water Conservation, the Director of NSW Fisheries and any other person or
body prescribed by the regulations with respect to any draft function
management plan for functions with respect to travelling stock reserves
submitted to it.
(4)
The State Council may either agree to the
implementation of a draft plan submitted to it without alteration or refer it
back to the board for further consideration.
(5)
If the State Council agrees to the implementation
of a draft function management plan for a function of a board, the draft is
the function management plan for the board for the function
concerned.
48Alteration or revocation of
function management plans
(1)
The State Council may request a board to amend
any of its function management plans or to revoke any such plan and substitute
a new plan.
(2)
Except as provided by subsection (3), this
Division applies to the amendment of a function management plan in the same
way as it applies to the preparation and adoption of a draft function
management plan.
(3)
If the State Council is of the opinion that a
proposed amendment to a function management plan is minor in nature, the State
Council may authorise the board not to comply with sections 46 and 47 in
respect of the amendment.
49Function to be exercised in
accordance with relevant function management plan
(1)
Any function of the board for which there is a
function management plan must as far as practicable be exercised in accordance
with the function management plan.
(2)
The exercise of that function is not invalid
because of a contravention of any such plan. However, this subsection does not
prevent the State Council from exercising its powers under section 27 in
respect of the function.
Division 4Financial
provisions
50Board’s
fund
(1)
A board is to establish and maintain a fund into
which is to be paid all money received by the board by or under this or any
other Act.
(2)
Money may be paid from the board’s fund for
any purpose allowed by or under this or any other Act.
(3)
However:
(a)
money that has been received by imposition of a
special purpose rate may not be used otherwise than for the purpose for which
the rate was levied, and
(b)
money that is subject to the provisions of this
or any other Act (being provisions that state that the money may be used only
for a specific purpose) may be used only for that purpose,
and
(c)
money that has been received from a Government or
a public authority by way of a specific purpose advance or grant may not
(except with the consent of the Government or public authority) be used
otherwise than for that specific purpose, and
(d)
money that is held on trust must be applied for
the purposes of or in accordance with the trusts relating to
it.
(4)
A board is to keep a separate record of money of
the kind referred to in subsection (3).
(5)
Money in the board’s fund may not be held
otherwise than in an account with a bank, building society or credit union or
in an investment in which such money is, by or under this or any other Act,
authorised to be invested.
51Alternative use of money
raised by special purpose rates
Despite section 50 (3), money received by a board
by imposition of a special purpose rate that is surplus to the purpose for
which the rate was imposed may be used by the board for any other purpose
approved by the Minister.
52Investment
A board may invest money in its fund:
(a)
in such manner as may be authorised by the
Public Authorities (Financial Arrangements) Act
1987, or
(b)
if that Act does not confer power on the board to
invest the money—in accordance with the Trustee Act
1925 or in any other manner approved by the Minister with
the concurrence of the Treasurer.
53Financial year of
board
The financial year of a board is the year
commencing on 1 January.
Note—
A different financial year may be determined by
the Treasurer under section 4 (1A) of the Public Finance
and Audit Act 1983.
54Audit of financial
statements
A board must submit the financial statements
relating to its accounts for a financial year and the opinion furnished by the
Auditor-General under section 41C of the Public Finance
and Audit Act 1983 to the Minister within 6 weeks after
the Auditor-General submits them to the board.
Maximum penalty: 20 penalty
units.
55Performance audit of
board’s activities
(1)
The Minister may request the Auditor-General to
conduct a performance audit of all or any particular activities of a board
under Division 2A of Part 3 of the Public Finance
and Audit Act 1983.
(2)
The request may be made on the Minister’s
own initiative or at the request of the State Council.
(3)
The Auditor-General must conduct such a
performance audit of all or any particular activities of a board if requested
to do so by the Minister.
(4)
The Minister is to advise the board and the State
Council of the outcome of the performance audit as soon as practicable after
receiving the Auditor-General’s report on it and is to forward a copy of
the report to the board and the State Council.
(5)
The State Council is to advise the board and the
Minister in writing of the things done or proposed to be done by the State
Council in response to the report as soon as practicable (or within such
period as the Minister directs) after it receives the copy of the
report.
(6)
The cost of conducting a performance audit is
payable by the board concerned.
Note—
The Auditor-General may surcharge directors and
employees of a board for improper expenditure. See Part
15.
s 55: Am 2001 No 90,
Sch 2.3 [2] [3].
Division 5Miscellaneous
56What information is publicly
available?
(1)
In this section:
publicly
available document means any of the following
documents:
(a)
any annual report prepared by the board (or by
the State Council in respect of the board) under this Act or the Annual Reports (Statutory Bodies) Act
1984,
(b)
the financial statements and opinion referred to
in section 54,
(c)
any report on a performance audit under section
55,
(d)
minutes of board meetings (other than minutes for
any meeting or part of a meeting that is closed to the public) and any other
matters that the board resolves should be made public,
(e)
the board’s function management
plans.
(2)
Any person is entitled to inspect the current
version of a publicly available document free of charge.
(3)
Any person is entitled to inspect free of
charge:
(a)
a document that was replaced by a current
publicly available document, and
(b)
if a publicly available document is produced
annually—the corresponding document produced for the previous
year.
(4)
The documents may be inspected at the principal
office of the board during ordinary office hours.
(5)
The board may provide a copy of any document for
taking away (either free of charge or on payment of reasonable charges, as the
board chooses).
(6)
The board may allow inspection of versions of the
documents other than the current and immediately preceding versions if those
other versions are reasonably accessible.
(7)
This section does not prevent the board from
allowing inspection free of charge of any other of its
documents.
(8)
This section does not apply to a document that is
made or produced before the commencement of this
section.
s 56: Am 2001 No 90,
Sch 2.3 [3].
57Fees for
services
A board may charge and recover a reasonable fee
for any service it provides under this or any other Act or the
regulations.
Part 7Rates
Division 1Preliminary
58Definitions
In this Part:
notional
carrying capacity, in relation to land within a district,
means the number of stock that the board for the district has assessed in
accordance with Division 4 could be maintained on the land.
occupier of land means the person
entitled to immediate possession of the land but, if the person so entitled
does not reside on the land, does not include the resident manager or other
person in charge of the land.
59Treatment of certain holdings
as single holdings
A board must, if requested to do so by a person
who is the occupier of 2 or more holdings within its district that are not
contiguous, treat the holdings as a single holding for the purposes of
determining liability to pay a rate under this Part.
Division 2Rates
60What is rateable
land?
For the purposes of this Act, land within a
district is rateable land if it is the whole or any part of a holding that is
within the district and either:
(a)
the land has an area that is not less than the
area prescribed by the regulations in relation to the district for the
purposes of this paragraph, or
(b)
if the regulations provide for land to be
rateable land in any other specified circumstances—those circumstances
exist in respect of the land.
Note—
See section 8 for when a holding is within a
district.
s 60: Subst 2000 No
93, Sch 1.23 [1].
61What are the types of
rate?
(1)
The following types of rate can be made by a
board:
(a)
a general rate,
(b)
an animal health rate,
(c)
special purpose rates.
(2)
An animal health rate may be levied in respect of
rateable land comprising a holding for which an annual return has not been
lodged in accordance with section 76.
62When are rates to be made and
levied?
(1)
A board must make and levy a general rate for
each year on all rateable land in its district.
(2)
A board must make and levy an animal health rate
for each year.
(3)
A board may make and levy one or more special
purpose rates for any year on any land in its district when the board
considers it necessary to do so.
(4)
A rate is to be made in accordance with the
regulations.
(5)
The regulations may:
(a)
specify a minimum amount of any rate that may be
levied in respect of land in a district,
(b)
specify a minimum or maximum amount of any rate
that may be levied in respect of any land in a district having a notional
carrying capacity specified by the regulations,
(c)
specify the purposes for which any special
purpose rate or animal health rate may be levied,
(d)
exempt rateable land on which less than a
specified number of stock are kept from liability for any animal health
rate.
63How is a rate
levied?
(1)
A rate is levied on the land specified in a rate
notice by giving the notice to any occupier of the land liable to pay the
rate.
Note—
Section 240 (Service and giving of notice and
other documents) sets out the ways in which notice may be
given.
(2)
A rate notice is to be in the approved form and
is to specify the amount of each rate levied.
(3)
A rate is due and payable on the day (being a day
not less than 28 days and not more than 42 days after notice of the rate is
given) specified in the notice.
(4)
A board may accept payment of a rate by
instalments or in accordance with an agreement made with the person liable to
pay the rate.
(5)
For the purposes of subsection (1), if there are
2 or more occupiers of land, a rate notice duly given to any one of the
occupiers is taken to have been given to the other occupiers of the
land.
(6)
An occupier (other than the owner) of land who is
given a rate notice must give any owner (other than the Crown) of the land
oral or written advice of the rate levied within 14 days after being given the
rate notice.
Maximum penalty: 10 penalty
units.
Division 3Liability for
rates
64Occupiers are liable to pay
rates
(1)
The occupier of land on which a rate is levied by
a board is liable to pay the rate to the board, except as provided by this
Part.
(2)
If there are 2 or more occupiers of the land,
they are jointly and severally liable to pay the rate. However, as between
themselves they are liable only for that part of the rate that is
proportionate to the occupier’s interest in the
land.
(3)
An occupier who pays to the board more than the
occupier’s proportionate part of the rate may recover the excess by way
of contribution from the other occupier or occupiers.
65Liability of owner (other than
Crown) to pay rates not paid by occupier
(1)
An owner (other than the Crown) of the land in
respect of which any rate is levied by the board is liable for payment to the
board of the whole or any part of the rate that is unpaid 12 months after the
day on which it became due and payable and any interest or any other charges
payable in respect of the rate.
(2)
A board cannot recover any unpaid rate, interest
or charges from an owner under subsection (1) unless it gives the owner 28
days’ notice of the amount of the rate that is unpaid and of any
interest or charges payable in respect of the rate.
(3)
An owner who pays the whole or part of an unpaid
rate or any interest or charges payable in respect of the rate may recover the
amount paid from the occupier who was given the rate
notice.
(4)
Nothing in subsection (2) affects any
occupier’s liability for payment of a rate.
(5)
If there are 2 or more owners of land, they are
jointly and severally liable to pay the unpaid rate. However, as between
themselves they are liable only for that part of the rate that is
proportionate to the owner’s interest in the land.
(6)
An owner who pays to the board more than the
owner’s proportionate part of the unpaid rate may recover the excess by
way of contribution from the other owner or owners.
66Liability when occupier or
owner of land changes
(1)
The liability of a person to pay a rate in
respect of land that is unpaid on the day the person ceases to be the occupier
or owner of the land continues until the day on which notice of the change in
occupancy or ownership is given by the person in accordance with section
81.
(2)
A person who pays any rate levied in respect of
land after the person ceases to occupy or own the land and before the person
gives notice of the change in occupancy or ownership of the land may recover
the amount from any successive occupier or owner of the land who is liable to
pay that rate.
(3)
A person who becomes the occupier of land that is
the subject of a lease, licence or purchase from the Crown is not liable for
any rate levied in respect of the land that is unpaid on the day the person
becomes the occupier of the land.
67Apportionment of
rates
(1)
This section applies to a rate levied in respect
of land for a year if the occupancy or ownership of the land (whether in whole
or in part) is subsequently changed during that year to a different occupier
or owner.
(2)
The rate is payable as between the former and
subsequent occupier or owner of land proportionately to the part of the year
during which the occupier or owner occupied the land and to the part of the
land occupied or owned.
68Recovery of rates paid when
not occupier or owner
An occupier or owner of land who pays to a board
any rate that accrued during the occupancy or ownership of the land by some
other person is entitled to recover from that other person such proportion of
the rate as accrued while that other person was the occupier or owner of the
land.
Division 4Assessment of notional
carrying capacity of land
69Assessment of notional
carrying capacity
(1)
A board must assess the notional carrying
capacity of each holding in its district in accordance with the
regulations.
(2)
The board may assess the notional carrying
capacity of a holding at any time but must assess it within 5 years (or such
other period as may be prescribed by the regulations) of its last
assessment.
(3)
The board is to give any occupier of the holding
notice of its assessment as soon as practicable after it is made (but not
later than on the first occasion following the assessment on which a rate
notice with respect to the land is given).
(4)
For the purposes of subsection (3), if there are
2 or more occupiers of a holding, a notice of assessment duly given to any one
of the occupiers is taken to have been given to the other occupiers of the
holding.
(5)
An occupier (other than the owner) of a holding
who is given a notice of assessment must give each other occupier and each
owner oral or written advice of the assessment within 14 days after being
given the notice of assessment.
Maximum penalty: 10 penalty
units.
70Application for review of
assessment
(1)
An owner or occupier of a holding who is
dissatisfied with a board’s assessment of the notional carrying capacity
of the holding may apply in writing to the board for a review of the
assessment.
(2)
An application for review of an assessment must
be made not later than 28 days after notice of the assessment is given to the
occupier.
(3)
The board may, within 28 days of receipt of an
application for review of an assessment, require the applicant to provide the
board with such additional information as the board may reasonably require to
review the assessment.
(4)
The board is not required to deal with an
application for review of an assessment if the applicant fails to provide
additional information to the board when required to do
so.
71Review of
assessment
(1)
The board is to review the assessment within the
period of 40 days after:
(a)
it receives the application,
or
(b)
if it has required the applicant to provide
additional information, receipt of the information.
(2)
On reviewing an assessment, the board concerned
may:
(a)
confirm the assessment, or
(b)
vary the assessment.
(3)
The board is to give the applicant for review of
the assessment notice of its decision on review of the assessment as soon as
practicable after the review.
(4)
An applicant who is given notice of the
board’s decision on review of an assessment must give each other
occupier or owner of the land oral or written advice of the decision within 14
days after being given notice of it.
Maximum penalty: 10 penalty
units.
(5)
The board is taken (for the purposes only of an
appeal) to have decided to confirm the assessment if the board has not
reviewed the assessment within the period of 40 days after:
(a)
the making of the application for review,
or
(b)
if it has required the applicant to provide
additional information, receipt of the information.
Division 5Appeals against assessment of
notional carrying capacity and rates
72Appeals against
assessment
(1)
If an occupier or owner of a holding is
dissatisfied with the decision of a board on review of an assessment of the
notional carrying capacity of a holding, the occupier or owner may, not later
than 30 days after being given notice of the decision, appeal against the
board’s assessment to the appropriate local land
board.
(2)
An appeal is to be determined on the information
provided or available to the board in making the assessment and any additional
information provided under section 70. However, the local land board may also
take into account any relevant information contained in an annual return under
section 76 that has been duly lodged by the applicant.
73Appeals against
rates
(1)
An occupier or owner of land may appeal against
the validity of any rate levied on land to the appropriate local land
board.
(2)
An appeal may be made on the ground that the land
or part of it is not rateable or is not subject to a particular
rate.
(3)
An appeal is to be lodged within 30 days after
the occupier of the land is given the rate notice.
(4)
The local land board is not to hear an appeal
under this section in respect of a rate levied in respect of a year unless the
appellant has produced to the local land board a certificate issued by the
board (or such other evidence as is acceptable to the local land board)
confirming that all rates due and payable in any preceding year in relation to
the land have been paid.
Note—
Section 240 (Service and giving of notices and
other documents) sets out various ways in which a rate notice may be
given.
74Hearing of
appeals
(1)
After hearing the appeal against an assessment of
the notional carrying capacity of a holding, the local land board must decide
the appeal by:
(a)
confirming the assessment, or
(b)
varying the assessment by altering the
assessment.
(2)
After hearing the appeal against a rate levied on
land, the local land board must decide the appeal either:
(a)
by confirming the rate as levied,
or
(b)
by varying the rate.
(3)
The decision of a local land board on the hearing
of the appeal is final.
Division 6Recovery of
rates
75Measures to facilitate the
recovery of rates
(1)
The lodgment of an appeal against the validity of
the rate under section 73 does not prevent proceedings being taken for the
recovery of the rate.
(2)
The fact that an appeal has been lodged against
the validity of a rate under section 73 does not prevent the State Council
from exercising a power conferred by section 79.
Note—
A board may sell land in respect of which the
payment of rates is overdue—see Schedule 5.
Division 7Annual
returns
76Annual returns of land and
stock
(1)
An annual return for a holding in a district must
be lodged in accordance with the regulations by any person prescribed by the
regulations as the person responsible for the lodgment of such a
return.
Maximum penalty: 20 penalty
units.
(2)
The annual return is to give details of the
matters prescribed by the regulations.
77Change of occupier after
lodgment of return
An annual return for a holding that is lodged in
accordance with section 76 remains the annual return for that holding for the
year it concerns irrespective of any changes occurring in that year in respect
of the ownership or occupation of the land or the stock kept on the
holding.
78Duty to supply information in
respect of land or stock
A board may, subject to the regulations, require
any person who lodges an annual return or any owner or occupier of the holding
to which an annual return relates to provide any specified information
relating to matters covered by the return for the purpose of:
(a)
verifying or updating the board’s records,
or
(b)
inquiring into the accuracy of information
contained in the return.
Note—
It is an offence in some circumstances to fail to
provide information when required to do so under this Act see section 210
(Offences relating to the provision of information in relation to certain
matters).
Division 8Miscellaneous
79Irregularities concerning
rates
(1)
The State Council may, with the approval of the
Minister, extend the period for a rate to be fixed or rate notice to be given
if for any reason the rate is not fixed, or rate notice is not given, within
the period prescribed by or under this Act.
(2)
The State Council may, with the approval of the
Minister, authorise a board to do any things that are necessary to cure an
irregularity and to validate a rate if any irregularity in fixing or levying a
rate affects, or may be considered to affect, the validity of any
rate.
80Rebates, waiver, refund or
writing off of rates
(1)
A board may, with the approval of the State
Council, do any one or more of the following:
(a)
grant a rebate of a rate,
(b)
waive payment of a rate or part of a
rate,
(c)
refund to an occupier or owner a rate or part of
a rate,
(d)
write off any amount of rates waived or refunded
under this section.
(2)
Action under this section may be taken in a
particular case or class of cases.
81Notice to be given of changes
in occupancy or ownership of rateable land
(1)
A person must, within one month after ceasing to
be or becoming the occupier or owner of rateable land within a district, give
notice in the approved form to the board for the district.
Maximum penalty: 10 penalty
units.
(2)
A person is taken to have satisfied the
requirements of this section in relation to a change of ownership if notice of
the change is lodged with the Registrar-General in accordance with section 39
of the Real Property Act
1900 or section 184E of the Conveyancing Act 1919 within one month
after the change of ownership.
82Notification of change of
address
(1)
The occupier of rateable land within a district
must notify the board for the district of any change in the occupier’s
postal address within one month after the change occurs.
Maximum penalty: 10 penalty
units.
(2)
The owner of stock kept on rateable land within a
district must notify the board for the district of any change in the
owner’s postal address within one month after the change
occurs.
Maximum penalty: 10 penalty
units.
(3)
A person who becomes the occupier of rateable
land within a district must notify the board for the district of the
occupier’s postal address within one month after becoming the occupier
of the land.
Maximum penalty: 10 penalty
units.
83Tenure bond to be paid by
certain holders of Crown land
(1)
The government agency or other public authority
that grants a person short tenure of Crown land in a district is to notify the
board for the district as soon as practicable after the
grant.
(2)
A person who takes Crown land in a district on a
short tenure must provide to the board for the district a tenure bond within
14 days of taking the land on short tenure.
Maximum penalty: 20 penalty
units.
(3)
The tenure bond is to be in the form approved,
and for such reasonable amount as is determined, by the
board.
(4)
At the end of the short tenure of land, an amount
equal to any unpaid rates, charges, interest or any other amount owed to the
board in respect of the land by the holder of the short tenure is forfeited to
the board from any tenure bond provided under this
section.
(5)
The board must refund the balance (if any) of the
tenure bond to the person who provided it.
(6)
Except as provided by subsection (4), nothing in
this section:
(a)
affects the liability of any person to pay rates
under this Act, or
(b)
affects a board’s right to recover rates
under this Act.
(7)
The regulations may make provision for or with
respect to the forfeiture to a board of any tenure bond provided to the board
under this section.
(8)
In this section:
short
tenure, in relation to land, means a lease of the land from
the Crown for a term not exceeding 3 years or a licence of the land from the
Crown.
tenure
bond means a bond deposited or paid in such a way as to
secure a board against any failure of the person depositing or paying the bond
to pay rates, charges or any other amount in respect of the land payable by
the person to the board under this Act.
Part 8Travelling stock reserves and
public roads
Note—
This Part provides:
(a)
for the management, and regulation of the use by
travelling stock and persons, of travelling stock reserves that are fully
controlled by boards, and
(b)
for regulation of the use by travelling stock and
persons of travelling stock reserves that are not fully controlled but are
managed by boards and of public roads.
Division 1Preliminary
84Definitions
(1)
In this Part:
appropriate permit means a stock
permit or reserve use permit that authorises the holder to engage in the
activity or conduct concerned.
closure
order means an order under section 93.
controlled travelling stock reserve
means:
(a)
a travelling stock reserve the care, control and
management of which is vested in a board under this Part,
or
(b)
a travelling stock reserve that is a stock
watering place for which a board is the controlling authority under Part
9.
managed
travelling stock reserve means a travelling stock reserve
other than a controlled travelling stock reserve or any travelling stock
reserve (or travelling stock reserves of a class) prescribed by the
regulations for the purposes of this definition.
permit means a stock permit or
reserve use permit.
responsible board means:
(a)
in relation to a controlled travelling stock
reserve—the board vested with the care, control and management of the
reserve under this Part or that is the controlling authority under Part 9,
or
(b)
in relation to a public road (or part of a public
road)—the board for the district in which the public road (or part of a
public road) concerned is located, or
(c)
in relation to a managed travelling stock
reserve—the board for the district in which the reserve is
situated.
timber has the same meaning as it
has in the Forestry Act
1916.
travelling stock means stock that
are being moved by being walked, and includes travelling stock that are
grazing.
travelling stock reserve
means:
(a)
any route or camping place reserved for
travelling stock route or camping place under the Crown
Lands Act 1989, or
(b)
any reserve for travelling stock, water reserve,
reserve for access or crossing (where the reserve is for the purpose of
providing travelling stock with access to or a crossing of water, whether
expressly notified for that purpose or not), or
(c)
any stock watering
place.
(2)
If the boundaries of a district within which a
controlled travelling stock reserve is situated change so that the whole or
part of the reserve is situated in another district, the responsible board for
that reserve (or part of the reserve) is taken to be the board for the other
district.
Division 2Controlled travelling stock
reserves
85Vesting care, control and
management of certain travelling stock reserves in
boards
(1)
The Minister for Land and Water Conservation may,
by order published in the Gazette, vest in a board the care, control and
management of any travelling stock reserve to which this section
applies.
(2)
This section applies to a travelling stock
reserve other than a stock watering place or one that comprises land
within:
(a)
a State forest, or
(b)
the Western Division that is subject to a lease
from the Crown.
Note—
Section 18 and paragraph (l) of Schedule A to the
Western Lands Act 1901 provide for such
leases to contain covenants giving unrestricted rights to proclaim travelling
stock reserves and to withdraw land from such reserves.
(3)
An order under this section relating to that part
of a travelling stock reserve that is subject to a lease or a licence granted
under the Crown Lands Acts does not have effect until the lease or licence is
terminated.
86Withdrawal of care, control
and management from board
(1)
The Minister for Land and Water Conservation may,
by order published in the Gazette, withdraw the care, control and management
of a travelling stock reserve from a board.
(2)
An order may be made only on the recommendation
of the Minister administering this section.
(3)
The Minister administering this section is to
take into consideration any views of the board concerned and the State Council
in deciding whether or not to recommend that an order be
made.
(4)
Before recommending that an order be made, the
Minister administering this section may refer the matter to the appropriate
local land board.
(5)
As soon as practicable after the matter is
referred to it, the local land board must inquire into the matter and submit a
report of its findings in writing to the Minister administering this
section.
(6)
The Minister administering this section is not
bound to accept the report and no person is entitled to appeal against such a
report or have it referred to the Land and Environment
Court.
87Withdrawal of land required
for public purpose from travelling stock reserve
(1)
The Minister for Land and Water Conservation may,
by order published in the Gazette, withdraw from a travelling stock reserve
under the care, control and management of a board any land that is required as
a site for a town or village or for any public purpose, other than the purpose
of settlement under the Crown Lands Acts.
(2)
An order may be made only on the recommendation
of the Minister administering this section.
(3)
The Minister administering this section is to
take into consideration any views of the State Council in deciding whether or
not to recommend that an order be made.
88Compensation for improvements
made before withdrawal
(1)
The Minister for Land and Water Conservation is
liable to pay compensation to a responsible board for any improvements made to
land comprising any part of a travelling stock reserve that is withdrawn from
the care, control and management of the board.
(2)
The compensation must not exceed the current
value of the improvements.
(3)
If the Minister for Land and Water Conservation
and the responsible board are unable to agree on the amount of compensation,
either of them may refer the matter to the appropriate local land board for
determination.
(4)
The local land board to which the matter is
referred must determine the amount of compensation
payable.
(5)
The local land board’s determination is
binding on the Minister and the responsible board.
Division 3Timber on controlled
travelling stock reserves
89Removal or destruction of
timber
(1)
A responsible board must not remove, fell or
destroy timber from an area of more than one hectare of land within a
controlled travelling stock reserve unless it has given the Forestry
Commission at least 3 months’ notice in writing of its intention to do
so.
Note—
For the effect of compliance with this section,
see section 27 (3) (a) (vi) of the Forestry Act
1916.
(2)
A responsible board must consult the
Director-General of National Parks and Wildlife before it decides whether or
not to fell timber on or remove timber felled on a controlled travelling stock
reserve that adjoins a national park or a nature
reserve.
(3)
The responsible board may remove timber only
after giving due consideration to any representations made by the
Director-General of National Parks and Wildlife.
90Use of felled
timber
(1)
A responsible board may sell timber felled on a
controlled travelling stock reserve or may use the timber for the purpose of
improving any travelling stock reserve within its district or carrying out any
work in the district necessary for the exercise of its functions but must not
use the timber for any other purpose.
(2)
The responsible board may sell timber felled in a
controlled travelling stock reserve with the consent of the Forestry
Commission, despite anything in the Forestry Act
1916 to the contrary.
91Licences to remove
timber
(1)
The Forestry Commission must obtain the consent
of the responsible board before it issues any licence under the Forestry Act 1916 to any person other
than the board to cut or remove timber that is located in a controlled
travelling stock reserve.
(2)
A licence may include such conditions or
restrictions as the Forestry Commission and the responsible board agree
on.
(3)
If the Forestry Commission and the responsible
board are in dispute as to the conditions or restrictions to be included in a
licence, either of them may refer the dispute to the Minister administering
the Forestry Act 1916 for
determination.
(4)
The Minister’s determination of the dispute
is binding on the Forestry Commission and the responsible
board.
92Relationship to other
Acts
Nothing in this Part authorises or permits a
responsible board to take any action in respect of a controlled travelling
stock reserve that is contrary to the Native Vegetation
Conservation Act 1997.
Division 4Closure of controlled
travelling stock reserves
93Closure
orders
(1)
A responsible board may make an order (a closure order):
(a)
closing a controlled travelling stock reserve (or
specified part of a reserve), or
(b)
suspending an entitlement or authority conferred
by or under section 97 to use a controlled travelling stock reserve (or
specified part of a reserve) for any recreational activity,
or
(c)
suspending the operation of any stock permit or
permit issued under the Stock Diseases Act
1923 or reserve use permit in relation to the reserve (or
part of any such reserve) except to the extent specified in the
order.
(2)
A responsible board may make an order under
subsection (1) (a):
(a)
for the purpose of taking appropriate measures
for the following:
(i)
the conservation of the soil or
vegetation,
(ii)
the prevention or mitigation of soil
erosion,
(iii)
the regeneration or planting of trees or pasture,
or
(b)
to enable the board to exercise any of its other
functions in relation to the reserve.
(3)
A responsible board may make an order under
subsection (1) (b) or (c) if use of the reserve for the purposes of the
activity concerned or as authorised by the permit could result in:
(a)
damage to the reserve or part of the reserve or
to any structure or other thing located on the reserve or part of the reserve,
or
(b)
nuisance or annoyance to any members of the
public.
94Notice of
closure
(1)
A board that makes a closure order must publish
or notify the order in a newspaper circulating generally in the board’s
district.
(2)
A closure order takes effect on the day on which
it is so published or notified or, if a later day is specified in the order,
on that later day.
(3)
A closure order (unless sooner repealed or
amended) remains in force for the period specified in the
order.
Division 5Use of travelling stock
reserves and public roads
95Unauthorised uses of
travelling stock reserves
A person must not, without lawful
authority:
(a)
enter or remain on a travelling stock reserve,
or
(b)
occupy or make use of any travelling stock
reserve for any purpose, or
(c)
engage in any activity that damages, or is likely
to damage, a travelling stock reserve.
Maximum penalty: 50 penalty
units.
96Unauthorised use of public
roads
(1)
A person who owns or has charge of stock must
ensure that the stock do not walk or graze on a public road.
Maximum penalty: 50 penalty
units.
(2)
A person is not guilty of an offence under this
section if the stock are being walked or grazed under the authority of a stock
permit or an order made or permit issued under the Stock
Diseases Act 1923 or in any other circumstances prescribed
by the regulations for the purposes of this subsection.
97Authorised use of travelling
stock reserves for recreational activities
(1)
A person is authorised to use a travelling stock
reserve (whether controlled or managed) or part of any such reserve on any day
between sunrise and sunset for any recreational activity prescribed by the
regulations, subject to this Act and any conditions prescribed by the
regulations.
(2)
The Crown is to indemnify a responsible board in
respect of:
(a)
the death of or injury to any person,
or
(b)
damage to, or the destruction of, property other
than that of the board,
arising out of the use of a travelling stock reserve for
the purpose of a recreational activity in accordance with this
section.
(3)
Subsection (2) does not apply to the death of or
personal injury to a director or employee of a board if the death or injury
arises in connection with the exercise by the board of its
functions.
98Certain occupiers of land to
have a right of access over travelling stock reserves
(1)
An occupier of land is entitled to a right of way
over a travelling stock reserve (whether controlled or managed) to and from
the road nearest to the land if no other access to and from the land by means
of an established road or track is available.
(2)
A right of way is subject to such conditions as
to its exercise (including any conditions as to its position, construction or
improvement) as may be imposed by the responsible board in a particular
case.
(3)
The responsible board is to give notice to the
occupier of land of any condition imposed by it on a right of way of the
occupier.
(4)
The occupier may, with the approval of the
responsible board, and must if directed to do so by the responsible board by
notice in writing, construct or make improvements to the occupier’s
right of way over the reserve.
(5)
Any construction or improvements are to be made
at the expense of the occupier.
99Appeal about right of way
conditions
(1)
An occupier of land may appeal to the appropriate
local land board against a decision of a responsible board to impose a
condition or direct the making of any improvement under section
98.
(2)
The appeal must be made within 28 days of receipt
of notice of the decision or direction.
(3)
On hearing the appeal, the local land board
may:
(a)
revoke the decision or direction,
or
(b)
confirm the decision or
direction.
(4)
A decision of the local land board on appeal is
final and is to be given effect as if it were a decision of the responsible
board concerned.
100Reserve use
permit
(1)
A responsible board may issue a permit (a
reserve
use permit) authorising a person or group of persons to
engage in any activity in, or to occupy or make use on any day at any time of,
a travelling stock reserve for the purpose of establishing and maintaining an
apiary or for any other purpose.
(2)
Despite subsection (1), a reserve use permit
cannot be issued to authorise engagement in any activity prohibited by this
Act or to authorise occupation or use of a travelling stock reserve:
(a)
by travelling stock or for any stock for grazing
purposes, or
(b)
for any recreational activity prescribed by the
regulations under section 97, or
(c)
for any purpose prescribed by the regulations for
the purposes of this section.
(3)
A reserve use permit is to be in the approved
form.
101Stock permits authorising
certain uses of controlled and managed travelling stock reserves and public
roads
(1)
An authorised officer of a responsible board may
issue a permit (a stock
permit) to any person authorising the person to do anything
(or omit to do anything) on or in relation to any public road or travelling
stock reserve (whether controlled or managed) specified in the permit in
respect of stock owned or in the charge of the person and that would otherwise
contravene a provision of this Division.
(2)
Without limiting subsection (1), an authorised
officer may issue a stock permit authorising a person to do any one or more of
the following:
(a)
enter a controlled travelling stock reserve with
stock,
(b)
remain on a controlled travelling stock reserve
with stock,
(c)
walk stock on a public road or travelling stock
reserve,
(d)
graze stock on a public road or controlled
travelling stock reserve.
(3)
A stock permit cannot be issued authorising a
person to graze stock (other than travelling stock) on a public road without
the concurrence of:
(a)
in the case of a public road that is not a Crown
road—the local authority in which the road is vested,
or
(b)
in the case of a Crown road—the Minister
for Land and Water Conservation.
Note—
Under section 40 of the National Parks and Wildlife Act 1974 the
concurrence of the Minister is required before the issue of a permit to graze
over a travelling stock reserve within the boundaries of a national park or
historic site.
(4)
A stock permit is to be in the approved
form.
(5)
Nothing in this section authorises or permits an
authorised officer to issue a stock permit authorising a person to do (or omit
to do) anything on or in relation to a freeway or tollway within the meaning
of the Roads Act
1993.
102Applications for stock permits
and reserve use permits
(1)
An application for a permit is to be made to the
responsible board in the manner prescribed by the
regulations.
(2)
A stock permit is not to be issued unless the fee
(if any) prescribed by the regulations in respect of the permit has been paid
or arrangements have been made for payment of the fee after issue of the
permit.
(3)
An application under this section is taken (for
the purposes only of any appeal) to have been refused if it has not been
determined within the period of 14 days after the making of the
application.
103Duration of stock permits and
reserve use permits
A permit, unless sooner cancelled or suspended,
remains in force for the period specified in the
permit.
104Cancellation or suspension of
stock permits and reserve use permits
(1)
A permit may be cancelled or suspended by a
responsible board at any time by notice in writing given to the permit
holder.
(2)
The notice is to state the ground for
cancellation or suspension of the permit.
(3)
Without limiting the grounds on which the
responsible board may cancel or suspend a permit, the board may suspend or
cancel a permit on any of the following grounds:
(a)
the holder of the permit has been convicted of an
offence against this Act or the regulations,
(b)
the holder of the permit has contravened a
condition to which the permit is subject,
(c)
cancellation or suspension is necessary for the
protection of any stock or of a public road or travelling stock
reserve.
105Classes of stock permits and
reserve use permits
(1)
The regulations may prescribe different classes
of permits and describe the authority conferred on a person by issue of a
particular class of permit.
(2)
The regulations may prescribe the conditions to
which a class of permit is subject.
106Conditions of stock permits
and reserve use permits
(1)
A permit is subject to such conditions as are
prescribed by the regulations or specified in the
permit.
(2)
The responsible board may by notice in writing to
the holder of a permit:
(a)
revoke or vary any conditions attached to the
permit that it has specified, or
(b)
attach new conditions to the
permit.
(3)
A holder of a permit who contravenes any
condition of the permit is guilty of an offence.
Maximum penalty: 20 penalty
units.
107Movement and grazing of stock
authorised by stock permits must comply with Act and
regulations
The holder of a stock permit must ensure that
stock that the holder owns or of which the holder has charge are not moved
over, or grazed on, a public road or travelling stock reserve in contravention
of any provision of this Act or the regulations.
Maximum penalty: 20 penalty
units.
Note—
See also section 208 (Court may order payment of
additional penalty in certain cases).
108Stock permits controlled for
adjoining districts
If a boundary of 2 districts is a public road or
a travelling stock reserve, and the walking or grazing of stock on the road or
reserve is authorised for one of the districts, the walking or grazing of
stock is taken to be authorised for so much of the other district as comprises
the road or reserve.
109Appeals concerning the issue,
cancellation or suspension of permits
(1)
An applicant for a permit may appeal to the local
land board against a decision of a responsible board to refuse to issue a
permit.
(2)
The holder of a permit may appeal to the local
land board against a decision of a responsible board to cancel or suspend the
permit.
(3)
The appeal must be made within 28 days of the
refusal or receipt of the notice of cancellation or
suspension.
(4)
A decision of a responsible board to refuse to
issue a permit or to cancel or suspend a permit is effective and operates
(subject to any final determination on appeal) from the date of the
decision.
(5)
On hearing the appeal, the local land board
may:
(a)
revoke the decision to refuse to issue the permit
and issue the permit (whether or not subject to conditions),
or
(b)
confirm the decision to refuse to issue,
or
(c)
revoke the decision to cancel or suspend the
permit, or
(d)
confirm the decision to cancel or suspend the
permit.
(6)
A decision of the local land board on appeal is
final and is to be given effect as if it were a decision of the board
concerned.
110Compensation
A local land board that revokes the decision of a
responsible board to cancel or suspend a permit may, on application of the
holder of the permit, order the responsible board to pay compensation to the
holder for any loss arising out of the cancellation or
suspension.
Note—
A party to proceedings before a local land board
under this section may appeal to the Land and Environment Court against its
decision. See section 26 of the Crown Lands Act
1989.
Division 6Fencing of boundaries of
controlled travelling stock reserves
111Definitions
In this Division:
fencing
notice means a notice given under section
114.
fencing
work means the erection, replacement, repair, alteration or
maintenance of a fence.
112Application of
Division
This Division does not apply to the
following:
(a)
the holder of a yearly lease,
(b)
a lessee under a lease from the Crown (other than
a yearly lease) if the lease has at the relevant date less than 5 years to
run,
(c)
a licensee under a licence from the
Crown.
113Exclusion of Dividing Fences Act
1991
The Dividing Fences
Act 1991 does not apply to or in respect of so much of any
controlled travelling stock reserve that adjoins land owned by a person other
than a board or that is separated from a controlled travelling stock reserve
only by a road or watercourse.
114Owner of land adjoining
travelling stock reserve may be required to carry out fencing
work
(1)
A board may, by notice in writing given to the
owner of any land adjoining a controlled travelling stock reserve in its
district, or separated from such a reserve only by a road or watercourse,
require the owner to carry out fencing work on the common boundary of the land
and the reserve or of the land and the road or watercourse by the date
specified in the notice.
Note—
Section 240 (Service and giving of notices and
other documents) sets out various ways in which a fencing notice may be
given.
(2)
A fencing notice may be given only if the board
considers it is necessary for the fencing work to be carried out for the
proper protection or improvement of the controlled travelling stock
reserve.
(3)
The fencing notice may specify the standard that
the fencing work is required to meet.
(4)
The owner to whom a fencing notice is given must
comply with the notice.
(5)
The board that gave the fencing notice may carry
out the fencing work required by the notice if the owner fails to comply with
the notice.
115Fencing notice to specify
contributions payable
(1)
A fencing notice is to specify whether the owner
of the land is to bear the whole or a specified portion of the cost of the
fencing work required by the notice and the contribution payable by the
board.
(2)
An owner must not be required to bear more than
half the cost of the fencing work except with the concurrence of the State
Council.
116Costs of fencing
work
An owner of land who carries out fencing work
required by a fencing notice is entitled to recover from the board that gave
the notice the board’s contribution to the cost of the fencing
work.
117Compliance
notice—fencing
(1)
A board that carries out fencing work required by
a fencing notice because the owner to whom it was given fails to comply with
the notice may, by notice in writing given to the owner, require the owner to
pay to the board:
(a)
a contribution not exceeding half the cost of the
fencing work carried out by the board, or
(b)
if the fencing notice specifies that the owner is
liable for a greater portion of the cost of the fencing work, a contribution
equivalent to that portion of the cost.
(2)
The notice under subsection (1) is to specify the
period within which the contribution or amount is
payable.
(3)
Schedule 4 has effect.
Note—
See Division 1 of Part 13 and Schedule 5 on
recovery of unpaid contributions.
118Application to local land
board
(1)
If the owner of land to whom a fencing notice has
been given and a board are in dispute with respect to fencing work required by
the notice, either of them may apply to the appropriate local land board to
determine the matter.
(2)
On receiving an application under this section,
the local land board must hear and determine the
application.
119Jurisdiction of land board not
to be ousted in certain cases
(1)
The jurisdiction of the local land board before
which proceedings are brought under section 118 cannot be ousted on the ground
that the defendant or respondent in the proceedings does not reside within the
land district for which the local land board is
constituted.
(2)
However, the local land board before which the
proceedings are brought may transfer the application to a local land board
that may more appropriately hear the application.
(3)
On receiving an application transferred to it
under this section, a local land board must hear and determine the
application.
120Local land board may allow
time for payment
(1)
In proceedings under this Division before a local
land board for the determination of any contribution, or amount of money, the
local land board may allow time for payment of the money
concerned.
(2)
The local land board may:
(a)
determine that the money be paid in instalments,
and
(b)
fix the amounts of the instalments and the dates
by which they are payable, and
(c)
order interest at a rate not exceeding that
prescribed by the regulations to be paid on that
money.
(3)
If a local land board exercises the power
conferred by subsection (2), the money concerned becomes payable by
instalments, on the dates together with interest as fixed under that
subsection.
121Right to refer matters to Land
and Environment Court
A local land board and the Minister administering
this section have the same rights and powers to refer matters to the Land and
Environment Court as the local land board and the Minister administering the
Crown Lands Act 1989 have under sections
27 and 28 of that Act.
122Powers of State Council with
respect to fences
(1)
The State Council may refer to the appropriate
local land board any question as to:
(a)
any matter requiring the State Council’s
approval or concurrence under this Division, or
(b)
any other matter that the State Council considers
necessary or appropriate to be inquired into for the purposes of this
Division.
(2)
On receiving a reference, the local land board
concerned must:
(a)
inquire into the question referred,
and
(b)
as soon as practicable after the inquiry is
completed—report its findings to the State Council in
writing.
Division 7Miscellaneous
123Responsible board not liable
for use of pesticides or chemicals on reserves
(1)
A responsible board is not liable to pay damages
in respect of any pesticide or chemical related injury attributable to the
application by the board of a pesticide or chemical to a controlled travelling
stock reserve if the board has given notice in accordance with the regulations
that the pesticide or chemical was about to be applied or had been applied to
the reserve.
(2)
This section has effect in relation to a
controlled travelling stock reserve (or part of such a reserve) to which a
pesticide or chemical has been applied whether or not an appropriate permit is
in force that authorises its holder to use the reserve (or part of the
reserve) for a particular purpose.
(3)
In this section:
pesticide
or chemical related injury means death of, or injury or
illness suffered by, a person, or deaths of, or injuries or diseases suffered
by, stock or bees, that are attributable to the application of a pesticide or
chemical.
124Responsible board not liable
for injury attributable to diseased travelling stock
(1)
A responsible board is not liable to pay damages
in respect of any disease related injury that is attributable to diseased
travelling stock that have been walked or grazed on a travelling stock reserve
or public road if the board has given notice in accordance with the
regulations that the stock have been walked over or grazed on the
reserve.
(2)
This section has effect in relation to a
travelling stock reserve (or part of such a reserve) or public road on which
diseased stock have been walked or grazed whether or not an appropriate permit
is in force that authorises the holder to use the reserve (or part of the
reserve) or public road for the purpose of walking or grazing
stock.
(3)
In this section:
disease
related injury means death of, or injury or illness suffered
by, a person, or deaths of, or injuries or diseases suffered by, stock or
bees, that are attributable to diseased stock.
125When may a responsible board
impound bees or beehives placed or kept on a controlled travelling stock
reserve?
(1)
A responsible board may impound any bees or
beehives placed, or being kept, on a controlled travelling stock reserve if
the bees or beehives have been placed, or are being kept, otherwise than in
accordance with a reserve use permit issued by the
board.
(2)
The bees or beehives are to be impounded in such
manner as may be prescribed by the regulations.
(3)
The responsible board may decline to release any
bees or beehives impounded by it to a person who claims to own them unless the
person pays to the board the impounding fee prescribed by the
regulations.
(4)
Nothing in this section limits or affects any
power with respect to bees or beehives conferred on an inspector under section
17 or 24 of the Apiaries Act
1985.
126Orders for mustering of
stock
(1)
The person in charge of any stock that are on any
part of a public road or a travelling stock reserve must, if requested to do
so by a prescribed officer:
(a)
muster the stock at a specified place in the
vicinity of that part of the road or reserve, and
(b)
allow the prescribed officer to inspect the
stock, and
(c)
assist in counting the stock,
and
(d)
provide the prescribed officer with such other
assistance as the prescribed officer may reasonably require,
and
(e)
except as provided by subsection (2), produce for
inspection by the prescribed officer an appropriate permit in respect of the
stock.
Maximum penalty: 10 penalty
units.
(2)
The person in charge of stock is not required to
produce an appropriate permit for inspection if the person claims that the
stock are being conveyed under the authority of an order made or a permit
issued under the Stock Diseases Act
1923.
(3)
A person in charge of stock who claims that stock
are being conveyed as referred to in subsection (2) must, if requested to do
so by the prescribed officer, produce that order or permit for inspection by
the officer within 48 hours after the request is made.
Maximum penalty: 10 penalty
units.
(4)
In this section, prescribed officer means any of the
following:
(a)
an authorised officer,
(b)
a police officer,
(c)
an inspector appointed under the Stock Diseases Act
1923,
(d)
any other person prescribed by the regulations
for the purposes of this paragraph.
127Power of responsible board to
recover compensation in respect of damage caused to or on controlled
travelling stock reserve
(1)
A responsible board may recover from a person
who:
(a)
damages a controlled travelling stock reserve,
or
(b)
damages or destroys any structure or work located
on a controlled travelling stock reserve,
an amount equal to its expenses in rectifying the damage
or replacing the destroyed structure or work.
(2)
This section has effect irrespective of whether
the damage or destruction was perpetrated without intention, recklessness or
negligence.
(3)
The recovery from a person of an amount under
this section does not affect the liability of the person to be dealt with for
an offence by or under this Act or under any other law arising out of the same
matter.
128Exemption
power—boards
(1)
A board may, in accordance with any guidelines
given by the State Council, exempt a person or a class of persons in writing
from the operation of this Part or a specified provision of this
Part.
(2)
The exemption may be limited in duration or may
be subject to such factors or circumstances as may be specified in the
exemption.
(3)
The board may cancel the exemption in writing at
any time.
(4)
A board is to give notice in accordance with the
regulations of any exemption given (or of any cancellation of an exemption
made) by the board under this section.
Part 9Stock watering
places
129Declaration of stock watering
places
The Minister for Land and Water Conservation may,
by order published in the Gazette, declare any of the following to be a stock
watering place:
(a)
any Crown land, or land acquired under section
135 of the Crown Lands Act
1989 for a stock watering place,
(b)
any land acquired for the purpose by a local
authority.
130Declaration of stock watering
place as town water supply
The Minister administering this section may, by
order published in the Gazette, declare a stock watering place to be a town
water supply.
131Which bodies are to be
controlling authorities of stock watering places?
(1)
The controlling authority of a stock watering
place that has been declared to be a town water supply under section 130
is:
(a)
if the stock watering place is located within a
local government area—the local authority, or
(b)
if the stock watering place is not located within
a local government area—a person or body nominated by the
Minister.
(2)
The controlling authority of a stock watering
place that has not been declared to be a town water supply is:
(a)
the body specified by the regulations as the
controlling authority of the stock watering place, or
(b)
if no body is so specified—the board for
the district within which the stock watering place is
located.
132Controlling authority may
construct water storage works
(1)
The controlling authority of a stock watering
place may:
(a)
construct water storage works at the watering
place, and
(b)
carry out improvements to any water storage
works.
(2)
The controlling authority of a stock watering
place is responsible, subject to any provision to the contrary of a lease
granted under section 134, for maintaining and, where necessary, repairing any
water storage works constructed by it.
(3)
The cost of:
(a)
constructing a water storage work at a stock
watering place that is not under the control of a local authority,
or
(b)
carrying out improvements, maintenance or repairs
to any water storage work,
is, subject to any provision to the contrary of a lease
granted under section 134, payable by the relevant controlling
authority.
(4)
The controlling authority of a stock watering
place must obtain the approval of the Minister before constructing a water
storage work or carrying out any improvements, maintenance or repairs to a
water storage work the cost of which exceeds $20,000 (or such other amount as
may be prescribed by the regulations).
(5)
In this section:
water
storage works means tanks, dams, reservoirs, pumps
(including windmills) and other works for storing water or for providing
water.
133Compensation for improvements
on former stock watering place
(1)
The Minister for Land and Water Conservation is
liable to pay compensation for improvements made by a local authority or
board, as the controlling authority of a stock watering place, if the land on
which the improvements are made is Crown land, or land acquired under section
135 of the Crown Lands Act
1989 for a stock watering place, that ceases to be, or to
form part of, the stock watering place as a consequence of the revocation or
variation of the order declaring the stock watering
place.
(2)
The compensation must not exceed the current
value of the improvements.
(3)
If the Minister for Land and Water Conservation
and the local authority or board concerned are unable to reach an agreement as
to the amount of compensation payable under this section, either of them may
apply to the appropriate local land board to determine the
matter.
(4)
The local land board to which application is made
under this section must determine the amount of compensation
payable.
134Leases of stock watering
places
(1)
The controlling authority of a stock watering
place may, following auction, public tender or other means approved by the
State Council, grant a lease of the watering place.
(2)
The controlling authority must not grant a lease
of a stock watering place for a period (including any period for which the
lease could be extended or renewed by the exercise of an option) exceeding the
period prescribed by the regulations.
135Controlling authority and
lessee to supply water to certain persons and stock
The controlling authority, or lessee, of a stock
watering place must:
(a)
supply water (if available) to any person or
stock of a class prescribed by the regulations, or
(b)
allow stock to depasture at the stock watering
place in the circumstances, and in accordance with any conditions, prescribed
by the regulations.
136Offence to damage stock
watering place
(1)
A person must not intentionally or recklessly
pollute or, without lawful authority, interfere with any water that flows
into, or that is used as, the source of supply for any stock watering
place.
Maximum penalty: 100 penalty
units.
(2)
If any person pollutes or, without lawful
authority, interferes with any water that flows into, or that is used as, the
source of supply for a stock watering place, the relevant controlling
authority may recover from the person an amount equal to the cost of cleaning
up or removing the pollution or interference as a debt due in a court of
competent jurisdiction.
(3)
Proceedings may be brought under subsection (2)
irrespective of whether proceedings could be or have been brought for an
offence under subsection (1) arising out of the same
matter.
Part 10Impounding of unattended and
trespassing stock and abandoned articles
Note—
The Impounding Act
1993 empowers persons appointed by boards (which are
impounding authorities for the purposes of that Act) to impound and deal with
animals (including pigs and deer) and articles in public places and places
owned or under the control of boards within the districts of the boards if, in
the case of animals, they are unattended or trespassing or, in the case of
articles, they have been abandoned or left unattended. It also enables
occupiers of private land to impound and deal with animals trespassing on
their land, provides for the release of impounded animals and articles that
are claimed by their owners and, if they are disposed of by sale, provides for
the disposal of the proceeds for sale.
This Part includes some provisions that
complement or supplement the provisions of the Impounding Act
1993.
137Definitions
(1)
In this Part:
stock includes pig and
deer.
(2)
If an expression is defined in the Impounding Act 1993 and is also used in
this Part, the expression as used in this Part has, unless the contrary
intention appears, the same meaning as in that Act.
Note—
Expressions used include:
impounding authority, which is
defined to include a board.
unattended which is defined, in
relation to an animal, to include abandoned or
straying.
138Unattended
stock
Stock are not unattended for the purposes of
sections 9 (2) (d) and 32 (3) (d) of the Impounding Act
1993 if the stock are unattended on a road or travelling
stock reserve:
(a)
in accordance with the authority conferred by
(and any conditions of) a stock permit, or
(b)
in any other circumstances prescribed by the
regulations for the purposes of this paragraph.
139Offence of causing or
permitting stock to be on a public road, travelling stock reserve or public
land without authority
(1)
If stock (whether attended or unattended) are on
a public road, travelling stock reserve or other public land except in
accordance with the authority conferred by (and in accordance with any
conditions of) a stock permit or by or under any law the owner of the stock,
and the person in charge of the stock (if not the owner), are each guilty of
an offence.
Maximum penalty: 50 penalty
units.
(2)
It is a defence to a prosecution for an offence
against this section, if the defendant proves that the defendant had taken all
reasonable steps to prevent the contravention.
(3)
An impounding officer may impound any stock the
impounding officer suspects to be on a public road, travelling stock reserve
or other public land in contravention of this section in the same way that the
impounding officer may impound an animal under section 9 of the Impounding Act
1993.
140Release of impounded
stock
A person must not, without the authority of an
impounding authority:
(a)
release, or
(b)
incite or assist any person to
release,
any animal impounded, or seized or detained in a
district for the purpose of being impounded.
Maximum penalty: 50 penalty
units.
Part 10ATransportation of stock by
vehicle
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140ADefinitions
In this Part:
Accreditation Committee means the
Stock Transportation Accreditation Committee constituted by section
140H.
authorised officer means an
authorised officer who is:
(a)
a police officer, or
(b)
an authorised officer who is authorised to
exercise functions conferred on authorised officers by this
Part.
stock means the following:
(a)
cattle,
(b)
sheep,
(c)
any other kind of animal declared by the
regulations to be stock for the purposes of this
Part.
stock
transportation particulars—see section 140B.
Note—
Vehicle is defined in the Dictionary
to this Act to include any means of road, rail, waterborne or airborne
transport.
transported stock statement means a
document that contains stock transportation particulars and that is in a form
approved for the purposes of this Part under section
140J.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140BStock transportation
particulars
(1)
For the purposes of this Part, the following are
stock transportation particulars in relation to stock:
(a)
the date the transportation of the stock
commenced or is to commence,
(b)
the address at which the stock were or are to be
loaded to commence the transportation,
(c)
details of the type and number of stock being or
to be transported,
(d)
if the stock are being or are to be transported
for the owner or owners of the stock—the name and address of the owner
of the stock (or, if there is more than one owner, of at least one of the
owners),
(e)
if the stock are being or are to be transported
for a person other than the owner or owners of the stock who is an employee of
the owner or owners or is otherwise responsible for the stock—the name
and address of that person,
(f)
the name and address of the person to whom the
stock are being or are to be transported,
(g)
the address to which the stock are being or are
to be transported (if different from the address referred to in paragraph
(f)),
(h)
any other particulars prescribed by the
regulations.
(2)
In this section:
address of a corporation means the
registered office or sole or principal place of business of the
corporation.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140CRestrictions on the transport
of stock by vehicle on a road
(1)
An owner of stock that are to be transported by a
vehicle on a road must:
(a)
duly complete a transported stock statement in
relation to the stock, and
(b)
if a person other than an owner is to transport
the stock, make a copy of the statement,
before the commencement of the
transportation.
Maximum penalty: 20 penalty
units.
Note—
Section 140E requires records of transported
stock statements to be retained.
(2)
If the owner of stock causes another person to
transport the stock by vehicle on a road, the owner must provide the person in
charge of the vehicle at the commencement of the transportation with a
transported stock statement in relation to the stock before the commencement
of the transportation.
Maximum penalty: 20 penalty
units.
(3)
The person who is in charge of a vehicle in which
stock are being transported on a road must:
(a)
be in possession of a transported stock statement
in relation to the stock, and
(b)
ensure that the stock correspond with the
description of the stock specified in the document.
Maximum penalty: 20 penalty
units.
(4)
A person is not guilty of an offence under this
section if the stock concerned are transported or are to be transported under
the authority of:
(a)
a stock permit, or
(b)
an order made or a permit issued under the
Stock Diseases Act
1923.
(5)
This section does not apply to the transport of
stock by vehicle on a road in the following circumstances:
(a)
stock transported into New South Wales from
another State or the Australian Capital Territory and transported within New
South Wales for up to 30 kilometres before proceeding back into the other
State or that Territory as part of an unbroken journey,
(b)
stock transported across or along a road from one
part of a holding to another part that would be contiguous with the
first-mentioned part but for being separated by the road,
(c)
stock transported to or from a place for
treatment by a veterinary surgeon,
(d)
stock transported in any other circumstances
prescribed by the regulations.
(6)
In this section:
owner of stock includes:
(a)
an employee of the owner of the stock,
and
(b)
a person other than the owner of the stock who is
responsible for the stock, and
(c)
an employee of a person referred to in paragraph
(b).
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140DRestriction on the consignment
of stock by rail, water or air transport
(1)
A person must not consign stock that are to be
transported by any form of rail, water or air transport to another person (the
consignee) unless the person has
provided the consignee with a duly completed transported stock statement in
respect of the stock.
Maximum penalty: 20 penalty
units.
(2)
A consignee who is provided with a transported
stock statement must (unless the consignee is to be responsible for the stock
during the transport) provide a copy of the statement to the person who is to
be responsible for the stock during the transport.
Maximum penalty: 20 penalty
units.
(3)
A person who is provided by a consignee with a
copy of a transported stock statement under subsection (2) must be in
possession of the copy until the end of the transport of the stock
concerned.
Maximum penalty: 20 penalty
units.
(4)
A person is not guilty of an offence under this
section if the stock concerned are consigned under the authority of:
(a)
a stock permit, or
(b)
an order made or a permit issued under the
Stock Diseases Act
1923.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140ERecords of transported stock
statements to be retained
(1)
An owner of stock who completes a transported
stock statement under section 140C (1) in relation to stock that the owner
transports by a vehicle must retain the statement for at least 2 years after
the day on which the transportation ends.
(2)
An owner of stock who provides another person
with a transported stock statement under section 140C (2) or 140D (1) must
retain a copy of the statement for at least 2 years after the day on which the
transportation ends.
(3)
A person in charge of a vehicle who is provided
with a transported stock statement under section 140C (2) must retain the
statement for at least 2 years after the day the transportation
ends.
(4)
A consignee who is provided with a transported
stock statement under section 140D must retain the statement for at least 2
years after the day on which it is provided.
Maximum penalty: 20 penalty
units.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140FPowers to stop and search
vehicles transporting stock
(1)Vehicle search
powers
An authorised officer may exercise any one or
more of the vehicle search powers in respect of a vehicle if the authorised
officer has reasonable grounds to believe that the vehicle is being used to
transport stock.
(2)Power to give reasonable
directions
An authorised officer who exercises a vehicle
search power under this section has the power to give reasonable directions
(to facilitate the exercise of the power) to any person:
(a)
in or on the vehicle concerned,
or
(b)
in the vicinity of the vehicle
concerned.
(3)Preconditions for exercise of
vehicle search power
An authorised officer may give a direction
referred to in subsection (2) only if, before giving the direction, the
authorised officer:
(a)
provides evidence to the person that he or she is
an authorised officer (unless the authorised officer is a police officer in
uniform), and
(b)
in the case of a police officer in
uniform—provides his or her name and place of duty,
and
(c)
informs the person of the reason for the
direction, and
(d)
warns the person that a failure to comply with
the direction may be an offence.
(4)Offence
A person must (unless the person has a reasonable
excuse for not doing so):
(a)
stop a vehicle the person is in charge of when
directed under this section to do so by an authorised officer,
or
(b)
comply with any other direction given under this
section by an authorised officer.
Maximum penalty: 50 penalty units or 12 months
imprisonment, or both.
(5)Definition
In this section:
vehicle
search power means any of the following powers:
(a)
a power to stop a vehicle transporting stock for
the purposes of determining whether or not:
(i)
the person in charge of the vehicle is in
possession of the transported stock statements required by section 140C,
or
(ii)
the person responsible for the stock is in
possession of the transported stock statements required by section 140D
(2),
(b)
the power to inspect any of the statements
referred to in paragraph (a),
(c)
the power to search a vehicle (whether or not
stopped under paragraph (a)) transporting stock for the purposes of
determining whether stock being transported appear to be the stock to which
transported stock statements in the possession of the person in charge of the
vehicle, or who is responsible for the stock, relate and to give reasonable
directions to any person in the vehicle for the purpose of facilitating the
search,
(d)
the power to take possession of any stock or
object found in the course of such a search that the authorised officer
conducting the search suspects on reasonable grounds constitutes evidence of
an offence under this Act or under any other law.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140GPerson in charge of vehicle
transporting stock to give name and other particulars
(1)
An authorised officer may request the person in
charge of a vehicle that the authorised officer has reasonable grounds to
believe is being used to transport stock to give the person’s name or
residential address, or both.
(2)
An authorised officer may make a request referred
to in subsection (1) only if, before making the request, the authorised
officer:
(a)
provides evidence to the person that he or she is
an authorised officer (unless the authorised officer is a police officer in
uniform), and
(b)
in the case of a police officer in
uniform—provides his or her name and place of duty,
and
(c)
informs the person of the reason for the request,
and
(d)
warns the person that a failure to comply with
the request may be an offence.
(3)
A person who (without reasonable excuse):
(a)
fails to comply with a request under this
section, or
(b)
in response to the request, gives a name or
address that is false or misleading,
is guilty of an offence.
Maximum penalty: 10 penalty
units.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140HStock Transportation
Accreditation Committee
(1)
There is constituted by this section a Stock
Transportation Accreditation Committee.
(2)
The Accreditation Committee consists of 3 members
of whom:
(a)
one is to be a person nominated by the
Director-General, and
(b)
one is to be a person nominated by the
Commissioner of Police, and
(c)
one is to be a person nominated by the Livestock
Transporters Association of NSW.
(3)
The member referred to in subsection (2) (b) is
to be the Chairperson of the Accreditation Committee.
(4)
The Accreditation Committee has such functions as
are conferred or imposed on the Committee by or under this
Act.
(5)
The procedure for the calling of meetings of the
Accreditation Committee, and for the conduct of business at those meetings is,
subject to this Act and the regulations, to be as determined by the
Committee.
(6)
Two members constitute a quorum at a meeting of
the Committee.
(7)
A decision supported by a majority of the votes
cast at a meeting of the Committee at which a quorum is present is the
decision of the Committee.
(8)
The Chairperson has a deliberative vote and, in
the event of an equality of votes, has a second or casting
vote.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140IApplication for
accreditation
(1)
An application for approval of the form of a
consignment note or document as a transported stock statement made to the
Accreditation Committee must be:
(a)
made in such manner and form as the Accreditation
Committee may approve, and
(b)
supported by such information as the
Accreditation Committee may require, and
(c)
accompanied by the application fee (if any)
prescribed by the regulations.
(2)
The Accreditation Committee may require an
applicant to furnish to the Accreditation Committee, within such time as may
be specified, such further particulars as the Accreditation Committee
considers necessary to determine the suitability of the proposed form of
consignment note or stock transportation document for
accreditation.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
140JApproval of form of
transported stock statement
(1)
The Accreditation Committee may, by order in
writing, approve as a transported stock statement a form of consignment note
or other document for the purposes of this Part on application made to the
Committee under section 140I.
(2)
The Director-General may, by order published in
the Gazette, approve as a transported stock statement a consignment note or
other document for the purposes of this Part.
(3)
An approval may be given subject to the condition
that a document be compiled or identified in a manner specified by the
Accreditation Committee or Director-General.
pt 10A (ss
140A–140J): Ins 2002 No 33, Sch 3 [1].
Part 11Pests
Note—
This Part provides for the control on public and
private land in the State of animals, birds, insects and other members of the
animal kingdom that are pests.
Division 1Preliminary
141Definitions
In this Part:
control of a pest includes the
eradication of the pest.
controlled land, in relation to a
pest control order, means the land to which the order applies.
eradicate means fully and
continuously suppress and destroy.
eradication order means an
individual eradication order or general eradication order made under Division
3.
general
destruction obligation means an obligation referred to in
section 143 (2) (a).
limited
destruction obligation means an obligation referred to in
section 143 (2) (b).
notification obligation means an
obligation referred to in section 143 (2) (c).
pest means any member of the animal
kingdom declared by a pest control order to be a pest.
pest
control order means an order made under section
143.
142Part binds
Crown
This Part binds the Crown, not only in right of
New South Wales but also, so far as the legislative power of Parliament
permits, the Crown in all its capacities.
Division 2Pest control
orders
143Minister may make pest control
orders
(1)
The Minister may, by order published in the
Gazette:
(a)
describe any land to which the order applies (the
controlled land),
and
(b)
declare any non-human mammal or any bird, insect,
amphibian, fish, reptile, arthropod, insect, mollusc, crustacean or other
member of the animal kingdom to be a pest on the controlled land,
and
(c)
impose or confer any one or more of the
obligations or powers described in subsection (2) in relation to that pest on
the controlled land.
(2)
A pest control order may:
(a)
impose a general
destruction obligation requiring the occupier of the
controlled land to eradicate the pest by any lawful method or by a method
specified in the order, or
(b)
impose a limited
destruction obligation requiring the occupier of the
controlled land to eradicate the pest by any lawful method or by a method
specified in the order during specified stages of its development or life
cycle, or
(c)
impose a notification obligation requiring
the occupier of land to give the board for the district in which the
controlled land is situated notice of the presence of the pest on the land as
soon as practicable after becoming aware of its presence,
or
(d)
empower a board to serve an order in accordance
with this Part on any occupier or owner (other than a public authority) of the
controlled land in its district requiring the occupier or owner to eradicate
the pest by use of a method specified by the board in the order (an individual eradication order),
or
(e)
empower a board to publish an order in accordance
with this Part requiring all occupiers of land within its district (or a
specified part of its district) to eradicate the pest by use of any method
specified by the board in the order (a general
eradication order), or
(f)
confer power on any authorised officer or class
of authorised officers to take measures to carry out work on the controlled
land to eradicate the pest, or
(g)
confer on a board the power to give approval
(whether or not subject to any condition) for any person or class of persons
to keep the pest in captivity on the controlled land, or
(h)
confer on a board a power to approve or order the
use (whether or not subject to any condition) of a method of eradication of a
pest other than a method (if any) that is specified in the pest control order,
or
(i)
prohibit the administration of any substance
specified in the pest control order to the pest, or
(j)
require a board to supply materials that have
been provided to it for the eradication of the pest on controlled land within
its district free of charge to the occupier or owner of the
land.
(3)
An order may specify a method of eradication to
be used in relation to a pest on controlled land that involves application of
a substance or thing from the air.
(4)
An order must not specify any method of
eradication in relation to a pest that would constitute an act of cruelty
committed upon an animal within the meaning of the Prevention of Cruelty to Animals Act
1979.
(5)
The Minister may not make an order declaring any
member of the animal kingdom that is protected fauna or a threatened species
to be a pest.
(6)
The land to which an order applies may be private
land or public land, or both.
(7)
An order may be made so as:
(a)
to apply generally or be limited in its
application by reference to specified exceptions or factors,
or
(b)
to apply differently according to different
factors of a specified kind.
(8)
In this section:
public
authority means a public authority other than a local
authority.
144When can a pest control order
be made?
(1)
A pest control order may be made by the Minister
on the Minister’s own initiative after consultation with the State
Council or at the request of a board.
(2)
The Minister must consult with the Minister for
the Environment before making a pest control order declaring any member of the
animal kingdom that is a native species to be a pest.
145Requests by boards for making
of pest control orders
(1)
A board may request the Minister to make a pest
control order that is to apply to land in its district.
(2)
The request is to be made in the form approved by
the Director-General and is to be accompanied by such supporting information
as is determined by the Director-General.
146Public notice of proposal to
make order
(1)
The Minister is to cause notice of a proposal to
make a pest control order applying to land to be published in a newspaper
circulating generally in the district in which the land is situated or, if the
Minister considers it to be appropriate, throughout the whole
State.
(2)
The Minister’s notice is to indicate when
and where a copy of the proposed pest control order is to be placed on public
exhibition and that submissions may be made on it.
(3)
The Minister is to cause a copy of the proposed
pest control order (and such other information as the Minister considers
appropriate) to be placed on public exhibition for a period of not less than
21 days after notice of the proposal is given so that interested persons may
make submissions on the proposal.
(4)
The Minister is to take into consideration any
submissions received on the proposed pest control order before the Minister
makes the pest control order.
(5)
The regulations may make provision for or with
respect to the notification and exhibition of proposed pest control
orders.
147Consultation
The Minister must not make a pest control order
that applies to land occupied by a public authority unless the Minister has
consulted the public authority about the making of the proposed
order.
148Minister may waive notice and
consultation requirements
(1)
It is not necessary to comply with the
requirements of sections 146 and 147 to the extent that the Minister certifies
in writing that, in the Minister’s opinion, in the special circumstances
of the case the public interest requires that the order be made without
complying with those requirements.
(2)
The Minister is to give reasons for so certifying
in the notice given under section 150.
149Making of
order
The Minister may make a pest control order in the
same terms, or in substantially the same terms, as the proposed pest control
order exhibited in accordance with section 146 or, in the case of an order in
respect of which a certificate has been given under section 148 in whatever
terms the Minister considers appropriate.
150Notice of making of
order
The Minister is to cause a notice of the making
of a pest control order to be published in a newspaper circulating generally
in the district in which the controlled land is situated or, if the Minister
considers it to be appropriate, throughout the State.
151When does a pest control order
take effect?
A pest control order takes effect on the day of
its publication in the Gazette or on a later day specified in the
order.
152Duration of pest control
order
(1)
A pest control order has effect (unless sooner
revoked) for such period (not exceeding 5 years) as is specified in the
order.
(2)
A pest control order made in the circumstances
mentioned in section 148 has effect (unless sooner revoked) for 3 months, or
such lesser period as is specified in the order.
153Amendment and revocation of
pest control orders
(1)
The Minister may amend a pest control order by
making another pest control order prepared in accordance with this
Division.
(2)
The Minister may at any time revoke a pest
control order by notice published in the Gazette.
154Compliance with
Division
(1)
Failure to comply with section 146 or 147 does
not affect the validity of a pest control order.
(2)
The Minister is taken to have observed the rules
of procedural fairness if a pest control order is made in accordance with this
Division.
155Obligations of owners and
occupiers of private land
(1)
An occupier of any private land on whom a general
destruction obligation in relation to a pest is imposed by a pest control
order must eradicate any pest on the land by any lawful method (or, if the
order specifies a method to be used, by the method specified).
Maximum penalty: 50 penalty
units.
(2)
An occupier of any private land on whom a limited
destruction obligation in relation to a pest is imposed by a pest control
order must eradicate any pest on the land during the stages of its development
or life cycle specified in the order by any lawful method (or, if the order
specifies a method to be used, by the method specified).
Maximum penalty: 50 penalty
units.
(3)
An occupier of any private land on whom a
notification obligation in relation to a pest is imposed by a pest control
order must give oral or written notice to the board for the district in which
the land is situated of the presence of the pest on the land as soon as
practicable after becoming aware of its presence.
Maximum penalty: 20 penalty
units.
(4)
An occupier of land within a district is not
guilty of an offence under subsection (1) or (2) if the occupier uses a method
to eradicate a pest other than that (if any) specified in the pest control
order concerned and the method used has been approved by the board for the
district in accordance with this Part.
156Obligations of occupiers of
public land
(1)
An occupier of any public land on whom a general
destruction obligation in relation to a pest is imposed by a pest control
order must (to the extent necessary to minimise the risk of the pest causing
damage on any land) eradicate any pest on the land by any lawful method (or,
if the order specifies a method to be used, by the method
specified).
(2)
An occupier of any public land on whom a limited
destruction obligation in relation to a pest is imposed by a pest control
order must (to the extent necessary to minimise the risk of the pests causing
damage on any land) eradicate any pest on the land during the stages of its
development or life cycle specified in the order by any lawful method (or, if
the order specifies a method to be used, by the method
specified).
(3)
An occupier of any public land on whom a
notification obligation in relation to a pest is imposed by a pest control
order must give oral or written notice to the board for the district in which
the land is situated of the presence of the pest on the land as soon as
practicable after becoming aware of its presence.
(4)
An occupier of public land fulfills any
obligation referred to in subsection (1) or (2) if the occupier uses a method
to eradicate a pest on the land other than that (if any) specified in a pest
control order applying to the land and the method used has been approved by
the board for the district in accordance with this Part.
Division 3Eradication
orders
157When may eradication orders be
given?
(1)
A board that has been empowered to give an
eradication order in relation to a pest on controlled land within its district
may give the order only if the board considers that it is necessary to give it
to ensure the effective eradication of the pest on the
land.
(2)
An individual eradication order is to be served
on the occupier or owner of the land concerned.
(3)
A general eradication order is to be published in
a newspaper circulating generally in the district or part of the district
concerned.
158Period for compliance with
eradication order
(1)
An eradication order must specify a reasonable
period within which the terms of the order are to be complied with, subject to
this section.
(2)
An order may require compliance within a short
period (not being less than 24 hours) in circumstances which the board
believes constitute a serious risk of harm being caused by the pest to which
the order relates.
159Notice to be given of proposed
individual eradication order
(1)
Before giving an individual eradication order, a
board must give notice to the occupier or owner to whom the order is proposed
to be given of its intention to give the order, the terms of the proposed
order and the period proposed to be specified as the period within which the
order is to be complied with.
(2)
The board’s notice must also indicate that
the occupier or owner to whom the order is proposed to be given may make
representations to the board as to why the order should not be given or as to
the terms of, or period for compliance with, the order.
(3)
The notice may provide that the representations
are to be made to the board on or before a specified date, being a date that
is reasonable in the circumstances.
160Making of
representations
(1)
A person may, in accordance with a notice under
section 159, make representations concerning the proposed individual
eradication order.
(2)
For the purpose of making representations, the
person may be represented by a barrister, solicitor or
agent.
161Hearing and consideration of
representations
The board is required to hear and consider any
representations made under section 160.
162Procedure after hearing and
consideration of representations
(1)
After hearing and considering any representations
made concerning the proposed individual eradication order, the board concerned
may determine:
(a)
to give an order in accordance with the proposed
order, or
(b)
to give an order in accordance with modifications
made to the proposed order, or
(c)
not to give an order.
(2)
If the determination is to give an order in
accordance with modifications made to the proposed order, the board is not
required to give notice under this Division of the proposed order as so
modified.
163Reasons for order to be
given
(1)
A board must give the occupier or owner of land
to whom an individual eradication order is given reasons for the
order.
(2)
The reasons may be given in the order or in
another instrument.
(3)
The reasons must be given when the order is
given, except in a case of urgency. In a case of urgency, the reasons may be
given the next working day.
164Notice of right to appeal
against order
A board must, in giving an occupier or owner of
private land an individual eradication order:
(a)
state that the person may appeal to the local
land board against the order, and
(b)
specify the period within which the appeal may be
made.
165Appeal against individual
eradication order of board
(1)
An occupier or owner of land (other than a public
authority) given an individual eradication order by a board may appeal to the
appropriate local land board only on any one or more of the following
grounds:
(a)
that the board was not authorised to give the
order,
(b)
that the board has failed to comply with the
requirements of this Division in respect of the making of the
order,
(c)
that the action required to be taken under the
order to eradicate the pest concerned is inappropriate or likely to be
ineffective or that the board has failed to consider the feasibility of
alternative action,
(d)
that the period of time specified by the order
for the taking of action is not reasonable.
(2)
The appeal must be made within 28 days or within
the period specified by the order for taking action to eradicate the pest
concerned, whichever is the lesser.
(3)
On hearing the appeal, the local land board
may:
(a)
amend or revoke the individual eradication order,
or
(b)
confirm the order.
(4)
If an appeal is made to a local land board
against an individual eradication order, the order has no force or effect
unless the local land board confirms or amends the order or the appeal is
withdrawn.
(5)
If the local land board confirms or amends an
individual eradication order, the order has force and effect from the day on
which it is confirmed or amended.
(6)
If an appeal against an individual eradication
order is withdrawn, the order is taken to have force and effect from the day
on which the order was given.
166Individual eradication order
of Minister
(1)
A board may recommend to the Minister that an
individual eradication order be given by the Minister to a public
authority.
(2)
The Minister may serve an order on a public
authority requiring the public authority to eradicate a pest specified in the
order by use of a method specified by the Minister in the order within a
period specified in the order.
(3)
Before giving an order to a public authority, the
Minister must consult with the public authority as to the giving of the order
and its contents.
167Obligations to comply with
eradication orders
(1)
An owner or occupier of land who is served with
an individual eradication order by a board must comply with the individual
eradication order.
Maximum penalty: 50 penalty
units.
(2)
An occupier of land who is served with an
individual eradication order by the Minister must (to the extent that is
reasonably practicable) comply with the eradication
order.
(3)
Any occupier of private land to which a general
eradication order applies must comply with the eradication
order.
Maximum penalty: 50 penalty
units.
(4)
Any occupier of public land to which a general
eradication order applies must (to the extent that is reasonably practicable)
comply with the general eradication order.
168Compliance with
Division
A board is taken to have observed the rules of
procedural fairness if an individual eradication order is made in accordance
with this Division.
Division 4Powers of authorised officers
and others concerning eradication of pests
169Eradication of
pests
An authorised officer may take such measures and
carry out such work on any controlled land as the authorised officer considers
necessary to eradicate pests on the land if:
(a)
a pest control order authorises the taking of
such action, or
(b)
the owner or occupier of the land has failed to
comply with a pest control order or an eradication order applying to the
land.
170Destruction of pests may be
required
(1)
An authorised officer may, by notice in writing,
require a person in possession of a live pest (other than a person who has an
approval to keep the pest under section 174):
(a)
to destroy the pest, or
(b)
to move the pest to a specified place and there
destroy it within a time specified in the notice, or
(c)
to move the pest to a place where it is not a
pest within a period specified in the notice.
(2)
If the person refuses or fails to comply with a
requirement specified in such a notice, an authorised officer may take the
required action, whether or not it involves taking possession of the
pest.
(3)
An authorised officer who believes on reasonable
grounds that a vehicle may contain a pest (other than a pest that is being
conveyed for the purpose of complying with a requirement made under this
section) may do one or more of the following:
(a)
require the driver to stop the
vehicle,
(b)
search the vehicle,
(c)
if any pest is found in or on the vehicle,
request the driver to move the vehicle to a specified place so that the pest
may be destroyed,
(d)
seize and destroy any pest found in or on the
vehicle.
(4)
A person who fails to comply with a requirement
made of the person under this section by an authorised officer is guilty of an
offence.
Maximum penalty: 40 penalty
units.
171Compliance
notice—pests
(1)
The Minister or a board may, by notice given to
the occupier or owner of any controlled land, impose on the occupier or
owner:
(a)
an inspection charge to cover the reasonable
costs of any inspection of the land for the purposes of this Part,
or
(b)
a charge to cover the reasonable expenses of any
action taken by an authorised officer under this Part as a consequence of the
occupier or owner failing to take any action the occupier or owner is required
to take under this Part.
(2)
The notice is to specify the day on or before
which the charge is to be paid.
(3)
A notice must not be given in respect of any
action taken that a pest control order specifies is to be carried out by the
State free of cost to the occupier or owner of land.
Note—
See Division 1 of Part 13 and Schedules 4 and 5
on recovery of unpaid charges.
172Contributions towards
eradication of pests that are insects
(1)
The Minister may, by notice, require the board
for a district to pay to the Minister an amount as a contribution to the cost
of any action taken by the Minister in eradicating pests that are insects in
the district.
(2)
A notice cannot be given by the Minister under
this section unless the Minister is authorised to give the notice by a pest
control order.
(3)
A contribution is payable within such period
after the notice is given as is specified in the notice or within such other
period as the Minister allows.
(4)
Any contribution that remains unpaid is
recoverable by the Minister from the board in a court of competent
jurisdiction.
173Money advanced or paid to
Minister for eradication of pests that are insects
(1)
The Treasurer may advance to the Minister, on
such terms and conditions as may be determined by the Treasurer in
consultation with the Minister, money required for any of the following
purposes:
(a)
money for purchase of materials for the
eradication of pests that are insects, or
(b)
money for meeting the cost of eradicating pests
that are insects as provided by this Part, or
(c)
money for paying any contribution required to be
made by the State to the Australian Plague Locust
Commission.
(2)
The Minister may apply money advanced under this
section only for the purpose for which it is advanced.
Division 5Miscellaneous
174Approval to keep pest in
captivity or use alternative method of eradication
(1)
Any person may apply in writing to a board that
is empowered by a pest control order to give approval to keep a pest in
captivity for approval for the person to keep the pest in captivity on
specified land.
(2)
Any person may apply in writing to a board that
is empowered by a pest control order to give approval for use of an
alternative method of eradication of a pest to use an alternative method of
eradication described in the application to that specified in the
order.
(3)
A board to which an application is made under
this section may give the approval sought in writing subject to the conditions
(if any) stated in the approval.
(4)
An application under this section is taken (for
the purposes only of any appeal) to have been refused if it has not been
determined within the period of 40 days after the making of the
application.
175Appeal against refusal to
approve keeping of pest in captivity or use alternative eradication
method
(1)
An applicant for an approval under section 174
may appeal to the appropriate local land board against a decision of the board
to which the application was made to refuse to give the approval
sought.
(2)
The appeal must be made within 28 days of the
refusal.
(3)
On hearing the appeal, the local land board
may:
(a)
revoke the decision and give the approval sought
(whether or not subject to conditions), or
(b)
confirm the decision.
(4)
A decision of the local land board on an appeal
is to be given effect to as if it were the decision of the board
concerned.
176Offences relating to pests
kept in captivity
(1)
A person must not keep a pest in captivity on any
land except in accordance with an approval to keep the pest in captivity on
the land given under section 174.
Maximum penalty: 20 penalty
units.
(2)
Any person who (without lawful excuse) liberates,
or attempts to liberate, a pest from captivity is guilty of an
offence.
Maximum penalty: 50 penalty
units.
177Offence of administering
prohibited substance to pests
(1)
A person must not administer any substance to a
pest if the substance is declared by the pest control order relating to the
pest to be a prohibited substance in relation to a pest of that
kind.
Maximum penalty: 100 penalty
units.
(2)
For the purposes of any proceeding for an offence
under this section, if it is proved that a prohibited substance was
administered to a pest, it is, until the contrary is proved, to be presumed
that the owner (if any) of the pest administered the
substance.
178Offences involving fences and
pests and conveyance of pests
(1)
A person must not, without lawful excuse, carry,
drive or pass a pest through, under or over a fence or gate on any land
(whether controlled land or otherwise) that is designed to prevent such a pest
from entering land.
Maximum penalty: 50 penalty
units.
(2)
A person must not, without lawful excuse:
(a)
leave open a gate in a fence on any land (whether
controlled land or otherwise) that is designed to prevent pests from entering
land, or
(b)
destroy or damage any such fence or gate,
or
(c)
interfere with any such fence or gate or the
surface or subsurface under it in a manner likely to impair its effectiveness
as a barrier to such pests.
Maximum penalty: 50 penalty
units.
(3)
A person must not, without lawful excuse, convey
a live pest from one place to another (whether by vehicle or
otherwise).
Maximum penalty: 200 penalty
units.
179Damage, destruction, removal
of eradication devices
A person must not, without lawful excuse:
(a)
destroy, damage or remove any thing that is being
used or intended to be used for the purposes of eradicating pests in
accordance with this Part, or
(b)
interfere with any such thing in a manner that is
likely to impair its effectiveness.
Maximum penalty: 50 penalty
units.
180Campaigns for eradication of
pests
(1)
A board may conduct (or participate in the
conduct of) campaigns for the eradication of pests and may make any necessary
arrangements and take all necessary steps for carrying out such
campaigns.
(2)
Arrangements under this section may be made with
other boards, with the occupiers or owners of land or persons within the
board’s district or with the government of this or any other State, the
Commonwealth or a Territory.
181Disputes between a Minister
and another Minister
(1)
If a dispute arises between the Minister and
another Minister or between the Minister and the Minister responsible for a
public authority in connection with:
(a)
the eradication of pests on the whole or part of
public land for which the other Minister or a public authority is responsible,
or
(b)
the implementation of any measure with respect to
the eradication of pests on that land,
a party to the dispute may submit the dispute to the
Premier for settlement.
(2)
On submission of a dispute to the Premier, the
Premier may hold an inquiry into the dispute and may make such decisions about
the dispute as the Premier thinks fit, having regard to the public interest
and the circumstances.
(3)
A Minister or public authority must comply with a
decision of the Premier under this section and for that purpose is empowered
to do so, despite the provisions of this or any other
Act.
Part 12Powers of authorised
officers
Division 1Preliminary
182Power of
entry
(1)
An authorised officer may enter any premises to
enable the authorised officer to exercise any function conferred or imposed on
the authorised officer, or any function of the board the officer is authorised
to exercise, by or under this Act.
(2)
The authorised officer may enter premises with
such persons and with such vehicles, horses and dogs as the authorised officer
considers are necessary to enable or assist the authorised officer to exercise
the function concerned.
183Purposes for which powers
under Part may be exercised
Powers may be exercised under this Part for the
following purposes:
(a)
for determining whether there has been compliance
with or a contravention of this Act or the regulations or any order, licence,
notice, permit or requirement issued or made under this
Act,
(b)
for obtaining information or records for purposes
connected with the administration of this Act,
(c)
for the purpose of enabling a board, the
authorised officer or any other person to exercise any function conferred or
imposed on the person under this or any other Act.
184Effect on other
functions
Nothing in this Part affects any function under
any other Part of this Act.
Division 2Authorised
officers
185Authorised
officers
An authorising authority may appoint a police
officer or any other person (including a class of persons) as an authorised
officer for the purposes of this Act.
Note—
Authorising authority is defined in
the Dictionary.
186Scope of
authority
(1)
An authorisation of a person as an authorised
officer can be given generally, or subject to conditions, limitations or
restrictions or only for limited purposes.
(2)
The authority of an authorised officer may be
limited by the relevant instrument of appointment to the functions, or the
exercise of functions in such part of the district of the board, as are
specified in the instrument of appointment.
(3)
If such authorisation is given subject to
conditions, limitations or restrictions or only for limited purposes, nothing
in this Act authorises or requires the authorised officer to act in
contravention of the conditions, limitations or restrictions or for other
purposes.
187Identification
(1)
Every authorised officer, other than a police
officer, is to be provided by the authorising authority with an identification
card.
(2)
In the course of exercising the functions of an
authorised officer under this Act, an authorised officer, other than a police
officer, must, if requested to do so by any person affected by the exercise of
the functions, produce the officer’s identification card to the
person.
(2A)
In the course of exercising the functions of an
authorised officer under this Act, an authorised officer who is a police
officer must, if requested to do so by any person affected by the exercise of
the functions, produce his or her identification as a police officer (unless
he or she is in uniform).
(3)
An identification card is a card that:
(a)
states that it is issued under this Act,
and
(b)
gives the name of the person to whom it is
issued, and
(c)
describes the nature of the powers conferred and
the source of the powers, and
(d)
states the date (if any) on which it expires,
and
(e)
describes the kind of premises to which the power
extends, and
(f)
bears the signature of the person prescribed by
the regulations for the purposes of this paragraph.
s 187: Am 2002 No 33,
Sch 3 [2] [3].
188Time of
entry
An authorised officer may enter any premises at
any reasonable time.
189Entry into residential
premises only with permission or warrant
This Part does not empower an authorised officer
to enter any part of premises used only for residential purposes without the
permission of the occupier or the authority of a search warrant issued under
section 196.
190Powers of authorised officers
to do things on premises
(1)
An authorised officer may, at any premises
lawfully entered, do anything that in the opinion of the authorised officer is
necessary to be done for the purposes of this Act, including (but not limited
to) the things specified in subsection (2).
(2)
An authorised officer who enters premises may do
any or all of the following:
(a)
inspect the premises,
(b)
search the premises,
(c)
examine, seize, detain or remove any pest in or
about those premises,
(d)
examine, seize, detain or remove any other thing
that the authorised officer has reasonable grounds to believe is being used to
contravene this Act or the regulations,
(e)
require the production of and inspect any records
in or about those premises,
(f)
take copies of, or extracts or notes from, any
such records,
(g)
require any person in or about those premises to
answer questions or otherwise furnish information,
(h)
require the occupier of those premises to provide
the authorised officer with such assistance and facilities as are reasonably
necessary to enable the authorised officer to exercise his or her
functions,
(i)
remove or destroy or cause to be removed or
destroyed any pest found in or about those premises that is being kept in
captivity without lawful authority,
(j)
break open and search any box, container, package
or receptacle (including any place that could be used as a receptacle) in or
about those premises,
(k)
examine or muster any
stock.
191Notice of
entry
(1)
Before an authorised officer enters premises
under this Part, the authorising authority must give the occupier of the
premises oral or written notice of the intention to enter the occupier’s
premises on a day or within a period of days specified in the
notice.
(2)
The day or any day within the period of days
specified must not be the day on which the notice is
given.
(3)
This section does not require notice to be
given:
(a)
if entry to the premises is made with the consent
of the occupier of the premises, or
(b)
if entry has been authorised by a search warrant
issued under section 196, or
(c)
if entry is required urgently and the board has
authorised in writing (either generally or in the particular case) entry
without notice, or
(d)
if entry is required to eradicate any pest kept
in captivity without lawful authority.
192Use of
force
(1)
Reasonable force may be used for the purpose of
gaining entry to any premises (other than residential premises) under a power
conferred by this Part but only if authorised by the authorising authority in
accordance with this section and in accordance with any
guidelines.
(2)
No force is to be exercised in any case unless
the authorising authority has authorised in writing (either in a specified
class of cases or in the particular case) the use of force in the
circumstances of the case.
(3)
A general authority given by the authorising
authority for the use of force is invalid. The authority is to specify the
circumstances that are required to exist in a case before force is
used.
193Notification of use of force
or urgent entry
(1)
An authorised officer must give the authorising
authority prompt oral or written advice of:
(a)
any use of force by the authorised officer for
the purpose of gaining entry to premises, or
(b)
any entry to premises by the authorised officer
without notice having been given to the occupier of the premises of the
intention to enter as required by section 191.
(2)
The authorising authority must give notice of the
entry to such persons or authorities as appear to be appropriate in the
circumstances.
194Care to be
taken
In the exercise of a function under this Part, an
authorised officer must do as little damage as
possible.
195Compensation
An authorising authority must compensate all
interested parties for any damage caused by an authorised officer who enters
premises under this Part in entering the premises (but not any damage caused
by exercising any other function), unless the occupier of the premises
obstructed, hindered or restricted the authorised officer in the exercise of
the power of entry.
196Search
warrant
(1)
An authorised officer may apply to an authorised
justice for a search warrant if the authorised officer has reasonable grounds
for believing that a provision of this Act or the regulations has been or is
being or is about to be contravened in or about any
premises.
(2)
An authorised officer may not apply for a search
warrant to search premises unless the authorised officer has notified the
authorising authority of the intended application.
(3)
An authorised justice to whom an application is
made under this section may, if satisfied that there are reasonable grounds
for doing so, issue a warrant authorising an authorised officer named in the
warrant to enter the premises and to exercise there the powers under section
190.
(4)
Part 3 of the Search Warrants
Act 1985 applies to a search warrant issued under this
section.
(5)
In this section, authorised justice has the same
meaning as it has in the Search Warrants Act
1985.
197Authorised officer may request
assistance
(1)
An authorised officer may request the assistance
of any police officer if the authorised officer reasonably believes that the
performance of functions conferred or imposed by or under this Act will be
obstructed.
(2)
An authorised officer may request the assistance
of any person the authorised officer believes to be capable of providing
assistance in the performance of functions conferred or imposed by or under
this Act.
Division 3Offences in relation to
authorised officers
198Offence: obstructing
authorised officer
(1)
A person who:
(a)
prevents an authorised officer from exercising a
function conferred or imposed by or under this Act, or
(b)
hinders, obstructs, threatens or assaults an
authorised officer in the exercise of such a function, or
(c)
without reasonable excuse, refuses or fails to
comply with a requirement made or to answer a question of an authorised
officer asked in accordance with this Act or the regulations,
or
(d)
furnishes an authorised officer with information
knowing that it is false or misleading in a material
particular,
is guilty of an offence.
Maximum penalty: 50 penalty
units.
(2)
A person is not guilty of an offence under
subsection (1) (c) unless it is established that, at the material time, the
authorised officer:
(a)
identified himself or herself as an authorised
officer, and
(b)
warned the person that a failure or refusal to
comply with the requirement may constitute an
offence.
s 198: Am 2000 No 93,
Sch 1.23 [2].
199Offence: impersonating
authorised officer or other authorised person
A person who impersonates or falsely represents
that the person is an authorised officer is guilty of an
offence.
Maximum penalty: 10 penalty
units.
Part 13Enforcement
provisions
Division 1Recovery of outstanding rates,
charges and other amounts
200Sale of land for unpaid
amounts owing to board
Schedule 5 has effect.
201Recovery of rates, charges,
fees and other unpaid amounts
(1)
Any rate, charge, fee or other money due to a
board or any other person under this Act may be recovered by the board or
person as a debt in a court of competent jurisdiction.
(2)
The amount of any judgment that is recovered in
proceedings brought under this section, and of any costs awarded to the board
or other person concerned in respect of the proceedings is a charge on any
land (other than public land) concerned.
(3)
Schedule 5 applies to an amount or any part of an
amount awarded or ordered to be paid to a board or other person under this
section that remains unpaid after the expiration of 5 years from the date of
the judgment or order of the court concerned.
202Accrual of interest on overdue
rates, charges and other amounts
(1)
Interest accrues on rates, charges and other
amounts payable to a board, the Minister or any other person under this
Act.
(2)
Interest accrues on a daily basis or on such
other basis as is determined by the board or person
concerned.
(3)
The rate of interest is that set by the board or
person concerned but must not exceed the rate specified for the time being by
the Minister by notice published in the Gazette.
(4)
Accrued interest is, for the purpose of its
recovery, taken to be a rate, charge or amount that is due and
payable.
(5)
Interest continues to accrue on unpaid rates,
charges or amounts even though judgment for payment of the rates, charges or
amounts may have been obtained in a court. Interest is not payable on the
judgment debt, despite any other Act.
203Special provision with respect
to recovery of unpaid rates and charges
Despite anything to the contrary in the Limitation Act 1969, proceedings for the
recovery of a rate or charge may be commenced at any time within 20 years
after the date when the rate or charge becomes payable.
Division 2Proceedings for
offences
204Proceedings for
offences
(1)
Proceedings for an offence against this Act or
the regulations are to be dealt with summarily before a Local
Court.
(2)
Proceedings for an offence against this Act may
instead be dealt with summarily before the Supreme Court in its summary
jurisdiction.
(3)
The maximum monetary penalty that may be imposed
by a Local Court in proceedings for an offence against this Act or the
regulations is 100 penalty units.
(4)
The maximum penalty that may be imposed by the
Supreme Court in proceedings for an offence against this Act is the maximum
penalty specified by the relevant section in respect of the
offence.
s 204: Am 1999 No 85,
Sch 2.58; 2001 No 121, Sch 2.184 [1].
205Time within which summary
proceedings may be commenced
(1)
Proceedings for an offence under this Act or the
regulations may be commenced:
(a)
in the case of a prescribed offence—within
but not later than 2 years after the day on which the offence is alleged to
have been committed, or
(b)
in any other case—within but not later than
12 months after that day.
(2)
This section applies only to proceedings that are
to be dealt with summarily.
(3)
This section applies despite anything in the
Criminal Procedure Act 1986 or any other
Act.
(4)
In this section:
prescribed offence means:
(a)
an offence arising under the following
sections:
•
section 76 (Annual returns of land and
stock),
•
section 81 (Notice to be given of changes in
occupancy or ownership of rateable land),
(b)
an offence against this Act that is declared by
the regulations to be a prescribed offence for the purposes of this
section.
s 205: Am 2001 No
121, Sch 2.184 [2].
206Penalty notices for certain
offences
(1)
An authorised officer may serve a penalty notice
on a person if it appears to the officer that the person has committed an
offence against this Act or the regulations, being an offence prescribed by
the regulations as a penalty notice offence.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter determined by a court,
the person may pay, within the time and to the person specified in the notice,
the amount of penalty prescribed by the regulations for the offence if dealt
with under this section.
(3)
A penalty notice may be served personally or by
post.
(4)
If the amount of penalty prescribed for an
alleged offence is paid under this section, no person is liable to any further
proceedings for the alleged offence.
(5)
Payment under this section is not to be regarded
as an admission of liability for the purpose of, and does not in any way
affect or prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(6)
The regulations may:
(a)
prescribe an offence for the purposes of this
section by specifying the offence or by referring to the provision creating
the offence, and
(b)
prescribe the amount of penalty payable for the
offence if dealt with under this section, and
(c)
prescribe different amounts of penalties for
different offences or classes of offences.
(7)
The amount of a penalty prescribed under this
section for an offence is not to exceed the maximum amount of penalty that
could be imposed for the offence by a court.
(8)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
207Penalties to be paid to
prosecuting boards
(1)
Whenever any monetary penalty is imposed for an
offence against this Act that is prosecuted by a board the proper officer of
the court that imposed the penalty or, in the case of a penalty paid under
section 206, the person to whom the penalty is paid must pay the amount of the
penalty to the board.
(2)
An amount paid under this section belongs to the
board concerned.
(3)
This section applies irrespective of any other
law to the contrary.
208Court may order payment of
additional penalty in certain cases
(1)
A court that finds a person guilty of an offence
under a prescribed section (whether or not it convicts the person of the
offence), may, in addition to any other penalty that it may impose, order the
person to pay to the board in whose district the offence was committed an
amount sufficient to reimburse or compensate the board for any expenses
(including any costs of agistment) incurred or losses suffered by the board as
a result of the offence.
(2)
If a court finds that such an offence was
committed on a road or travelling stock reserve located in 2 or more
districts, the court must apportion in an equitable manner the expenses
ordered to be paid in accordance with this section between the boards
concerned.
(3)
In this section:
prescribed section means any of the
following sections:
(a)
section 107 (Movement and grazing of stock
authorised by stock permit must comply with Act and
regulations),
(b)
section 139 (Offence of causing or permitting
stock to use public road, travelling stock reserve or public land without
authority).
209Offences by
boards
(1)
If a board contravenes, whether by act or
omission, any provision of this Act or the regulations, each person who is a
director of the board or who is concerned in the management of the board is
taken to have contravened the same provision if the person knowingly
authorised or permitted the contravention.
(2)
A person may be proceeded against and convicted
under a provision pursuant to this section whether or not the board has been
proceeded against or been convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on a board for an offence committed by the board against this Act or
the regulations.
210Offences relating to provision
of information in relation to certain matters
(1)
A person who, having been required under a
provision of this Act or the regulations to provide information, fails without
reasonable excuse to provide that information is guilty of an
offence.
Maximum penalty: 10 penalty
units.
(2)
A person must not make a statement for the
purposes of this Act to a person engaged in the administration of this Act, or
make a statement in an official document under this Act, that the person
knows:
(a)
is false or misleading in a material respect,
or
(b)
omits material matter.
Maximum penalty: 20 penalty
units.
(3)
A document is an official document under this Act if
it is an application, return, declaration or other document that is required
to be given to the Minister, the State Council, a board, the Director-General
or an authorised officer for the purposes of this Act or the
regulations.
(4)
A person who forges or fraudulently alters any
permit, licence, authority or other document issued or purporting to be issued
under this Act is guilty of an offence.
Maximum penalty: 100 penalty
units.
211Onus of proof concerning
reasonable or lawful excuse
In any proceedings under this Act, the onus of
proving that a person had a reasonable or lawful excuse (as referred to in any
provision of this Act or the regulations) lies with the
defendant.
Note—
See also sections 156 (Public documents) and 158
(Evidence of certain public documents) of the Evidence Act
1995 in relation to proof of various matters in
proceedings under this Act.
Division 3Miscellaneous
212General description of land
sufficient for purposes of legal proceedings
For the purposes of any proceedings, or an order,
notice or permit given, under this Act or the regulations:
(a)
a holding or land need not be described by metes
and bounds, and
(b)
it is sufficient if the holding or land is
referred to by its name, location or boundaries or in any other way that
adequately identifies it.
213Legal proceedings against an
occupier or owner whose name is unknown
If the name of the occupier or owner of a holding
or land is unknown to a person who wishes to serve a notice or other document
or bring proceedings against that occupier or owner under this Act, the notice
or document may be served on, or the proceedings may be brought against, the
occupier or owner of the holding or land without specifying the name of that
occupier or owner.
214Jurisdiction of court or local
land board not to be ousted in certain proceedings
(1)
The jurisdiction of a court or local land board
is not affected merely because, in proceedings before the court or board under
or for the purposes of this Act or the regulations, a question arises
concerning:
(a)
title to land, or
(b)
any matter in which rights in future may be
bound, or
(c)
any general right or
duty.
(2)
A decision of a court or local land board
relating to such a question is not evidence in any other court or in any other
legal proceeding.
Part 14Administration of functions of
State Council and boards
Division 1Administration of State
Council
215Appointment of administrator
of all functions of State Council
(1)
The Minister may, by order published in the
Gazette:
(a)
remove all members of the State Council from
office and appoint a person specified in the order as administrator of all the
functions of the State Council, and
(b)
specify a date by which an election of members is
to be held in accordance with the regulations to fill the vacancies on the
State Council.
(2)
An order may be made if the State Council:
(a)
has failed to comply with any direction of the
Minister concerning, or to carry out to the satisfaction of the Minister, any
of its functions, or
(b)
has failed to enter into a memorandum of
understanding in accordance with section 13, or
(c)
has failed to exercise its functions in
accordance with such a memorandum of understanding.
(3)
The administrator holds office (subject to this
Act) until immediately before the first meeting of the State Council held
after the election.
216Appointment of administrator
of some functions of State Council
(1)
The Minister may, by order published in the
Gazette, appoint a person specified in the order as administrator of one or
more (but not all) of the functions of the State Council specified in the
order.
(2)
An order may be made if the State Council:
(a)
has failed to comply with any direction of the
Minister concerning, or to carry out to the satisfaction of the Minister, the
function or functions specified in the order, or
(b)
has failed to enter into a memorandum of
understanding in accordance with section 13 in respect of the function or
functions specified, or
(c)
has failed to exercise the function or functions
in accordance with such a memorandum of
understanding.
(3)
The administrator holds office (subject to this
Act) for such period as may be specified in the administrator’s
instrument of appointment.
217Effect of appointment of
administrator
(1)
An administrator appointed under this Division
has and may exercise, subject to any conditions specified in the order
appointing the administrator, the functions of the State Council specified in
the order.
(2)
Any delegation or authority made or conferred by
the State Council in respect of any function of the State Council that may be
exercised by an administrator appointed under this Division ceases to have
effect on that appointment.
Division 2Administration of
boards
218Appointment of administrator
of all functions of boards
(1)
The Minister may, by order published in the
Gazette, remove all directors of a board from office and appoint a person
specified in the order as administrator of all the functions of the
board.
(2)
An order may be made:
(a)
if the board fails to hold an election as
required by Schedule 2, or
(b)
if the board has failed to comply with any
request of the State Council under section 27 (State Council may request a
board to take specified action), or
(c)
if the board has insufficient directors to form a
quorum, or
(d)
if the board has failed to carry out any function
relating to animal health or any other matter to the satisfaction of the
Minister, or
(e)
in such other circumstances as may be prescribed
by the regulations.
(3)
An order under subsection (2) (b) or (c) may be
made only at the request of the State Council.
(4)
If the State Council requests the Minister to
make an order on the ground that a board has insufficient directors to form a
quorum, the Minister may, instead of removing the directors from office, by
order published in the Gazette appoint the necessary number of persons
qualified to hold office as directors of the board until the vacancies can be
filled as provided by this Act.
(5)
The administrator holds office (subject to this
Act) until immediately before the first meeting of the board following an
election held in accordance with a direction given under section
221.
(6)
The administrator must, as soon as practicable
after being appointed, take control of all of the property of the board
concerned.
(7)
The administrator must, subject to and in
accordance with any direction of the Minister, exercise the functions of the
board in such manner as appears to the administrator to be in the best
interests of the ratepayers of the district for which the board is
established.
219Appointment of administrator
of some functions of a board
(1)
The Minister may, by order published in the
Gazette, appoint a person specified in the order as administrator of one or
more (but not all) of the functions of a board specified in the
order.
(2)
An order may be made:
(a)
if the board has failed to comply with any
request of the State Council under section 27, or
(b)
if the board has failed to carry out any function
relating to animal health or any other matter to the satisfaction of the
Minister,
(c)
in such other circumstances as may be prescribed
by the regulations.
(3)
An order under subsection (2) (a) may be made
only at the request of the State Council.
(4)
The administrator holds office (subject to this
Act) for such period as may be specified in the administrator’s
instrument of appointment.
220Effect of appointment of
administrator
(1)
An administrator appointed under this Division
has and may exercise, subject to any conditions specified in the order
appointing the administrator, the functions of the board specified in the
order.
(2)
Any delegation or authority made or conferred by
the board in respect of any function of the board that may be exercised by an
administrator appointed under this Division ceases to have effect on that
appointment.
221Administrator to hold special
election of directors when directed to do so
(1)
The Minister may, at any time while an
administrator of a board is holding office under section 218, give to the
administrator a direction requiring the administrator to hold a special
election of directors of the board.
(2)
An administrator of the board that is given such
a direction must:
(a)
by notice published in the Gazette, fix a date
for the holding of a special election of the directors of the board,
and
(b)
hold a special election of directors on that
date.
(3)
The administrator holds office (subject to this
Act) until immediately before the first meeting at the board following an
election held in accordance with this section.
(4)
Unless for any reason they vacate office earlier,
directors who are elected at a special election held under this section cease
to hold office immediately before their successors take office in accordance
with Schedule 2.
Division 3Administration of boards
pending election of directors
222Definitions
In this Division:
amalgamated district means a
district constituted by or as a consequence of an amalgamation by a
proclamation under section 5.
amalgamation facilitator means a
person appointed as an amalgamation facilitator under section
225.
amalgamation proclamation means a
proclamation constituting an amalgamated district.
constituent parts of an amalgamated
district means the divisions of districts and parts of divisions of districts
that are to be amalgamated by a proclamation under section 5 to constitute the
amalgamated district.
223Appointment of an initial
administrator
(1)
As soon as practicable after a district is
constituted (whether or not as a consequence of an amalgamation) under section
5, the Minister must, by notice published in the Gazette:
(a)
appoint an administrator to manage the affairs of
the board pending the election of directors of the board,
and
(b)
fix a period within which the administrator must
hold a general or special election to elect the directors of the
board.
(2)
As soon as practicable within the period fixed in
accordance with subsection (1) (b), or within such extended period as the
Minister allows, the administrator must:
(a)
establish an electors’ roll for the
district and enter on the roll the names, residential addresses and other
particulars (if any) prescribed by the regulations of those persons who,
having the required qualifications, apply to have their names entered on the
roll, and
(b)
hold a general or special election of directors
in accordance with Schedule 2.
(3)
The administrator holds office (subject to this
Act) until immediately before the first meeting at the board following an
election held in accordance with this section.
(4)
Unless for any reason they vacate their offices
earlier, directors who are elected at an election held under this section
cease to hold office immediately before their successors take office in
accordance with Schedule 2.
224Alternative arrangements to
appointment of initial administrator
(1)
Section 223 does not apply to or in respect of an
amalgamated district or any other district constituted under section 5 if the
Minister, at the request of the State Council, makes an order under this
section.
(2)
The Minister may, by order, direct that a person
holding office as a director of a constituent part of an amalgamated district
continue to exercise functions as such a director pending the election of the
directors of the board for the amalgamated district.
(3)
The Minister may, by order, direct that a person
holding office as a director of any district exercise the functions of
director of a district constituted under section 5 (otherwise than by, or as a
consequence of, an amalgamation) pending the election of the directors of the
board for the newly constituted district.
(4)
A person directed to exercise the functions of
the director of a newly constituted district by an order under this section
has and may exercise, subject to any conditions specified in the order, all
the functions of a director of the newly constituted district until the first
meeting of the directors of the board elected for the newly constituted
district.
225Amalgamation facilitator and
other staff
(1)
The Minister may appoint an amalgamation
facilitator and such other persons as the Minister considers necessary to
assist in the conduct of the first election for the directors of an
amalgamated district.
(2)
The amalgamation facilitator:
(a)
has all the functions in respect of the first
election of directors for an amalgamated district that a board for a district
has in respect of a general election of directors for the district,
and
(b)
is to be the returning officer for the first
election for the amalgamated district, and
(c)
is to carry out such other functions as may be
determined by the Minister to facilitate the amalgamation of the district
pending the election of the directors of the board for the
district.
(3)
The Minister may, at any time, remove a person
from office to which the person has been appointed under this
section.
(4)
A person appointed under this section is entitled
to be paid such remuneration (including travelling and subsistence allowances)
as the Minister may from time to time determine in respect of the
person.
(5)
A person who ceases to hold office by virtue of
subsection (3) is not entitled to any remuneration or compensation because of
the loss of office.
226Notification of divisions of
and number of directors of boards for amalgamated
districts
(1)
The Minister must, on publication of an
amalgamation proclamation in the Gazette, publish a notice in the
Gazette:
(a)
dividing the amalgamated district into such
divisions as the Minister considers appropriate, and
(b)
specifying the number of directors to be elected
or appointed for each division.
(2)
Despite subsection (1), the Minister is not
required to divide an amalgamated district in the Western Division into
divisions unless the Minister considers it appropriate to do
so.
(3)
A notice under this section takes effect:
(a)
for the purposes of the first election under this
Part of the directors for the board for the amalgamated district—on the
date of publication of the notice in the Gazette, and
(b)
for all other purposes—on the date the
amalgamation proclamation takes effect.
(4)
A notice under this section is taken to be an
order under section 6.
227Employees, property and
expenditure of affected boards in transitional period
(1)
In this section:
affected
board means a board for a constituent part of an amalgamated
district.
relevant
date means the date the amalgamation proclamation is
published in the Gazette.
(2)
An affected board must not in the period between
the relevant date and the date on which the amalgamation proclamation takes
effect:
(a)
sell or otherwise dispose of any property of the
board, or
(b)
incur any expenses under this or any other Act or
engage any employee otherwise than in accordance with a contract, agreement or
arrangement entered into before the relevant date, or
(c)
remunerate any person on terms more advantageous
than those on which the person was remunerated by the board immediately before
the relevant date, or
(d)
dismiss, or terminate the employment on the
ground of redundancy, any employee other than an employee against whom action
for dismissal or redundancy had commenced before the relevant date,
or
(e)
transfer any employee from the place in the
district in which, immediately before the relevant date, the employee is based
to another place in the district.
(3)
Despite subsection (2), an affected board may
take any action described in that subsection with the approval of the Minister
given in a particular case or class of cases or if the action is taken in
accordance with such terms and conditions as may be specified by order for the
purposes of this subsection by the Minister.
(4)
For the purposes of section 229, any expenditure
incurred by or on behalf of a board in breach of this clause is improperly
incurred.
(5)
The Auditor-General may surcharge a person who
was a director or employee of an affected board at the time the expenditure
was improperly incurred with an amount under section 229 whether or not the
person is a director or employee at the time the surcharge is
imposed.
Division 4Miscellaneous
228Provisions applicable to
administrators
(1)
The regulations may make provision for or with
respect to administrators appointed under this Part.
(2)
Schedule 3 has effect with respect to an
administrator appointed under this Part.
Part 15Surcharges
229Auditor-General may surcharge
for improper expenditure
(1)
The Auditor-General may disallow any expenditure
that has been improperly incurred by or on behalf of the State Council or a
board or any improper entry or transfer appearing in the State Council’s
or a board’s accounting records.
(2)
The Auditor-General may surcharge the members or
employees of the State Council or directors or employees of the board who
incurred or authorised the expenditure or who made or authorised the entry or
transfer with the amount of the expenditure, entry or transfer disallowed by
the Auditor-General.
(3)
The Auditor-General may surcharge a member or
employee of the State Council or a director or employee of a board with the
amount of:
(a)
any deficiency that is attributable to the
culpable negligence or misconduct of the member, director or employee,
or
(b)
any money that the member, director or employee
ought to have accounted for.
230Procedure for
surcharging
(1)
Before surcharging a person, the Auditor-General
must:
(a)
cause notice of the proposed surcharge, and of
the reasons for the proposed surcharge, to be given to the person,
and
(b)
allow the person a reasonable opportunity to make
submissions to the Auditor-General with respect to the proposed surcharge,
and
(c)
take into consideration any submissions made by
the person with respect to the proposed surcharge.
(2)
The Auditor-General must certify in the State
Council’s or board’s accounts the amount by which the
Auditor-General has surcharged any person.
(3)
Immediately on surcharging an amount on any
person, the Auditor-General must give notice of that fact to the person and
specify the day by which the surcharge is payable.
231Right of
appeal
(1)
A person who is surcharged under this Part may,
in accordance with rules of court, appeal to the District Court against the
surcharge.
(2)
Such an appeal must be made within 28 days after
the person is given notice of the surcharge.
(3)
The District Court may confirm or annul the
surcharge or may reduce the amount of the surcharge.
(4)
The Auditor-General must give effect to the
decision of the District Court.
232Recovery of
surcharges
(1)
The amount of a surcharge becomes payable to the
Minister as a debt when the time within which an appeal may be made against
the surcharge expires or, if such an appeal is made and the surcharge is not
annulled, when the appeal is finally determined.
(2)
The Minister may appropriate any money under the
control of the State Council or board or the Crown that is due to a director,
member or employee who has been surcharged towards payment of the surcharge
and direct that it be dealt with in whatever manner the Minister considers
appropriate.
(3)
The amount of a surcharge or any deficiency that
remains after appropriation of any money under subsection (2) is a debt
recoverable by the Minister in a court of competent
jurisdiction.
233Effect of failure to pay
surcharge
(1)
A member of the State Council or a director of a
board who does not pay a surcharge imposed on the member or director under
this Part within the period specified by the Auditor-General:
(a)
ceases to hold office as member or director,
and
(b)
is ineligible for election or appointment as a
member or director while the amount of the surcharge is
unpaid.
(2)
An employee of the State Council or a board who
does not pay a surcharge imposed on the employee within the period specified
by the Auditor-General may be suspended from duty (without pay) by the State
Council or board while the amount of the surcharge is
unpaid.
Part 16Miscellaneous
234Resolution of board
disputes
(1)
The State Council may resolve any dispute to
which this section applies by mediation, arbitration or any other procedure
the State Council considers appropriate.
(2)
This section applies to the following
disputes:
(a)
a dispute between 2 or more boards arising under
this Act,
(b)
a dispute between 2 or more directors of a board
arising under this Act,
(c)
a dispute between a board and one or more of its
directors or members of staff arising under this Act,
(d)
a dispute between a board and a person in
relation to a determination of the board in relation to a
complaint.
(3)
The parties to a dispute referred to in
subsection (2) (a), (b) or (c) must comply with any direction of the State
Council arising out of its resolution of the dispute.
235Resolution of disputes between
State Council and boards
(1)
If a dispute arises between the State Council and
a board in connection with any function conferred or imposed on the State
Council or board by or under this Act, the State Council or board may submit
the dispute to the Director-General for settlement.
(2)
On submission of a dispute to the
Director-General, the Director-General may hold an inquiry into the dispute
and may make such decisions about the dispute as the Director-General thinks
fit, having regard to the public interest and the
circumstances.
(3)
The Director-General may recommend that the
Minister make an order under Part 14 in respect of the State Council or board
if the Director-General considers the inquiry indicates that such an order
should be made.
Note—
The Director-General may delegate this function
to an officer of the Department of Agriculture. See section 241
(Delegation).
(4)
The State Council and the board must comply with
a decision of the Director-General under this section.
236Certificate as to rates,
charges and other matters
(1)
Any person may apply to a board for a certificate
as to any of the following matters:
(a)
the amount (if any) due or payable to the board
by way of rates, charges or other amounts in respect of the
land,
(b)
the person liable to pay any amount referred to
in paragraph (a),
(c)
any other matter prescribed by the regulations
for the purposes of this section.
(2)
The application must be in the approved form and
be accompanied by the fee prescribed by the regulations.
(3)
The board is to issue a certificate to the
applicant in the approved form containing the information
sought.
(4)
The production of the certificate is conclusive
proof of the matters certified.
(5)
For the purposes of this section, rates, charges
or other amounts are taken to be due or payable even though the requisite
period after service of any relevant rate or other notice may not have
expired.
237Owner of stock may be ordered
to muster stock
(1)
An authorised officer of the Minister or a board
may, with the approval of the Minister or board, order a person who owns stock
to muster the stock on the person’s holding (or on a designated part of
it) or at some other designated place for a purpose and at a time specified in
the order.
(2)
A person who fails to comply with such an order
at the time specified in it is guilty of an offence.
Maximum penalty: 20 penalty
units.
(3)
If a person fails to comply with such an order at
the specified time the authorised officer may have the muster carried out at
the person’s expense.
(4)
The Minister or the board concerned may recover
the expense of having a muster carried out under this section as a debt in any
court of competent jurisdiction.
238Protection from
liability
(1)
A matter or thing done by the State Council, a
board, a member or employee of the State Council, a director or employee of a
board, an authorised officer or any person acting under the direction or
authority or with the concurrence of the State Council or a board does not, if
the matter was done in good faith for the purpose of executing this or any
other Act or in accordance with any policy direction of the government
communicated to the State Council or a board by the Minister or the
Director-General, subject a member, director, employee, authorised officer or
person so acting personally, or the Crown, to any action, liability, claim or
demand.
(2)
A matter or thing done by the State Council or a
board does not, if the matter or thing was done in good faith for the purpose
of executing this or any other Act or in accordance with any policy direction
of the government communicated to the State Council or the board by the
Minister or the Director-General, subject the State Council or board, or the
Crown, to any action, liability, claim or demand.
(3)
A matter or thing done by the Minister, or the
Director-General or any person acting under the direction of the Minister or
the Director-General does not, if the matter was done in good faith for the
purpose of executing this Act, subject the Minister, Director-General or
person so acting personally, or the Crown, to any action, liability, claim or
demand.
239Form of
notices
Any notice or other document issued, made or
given for the purposes of this Act or the regulations must be in writing,
except where this Act expressly authorises another means of giving
notice.
240Service and giving of notices
and other documents
(1)
For the purposes of this Act and the regulations,
a notice or document may be given to a person (or a notice or document may be
served on a person) by:
(a)
in the case of a natural person:
(i)
delivering it to the person personally,
or
(ii)
sending it by pre-paid post to the address
specified by the person for the giving or service of notices or documents or,
if no such address is specified, the residential or business address of the
person last known to the person giving or serving the document,
or
(iii)
sending it by facsimile transmission to the
facsimile number of the person, or
(b)
in the case of a body corporate:
(i)
leaving it with a person apparently of or above
the age of 16 years at, or by sending it by pre-paid post to, the head office,
a registered office or a principal office of the body corporate or to an
address specified by the body corporate for giving or serving the document,
or
(ii)
sending it by facsimile transmission to the
facsimile number of the body corporate.
(2)
Without limiting subsection (1) (b), a document
to be given to (or served on) a board may be given to or served on the
chairperson, director or any authorised officer authorised by the board to
accept it.
(3)
Without limiting subsection (1) (b), a document
to be given to or served on the State Council may be given to or served on the
chairperson or Chief Executive Officer of the State
Council.
241Delegation
(1)
The Minister may delegate any of the
Minister’s functions under this Act or the regulations (other than this
power of delegation).
(2)
The Director-General may delegate any of the
Director-General’s functions under this Act or the regulations (other
than this power of delegation) to an officer of the Department of Agriculture,
the State Council, a board or any authorised officer.
(3)
A board may delegate any of the board’s
functions under this Act or the regulations (other than this power of
delegation or any function conferred on the board as an authorising authority
under Part 12) to a director of the board, a member of staff of the board or
an authorised officer.
(4)
The State Council may delegate any of the State
Council’s functions under this Act or the regulations (other than this
power of delegation or any other function specified by the regulations) to a
member of the State Council, a member of staff of the State Council, a board,
a director of a board or any authorised officer.
242Appeal
procedure
(1)
An appeal to a local land board under this Act
against a decision or rate levied by a board is to be made by lodging a notice
of appeal in the approved form with the registrar of the appropriate local
land board.
(2)
The notice of appeal is to be accompanied by a
fee of $50 (or such other amount as may be prescribed by the
regulations).
(3)
The appellant is to give a copy of the notice of
appeal to the board that made the decision or levied the rate being appealed
against.
(4)
The Chairperson of the local land board to which
an appeal is made is to give both the appellant and the board at least 7
days’ notice of the time fixed for the hearing of the
appeal.
243Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
Without limiting subsection (1), regulations may
be made for or with respect to the following:
(a)
the walking and grazing of
stock,
(b)
the erection of signs when stock are walking or
grazing on or near a road and the responsibility of drivers in respect of such
signs,
(c)
the use of travelling stock reserves and the use
of any structures or things constructed or kept on those
reserves,
(d)
the use or lease of any stock watering
place,
(e)
permits, licences, authorities and other
documents for the purposes of this Act or the regulations,
(f)
the insurance to be effected and bonds to be
given or obtained in connection with the use of such
documents,
(g)
the identification of stock,
(h)
fees, rates and charges payable under this Act or
the regulations.
(3)
The regulations may make provision, not
inconsistent with the State Records Act
1998, with respect to the maintenance, preservation and
destruction of records kept under this Act.
(4)
A regulation may create an offence punishable by
a maximum penalty not exceeding 50 penalty units.
244Exemptions
The regulations may exempt from the operation of
all or any of the provisions of Part 7, 8 or 10A any specified land or class
of land, any specified person or class of persons or any specified activities
or class of activities in such circumstances, and subject to such conditions,
as may be specified in the regulations.
s 244: Am 2002 No 33,
Sch 3 [4].
245Repeals
(1)
The Rural Lands Protection Act
1989 is repealed.
(2)
The Rural Lands Protection Regulation
1995 is repealed.
(3)
Different days may be appointed for the
commencement of subsection (1) or (2) for the purpose of repealing, on
different days, different provisions of the instrument referred to in the
subsection.
246Amendment of other Acts and
instruments
Each Act and instrument specified in Schedule 6
is amended as set out in that Schedule.
247Savings and transitional
provisions
Schedule 7 has effect.
248Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.