An Act to amend the Local Land Services Act 2013 to make further provision with respect to the management of Local Land Services; and for other purposes.
1 Name of Act
This Act is the Local Land Services Amendment Act 2017.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by subsection (2).(2) Schedules 1 [2], [3], [6]–[9], [11], [12], [15]–[21], [23] and [25] and 2.2 commence on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Local Land Services Act 2013 No 51
[1] Section 3 Objects of Act
Omit “operational” from section 3 (c).
[2] Section 10 Control and management of Local Land Services
Omit “Chair of the Board of Chairs” wherever occurring in section 10 (2) and (3).Insert instead “Chief Executive Officer”.
[3] Section 12 Control and direction in emergency responses
Omit “Board of Chairs” from section 12 (2). Insert instead “Local Land Services Board”.
[4] Section 12 (2) (b)
Omit “the staff of Local Land Services” and “to Local Land Services and the staff”.Insert instead “its staff” and “to Local Land Services and its staff”, respectively.
[5] Sections 16 (3) (c), 17 (4) (d), 18 (3) (d), 31 (3) (b) and 35 (3) (e) (i)
Omit “the staff of” wherever occurring. Insert instead “staff of”.
[6] Sections 17 (4) (b), 18 (3) (b), 25 (2) (a) and 205 (d)
Omit “Chair of the Board of Chairs” wherever occurring. Insert instead “Chair”.
[7] Part 3, heading
Insert “Local Land Services” before “Board”.
[8] Part 3, Division 1, heading
Omit “Board of Chairs”. Insert instead “Local Land Services Board”.
[9] Section 25 Establishment of Local Land Services Board
Omit “Board of Chairs” from section 25 (1). Insert instead “Local Land Services Board”.
[10] Section 26 Functions of the Board
Omit section 26 (1). Insert instead:(1) The Board has the following functions:(a) to determine the general policies and strategic direction of Local Land Services,(b) to determine the policies, procedures and directions of Local Land Services in accordance with which a local board must exercise its functions,Note—See section 29 (2).(c) such other functions as are conferred or imposed on it by or under this or any other Act or law.(1A) Without limiting subsection (1) (a), the Board is to determine the general policies and strategic direction of Local Land Services with respect to the following:(a) organisational governance and strategy,(b) risk management,(c) service delivery priorities,(d) community engagement.
[11] Section 26A
Insert after section 26:26A Chair of Local Land Services Board(1) There is to be a Chair of the Local Land Services Board.(2) The Chair is to be appointed by the Minister.(3) Schedule 2A contains provisions relating to the Chair.
[12] Part 10 Pests
Omit the Part.
[13] Sections 154 and 155
Omit the sections.
[14] Section 200A
Insert before section 201:200A Contributions towards management of pests under Biosecurity Act 2015(1) The Biosecurity Minister may, by notice, require Local Land Services to pay to the Biosecurity Minister an amount as a contribution to the cost of any action taken or to be taken to manage pests under the Biosecurity Act 2015.(2) 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 Biosecurity Minister allows.(3) Any contribution that remains unpaid is recoverable by the Biosecurity Minister from Local Land Services in a court of competent jurisdiction.(4) The regulations may make provision for or with respect to notices and contributions under this section.(5) In this section:Biosecurity Minister means the Minister administering the Biosecurity Act 2015.manage a pest means to prevent, eliminate, minimise or manage the biosecurity risk posed by, or the biosecurity impact of, a pest, within the meaning of the Biosecurity Act 2015.pest means a pest within the meaning of the Biosecurity Act 2015 (other than a pest that is a plant).
[15] Schedule 2 Constitution and procedure of Board and local boards
Omit “Board of Chairs” wherever occurring in clauses 1 and 5.Insert instead “Local Land Services Board”.
[16] Schedule 2, clause 2 (1)
Omit “3 years” wherever occurring. Insert instead “4 years”.
[17] Schedule 2, Part 2, Division 2, heading
Omit “the Board of Chairs”. Insert instead “Local Land Services Board”.
[18] Schedule 2, clause 14 (2)
Insert at the end of clause 14:(2) The Chief Executive Officer may attend meetings of the Board and participate in discussions of the Board but is not entitled to vote at a meeting.
[19] Schedule 2A
Insert after Schedule 2:Schedule 2A Provisions relating to Chair of Local Land Services Board(Section 26A (3))1 Term of officeThe Chair of the Local Land Services Board holds office for such term, not exceeding 4 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.2 Basis of officeThe office of the Chair may be a full-time or part-time office, according to the terms of appointment.3 Employment and remuneration(1) The employment of the Chair is (subject to this Schedule) to be governed by a contract of employment between the Chair and the Minister.(2) The following provisions of or made under the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to the Chair (but in the application of those provisions a reference to the employer of any such executive is to be read as a reference to the Minister):(a) provisions relating to the band in which an executive is to be employed,(b) provisions relating to the contract of employment of an executive,(c) provisions relating to the remuneration, employment benefits and allowances of an executive,(d) provisions relating to the termination of employment of an executive.4 Vacancy in office(1) The office of the Chair becomes vacant if the holder:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(e) becomes a mentally incapacitated person, or(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(g) is removed from office by a termination of employment as referred to in clause 3 (2) (d).(2) If the office of the Chair becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.5 Chair not Public Service employeeThe office of the Chair is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office (except as provided by clause 3).6 Acting Chair(1) The Minister may, from time to time, appoint a person to act in the office of the Chair during the illness or absence of the Chair (or during a vacancy in the office of the Chair) and the person, while so acting, has all the functions of the Chair and is taken to be the Chair.(2) The Minister may, at any time, remove a person from office as acting Chair.(3) An acting Chair 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.
[20] Schedule 3 Charges on land for unpaid amounts
Omit “(Sections 94 and 153)”. Insert instead “(Section 94)”.
[21] Schedule 3, clause 1
Omit the clause. Insert instead:1 DefinitionIn this Schedule, compliance notice means a notice under section 94 (Compliance notice—fencing).
[22] Schedule 5 Sale of land for unpaid money owing to Local Land Services
Omit paragraph (c) of the definition of charge in clause 1.
[23] Schedule 5, clause 1
Omit the clause. Insert instead:1 DefinitionIn this Schedule, charge means a charge or an amount payable under section 94 (Compliance notice—fencing).
[24] Schedule 6 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:Part Provision consequent on enactment of Local Land Services Amendment Act 2017Repeal of Part 10Schedules 3 and 5, as in force immediately before the repeal of Part 10 by the Local Land Services Amendment Act 2017, continue to apply to compliance notices given, and charges imposed, under that Part before that repeal.
[25] Dictionary
Omit the definitions of Board and Chair of the Board of Chairs.Insert in alphabetical order:Board means the Local Land Services Board established by section 25.Chair means the Chair of the Local Land Services Board.Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of Local Land Services.
Schedule 2 Amendment of other legislation
Schedule 8 Amendment of other legislation
Omit Schedule 8.26 [10].
Schedule 1 Public Service agencies
Omit “Chair of the Board of Chairs under the Local Land Services Act 2013” from the matter relating to the Local Land Services Staff Agency in Part 2.Insert instead “Chief Executive Officer of Local Land Services”.
Clause 7 Special purpose pest management rates
Omit “to the costs of eradicating pests that are insects under section 154 of the Act” from clause 7 (1).Insert instead “, under section 200A of the Act, to the costs of managing pests under the Biosecurity Act 2015”.