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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Land Services Bill 2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Meaning of "local land services" and "State priorities
for local land services" 2
5 Interpretation 3
6 Regions 3
7 Abolition, establishment, amalgamation or change
of name or boundaries of regions 3
Part 2 Local Land Services
Division 1 Constitution and management of Local
Land Services
8 Constitution of Local Land Services 5
b2013-035-19.d18
Local Land Services Bill 2013
Contents
Page
9 Status of Local Land Services 5
10 Control and management of Local Land Services 5
11 Ministerial control 5
12 Control and direction in emergency responses 6
13 Staff of Local Land Services 6
Division 2 Functions of Local Land Services
14 Functions generally 7
15 Memorandum of understanding 7
16 Delegation of Local Land Services functions 8
17 Delegation of Ministerial functions 8
18 Delegation of Director-General's functions 9
Division 3 Finance and audit
19 Local Land Services Fund 9
20 Payments into and from Fund 9
21 Investment powers in relation to Fund 10
22 Fees for services 10
23 Annual report to include certain matters 10
24 Audit of Local Land Services 11
Part 3 The Board and local boards
Division 1 The Board of Chairs
25 Establishment of Board of Chairs 12
26 Functions of the Board 12
Division 2 Local boards
27 Local boards 12
28 Status of local boards 13
29 Functions of local boards 13
30 Local annual reports 14
31 Delegation of local board's functions 14
32 Keeping Board informed 15
33 Local community advisory groups 15
Division 3 Honesty and conduct
34 Conduct of Board and local board members 15
35 Codes of conduct 15
Part 4 Planning the delivery of local land services
Division 1 State strategic plan
36 Purpose and term of State strategic plan 17
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Local Land Services Bill 2013
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37 Preparation of draft State strategic plan 17
38 Contents of draft State strategic plan 17
39 Consultation on draft State strategic plan 18
40 Submission of draft State strategic plan for approval 18
41 Approval of draft State strategic plan 18
42 Publication of State strategic plan 19
43 Amendment, replacement or revocation of plans 19
44 Periodic review and auditing of plans 19
Division 2 Local strategic plans
45 Purpose and term of local strategic plans 20
46 Preparation of draft local strategic plans 20
47 Contents of draft local strategic plans 20
48 Consultation on draft local strategic plan 21
49 Review of draft local strategic plan by Local Land
Services 21
50 Submission of draft local strategic plans for approval 21
51 Approval of draft local strategic plans 22
52 Publication of local strategic plans 22
53 Amendment, replacement or revocation of plans 23
54 Periodic review and auditing of local strategic plans 23
Part 5 Rates, levies and contributions
Division 1 Preliminary
55 When is a holding within a region? 24
Division 2 Rates, levies and contributions
56 What is rateable land? 24
57 Imposition of rates, levies and contributions 24
Division 3 Annual returns
58 Annual returns of land and stock 25
59 Change of occupier after lodgment of return 25
60 Duty to supply information in respect of land or stock 25
Part 6 Travelling stock reserves and public roads
Division 1 Preliminary
61 Definitions 26
Division 2 Controlled travelling stock reserves
62 Vesting care, control and management of certain
travelling stock reserves in Local Land Services 26
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Local Land Services Bill 2013
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63 Withdrawal of care, control and management from
authority 27
64 Withdrawal of land required for public purpose from
travelling stock reserve 27
65 Compensation for improvements made before
withdrawal 28
Division 3 Timber on controlled travelling stock
reserves
66 Removal or destruction of timber 28
67 Use of felled timber 28
68 Licences to remove timber 29
69 Relationship to other Acts 29
Division 4 Closure of controlled travelling stock
reserves
70 Closure orders 29
71 Notice of closure 30
Division 5 Use of travelling stock reserves and
public roads
72 Unauthorised uses of travelling stock reserves 30
73 Unauthorised use of public roads 30
74 Authorised use of travelling stock reserves for
recreational activities 31
75 Certain occupiers of land to have a right of access
over travelling stock reserves 31
76 Appeal about right of way conditions 32
77 Reserve use permit 32
78 Stock permits authorising certain uses of travelling
stock reserves and public roads 32
79 Applications for stock permits and reserve use permits 33
80 Duration of stock permits and reserve use permits 35
81 Cancellation or suspension of stock permits and
reserve use permits 35
82 Classes of stock permits and reserve use permits 35
83 Conditions of stock permits and reserve use permits 35
84 Movement and grazing of stock authorised by stock
permits must comply with Act and regulations 36
85 Stock permits controlled for adjoining regions 36
86 Appeals concerning the issue, cancellation or
suspension of permits 36
87 Compensation 37
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Local Land Services Bill 2013
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Division 6 Fencing of boundaries of controlled
travelling stock reserves
88 Definitions 37
89 Application of Division 37
90 Exclusion of Dividing Fences Act 1991 37
91 Owner of land adjoining travelling stock reserve may
be required to carry out fencing work 37
92 Fencing notice to specify contributions payable 38
93 Costs of fencing work 38
94 Compliance notice--fencing 38
95 Application to local land board 39
96 Jurisdiction of local land board not to be ousted in
certain cases 39
97 Local land board may allow time for payment 39
98 Right to refer matters to Land and Environment Court 39
99 Powers of Local Land Services with respect to fences 40
Division 7 Miscellaneous
100 Local Land Services not liable for use of pesticides
or chemicals on reserves 40
101 Local Land Services not liable for injury attributable
to diseased travelling stock 40
102 When may Local Land Services impound bees
or beehives placed or kept on a controlled travelling
stock reserve? 41
103 Orders for mustering of stock 41
104 Power of Local Land Services to recover compensation
in respect of damage caused to or on controlled
travelling stock reserve 42
105 Exemption power--Local Land Services 42
Part 7 Stock watering places
106 Declaration of stock watering places 44
107 Declaration of stock watering place as town water
supply 44
108 Which bodies are to be controlling authorities of
stock watering places? 44
109 Controlling authority may construct water storage works 44
110 Compensation for improvements on former stock
watering place 45
111 Leases of stock watering places 45
112 Controlling authority and lessee to supply water to
certain persons and stock 46
113 Offence to damage stock watering place 46
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Local Land Services Bill 2013
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Part 8 Impounding of unattended and trespassing
stock and abandoned articles
114 Definitions 47
115 Unattended stock 47
116 Offence of causing or permitting stock to be on a
public road, travelling stock reserve or public land
without authority 47
117 Release of impounded stock 48
Part 9 Transportation of stock by vehicle
118 Definitions 49
119 Stock transportation particulars 49
120 Restrictions on the transport of stock by vehicle
on a road 50
121 Restriction on the consignment of stock by rail,
water or air transport 51
122 Records of transported stock statements to be retained 52
123 Powers to stop and search vehicles transporting stock 52
124 Person in charge of vehicle transporting stock to give
name and other particulars 54
125 Stock Transportation Accreditation Committee 54
126 Application for accreditation 55
127 Approval of form of transported stock statement 55
Part 10 Pests
Division 1 Preliminary
128 Definitions 56
129 Part binds Crown 56
Division 2 Pest control orders
130 Minister may make pest control orders 56
131 When can a pest control order be made? 58
132 Requests by Local Land Services for making of
pest control orders 58
133 Public notice of proposal to make order 59
134 Consultation 59
135 Minister may waive notice and consultation requirements 59
136 Making of order 60
137 Notice of making of order 60
138 When does a pest control order take effect? 60
139 Duration of pest control order 60
140 Amendment and revocation of pest control orders 60
141 Compliance with Division 60
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Local Land Services Bill 2013
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142 Obligations of owners and occupiers of private land 61
143 Obligations of occupiers of public land 61
Division 3 Eradication orders
144 When may eradication orders be given? 62
145 Period for compliance with eradication order 62
146 Reasons for order to be given 62
147 Notice of right to appeal against order 62
148 Appeal against individual eradication order of Local
Land Services 63
149 Individual eradication order of Minister 63
150 Obligations to comply with eradication orders 64
Division 4 Powers of authorised officers and others
concerning eradication of pests
151 Eradication of pests 64
152 Destruction of pests may be required 64
153 Compliance notice--pests 65
154 Contributions towards eradication of pests that are
insects 65
155 Money advanced or paid to Minister for eradication
of pests that are insects 66
Division 5 Miscellaneous
156 Approval to keep pest in captivity or use alternative
method of eradication 66
157 Appeal against refusal to approve keeping of pest
in captivity or use alternative eradication method 67
158 Offences relating to pests kept in captivity 67
159 Offence of administering prohibited substance to pests 67
160 Offences involving fences and pests and conveyance
of pests 67
161 Damage, destruction, removal of eradication devices 68
162 Campaigns for eradication of pests 68
163 Disputes between a Minister and another Minister 68
Part 11 Powers of authorised officers
Division 1 Preliminary
164 Power of entry 70
165 Purposes for which powers under Part may be exercised 70
166 Effect on other functions 70
Division 2 Authorised officers
167 Authorised officers 70
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Local Land Services Bill 2013
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168 Scope of authority 70
169 Identification 71
170 Time of entry 71
171 Entry into residential premises only with permission
or warrant 71
172 Powers of authorised officers to do things on premises 72
173 Notice of entry 72
174 Use of force 73
175 Notification of use of force or urgent entry 73
176 Care to be taken 73
177 Compensation 74
178 Search warrant 74
179 Authorised officer may request assistance 74
Division 3 Offences in relation to authorised officers
180 Offence: obstructing authorised officer 74
181 Offence: impersonating authorised officer or other
authorised person 75
Part 12 Enforcement provisions
Division 1 Recovery of outstanding rates, charges
and other amounts
182 Sale of land for unpaid amounts owing to Local Land
Services 76
183 Recovery of rates, charges, fees and other unpaid
amounts 76
184 Accrual of interest on overdue rates, charges and
other amounts 76
185 Special provision with respect to recovery of unpaid
rates and charges 77
186 Rebates, waiver, refund or writing off of rates, charges
and other amounts 77
Division 2 Proceedings for offences
187 Proceedings for offences 77
188 Time within which summary proceedings may be
commenced 77
189 Penalty notices for certain offences 78
190 Penalties belong to Local Land Services 79
191 Court may order payment of additional penalty in
certain cases 79
192 Offences relating to provision of information in relation
to certain matters 79
193 Onus of proof concerning reasonable or lawful excuse 80
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Local Land Services Bill 2013
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Division 3 Miscellaneous
194 General description of land sufficient for purposes of
legal proceedings 80
195 Legal proceedings against an occupier or owner whose
name is unknown 80
196 Jurisdiction of court or local land board not to be ousted
in certain proceedings 81
197 Proof of certain matters not required 81
Part 13 Administration of functions of Local Land
Services or local board
198 Appointment of administrator of all or some functions
of Local Land Services 82
199 Appointment of administrator of all or some functions
of local boards 82
200 Provisions applicable to administrators 82
Part 14 Miscellaneous
201 Acquisition of land 84
202 Entry on land for construction of works and other
purposes 84
203 Certificate as to rates, charges and other matters 85
204 Owner of stock may be ordered to muster stock 85
205 Personal liability 86
206 Regulations 86
207 Local land board appeals procedure 87
208 Exemptions 87
209 Service of documents 87
210 Repeals 88
211 Review of Act 88
Schedule 1 Local Land Services regions 90
Schedule 2 Constitution and procedure of Board
and local boards 91
Schedule 3 Charges on land for unpaid amounts 98
Schedule 4 Administrators 100
Schedule 5 Sale of land for unpaid money owing to
Local Land Services 102
Schedule 6 Savings, transitional and other provisions 107
Schedule 7 Amendment of Acts and regulations 115
Schedule 8 Amendment of water sharing plans 147
Schedule 9 Local Land Services Regulation 2014 153
Dictionary 215
Contents page 9
New South Wales
ocal Land Services Bill 2013
No , 2013
A Bill for
An Act to establish Local Land Services and to repeal the Rural Lands Protection Act
1998 and the Catchment Management Authorities Act 2003; and for other purposes.
Clause 1 Local Land Services Bill 2013
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Local Land Services Act 2013. 4
2 Commencement 5
(1) This Act commences on 1 January 2014, except as provided by 6
subsection (2). 7
(2) The following provisions commence on a day to be appointed by 8
proclamation: 9
(a) sections 6 and 7 and Schedule 1, 10
(b) clauses 5 and 6 of Schedule 6. 11
3 Objects of Act 12
The objects of this Act are as follows: 13
(a) to establish a statutory corporation (to be known as Local Land 14
Services) with responsibility for management and delivery of 15
local land services in the social, economic and environmental 16
interests of the State in accordance with any State priorities for 17
local land services, 18
(b) to establish local boards for the purpose of devolving operational 19
management and planning functions to regional levels to 20
facilitate targeted local delivery of programs and services, 21
(c) to involve communities and to make best use of local knowledge 22
and expertise in relation to the provision of local land services, 23
(d) to establish mechanisms for the charging of rates, levies and 24
contributions on landholders and fees for services, 25
(e) to provide a framework for financial assistance and incentives to 26
landholders. 27
4 Meaning of "local land services" and "State priorities for local land 28
services" 29
(1) In this Act, local land services means programs and advisory services 30
associated with agricultural production, biosecurity, natural resource 31
management and emergency management, including programs and 32
advisory services associated with the following: 33
(a) agricultural production, 34
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Local Land Services Bill 2013 Clause 5
Preliminary Part 1
(b) biosecurity, including animal pest and disease and plant pest and 1
disease prevention, management, control and eradication, 2
(c) preparedness, response and recovery for animal pest and disease 3
and plant pest and disease emergencies and other emergencies 4
impacting on primary production or animal health and safety, 5
(d) animal welfare, 6
(e) chemical residue prevention, management and control, 7
(f) natural resource management and planning, 8
(g) travelling stock reserves and stock watering places, 9
(h) control and movement of stock, 10
(i) related services and programs. 11
(2) In this Act, State priorities for local land services includes any 12
State-wide standards and targets, and any State and national priorities, 13
for agricultural production, biosecurity, natural resource management 14
or emergency management: 15
(a) identified in a State Government policy or plan or an 16
intergovernmental agreement, or 17
(b) as advised by the Minister. 18
5 Interpretation 19
(1) Expressions used in this Act that are defined in the Dictionary have the 20
meanings set out in the Dictionary. 21
Note. Expressions used in this Act (or in a particular provision of this Act) that 22
are defined in the Interpretation Act 1987 have the meanings set out in that Act. 23
(2) Notes included in this Act do not form part of this Act. 24
6 Regions 25
For the purposes of this Act, the State is divided into the regions 26
described or identified in Schedule 1. 27
7 Abolition, establishment, amalgamation or change of name or 28
boundaries of regions 29
(1) The Minister may, by order published on the NSW legislation website, 30
amend Schedule 1 for any of the following purposes: 31
(a) to establish a region, 32
(b) to abolish a region, 33
(c) to amalgamate two or more regions, 34
(d) to change the name of a region, 35
(e) to change the boundaries of a region. 36
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Clause 7 Local Land Services Bill 2013
Part 1 Preliminary
(2) Any such order may contain savings and transitional provisions 1
(including provisions relating to the membership of local boards for a 2
region pending elections). 3
(3) The boundaries of each region may be described or identified in 4
Schedule 1 by reference to a local government area or in any other 5
manner (including by reference to a map or other description). 6
Page 4
Local Land Services Bill 2013 Clause 8
ocal Land Services Part 2
Part 2 Local Land Services 1
Division 1 Constitution and management of Local Land 2
Services 3
8 Constitution of Local Land Services 4
There is constituted by this Act a body corporate with the corporate 5
name of Local Land Services. 6
Note. Section 50 of the Interpretation Act 1987 provides for the powers of a 7
statutory corporation. 8
9 Status of Local Land Services 9
Local Land Services is a NSW Government agency. 10
10 Control and management of Local Land Services 11
(1) All decisions relating to the functions of Local Land Services are to be 12
made by or under the authority of the Board. 13
(2) The Chair of the Board of Chairs is responsible for the day-to-day 14
management of the affairs of Local Land Services, subject to the 15
policies and directions of the Board. 16
(3) Any act, matter or thing done in the name of, or on behalf of, Local Land 17
Services by or under the authority of the Board or the Chair of the Board 18
of Chairs is taken to have been done by Local Land Services. 19
Note. Local Land Services may delegate its functions under section 16. 20
11 Ministerial control 21
(1) Local Land Services is subject to the control and direction of the 22
Minister in the exercise of its functions. 23
(2) The Board must: 24
(a) immediately give the Minister written particulars of any decision 25
of Local Land Services to acquire or dispose of a significant asset 26
or to commence or cease to carry out a significant activity, and 27
(b) keep the Minister informed of the activities of Local Land 28
Services, and 29
(c) give the Minister such reports, documents and information in 30
relation to Local Land Services as the Minister may from time to 31
time require within the time limit set by the Minister. 32
(3) The Minister may give written guidelines to the Board that are to be 33
used by the Board in deciding whether particulars are required to be 34
given under subsection (2). 35
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Clause 12 Local Land Services Bill 2013
Part 2 Local Land Services
12 Control and direction in emergency responses 1
(1) In this section: 2
emergency has the same meaning as in the State Emergency and Rescue 3
Management Act 1989 and includes the actual or imminent occurrence 4
of an animal or plant disease or animal or plant pest. 5
(2) The Director-General may, if satisfied that governmental action is 6
required for the purposes of this Act to respond to an emergency that 7
affects one or more specified regions or parts of regions, by order in 8
writing given to the Chair of the Board of Chairs: 9
(a) declare that the Director-General has assumed responsibility for 10
controlling the actions of Local Land Services for the purposes of 11
responding to the emergency, and 12
(b) require the Chair to ensure that Local Land Services and the staff 13
of Local Land Services comply with any directions that the 14
Director-General issues to Local Land Services and the staff. 15
(3) Local Land Services and its staff are to comply with any such direction 16
while the order under subsection (2) is in force. 17
(4) The order is to specify the general nature, location and extent of the 18
emergency. 19
(5) The order takes effect as soon as it is given and continues to have effect 20
until revoked by the Director-General. 21
13 Staff of Local Land Services 22
(1) Local Land Services may arrange for the use of the services of any staff 23
(whether by way of secondment or otherwise) or of any facilities of any 24
government agency to enable Local Land Services to exercise its 25
functions. 26
(2) Local Land Services cannot employ any staff. 27
Note. Staff may be employed under Chapter 1A of the Public Sector 28
Employment and Management Act 2002 in the Government Service to enable 29
Local Land Services to exercise its functions. Under section 4K of that Act, a 30
reference in this Act to a member of staff of Local Land Services is a reference 31
to staff so employed or to persons whose services are used by Local Land 32
Services. 33
The Chair of the Board of Chairs is the Division Head of staff in the Local Land 34
Services Division of the Government Service under the Public Sector 35
Employment and Management Act 2002. 36
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Local Land Services Bill 2013 Clause 14
ocal Land Services Part 2
Division 2 Functions of Local Land Services 1
14 Functions generally 2
(1) Local Land Services has the following functions: 3
(a) to administer, deliver or fund local land services, 4
(b) to develop and implement appropriate governance arrangements 5
for the delivery of local land services, 6
(c) to prepare a State strategic plan, 7
(d) to provide and facilitate education and training in connection 8
with agricultural production, biosecurity, natural resource 9
management and emergency management, 10
(e) to make and levy rates, levies and contributions on rateable and 11
other land for the purpose of carrying out its functions, 12
(f) to provide and administer grants, loans, subsidies or other 13
financial assistance for activities in relation to local land services, 14
(g) to collect, collate, maintain, interpret and report information with 15
respect to its functions, 16
(h) to communicate, consult and engage with the community, 17
including the Aboriginal community, in relation to the delivery of 18
local land services, 19
(i) to provide advice on matters referred to it by the Minister, 20
(j) to exercise such other functions as are conferred or imposed on it 21
by or under this or any other Act. 22
(2) Local Land Services is to exercise its functions in accordance with any 23
State priorities for local land services and any plan approved under 24
Part 4. 25
(3) Local Land Services may do anything necessary, or supplemental or 26
incidental, to the exercise of its functions. 27
15 Memorandum of understanding 28
(1) Local Land Services may enter into a memorandum of understanding 29
with a Government Department in relation to the exercise of the 30
functions of Local Land Services, including the implementation of 31
plans approved under Part 4. 32
(2) The memorandum of understanding may be amended, revoked or 33
replaced from time to time. 34
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Clause 16 Local Land Services Bill 2013
Part 2 Local Land Services
(3) The functions of Local Land Services must, as far as practicable, be 1
exercised in conformity with the memorandum of understanding. 2
However, a failure to comply with this subsection does not itself 3
invalidate anything done or omitted to be done by Local Land Services. 4
16 Delegation of Local Land Services functions 5
(1) Local Land Services may delegate to an authorised person any of its 6
functions, other than this power of delegation. 7
(2) A delegate may sub-delegate to an authorised person any function 8
delegated by Local Land Services if the delegate is authorised in writing 9
to do so by Local Land Services. 10
(3) In this section, authorised person means: 11
(a) a member of the Board, or 12
(b) the chair or any other member of a local board, or 13
(c) a member of the staff of Local Land Services, or 14
(d) an authorised officer. 15
17 Delegation of Ministerial functions 16
(1) The Minister may delegate to an authorised person any of the Minister's 17
functions under this Act, other than this power of delegation. 18
(2) A delegate may sub-delegate to an authorised person any function 19
delegated by the Minister if the delegate is authorised in writing to do 20
so by the Minister. 21
(3) The Minister may delegate to Local Land Services any function of the 22
Minister under the Stock Diseases Act 1923, the Stock (Chemical 23
Residues) Act 1975 or any other Act (administered by the Minister) 24
prescribed by the regulations for the purposes of this section. 25
(4) In this section, authorised person means: 26
(a) Local Land Services, or 27
(b) the Chair of the Board of Chairs or any other member of the 28
Board, or 29
(c) the chair or any other member of a local board, or 30
(d) a member of the staff of Local Land Services, or 31
(e) a member of the staff of the Department, or 32
(f) an authorised officer. 33
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Local Land Services Bill 2013 Clause 18
ocal Land Services Part 2
18 Delegation of Director-General's functions 1
(1) The Director-General may delegate to an authorised person any of the 2
Director-General's functions under this Act or any other Act prescribed 3
by the regulations, other than this power of delegation. 4
(2) A delegate may sub-delegate to an authorised person any function 5
delegated by the Director-General if the delegate is authorised in 6
writing to do so by the Director-General. 7
(3) In this section, authorised person means: 8
(a) Local Land Services, or 9
(b) the Chair of the Board of Chairs or any other member of the 10
Board, or 11
(c) the chair or any other member of a local board, or 12
(d) a member of the staff of Local Land Services, or 13
(e) a member of the staff of the Department, or 14
(f) an authorised officer. 15
Division 3 Finance and audit 16
19 Local Land Services Fund 17
(1) Local Land Services is to establish a fund to be called the "Local Land 18
Services Fund" (the Fund). 19
(2) The money in the Fund may be kept in one or more financial 20
institutions. 21
(3) The Fund does not form part of the Consolidated Fund. The Treasurer 22
may establish an account in the Special Deposits Account for the 23
purposes of the Fund. 24
20 Payments into and from Fund 25
(1) There is to be paid into the Fund: 26
(a) all money received by or on account of Local Land Services, and 27
(b) the proceeds of any investment of money in the Fund. 28
(2) There is to be paid from the Fund: 29
(a) all amounts required to meet expenditure incurred by Local Land 30
Services in the exercise of its functions, and 31
(b) all amounts required to provide loans, grants, subsidies and other 32
financial assistance for the purposes of activities that Local Land 33
Services is authorised to fund by or under this Act. 34
Page 9
Clause 21 Local Land Services Bill 2013
Part 2 Local Land Services
21 Investment powers in relation to Fund 1
(1) Local Land Services has, in respect of the Fund, the investment powers 2
conferred on Local Land Services by Part 3 of the Public Authorities 3
(Financial Arrangements) Act 1987. 4
(2) If Part 3 of that Act does not confer investment powers on Local Land 5
Services in respect of money in the Fund, Local Land Services may 6
invest the money: 7
(a) in any manner authorised for the investment of trust funds, or 8
(b) in any other manner approved by the Minister with the 9
concurrence of the Treasurer. 10
22 Fees for services 11
(1) Subject to the regulations (if any), Local Land Services may charge a 12
fee, determined by it for supplying any service (including any product, 13
commodity or publication) under this or any other Act or a statutory 14
instrument. 15
(2) Local Land Services may require a deposit or prepayment in respect of 16
any such fee. 17
(3) Nothing in this section authorises the charging of any fee contrary to the 18
provisions of any Act, regulation or statutory instrument. 19
23 Annual report to include certain matters 20
(1) The annual report of Local Land Services required to be prepared under 21
the Annual Reports (Statutory Bodies) Act 1984 is to include a report as 22
to the following: 23
(a) the performance and outcomes set out in any State strategic plan 24
achieved by Local Land Services during the reporting period, 25
(b) progress in achieving compliance with State priorities for local 26
land services, 27
(c) community engagement in respect of the provision of local land 28
services, 29
(d) the resources expended and revenue received by Local Land 30
Services, and the management of programs, in each region, 31
(e) any other matter directed by the Minister. 32
Note. Sections 8 and 10 of the Annual Reports (Statutory Bodies) Act 1984 33
provide that statutory bodies (within the meaning of that Act) are to prepare 34
reports of their operations for each financial year and are to submit annual 35
reports to the appropriate Minister (and, if required, the Treasurer), within the 36
period of 4 months after the end of the financial year. 37
(2) The annual report may be included in the annual report of the 38
Department or another government agency. 39
Page 10
Local Land Services Bill 2013 Clause 24
ocal Land Services Part 2
24 Audit of Local Land Services 1
(1) The Minister must arrange for an independent audit of the activities of 2
Local Land Services not later than 5 years after the commencement of 3
this Act to determine whether it is carrying out the functions conferred 4
on it by or under this or any other Act effectively and efficiently and in 5
accordance with the State strategic plan and any local strategic plan. 6
(2) As soon as possible after the end of every 5-year period following the 7
audit under subsection (1), the Minister is to cause a further audit of the 8
kind set out in that subsection to be undertaken. 9
(3) The Minister may, at any time that the Minister considers it appropriate 10
to do so, arrange for an audit of the exercise of all or any particular 11
function of Local Land Services. 12
(4) An audit under this section is to be carried out by one or more persons 13
or bodies, or persons or bodies of a class, prescribed by the regulations 14
or appointed by the Minister. 15
(5) The Minister is to arrange for a copy of the report of any audit under this 16
section to be placed on the website of Local Land Services. 17
(6) The Minister may direct that the costs of an audit (in whole or in part) 18
under this section be paid by Local Land Services. 19
Note. The Audit Office of New South Wales is responsible for auditing the 20
financial reports of Local Land Services--see section 43 of the Public Finance 21
and Audit Act 1983. 22
Page 11
Clause 25 Local Land Services Bill 2013
Part 3 The Board and local boards
Part 3 The Board and local boards 1
Division 1 The Board of Chairs 2
25 Establishment of Board of Chairs 3
(1) There is to be a Board of Chairs. 4
(2) The Board is to consist of the following members: 5
(a) the Chair of the Board of Chairs, 6
(b) the chair of each local board, 7
(c) such other persons with relevant skills and experience as may be 8
appointed by the Minister. 9
Note. Schedule 2 contains provisions relating to the members and procedure of 10
the Board. 11
(3) A person appointed under subsection (2) (c) is a non-voting member of 12
the Board. 13
26 Functions of the Board 14
(1) The Board has such functions as are conferred or imposed on it by or 15
under this or any other Act. 16
(2) In exercising functions as members of the Board, members of the Board 17
are to be guided by the principle that the public interest in the delivery 18
of local land services in the State as a whole takes precedence over the 19
delivery of local land services in any region. 20
Note. Section 10 (1) provides that all decisions relating to the functions of Local 21
Land Services are to be made by or under the authority of the Board. 22
Division 2 Local boards 23
27 Local boards 24
(1) There is to be a board for each region, called the [Name of region] Local 25
Board. 26
(2) The local board for a region is to be constituted by 7 members, being: 27
(a) 3 members elected, in accordance with the regulations, by 28
ratepayers of the region, and 29
(b) 4 members appointed by the Minister. 30
(3) Despite subsection (2), the local board for the Western Region is to be 31
constituted by 9 members, being: 32
(a) 4 members elected, in accordance with the regulations, by 33
ratepayers of the region, and 34
Page 12
Local Land Services Bill 2013 Clause 28
The Board and local boards Part 3
(b) 5 members appointed by the Minister. 1
(4) A person is not eligible for appointment as a member of a local board 2
unless, in the opinion of the Minister, the person possesses expertise, 3
knowledge or skills (as demonstrated by relevant qualifications or 4
experience) in one or more of the areas prescribed by the regulations for 5
the purposes of this subsection. 6
(5) The regulations may provide for criteria to determine whether a person 7
is eligible or ineligible for election or appointment as a member of a 8
local board. 9
(6) In appointing a member of a local board, the Minister is to have regard 10
to the following: 11
(a) the principle that a local board should, as far as possible, be 12
constituted by persons who together have expertise, skills and 13
knowledge (as demonstrated by relevant qualifications or 14
experience) as are relevant to the functions exercisable by the 15
local board, 16
(b) such other matters as may be prescribed by the regulations. 17
(7) The Minister is, by an instrument of appointment or a subsequent 18
instrument, to appoint a member of the local board as chair of the local 19
board. 20
28 Status of local boards 21
A local board is a NSW Government agency. 22
29 Functions of local boards 23
(1) The functions of a local board for a region are as follows: 24
(a) to prepare a local strategic plan in respect of the delivery of local 25
land services in the region, 26
(b) to monitor the performance of Local Land Services in the region, 27
including by reference to the local strategic plan, 28
(c) to make recommendations to the Board in relation to the making 29
of rates, levies and contributions on rateable and other land in the 30
region, 31
(d) to collect, collate, maintain, interpret and report information with 32
respect to its functions, 33
(e) to communicate, consult and engage with the community in 34
developing plans and in respect of the delivery of programs and 35
services by Local Land Services in the region, 36
Page 13
Clause 30 Local Land Services Bill 2013
Part 3 The Board and local boards
(f) to develop a strategy for engagement of the Aboriginal 1
community in the region in respect of the provision of local land 2
services, 3
(g) to provide advice to the Minister, 4
(h) to exercise such other functions as are conferred or imposed on it 5
by or under this or any other Act. 6
(2) A local board must exercise its functions in accordance with the 7
policies, procedures and directions (however described) of Local Land 8
Services. 9
(3) A local board for a region may, with the agreement of a local board for 10
another region, exercise functions in the other region. 11
30 Local annual reports 12
(1) A local board is, before 30 March each year, to prepare an annual report 13
on the following matters: 14
(a) the performance of any functions under this Act exercised in the 15
local board's region (whether by the local board or another 16
person or body), 17
(b) the exercise by the local board of any functions under this Act 18
outside the local board's region. 19
(2) The local annual report is to be: 20
(a) provided to Local Land Services, and 21
(b) placed on the website of the local board, and 22
(c) published in such other manner as, in the opinion of the local 23
board, will make it readily accessible to persons in the region. 24
31 Delegation of local board's functions 25
(1) A local board may delegate to an authorised person any of the local 26
board's functions, other than this power of delegation. 27
(2) A delegate may sub-delegate to an authorised person any function 28
delegated by the local board if the delegate is authorised in writing to do 29
so by the local board. 30
(3) In this section, authorised person means: 31
(a) a member of the local board, 32
(b) a member of the staff of Local Land Services. 33
Page 14
Local Land Services Bill 2013 Clause 32
The Board and local boards Part 3
32 Keeping Board informed 1
A local board must: 2
(a) keep the Board informed of the activities of the local board, and 3
(b) give the Board such reports, documents and information in 4
relation to those activities as the Board requires within the time 5
limit set by the Board. 6
33 Local community advisory groups 7
(1) Each local board is to establish one or more local community advisory 8
groups for its region in accordance with this section. 9
(2) A local community advisory group is to consist of persons that the local 10
board considers to be suitably qualified to serve on the group and to be 11
suitably representative of the interests of the local community and 12
stakeholders in the region. 13
(3) Each local board is to prepare terms of reference for the local 14
community advisory groups for its region. 15
Division 3 Honesty and conduct 16
34 Conduct of Board and local board members 17
(1) Every Board and local board member must: 18
(a) act honestly and exercise a reasonable degree of care and 19
diligence in carrying out his or her functions under this or any 20
other Act, and 21
(b) act for a proper purpose in carrying out his or her functions under 22
this or any other Act, and 23
(c) not use his or her office or position for personal advantage, and 24
(d) not use his or her office or position to the detriment of the Board 25
or the member's local board (respectively), and 26
(e) disclose any interest (whether pecuniary or otherwise) that could 27
conflict with the proper performance of his or her functions under 28
this or any other Act and avoid performing any function that 29
could involve such a conflict of interest. 30
(2) Although this section places certain duties on Board and local board 31
members, nothing in this section gives rise to, or can be taken into 32
account in, any civil cause of action. 33
35 Codes of conduct 34
(1) The Board may issue a code of conduct to be observed by all members 35
of the Board and local boards. 36
Page 15
Clause 35 Local Land Services Bill 2013
Part 3 The Board and local boards
(2) Without limiting what may be included in the code, the code may relate 1
to any conduct (whether by way of act or omission) of a member in 2
carrying out his or her functions that is likely to bring the Board or a 3
local board into disrepute. 4
(3) In particular, the code may contain provisions for or with respect to the 5
following conduct: 6
(a) conduct that contravenes all or specified provisions of this Act or 7
the regulations in all or specified circumstances, 8
(b) improper or unethical conduct, 9
(c) abuse of power and other misconduct, 10
(d) action causing, comprising or involving any of the following: 11
(i) intimidation, harassment or verbal abuse, 12
(ii) discrimination, disadvantage or adverse treatment in 13
relation to employment, 14
(iii) prejudice in the provision of a service to the community, 15
(e) conduct of a member causing, comprising or involving any of the 16
following: 17
(i) directing or influencing, or attempting to direct or 18
influence, a member of the staff of Local Land Services in 19
the exercise of the functions of the staff member, 20
(ii) an act of disorder committed by the member at a meeting 21
of the Board or a local board, 22
(f) the disclosure by members of interests (whether pecuniary or 23
otherwise) that could conflict with the proper performance of a 24
member's functions and avoidance of conflicts of interest, 25
(g) the disclosure by members of confidential documents and 26
information. 27
(4) A member of the Board or a local board must not contravene the code. 28
(5) Nothing in this section or such a code gives rise to, or can be taken into 29
account in, any civil cause of action, and nothing in this section affects 30
rights or liabilities arising apart from this section. 31
Page 16
Local Land Services Bill 2013 Clause 36
Planning the delivery of local land services Part 4
Part 4 Planning the delivery of local land services 1
Division 1 State strategic plan 2
36 Purpose and term of State strategic plan 3
(1) A State strategic plan is to set the vision, priorities and overarching 4
strategy for local land services in the State, with a focus on appropriate 5
economic, social and environmental outcomes. 6
(2) A State strategic plan has effect for the period of 10 years (or such other 7
period as is prescribed by the regulations) after it is approved by the 8
Minister. 9
37 Preparation of draft State strategic plan 10
(1) Local Land Services must prepare a draft State strategic plan for local 11
land services in the State that complies with this Division and submit the 12
draft plan to the Minister for approval. 13
(2) A draft State strategic plan is to be prepared and submitted as soon as 14
practicable after the commencement of this Act and at such later times 15
as may be specified by the Minister. 16
(3) In preparing a draft State strategic plan, Local Land Services is to have 17
regard to: 18
(a) any State priorities for local land services, and 19
(b) the provisions of any environmental planning instrument under 20
the Environmental Planning and Assessment Act 1979 that 21
applies to a region, and 22
(c) any other existing natural resource management plans (including 23
any such plans in the course of preparation) for a region including 24
the State Water Management Outcomes Plan and any 25
management plan under the Water Management Act 2000, and 26
(d) the need for engagement of the community, including the 27
Aboriginal community. 28
38 Contents of draft State strategic plan 29
A draft State strategic plan must include the following: 30
(a) the outcomes that are expected to be achieved by the 31
implementation of the plan and the timeframes for achieving 32
those outcomes, 33
(b) requirements for reporting on whether those outcomes and 34
timeframes have been achieved, 35
Page 17
Clause 39 Local Land Services Bill 2013
Part 4 Planning the delivery of local land services
(c) any other matters that the Minister may direct to be included in 1
the plan. 2
39 Consultation on draft State strategic plan 3
Local Land Services is to consult widely on a draft State strategic plan, 4
by giving such public notice of the preparation of the plan and 5
undertaking such public exhibition of the plan as is required by the 6
regulations or the Minister. 7
40 Submission of draft State strategic plan for approval 8
(1) Local Land Services is to submit a copy of the draft State strategic plan 9
to the Minister for approval. 10
(2) In assessing the draft State strategic plan, the Minister is to seek the 11
advice of any person or body to which the draft State strategic plan is 12
required to be referred by the regulations and take into account any such 13
advice provided within the time requested by the Minister. 14
(3) The Minister may take into account the advice of any other person or 15
body in assessing the draft State strategic plan. 16
(4) If a draft State strategic plan requires a person or body other than Local 17
Land Services to carry out any activity, Local Land Services is to 18
provide the Minister with evidence that the person or body has agreed 19
to carry out that activity. 20
41 Approval of draft State strategic plan 21
(1) The Minister may: 22
(a) approve a draft State strategic plan submitted to the Minister by 23
Local Land Services, without alteration or with such alteration as 24
the Minister thinks fit, or 25
(b) refer the draft State strategic plan back to Local Land Services for 26
further consideration. 27
(2) The Minister is not to approve a draft State strategic plan unless the 28
Minister: 29
(a) is satisfied (having regard to the advice of any person or body to 30
which the draft State strategic plan has been referred) that the 31
plan promotes the achievement of State priorities for local land 32
services (if any), and 33
(b) has sought the advice of any person or body engaged to carry out 34
an independent audit of the activities of Local Land Services 35
under section 24, and 36
Page 18
Local Land Services Bill 2013 Clause 42
Planning the delivery of local land services Part 4
(c) has obtained the concurrence of the Minister administering the 1
Native Vegetation Act 2003, but only in relation to those parts of 2
the draft plan that relate to natural resource management. 3
(3) Before making any alterations to the draft State strategic plan, the 4
Minister must consult Local Land Services. 5
42 Publication of State strategic plan 6
(1) As soon as practicable after a State strategic plan is approved by the 7
Minister, Local Land Services: 8
(a) is to cause the plan to be published in such a manner as, in the 9
opinion of Local Land Services, will make it readily accessible to 10
persons in the State, and 11
(b) is to arrange for a copy of the plan to be placed on the Local Land 12
Services website. 13
(2) The Minister may make any other arrangements that the Minister 14
considers necessary to ensure that State strategic plans are readily 15
accessible to the public. 16
43 Amendment, replacement or revocation of plans 17
(1) A State strategic plan may be amended or replaced by a subsequent such 18
plan prepared and approved in accordance with this Division. 19
(2) The Minister may revoke a State strategic plan, wholly or in part. 20
(3) The amendment or revocation of a State strategic plan by the Minister 21
under this section takes effect when notice of the amendment or 22
revocation is published by the Minister or on a later date specified in the 23
notice. 24
44 Periodic review and auditing of plans 25
(1) Local Land Services is to ensure that the State strategic plan is kept 26
under regular and periodic review and, in particular, is to cause the plan 27
to be reviewed if the Minister so directs. 28
(2) The Minister is to ensure that the State strategic plan is audited, at 29
intervals of not more than 5 years, to ascertain whether its provisions are 30
being given effect. 31
(3) An audit under this section is to be carried out by an independent 32
person, body or panel appointed by the Minister. 33
(4) The Minister may direct that the costs of an audit (in whole or in part) 34
under this section be paid by Local Land Services. 35
Page 19
Clause 45 Local Land Services Bill 2013
Part 4 Planning the delivery of local land services
Division 2 Local strategic plans 1
45 Purpose and term of local strategic plans 2
(1) A local strategic plan for a region is to set the vision, priorities and 3
strategy in respect of the delivery of local land services in the region, 4
with a focus on appropriate economic, social and environmental 5
outcomes. 6
(2) A local strategic plan has effect for the period of 5 years (or such other 7
period as is prescribed by the regulations) after it is approved by the 8
Minister. 9
46 Preparation of draft local strategic plans 10
(1) A local board must prepare one or more draft local strategic plans in 11
respect of the delivery of local land services in its region that complies 12
with this Division and submit each draft local strategic plan for approval 13
by the Minister under this Division. 14
(2) A draft local strategic plan is to be prepared and submitted as soon as 15
practicable after the commencement of this Act and at such later times 16
as may be specified by the Minister. 17
47 Contents of draft local strategic plans 18
(1) A draft local strategic plan for a region must include the following: 19
(a) the outcomes that are expected to be achieved by the 20
implementation of the plan in relation to the region and the 21
timeframes for achieving those outcomes, 22
(b) requirements for reporting on whether those outcomes and 23
timeframes have been achieved, 24
(c) any other matters that the Minister may direct to be included in 25
the plan. 26
(2) A draft local strategic plan for a region may also include provisions that 27
relate to water quality or other non-regulatory water management issues 28
in the region. 29
(3) In formulating a draft local strategic plan for its region, the local board 30
is to have regard to the following: 31
(a) any State priorities for local land services, 32
(b) the State strategic plan, 33
(c) the provisions of any environmental planning instrument under 34
the Environmental Planning and Assessment Act 1979 that 35
applies to the region, 36
Page 20
Local Land Services Bill 2013 Clause 48
Planning the delivery of local land services Part 4
(d) any other existing natural resource management plans (including 1
any such plans in the course of preparation) for the region 2
including the State Water Management Outcomes Plan and any 3
management plan under the Water Management Act 2000, 4
(e) the need for engagement of the community, including the 5
Aboriginal community. 6
48 Consultation on draft local strategic plan 7
The local board is to consult widely on a draft local strategic plan, by 8
giving such public notice of the preparation of the plan and undertaking 9
such public exhibition of the plan as is required by the regulations or the 10
Minister. 11
49 Review of draft local strategic plan by Local Land Services 12
(1) The local board is to refer a copy of each draft local strategic plan 13
prepared by it for a region to Local Land Services for review. 14
(2) Local Land Services is to review the draft local strategic plan having 15
regard to the following: 16
(a) any State priorities for local land services, 17
(b) the State strategic plan, 18
(c) the provisions of any environmental planning instrument under 19
the Environmental Planning and Assessment Act 1979 that 20
applies to the region, 21
(d) any other existing natural resource management plans (including 22
any such plans in the course of preparation) for the region 23
including the State Water Management Outcomes Plan and any 24
management plan under the Water Management Act 2000, 25
(e) the need for engagement of the community, including the 26
Aboriginal community. 27
(3) Local Land Services may request the local board to amend the draft 28
local strategic plan before submitting the plan to the Minister. 29
50 Submission of draft local strategic plans for approval 30
(1) Local Land Services is to submit a copy of the draft local strategic plan 31
to the Minister for approval. 32
(2) In assessing the draft local strategic plan, the Minister is to seek the 33
advice of any person or body to which the draft local strategic plan is 34
required to be referred by the regulations and take into account any such 35
advice provided within the time requested by the Minister. 36
Page 21
Clause 51 Local Land Services Bill 2013
Part 4 Planning the delivery of local land services
(3) The Minister may take into account the advice of Local Land Services 1
or any other person or body in assessing the draft local strategic plan. 2
(4) If a draft local strategic plan requires a person or body other than Local 3
Land Services to carry out any activity, Local Land Services is to 4
provide the Minister with evidence that the person or body has agreed 5
to carry out that activity. 6
51 Approval of draft local strategic plans 7
(1) The Minister may: 8
(a) approve a draft local strategic plan for a region submitted by 9
Local Land Services, without alteration or with such alteration as 10
the Minister thinks fit, or 11
(b) refer the draft local strategic plan back to Local Land Services for 12
further consideration. 13
(2) The Minister is not to approve a draft local strategic plan unless the 14
Minister: 15
(a) is satisfied (having regard to the advice of any person or body to 16
which the draft local strategic plan has been referred) that the 17
plan promotes the achievement of State priorities for local land 18
services (if any) so far as those priorities relate to the region, and 19
(b) has sought the advice of any person or body engaged to carry out 20
an independent audit of the activities of Local Land Services 21
under section 24, and 22
(c) has obtained the concurrence of the Minister administering the 23
Native Vegetation Act 2003, but only in relation to those parts of 24
the draft plan that relate to natural resource management. 25
(3) Before making any alterations to the draft plan, the Minister must 26
consult Local Land Services. 27
52 Publication of local strategic plans 28
(1) As soon as practicable after a local strategic plan for a region is 29
approved by the Minister: 30
(a) the Minister is to arrange for a copy of the plan to be placed on 31
the website of Local Land Services and the website of the local 32
board, and 33
(b) the local board for the region may cause the plan to be published 34
in such other manner as, in the opinion of the local board, will 35
make it readily accessible to persons in the region. 36
Page 22
Local Land Services Bill 2013 Clause 53
Planning the delivery of local land services Part 4
(2) The Minister may make any other arrangements that the Minister 1
considers necessary to ensure that local strategic plans are readily 2
accessible to the public. 3
53 Amendment, replacement or revocation of plans 4
(1) A local strategic plan may be amended or replaced by a subsequent local 5
strategic plan prepared and approved in accordance with this Division. 6
(2) The Minister may revoke a local strategic plan, wholly or in part. 7
(3) The amendment or replacement of a local strategic plan takes effect on 8
the date the plan as amended or replaced is published on the website of 9
Local Land Services or a later date specified in that plan. 10
(4) The revocation of a local strategic plan takes effect on the date that 11
notice of the revocation is published on the website of Local Land 12
Services or on a later date specified in the notice. 13
54 Periodic review and auditing of local strategic plans 14
(1) Local Land Services is to ensure that each local strategic plan is kept 15
under regular and periodic review and, in particular, is to cause a plan 16
to be reviewed if the Minister so directs. 17
(2) The Minister is to ensure that each local strategic plan is audited, within 18
3 years of its approval, to ascertain whether its provisions are being 19
given effect. 20
(3) An audit under this section is to be carried out by an independent 21
person, body or panel appointed by the Minister. 22
(4) The Minister may direct that the costs of an audit (in whole or in part) 23
under this section be paid by Local Land Services. 24
Page 23
Clause 55 Local Land Services Bill 2013
Part 5 Rates, levies and contributions
Part 5 Rates, levies and contributions 1
Division 1 Preliminary 2
55 When is a holding within a region? 3
(1) For the purposes of this Act, a holding located partly in 2 or more 4
regions is to be regarded as wholly within the region in which the 5
greater part lies. 6
(2) For the purposes of this section, if the parts of a holding are equal in 7
size, the part on which the principal residence (if any) is located is to be 8
regarded as being the greater part. If there is no principal residence, any 9
dispute as to which part of such holding is to be treated as the greater 10
part is to be decided by the Minister. 11
Division 2 Rates, levies and contributions 12
56 What is rateable land? 13
For the purposes of this Act, land within a region is rateable land if it is 14
the whole or any part of a holding that is within the region and either: 15
(a) the land has an area that is not less than the area prescribed by the 16
regulations in relation to the region for the purposes of this 17
paragraph, or 18
(b) if the regulations provide for land to be rateable land in any other 19
specified circumstances--those circumstances exist in respect of 20
the land. 21
57 Imposition of rates, levies and contributions 22
(1) Local Land Services may make and levy, in accordance with the 23
regulations, such types and amounts of rates, levies and contributions on 24
rateable or other land in a region as are prescribed by, or determined in 25
accordance with, the regulations. 26
(2) The regulations may: 27
(a) provide for the period in respect of which a rate, levy or 28
contribution is payable, and 29
(b) describe the purposes for which or basis or bases on which any 30
particular type of rate, levy or contribution may be imposed, and 31
(c) describe the rateable or other land in respect of which a particular 32
type of rate, levy or contribution is payable. 33
Page 24
Local Land Services Bill 2013 Clause 58
Rates, levies and contributions Part 5
Division 3 Annual returns 1
58 Annual returns of land and stock 2
(1) An annual return for a holding in a region must be lodged in accordance 3
with the regulations by any person prescribed by the regulations as the 4
person responsible for the lodgment of such a return. 5
Maximum penalty: 20 penalty units. 6
(2) The annual return is to give details of the matters prescribed by the 7
regulations. 8
59 Change of occupier after lodgment of return 9
An annual return for a holding that is lodged in accordance with section 10
58 remains the annual return for that holding for the year it concerns 11
irrespective of any changes occurring in that year in respect of the 12
ownership or occupation of the land or the stock kept on the holding. 13
60 Duty to supply information in respect of land or stock 14
Local Land Services may, subject to the regulations, require any person 15
who lodges an annual return, or any owner or occupier of the holding to 16
which an annual return relates, to provide any specified information 17
relating to matters covered by the return for the purpose of: 18
(a) verifying or updating Local Land Services' records, or 19
(b) inquiring into the accuracy of information contained in the return. 20
Note. It is an offence in some circumstances to fail to provide information when 21
required to do so under this Act--see section 192 (Offences relating to provision 22
of information in relation to certain matters). 23
Page 25
Clause 61 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
Part 6 Travelling stock reserves and public roads 1
Note. This Part provides: 2
(a) for the management, and regulation of the use by travelling stock and persons, of 3
travelling stock reserves that are fully controlled by Local Land Services, and 4
(b) for regulation of the use by travelling stock and persons of travelling stock reserves that 5
are not fully controlled but are managed by Local Land Services and of public roads. 6
Division 1 Preliminary 7
61 Definitions 8
In this Part: 9
appropriate permit means a stock permit or reserve use permit that 10
authorises the holder to engage in the activity or conduct concerned. 11
closure order means an order under section 70. 12
controlled travelling stock reserve means: 13
(a) a travelling stock reserve the care, control and management of 14
which is vested in Local Land Services under this Part, or 15
(b) a travelling stock reserve that is a stock watering place for which 16
Local Land Services is the controlling authority under Part 7. 17
permit means a stock permit or reserve use permit. 18
timber has the same meaning as it has in the Forestry Act 2012. 19
travelling stock means stock that are being moved by being walked, and 20
includes travelling stock that are grazing. 21
travelling stock reserve means: 22
(a) any route or camping place reserved for travelling stock route or 23
camping place under the Crown Lands Act 1989, or 24
(b) any reserve for travelling stock, water reserve, reserve for access 25
or crossing (where the reserve is for the purpose of providing 26
travelling stock with access to or a crossing of water, whether 27
expressly notified for that purpose or not), or 28
(c) any stock watering place. 29
Division 2 Controlled travelling stock reserves 30
62 Vesting care, control and management of certain travelling stock 31
reserves in Local Land Services 32
(1) The Minister administering the Crown Lands Act 1989 may, by order 33
published in the Gazette, vest in Local Land Services the care, control 34
and management of any travelling stock reserve to which this section 35
applies. 36
Page 26
Local Land Services Bill 2013 Clause 63
Travelling stock reserves and public roads Part 6
(2) This section applies to a travelling stock reserve other than a stock 1
watering place or one that comprises land within: 2
(a) a State forest, or 3
(b) the Western Division that is subject to a lease from the Crown. 4
Note. Section 18 and paragraph (l) of Schedule 1 to the Western Lands Act 5
1901 provide for such leases to contain covenants giving unrestricted rights to 6
proclaim travelling stock reserves and to withdraw land from such reserves. 7
(3) An order under this section relating to that part of a travelling stock 8
reserve that is subject to a lease or a licence granted under the Crown 9
Lands Acts does not have effect until the lease or licence is terminated. 10
63 Withdrawal of care, control and management from authority 11
(1) The Minister administering the Crown Lands Act 1989 may, by order 12
published in the Gazette, withdraw the care, control and management of 13
a travelling stock reserve from Local Land Services. 14
(2) An order may be made only on the recommendation of the Minister 15
administering this section. 16
(3) The Minister administering this section is to take into consideration any 17
views of Local Land Services in deciding whether or not to recommend 18
that an order be made. 19
(4) Before recommending that an order be made, the Minister 20
administering this section may refer the matter to the appropriate local 21
land board. 22
(5) As soon as practicable after the matter is referred to it, the local land 23
board must inquire into the matter and submit a report of its findings in 24
writing to the Minister administering this section. 25
(6) The Minister administering this section is not bound to accept the report 26
and no person is entitled to appeal against such a report or have it 27
referred to the Land and Environment Court. 28
64 Withdrawal of land required for public purpose from travelling stock 29
reserve 30
(1) The Minister administering the Crown Lands Act 1989 may, by order 31
published in the Gazette, withdraw from a travelling stock reserve under 32
the care, control and management of Local Land Services any land that 33
is required as a site for a town or village or for any public purpose, other 34
than the purpose of settlement under the Crown Lands Acts. 35
(2) An order may be made only on the recommendation of the Minister 36
administering this section. 37
Page 27
Clause 65 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
(3) The Minister administering this section is to take into consideration any 1
views of Local Land Services in deciding whether or not to recommend 2
that an order be made. 3
65 Compensation for improvements made before withdrawal 4
(1) The Minister administering the Crown Lands Act 1989 is liable to pay 5
compensation to Local Land Services for any improvements made to 6
land comprising any part of a travelling stock reserve that is withdrawn 7
from the care, control and management of Local Land Services. 8
(2) The compensation must not exceed the current value of the 9
improvements. 10
(3) If the Minister administering the Crown Lands Act 1989 and Local Land 11
Services are unable to agree on the amount of compensation, either of 12
them may refer the matter to the appropriate local land board for 13
determination. 14
(4) The local land board to which the matter is referred must determine the 15
amount of compensation payable. 16
(5) The local land board's determination is binding on the Minister and 17
Local Land Services. 18
Division 3 Timber on controlled travelling stock reserves 19
66 Removal or destruction of timber 20
(1) Local Land Services must not remove, fell or destroy timber from an 21
area of more than one hectare of land within a controlled travelling 22
stock reserve unless it has given the Forestry Corporation at least 23
3 months' notice in writing of its intention to do so. 24
Note. For the effect of compliance with this section, see section 38 (4) (e) of the 25
Forestry Act 2012. 26
(2) Local Land Services must consult the Chief Executive of the Office of 27
Environment and Heritage before it decides whether or not to fell timber 28
on or remove timber felled on a controlled travelling stock reserve that 29
adjoins a national park or a nature reserve. 30
(3) Local Land Services may remove timber only after giving due 31
consideration to any representations made by the Chief Executive of the 32
Office of Environment and Heritage. 33
67 Use of felled timber 34
(1) Local Land Services may sell timber felled on a controlled travelling 35
stock reserve or may use the timber for the purpose of improving any 36
travelling stock reserve within a region or carrying out any work in a 37
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Local Land Services Bill 2013 Clause 68
Travelling stock reserves and public roads Part 6
region necessary for the exercise of its functions but must not use the 1
timber for any other purpose. 2
(2) Local Land Services may sell timber felled on a controlled travelling 3
stock reserve with the consent of the Forestry Corporation, despite 4
anything in the Forestry Act 2012 to the contrary. 5
68 Licences to remove timber 6
(1) The Forestry Corporation must obtain the consent of Local Land 7
Services before it issues any licence under the Forestry Act 2012 to any 8
person other than Local Land Services to cut or remove timber that is 9
located in a controlled travelling stock reserve. 10
(2) A licence may include such conditions or restrictions as the Forestry 11
Corporation and Local Land Services agree on. 12
(3) If the Forestry Corporation and Local Land Services are in dispute as to 13
the conditions or restrictions to be included in a licence, either of them 14
may refer the dispute to the Minister administering the Forestry Act 15
2012 for determination. 16
(4) The Minister's determination of the dispute is binding on the Forestry 17
Corporation and Local Land Services. 18
69 Relationship to other Acts 19
Nothing in this Part authorises or permits Local Land Services to take 20
any action in respect of a controlled travelling stock reserve that is 21
contrary to the Native Vegetation Act 2003. 22
Division 4 Closure of controlled travelling stock reserves 23
70 Closure orders 24
(1) Local Land Services may make an order (a closure order): 25
(a) closing a controlled travelling stock reserve (or specified part of 26
a reserve), or 27
(b) suspending an entitlement or authority conferred by or under 28
section 74 to use a controlled travelling stock reserve (or 29
specified part of a reserve) for any recreational activity, or 30
(c) suspending the operation of any stock permit or permit issued 31
under the Stock Diseases Act 1923 or reserve use permit in 32
relation to the reserve (or part of any such reserve) except to the 33
extent specified in the order. 34
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Clause 71 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
(2) Local Land Services may make an order under subsection (1) (a): 1
(a) for the purpose of taking appropriate measures for the following: 2
(i) the conservation of the soil or vegetation, 3
(ii) the prevention or mitigation of soil erosion, 4
(iii) the regeneration or planting of trees or pasture, or 5
(b) to enable Local Land Services to exercise any of its other 6
functions in relation to the reserve. 7
(3) Local Land Services may make an order under subsection (1) (b) or (c) 8
if use of the reserve for the purposes of the activity concerned or as 9
authorised by the permit could result in: 10
(a) damage to the reserve or part of the reserve or to any structure or 11
other thing located on the reserve or part of the reserve, or 12
(b) nuisance or annoyance to any members of the public. 13
71 Notice of closure 14
(1) Local Land Services must publish or notify the making of a closure 15
order in a newspaper circulating generally in the region or regions in 16
which the controlled travelling stock reserve (or part reserve) is located. 17
(2) A closure order takes effect on the day on which it is so published or 18
notified or, if a later day is specified in the order, on that later day. 19
(3) A closure order (unless sooner repealed or amended) remains in force 20
for the period specified in the order. 21
Division 5 Use of travelling stock reserves and public roads 22
72 Unauthorised uses of travelling stock reserves 23
A person must not, without lawful authority: 24
(a) enter or remain on a travelling stock reserve, or 25
(b) occupy or make use of any travelling stock reserve for any 26
purpose, or 27
(c) engage in any activity that damages, or is likely to damage, a 28
travelling stock reserve. 29
Maximum penalty: 50 penalty units. 30
73 Unauthorised use of public roads 31
(1) A person who owns or has charge of stock must ensure that the stock do 32
not walk or graze on a public road. 33
Maximum penalty: 50 penalty units. 34
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Local Land Services Bill 2013 Clause 74
Travelling stock reserves and public roads Part 6
(2) A person is not guilty of an offence under this section if the stock are 1
being walked or grazed under the authority of a stock permit or an order 2
made or permit issued under the Stock Diseases Act 1923 or in any other 3
circumstances prescribed by the regulations for the purposes of this 4
subsection. 5
74 Authorised use of travelling stock reserves for recreational activities 6
(1) A person is authorised to use a travelling stock reserve (whether 7
controlled or managed) or part of any such reserve on any day between 8
sunrise and sunset for any recreational activity prescribed by the 9
regulations, subject to this Act and any conditions prescribed by the 10
regulations. 11
(2) The Crown is to indemnify Local Land Services in respect of: 12
(a) the death of or injury to any person, or 13
(b) damage to, or the destruction of, property other than that of Local 14
Land Services, 15
arising out of the use of a travelling stock reserve for the purpose of a 16
recreational activity in accordance with this section. 17
(3) Subsection (2) does not apply to the death of or personal injury to the 18
following persons if the death or injury arises in connection with the 19
exercise by Local Land Services of its functions: 20
(a) a member of the Board, 21
(b) a member of a local board, 22
(c) a member of staff of Local Land Services. 23
75 Certain occupiers of land to have a right of access over travelling stock 24
reserves 25
(1) An occupier of land is entitled to a right of way over a travelling stock 26
reserve (whether controlled or managed) to and from the road nearest to 27
the land if no other access to and from the land by means of an 28
established road or track is available. 29
(2) A right of way is subject to such conditions as to its exercise (including 30
any conditions as to its position, construction or improvement) as may 31
be imposed by Local Land Services in a particular case. 32
(3) Local Land Services is to give notice to the occupier of land of any 33
condition imposed by it on a right of way of the occupier. 34
(4) The occupier may, with the approval of Local Land Services, and must 35
if directed to do so by Local Land Services by notice in writing, 36
construct or make improvements to the occupier's right of way over the 37
reserve. 38
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Clause 76 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
(5) Any construction or improvements are to be made at the expense of the 1
occupier. 2
76 Appeal about right of way conditions 3
(1) An occupier of land may appeal to the appropriate local land board 4
against a decision of Local Land Services to impose a condition or 5
direct the making of any improvement under section 75. 6
(2) The appeal must be made within 28 days of receipt of notice of the 7
decision or direction. 8
(3) On hearing the appeal, the local land board may: 9
(a) revoke the decision or direction, or 10
(b) confirm the decision or direction. 11
(4) A decision of the local land board on appeal is final and is to be given 12
effect as if it were a decision of Local Land Services. 13
77 Reserve use permit 14
(1) Local Land Services may issue a permit (a reserve use permit) 15
authorising a person or group of persons to engage in any activity in, or 16
to occupy or make use of, a travelling stock reserve in a region for the 17
purpose of establishing and maintaining an apiary or for any other 18
purpose. 19
(2) A reserve use permit must specify the days, or times of day, or both, that 20
the activity, or occupation or use, is authorised. 21
(3) Despite subsection (1), a reserve use permit cannot be issued to 22
authorise engagement in any activity prohibited by this Act or to 23
authorise occupation or use of a travelling stock reserve: 24
(a) by travelling stock or for any stock for grazing purposes, or 25
(b) for any recreational activity prescribed by the regulations under 26
section 74, or 27
(c) for any purpose prescribed by the regulations for the purposes of 28
this section. 29
(4) A reserve use permit is to be in the approved form. 30
78 Stock permits authorising certain uses of travelling stock reserves and 31
public roads 32
(1) An authorised officer of Local Land Services may issue a permit (a 33
stock permit) to any person authorising the person to do anything (or 34
omit to do anything) on or in relation to any public road or travelling 35
stock reserve (whether controlled or managed) specified in the permit in 36
Page 32
Local Land Services Bill 2013 Clause 79
Travelling stock reserves and public roads Part 6
respect of stock owned or in the charge of the person and that would 1
otherwise contravene a provision of this Division. 2
(2) Without limiting subsection (1), an authorised officer may issue a stock 3
permit authorising a person to do any one or more of the following: 4
(a) enter a controlled travelling stock reserve with stock, 5
(b) remain on a controlled travelling stock reserve with stock, 6
(c) walk stock on a public road or travelling stock reserve, 7
(d) graze stock on a public road or controlled travelling stock 8
reserve. 9
(3) A stock permit cannot be issued authorising a person to graze stock 10
(other than travelling stock) on a public road without the concurrence 11
of: 12
(a) in the case of a public road that is not a Crown road--the local 13
authority in which the road is vested, or 14
(b) in the case of a Crown road--the Minister administering the 15
Crown Lands Act 1989. 16
Note. Under section 40 of the National Parks and Wildlife Act 1974 the 17
concurrence of the Minister is required before the issue of a permit to graze over 18
a travelling stock reserve within the boundaries of a national park or historic site. 19
(4) A stock permit is to be in the approved form. 20
(5) Nothing in this section authorises or permits an authorised officer to 21
issue a stock permit authorising a person to do (or omit to do) anything 22
on or in relation to a freeway or tollway within the meaning of the Roads 23
Act 1993. 24
79 Applications for stock permits and reserve use permits 25
(1) An application for a permit is to be made to Local Land Services in the 26
manner prescribed by the regulations. 27
(2) A permit must not be issued unless: 28
(a) in relation to a reserve use permit (as referred to in 29
section 77 (1))--the fee (if any) determined by Local Land 30
Services has been paid or arrangements have been made for 31
payment of the fee after issue of the permit, or 32
(b) in relation to a stock permit that solely authorises a person to 33
walk stock on a public road or travelling stock reserve (as 34
referred to in section 78 (2) (c))--the fee (if any) determined by 35
Local Land Services has been paid or arrangements have been 36
made for payment of the fee after issue of the permit, or 37
Page 33
Clause 79 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
(c) in relation to a stock permit that solely authorises a person to 1
graze stock on a public road (as referred to in section 78 (2) 2
(d))--the fee (if any) prescribed by the regulations in respect of 3
the permit, or such lesser amount as may be determined by Local 4
Land Services in accordance with subsection (3), has been paid 5
or arrangements have been made for payment of the fee or the 6
lesser amount after issue of the permit, or 7
(d) in relation to a stock permit that solely authorises a person to 8
graze stock on a controlled travelling stock reserve (as referred to 9
in section 78 (2) (d))--the following fee (if any) or amount has 10
been paid or arrangements have been made for payment of the fee 11
or amount after issue of the permit: 12
(i) the fee determined by an auction, public tender or other 13
means approved by Local Land Services for the permit, 14
(ii) the fee (if any) prescribed by the regulations in respect of 15
the permit, or such lesser amount as may be determined by 16
Local Land Services in accordance with subsection (3), or 17
(e) in relation to any other stock permit--the fee (if any) prescribed 18
by the regulations in respect of the permit, or such lesser amount 19
as may be determined by Local Land Services in accordance with 20
subsection (3), has been paid or arrangements have been made for 21
payment of the fee or the lesser amount after issue of the permit. 22
(3) For the purposes of subsection (2), any lesser amount determined by 23
Local Land Services must be determined by reference to: 24
(a) a class of persons, public roads, travelling stock reserves or 25
activities, or 26
(b) situations that come within circumstances described in the 27
determination. 28
(4) Local Land Services must display in a conspicuous place in its office the 29
fees prescribed by the regulations or determined by Local Land Services 30
as payable for applications for permits. 31
(5) An application under this section is taken (for the purposes only of any 32
appeal) to have been refused if it has not been determined within the 33
period of 14 days after the making of the application. 34
(6) If Local Land Services has determined that the fee for a stock permit 35
that solely authorises a person to graze stock on a controlled travelling 36
stock reserve is to be determined by an auction, public tender or other 37
means approved by Local Land Services (as referred to in subsection (2) 38
(d) (i)) and such an auction, public tender or determination by other 39
means occurs, Local Land Services may not accept the fee or lesser 40
amount (as referred to in subsection (2) (d) (ii)) for the permit. 41
Page 34
Local Land Services Bill 2013 Clause 80
Travelling stock reserves and public roads Part 6
80 Duration of stock permits and reserve use permits 1
A permit, unless sooner cancelled or suspended, remains in force for the 2
period specified in the permit. 3
81 Cancellation or suspension of stock permits and reserve use permits 4
(1) A permit may be cancelled or suspended by Local Land Services at any 5
time by notice in writing given to the permit holder. 6
(2) The notice is to state the grounds for cancellation or suspension of the 7
permit. 8
(3) Without limiting the grounds on which Local Land Services may cancel 9
or suspend a permit, Local Land Services may suspend or cancel a 10
permit on any of the following grounds: 11
(a) the holder of the permit has been convicted of an offence against 12
this Act or the regulations, 13
(b) the holder of the permit has contravened a condition to which the 14
permit is subject, 15
(c) cancellation or suspension is necessary for the protection of any 16
stock or of a public road or travelling stock reserve. 17
82 Classes of stock permits and reserve use permits 18
(1) The regulations may prescribe different classes of permits and describe 19
the authority conferred on a person by issue of a particular class of 20
permit. 21
(2) The regulations may prescribe the conditions to which a class of permit 22
is subject. 23
83 Conditions of stock permits and reserve use permits 24
(1) A permit is subject to such conditions as are prescribed by the 25
regulations or specified in the permit. 26
(2) Local Land Services may by notice in writing to the holder of a permit: 27
(a) revoke or vary any conditions attached to the permit that it has 28
specified, or 29
(b) attach new conditions to the permit. 30
(3) A holder of a permit who contravenes any condition of the permit is 31
guilty of an offence. 32
Maximum penalty: 20 penalty units. 33
Page 35
Clause 84 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
84 Movement and grazing of stock authorised by stock permits must 1
comply with Act and regulations 2
The holder of a stock permit must ensure that stock that the holder owns 3
or of which the holder has charge are not moved over, or grazed on, a 4
public road or travelling stock reserve in contravention of any provision 5
of this Act or the regulations. 6
Maximum penalty: 20 penalty units. 7
Note. See also section 191 (Court may order payment of additional penalty in 8
certain cases). 9
85 Stock permits controlled for adjoining regions 10
If a boundary of 2 regions is a public road or a travelling stock reserve, 11
and the walking or grazing of stock on the road or reserve is authorised 12
for one of the regions, the walking or grazing of stock is taken to be 13
authorised for so much of the other region as comprises the road or 14
reserve. 15
86 Appeals concerning the issue, cancellation or suspension of permits 16
(1) An applicant for a permit may appeal to the local land board against a 17
decision of Local Land Services to refuse to issue a permit. 18
(2) The holder of a permit may appeal to the local land board against a 19
decision of Local Land Services to cancel or suspend the permit. 20
(3) The appeal must be made within 28 days of the refusal or receipt of the 21
notice of cancellation or suspension. 22
(4) A decision of Local Land Services to refuse to issue a permit or to 23
cancel or suspend a permit is effective and operates (subject to any final 24
determination on appeal) from the date of the decision. 25
(5) On hearing the appeal, the local land board may: 26
(a) revoke the decision to refuse to issue the permit and issue the 27
permit (whether or not subject to conditions), or 28
(b) confirm the decision to refuse to issue the permit, or 29
(c) revoke the decision to cancel or suspend the permit, or 30
(d) confirm the decision to cancel or suspend the permit. 31
(6) A decision of the local land board on appeal is final and is to be given 32
effect as if it were a decision of Local Land Services. 33
Page 36
Local Land Services Bill 2013 Clause 87
Travelling stock reserves and public roads Part 6
87 Compensation 1
A local land board that revokes the decision of Local Land Services to 2
cancel or suspend a permit may, on application of the holder of the 3
permit, order Local Land Services to pay compensation to the holder for 4
any loss arising out of the cancellation or suspension. 5
Note. A party to proceedings before a local land board under this section may 6
appeal to the Land and Environment Court against its decision. See section 26 7
of the Crown Lands Act 1989. 8
Division 6 Fencing of boundaries of controlled travelling 9
stock reserves 10
88 Definitions 11
In this Division: 12
fencing notice means a notice given under section 91. 13
fencing work means the erection, replacement, repair, alteration or 14
maintenance of a fence. 15
89 Application of Division 16
This Division does not apply to the following: 17
(a) the holder of a yearly lease, 18
(b) a lessee under a lease from the Crown (other than a yearly lease) 19
if the lease has at the relevant date less than 5 years to run, 20
(c) a licensee under a licence from the Crown. 21
90 Exclusion of Dividing Fences Act 1991 22
The Dividing Fences Act 1991 does not apply to or in respect of so much 23
of any controlled travelling stock reserve that adjoins land owned by a 24
person other than Local Land Services or that is separated from a 25
controlled travelling stock reserve only by a road or watercourse. 26
91 Owner of land adjoining travelling stock reserve may be required to carry 27
out fencing work 28
(1) Local Land Services may, by notice in writing given to the owner of any 29
land adjoining a controlled travelling stock reserve, or separated from 30
such a reserve only by a road or watercourse, require the owner to carry 31
out fencing work on the common boundary of the land and the reserve 32
or of the land and the road or watercourse by the date specified in the 33
notice. 34
Note. Section 210 (Service of documents) sets out various ways in which a 35
fencing notice may be given. 36
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Clause 92 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
(2) A fencing notice may be given only if Local Land Services considers it 1
is necessary for the fencing work to be carried out for the proper 2
protection or improvement of the controlled travelling stock reserve. 3
(3) The fencing notice may specify the standard that the fencing work is 4
required to meet. 5
(4) The owner to whom a fencing notice is given must comply with the 6
notice. 7
(5) Local Land Services may carry out the fencing work required by the 8
fencing notice if the owner fails to comply with the notice. 9
92 Fencing notice to specify contributions payable 10
(1) A fencing notice is to specify whether the owner of the land is to bear 11
the whole or a specified portion of the cost of the fencing work required 12
by the notice and the contribution payable by Local Land Services. 13
(2) An owner must not be required to bear more than half the cost of the 14
fencing work except with the concurrence of Local Land Services. 15
93 Costs of fencing work 16
An owner of land who carries out fencing work required by a fencing 17
notice is entitled to recover from Local Land Services the contribution 18
of Local Land Services to the cost of the fencing work. 19
94 Compliance notice--fencing 20
(1) If Local Land Services carries out fencing work required by a fencing 21
notice because the owner to whom a fencing notice was given fails to 22
comply with the notice, it may, by notice in writing given to the owner, 23
require the owner to pay to it: 24
(a) a contribution not exceeding half the cost of the fencing work 25
carried out by Local Land Services, or 26
(b) if the fencing notice specifies that the owner is liable for a greater 27
portion of the cost of the fencing work, a contribution equivalent 28
to that portion of the cost. 29
(2) The notice under subsection (1) is to specify the period within which the 30
contribution or amount is payable. 31
Note. See Schedule 3 regarding charges on land for unpaid amounts and 32
Division 1 of Part 12 and Schedule 5 regarding recovery of unpaid contributions. 33
Page 38
Local Land Services Bill 2013 Clause 95
Travelling stock reserves and public roads Part 6
95 Application to local land board 1
(1) If the owner of land to whom a fencing notice has been given and Local 2
Land Services are in dispute with respect to fencing work required by 3
the notice, either of them may apply to the appropriate local land board 4
to determine the matter. 5
(2) On receiving an application under this section, the local land board must 6
hear and determine the application. 7
96 Jurisdiction of local land board not to be ousted in certain cases 8
(1) The jurisdiction of the local land board before which proceedings are 9
brought under section 95 cannot be ousted on the ground that the 10
defendant or respondent in the proceedings does not reside within the 11
land district for which the local land board is constituted. 12
(2) However, the local land board before which the proceedings are brought 13
may transfer the application to a local land board that may more 14
appropriately hear the application. 15
(3) On receiving an application transferred to it under this section, a local 16
land board must hear and determine the application. 17
97 Local land board may allow time for payment 18
(1) In proceedings under this Division before a local land board for the 19
determination of any contribution, or amount of money, the local land 20
board may allow time for payment of the money concerned. 21
(2) The local land board may: 22
(a) determine that the money be paid in instalments, and 23
(b) fix the amounts of the instalments and the dates by which they are 24
payable, and 25
(c) order interest at a rate not exceeding that prescribed by the 26
regulations to be paid on that money. 27
(3) If a local land board exercises the power conferred by subsection (2), the 28
money concerned becomes payable by instalments, on the dates 29
together with interest as fixed under that subsection. 30
98 Right to refer matters to Land and Environment Court 31
A local land board and the Minister administering this section have the 32
same rights and powers to refer matters to the Land and Environment 33
Court as the local land board and the Minister administering the Crown 34
Lands Act 1989 have under sections 27 and 28 of that Act. 35
Page 39
Clause 99 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
99 Powers of Local Land Services with respect to fences 1
(1) Local Land Services may refer to the appropriate local land board any 2
question as to: 3
(a) any matter requiring Local Land Services' approval or 4
concurrence under this Division, or 5
(b) any other matter that Local Land Services considers necessary or 6
appropriate to be inquired into for the purposes of this Division. 7
(2) On receiving a reference, the local land board concerned must: 8
(a) inquire into the question referred, and 9
(b) as soon as practicable after the inquiry is completed--report its 10
findings to Local Land Services in writing. 11
Division 7 Miscellaneous 12
100 Local Land Services not liable for use of pesticides or chemicals on 13
reserves 14
(1) Local Land Services is not liable to pay damages in respect of any 15
pesticide or chemical related injury attributable to the application by 16
Local Land Services of a pesticide or chemical to a controlled travelling 17
stock reserve if Local Land Services has given notice in accordance 18
with the regulations that the pesticide or chemical was about to be 19
applied or had been applied to the reserve. 20
(2) This section has effect in relation to a controlled travelling stock reserve 21
(or part of such a reserve) to which a pesticide or chemical has been 22
applied whether or not an appropriate permit is in force that authorises 23
its holder to use the reserve (or part of the reserve) for a particular 24
purpose. 25
(3) In this section: 26
pesticide or chemical related injury means death of, or injury or illness 27
suffered by, a person, or deaths of, or injuries or diseases suffered by, 28
stock or bees, that are attributable to the application of a pesticide or 29
chemical. 30
101 Local Land Services not liable for injury attributable to diseased 31
travelling stock 32
(1) Local Land Services is not liable to pay damages in respect of any 33
disease related injury that is attributable to diseased travelling stock that 34
have been walked or grazed on a travelling stock reserve or public road 35
if Local Land Services has given notice in accordance with the 36
regulations that the stock have been walked over or grazed on the 37
reserve. 38
Page 40
Local Land Services Bill 2013 Clause 102
Travelling stock reserves and public roads Part 6
(2) This section has effect in relation to a travelling stock reserve (or part of 1
such a reserve) or public road on which diseased stock have been 2
walked or grazed, whether or not an appropriate permit is in force that 3
authorises the holder to use the reserve (or part of the reserve) or public 4
road for the purpose of walking or grazing stock. 5
(3) In this section: 6
disease related injury means death of, or injury or illness suffered by, a 7
person, or deaths of, or injuries or diseases suffered by, stock or bees, 8
that are attributable to diseased stock. 9
102 When may Local Land Services impound bees or beehives placed or 10
kept on a controlled travelling stock reserve? 11
(1) Local Land Services may impound any bees or beehives placed, or 12
being kept, on a controlled travelling stock reserve if the bees or 13
beehives have been placed, or are being kept, otherwise than in 14
accordance with a reserve use permit issued by Local Land Services. 15
(2) The bees or beehives are to be impounded in such manner as may be 16
prescribed by the regulations. 17
(3) Local Land Services may decline to release any bees or beehives 18
impounded by it to a person who claims to own them unless the person 19
pays to Local Land Services the impounding fee prescribed by the 20
regulations. 21
(4) Nothing in this section limits or affects any power with respect to bees 22
or beehives conferred on an inspector under section 15A, 17, 18A or 24 23
of the Apiaries Act 1985. 24
103 Orders for mustering of stock 25
(1) The person in charge of any stock that are on any part of a public road 26
or a travelling stock reserve must, if requested to do so by a prescribed 27
officer: 28
(a) muster the stock at a specified place in the vicinity of that part of 29
the road or reserve, and 30
(b) allow the prescribed officer to inspect the stock, and 31
(c) assist in counting the stock, and 32
(d) provide the prescribed officer with such other assistance as the 33
prescribed officer may reasonably require, and 34
(e) except as provided by subsection (2), produce for inspection by 35
the prescribed officer an appropriate permit in respect of the 36
stock. 37
Maximum penalty: 10 penalty units. 38
Page 41
Clause 104 Local Land Services Bill 2013
Part 6 Travelling stock reserves and public roads
(2) The person in charge of stock is not required to produce an appropriate 1
permit for inspection if the person claims that the stock are being 2
conveyed under the authority of an order made or a permit issued under 3
the Stock Diseases Act 1923. 4
(3) A person in charge of stock who claims that stock are being conveyed 5
as referred to in subsection (2) must, if requested to do so by the 6
prescribed officer, produce that order or permit for inspection by the 7
officer within 48 hours after the request is made. 8
Maximum penalty: 10 penalty units. 9
(4) In this section, prescribed officer means any of the following: 10
(a) an authorised officer, 11
(b) a police officer, 12
(c) an inspector appointed under the Stock Diseases Act 1923, 13
(d) any other person prescribed by the regulations for the purposes of 14
this paragraph. 15
104 Power of Local Land Services to recover compensation in respect of 16
damage caused to or on controlled travelling stock reserve 17
(1) Local Land Services may recover from a person who: 18
(a) damages a controlled travelling stock reserve, or 19
(b) damages or destroys any structure or work located on a controlled 20
travelling stock reserve, 21
an amount equal to its expenses in rectifying the damage or replacing 22
the destroyed structure or work. 23
(2) This section has effect irrespective of whether the damage or 24
destruction was perpetrated without intention, recklessness or 25
negligence. 26
(3) The recovery from a person of an amount under this section does not 27
affect the liability of the person to be dealt with for an offence by or 28
under this Act or under any other law arising out of the same matter. 29
105 Exemption power--Local Land Services 30
(1) Local Land Services may exempt a person or a class of persons in 31
writing from the operation of this Part or a specified provision of this 32
Part. 33
(2) The exemption may be limited in duration or may be subject to such 34
factors or circumstances as may be specified in the exemption. 35
Page 42
Local Land Services Bill 2013 Clause 105
Travelling stock reserves and public roads Part 6
(3) Local Land Services may cancel the exemption in writing at any time. 1
(4) Local Land Services is to give notice in accordance with the regulations 2
of any exemption given (or of any cancellation of an exemption made) 3
under this section. 4
Page 43
Clause 106 Local Land Services Bill 2013
Part 7 Stock watering places
Part 7 Stock watering places 1
106 Declaration of stock watering places 2
The Minister administering the Crown Lands Act 1989 may, by order 3
published in the Gazette, declare any of the following to be a stock 4
watering place: 5
(a) any Crown land, or land acquired under section 135 of the Crown 6
Lands Act 1989 for a stock watering place, 7
(b) any land acquired for the purpose by a local authority. 8
107 Declaration of stock watering place as town water supply 9
The Minister administering this section may, by order published in the 10
Gazette, declare a stock watering place to be a town water supply. 11
108 Which bodies are to be controlling authorities of stock watering places? 12
(1) The controlling authority of a stock watering place that has been 13
declared to be a town water supply under section 107 is: 14
(a) if the stock watering place is located within a local government 15
area--the local authority, or 16
(b) if the stock watering place is not located within a local 17
government area--a person or body nominated by the Minister. 18
(2) The controlling authority of a stock watering place that has not been 19
declared to be a town water supply is: 20
(a) the body specified by the regulations as the controlling authority 21
of the stock watering place, or 22
(b) if no body is so specified--Local Land Services. 23
109 Controlling authority may construct water storage works 24
(1) The controlling authority of a stock watering place may: 25
(a) construct water storage works at the watering place, and 26
(b) carry out improvements to any water storage works. 27
(2) The controlling authority of a stock watering place is responsible, 28
subject to any provision to the contrary of a lease granted under section 29
111, for maintaining and, where necessary, repairing any water storage 30
works constructed by it. 31
(3) The cost of: 32
(a) constructing a water storage work at a stock watering place that 33
is not under the control of a local authority, or 34
Page 44
Local Land Services Bill 2013 Clause 110
Stock watering places Part 7
(b) carrying out improvements, maintenance or repairs to any water 1
storage work, 2
is, subject to any provision to the contrary of a lease granted under 3
section 111, payable by the relevant controlling authority. 4
(4) The controlling authority of a stock watering place must obtain the 5
approval of the Minister before constructing a water storage work or 6
carrying out any improvements, maintenance or repairs to a water 7
storage work the cost of which exceeds $20,000 (or such other amount 8
as may be prescribed by the regulations). 9
(5) In this section: 10
water storage works means tanks, dams, reservoirs, pumps (including 11
windmills) and other works for storing water or for providing water. 12
110 Compensation for improvements on former stock watering place 13
(1) The Minister administering the Crown Lands Act 1989 is liable to pay 14
compensation for improvements made by a local authority or Local 15
Land Services, as the controlling authority of a stock watering place, if 16
the land on which the improvements are made is Crown land, or land 17
acquired under section 135 of the Crown Lands Act 1989 for a stock 18
watering place, that ceases to be, or to form part of, the stock watering 19
place as a consequence of the revocation or variation of the order 20
declaring the stock watering place. 21
(2) The compensation must not exceed the current value of the 22
improvements. 23
(3) If the Minister administering the Crown Lands Act 1989 and the local 24
authority or Local Land Services are unable to reach an agreement as to 25
the amount of compensation payable under this section, either of them 26
may apply to the appropriate local land board to determine the matter. 27
(4) The local land board to which application is made under this section 28
must determine the amount of compensation payable. 29
111 Leases of stock watering places 30
(1) The controlling authority of a stock watering place may, following 31
auction, public tender or other means approved by Local Land Services, 32
grant a lease of the watering place. 33
(2) The controlling authority must not grant a lease of a stock watering 34
place for a period (including any period for which the lease could be 35
extended or renewed by the exercise of an option) exceeding the period 36
prescribed by the regulations. 37
(3) A lease of a stock watering place may, with the approval of the 38
controlling authority of that place, be transferred to another person. 39
Page 45
Clause 112 Local Land Services Bill 2013
Part 7 Stock watering places
112 Controlling authority and lessee to supply water to certain persons and 1
stock 2
The controlling authority, or lessee, of a stock watering place must: 3
(a) supply water (if available) to any person or stock of a class 4
prescribed by the regulations, or 5
(b) allow stock to depasture at the stock watering place in the 6
circumstances, and in accordance with any conditions, prescribed 7
by the regulations. 8
113 Offence to damage stock watering place 9
(1) A person must not intentionally or recklessly pollute or, without lawful 10
authority, interfere with any water that flows into, or that is used as, the 11
source of supply for any stock watering place. 12
Maximum penalty: 100 penalty units. 13
(2) If any person pollutes or, without lawful authority, interferes with any 14
water that flows into, or that is used as, the source of supply for a stock 15
watering place, the relevant controlling authority may recover from the 16
person an amount equal to the cost of cleaning up or removing the 17
pollution or interference as a debt due in a court of competent 18
jurisdiction. 19
(3) Proceedings may be brought under subsection (2) irrespective of 20
whether proceedings could be or have been brought for an offence 21
under subsection (1) arising out of the same matter. 22
Page 46
Local Land Services Bill 2013 Clause 114
Impounding of unattended and trespassing stock and abandoned articles Part 8
Part 8 Impounding of unattended and trespassing 1
stock and abandoned articles 2
Note. The Impounding Act 1993 empowers persons appointed by Local Land Services (which 3
is an impounding authority for the purposes of that Act) to impound and deal with animals 4
(including pigs and deer) and articles in public places and places owned or under the control 5
of Local Land Services if, in the case of animals, they are unattended or trespassing or, in the 6
case of articles, they have been abandoned or left unattended. It also enables occupiers of 7
private land to impound and deal with animals trespassing on their land, provides for the 8
release of impounded animals and articles that are claimed by their owners and, if they are 9
disposed of by sale, provides for the disposal of the proceeds of sale. 10
This Part includes some provisions that complement or supplement the provisions of the 11
Impounding Act 1993. 12
114 Definitions 13
(1) In this Part: 14
stock includes pig and deer. 15
(2) If an expression is defined in the Impounding Act 1993 and is also used 16
in this Part, the expression as used in this Part has, unless the contrary 17
intention appears, the same meaning as in that Act. 18
Note. Expressions used include: 19
impounding authority, which is defined to include Local Land Services. 20
unattended which is defined, in relation to an animal, to include abandoned or 21
straying. 22
115 Unattended stock 23
Stock are not unattended for the purposes of sections 9 (2) (d) and 24
32 (3) (d) of the Impounding Act 1993 if the stock are unattended on a 25
road or travelling stock reserve: 26
(a) in accordance with the authority conferred by (and any conditions 27
of) a stock permit, or 28
(b) in any other circumstances prescribed by the regulations for the 29
purposes of this paragraph. 30
116 Offence of causing or permitting stock to be on a public road, travelling 31
stock reserve or public land without authority 32
(1) If stock (whether attended or unattended) are on a public road, travelling 33
stock reserve or other public land except in accordance with the 34
authority conferred by (and in accordance with any conditions of) a 35
stock permit or by or under any law the owner of the stock, and the 36
person in charge of the stock (if not the owner), are each guilty of an 37
offence. 38
Maximum penalty: 50 penalty units. 39
Page 47
Clause 117 Local Land Services Bill 2013
Part 8 Impounding of unattended and trespassing stock and abandoned articles
(2) It is a defence to a prosecution for an offence against this section if the 1
defendant proves that the defendant had taken all reasonable steps to 2
prevent the contravention. 3
(3) An impounding officer may impound any stock the impounding officer 4
suspects to be on a public road, travelling stock reserve or other public 5
land in contravention of this section in the same way that the 6
impounding officer may impound an animal under section 9 of the 7
Impounding Act 1993. 8
117 Release of impounded stock 9
A person must not, without the authority of an impounding authority: 10
(a) release, or 11
(b) incite or assist any person to release, 12
any animal impounded, or seized or detained in a region for the purpose 13
of being impounded. 14
Maximum penalty: 50 penalty units. 15
Page 48
Local Land Services Bill 2013 Clause 118
Transportation of stock by vehicle Part 9
Part 9 Transportation of stock by vehicle 1
118 Definitions 2
In this Part: 3
Accreditation Committee means the Stock Transportation 4
Accreditation Committee constituted by section 125. 5
authorised officer means an authorised officer who is: 6
(a) a police officer, or 7
(b) an authorised officer who is authorised to exercise functions 8
conferred on authorised officers by this Part. 9
stock means the following: 10
(a) cattle, 11
(b) sheep, 12
(c) any other kind of animal declared by the regulations to be stock 13
for the purposes of this Part. 14
stock transportation particulars--see section 119. 15
Note. Vehicle is defined in the Dictionary to this Act to include any means of 16
road, rail, waterborne or airborne transport. 17
transported stock statement means a document that contains stock 18
transportation particulars and that is in a form approved for the purposes 19
of this Part under section 127. 20
119 Stock transportation particulars 21
(1) For the purposes of this Part, the following are stock transportation 22
particulars in relation to stock: 23
(a) the date the transportation of the stock commenced or is to 24
commence, 25
(b) the address at which the stock were or are to be loaded to 26
commence the transportation, 27
(c) details of the type and number of stock being or to be transported, 28
(d) if the stock are being or are to be transported for the owner or 29
owners of the stock--the name and address of the owner of the 30
stock (or, if there is more than one owner, of at least one of the 31
owners), 32
(e) if the stock are being or are to be transported for a person other 33
than the owner or owners of the stock who is an employee of the 34
owner or owners or is otherwise responsible for the stock--the 35
name and address of that person, 36
(f) the name and address of the person to whom the stock are being 37
or are to be transported, 38
Page 49
Clause 120 Local Land Services Bill 2013
Part 9 Transportation of stock by vehicle
(g) the address to which the stock are being or are to be transported 1
(if different from the address referred to in paragraph (f)), 2
(h) any other particulars prescribed by the regulations. 3
(2) In this section: 4
address of a corporation means the registered office or sole or principal 5
place of business of the corporation. 6
120 Restrictions on the transport of stock by vehicle on a road 7
(1) An owner of stock that are to be transported by a vehicle on a road must: 8
(a) duly complete a transported stock statement in relation to the 9
stock, and 10
(b) if a person other than an owner is to transport the stock, make a 11
copy of the statement, 12
before the commencement of the transportation. 13
Maximum penalty: 20 penalty units. 14
Note. Section 122 requires records of transported stock statements to be 15
retained. 16
(2) If the owner of stock causes another person to transport the stock by 17
vehicle on a road, the owner must provide the person in charge of the 18
vehicle at the commencement of the transportation with a transported 19
stock statement in relation to the stock before the commencement of the 20
transportation. 21
Maximum penalty: 20 penalty units. 22
(3) The person who is in charge of a vehicle in which stock are being 23
transported on a road must: 24
(a) be in possession of a transported stock statement in relation to the 25
stock, and 26
(b) ensure that the stock correspond with the description of the stock 27
specified in the document. 28
Maximum penalty: 20 penalty units. 29
(4) A person is not guilty of an offence under this section if the stock 30
concerned are transported or are to be transported under the authority 31
of: 32
(a) a stock permit, or 33
(b) an order made or a permit issued under the Stock Diseases Act 34
1923. 35
Page 50
Local Land Services Bill 2013 Clause 121
Transportation of stock by vehicle Part 9
(5) This section does not apply to the transport of stock by vehicle on a road 1
in the following circumstances: 2
(a) stock transported into New South Wales from another State or the 3
Australian Capital Territory and transported within New South 4
Wales for up to 30 kilometres before proceeding back into the 5
other State or that Territory as part of an unbroken journey, 6
(b) stock transported across or along a road from one part of a 7
holding to another part that would be contiguous with the 8
first-mentioned part but for being separated by the road, 9
(c) stock transported to or from a place for treatment by a veterinary 10
practitioner (within the meaning of the Veterinary Practice Act 11
2003), 12
(d) stock transported in any other circumstances prescribed by the 13
regulations. 14
(6) In this section: 15
owner of stock includes: 16
(a) an employee of the owner of the stock, and 17
(b) a person other than the owner of the stock who is responsible for 18
the stock, and 19
(c) an employee of a person referred to in paragraph (b). 20
121 Restriction on the consignment of stock by rail, water or air transport 21
(1) A person must not consign stock that are to be transported by any form 22
of rail, water or air transport to another person (the consignee) unless 23
the person has provided the consignee with a duly completed 24
transported stock statement in respect of the stock. 25
Maximum penalty: 20 penalty units. 26
(2) A consignee who is provided with a transported stock statement must 27
(unless the consignee is to be responsible for the stock during the 28
transport) provide a copy of the statement to the person who is to be 29
responsible for the stock during the transport. 30
Maximum penalty: 20 penalty units. 31
(3) A person who is provided by a consignee with a copy of a transported 32
stock statement under subsection (2) must be in possession of the copy 33
until the end of the transport of the stock concerned. 34
Maximum penalty: 20 penalty units. 35
(4) A person is not guilty of an offence under this section if the stock 36
concerned are consigned under the authority of: 37
(a) a stock permit, or 38
Page 51
Clause 122 Local Land Services Bill 2013
Part 9 Transportation of stock by vehicle
(b) an order made or a permit issued under the Stock Diseases Act 1
1923. 2
122 Records of transported stock statements to be retained 3
(1) An owner of stock who completes a transported stock statement under 4
section 120 (1) in relation to stock that the owner transports by a vehicle 5
must retain the statement for at least 2 years after the day on which the 6
transportation ends. 7
(2) An owner of stock who provides another person with a transported 8
stock statement under section 120 (2) or 121 (1) must retain a copy of 9
the statement for at least 2 years after the day on which the 10
transportation ends. 11
(3) A person in charge of a vehicle who is provided with a transported stock 12
statement under section 120 (2) must retain the statement for at least 13
2 years after the day the transportation ends. 14
(4) A consignee who is provided with a transported stock statement under 15
section 121 must retain the statement for at least 2 years after the day on 16
which it is provided. 17
Maximum penalty: 20 penalty units. 18
123 Powers to stop and search vehicles transporting stock 19
(1) Vehicle search powers 20
An authorised officer may exercise any one or more of the vehicle 21
search powers in respect of a vehicle if the authorised officer has 22
reasonable grounds to believe that the vehicle is being used to transport 23
stock. 24
(2) Power to give reasonable directions 25
An authorised officer who exercises a vehicle search power under this 26
section has the power to give reasonable directions (to facilitate the 27
exercise of the power) to any person: 28
(a) in or on the vehicle concerned, or 29
(b) in the vicinity of the vehicle concerned. 30
(3) Preconditions for exercise of vehicle search power 31
An authorised officer may give a direction referred to in subsection (2) 32
only if, before giving the direction, the authorised officer: 33
(a) provides evidence to the person that he or she is an authorised 34
officer (unless the authorised officer is a police officer in 35
uniform), and 36
Page 52
Local Land Services Bill 2013 Clause 123
Transportation of stock by vehicle Part 9
(b) in the case of a police officer in uniform--provides his or her 1
name and place of duty, and 2
(c) informs the person of the reason for the direction, and 3
(d) warns the person that a failure to comply with the direction may 4
be an offence. 5
(4) Offence 6
A person must (unless the person has a reasonable excuse for not 7
doing so): 8
(a) stop a vehicle the person is in charge of when directed under this 9
section to do so by an authorised officer, or 10
(b) comply with any other direction given under this section by an 11
authorised officer. 12
Maximum penalty: 50 penalty units or 12 months imprisonment, or 13
both. 14
(5) Definition 15
In this section: 16
vehicle search power means any of the following powers: 17
(a) a power to stop a vehicle transporting stock for the purposes of 18
determining whether or not: 19
(i) the person in charge of the vehicle is in possession of the 20
transported stock statements required by section 120, or 21
(ii) the person responsible for the stock is in possession of the 22
transported stock statements required by section 121 (2), 23
(b) the power to inspect any of the statements referred to in 24
paragraph (a), 25
(c) the power to search a vehicle (whether or not stopped under 26
paragraph (a)) transporting stock for the purposes of determining 27
whether stock being transported appear to be the stock to which 28
transported stock statements in the possession of the person in 29
charge of the vehicle, or who is responsible for the stock, relate 30
and to give reasonable directions to any person in the vehicle for 31
the purpose of facilitating the search, 32
(d) the power to take possession of any stock or object found in the 33
course of such a search that the authorised officer conducting the 34
search suspects on reasonable grounds constitutes evidence of an 35
offence under this Act or under any other law. 36
Page 53
Clause 124 Local Land Services Bill 2013
Part 9 Transportation of stock by vehicle
124 Person in charge of vehicle transporting stock to give name and other 1
particulars 2
(1) An authorised officer may request the person in charge of a vehicle that 3
the authorised officer has reasonable grounds to believe is being used to 4
transport stock to give the person's name or residential address, or both. 5
(2) An authorised officer may make a request referred to in subsection (1) 6
only if, before making the request, the authorised officer: 7
(a) provides evidence to the person that he or she is an authorised 8
officer (unless the authorised officer is a police officer in 9
uniform), and 10
(b) in the case of a police officer in uniform--provides his or her 11
name and place of duty, and 12
(c) informs the person of the reason for the request, and 13
(d) warns the person that a failure to comply with the request may be 14
an offence. 15
(3) A person who (without reasonable excuse): 16
(a) fails to comply with a request under this section, or 17
(b) in response to the request, gives a name or address that is false or 18
misleading, 19
is guilty of an offence. 20
Maximum penalty: 10 penalty units. 21
125 Stock Transportation Accreditation Committee 22
(1) There is constituted by this section a Stock Transportation 23
Accreditation Committee. 24
(2) The Accreditation Committee consists of 3 members of whom: 25
(a) one is to be a person nominated by the Director-General, and 26
(b) one is to be a person nominated by the Commissioner of Police, 27
and 28
(c) one is to be a person nominated by the Livestock and Bulk 29
Carriers Association Incorporated. 30
(3) The member referred to in subsection (2) (b) is to be the Chairperson of 31
the Accreditation Committee. 32
(4) The Accreditation Committee has such functions as are conferred or 33
imposed on the Committee by or under this Act. 34
(5) The procedure for the calling of meetings of the Accreditation 35
Committee, and for the conduct of business at those meetings is, subject 36
to this Act and the regulations, to be as determined by the Committee. 37
Page 54
Local Land Services Bill 2013 Clause 126
Transportation of stock by vehicle Part 9
(6) Two members constitute a quorum at a meeting of the Committee. 1
(7) A decision supported by a majority of the votes cast at a meeting of the 2
Committee at which a quorum is present is the decision of the 3
Committee. 4
(8) The Chairperson has a deliberative vote and, in the event of an equality 5
of votes, has a second or casting vote. 6
126 Application for accreditation 7
(1) An application for approval of the form of a consignment note or other 8
document as a transported stock statement made to the Accreditation 9
Committee must be: 10
(a) made in such manner and form as the Accreditation Committee 11
may approve, and 12
(b) supported by such information as the Accreditation Committee 13
may require, and 14
(c) accompanied by the application fee (if any) prescribed by the 15
regulations. 16
(2) The Accreditation Committee may require an applicant to furnish to the 17
Accreditation Committee, within such time as may be specified, such 18
further particulars as the Accreditation Committee considers necessary 19
to determine the suitability of the proposed form of consignment note or 20
other document for accreditation. 21
127 Approval of form of transported stock statement 22
(1) The Accreditation Committee may, by order in writing, approve as a 23
transported stock statement a form of consignment note or other 24
document for the purposes of this Part on application made to the 25
Committee under section 126. 26
(2) The Director-General may, by order published in the Gazette, approve 27
as a transported stock statement a consignment note or other document 28
for the purposes of this Part. 29
(3) An approval may be given subject to the condition that a document be 30
compiled or identified in a manner specified by the Accreditation 31
Committee or Director-General. 32
Page 55
Clause 128 Local Land Services Bill 2013
Part 10 Pests
Part 10 Pests 1
Note. This Part provides for the control on public and private land in the State of animals, birds, 2
insects and other members of the animal kingdom that are pests. 3
Division 1 Preliminary 4
128 Definitions 5
In this Part: 6
control of a pest includes the eradication of the pest. 7
controlled land, in relation to a pest control order, means the land to 8
which the order applies. 9
eradicate means fully and continuously suppress and destroy. 10
eradication order means an individual eradication order or general 11
eradication order made under Division 3. 12
general destruction obligation means an obligation referred to in 13
section 130 (2) (a). 14
limited destruction obligation means an obligation referred to in 15
section 130 (2) (b). 16
notification obligation means an obligation referred to in 17
section 130 (2) (c). 18
pest means any member of the animal kingdom declared by a pest 19
control order to be a pest. 20
pest control order means an order made under section 130. 21
129 Part binds Crown 22
This Part binds the Crown, not only in right of New South Wales but 23
also, so far as the legislative power of Parliament permits, the Crown in 24
all its capacities. 25
Division 2 Pest control orders 26
130 Minister may make pest control orders 27
(1) The Minister may, by order published in the Gazette: 28
(a) describe any land to which the order applies (the controlled 29
land), and 30
(b) declare any non-human mammal or any bird, insect, amphibian, 31
fish, reptile, arthropod, insect, mollusc, crustacean or other 32
member of the animal kingdom to be a pest on the controlled 33
land, and 34
Page 56
Local Land Services Bill 2013 Clause 130
Pests Part 10
(c) impose or confer any one or more of the obligations or powers 1
described in subsection (2) in relation to that pest on the 2
controlled land. 3
(2) A pest control order may: 4
(a) impose a general destruction obligation requiring the occupier 5
of the controlled land to eradicate the pest by any lawful method 6
or by a method specified in the order, or 7
(b) impose a limited destruction obligation requiring the occupier of 8
the controlled land to eradicate the pest by any lawful method or 9
by a method specified in the order during specified stages of its 10
development or life cycle, or 11
(c) impose a notification obligation requiring the occupier of land to 12
give Local Land Services notice of the presence of the pest on the 13
land as soon as practicable after becoming aware of its presence, 14
or 15
(d) empower Local Land Services to serve an order in accordance 16
with this Part on any occupier or owner (other than a public 17
authority) of the controlled land requiring the occupier or owner 18
to eradicate the pest by use of a method specified by Local Land 19
Services in the order (an individual eradication order), or 20
(e) empower Local Land Services to publish an order in accordance 21
with this Part requiring all occupiers of land within a region (or a 22
specified part of a region) to eradicate the pest by use of any 23
method specified by Local Land Services in the order (a general 24
eradication order), or 25
(f) confer power on any authorised officer or class of authorised 26
officers to take measures to carry out work on the controlled land 27
to eradicate the pest, or 28
(g) confer on Local Land Services the power to give approval 29
(whether or not subject to any condition) for any person or class 30
of persons to keep the pest in captivity on the controlled land, or 31
(h) confer on Local Land Services a power to approve or order the 32
use (whether or not subject to any condition) of a method of 33
eradication of a pest other than a method (if any) that is specified 34
in the pest control order, or 35
(i) prohibit the administration of any substance specified in the pest 36
control order to the pest, or 37
(j) require Local Land Services to supply materials that have been 38
provided to it for the eradication of the pest on controlled land 39
free of charge to the occupier or owner of the land. 40
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Clause 131 Local Land Services Bill 2013
Part 10 Pests
(3) An order may specify a method of eradication to be used in relation to 1
a pest on controlled land that involves application of a substance or 2
thing from the air. 3
(4) An order must not specify any method of eradication in relation to a pest 4
that would constitute an act of cruelty committed upon an animal within 5
the meaning of the Prevention of Cruelty to Animals Act 1979. 6
(5) The Minister may not make an order declaring any member of the 7
animal kingdom that is protected fauna or a threatened species to be a 8
pest. 9
(6) The land to which an order applies may be private land or public land, 10
or both. 11
(7) An order may be made so as: 12
(a) to apply generally or be limited in its application by reference to 13
specified exceptions or factors, or 14
(b) to apply differently according to different factors of a specified 15
kind. 16
(8) In this section: 17
public authority means a public authority other than a local authority. 18
131 When can a pest control order be made? 19
(1) A pest control order may be made by the Minister on the Minister's own 20
initiative after consultation with Local Land Services or at the request 21
of Local Land Services. 22
(2) The Minister must consult with such persons or organisations as may be 23
prescribed by the regulations for the purposes of this subsection before 24
making a pest control order declaring: 25
(a) any member of the animal kingdom that is a native species, or 26
(b) a game animal that is listed in Part 1 of Schedule 3 to the Game 27
and Feral Animal Control Act 2002, 28
to be a pest. 29
132 Requests by Local Land Services for making of pest control orders 30
(1) Local Land Services may request the Minister to make a pest control 31
order that is to apply to land in a region. 32
(2) The request is to be made in the form approved by the Director-General 33
and is to be accompanied by such supporting information as is 34
determined by the Director-General. 35
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Local Land Services Bill 2013 Clause 133
Pests Part 10
(3) Local Land Services must consult with such persons or organisations as 1
may be prescribed by the regulations for the purposes of this subsection 2
before requesting the Minister to make a pest control order that is to 3
apply to land in a region. 4
133 Public notice of proposal to make order 5
(1) The Minister is to cause notice of a proposal to make a pest control order 6
applying to land to be published in a newspaper circulating generally in 7
the region in which the land is situated or, if the Minister considers it to 8
be appropriate, throughout the whole State. 9
(2) The Minister's notice is to indicate when and where a copy of the 10
proposed pest control order is to be placed on public exhibition and that 11
submissions may be made on it. 12
(3) The Minister is to cause a copy of the proposed pest control order (and 13
such other information as the Minister considers appropriate) to be 14
placed on public exhibition for a period of not less than 21 days after 15
notice of the proposal is given so that interested persons may make 16
submissions on the proposal. 17
(4) The Minister is to take into consideration any submissions received on 18
the proposed pest control order before the Minister makes the pest 19
control order. 20
(5) The regulations may make provision for or with respect to the 21
notification and exhibition of proposed pest control orders. 22
134 Consultation 23
The Minister must not make a pest control order that applies to land 24
occupied by a public authority unless the Minister has consulted the 25
public authority about the making of the proposed order. 26
135 Minister may waive notice and consultation requirements 27
(1) It is not necessary to comply with the requirements of sections 133 and 28
134 to the extent that the Minister certifies in writing that, in the 29
Minister's opinion, in the special circumstances of the case the public 30
interest requires that the order be made without complying with those 31
requirements. 32
(2) The Minister is to give reasons for so certifying in the notice given 33
under section 137. 34
Page 59
Clause 136 Local Land Services Bill 2013
Part 10 Pests
136 Making of order 1
The Minister may make a pest control order in the same terms, or in 2
substantially the same terms, as the proposed pest control order 3
exhibited in accordance with section 133 or, in the case of an order in 4
respect of which a certificate has been given under section 135, in 5
whatever terms the Minister considers appropriate. 6
137 Notice of making of order 7
The Minister is to cause a notice of the making of a pest control order 8
to be published in a newspaper circulating generally in the region in 9
which the controlled land is situated or, if the Minister considers it to be 10
appropriate, throughout the State. 11
138 When does a pest control order take effect? 12
A pest control order takes effect on the day of its publication in the 13
Gazette or on a later day specified in the order. 14
139 Duration of pest control order 15
(1) A pest control order has effect (unless sooner revoked) for such period 16
(not exceeding 5 years) as is specified in the order. 17
(2) A pest control order made in the circumstances mentioned in 18
section 135 has effect (unless sooner revoked) for 3 months, or such 19
lesser period as is specified in the order. 20
140 Amendment and revocation of pest control orders 21
(1) The Minister may amend a pest control order by making another pest 22
control order prepared in accordance with this Division. 23
(2) The Minister may at any time revoke a pest control order by notice 24
published in the Gazette. 25
141 Compliance with Division 26
(1) Failure to comply with section 133 or 134 does not affect the validity of 27
a pest control order. 28
(2) The Minister is taken to have observed the rules of procedural fairness 29
if a pest control order is made in accordance with this Division. 30
Page 60
Local Land Services Bill 2013 Clause 142
Pests Part 10
142 Obligations of owners and occupiers of private land 1
(1) An occupier of any private land on whom a general destruction 2
obligation in relation to a pest is imposed by a pest control order must 3
eradicate any pest on the land by any lawful method (or, if the order 4
specifies a method to be used, by the method specified). 5
Maximum penalty: 50 penalty units. 6
(2) An occupier of any private land on whom a limited destruction 7
obligation in relation to a pest is imposed by a pest control order must 8
eradicate any pest on the land during the stages of its development or 9
life cycle specified in the order by any lawful method (or, if the order 10
specifies a method to be used, by the method specified). 11
Maximum penalty: 50 penalty units. 12
(3) An occupier of any private land on whom a notification obligation in 13
relation to a pest is imposed by a pest control order must give oral or 14
written notice to Local Land Services of the presence of the pest on the 15
land as soon as practicable after becoming aware of its presence. 16
Maximum penalty: 20 penalty units. 17
(4) An occupier of land within a region is not guilty of an offence under 18
subsection (1) or (2) if the occupier uses a method to eradicate a pest 19
other than that (if any) specified in the pest control order concerned and 20
the method used has been approved by Local Land Services in 21
accordance with this Part. 22
143 Obligations of occupiers of public land 23
(1) An occupier of any public land on whom a general destruction 24
obligation in relation to a pest is imposed by a pest control order must 25
(to the extent necessary to minimise the risk of the pest causing damage 26
on any land) eradicate any pest on the land by any lawful method (or, if 27
the order specifies a method to be used, by the method specified). 28
(2) An occupier of any public land on whom a limited destruction 29
obligation in relation to a pest is imposed by a pest control order must 30
(to the extent necessary to minimise the risk of the pests causing damage 31
on any land) eradicate any pest on the land during the stages of its 32
development or life cycle specified in the order by any lawful method 33
(or, if the order specifies a method to be used, by the method specified). 34
(3) An occupier of any public land on whom a notification obligation in 35
relation to a pest is imposed by a pest control order must give oral or 36
written notice to Local Land Services of the presence of the pest on the 37
land as soon as practicable after becoming aware of its presence. 38
Page 61
Clause 144 Local Land Services Bill 2013
Part 10 Pests
(4) An occupier of public land fulfills any obligation referred to in 1
subsection (1) or (2) if the occupier uses a method to eradicate a pest on 2
the land other than that (if any) specified in a pest control order applying 3
to the land and the method used has been approved by Local Land 4
Services in accordance with this Part. 5
Division 3 Eradication orders 6
144 When may eradication orders be given? 7
(1) Local Land Services may give an eradication order in relation to a pest 8
on controlled land only if Local Land Services considers that it is 9
necessary to give it to ensure the effective eradication of the pest on the 10
land. 11
(2) An individual eradication order is to be served on the occupier or owner 12
of the land concerned. 13
(3) A general eradication order is to be published in a newspaper circulating 14
generally in the region or part of the region concerned. 15
145 Period for compliance with eradication order 16
(1) An eradication order must specify a reasonable period within which the 17
terms of the order are to be complied with, subject to this section. 18
(2) An order may require compliance within a short period (not being less 19
than 24 hours) in circumstances which Local Land Services believes 20
constitute a serious risk of harm being caused by the pest to which the 21
order relates. 22
146 Reasons for order to be given 23
(1) Local Land Services must give the occupier or owner of land to whom 24
an individual eradication order is given reasons for the order. 25
(2) The reasons may be given in the order or in another instrument. 26
(3) The reasons must be given when the order is given, except in a case of 27
urgency. In a case of urgency, the reasons may be given the next 28
working day. 29
147 Notice of right to appeal against order 30
Local Land Services must, in giving an occupier or owner of private 31
land an individual eradication order: 32
(a) state that the person may appeal to the local land board against the 33
order, and 34
(b) specify the period within which the appeal may be made. 35
Page 62
Local Land Services Bill 2013 Clause 148
Pests Part 10
148 Appeal against individual eradication order of Local Land Services 1
(1) An occupier or owner of land (other than a public authority) given an 2
individual eradication order by Local Land Services may appeal to the 3
appropriate local land board only on any one or more of the following 4
grounds: 5
(a) that Local Land Services was not authorised to give the order, 6
(b) that Local Land Services has failed to comply with the 7
requirements of this Division in respect of the making of the 8
order, 9
(c) that the action required to be taken under the order to eradicate 10
the pest concerned is inappropriate or likely to be ineffective or 11
that Local Land Services has failed to consider the feasibility of 12
alternative action, 13
(d) that the period of time specified by the order for the taking of 14
action is not reasonable. 15
(2) The appeal must be made within 28 days or within the period specified 16
by the order for taking action to eradicate the pest concerned, whichever 17
is the lesser. 18
(3) On hearing the appeal, the local land board may: 19
(a) amend or revoke the individual eradication order, or 20
(b) confirm the order. 21
(4) If an appeal is made to a local land board against an individual 22
eradication order, the order has no force or effect unless the local land 23
board confirms or amends the order or the appeal is withdrawn. 24
(5) If the local land board confirms or amends an individual eradication 25
order, the order has force and effect from the day on which it is 26
confirmed or amended. 27
(6) If an appeal against an individual eradication order is withdrawn, the 28
order is taken to have force and effect from the day on which the order 29
was given. 30
149 Individual eradication order of Minister 31
(1) Local Land Services may recommend to the Minister that an individual 32
eradication order be given by the Minister to a public authority. 33
(2) The Minister may serve an order on a public authority requiring the 34
public authority to eradicate a pest specified in the order by use of a 35
method specified by the Minister in the order within a period specified 36
in the order. 37
Page 63
Clause 150 Local Land Services Bill 2013
Part 10 Pests
(3) Before giving an order to a public authority, the Minister must consult 1
with the public authority as to the giving of the order and its contents. 2
150 Obligations to comply with eradication orders 3
(1) An owner or occupier of land who is served with an individual 4
eradication order by Local Land Services must comply with the 5
individual eradication order. 6
Maximum penalty: 50 penalty units. 7
(2) An occupier of land who is served with an individual eradication order 8
by the Minister must (to the extent that is reasonably practicable) 9
comply with the eradication order. 10
(3) Any occupier of private land to which a general eradication order 11
applies must comply with the eradication order. 12
Maximum penalty: 50 penalty units. 13
(4) Any occupier of public land to which a general eradication order applies 14
must (to the extent that is reasonably practicable) comply with the 15
general eradication order. 16
Division 4 Powers of authorised officers and others 17
concerning eradication of pests 18
151 Eradication of pests 19
An authorised officer may take such measures and carry out such work 20
on any controlled land as the authorised officer considers necessary to 21
eradicate pests on the land if: 22
(a) a pest control order authorises the taking of such action, or 23
(b) the owner or occupier of the land has failed to comply with a pest 24
control order or an eradication order applying to the land, or 25
(c) the owner or occupier of the land consents to the measures or 26
work being taken or carried out. 27
152 Destruction of pests may be required 28
(1) An authorised officer may, by notice in writing, require a person in 29
possession of a live pest (other than a person who has an approval to 30
keep the pest under section 156): 31
(a) to destroy the pest, or 32
(b) to move the pest to a specified place and there destroy it within a 33
time specified in the notice, or 34
(c) to move the pest to a place where it is not a pest within a period 35
specified in the notice. 36
Page 64
Local Land Services Bill 2013 Clause 153
Pests Part 10
(2) If the person refuses or fails to comply with a requirement specified in 1
such a notice, an authorised officer may take the required action, 2
whether or not it involves taking possession of the pest. 3
(3) An authorised officer who believes on reasonable grounds that a vehicle 4
may contain a pest (other than a pest that is being conveyed for the 5
purpose of complying with a requirement made under this section) may 6
do one or more of the following: 7
(a) require the driver to stop the vehicle, 8
(b) search the vehicle, 9
(c) if any pest is found in or on the vehicle, request the driver to move 10
the vehicle to a specified place so that the pest may be destroyed, 11
(d) seize and destroy any pest found in or on the vehicle. 12
(4) A person who fails to comply with a requirement made of the person 13
under this section by an authorised officer is guilty of an offence. 14
Maximum penalty: 40 penalty units. 15
153 Compliance notice--pests 16
(1) The Minister or Local Land Services may, by notice given to the 17
occupier or owner of any controlled land, impose on the occupier or 18
owner: 19
(a) an inspection charge to cover the reasonable costs of any 20
inspection of the land for the purposes of this Part, or 21
(b) a charge to cover the reasonable expenses of any action taken by 22
an authorised officer under this Part as a consequence of the 23
occupier or owner failing to take any action the occupier or owner 24
is required to take under this Part. 25
(2) The notice is to specify the day on or before which the charge is to be 26
paid. 27
(3) A notice must not be given in respect of any action taken that a pest 28
control order specifies is to be carried out by the State free of cost to the 29
occupier or owner of land. 30
Note. See Division 1 of Part 12 and Schedules 3 and 5 on recovery of unpaid 31
charges. 32
154 Contributions towards eradication of pests that are insects 33
(1) The Minister may, by notice, require Local Land Services to pay to the 34
Minister an amount as a contribution to the cost of any action taken or 35
to be taken by the Minister in eradicating pests that are insects. 36
(2) A notice cannot be given by the Minister under this section unless the 37
Minister is authorised to give the notice by a pest control order. 38
Page 65
Clause 155 Local Land Services Bill 2013
Part 10 Pests
(3) A contribution is payable within such period after the notice is given as 1
is specified in the notice or within such other period as the Minister 2
allows. 3
(4) Any contribution that remains unpaid is recoverable by the Minister 4
from Local Land Services in a court of competent jurisdiction. 5
155 Money advanced or paid to Minister for eradication of pests that are 6
insects 7
(1) The Treasurer may advance to the Minister, on such terms and 8
conditions as may be determined by the Treasurer in consultation with 9
the Minister, money required for any of the following purposes: 10
(a) money for purchase of materials for the eradication of pests that 11
are insects, 12
(b) money for meeting the cost of eradicating pests that are insects as 13
provided by this Part, 14
(c) money for paying any contribution required to be made by the 15
State to the Australian Plague Locust Commission. 16
(2) The Minister may apply money advanced under this section only for the 17
purpose for which it is advanced. 18
Division 5 Miscellaneous 19
156 Approval to keep pest in captivity or use alternative method of 20
eradication 21
(1) If Local Land Services is empowered by a pest control order to give 22
approval to keep a pest in captivity, any person may apply in writing to 23
Local Land Services for approval for the person to keep the pest in 24
captivity on specified land. 25
(2) If Local Land Services is empowered by a pest control order to give 26
approval for use of an alternative method of eradication of a pest, any 27
person may apply in writing to Local Land Services for approval to use 28
an alternative method of eradication described in the application to that 29
specified in the order. 30
(3) Local Land Services may give the approval sought in writing subject to 31
the conditions (if any) stated in the approval. 32
(4) An application under this section is taken (for the purposes only of any 33
appeal) to have been refused if it has not been determined within the 34
period of 40 days after the making of the application. 35
Page 66
Local Land Services Bill 2013 Clause 157
Pests Part 10
157 Appeal against refusal to approve keeping of pest in captivity or use 1
alternative eradication method 2
(1) An applicant for an approval under section 156 may appeal to the 3
appropriate local land board against a decision of Local Land Services 4
to refuse to give the approval sought. 5
(2) The appeal must be made within 28 days of the refusal. 6
(3) On hearing the appeal, the local land board may: 7
(a) revoke the decision and give the approval sought (whether or not 8
subject to conditions), or 9
(b) confirm the decision. 10
(4) A decision of the local land board on an appeal is to be given effect to 11
as if it were the decision of Local Land Services. 12
158 Offences relating to pests kept in captivity 13
(1) A person must not keep a pest in captivity on any land except in 14
accordance with an approval to keep the pest in captivity on the land 15
given under section 156. 16
Maximum penalty: 20 penalty units. 17
(2) Any person who (without lawful excuse) liberates, or attempts to 18
liberate, a pest from captivity is guilty of an offence. 19
Maximum penalty: 50 penalty units. 20
159 Offence of administering prohibited substance to pests 21
(1) A person must not administer any substance to a pest if the substance is 22
declared by the pest control order relating to the pest to be a prohibited 23
substance in relation to a pest of that kind. 24
Maximum penalty: 100 penalty units. 25
(2) For the purposes of any proceeding for an offence under this section, if 26
it is proved that a prohibited substance was administered to a pest, it is, 27
until the contrary is proved, to be presumed that the owner (if any) of 28
the pest administered the substance. 29
160 Offences involving fences and pests and conveyance of pests 30
(1) A person must not, without lawful excuse, carry, drive or pass a pest 31
through, under or over a fence or gate on any land (whether controlled 32
land or otherwise) that is designed to prevent such a pest from entering 33
land. 34
Maximum penalty: 50 penalty units. 35
Page 67
Clause 161 Local Land Services Bill 2013
Part 10 Pests
(2) A person must not, without lawful excuse: 1
(a) leave open a gate in a fence on any land (whether controlled land 2
or otherwise) that is designed to prevent pests from entering land, 3
or 4
(b) destroy or damage any such fence or gate, or 5
(c) interfere with any such fence or gate or the surface or subsurface 6
under it in a manner likely to impair its effectiveness as a barrier 7
to such pests. 8
Maximum penalty: 50 penalty units. 9
(3) A person must not, without lawful excuse, convey a live pest from one 10
place to another (whether by vehicle or otherwise). 11
Maximum penalty: 200 penalty units. 12
161 Damage, destruction, removal of eradication devices 13
A person must not, without lawful excuse: 14
(a) destroy, damage or remove any thing that is being used or 15
intended to be used for the purposes of eradicating pests in 16
accordance with this Part, or 17
(b) interfere with any such thing in a manner that is likely to impair 18
its effectiveness. 19
Maximum penalty: 50 penalty units. 20
162 Campaigns for eradication of pests 21
(1) Local Land Services may conduct (or participate in the conduct of) 22
campaigns for the eradication of pests and may make any necessary 23
arrangements and take all necessary steps for carrying out such 24
campaigns. 25
(2) Arrangements under this section may be made with other authorities, 26
with the occupiers or owners of land or persons within a region or with 27
the government of this or any other State, the Commonwealth or a 28
Territory. 29
163 Disputes between a Minister and another Minister 30
(1) If a dispute arises between the Minister and another Minister or between 31
the Minister and the Minister responsible for a public authority in 32
connection with: 33
(a) the eradication of pests on the whole or part of public land for 34
which the other Minister or a public authority is responsible, or 35
Page 68
Local Land Services Bill 2013 Clause 163
Pests Part 10
(b) the implementation of any measure with respect to the 1
eradication of pests on that land, 2
a party to the dispute may submit the dispute to the Premier for 3
settlement. 4
(2) On submission of a dispute to the Premier, the Premier may hold an 5
inquiry into the dispute and may make such decisions about the dispute 6
as the Premier thinks fit, having regard to the public interest and the 7
circumstances. 8
(3) A Minister or public authority must comply with a decision of the 9
Premier under this section and for that purpose is empowered to do so, 10
despite the provisions of this or any other Act. 11
Page 69
Clause 164 Local Land Services Bill 2013
Part 11 Powers of authorised officers
Part 11 Powers of authorised officers 1
Division 1 Preliminary 2
164 Power of entry 3
(1) An authorised officer may enter any premises to enable the authorised 4
officer to exercise any function conferred or imposed on the authorised 5
officer, or any function of Local Land Services that the officer is 6
authorised to exercise, by or under this Act. 7
(2) The authorised officer may enter premises with such persons and with 8
such vehicles, horses and dogs as the authorised officer considers are 9
necessary to enable or assist the authorised officer to exercise the 10
function concerned. 11
165 Purposes for which powers under Part may be exercised 12
Powers may be exercised under this Part for the following purposes: 13
(a) for determining whether there has been compliance with or a 14
contravention of this Act or the regulations or any order, licence, 15
notice, permit or requirement issued or made under this Act, 16
(b) for obtaining information or records for purposes connected with 17
the administration of this Act, 18
(c) for the purpose of enabling Local Land Services, the authorised 19
officer or any other person to exercise any function conferred or 20
imposed on the person under this or any other Act. 21
166 Effect on other functions 22
Nothing in this Part affects any function under any other Part of this Act. 23
Division 2 Authorised officers 24
167 Authorised officers 25
An authorising authority may appoint a police officer or any other 26
person (including a class of persons) as an authorised officer for the 27
purposes of this Act. 28
Note. Authorising authority is defined in the Dictionary. 29
168 Scope of authority 30
(1) An authorisation of a person as an authorised officer can be given 31
generally, or subject to conditions, limitations or restrictions or only for 32
limited purposes. 33
Page 70
Local Land Services Bill 2013 Clause 169
Powers of authorised officers Part 11
(2) The authority of an authorised officer may be limited by the relevant 1
instrument of appointment to the functions, or the exercise of functions 2
in such region or part of a region, as are specified in the instrument of 3
appointment. 4
(3) If such authorisation is given subject to conditions, limitations or 5
restrictions or only for limited purposes, nothing in this Act authorises 6
or requires the authorised officer to act in contravention of the 7
conditions, limitations or restrictions or for other purposes. 8
169 Identification 9
(1) Every authorised officer, other than a police officer, is to be provided by 10
the authorising authority with an identification card. 11
(2) In the course of exercising the functions of an authorised officer under 12
this Act, an authorised officer, other than a police officer, must, if 13
requested to do so by any person affected by the exercise of the 14
functions, produce the officer's identification card to the person. 15
(3) In the course of exercising the functions of an authorised officer under 16
this Act, an authorised officer who is a police officer must, if requested 17
to do so by any person affected by the exercise of the functions, produce 18
his or her identification as a police officer (unless he or she is in 19
uniform). 20
(4) An identification card is a card or document that: 21
(a) states that it is issued under this Act, and 22
(b) gives the name of the person to whom it is issued, and 23
(c) describes the nature of the powers conferred and the source of the 24
powers, and 25
(d) states the date (if any) on which it expires, and 26
(e) describes the kind of premises to which the power extends, and 27
(f) bears the signature of the person prescribed by the regulations for 28
the purposes of this paragraph. 29
170 Time of entry 30
An authorised officer may enter any premises at any reasonable time. 31
171 Entry into residential premises only with permission or warrant 32
This Part does not empower an authorised officer to enter any part of 33
premises used only for residential purposes without the permission of 34
the occupier or the authority of a search warrant issued under 35
section 178. 36
Page 71
Clause 172 Local Land Services Bill 2013
Part 11 Powers of authorised officers
172 Powers of authorised officers to do things on premises 1
(1) An authorised officer may, at any premises lawfully entered, do 2
anything that in the opinion of the authorised officer is necessary to be 3
done for the purposes of this Act, including (but not limited to) the 4
things specified in subsection (2). 5
(2) An authorised officer who enters premises may do any or all of the 6
following: 7
(a) inspect the premises, 8
(b) search the premises, 9
(c) examine, seize, detain or remove any pest in or about those 10
premises, 11
(d) examine, seize, detain or remove any other thing that the 12
authorised officer has reasonable grounds to believe is being used 13
to contravene this Act or the regulations, 14
(e) require the production of and inspect any records in or about 15
those premises, 16
(f) take copies of, or extracts or notes from, any such records, 17
(g) require any person in or about those premises to answer questions 18
or otherwise furnish information, 19
(h) require the occupier of those premises to provide the authorised 20
officer with such assistance and facilities as are reasonably 21
necessary to enable the authorised officer to exercise his or her 22
functions, 23
(i) remove or destroy or cause to be removed or destroyed any pest 24
found in or about those premises that is being kept in captivity 25
without lawful authority, 26
(j) break open and search any box, container, package or receptacle 27
(including any place that could be used as a receptacle) in or 28
about those premises, 29
(k) examine or muster any stock. 30
173 Notice of entry 31
(1) Before an authorised officer enters premises under this Part, the 32
authorising authority must give the occupier of the premises oral or 33
written notice of the intention to enter the occupier's premises on a day 34
or within a period of days specified in the notice. 35
(2) The day or any day within the period of days specified must not be the 36
day on which the notice is given. 37
Page 72
Local Land Services Bill 2013 Clause 174
Powers of authorised officers Part 11
(3) This section does not require notice to be given: 1
(a) if entry to the premises is made with the consent of the occupier 2
of the premises, or 3
(b) if entry has been authorised by a search warrant issued under 4
section 178, or 5
(c) if entry is required urgently and the authorising authority has 6
authorised in writing (either generally or in the particular case) 7
entry without notice, or 8
(d) if the authorised officer concerned is a police officer and the 9
giving of notice would defeat the purpose for which it is intended 10
to exercise the power of entry, or 11
(e) if entry is required to eradicate any pest kept in captivity without 12
lawful authority. 13
174 Use of force 14
(1) Reasonable force may be used for the purpose of gaining entry to any 15
premises (other than residential premises) under a power conferred by 16
this Part but only if authorised by the authorising authority in 17
accordance with this section and in accordance with any guidelines. 18
(2) No force is to be exercised in any case unless the authorising authority 19
has authorised in writing (either in a specified class of cases or in the 20
particular case) the use of force in the circumstances of the case. 21
(3) A general authority given by the authorising authority for the use of 22
force is invalid. The authority is to specify the circumstances that are 23
required to exist in a case before force is used. 24
175 Notification of use of force or urgent entry 25
(1) An authorised officer must give the authorising authority prompt oral or 26
written advice of: 27
(a) any use of force by the authorised officer for the purpose of 28
gaining entry to premises, or 29
(b) any entry to premises by the authorised officer without notice 30
having been given to the occupier of the premises of the intention 31
to enter as required by section 173. 32
(2) The authorising authority must give notice of the entry to such persons 33
or authorities as appear to be appropriate in the circumstances. 34
176 Care to be taken 35
In the exercise of a function under this Part, an authorised officer must 36
do as little damage as possible. 37
Page 73
Clause 177 Local Land Services Bill 2013
Part 11 Powers of authorised officers
177 Compensation 1
An authorising authority must compensate all interested parties for any 2
damage caused by an authorised officer who enters premises under this 3
Part in entering the premises (but not any damage caused by exercising 4
any other function), unless the occupier of the premises obstructed, 5
hindered or restricted the authorised officer in the exercise of the power 6
of entry. 7
178 Search warrant 8
(1) An authorised officer under this Act may apply to an authorised officer 9
within the meaning of the Law Enforcement (Powers and 10
Responsibilities) Act 2002 for a search warrant if the authorised officer 11
under this Act has reasonable grounds for believing that a provision of 12
this Act or the regulations has been or is being or is about to be 13
contravened in or about any premises. 14
(2) An authorised officer under this Act may not apply for a search warrant 15
to search premises unless the authorised officer under this Act has 16
notified the authorising authority of the intended application. 17
(3) An authorised officer within the meaning of the Law Enforcement 18
(Powers and Responsibilities) Act 2002 to whom an application is made 19
under this section may, if satisfied that there are reasonable grounds for 20
doing so, issue a warrant authorising an authorised officer under this 21
Act named in the warrant to enter the premises and to exercise there the 22
powers under section 172. 23
(4) Division 4 of Part 5 of the Law Enforcement (Powers and 24
Responsibilities) Act 2002 applies to a search warrant issued under this 25
section. 26
179 Authorised officer may request assistance 27
(1) An authorised officer may request the assistance of any police officer if 28
the authorised officer reasonably believes that the performance of 29
functions conferred or imposed by or under this Act will be obstructed. 30
(2) An authorised officer may request the assistance of any person the 31
authorised officer believes to be capable of providing assistance in the 32
performance of functions conferred or imposed by or under this Act. 33
Division 3 Offences in relation to authorised officers 34
180 Offence: obstructing authorised officer 35
(1) A person who: 36
(a) prevents an authorised officer from exercising a function 37
conferred or imposed by or under this Act, or 38
Page 74
Local Land Services Bill 2013 Clause 181
Powers of authorised officers Part 11
(b) hinders, obstructs, threatens or assaults an authorised officer in 1
the exercise of such a function, or 2
(c) without reasonable excuse, refuses or fails to comply with a 3
requirement made or to answer a question of an authorised officer 4
asked in accordance with this Act or the regulations, or 5
(d) furnishes an authorised officer with information knowing that it 6
is false or misleading in a material particular, 7
is guilty of an offence. 8
Maximum penalty: 50 penalty units. 9
(2) A person is not guilty of an offence under subsection (1) (c) unless it is 10
established that, at the material time, the authorised officer: 11
(a) identified himself or herself as an authorised officer, and 12
(b) warned the person that a failure or refusal to comply with the 13
requirement may constitute an offence. 14
181 Offence: impersonating authorised officer or other authorised person 15
A person who impersonates or falsely represents that the person is an 16
authorised officer is guilty of an offence. 17
Maximum penalty: 10 penalty units. 18
Page 75
Clause 182 Local Land Services Bill 2013
Part 12 Enforcement provisions
Part 12 Enforcement provisions 1
Division 1 Recovery of outstanding rates, charges and other 2
amounts 3
182 Sale of land for unpaid amounts owing to Local Land Services 4
Local Land Services may sell land to recover unpaid rates, levies or 5
contributions of a kind prescribed by the regulations owing to it in 6
accordance with Schedule 5. 7
183 Recovery of rates, charges, fees and other unpaid amounts 8
(1) Any rate, charge, fee or other money due or payable to Local Land 9
Services or any other person under this Act may be recovered by Local 10
Land Services or the person as a debt in a court of competent 11
jurisdiction. 12
(2) The amount of any judgment that is recovered in proceedings brought 13
under this section, and of any costs awarded to Local Land Services or 14
other person concerned in respect of the proceedings, is a charge on any 15
land (other than public land) concerned. 16
(3) Schedule 5 applies to an amount or any part of an amount awarded or 17
ordered to be paid to Local Land Services or any other person under this 18
section that remains unpaid after the expiration of 5 years from the date 19
of the judgment or order of the court concerned. 20
(4) The provisions of this section have effect despite anything contained in 21
section 42 of the Real Property Act 1900. 22
184 Accrual of interest on overdue rates, charges and other amounts 23
(1) Interest accrues on rates, charges and other amounts payable to an 24
authority, the Minister or any other person under this Act. 25
(2) Interest accrues on a daily basis or on such other basis as is determined 26
by Local Land Services or the person concerned. 27
(3) The rate of interest is that set by Local Land Services or the person 28
concerned but must not exceed the rate specified for the time being by 29
the Minister by notice published in the Gazette. 30
(4) Accrued interest is, for the purpose of its recovery, taken to be a rate, 31
charge or amount that is due and payable. 32
(5) Interest continues to accrue on unpaid rates, charges or amounts even 33
though judgment for payment of the rates, charges or amounts may have 34
been obtained in a court. Interest is not payable on the judgment debt, 35
despite any other Act. 36
Page 76
Local Land Services Bill 2013 Clause 185
Enforcement provisions Part 12
185 Special provision with respect to recovery of unpaid rates and charges 1
Despite anything to the contrary in the Limitation Act 1969, proceedings 2
for the recovery of a rate or charge may be commenced at any time 3
within 20 years after the date when the rate or charge becomes payable. 4
186 Rebates, waiver, refund or writing off of rates, charges and other 5
amounts 6
(1) Local Land Services may do any one or more of the following: 7
(a) grant a rebate or waive payment of a rate, charge or other amount 8
due or payable to it under this Act or the regulations or any part 9
of such a rate, charge or other amount, 10
(b) refund any rate, charge or other amount in whole or in part, 11
(c) write off any rate, charge or other amount. 12
(2) Action under this section may be taken in a particular case or class of 13
cases. 14
Division 2 Proceedings for offences 15
187 Proceedings for offences 16
(1) Proceedings for an offence against this Act or the regulations are to be 17
dealt with summarily before the Local Court. 18
(2) Proceedings for an offence against this Act may instead be dealt with 19
summarily before the Supreme Court in its summary jurisdiction. 20
(3) The maximum monetary penalty that may be imposed by the Local 21
Court in proceedings for an offence against this Act or the regulations 22
is 100 penalty units. 23
(4) The maximum penalty that may be imposed by the Supreme Court in 24
proceedings for an offence against this Act is the maximum penalty 25
specified by the relevant section in respect of the offence. 26
188 Time within which summary proceedings may be commenced 27
(1) Proceedings for an offence under this Act or the regulations may be 28
commenced: 29
(a) in the case of a prescribed offence--within but not later than 30
2 years after the day on which the offence is alleged to have been 31
committed, or 32
(b) in any other case--within but not later than 12 months after that 33
day. 34
(2) This section applies only to proceedings that are to be dealt with 35
summarily. 36
Page 77
Clause 189 Local Land Services Bill 2013
Part 12 Enforcement provisions
(3) This section applies despite anything in the Criminal Procedure Act 1
1986 or any other Act. 2
(4) In this section: 3
prescribed offence means: 4
(a) an offence arising under section 58 (Annual returns of land and 5
stock), 6
(b) an offence against this Act that is declared by the regulations to 7
be a prescribed offence for the purposes of this section. 8
189 Penalty notices for certain offences 9
(1) An authorised officer may serve a penalty notice on a person if it 10
appears to the officer that the person has committed an offence against 11
this Act or the regulations, being an offence prescribed by the 12
regulations as a penalty notice offence. 13
(2) A penalty notice is a notice to the effect that, if the person served does 14
not wish to have the matter determined by a court, the person can pay, 15
within the time and to the person specified in the notice, the amount of 16
penalty prescribed by the regulations for the offence if dealt with under 17
this section. 18
(3) A penalty notice under this section is declared to be a penalty notice for 19
the purposes of the Fines Act 1996. 20
(4) A penalty notice may be served personally or by post. 21
(5) If the amount of penalty prescribed for an alleged offence is paid under 22
this section, no person is liable to any further proceedings for the 23
alleged offence. 24
(6) Payment under this section is not to be regarded as an admission of 25
liability for the purpose of, and does not in any way affect or prejudice, 26
any civil claim, action or proceeding arising out of the same occurrence. 27
(7) The regulations may: 28
(a) prescribe an offence for the purposes of this section by specifying 29
the offence or by referring to the provision creating the offence, 30
and 31
(b) prescribe the amount of penalty payable for the offence if dealt 32
with under this section, and 33
(c) prescribe different amounts of penalties for different offences or 34
classes of offences. 35
(8) The amount of a penalty prescribed under this section for an offence is 36
not to exceed the maximum amount of penalty that could be imposed for 37
the offence by a court. 38
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Local Land Services Bill 2013 Clause 190
Enforcement provisions Part 12
(9) This section does not limit the operation of any other provision of, or 1
made under, this or any other Act relating to proceedings that may be 2
taken in respect of offences. 3
190 Penalties belong to Local Land Services 4
(1) Whenever any monetary penalty is imposed for an offence against this 5
Act that is prosecuted by Local Land Services the proper officer of the 6
court that imposed the penalty must pay the amount of the penalty to 7
Local Land Services. 8
(2) An amount paid to Local Land Services under this section, or paid under 9
section 189 for a penalty payable under a penalty notice served by an 10
authorised officer appointed by Local Land Services, belongs to Local 11
Land Services. 12
(3) This section applies irrespective of any other law to the contrary. 13
191 Court may order payment of additional penalty in certain cases 14
(1) A court that finds a person guilty of an offence under a prescribed 15
section (whether or not it convicts the person of the offence), may, in 16
addition to any other penalty that it may impose, order the person to pay 17
to Local Land Services an amount sufficient to reimburse or 18
compensate Local Land Services for any expenses (including any costs 19
of agistment) incurred or losses suffered by Local Land Services as a 20
result of the offence. 21
(2) In this section: 22
prescribed section means any of the following sections: 23
(a) section 84 (Movement and grazing of stock authorised by stock 24
permits must comply with Act and regulations), or 25
(b) section 116 (Offence of causing or permitting stock to be on a 26
public road, travelling stock reserve or public land without 27
authority). 28
192 Offences relating to provision of information in relation to certain 29
matters 30
(1) A person who, having been required under a provision of this Act or the 31
regulations to provide information, fails without reasonable excuse to 32
provide that information is guilty of an offence. 33
Maximum penalty: 10 penalty units. 34
(2) A person must not make a statement for the purposes of this Act to a 35
person engaged in the administration of this Act, or make a statement in 36
an official document under this Act, that the person knows: 37
(a) is false or misleading in a material respect, or 38
Page 79
Clause 193 Local Land Services Bill 2013
Part 12 Enforcement provisions
(b) omits material matter. 1
Maximum penalty: 20 penalty units. 2
(3) A document is an official document under this Act if it is an application, 3
return, declaration or other document that is required to be given to the 4
Minister, the Board, Local Land Services, the Director-General or an 5
authorised officer for the purposes of this Act or the regulations. 6
(4) A person who forges or fraudulently alters any permit, licence, authority 7
or other document issued or purporting to be issued under this Act is 8
guilty of an offence. 9
Maximum penalty: 100 penalty units. 10
193 Onus of proof concerning reasonable or lawful excuse 11
In any proceedings under this Act, the onus of proving that a person had 12
a reasonable or lawful excuse (as referred to in any provision of this Act 13
or the regulations) lies with the defendant. 14
Note. See also sections 156 (Public documents) and 158 (Evidence of certain 15
public documents) of the Evidence Act 1995 in relation to proof of various 16
matters in proceedings under this Act. 17
Division 3 Miscellaneous 18
194 General description of land sufficient for purposes of legal proceedings 19
For the purposes of any proceedings, or an order, notice or permit given, 20
under this Act or the regulations: 21
(a) a holding or land need not be described by metes and bounds, and 22
(b) it is sufficient if the holding or land is referred to by its name, 23
location or boundaries or in any other way that adequately 24
identifies it. 25
195 Legal proceedings against an occupier or owner whose name is 26
unknown 27
If the name of the occupier or owner of a holding or land is unknown to 28
a person who wishes to serve a notice or other document or bring 29
proceedings against that occupier or owner under this Act, the notice or 30
document may be served on, or the proceedings may be brought against, 31
the occupier or owner of the holding or land without specifying the 32
name of that occupier or owner. 33
Page 80
Local Land Services Bill 2013 Clause 196
Enforcement provisions Part 12
196 Jurisdiction of court or local land board not to be ousted in certain 1
proceedings 2
(1) The jurisdiction of a court or local land board is not affected merely 3
because, in proceedings before the court or board under or for the 4
purposes of this Act or the regulations, a question arises concerning: 5
(a) title to land, or 6
(b) any matter in which rights in future may be bound, or 7
(c) any general right or duty. 8
(2) A decision of a court or local land board relating to such a question is 9
not evidence in any other court or in any other legal proceeding. 10
197 Proof of certain matters not required 11
In any proceedings under this Act, proof is not required (unless 12
evidence is given to the contrary) of any of the following: 13
(a) the constitution of the Board or a local board, 14
(b) any resolution of the Board or a local board, 15
(c) the election or appointment of, or holding of office by, a member 16
of the Board or a local board, 17
(d) the presence of a quorum at a meeting of the Board or a local 18
board, 19
(e) the constitution of a particular region, 20
(f) the boundaries of a region or of a part of a region, 21
(g) the fact that specified land or a specified place is or is not within 22
a particular region or a particular part of a region, 23
(h) the appointment of any district veterinarian or any other member 24
of the Government Service employed to enable Local Land 25
Services to carry out its functions, 26
(i) the fact that the defendant is, or at any relevant time was, the 27
occupier, owner, manager or caretaker of a holding or land to 28
which the proceedings relate if the defendant is so described in 29
the process by which the proceedings were initiated, 30
(j) the fact that a holding or land to which the proceedings relate is 31
within the jurisdiction of a particular court or local land board, 32
(k) the notification, dedication, reservation or declaration of a 33
travelling stock reserve or stock watering place. 34
Page 81
Clause 198 Local Land Services Bill 2013
Part 13 Administration of functions of Local Land Services or local board
Part 13 Administration of functions of Local Land 1
Services or local board 2
198 Appointment of administrator of all or some functions of Local Land 3
Services 4
(1) The Minister may, by order published in the Gazette, appoint a person 5
specified in the order as administrator of: 6
(a) all of the functions of Local Land Services, or 7
(b) one or more (but not all) of the functions of Local Land Services 8
specified in the order. 9
(2) An order may be made: 10
(a) if the Board has failed to comply with any direction of the 11
Minister, or to carry out to the satisfaction of the Minister, any of 12
its functions, or 13
(b) in such other circumstances as may be prescribed by the 14
regulations. 15
199 Appointment of administrator of all or some functions of local boards 16
(1) The Minister may, by order published in the Gazette, appoint a person 17
specified in the order as administrator of: 18
(a) all of the functions of a local board, or 19
(b) one or more (but not all) of the functions of a local board 20
specified in the order. 21
(2) An order may be made: 22
(a) if the local board has failed to comply with any direction of Local 23
Land Services or to carry out any of its functions to the 24
satisfaction of Local Land Services, or 25
(b) in such other circumstances as may be prescribed by the 26
regulations. 27
200 Provisions applicable to administrators 28
(1) The administrator holds office (subject to this Act) for such period as 29
may be specified in the administrator's instrument of appointment. 30
(2) An administrator appointed under this Part has and may exercise, 31
subject to any conditions specified in the order appointing the 32
administrator, the functions of Local Land Services or the local board 33
specified in the order. 34
Page 82
Local Land Services Bill 2013 Clause 200
Administration of functions of Local Land Services or local board Part 13
(3) Any delegation or authority made or conferred by the Board in respect 1
of any function of Local Land Services that may be exercised by an 2
administrator appointed under this Part ceases to have effect on that 3
appointment. 4
(4) Any delegation or authority made or conferred by a local board in 5
respect of any function of the local board that may be exercised by an 6
administrator appointed under this Part ceases to have effect on that 7
appointment. 8
(5) The regulations may make provision for or with respect to 9
administrators appointed under this Part. 10
(6) Schedule 4 has effect with respect to an administrator appointed under 11
this Part. 12
Page 83
Clause 201 Local Land Services Bill 2013
Part 14 Miscellaneous
Part 14 Miscellaneous 1
201 Acquisition of land 2
(1) Local Land Services may, for the purposes of this Act, acquire land by 3
agreement or compulsory process in accordance with the Land 4
Acquisition (Just Terms Compensation) Act 1991. 5
(2) For the purposes of the Public Works Act 1912, any such acquisition of 6
land is taken to be an authorised work and Local Land Services is, in 7
relation to that authorised work, taken to be the Constructing Authority. 8
(3) Sections 34-37 of the Public Works Act 1912 do not apply in relation to 9
works constructed under this Act. 10
202 Entry on land for construction of works and other purposes 11
(1) In this section: 12
construct includes repair or maintain. 13
work includes any building or structure. 14
(2) Local Land Services may, by its staff and other persons, enter and 15
inspect any land (other than a dwelling) for the purpose of exercising the 16
following functions, and there construct any work that it is required or 17
authorised by or under this Act to construct on the land: 18
(a) functions relating to natural resource management, 19
(b) any other functions prescribed by the regulations. 20
(3) A person must not, without reasonable excuse, obstruct or hinder Local 21
Land Services acting under this section. 22
Maximum penalty: 10 penalty units. 23
(4) In relation to land entered or works constructed, Local Land Services: 24
(a) is to do as little damage as possible in exercising its functions 25
under this section, and 26
(b) is to compensate all persons who suffer damage by the exercise 27
of those functions. 28
(5) Compensation may be made by reinstatement or repair, by construction 29
of works or by payment. 30
(6) A claim for compensation: 31
(a) is ineffective unless made in writing not later than one year after 32
the damage was suffered, and 33
Page 84
Local Land Services Bill 2013 Clause 203
Miscellaneous Part 14
(b) in the absence of agreement on the compensation, is to be dealt 1
with as if it were a claim for compensation for the compulsory 2
acquisition of land under this Act. 3
Note. This section continues entry and construction powers under the 4
Catchment Management Authorities Act 2003 relating to catchment 5
management authorities under that Act (which are replaced by Local Land 6
Services under this Act). 7
203 Certificate as to rates, charges and other matters 8
(1) Any person may apply to Local Land Services for a certificate as to any 9
of the following matters: 10
(a) the amount (if any) due or payable to Local Land Services by way 11
of rates, levies, contributions, charges or other amounts in respect 12
of land, 13
(b) the person liable to pay any amount referred to in paragraph (a), 14
(c) any other matter prescribed by the regulations for the purposes of 15
this section. 16
(2) The application must be in the approved form and be accompanied by 17
the fee prescribed by the regulations. 18
(3) Local Land Services is to issue a certificate to the applicant in the 19
approved form containing the information sought. 20
(4) The production of the certificate is conclusive proof of the matters 21
certified (including in favour of a purchaser in good faith and for value 22
of the land to which the certificate relates that, at the date of its issue, no 23
amounts were payable to Local Land Services in respect of the land 24
other than such amounts as are specified in the certificate). 25
(5) For the purposes of this section, rates, levies, contributions, charges or 26
other amounts are taken to be due or payable even though the requisite 27
period after service of any relevant rate or other notice may not have 28
expired. 29
204 Owner of stock may be ordered to muster stock 30
(1) An authorised officer of the Minister or Local Land Services may, with 31
the approval of the Minister or Local Land Services, order a person who 32
owns stock to muster the stock on the person's holding (or on a 33
designated part of it) or at some other designated place for a purpose and 34
at a time specified in the order. 35
(2) A person who fails to comply with such an order at the time specified in 36
it is guilty of an offence. 37
Maximum penalty: 20 penalty units. 38
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Clause 205 Local Land Services Bill 2013
Part 14 Miscellaneous
(3) If a person fails to comply with such an order at the specified time the 1
authorised officer may have the muster carried out at the person's 2
expense. 3
(4) The Minister or Local Land Services may recover the expense of having 4
a muster carried out under this section as a debt in any court of 5
competent jurisdiction. 6
205 Personal liability 7
A matter or thing done or omitted to be done by: 8
(a) the Minister, or 9
(b) Local Land Services, or 10
(c) the Director-General, or 11
(d) the Board or the Chair of the Board of Chairs or any other 12
member of the Board, or 13
(e) a member of a local board, or 14
(f) a member of staff of Local Land Services, or 15
(g) a person acting under the direction of a person or body referred 16
to in paragraphs (a)-(f), 17
does not, if the matter or thing was done or omitted to be done in good 18
faith for the purposes of executing this Act, subject the Minister, the 19
Director-General, any member of the Board or a local board, a member 20
of staff or a person so acting personally to any action, liability, claim or 21
demand. 22
206 Regulations 23
(1) The Governor may make regulations, not inconsistent with this Act, for 24
or with respect to any matter that by this Act is required or permitted to 25
be prescribed or that is necessary or convenient to be prescribed for 26
carrying out or giving effect to this Act. 27
(2) Without limiting subsection (1), regulations may be made for or with 28
respect to the following: 29
(a) fees, rates, charges and other amounts payable under this Act or 30
the regulations, 31
(b) the appointment of members of the Board and local boards, 32
(c) the election of members of local boards, 33
(d) the conferral of jurisdiction on a court with respect to such 34
elections, 35
(e) matters of a savings or transitional nature consequent on any 36
amalgamation of regions, 37
Page 86
Local Land Services Bill 2013 Clause 207
Miscellaneous Part 14
(f) the process of making, and the form and content of, the State 1
strategic plan, local strategic plans and local annual reports, 2
(g) the walking and grazing of stock, 3
(h) the erection of signs when stock are walking or grazing on or near 4
a road and the responsibility of drivers in respect of such signs, 5
(i) the use of travelling stock reserves and the use of any structures 6
or things constructed or kept on those reserves, 7
(j) the use or lease of any stock watering place, 8
(k) permits, licences, authorities and other documents for the 9
purposes of this Act or the regulations, 10
(l) the insurance to be effected and bonds to be given or obtained in 11
connection with the use of such documents, 12
(m) the identification of stock, 13
(n) codes of conduct, including contraventions of a code of conduct, 14
(o) audits and reports required by or under this Act. 15
(3) The regulations may create an offence punishable by a penalty not 16
exceeding 100 penalty units. 17
207 Local land board appeals procedure 18
(1) An appeal to a local land board under this Act against a decision or rate 19
levied by Local Land Services is to be made by lodging a notice of 20
appeal with the registrar of the appropriate local land board. 21
(2) The appellant is to give a copy of the notice of appeal to Local Land 22
Services. 23
(3) The chairperson of the local land board to which an appeal is made is to 24
give both the appellant and Local Land Services at least 7 days' notice 25
of the time fixed for the hearing of the appeal. 26
208 Exemptions 27
The regulations may exempt from the operation of all or any of the 28
provisions of Parts 5, 6 and 9 any specified land or class of land, any 29
specified person or class of persons or any specified activities or class 30
of activities in such circumstances, and subject to such conditions, as 31
may be specified in the regulations. 32
209 Service of documents 33
(1) A document may be served on Local Land Services by leaving it at, or 34
by sending it by post to: 35
(a) the office of Local Land Services, or 36
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Clause 210 Local Land Services Bill 2013
Part 14 Miscellaneous
(b) if it has more than one office--any one of its offices. 1
(2) A document that is authorised or required by this Act or the regulations 2
to be served on any other person may be served by: 3
(a) in the case of a natural person: 4
(i) delivering it to the person personally, or 5
(ii) sending it by post to the address specified by the person for 6
the giving or service of documents or, if no such address is 7
specified, the residential or business address of the person 8
last known to the person giving or serving the document, 9
or 10
(iii) sending it by facsimile transmission to the facsimile 11
number of the person, or 12
(b) in the case of a body corporate: 13
(i) leaving it with a person apparently of or above the age of 14
16 years at, or by sending it by post to, the head office, a 15
registered office or a principal office of the body corporate 16
or to an address specified by the body corporate for the 17
giving or service of documents, or 18
(ii) sending it by facsimile transmission to the facsimile 19
number of the body corporate. 20
(3) Nothing in this section affects the operation of any provision of a law or 21
of the rules of a court authorising a document to be served on a person 22
in any other manner. 23
210 Repeals 24
The following are repealed: 25
(a) the Rural Lands Protection Act 1998, the Rural Lands Protection 26
Amendment Act 2008 and the Rural Lands Protection Regulation 27
2010, 28
(b) the Catchment Management Authorities Act 2003 and the 29
Catchment Management Authorities (Hunter Central Rivers) 30
Regulation 2010. 31
211 Review of Act 32
(1) The Minister is to review this Act to determine whether the policy 33
objectives of the Act remain valid and whether the terms of the Act 34
remain appropriate for securing those objectives. 35
(2) The review is also to determine whether the governance arrangements 36
for Local Land Services, and the composition of the local boards, 37
remain appropriate given current funding arrangements for local land 38
services. 39
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Local Land Services Bill 2013 Clause 211
Miscellaneous Part 14
(3) The review is to be undertaken as soon as possible after the period of 1
5 years from the date of assent to this Act. 2
(4) A report on the outcome of the review is to be tabled in each House of 3
Parliament within 12 months after the end of the period of 5 years. 4
Page 89
Local Land Services Bill 2013
Schedule 1 Local Land Services regions
Schedule 1 Local Land Services regions 1
(Section 6) 2
Page 90
Local Land Services Bill 2013
Constitution and procedure of Board and local boards Schedule 2
Schedule 2 Constitution and procedure of Board and 1
local boards 2
Part 1 General 3
1 Definitions 4
In this Schedule: 5
appointed member means a person who is appointed by the Minister as 6
a member of the Board or a local board. 7
Chair means: 8
(a) the Chair of the Board of Chairs, and 9
(b) a person who is appointed as chair of a local board. 10
elected member means a person who is elected as a member of the local 11
board for a region. 12
member means a member of the Board or a local board. 13
Part 2 Constitution 14
Division 1 Provisions relating to local boards 15
2 Terms of office of members of local board 16
(1) Subject to this Schedule and the regulations: 17
(a) an appointed member of a local board holds office for such period 18
(not exceeding 3 years) as is specified in the member's 19
instrument of appointment, but is eligible (if otherwise qualified) 20
for election or re-appointment, and 21
(b) an elected member of a local board holds office for a period of 22
3 years, but is eligible (if otherwise qualified) for re-election or 23
for appointment. 24
(2) A person is not eligible to be a member of a local board (whether 25
appointed or elected) for more than 2 consecutive terms of office. 26
However a person who is appointed as Chair of the local board is 27
eligible for 3 consecutive terms in total (consisting of no more than 28
2 terms as Chair). 29
(3) Subject to this Schedule and the regulations, the term of office of an 30
elected member of a board expires on the day immediately before the 31
general election held after his or her election. 32
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Local Land Services Bill 2013
Schedule 2 Constitution and procedure of Board and local boards
(4) For the purposes of the calculation of a member of a local board's 1
consecutive terms of office only, if: 2
(a) a person is appointed under clause 4 to fill the office of a member 3
that has become vacant otherwise than by the expiration of the 4
member's term of office, and 5
(b) the person is appointed for the balance of his or her predecessor's 6
term of office, 7
the appointment does not constitute (and is taken never to have 8
constituted) an appointment for a term of office. 9
3 Chair of local board 10
(1) The chair of a local board vacates office as chair if he or she: 11
(a) is removed from that office by the Minister under this clause, or 12
(b) resigns that office by instrument in writing addressed to the 13
Minister, or 14
(c) ceases to be a member of the local board. 15
(2) The Minister may at any time remove the chair of a local board from 16
office as chair. 17
Note. If a person ceases to be a chair of a local board, the person ceases to be 18
a member of the Board. 19
(3) If the office of a chair of a local board becomes vacant, a person is, 20
subject to this Act and the regulations, to be appointed to fill the 21
vacancy. 22
4 Filling of vacancy in office of member 23
(1) If the office of any appointed member of a local board becomes vacant, 24
a person is, subject to this Act and the regulations, to be appointed to fill 25
the vacancy. 26
(2) If the office of an elected member of a local board becomes vacant, a 27
person is, subject to this Act and the regulations, to be elected to fill the 28
vacancy. The member so elected holds office, subject to subclause (3), 29
for the remainder of the term of office of the elected member whose 30
office he or she is filling. 31
(3) If the vacation of office occurs within 12 months before the term of 32
office of an elected member would have expired, the Minister may 33
appoint a person who would be qualified to be elected as an elected 34
member to fill the office for the remainder of that term. 35
(4) The term of office of a person elected or appointed in accordance with 36
this clause is to be disregarded for the purposes of clause 2. 37
Page 92
Local Land Services Bill 2013
Constitution and procedure of Board and local boards Schedule 2
Division 2 Provisions relating to members of Board and local 1
boards (other than Chair of the Board of Chairs) 2
5 Application of Division 3
This Division does not apply to the Chair of the Board of Chairs. 4
6 Vacancy in office of member 5
(1) The office of a member becomes vacant if the member: 6
(a) dies, or 7
(b) completes a term of office and is not re-appointed or re-elected, 8
or 9
(c) resigns the office by instrument in writing addressed to the 10
Minister, or 11
(d) is removed from office by the Minister under this clause, or 12
(e) is absent from 3 consecutive meetings of the Board or local board 13
of which reasonable notice has been given to the member 14
personally or by post, except on leave granted by the Minister or 15
unless the member is excused by the Minister for having been 16
absent from those meetings, or 17
(f) becomes bankrupt, applies to take the benefit of any law for the 18
relief of bankrupt or insolvent debtors, compounds with his or her 19
creditors or makes an assignment of his or her remuneration for 20
their benefit, or 21
(g) becomes a mentally incapacitated person, or 22
(h) is convicted in New South Wales of an offence that is punishable 23
by imprisonment for 12 months or more or is convicted 24
elsewhere than in New South Wales of an offence that, if 25
committed in New South Wales, would be an offence so 26
punishable. 27
(2) The Minister may remove a member from office at any time for any or 28
no reason and without notice. 29
7 Suspension of members 30
(1) The Minister may, by order in writing, suspend a member of the Board 31
or a local board from office for a period not exceeding 3 months. 32
(2) A copy of an order given under this clause must be served on the 33
member. 34
(3) The member, while suspended from office under this clause: 35
(a) is not entitled to exercise any functions of the office, and 36
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Local Land Services Bill 2013
Schedule 2 Constitution and procedure of Board and local boards
(b) is not entitled to any fee or other remuneration to which he or she 1
would otherwise be entitled as the holder of the office. 2
(4) The period of suspension under an order made under this clause 3
commences on the date the order is served on the member or the date 4
specified in the order for the commencement of the period of 5
suspension, whichever is the later. 6
8 Part-time appointments 7
Members hold office as part-time members. 8
9 Remuneration 9
A member is entitled to be paid such remuneration (including travelling 10
and subsistence allowances) as the Minister, in consultation with the 11
Public Service Commissioner appointed under Part 1.3 of the Public 12
Sector Employment and Management Act 2002, may from time to time 13
determine in respect of the member. 14
10 Effect of certain other Acts 15
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 16
does not apply to or in respect of the appointment of a member of the 17
Board or a local board. 18
(2) If by or under any Act provision is made: 19
(a) requiring a person who is the holder of a specified office to 20
devote the whole of his or her time to the duties of that office, or 21
(b) prohibiting the person from engaging in employment outside the 22
duties of that office, 23
the provision does not operate to disqualify the person from holding that 24
office and also the office of an appointed member or from accepting and 25
retaining any remuneration payable to the person under this Act as a 26
member. 27
Part 3 Procedure 28
11 General procedure 29
The procedure for the calling of meetings of the Board or a local board 30
and for the conduct of business at those meetings is, subject to this Act 31
and the regulations, to be determined by the Board or local board. 32
12 Quorum 33
(1) The quorum for a meeting of the Board or a local board is a majority of 34
its members for the time being. 35
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Local Land Services Bill 2013
Constitution and procedure of Board and local boards Schedule 2
(2) A person appointed under section 25 (2) (c) is not to be counted in 1
determining if a quorum for a meeting of the Board exists. 2
13 Presiding member 3
(1) The Chair (or, in the absence of the Chair, a person elected by the 4
members of the Board or local board who are present at a meeting of the 5
Board or local board) is to preside at a meeting of the Board or local 6
board. 7
(2) The presiding member has a deliberative vote and, in the event of an 8
equality of votes, has a second or casting vote. 9
14 Voting 10
A decision supported by a majority of the votes cast at a meeting of the 11
Board or local board at which a quorum is present is the decision of the 12
Board or local board. 13
Note. A person appointed under section 25 (2) (c) is a non-voting member of 14
the Board. 15
15 Transaction of business outside meetings or by telephone 16
(1) The Board or local board may, if it thinks fit, transact any of its business 17
by the circulation of papers among all the members of the Board or local 18
board for the time being, and a resolution in writing approved in writing 19
by a majority of those members is taken to be a decision of the Board or 20
local board. 21
(2) The Board or local board may, if it thinks fit, transact any of its business 22
at a meeting at which members (or some members) participate by 23
telephone, closed-circuit television or other means, but only if any 24
member who speaks on a matter before the meeting can be heard by the 25
other members. 26
(3) For the purposes of: 27
(a) the approval of a resolution under subclause (1), or 28
(b) a meeting held in accordance with subclause (2), 29
the Chair and each member have the same voting rights as they have at 30
an ordinary meeting of the Board or local board. 31
(4) A resolution approved under subclause (1) is, subject to the regulations, 32
to be recorded in the minutes of the meetings of the Board or local 33
board. 34
(5) Papers may be circulated among the members for the purposes of 35
subclause (1) by facsimile or other transmission of the information in 36
the papers concerned. 37
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Schedule 2 Constitution and procedure of Board and local boards
16 Disclosure of pecuniary interests 1
(1) If: 2
(a) a member has a direct or indirect pecuniary or other interest in a 3
matter being considered or about to be considered at a meeting of 4
the Board or a local board, and 5
(b) the interest appears to raise a conflict with the proper 6
performance of the member's duties in relation to the 7
consideration of the matter, 8
the member must, as soon as possible after the relevant facts have come 9
to the member's knowledge, disclose the nature of the interest at a 10
meeting of the Board or local board. 11
(2) A disclosure by a member at a meeting of the Board or local board that 12
the member: 13
(a) is a member, or is in the employment, of a specified company or 14
other body, or 15
(b) is a partner, or is in the employment, of a specified person, or 16
(c) has some other specified interest relating to a specified company 17
or other body or to a specified person, 18
is a sufficient disclosure of the nature of the interest in any matter 19
relating to that company or other body or to that person which may arise 20
after the date of the disclosure and which is required to be disclosed 21
under subclause (1). 22
(3) Particulars of any disclosure made under this clause must be recorded 23
by the Board or local board in a book kept for the purpose and that book 24
must be open at all reasonable hours to inspection by any person. 25
(4) After a member has disclosed the nature of an interest in any matter, the 26
member must not, unless the Board or the local board otherwise 27
determines: 28
(a) be present during any deliberation of the Board or local board 29
with respect to the matter, or 30
(b) take part in any decision of the Board or local board with respect 31
to the matter. 32
(5) For the purposes of the making of a determination by the Board or local 33
board under subclause (4), a member who has a direct or indirect 34
pecuniary or other interest in a matter to which the disclosure relates 35
must not: 36
(a) be present during any deliberation of the Board or local board for 37
the purpose of making the determination, or 38
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Local Land Services Bill 2013
Constitution and procedure of Board and local boards Schedule 2
(b) take part in the making of the determination by the Board or local 1
board. 2
(6) A contravention of this clause does not invalidate any decision of the 3
Board or local board. 4
17 First meeting 5
The Minister may call the first meeting of the Board or a local board in 6
such manner as the Minister thinks fit. 7
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Local Land Services Bill 2013
Schedule 3 Charges on land for unpaid amounts
Schedule 3 Charges on land for unpaid amounts 1
(Sections 94 and 153) 2
1 Definition 3
In this Schedule: 4
compliance notice means a notice under the following sections: 5
(a) section 94 (Compliance notice--fencing), 6
(b) section 153 (Compliance notice--pests). 7
2 Registration of compliance notices in relation to land 8
(1) Local Land Services or any other person that gives a compliance notice 9
to the owner or occupier of land may apply to the Registrar-General for 10
registration of the notice in relation to the land. 11
(2) An application under this clause must define the land. 12
(3) The Registrar-General must, on application under this clause and 13
lodgment of the compliance notice, register the notice in relation to the 14
land in such manner as the Registrar-General thinks fit. 15
(4) If the notice relates to land under the provisions of the Real Property Act 16
1900, the notice is to be registered under that Act. 17
3 Charge on land subject to compliance notice 18
(1) This clause applies where a compliance notice is registered under 19
clause 2 in relation to land. 20
(2) There is created by force of this clause, on the registration of the notice, 21
a charge on the land in relation to which the notice is registered to secure 22
the payment to Local Land Services or the person that applied for 23
registration of the notice of the amount specified in the notice. 24
4 When charge ceases to have effect 25
(1) A charge under clause 3 ceases to have effect: 26
(a) on payment to Local Land Services or the person concerned of 27
the amount specified in the compliance notice, or 28
(b) on the sale or other disposition of the property with the written 29
consent of Local Land Services or the person concerned, or 30
(c) on the sale of the land to a purchaser in good faith for value who, 31
at the time of the sale, has no notice of the charge, 32
whichever occurs first. 33
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Local Land Services Bill 2013
Charges on land for unpaid amounts Schedule 3
(2) The regulations may make provision for or with respect to the removal 1
of a charge under this clause. 2
5 Charge subject to existing encumbrances 3
A charge under clause 3 is subject to every charge or encumbrance to 4
which the land was subject before the notice was registered. 5
6 Registration of charge is notice 6
(1) If: 7
(a) a charge under clause 3 is created on land of a particular kind and 8
the provisions of any law of the State provide for the registration 9
of title to, or charges over, land of that kind, and 10
(b) the charge is so registered, 11
a person who purchases or otherwise acquires the land after the 12
registration of the charge is, for the purposes of clause 4, taken to have 13
notice of the charge. 14
(2) A person who is taken to have notice of a charge under this clause is 15
liable to pay the amount secured by the charge, or so much of it as 16
remains outstanding, as if the person were the person originally liable 17
for the amount. 18
(3) This clause does not have the effect of discharging the liability of a 19
person who was originally or previously liable for the amount secured 20
by the charge. 21
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Local Land Services Bill 2013
Schedule 4 Administrators
Schedule 4 Administrators 1
(Section 200 (6)) 2
1 Acting administrator 3
(1) If, because of illness or absence, an administrator is unable to exercise 4
the functions of his or her office, the Minister may, by notice published 5
in the Gazette, appoint a person to act in that office during the 6
administrator's illness or absence. 7
(2) The Minister may, at any time, remove from office a person appointed 8
under subclause (1). 9
2 Vacation of office 10
(1) The office of administrator becomes vacant if the administrator: 11
(a) dies, or 12
(b) resigns the office by instrument in writing addressed to the 13
Minister, or 14
(c) is removed from office by the Minister, or 15
(d) becomes bankrupt, applies to take the benefit of any law for the 16
relief of bankrupt or insolvent debtors, compounds with his or her 17
creditors or makes an assignment of his or her remuneration for 18
their benefit, or 19
(e) becomes a mentally incapacitated person, or 20
(f) is convicted in New South Wales of an offence that is punishable 21
by imprisonment for 12 months or more or is convicted 22
elsewhere than in New South Wales of an offence that, if 23
committed in New South Wales, would be an offence so 24
punishable. 25
(2) The Minister may at any time, by notice published in the Gazette, 26
remove an administrator from office. 27
3 Effect of certain other Acts 28
(1) Chapter 1A of the Public Sector Employment and Management Act 29
2002 does not apply to or in respect of the appointment of an 30
administrator and, as such, an administrator is not subject to that Act. 31
(2) The office of administrator is not, for the purposes of any Act, an office 32
or place of profit under the Crown. 33
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Local Land Services Bill 2013
Administrators Schedule 4
4 Expenses of administrator 1
An administrator is entitled to be paid, out of the Local Land Services 2
Fund, such remuneration (including travelling and subsistence 3
allowances) as the Minister may direct. 4
5 Administrator not liable for losses incurred during administration 5
(1) An administrator is not liable for any loss incurred by Local Land 6
Services during the administrator's term of office unless the loss is 7
attributable to the administrator's intentional misconduct, gross 8
negligence or failure to comply with any provision of this Act. 9
(2) Neither the Crown nor the Minister is liable for any loss incurred by 10
Local Land Services during an administrator's term of office, whether 11
or not the administrator is so liable. 12
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Local Land Services Bill 2013
Schedule 5 Sale of land for unpaid money owing to Local Land Services
Schedule 5 Sale of land for unpaid money owing to 1
Local Land Services 2
(Sections 182 and 183) 3
1 Definition 4
In this Schedule: 5
charge means a charge or an amount payable under the following 6
sections: 7
(a) section 94 (Compliance notice--fencing), 8
(b) section 153 (Compliance notice--pests), 9
(c) section 154 (Contributions towards eradication of pests that are 10
insects). 11
2 Overdue rates and charges 12
For the purposes of this Schedule: 13
(a) a rate is overdue if it has remained unpaid for more than 5 years 14
after the date on which it became payable, and 15
(b) a charge is overdue if it has remained unpaid for more than 16
5 years after a judgment or costs were awarded in respect of the 17
charge. 18
3 Sale of land for unpaid rates and charges 19
(1) Local Land Services may, in accordance with this Schedule, sell any 20
land (or part of land) on which any rate or charge is overdue. 21
(2) Local Land Services must not sell any such land unless it certifies the 22
following in writing: 23
(a) what rates and charges (including overdue rates and charges) are 24
payable on the land, 25
(b) when the rates and charges were made and how they were 26
imposed, 27
(c) when and how each of those rates or charges became payable, 28
(d) what amounts are payable by way of overdue rates and charges 29
on the land, 30
(e) what amounts are payable by way of rates and charges (other than 31
overdue rates and charges) on the land. 32
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Local Land Services Bill 2013
Sale of land for unpaid money owing to Local Land Services Schedule 5
(3) Local Land Services may, in the case of adjoining parcels of land 1
(whether owned by the same person or not) each of which may be sold 2
under this Schedule: 3
(a) sell them separately or as a single parcel and under whatever 4
conditions of sale it considers proper, and 5
(b) do such things as it considers appropriate for the purpose of 6
selling the land at its full value. 7
4 Estate and interest of the Crown in land 8
This Schedule does not enable the sale of: 9
(a) an estate or interest of the Crown in land, or 10
(b) any interest in land owned by the Crown that may not be 11
transferred at law. 12
5 Notice of proposal to sell land 13
(1) Before selling land under this Schedule, Local Land Services must: 14
(a) fix a convenient time (being not more than 6 months and not less 15
than 3 months from the publication in a newspaper of the 16
advertisement referred to in paragraph (b)) and a convenient 17
place for the sale, and 18
(b) give notice of the proposed sale by means of an advertisement 19
published in the Gazette and in at least one newspaper, and 20
(c) take reasonable steps to ascertain the identity of any person who 21
has an interest in the land, and 22
(d) take reasonable steps to notify each such person (and the Crown, 23
if the land concerned is owned by the Crown) of Local Land 24
Services' intention to sell the land under this Schedule. 25
(2) If, before the time fixed for the sale: 26
(a) all rates and charges payable (including overdue rates and 27
charges) and the expenses of Local Land Services incurred in 28
connection with the proposed sale are paid to Local Land 29
Services, or 30
(b) an arrangement satisfactory to Local Land Services for payment 31
of all such rates, charges and expenses is entered into by the 32
rateable person, 33
Local Land Services must not proceed with the sale. 34
6 Sale of land by public auction 35
(1) Any sale of land under this Schedule must be by way of public auction, 36
except as provided by this clause. 37
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Local Land Services Bill 2013
Schedule 5 Sale of land for unpaid money owing to Local Land Services
(2) Land that fails to sell at public auction may be sold by private treaty. 1
(3) Land must not be sold under this Schedule to the following persons: 2
(a) Local Land Services, 3
(b) a member of the Board or a local board, 4
(c) a relative of a member of the Board or a local board, 5
(d) a member of staff of Local Land Services, 6
(e) a relative of a member of staff of Local Land Services. 7
(4) In this clause, a reference to a relative of a person is a reference to a 8
spouse or de facto partner of the person or a grandparent, parent, son, 9
daughter, grandchild, brother, sister, uncle, aunt, niece or nephew of the 10
person or of the person's spouse or de facto partner. 11
7 Payment of purchase money 12
The purchase money for land sold under this Schedule must be paid to 13
Local Land Services, and the receipt of Local Land Services is a 14
discharge to the purchaser in respect of all expenses, rates, charges and 15
debts referred to in clause 8. 16
8 Application of purchase money 17
Local Land Services must apply any purchase money received by it on 18
the sale of land for overdue rates and charges in or towards payment of 19
the following purposes and in the following order: 20
(a) firstly, the expenses of Local Land Services incurred in 21
connection with the sale, 22
(b) secondly, any rate or charge in respect of the land due to Local 23
Land Services, or any other rating authority, and any debt in 24
respect of the land (being a debt of which Local Land Services 25
has notice) due to the Crown (including any meat industry levy 26
under the Meat Industry Act 1978) as a consequence of the sale 27
on an equal footing. 28
9 What if the purchase money is less than the amounts owing? 29
If the purchase money is insufficient to satisfy all rates, charges and 30
debts referred to in clause 8 (b): 31
(a) the amount available is to be divided between the rates, charges 32
and debts in proportion to the amounts owing on each, and 33
(b) the rates, charges and debts are taken to have been fully satisfied. 34
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Local Land Services Bill 2013
Sale of land for unpaid money owing to Local Land Services Schedule 5
10 What if the purchase money is more than the amounts owing? 1
(1) Any balance of the purchase money must be paid into the Local Land 2
Services Fund and held by Local Land Services in trust for the persons 3
having estates or interests in the land immediately before the sale 4
according to their respective estates and interests. 5
(2) Local Land Services may pay the balance of the purchase money or any 6
part of the balance to or among the persons who are, in its opinion, 7
clearly entitled to it, and the receipt of the person to whom any payment 8
is so made is an effectual discharge to Local Land Services for it. 9
(3) The Unclaimed Money Act 1995 applies to the balance of any purchase 10
money held by Local Land Services as if Local Land Services were a 11
business and the money were unclaimed money within the meaning of 12
that Act. 13
11 Apportionment of rates on subdivided land 14
(1) This clause applies to any land on which a rate or charge is imposed and 15
which is subsequently subdivided. 16
(2) If part only of any such land is sold under this Schedule, any unpaid 17
rates and charges in respect of the land may be apportioned by Local 18
Land Services on the recommendation of the Valuer-General. 19
12 Conveyance or transfer of land 20
Local Land Services, on payment to it of the purchase money, may 21
convey or transfer the land to the purchaser without any other authority 22
than that conferred by this clause. 23
13 Land is conveyed free of certain interests 24
(1) A conveyance or transfer under this Schedule vests the land in the 25
purchaser for an estate in fee simple freed and discharged from all trusts, 26
obligations, estates, interests, contracts and charges, and rates and 27
charges under this or any other Act, but subject to: 28
(a) any reservations or conditions for the benefit of the Crown 29
affecting the land, and 30
(b) any easements, restrictive covenants or positive public covenants 31
created in accordance with section 88D or 88E of the 32
Conveyancing Act 1919 and public rights of way affecting the 33
land. 34
(2) This clause does not apply to a leasehold estate under a lease that may 35
be transferred at law in land owned by the Crown. 36
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Local Land Services Bill 2013
Schedule 5 Sale of land for unpaid money owing to Local Land Services
14 Special provisions concerning leases of land owned by the Crown 1
(1) This clause applies to a leasehold estate under a lease that may be 2
transferred at law in land owned by the Crown. 3
(2) A conveyance or transfer under this Schedule of a leasehold estate to 4
which this clause applies vests the leasehold estate in the purchaser 5
freed and discharged from all trusts, obligations, estates, interests, 6
contracts and charges, and rates and charges under this or any other Act, 7
but subject to: 8
(a) any debt payable to the Crown, and 9
(b) any liability for any breach before the conveyance or transfer of 10
the lease, and 11
(c) the provisions of the Crown Lands Act 1989, the Crown Lands 12
(Continued Tenures) Act 1989 and the Western Lands Act 1901 13
applicable to the leasehold estate. 14
15 Transfers not invalid because of procedural irregularities 15
A conveyance or transfer issued by Local Land Services under this 16
Schedule is not invalid merely because Local Land Services has failed 17
to comply with a requirement of this Schedule with respect to the sale 18
of the land to which the conveyance or transfer relates. 19
16 Registration of transfer of land under Real Property Act 1900 20
(1) On lodgment of a transfer of land under the Real Property Act 1900, the 21
Registrar-General is to make such recordings in the Register kept under 22
that Act as are necessary to give effect to this Schedule. 23
(2) The transfer does not operate at law until it is registered under the Real 24
Property Act 1900. 25
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Local Land Services Bill 2013
Savings, transitional and other provisions Schedule 6
Schedule 6 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
(4) Regulations under this clause may have effect despite any provision of 19
Part 2. 20
Part 2 Provisions consequent on enactment of this 21
Act 22
2 Definitions 23
In this Part: 24
former Act means the former RLP Act or the former CMA Act. 25
former CMA Act means the Catchment Management Authorities Act 26
2003 as in force immediately before its repeal by this Act. 27
former RLP Act means the Rural Lands Protection Act 1998 as in force 28
immediately before its repeal by this Act. 29
repeal date means the date on which the former RLP Act and the former 30
CMA Act are repealed by this Act. 31
3 Local Land Services Regulation 2014 32
(1) Schedule 9 sets out the terms of the Local Land Services Regulation 33
2014. 34
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Local Land Services Bill 2013
Schedule 6 Savings, transitional and other provisions
(2) On and from the commencement of this clause: 1
(a) Schedule 9 is taken to be, and to have effect as, a regulation under 2
this Act, and 3
(b) the regulation set out in Schedule 9 is taken, for the purposes of 4
section 10 of the Subordinate Legislation Act 1989, to have been 5
published on the commencement of this clause, and 6
(c) sections 39, 40 and 41 of the Interpretation Act 1987 do not apply 7
to the regulation set out in Schedule 9 (but apply to any 8
amendment or repeal of the regulation). 9
(3) Schedule 9 is repealed on the day following the day on which this clause 10
commences. 11
Note. The continued effect of the regulation set out in Schedule 9 is unaffected 12
by the repeal of Schedule 9. See section 30 of the Interpretation Act 1987. 13
4 Abolition of former corporate and statutory bodies 14
(1) On the repeal date: 15
(a) each former corporate or statutory body is abolished, and 16
(b) each person appointed as a member of the former corporate or 17
statutory body ceases to hold office as such a member (but is 18
eligible, if otherwise qualified, to be appointed as a member of a 19
local board), and 20
(c) any assets, rights and liabilities (if any) of the former corporate or 21
statutory body become the assets, rights and liabilities of Local 22
Land Services. 23
(2) A person who ceases to hold office as a member of the former corporate 24
or statutory body is not entitled to any remuneration or compensation 25
because of the loss of that office. 26
(3) In this clause: 27
assets means any legal or equitable estate or interest (whether present or 28
future and whether vested or contingent and whether personal or 29
assignable) in real or personal property of any description (including 30
money), and includes securities, choses in action and documents. 31
former corporate or statutory body means the following bodies as 32
constituted under the former RLP Act or the former CMA Act: 33
(a) the State Management Council of Livestock Health and Pest 34
Authorities, 35
(b) the State Policy Council of Livestock Health and Pest 36
Authorities, 37
(c) each livestock health and pest authority, 38
(d) each catchment management authority. 39
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Local Land Services Bill 2013
Savings, transitional and other provisions Schedule 6
liabilities means all liabilities, debts and obligations (whether present or 1
future and whether vested or contingent and whether personal or 2
assignable). 3
rights means all rights, powers, privileges and immunities (whether 4
present or future and whether vested or contingent and whether personal 5
or assignable). 6
5 Interim boards 7
(1) Pending the commencement of section 27 (Local boards) on 1 January 8
2014, there is to be a local board for each region (the interim local 9
board) to carry out such functions in relation to the administration of 10
this Act as may be determined by the Minister. An interim local board 11
is to consist of 4 members (or, for the Western Region, 5 members) 12
appointed by the Minister. 13
(2) The members of an interim local board are to be persons who together 14
have, in the opinion of the Minister, appropriate skills and knowledge. 15
(3) Of the members of an interim local board appointed by the Minister, one 16
is, in and by the instrument of appointment or another instrument made 17
by the Minister, to be appointed as chair of the interim local board. 18
(4) A member of an interim local board for a region holds office until 19
1 January 2014 and is eligible (if otherwise qualified) to be appointed 20
or elected as a member of the local board for the region constituted after 21
the commencement of section 27. 22
(5) The Minister may call the first meeting of an interim local board in such 23
manner as the Minister thinks fit. 24
(6) Pending the commencement of section 25 (Establishment of Board of 25
Chairs) on 1 January 2014, there is to be a Board of Chairs (the interim 26
Board of Chairs) consisting of: 27
(a) the Chair of the Board of Chairs appointed under Chapter 1A of 28
the Public Sector Employment and Management Act 2002, and 29
(b) the chair of each interim local board. 30
(7) The interim Board of Chairs is to carry out such functions in relation to 31
the administration of this Act as may be determined by the Minister. 32
(8) Despite clause 2 of Schedule 2 to this Act, the Minister may appoint a 33
person as a member of the first local board for a region constituted after 34
the commencement of this Act for a period (not exceeding 41/2 years) 35
specified in the instrument of appointment of the person. 36
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Local Land Services Bill 2013
Schedule 6 Savings, transitional and other provisions
(9) Schedule 2 (other than clause 2) to this Act applies to and in respect of 1
the members of an interim local board and the interim Board of Chairs 2
in the same way as it will apply to the members, a local board and the 3
Board on or after 1 January 2014. 4
(10) Despite section 27 (7), the chair of each interim local board is (subject 5
to subclause (4)) to be appointed as chair of the first local board for a 6
region constituted after the commencement of this Act. 7
(11) Any act or proceeding of the Board of Chairs or a local board (or the 8
interim Board of Chairs or an interim local board) is not to be called into 9
question merely because of any vacancies in the membership of the 10
Board of Chairs or local board (or the interim Board of Chairs or the 11
interim local board) pending the appointment or election of its members 12
in accordance with this Act and the regulations. 13
6 Staff 14
Without limiting section 26 of the Interpretation Act 1987, a State 15
industrial instrument or other agreement may be entered into before the 16
commencement of Part 2 of this Act with respect to: 17
(a) the transfer of staff of livestock health and pest authorities under 18
the former RLP Act and catchment management authorities 19
under the former CMA Act on the commencement of that Part to 20
Local Land Services, and 21
(b) the terms and conditions of employment applicable to those 22
persons. 23
7 Rates, catchment contributions and other amounts outstanding under 24
former Acts to remain payable 25
(1) The amount of any catchment contribution, rate, fee or charge that has 26
been levied or imposed under a provision of a former Act and has not 27
been paid when that provision is repealed by this Act is payable and 28
recoverable by Local Land Services as if that provision had not been 29
repealed. 30
(2) An amount referred to in this clause that, by virtue of a provision of a 31
former Act, was secured by a charge and that could, if it had first 32
become due and payable under this Act, have been secured by a charge 33
by virtue of a provision of this Act continues to be secured under the 34
provisions of this Act. 35
Page 110
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Savings, transitional and other provisions Schedule 6
8 State Council's Fund and funds of livestock health and pest authorities 1
and catchment management authorities 2
(1) On the repeal date: 3
(a) the State Council's Fund established under section 30 of the 4
former RLP Act is abolished, and 5
(b) any balance standing to the credit of that Fund is transferred to the 6
Local Land Services Fund and may be used for any purpose for 7
which Local Land Services may expend money from the Fund 8
under this Act. 9
(2) On the repeal date: 10
(a) the funds established under section 50 of the former RLP Act are 11
abolished, and 12
(b) any balance standing to the credit of those funds is transferred to 13
the Local Land Services Fund and may be used for any purpose 14
for which Local Land Services may expend money from that 15
Fund under this Act. 16
(3) On the repeal date: 17
(a) the funds established under section 30 of the former CMA Act are 18
abolished, and 19
(b) any balance standing to the credit of those funds is transferred to 20
the Local Land Services Fund and may be used for any purpose 21
for which Local Land Services may expend money from that 22
Fund under this Act. 23
9 Assessment of carrying capacity under former RLP Act to continue to 24
have effect 25
The last assessment of the carrying capacity of land made under the 26
former RLP Act before the commencement of clause 16 of the Local 27
Land Services Regulation 2014 continues to have effect in respect of the 28
land until superseded by an assessment of the notional carrying capacity 29
of the land made in accordance with that clause. 30
10 Catchment action plans and local strategic plans 31
A catchment action plan in force under the former CMA Act before the 32
repeal date continues to have effect in respect of natural resource 33
management (within the meaning of the former CMA Act) of the land 34
to which it applied immediately before the repeal date until superseded 35
by a local strategic plan containing provisions with respect to natural 36
resource management (within the meaning of this Act) of the land is 37
made in accordance with this Act. 38
Page 111
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Schedule 6 Savings, transitional and other provisions
11 Authorised officers 1
(1) On the repeal date, a person who was an authorised officer for the 2
purposes of a provision of the former RLP Act that corresponds to a 3
provision of this Act is taken to be an authorised officer for the purposes 4
of a corresponding provision of this Act. 5
(2) The authority of such an authorised officer is subject to the same 6
conditions, limitations or restrictions as the authority was subject to 7
under the former RLP Act. 8
12 Existing travelling stock reserves and stock watering places 9
(1) On the repeal date, Local Land Services is taken to be vested with the 10
care, control and management of each travelling stock reserve the care, 11
control and management of which was vested in an authority under 12
Part 8 of the former RLP Act. 13
(2) Land that, immediately before the repeal date, was a stock watering 14
place under Part 9 of the former RLP Act is taken to have been declared 15
to be a stock watering place under this Act. 16
13 Existing permits relating to stock 17
Any stock permit or reserve use permit issued under Part 8 of the former 18
RLP Act (an original authority) that, immediately before the repeal 19
date, entitled or authorised a person to enter, remain on, occupy, use or 20
engage in any activity in a travelling stock reserve or public road is 21
taken to be a stock permit or reserve use permit (as the case requires) 22
issued under this Act authorising that person to do that thing subject to 23
any conditions to which the original authority was subject. 24
14 Right of way conditions and directions to make improvements 25
Any right of way condition imposed, or direction to make 26
improvements given, under section 98 of the former RLP Act 27
immediately before the repeal date is taken to have been imposed or 28
given under section 75 of this Act. 29
15 Fencing notices 30
Any fencing notice given under Division 6 of Part 8 of the former RLP 31
Act having effect immediately before the repeal date is taken to have 32
been given under Division 6 of Part 6 of this Act. 33
16 Stock Transportation Accreditation Committee 34
On the repeal date, the Stock Transportation Accreditation Committee 35
as constituted under section 140H of the former RLP Act immediately 36
before that date is taken to have been constituted under section 125 of 37
this Act. 38
Page 112
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Savings, transitional and other provisions Schedule 6
17 Notices served under former Acts 1
If: 2
(a) a notice or notification has been given or served under a provision 3
of a former Act, and 4
(b) a similar notice or notification could have been served under a 5
corresponding provision of this Act had this Act been in force at 6
the relevant time, and 7
(c) either the period within which the notice or notification was due 8
to take effect had not expired when that corresponding provision 9
commenced or, if it had expired, the notice or notification had not 10
been complied with, 11
the notice or notification is to be treated as if it were a notice or 12
notification served under that corresponding provision. 13
18 Documents prepared for the purposes of former Acts 14
If: 15
(a) a certificate or other document prepared or created under or for 16
the purposes of a provision of a former Act was in force 17
immediately before the repeal of that provision by this Act, and 18
(b) a similar certificate or document could be prepared or created 19
under or for the purposes of a corresponding provision of this 20
Act, 21
that certificate or document continues to have effect as if it had been 22
prepared or created under or for the purposes of that corresponding 23
provision. 24
19 Noxious insects, noxious animals and pest animals 25
(1) In this clause: 26
former pest means: 27
(a) any animal or bird of a species that, immediately before the 28
commencement of clause 27 of Schedule 7 to the former RLP 29
Act, was a noxious animal within the meaning of the Rural Lands 30
Protection Act 1989, and 31
(b) any insect of any species that, immediately before the 32
commencement of clause 27 of Schedule 7 to the former RLP 33
Act, was a noxious insect within the meaning of the Rural Lands 34
Protection Act 1989, and 35
(c) any animal or bird of a species that, immediately before the 36
commencement of clause 27 of Schedule 7 to the former RLP 37
Act, was the subject of a control order made under section 138D 38
of the Rural Lands Protection Act 1989. 39
Page 113
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Schedule 6 Savings, transitional and other provisions
(2) The Minister may make a pest control order under Part 10 of this Act 1
that declares a former pest (or only such species, hybrid or description 2
of such a pest as is specified in the order) to be a pest within the meaning 3
of this Act without complying with the requirements of sections 133 and 4
134. Such a pest control order is taken to be made in accordance with 5
Division 2 of Part 10. 6
(3) Nothing in this clause limits section 26 of the Interpretation Act 1987. 7
Page 114
Local Land Services Bill 2013
Amendment of Acts and regulations Schedule 7
Schedule 7 Amendment of Acts and regulations 1
7.1 Aboriginal Land Rights Act 1983 No 42 2
[1] Section 37 Aboriginal lands in travelling stock reserves 3
Omit "the Rural Lands Protection Act 1998" wherever occurring in 4
section 37 (1), (2), (4A) and (6) (a). 5
Insert instead "the Local Land Services Act 2013". 6
[2] Section 37 (1) 7
Omit "the Pastures Protection Board for the district in which that land is 8
situated". 9
Insert instead "Local Land Services". 10
7.2 Agricultural Livestock (Disease Control Funding) Act 1998 11
No 139 12
[1] Section 3 Definitions 13
Omit the definitions of carrying capacity, occupier and ratable land. 14
Insert instead, respectively: 15
carrying capacity has the same meaning as notional carrying 16
capacity has in the Local Land Services Regulation 2014. 17
occupier has the same meaning as in the Local Land Services Act 18
2013. 19
ratable land has the same meaning as rateable land has in the 20
Local Land Services Act 2013. 21
[2] Section 7 Standing Disease Control Advisory Committee 22
Omit "the State Management Council of Livestock Health and Pest 23
Authorities" from section 7 (2) (c). 24
Insert instead "Local Land Services". 25
[3] Section 8 Industry advisory committees 26
Omit "the State Management Council of Livestock Health and Pest 27
Authorities" from section 8 (3) (c). 28
Insert instead "Local Land Services". 29
Page 115
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Schedule 7 Amendment of Acts and regulations
[4] Section 12A Making of non-transaction based contributions 1
Omit "livestock health and pest authorities" from section 12A (2). 2
Insert instead "Local Land Services". 3
[5] Section 22 Obtaining information from Local Land Services 4
Omit "a livestock health and pest authority", "Any such authority" and "the 5
authority". 6
Insert instead "Local Land Services". 7
[6] Sections 23 and 24 8
Omit the sections. Insert instead: 9
23 Local Land Services required to collect industry levies 10
(1) The Director-General may, by notice in writing, direct Local 11
Land Services to collect the industry levies imposed by the 12
Director-General in respect of ratable land. 13
(2) Local Land Services is to collect any such industry levy in the 14
same manner as it collects a rate imposed under the Local Land 15
Services Act 2013. 16
(3) Any amount collected by Local Land Services is to be paid to the 17
Director-General within such time and in such manner as the 18
Director-General directs. 19
(4) Local Land Services is to be paid such amount for the collection 20
of industry levies as the Minister determines having regard to the 21
advice of Local Land Services and the relevant industry advisory 22
committee. The arrangements for that payment may include the 23
retention by Local Land Services of a percentage of industry 24
levies collected by Local Land Services. 25
(5) A failure by Local Land Services to collect or pay the levy, or to 26
comply with any requirement made by or under this Act with 27
respect to the levy, is taken to be a contravention by Local Land 28
Services of the Local Land Services Act 2013 and may be dealt 29
with accordingly. 30
24 Application of Local Land Services Act 2013 31
(1) The Local Land Services Act 2013 applies, for the purposes of the 32
collection of an industry levy, as if the industry levy were a rate 33
imposed by Local Land Services under that Act. 34
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Amendment of Acts and regulations Schedule 7
(2) That Act so applies with any necessary modifications and with 1
such modifications as are prescribed by this Part or the 2
regulations. 3
(3) The regulations may provide that a function exercisable by Local 4
Land Services under that Act may be exercised by the 5
Director-General in connection with industry levies under this 6
Act. 7
(4) In this section, modifications includes additions and omissions. 8
7.3 Agricultural Livestock (Disease Control Funding) 9
Regulation 2011 10
Clauses 5-7 11
Omit the clauses. 12
7.4 Agricultural Tenancies Act 1990 No 64 13
Schedule 1 Improvements that a tenant may make as of right 14
Omit "the Rural Lands Protection Act 1998" from item 4. 15
Insert instead "the Local Land Services Act 2013". 16
7.5 Apiaries Act 1985 No 16 17
Section 15A Forfeiture of beehives in certain cases 18
Omit paragraph (c) of the definition of controller in section 15A (11). 19
Insert instead: 20
(c) if the land consists of a travelling stock reserve--Local 21
Land Services, 22
7.6 Brigalow and Nandewar Community Conservation Area Act 23
2005 No 56 24
[1] Section 28 Membership and procedure of Advisory Committees 25
Omit section 28 (2) (a). Insert instead: 26
(a) one is to be the chair of the local board constituted under 27
the Local Land Services Act 2013 within the relevant area 28
for which the Committee is constituted, and 29
Page 117
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Schedule 7 Amendment of Acts and regulations
[2] Section 28 (6) and (7) 1
Insert after section 28 (5): 2
(6) For the purposes of subsection (2) (a), if parts of two or more 3
regions are located in the relevant area for which the Committee 4
is constituted, the chair of the local board for the region that has 5
the greater part in the relevant area is to be the member of the 6
Committee. 7
(7) A member of the Committee who held office under subsection 8
(2) (a) immediately before its substitution by the Local Land 9
Services Act 2013 ceases to hold office on that substitution. Any 10
such member is not entitled to any remuneration or compensation 11
because of that loss of office, but is eligible (if otherwise 12
qualified) to be appointed as a member of the Committee under 13
that paragraph as substituted. 14
7.7 Coroners Act 2009 No 41 15
Section 68 Manner of service of subpoena 16
Omit paragraph (d) of the definition of public officer in section 68 (5). 17
Insert instead: 18
(d) a member of staff of Local Land Services, 19
7.8 Criminal Procedure Act 1986 No 209 20
Section 3 Definitions 21
Omit paragraph (d) of the definition of public officer in section 3 (1). 22
Insert instead: 23
(d) a member of staff of Local Land Services, 24
7.9 Crown Lands Act 1989 No 6 25
[1] Section 3 Definitions 26
Omit paragraph (b) of the definition of government agency in section 3 (1). 27
Insert instead: 28
(b) Local Land Services, 29
[2] Section 3 (1), definition of "travelling stock reserve" 30
Omit "the Rural Lands Protection Act 1998". 31
Insert instead "the Local Land Services Act 2013". 32
Page 118
Local Land Services Bill 2013
Amendment of Acts and regulations Schedule 7
[3] Section 34A Special provisions relating to Minister's powers over Crown 1
reserves 2
Omit section 34A (5) (c). Insert instead: 3
(c) in the case of a relevant interest granted in respect of a 4
travelling stock reserve under the care, control and 5
management of Local Land Services--a direction that the 6
proceeds (or part of the proceeds) be paid to Local Land 7
Services, 8
[4] Section 102A Minister's consent not required for certain leases, licences 9
or easements 10
Omit "a livestock health and pest authority" from section 102A (1) (a). 11
Insert instead "Local Land Services". 12
[5] Section 138 Certain land may be declared to be Crown land 13
Omit paragraph (c) of the definition of public authority in section 138 (5). 14
Insert instead: 15
(c) Local Land Services, 16
7.10 Crown Lands Regulation 2006 17
[1] Clause 49A Local land board hearings--local land services appeals 18
Omit "section 242 of the Rural Lands Protection Act 1998". 19
Insert instead "section 207 of the Local Land Services Act 2013". 20
[2] Schedule 1 Fees and deposits 21
Omit "section 242 of the Rural Lands Protection Act 1998" from item 16. 22
Insert instead "section 207 of the Local Land Services Act 2013". 23
7.11 Deer Act 2006 No 113 24
[1] Section 3 Definitions 25
Omit "Rural Lands Protection Act 1998" wherever occurring from the 26
definition of occupier of land and public authority (and the note to that 27
definition) in section 3 (1). 28
Insert instead "Local Land Services Act 2013". 29
Page 119
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Schedule 7 Amendment of Acts and regulations
[2] Section 3 (1), definition of "occupier" of land and "public authority", note 1
Omit "the responsible board within the meaning of Part 8". 2
Insert instead "Local Land Services". 3
[3] Section 9 Consultation and approval before making deer control order 4
Omit section 9 (1) (b) and (c). Insert instead: 5
(b) Local Land Services, 6
7.12 Deer Regulation 2008 7
Clause 4 Authorised officers 8
Omit "section 185 of the Rural Lands Protection Act 1998". 9
Insert instead "section 167 of the Local Land Services Act 2013". 10
7.13 Duties Act 1997 No 123 11
Section 267 Exemptions 12
Omit section 267 (3). Insert instead: 13
(3) Local Land Services 14
Duty under this Chapter is not chargeable on an application to 15
register a motor vehicle if the applicant is Local Land Services. 16
7.14 Fines Act 1996 No 99 17
[1] Section 3 Definitions 18
Omit paragraph (g) of the definition of law enforcement officer in 19
section 3 (1). 20
Insert instead: 21
(g) a member of staff of Local Land Services, 22
[2] Schedule 1 Statutory provisions under which penalty notices issued 23
Omit "Rural Lands Protection Act 1998, section 205". 24
Page 120
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Amendment of Acts and regulations Schedule 7
7.15 Firearms Act 1996 No 46 1
Section 12 Genuine reasons for having a licence 2
Omit "the Livestock Health and Pest Authorities Division of the Government 3
Service" from paragraph (c) of the matter relating to the genuine reason of 4
animal welfare in the Table to the section. 5
Insert instead "is a member of staff of Local Land Services". 6
7.16 Firearms Regulation 2006 7
[1] Clause 32 Vertebrate pest animal control--prescribed government 8
agencies 9
Omit clause 32 (c). Insert instead: 10
(c) Local Land Services, 11
[2] Clause 126 Non-commercial transportation of prohibited firearms and 12
pistols--prescribed safety requirements 13
Omit "a rural lands protection board" from clause 126 (2) (c). 14
Insert instead "Local Land Services". 15
7.17 Fisheries Management Act 1994 No 38 16
[1] Section 220B Definitions 17
Omit the definition of catchment action plan or CAP from section 220B (1). 18
Insert in alphabetical order: 19
local strategic plan means a local strategic plan approved under 20
Part 4 of the Local Land Services Act 2013. 21
[2] Section 220ZFA Further defences 22
Omit section 220ZFA (2) (c). Insert instead: 23
(c) the control of pests under the Local Land Services Act 24
2013, 25
[3] Section 221ZF Native vegetation reform package 26
Omit section 221ZF (c). Insert instead: 27
(c) local strategic plans under the Local Land Services Act 28
2013, 29
[4] Section 221ZF (d) 30
Omit ", the Catchment Management Authorities Act 2003". 31
Page 121
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Schedule 7 Amendment of Acts and regulations
[5] Section 221ZG Biodiversity certification of native vegetation reform 1
package 2
Omit "catchment action plan" from section 221ZG (3). 3
Insert instead "local strategic plan". 4
[6] Section 221ZH Effect of biodiversity certification 5
Omit "the area of operations of each catchment management authority". 6
Insert instead "a region within the meaning of the Local Land Services Act 7
2013". 8
[7] Section 221ZI Suspension of certification in connection with 9
implementation of package 10
Omit "particular catchment management authority" from section 221ZI (1). 11
Insert instead "particular region within the meaning of the Local Land Services 12
Act 2013". 13
[8] Section 221ZI (1) 14
Omit "the catchment management authority". 15
Insert instead "Local Land Services". 16
[9] Section 221ZI (2) 17
Omit the subsection. Insert instead: 18
(2) During the suspension of biodiversity certification of the native 19
vegetation reform package in its application to a particular region 20
within the meaning of the Local Land Services Act 2013, land 21
within the region does not have the benefit of the biodiversity 22
certification of the native vegetation reform package. 23
7.18 Forestry Act 2012 No 96 24
[1] Section 38 Unlawful taking of timber etc 25
Omit "section 89 of the Rural Lands Protection Act 1998" from 26
section 38 (4) (e). 27
Insert instead "section 66 of the Local Land Services Act 2013". 28
[2] Section 48 Definitions 29
Omit paragraph (c) of the definition of landholder. Insert instead: 30
(c) in the case of land under the care, control and management 31
of Local Land Services--Local Land Services. 32
Page 122
Local Land Services Bill 2013
Amendment of Acts and regulations Schedule 7
[3] Section 48, definition of "prescribed land" 1
Omit "Rural Lands Protection Act 1998" from paragraph (c) of the definition. 2
Insert instead "Local Land Services Act 2013". 3
[4] Section 48, definition of "responsible authority" 4
Omit the definition. 5
[5] Sections 53 (2) and 54 (b) 6
Omit "a responsible authority" wherever occurring. 7
Insert instead "Local Land Services". 8
7.19 Forestry Regulation 2012 9
Clause 54 Delegation of certain functions 10
Omit clause 54 (b) (v). Insert instead: 11
(v) Local Land Services or a member of staff of Local Land 12
Services. 13
7.20 Game and Feral Animal Control Act 2002 No 64 14
[1] Section 8 Membership and procedure of Game Council 15
Omit "the State Management Council of Livestock Health and Pest 16
Authorities" from section 8 (2) (b). 17
Insert instead "Local Land Services". 18
[2] Section 9 Functions of Game Council 19
Omit "livestock health and pest authorities" from section 9 (1) (e). 20
Insert instead "Local Land Services". 21
[3] Section 10 Committee of Management of Game Council 22
Omit "the State Management Council of Livestock Health and Pest 23
Authorities" from section 10 (3) (c). 24
Insert instead "Local Land Services". 25
[4] Section 17 Exemptions from licensing 26
Omit "the Rural Lands Protection Act 1998" from section 17 (1) (d). 27
Insert instead "Local Land Services Act 2013". 28
Page 123
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Schedule 7 Amendment of Acts and regulations
[5] Section 17 (1) (f) 1
Omit "an employee of a livestock health and pest authority". 2
Insert instead "a member of staff of Local Land Services". 3
[6] Schedule 4 Savings, transitional and other provisions 4
Insert at the end of the Schedule with appropriate Part and clause numbers: 5
Part Provisions consequent on Local Land 6
Services Act 2013 7
Members of Game Council 8
A person who held office as a member of the Game Council 9
under section 8 (2) (b) as in force immediately before it was 10
amended by the Local Land Services Act 2013 is taken to have 11
been appointed under section 8 (2) (b) as amended by that Act. 12
Members of Committee of Management of Game Council 13
A person who held office as a member of the Committee of 14
Management of the Game Council under section 10 (3) (c) as in 15
force immediately before it was amended by the Local Land 16
Services Act 2013 is taken to have been appointed under section 17
10 (3) (c) as amended by that Act. 18
7.21 Gene Technology (GM Crop Moratorium) Act 2003 No 12 19
Section 9 Notification of making an order 20
Omit "the livestock health and pest authority for each district" from 21
section 9 (1A) (b) (ii). 22
Insert instead "Local Land Services". 23
7.22 Impounding Act 1993 No 31 24
[1] Sections 9 (2) (d) and 32 (3) (d) 25
Omit "as defined in Part 10 of the Rural Lands Protection Act 1998" and 26
"section 138" wherever occurring. 27
Insert instead "within the meaning of Part 8 of the Local Land Services Act 28
2013" and "section 115", respectively. 29
Page 124
Local Land Services Bill 2013
Amendment of Acts and regulations Schedule 7
[2] Section 11 Impounded animals to be delivered to pound 1
Omit "a livestock health and pest authority" and "the authority" wherever 2
occurring. 3
Insert instead "Local Land Services". 4
[3] Section 11 (4A) 5
Omit "for a district" and "the Chairperson of". 6
[4] Section 46 Permit not required to deliver stock to pound 7
Omit "the Rural Lands Protection Act 1998 for the purpose of having any 8
stock (as defined in Part 10 of that Act)". 9
Insert instead "the Local Land Services Act 2013 for the purpose of having any 10
stock (within the meaning of Part 8 of that Act)". 11
[5] Dictionary 12
Omit "a livestock health and pest authority, any place in the district of the 13
authority" from the definition of area of operations. 14
Insert instead "Local Land Services, any region". 15
[6] Dictionary, definition of "impounding authority" 16
Omit "a livestock health and pest authority". 17
Insert instead "Local Land Services". 18
7.23 Lake Illawarra Authority Act 1987 No 285 19
[1] Section 6 The Authority 20
Omit section 6 (4) (b3). Insert instead: 21
(b3) 1 member is to be the chair of the local board (within the 22
meaning of the Local Land Services Act 2013) whose 23
region includes Lake Illawarra, 24
[2] Section 6 (8) and (9) 25
Insert after section 6 (7): 26
(8) For the purposes of subsection (4) (b3), if parts of two or more 27
regions include Lake Illawarra, the Chair of the local board for 28
the region that has the greater part that includes Lake Illawarra is 29
to be the member of the Authority. 30
(9) A member of the Authority who held office under 31
subsection (4) (b3) immediately before its substitution by the 32
Page 125
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Schedule 7 Amendment of Acts and regulations
Local Land Services Act 2013 ceases to hold office on that 1
substitution. Any such member is not entitled to any 2
remuneration or compensation because of that loss of office, but 3
is eligible (if otherwise qualified) to be appointed as a member of 4
the Authority under that paragraph as substituted. 5
7.24 Land and Environment Court Act 1979 No 204 6
Section 20 Class 4--environmental planning and protection and 7
development contract civil enforcement 8
Omit section 20 (1) (cn). Insert instead: 9
(cn) proceedings relating to elections for members of local 10
boards (including relating to enrolment) under regulations 11
made under the Local Land Services Act 2013, 12
7.25 Land Tax Management Act 1956 No 26 13
Section 10 Land exempted from tax 14
Omit "a livestock health and pest authority constituted under the Rural Lands 15
Protection Act 1998" from section 10 (1) (b). 16
Insert instead "Local Land Services". 17
7.26 Law Enforcement (Powers and Responsibilities) Act 2002 18
No 103 19
Schedule 2 Search warrants under other Acts 20
Omit "Rural Lands Protection Act 1998, section 196". 21
Insert in alphabetical order "Local Land Services Act 2013, section 178". 22
7.27 Local Court Act 2007 No 93 23
Section 43 Definitions 24
Omit paragraph (d) of the definition of public officer. Insert instead: 25
(d) a member of staff of Local Land Services, 26
7.28 Meat Industry Act 1978 No 54 27
[1] Section 59A Meat industry levy 28
Omit "Rural Lands Protection Act 1998" wherever occurring in 29
section 59A (1) and (2). 30
Insert instead "Local Land Services Act 2013". 31
Page 126
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Amendment of Acts and regulations Schedule 7
[2] Section 59A (4) 1
Insert "immediately before its repeal" after "Rural Lands Protection Act 2
1998". 3
[3] Section 59A (5) 4
Insert "immediately before its repeal" after "Rural Lands Protection Act 5
1998". 6
[4] Section 59J 7
Omit the section. Insert instead: 8
59J Collection of meat industry levies 9
(1) The Food Authority may enter into an agreement or arrangement 10
with Local Land Services for or with respect to the issue of 11
notices specifying the amount of a meat industry levy and the 12
undertaking by Local Land Services on behalf of the Food 13
Authority of the collection and recovery of meat industry levies. 14
(2) Without affecting the generality of subsection (1), an agreement 15
or arrangement referred to in subsection (1) may: 16
(a) provide for the deduction of commission by Local Land 17
Services, and 18
(b) authorise Local Land Services to take any action or 19
proceedings which could be taken by the Food Authority 20
to recover unpaid meat industry levies under this Act. 21
7.29 Meat Industry (Meat Industry Levy) Regulation 2006 22
[1] Clause 3 Definitions 23
Omit the definition of levy collection agency agreement from clause 3 (1). 24
Insert instead: 25
levy collection agency agreement means an agreement or 26
arrangement entered into by Local Land Services under which 27
Local Land Services acts as the Food Authority's agent for the 28
purposes of: 29
(a) issuing notices specifying the amount of levies, and 30
(b) undertaking responsibility for collecting and recovering 31
levies that occupiers or owners of rateable land within the 32
meaning of the Local Land Services Act 2013 owe to the 33
Food Authority. 34
Page 127
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Schedule 7 Amendment of Acts and regulations
[2] Clause 3 (1) 1
Insert in alphabetical order: 2
Local Land Services certificate means a certificate under 3
section 203 (Certificate as to rates, charges and other matters) of 4
the Local Land Services Act 2013. 5
[3] Clause 3 (1), definition of "relevant rural lands protection board" 6
Omit the definition. 7
[4] Clause 4 Calculation of levy 8
Omit "Rural Lands Protection Act 1998" from clause 4 (2). 9
Insert instead "Local Land Services Act 2013". 10
[5] Clause 6 Changes in occupancy or ownership of land 11
Omit clause 6 (2) (a). Insert instead: 12
(a) if the person has lodged similar notice with Local Land 13
Services in accordance with clause 24 of the Local Land 14
Services Regulation 2014, or 15
[6] Clause 7 Applications for certificates of levies due and payable 16
Omit "a certificate under section 236 of the Rural Lands Protection Act 1998" 17
from clause 7 (2). 18
Insert instead "a Local Land Services certificate". 19
[7] Clause 7 (3) (b) 20
Omit "a certificate under section 236 of the Rural Lands Protection Act 1998". 21
Insert instead "a Local Land Services certificate". 22
[8] Clause 7 (4) 23
Omit the subclause. Insert instead: 24
(4) The fee referred to in subclause (3) (b) is in addition to any fee 25
payable under the Local Land Services Act 2013 in relation to an 26
application for a Local Land Services certificate. 27
[9] Clause 8 Certificates of levies due and payable 28
Omit "a certificate under section 236 of the Rural Lands Protection Act 1998" 29
from clause 8 (2). 30
Insert instead "a Local Land Services certificate". 31
Page 128
Local Land Services Bill 2013
Amendment of Acts and regulations Schedule 7
[10] Clause 10 Overdue levies 1
Omit "section 202 of the Rural Lands Protection Act 1998" from 2
clause 10 (2) (a). 3
Insert instead "section 184 (Accrual of interest on overdue rates, charges and 4
other amounts) of the Local Land Services Act 2013". 5
[11] Clause 11 Levy books 6
Omit "the relevant rural lands protection board as part of a rate record kept 7
under the Rural Lands Protection Act 1998" from clause 11 (3). 8
Insert instead "Local Land Services as part of a rate record kept under the 9
Local Land Services Act 2013". 10
7.30 Mining Regulation 2010 11
Clause 61 Use of information and protected documents 12
Omit clause 61 (2) (a) and (d). Insert instead: 13
(a) Local Land Services, 14
7.31 National Parks and Wildlife Act 1974 No 80 15
[1] Section 5 Definitions 16
Omit the definition of livestock health and pest authority from section 5 (1). 17
[2] Sections 40 (2), 53 (2) and 139 (2) (n) 18
Omit "a livestock health and pest authority" wherever occurring. 19
Insert instead "Local Land Services". 20
[3] Section 118G Defences 21
Omit "noxious animals under the Rural Lands Protection Act 1998" from 22
section 118G (2) (c). 23
Insert instead "pests under the Local Land Services Act 2013". 24
[4] Section 141 Payment of rates to Local Land Services in Western Division 25
Omit section 141 (1). 26
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Schedule 7 Amendment of Acts and regulations
[5] Section 141 (2) 1
Omit the subsection. Insert instead: 2
(2) An amount is, subject to this section, payable to Local Land 3
Services equal to the amount that would have been payable to 4
Local Land Services under Part 5 (Rates, levies and 5
contributions) of the Local Land Services Act 2013 by way of 6
rates for any period, in respect of land reserved as national parks 7
or historic sites or dedicated as nature reserves or karst 8
conservation reserves, had the land been rateable land under that 9
Act at all relevant times after they were so reserved or dedicated. 10
[6] Clause 141 (4) 11
Omit "an authority". Insert instead "Local Land Services". 12
[7] Section 197 Evidentiary provisions etc 13
Omit "within the meaning of Part 11 of the Rural Lands Protection Act 1998" 14
from section 197 (10). 15
Insert instead "within the meaning of Part 10 of the Local Land Services Act 16
2013". 17
7.32 National Parks and Wildlife Regulation 2009 18
Clause 80C Consultation process to be undertaken before applying for 19
Aboriginal heritage impact permit 20
Omit clause 80C (2) (a) (vii). Insert instead: 21
(vii) Local Land Services, and 22
7.33 Native Vegetation Act 2003 No 103 23
[1] Section 4 Definitions 24
Omit the definition of catchment management authority from section 4 (1). 25
[2] Section 10 Meaning of protected regrowth 26
Omit "State-wide natural resource management standards and targets adopted 27
for the purposes of the Catchment Management Authorities Act 2003" from 28
section 10 (3). 29
Insert instead "State priorities for local land services within the meaning of the 30
Local Land Services Act 2013". 31
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[3] Section 11 Meaning of routine agricultural management activities 1
Omit "noxious animals under the Rural Lands Protection Act 1998" from 2
section 11 (1) (c). 3
Insert instead "pests under the Local Land Services Act 2013". 4
[4] Sections 14 (2) and 27 (2) 5
Omit "catchment action plans of catchment management authorities" 6
wherever occurring. 7
Insert instead "local strategic plans under the Local Land Services Act 2013". 8
[5] Section 27 Plans require Ministerial approval 9
Omit "a catchment management authority or other" from the note to 10
section 27 (1). 11
Insert instead "Local Land Services or another". 12
[6] Section 28 Content of plans 13
Omit "catchment management authorities" from section 28 (d). 14
Insert instead "Local Land Services". 15
[7] Section 48 Delegation of functions 16
Omit section 48 (3) (a). Insert instead: 17
(a) Local Land Services or any other government agency, or 18
7.34 Native Vegetation Regulation 2005 19
[1] Clause 3 Definitions 20
Insert "that, immediately before the repeal of the Catchment Management 21
Authorities Act 2003, was" before "in the area of operations" in the definition 22
of western coastal region in clause 3 (1). 23
[2] Clause 8 Draft PVPs 24
Omit "the relevant catchment management authority" from clause 8 (2). 25
Insert instead "Local Land Services". 26
[3] Clause 12 Information about PVPs and development consents 27
Omit "the catchment management authority in the area of operations" from 28
clause 12 (2). 29
Insert instead "Local Land Services in the region (within the meaning of the 30
Local Land Services Act 2013)". 31
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Schedule 7 Amendment of Acts and regulations
[4] Clause 12 (3) 1
Omit "A catchment management authority". 2
Insert instead "Local Land Services". 3
[5] Clause 13 Control of pest animals 4
Omit "Part 11 of the Rural Lands Protection Act 1998". 5
Insert instead "Part 10 of the Local Land Services Act 2013". 6
[6] Clause 16 Obtaining construction timber 7
Omit clause 16 (1) (a). Insert instead: 8
(a) 18 months after the clearing for land that, immediately 9
before the repeal of the Catchment Management 10
Authorities Act 2003, was in the area of operations of the 11
Western, Lower Murray-Darling, Border Rivers-Gwydir, 12
Namoi, Central West, Lachlan, Murrumbidgee or Murray 13
Catchment Management Authority, 14
[7] Clause 17 Clearing of feral native plant species 15
Omit "the catchment management authority in whose area of operations the 16
land or area is located" from clause 17 (2) (c). 17
Insert instead "Local Land Services". 18
[8] Clause 17 (5) 19
Omit the subclause. Insert instead: 20
(5) Local Land Services must publish on its website an up-to-date list 21
of the species of native vegetation that are listed for the time 22
being under this clause as feral species for land or an area in a 23
region (within the meaning of the Local Land Services Act 2013). 24
[9] Clause 18A Infrastructure works by councils 25
Omit "the catchment management authority (CMA) for the area of operations 26
in which the relevant areas are situated" from clause 18A (2) (d). 27
Insert instead "Local Land Services". 28
[10] Clause 18A (3) and (5) 29
Omit "the CMA" wherever occurring. Insert instead "Local Land Services". 30
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Amendment of Acts and regulations Schedule 7
[11] Clause 20 Infrastructure buffer distances 1
Insert "on land that, immediately before the repeal of the Catchment 2
Management Authorities Act 2003, was" before "in the area of operations" in 3
clause 20 (2). 4
[12] Clause 20 (3) 5
Insert "on land that, immediately before the repeal of the Catchment 6
Management Authorities Act 2003, was" before "in the area of operations". 7
[13] Clause 28 Special provisions for long term environmental benefits 8
Omit "area of operations of the catchment management authority" from 9
clause 28 (3) (b). 10
Insert instead "region (within the meaning of the Local Land Services Act 11
2013)". 12
[14] Section 32 Limitation of RAMAs on protected riparian land 13
Omit "Part 11 of the Rural Lands Protection Act 1998" from clause 32 (f). 14
Insert instead "Part 10 of the Local Land Services Act 2013". 15
7.35 Natural Resources Commission Act 2003 No 102 16
[1] Section 4 Definitions 17
Omit the definition of catchment management authority from section 4 (1). 18
[2] Section 13 Specific functions 19
Omit section 13 (1) (b). 20
[3] Section 15 Reports 21
Omit "catchment action plans" from section 15 (2) (b). 22
Insert instead "local strategic plans under the Local Land Services Act 2013". 23
7.36 Non-Indigenous Animals Act 1987 No 166 24
[1] Section 4 Application of Act 25
Omit "Rural Lands Protection Act 1998." from section 4 (2). 26
Insert in alphabetical order "Local Land Services Act 2013.". 27
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[2] Section 7 The advisory committee 1
Omit section 7 (4) (e). Insert instead: 2
(e) one shall be a member of a local board nominated by Local 3
Land Services, 4
[3] Schedule 3 Savings and transitional provisions 5
Insert at the end of the Schedule: 6
3 Members of Non-Indigenous Animals Advisory Committee 7
A person who held office as a member of the Non-Indigenous 8
Animals Advisory Committee under section 7 (4) (e) as in force 9
immediately before it was substituted by the Local Land Services 10
Act 2013 is taken to have been appointed under section 7 (4) (e) 11
as substituted by that Act. 12
7.37 Non-Indigenous Animals Regulation 2012 13
[1] Clause 42 Importation of certain animals without the authority of a permit 14
Omit "Part 10A of the Rural Lands Protection Act 1998" from 15
clause 42 (b) (i). 16
Insert instead "Part 9 of the Local Land Services Act 2013". 17
[2] Clause 47 Movement or transportation of certain category 3b animals 18
without the authority of a permit 19
Omit "Part 10A of the Rural Lands Protection Act 1998" from clause 47 (a). 20
Insert instead "Part 9 of the Local Land Services Act 2013". 21
7.38 Noxious Weeds Act 1993 No 11 22
Dictionary 23
Omit paragraph (d) of the definition of occupier of land. Insert instead: 24
(d) if the land consists of a road, street, stock route or reserve 25
under the control of Local Land Services, Local Land 26
Services, or 27
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Amendment of Acts and regulations Schedule 7
7.39 Poisons and Therapeutic Goods Act 1966 No 31 1
Section 5 Exemption from operation of Act 2
Omit section 5 (1). Insert instead: 3
(1) The Minister may from time to time, by order published in the 4
Gazette, exempt a council within the meaning of the Local 5
Government Act 1993 specified in the order or Local Land 6
Services from all of the provisions of this Act or from such of 7
those provisions as may be specified in the order. 8
7.40 Prevention of Cruelty to Animals Act 1979 No 200 9
[1] Section 8 Animals to be provided with food, drink or shelter 10
Omit section 8 (4). Insert instead: 11
(4) Before commencing proceedings for an offence against 12
subsection (1) in respect of a stock animal depastured on rateable 13
land (within the meaning of the Local Land Services Act 2013), 14
the prosecution must obtain advice from Local Land Services and 15
the Department about the state of the animal (if practicable) and 16
the appropriate care for it. 17
[2] Section 24O Application and interpretation 18
Omit "Rural Lands Protection Act 1998" from section 24O (1). 19
Insert instead "Local Land Services Act 2013". 20
[3] Section 24T Stock Welfare Panels 21
Omit "a livestock health and pest authority" from section 24T (1) (c). 22
Insert instead "Local Land Services". 23
[4] Section 29C Court may make order regarding care of animals 24
Omit "a livestock health and pest authority" from section 29C (3) (a). 25
Insert instead "Local Land Services". 26
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Schedule 7 Amendment of Acts and regulations
[5] Schedule 2 Savings and transitional provisions 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provision consequent on enactment of 3
Local Land Services Act 2013 4
Members of Stock Welfare Panels 5
A person who held office as a member of a Stock Welfare Panel 6
under section 24T (1) (c) as in force immediately before it was 7
amended by the Local Land Services Act 2013 is taken to have 8
been appointed under section 24T (1) (c) as amended by that Act. 9
7.41 Protection of the Environment Operations (Hunter River 10
Salinity Trading Scheme) Regulation 2002 11
[1] Clause 70 Appointment of Operations Committee 12
Omit clause 70 (2) (a). Insert instead: 13
(a) 1 person nominated by Local Land Services, 14
[2] Clause 70 (7) 15
Insert after clause 70 (6): 16
(7) A person who held office as a member of the Operations 17
Committee under subclause (2) (a) as in force immediately before 18
it was substituted by the Local Land Services Act 2013 is taken to 19
have been appointed under that subclause as substituted by that 20
Act. 21
7.42 Public Finance and Audit Act 1983 No 152 22
Schedule 2 Statutory bodies 23
Omit "A catchment management authority under the Catchment Management 24
Authorities Act 2003" and "State Management Council of Livestock Health 25
and Pest Authorities constituted under the Rural Lands Protection Act 1998". 26
Insert in alphabetical order "Local Land Services". 27
Page 136
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Amendment of Acts and regulations Schedule 7
7.43 Public Sector Employment and Management Act 2002 No 43 1
Schedule 1 Divisions of the Government Service 2
Omit the matter relating to the Livestock Health and Pest Authorities Division 3
and the State Management Council of Livestock Health and Pest Authorities 4
Division and their Division Heads from Part 2. 5
Insert instead: 6
Local Land Services Division Chair of the Board of Chairs within the
meaning of the Local Land Services Act
2013 (and the Director-General of the
Department of Trade and Investment,
Regional Infrastructure and Services, in
relation to the Chair of the Board of
Chairs)
7.44 Roads Act 1993 No 33 7
[1] Section 133 Construction of by-pass around road gate 8
Omit "the local livestock health and pest authority" from section 133 (2) (b). 9
Insert instead "Local Land Services". 10
[2] Dictionary 11
Omit "a livestock health and pest authority" from paragraph (c) of the 12
definition of unoccupied Crown land. 13
Insert instead "Local Land Services". 14
7.45 Rural Fires Regulation 2008 15
Clause 14 Eligibility for membership of Bush Fire Management 16
Committees 17
Omit clause 14 (b) (vi). Insert instead: 18
(vi) Local Land Services, 19
7.46 Snowy Hydro Corporatisation Act 1997 No 99 20
[1] Section 57 Snowy Scientific Committee 21
Omit section 57 (6) (c). Insert instead: 22
(c) one is to be nominated by Local Land Services, and 23
Page 137
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Schedule 7 Amendment of Acts and regulations
[2] Schedule 4 Savings, transitional and other provisions 1
Insert after clause 4: 2
Part 3 Provisions consequent on enactment of 3
Local Land Services Act 2013 4
5 Member of Snowy Scientific Committee 5
(1) A person who was a member of the Snowy Scientific Committee 6
under section 57 (6) (c) as in force immediately before it was 7
substituted by the Local Land Services Act 2013 ceases to hold 8
office as such a member on that substitution (but is eligible if 9
otherwise qualified) to be appointed under that paragraph as 10
substituted. 11
(2) The person is not entitled to any remuneration or compensation 12
because of the loss of office. 13
7.47 Stock (Chemical Residues) Regulation 2010 14
Clause 5 Reporting if test indicates stock are chemically affected 15
Omit "the livestock health and pest district under the Rural Lands Protection 16
Act 1998" from clause 5 (2) (f). 17
Insert instead "the region under the Local Land Services Act 2013". 18
7.48 Stock Diseases Act 1923 No 34 19
[1] Section 3 Definitions 20
Omit "section 76 of the Rural Lands Protection Act 1998" from the definition 21
of Holding in section 3 (1). 22
Insert instead "section 58 of the Local Land Services Act 2013". 23
[2] Section 9 Occupier etc to give notice 24
Omit section 9 (3) (a). Insert instead: 25
(a) Local Land Services, or 26
[3] Section 9 (3A) 27
Omit the subsection. Insert instead: 28
(3A) If stock are on land which forms part of a holding (within the 29
meaning of the Local Land Services Act 2013) and the holding is 30
situated in 2 or more regions (within the meaning of that Act) the 31
land is taken, for the purposes of subsection (3), to be: 32
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Amendment of Acts and regulations Schedule 7
(a) in the region in which the greater part of the holding lies, or 1
(b) if the holding lies equally in each of the regions, in the 2
region in which the main residence of the occupier of the 3
holding is situated. 4
[4] Sections 15A (definition of "travelling stock reserve"), 20C (2) (c) and (4) 5
Omit "Rural Lands Protection Act 1998" wherever occurring. 6
Insert instead "Local Land Services Act 2013". 7
[5] Section 15C Effect of closure orders 8
Omit "walking stock permits, grazing permits, stock licences and stock 9
holding authorities" from section 15C (1). 10
Insert instead "stock permits and reserve use permits". 11
[6] Section 15C (2) 12
Omit the subsection. Insert instead: 13
(2) In this section, stock permit and reserve use permit have the 14
same meanings as in the Local Land Services Act 2013. 15
[7] Section 23 Regulations 16
Omit "a livestock health and pest authority constituted under the Rural Lands 17
Protection Act 1998" from section 23 (4). 18
Insert instead "Local Land Services". 19
7.49 Stock Diseases Regulation 2009 20
[1] Part 3 Identification and tracing of stock 21
Omit the note to Part 3. Insert instead: 22
Note. Local Land Services may charge and recover a fee under 23
section 22 of the Local Land Services Act 2013 for services it provides 24
under this Part. 25
[2] Clause 13 Definitions 26
Omit the definition of district registrar. Insert instead: 27
district registrar, in relation to land within a stock identification 28
district wholly or partly within a local land services region, 29
means: 30
(a) any person appointed by Local Land Services to exercise 31
any or all of the functions of the district registrar for the 32
local land services region, and 33
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Schedule 7 Amendment of Acts and regulations
(b) if the Director-General has appointed a person to exercise 1
any or all of the functions of the district registrar of the 2
local land services region--that person. 3
[3] Clause 13 4
Omit the definitions of livestock health and pest authority and livestock 5
health and pest district. 6
Insert instead: 7
local land services region means a region within the meaning of 8
the Local Land Services Act 2013. 9
[4] Clauses 13 (definition of "property"), 38 (1) (b), 41 (k) and 42 (1) (a) (iv) 10
Omit "Rural Lands Protection Act 1998" wherever occurring. 11
Insert instead "Local Land Services Act 2013". 12
[5] Clause 13, definition of "State Council" 13
Omit the definition. 14
[6] Clause 43 Central register 15
Omit clause 43 (6) and (7). Insert instead: 16
(6) Contributions for the purposes of maintaining the central register 17
are payable by Local Land Services in such amounts, and at such 18
times, as may be agreed between the Director-General and Local 19
Land Services or, in the absence of such agreement, as may be 20
determined by the Minister. 21
(7) The contributions are to be paid to the Director-General out of the 22
money paid to Local Land Services as rates under the Local Land 23
Services Act 2013 and out of money collected under this Part. 24
7.50 Summary Offences Act 1988 No 25 25
Section 28J Offence of hunting on private land 26
Omit "Rural Lands Protection Act 1998" wherever occurring in 27
section 28J (1) and (3) (c). 28
Insert instead "Local Land Services Act 2013". 29
Page 140
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Amendment of Acts and regulations Schedule 7
7.51 Threatened Species Conservation Act 1995 No 101 1
[1] Section 4 Definitions 2
Omit the definition of catchment action plan or CAP from section 4 (1). 3
Insert in alphabetical order: 4
local strategic plan means a local strategic plan approved under 5
Part 4 of the Local Land Services Act 2013. 6
[2] Section 126B Native vegetation reform package 7
Omit section 126B (c). Insert instead: 8
(c) local strategic plans under the Local Land Services Act 9
2013, 10
[3] Section 126B (d) 11
Omit ", the Catchment Management Authorities Act 2003". 12
[4] Section 126C Biodiversity certification of native vegetation reform 13
package 14
Omit "catchment action plan" from section 126C (3). 15
Insert instead "local strategic plan under the Local Land Services Act 2013". 16
[5] Section 126D Effect of biodiversity certification 17
Omit "the area of operations of each catchment management authority". 18
Insert instead "a region (within the meaning of the Local Land Services Act 19
2013)". 20
[6] Section 126E Suspension of certification in connection with 21
implementation of package 22
Omit "to a particular catchment management authority if the Minister is of the 23
opinion that the catchment management authority" from section 126E (1). 24
Insert instead "to a particular region (within the meaning of the Local Land 25
Services Act 2013) if the Minister is of the opinion that Local Land Services". 26
[7] Section 126E (2) 27
Omit "to a particular catchment management authority, land within the area of 28
operations of the catchment management authority". 29
Insert instead "to a particular region (within the meaning of the Local Land 30
Services Act 2013), land within that region". 31
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Schedule 7 Amendment of Acts and regulations
7.52 Veterinary Practice Regulation 2006 1
[1] Clause 23 Exemption of persons from the operation of section 9 of the 2
Act 3
Omit "a rural lands protection board" from clause 23 (1) (a). 4
Insert instead "Local Land Services". 5
[2] Clause 23 (2) and (3) 6
Omit clause 23 (2). Insert instead: 7
(2) For the purposes of section 102 (1) (f) of the Act, a person 8
employed as a ranger by the Crown in the Local Land Services 9
Division of the Government Service who is acting as permitted 10
by, and in accordance with, guidelines, or any other written 11
instrument, issued by Local Land Services is exempt from 12
section 9 of the Act. 13
(3) For the purposes of subclause (2), any relevant guidelines or 14
other written instruments issued by the State Council of Rural 15
Lands Protection Boards and in force immediately before that 16
Council's abolition by the Local Land Services Act 2013 are 17
taken to be guidelines or instruments issued by Local Land 18
Services. 19
7.53 Water Management Act 2000 No 92 20
[1] Sections 8C (1) and 8D (1) 21
Omit "a catchment management authority or other" wherever occurring. 22
Insert instead "Local Land Services or another". 23
[2] Section 13 Membership of committee 24
Omit section 13 (1) (d). Insert instead: 25
(d) at least one is to be a person nominated by Local Land 26
Services, and 27
[3] Section 18 Matters for consideration 28
Omit "catchment action plan under the Catchment Management Authorities 29
Act 2003" from section 18 (1A). 30
Insert instead "local strategic plan under the Local Land Services Act 2013". 31
Page 142
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Amendment of Acts and regulations Schedule 7
[4] Section 36 Notification of certain persons and bodies 1
Omit section 36 (2) (b). Insert instead: 2
(b) Local Land Services, 3
[5] Section 43A Extension of duration of management plan dealing with 4
water sharing 5
Omit "the relevant State-wide natural resource management standards and 6
targets in the relevant catchment management area (as referred to in section 5 7
of the Catchment Management Authorities Act 2003)" from 8
section 43A (3) (a). 9
Insert instead "the State priorities for local land services (within the meaning 10
of the Local Land Services Act 2013) that relate to natural resource 11
management". 12
[6] Section 254 Definitions 13
Omit the definition of Hunter-Central Rivers Catchment Management 14
Authority. 15
[7] Sections 258 (2), 259 (1) and (2), 260 (2) (b), 261 (1) (b) and (3), 267 (2) and 16
268 (a) 17
Omit "the Hunter-Central Rivers Catchment Management Authority" and 18
"The Hunter-Central Rivers Catchment Management Authority" wherever 19
occurring. 20
Insert instead "Local Land Services". 21
[8] Section 262 Annual contribution to works program by Local Land 22
Services 23
Omit "The Hunter-Central Rivers Catchment Management Authority" and 24
"the Hunter-Central Rivers Catchment Management Authority" wherever 25
occurring in section 262 (1) and (2). 26
Insert instead "Local Land Services". 27
[9] Sections 262 (2) (b) 28
Omit "the Authority". Insert instead "Local Land Services". 29
[10] Section 263 Consultation with Local Land Services as to works program 30
Omit "the Hunter-Central Rivers Catchment Management Authority" 31
wherever occurring in section 263 (1) and (3) (c). 32
Insert instead "Local Land Services". 33
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Schedule 7 Amendment of Acts and regulations
[11] Section 289 Area of operations 1
Omit section 289 (4) (b). Insert instead: 2
(b) the function is exercised by Local Land Services under the 3
Local Land Services Act 2013, or 4
[12] Section 387A Water Innovation Council 5
Omit "catchment management authorities" from section 387A (3). 6
Insert instead "Local Land Services". 7
[13] Section 389A Conferral of water management functions on Local Land 8
Services 9
Omit "a catchment management authority" and "A catchment management 10
authority" wherever occurring in section 389A (1) and (2). 11
Insert instead "Local Land Services". 12
[14] Section 392 State's water rights 13
Omit "Rural Lands Protection Act 1989" from section 392 (4) (c). 14
Insert instead "Local Land Services Act 2013". 15
[15] Schedule 9 Savings, transitional and other provisions 16
Insert at the end of the Schedule with appropriate Part and clause numbers: 17
Part Provision consequent on Local Land 18
Services Act 2013 19
Members of management committees 20
A person who held office as a member of a management 21
committee under section 13 (1) (d) as in force immediately before 22
it was substituted by the Local Land Services Act 2013 is taken to 23
have been appointed under section 13 (1) (d) as substituted by 24
that Act. 25
[16] Dictionary 26
Omit the definition of catchment management authority. 27
Insert in alphabetical order: 28
Local Land Services means the body corporate with that name 29
established under the Local Land Services Act 2013. 30
Page 144
Local Land Services Bill 2013
Amendment of Acts and regulations Schedule 7
7.54 Water Management (General) Regulation 2011 1
Clause 104 Hunter Valley flood mitigation works--statement of 2
particulars 3
Omit "the Hunter-Central Rivers Catchment Management Authority" from 4
clause 104 (i). 5
Insert instead "Local Land Services". 6
7.55 Western Lands Act 1901 No 70 7
Section 18DA Cultivation of certain land 8
Omit "Rural Lands Protection Act 1998" from the definition of occupier in 9
section 18DA (2). 10
Insert instead "Local Land Services Act 2013". 11
7.56 Western Lands Regulation 2011 12
[1] Clause 17 Land for which consent to cultivation is required: section 13
18DA 14
Omit "Rural Lands Protection Act 1998" from clause 17 (1) (d). 15
Insert instead "Local Land Services Act 2013". 16
[2] Clause 20 Local land board hearings--local land services appeals 17
Omit "section 242 of the Rural Lands Protection Act 1998". 18
Insert instead "section 207 of the Local Land Services Act 2013". 19
[3] Schedule 3 Circumstances in which consent to cultivation is not 20
required 21
Insert "Local Land Services or" before "a reserve trust" in item 9. 22
[4] Schedule 3, item 9 23
Omit ", livestock health and pest authority". 24
7.57 Wild Dog Destruction Act 1921 No 17 25
[1] Section 3A The Wild Dog Destruction Board 26
Omit section 3A (5) (a) and (b). Insert instead: 27
(a) 3 are to be appointed on the nomination of Local Land 28
Services, 29
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Schedule 7 Amendment of Acts and regulations
[2] Section 3A (8) 1
Omit the subsection. Insert instead: 2
(8) If the association or council specified in subsection (5) (d) or (e) 3
is dissolved or ceases to exist (or any body which has in 4
accordance with the provisions of this subsection been 5
substituted for any such association or council ceases to exist): 6
(a) the Minister may, by notice published in the Gazette, 7
declare that some other body specified in the notice (being 8
a body which, in the opinion of the Minister, has similar 9
objects or represents similar interests to those of or 10
represented by the association, council or body for which 11
it is being substituted) is to be substituted for the 12
association, council or body concerned, and 13
(b) subsection (5) is to be taken to have been amended by 14
deleting the name of the association, council or body and 15
by inserting instead the name of the body so substituted. 16
[3] Section 3B Power of the Minister in default of nomination 17
Omit "livestock health and pest authority" and "such authority" wherever 18
occurring. 19
Insert instead "statutory corporation" and "such statutory corporation", 20
respectively. 21
[4] Section 3D Casual vacancy 22
Omit "rural lands protection board" and "such board" wherever occurring. 23
Insert instead "statutory corporation" and "such statutory corporation" 24
respectively. 25
[5] Schedule 1 Savings and transitional provisions 26
Insert after clause 1: 27
Part 2 Provision consequent on enactment of 28
Local Land Services Act 2013 29
2 Members of Wild Dog Destruction Board 30
A person who held office as a member of the Wild Dog 31
Destruction Board under section 3A (5) (a) or (b) as in force 32
immediately before those provisions were repealed by the Local 33
Land Services Act 2013 is taken to have been appointed under 34
section 3A (5) (a) as inserted by that Act. 35
Page 146
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Amendment of water sharing plans Schedule 8
Schedule 8 Amendment of water sharing plans 1
8.1 General amendments 2
[1] Amendments relating to natural resource management standards and 3
targets 4
Each water sharing plan specified in Column 1 of the following Table of 5
amendments is amended: 6
(a) by omitting "the relevant natural resource management standards and 7
targets in the catchment management area (as referred to in section 5 of 8
the Catchment Management Authorities Act 2003)" and "the catchment 9
management area" wherever occurring in the provision of the plan 10
concerned specified in Column 2 of the Table, and 11
(b) by inserting instead "the State priorities for local land services relevant 12
to natural resource management (as referred to in the Local Land 13
Services Act 2013)" and "the Local Land Services region", respectively. 14
Table of amendments 15
Column 1 Column 2
Water Sharing Plan for the Adelong Creek Water Source Clause 72, note
2003
Water Sharing Plan for the Alstonville Plateau Clause 53, note
Groundwater Sources 2003
Water Sharing Plan for the Apsley River Water Source Clause 73, note
2003
Water Sharing Plan for the Bellinger River Area Clause 81, note
Unregulated and Alluvial Water Sources 2008
Water Sharing Plan for the Castlereagh River above Clause 72, note
Binnaway Water Source 2003
Water Sharing Plan for the Commissioners Waters Clause 73, note
Water Source 2003
Water Sharing Plan for the Coopers Creek Water Source Clause 75, note
2003
Water Sharing Plan for the Dorrigo Plateau Surface Clause 85, note
Water Source and Dorrigo Basalt Groundwater Source
2003
Water Sharing Plan for the Gwydir Regulated River Clause 64, note
Water Source 2002
Water Sharing Plan for the Hunter Regulated River Clause 66, note
Water Source 2003
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Column 1 Column 2
Water Sharing Plan for the Jilliby Jilliby Creek Water Clause 70, note
Source 2003
Water Sharing Plan for the Kangaroo River Water Clause 73, note
Source 2003
Water Sharing Plan for the Karuah River Water Source Clause 73, note
2003
Water Sharing Plan for the Kulnura Mangrove Mountain Clause 54, note
Groundwater Sources 2003
Water Sharing Plan for the Lachlan Regulated River Clause 66, note
Water Source 2003
Water Sharing Plan for the Lower Gwydir Groundwater Clause 54, note
Source 2003
Water Sharing Plan for the Lower Lachlan Groundwater Clause 54, note
Source 2003
Water Sharing Plan for the Lower Macquarie Clause 54, note
Groundwater Sources 2003
Water Sharing Plan for the Lower Murray Groundwater Clause 58, note
Source
Water Sharing Plan for the Lower Murrumbidgee Clause 53, note
Groundwater Sources 2003
Water Sharing Plan for the Macquarie and Cudgegong Clause 65, note
Regulated Rivers Water Source 2003
Water Sharing Plan for the Mandagery Creek Water Clause 71, note
Source 2003
Water Sharing Plan for the Murrumbidgee Regulated Clause 70, note
River Water Source 2003
Water Sharing Plan for the New South Wales Murray Clause 64, note
and Lower Darling Regulated Rivers Water Sources
2003
Water Sharing Plan for the Ourimbah Creek Water Clause 70, note
Source 2003
Water Sharing Plan for the Paterson Regulated River Clause 59, note
Water Source 2007
Water Sharing Plan for the Phillips Creek, Mooki River, Clause 70, note
Quirindi Creek and Warrah Creek Water Sources 2003
Water Sharing Plan for the Rocky Creek, Cobbadah, Clause 71, note
Upper Horton and Lower Horton Water Source 2003
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Amendment of water sharing plans Schedule 8
Column 1 Column 2
Water Sharing Plan for the Stuarts Point Groundwater Clause 53, note
Source 2003
Water Sharing Plan for the Tarcutta Creek Water Source Clause 72, note
2003
Water Sharing Plan for the Tenterfield Creek Water Clause 71, note
Source 2003
Water Sharing Plan for the Tomago Tomaree Stockton Clause 51, note
Groundwater Sources 2003
Water Sharing Plan for the Toorumbee Creek Water Clause 63, note
Source 2003
Water Sharing Plan for the Upper and Lower Namoi Clause 54, note
Groundwater Sources 2003
Water Sharing Plan for the Upper Billabong Water Clause 70, note
Source 2003
Water Sharing Plan for the Upper Brunswick River Clause 74, note
Water Source 2003
Water Sharing Plan for the Upper Namoi and Lower Clause 66, note
Namoi Regulated River Water Sources 2003
Water Sharing Plan for the Wandella Creek Water Clause 72, note
Source 2003
Water Sharing Plan for the Wybong Creek Water Source Clause 74, note
2003
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Schedule 8 Amendment of water sharing plans
[2] Amendments relating to abolition of catchment management authorities 1
Each water sharing plan specified in Column 1 of the following Table of 2
amendments is amended: 3
(a) by omitting "the relevant Catchment Management Authority", "or 4
Catchment Management Authority", "the relevant catchment 5
management authority", "a catchment management authority or other" 6
and "the Catchment Management Board" wherever occurring in the 7
provision (including headings and notes) of the plan concerned 8
specified in Column 2 of the Table, and 9
(b) by inserting instead "Local Land Services", "or Local Land Services", 10
"Local Land Services", "Local Land Services or another" and "Local 11
Land Services", respectively. 12
Table of amendments 13
Column 1 Column 2
Water Sharing Plan for the Alstonville Plateau Clause 18 (3)
Groundwater Sources 2003
Water Sharing Plan for the Castlereagh River Clause 76 (2)
above Binnaway Water Source 2003
Water Sharing Plan for the Central Coast Clause 75 (4) (a)
Unregulated Water Sources 2009
Water Sharing Plan for the Commissioners Clause 76 (2)
Waters Water Source 2003
Water Sharing Plan for the Coopers Creek Clause 24 (4) and (5)
Water Source 2003
Water Sharing Plan for the Dorrigo Plateau Clause 88 (2)
Surface Water Source and Dorrigo Basalt
Groundwater Source 2003
Water Sharing Plan for the Greater Clause 78 (b) (i)
Metropolitan Region Unregulated River Water
Sources 2011
Water Sharing Plan for the Hunter Unregulated Clauses 54 (6), 87 (3) and 88 (4) (a)
and Alluvial Water Sources 2009
Water Sharing Plan for the Jilliby Jilliby Creek Clause 73 (2)
Water Source 2003
Water Sharing Plan for the Kangaroo River Clause 76 (2)
Water Source 2003
Water Sharing Plan for the Karuah River Water Clause 76 (2)
Source 2003
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Column 1 Column 2
Water Sharing Plan for the Lower Gwydir Clause 20 (4)
Groundwater Source 2003
Water Sharing Plan for the Lower Lachlan Clause 20 (4)
Groundwater Source 2003
Water Sharing Plan for the Lower Macquarie Clause 20 (4)
Groundwater Sources 2003
Water Sharing Plan for the Lower Murray Clause 19 (4)
Groundwater Source
Water Sharing Plan for the Lower Clause 20 (4)
Murrumbidgee Groundwater Sources 2003
Water Sharing Plan for the Lower North Coast Clauses 86 (5) (a), 87 (3) (a) and
Unregulated and Alluvial Water Sources 2009 88 (4) (a)
Water Sharing Plan for the Mandagery Creek Clause 75 (2)
Water Source 2003
Water Sharing Plan for the Ourimbah Creek Clause 73 (2)
Water Source 2003
Water Sharing Plan for the Paterson Regulated Clause 15 (4) and (5)
River Water Source 2007
Water Sharing Plan for the Phillips Creek, Clauses 72 (5) (a) and 73 (2)
Mooki River, Quirindi Creek and Warrah Creek
Water Sources 2003
Water Sharing Plan for the Rocky Creek, Clause 74 (2)
Cobbadah, Upper Horton and Lower Horton
Water Source 2003
Water Sharing Plan for the Tarcutta Creek Clause 75 (2)
Water Source 2003
Water Sharing Plan for the Tenterfield Creek Clause 74 (2)
Water Source 2003
Water Sharing Plan for the Upper and Lower Clause 20 (4)
Namoi Groundwater Sources 2003
Water Sharing Plan for the Upper Billabong Clause 73 (2)
Water Source 2003
Water Sharing Plan for the Wandella Creek Clause 75 (2)
Water Source 2003
Water Sharing Plan for the Wybong Creek Clause 77 (2)
Water Source 2003
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Schedule 8 Amendment of water sharing plans
8.2 Amendment of Water Sharing Plan for the Bega and Brogo 1
Rivers Area Regulated, Unregulated and Alluvial Water 2
Sources 2011 3
Clause 32 Operational rules for Cochrane Dam 4
Omit "South East Livestock Pest and Health Authority district" from 5
clause 32 (2) (b). 6
Insert instead "South East region (within the meaning of the Local Land 7
Services Act 2013)". 8
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Schedule 9 Local Land Services Regulation 2014 1
Part 1 Preliminary 2
1 Name of Regulation 3
This Regulation is the Local Land Services Regulation 2014. 4
2 Commencement 5
This Regulation commences on 1 January 2014. 6
3 Interpretation 7
(1) In this Regulation: 8
district has the meaning it had in the repealed Act immediately before 9
its repeal on 1 January 2014. 10
intensive livestock production means the keeping or nurturing of stock 11
for commercial purposes wholly or substantially by routinely feeding 12
them prepared or manufactured feed (except temporary feeding during, 13
and as a result of, drought, fire, flood or similar emergency). 14
notional carrying capacity, in relation to land, means the number of 15
stock that Local Land Services has assessed in accordance with 16
Division 4 of Part 2 could be maintained on the land. 17
occupier of land means the person entitled to immediate possession of 18
the land but, if the person so entitled does not reside on the land, does 19
not include the resident manager or other person in charge of the land. 20
repealed Act means the Rural Lands Protection Act 1998. 21
required travelling rate means the rate of travel required by 22
clause 74 (1). 23
small stock means stock other than large stock. 24
Note. Large stock is defined in the Dictionary to the Act. 25
stock warning sign has the same meaning as it has in Part 5. 26
the Act means the Local Land Services Act 2013. 27
(2) Stock units 28
For the purposes of this Regulation (other than clause 17 (Assessment 29
of notional carrying capacity)): 30
(a) a sheep that is at least 6 months old represents 1 stock unit, and 31
(b) a goat that is at least 6 months old represents 1 stock unit, and 32
(c) a deer that is at least 6 months old represents 1 stock unit, and 33
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(d) a bull, cow, ox, heifer, steer, calf or buffalo that is at least 1
6 months old represents 10 stock units, and 2
(e) a horse that is at least 6 months old represents 10 stock units, and 3
(f) a camel that is at least 6 months old represents 10 stock units, and 4
(g) an alpaca that is at least 6 months old represents 1 stock unit, and 5
(h) a llama that is at least 6 months old represents 1 stock unit, and 6
(i) a pig of any age represents 1 stock unit, and 7
(j) an ostrich that is at least 6 months old represents 1 stock unit, and 8
(k) an emu that is at least 6 months old represents 1 stock unit. 9
(3) Treatment of certain holdings as single holdings 10
Local Land Services must, if requested to do so by a person who is the 11
occupier of 2 or more holdings within a district that are not contiguous, 12
treat the holdings as a single holding for the purposes of determining 13
liability to pay a rate under Part 2 of this Regulation. 14
(4) Notes included in this Regulation do not form part of this Regulation. 15
Part 2 Rates 16
Division 1 Preliminary 17
4 Rateable land 18
For the purposes of section 56 (b) of the Act, land within a region is 19
rateable land if, immediately before the commencement of this 20
Regulation, it was land within a district that was rateable land for the 21
purposes of the repealed Act. 22
Note. To determine what is rateable land under this clause, see clause 6 of, and 23
Schedule 3 to, the Rural Lands Protection Regulation 2010 as in force 24
immediately before the repeal of that Regulation on 1 January 2014. 25
To determine whether a holding is within a region, see section 55 of the Act. 26
5 What are the types of rate? 27
For the purposes of section 57 of the Act, the following types of rate can 28
be made by Local Land Services: 29
(a) a general rate, 30
(b) an animal health rate, 31
(c) special purpose rates. 32
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Division 2 Making and levying rates 1
6 Making of rates 2
(1) Local Land Services is to make and levy the following rates for each 3
year: 4
(a) a general rate on all rateable land, 5
(b) an animal health rate. 6
The rates may be made in the previous year but must be made by 7
31 March of the year to which they relate. 8
Note. Under clause 25, the Minister may extend the time within which the rates 9
may be made. 10
(2) Local Land Services may make and levy one or more special purpose 11
rates for any year on any land within a district if Local Land Services 12
considers it is necessary to do so. 13
(3) A general rate, or a special purpose rate (if any), for rateable land is to 14
consist of: 15
(a) a base amount for each holding of rateable land (determined by 16
Local Land Services), and 17
(b) an amount payable for each stock unit based on the total notional 18
carrying capacity of rateable land in the district or for each 19
constituent part (within the meaning of clause 49 of Schedule 7 20
to the repealed Act as in force immediately before its repeal) of 21
the district. 22
(4) An animal health rate for rateable land is to consist of: 23
(a) a base amount for each holding of rateable land (determined by 24
Local Land Services), and 25
(b) an amount payable for each stock unit based on the total notional 26
carrying capacity of rateable land in the district, or for each 27
constituent part (within the meaning of clause 49 of Schedule 7 28
to the repealed Act as in force immediately before its repeal) of 29
the district, for which the annual returns lodged in the year 30
preceding the year in which the rate is payable indicate that at 31
least 50 stock units were kept on the land as at 30 June in the year. 32
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(5) The amount payable under a rate in respect of rateable land is calculated 1
in accordance with the following formula: 2
R = B + (A x C) 3
where: 4
R represents the amount payable under the rate. 5
B represents the base amount determined by Local Land Services for 6
the purposes of the rate. 7
A represents the amount, determined by Local Land Services, payable 8
for each stock unit in accordance with this clause. 9
C represents the notional carrying capacity of rateable land determined 10
in accordance with clause 17. 11
(6) In calculating the general rate or animal health rate payable in respect 12
of land, Local Land Services must disregard any part of the land used 13
for intensive livestock production in respect of which an animal health 14
rate is payable. 15
(7) An animal health rate may be levied in respect of rateable land 16
comprising a holding for which an annual return has not been lodged in 17
accordance with section 58 of the Act. 18
(8) Money that has been received by imposition of a special purpose rate 19
may not be used otherwise than for the purpose for which the rate was 20
levied. However, any such money received that is surplus to the purpose 21
for which the special purpose rate was imposed may be used by Local 22
Land Services for any other purpose approved by the Minister. 23
7 Special purpose pest insect eradication rates 24
(1) Without limiting the purposes for which a special purpose rate may be 25
levied, a special purpose rate may be levied to fund estimated 26
expenditure by Local Land Services in contributing to the costs of 27
eradicating pests that are insects under section 154 of the Act. 28
(2) Local Land Services must calculate a special purpose rate in accordance 29
with clause 6 (3) or the following formula: 30
R = X + (A x C) 31
where: 32
R represents the special purpose rate payable. 33
X represents the base amount determined by Local Land Services for 34
the purposes of the rate. 35
A represents an amount, determined by Local Land Services, payable 36
for each stock unit based on the total notional carrying capacity of 37
rateable land in the district. 38
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C represents the notional carrying capacity of rateable land determined 1
in accordance with clause 17. 2
8 How is a rate levied? 3
(1) A rate is levied on the land specified in a rate notice by giving the notice 4
to any occupier of the land liable to pay the rate. 5
Note. Section 210 (Service of documents) of the Act sets out the ways in which 6
notice may be given. 7
(2) A rate notice is to be in the approved form and is to specify the amount 8
of each rate levied. 9
(3) A rate is due and payable on the day (being a day not less than 28 days 10
and not more than 42 days after notice of the rate is given) specified in 11
the notice. 12
(4) Local Land Services may accept payment of a rate by instalments or in 13
accordance with an agreement made with the person liable to pay the 14
rate. 15
(5) For the purposes of subclause (1), if there are 2 or more occupiers of 16
land, a rate notice duly given to any one of the occupiers is taken to have 17
been given to the other occupiers of the land. 18
(6) An occupier (other than the owner) of land who is given a rate notice 19
must give any owner (other than the Crown) of the land oral or written 20
advice of the rate levied within 14 days after being given the rate notice. 21
Maximum penalty: 10 penalty units. 22
Division 3 Liability for rates 23
9 Occupiers are liable to pay rates 24
(1) The occupier of land on which a rate is levied by Local Land Services 25
is liable to pay the rate to Local Land Services, except as provided by 26
the Act or this Part. 27
(2) If there are 2 or more occupiers of the land, they are jointly and severally 28
liable to pay the rate. However, as between themselves they are liable 29
only for that part of the rate that is proportionate to the occupier's 30
interest in the land. 31
(3) An occupier who pays to Local Land Services more than the occupier's 32
proportionate part of the rate may recover the excess by way of 33
contribution from the other occupier or occupiers. 34
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10 Liability of owner (other than Crown) to pay rates not paid by occupier 1
(1) An owner (other than the Crown) of the land in respect of which any rate 2
is levied by Local Land Services is liable for payment to Local Land 3
Services of the whole or any part of the rate that is unpaid 12 months 4
after the day on which it became due and payable by an occupier and 5
any interest or any other charges payable in respect of the rate. 6
(2) Local Land Services cannot recover any unpaid rate, interest or charges 7
from an owner under subclause (1) unless it gives the owner 28 days' 8
notice of the amount of the rate that is unpaid and of any interest or 9
charges payable in respect of the rate. 10
(3) An owner who pays the whole or part of an unpaid rate or any interest 11
or charges payable in respect of the rate may recover the amount paid 12
from the occupier who was given the rate notice. 13
(4) Nothing in subclause (2) affects any occupier's liability for payment of 14
a rate. 15
(5) If there are 2 or more owners of land, they are jointly and severally 16
liable to pay the unpaid rate. However, as between themselves they are 17
liable only for that part of the rate that is proportionate to the owner's 18
interest in the land. 19
(6) An owner who pays to Local Land Services more than the owner's 20
proportionate part of the unpaid rate may recover the excess by way of 21
contribution from the other owner or owners. 22
11 Liability when occupier or owner of land changes 23
(1) The liability of a person to pay to Local Land Services a rate in respect 24
of land that is unpaid on the day the person ceases to be the occupier or 25
owner of the land continues until the day on which notice of the change 26
in occupancy or ownership is given by the person in accordance with 27
clause 24. 28
Note. The liability of a person who ceased to be the occupier or owner of the 29
land (the former occupier or former owner) to pay any owner or subsequent 30
occupier who has paid to Local Land Services any unpaid rate that should have 31
been paid by the former occupier or former owner does not cease on the giving 32
of the notice, and the owner or subsequent occupier who paid the unpaid rate 33
to Local Land Services may recover the amount from the former occupier or 34
former owner (see clause 13). 35
(2) The giving of a notice as referred to in subclause (1) does not affect any 36
liability of the owner of the land other than the Crown (if the notice is 37
of change of occupancy) or the new owner of the land other than the 38
Crown (if the notice is of change of ownership) for the whole or any part 39
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of a rate that is unpaid or for any interest or any other charges in respect 1
of the rate under clause 10. 2
Note. If any unpaid rate, interest or charge is paid to Local Land Services by the 3
owner or new owner, he or she may recover the amount from the former 4
occupier or former owner (see clause 13). 5
(3) A person who pays to Local Land Services any rate levied in respect of 6
land after the person ceases to occupy or own the land and before the 7
person gives notice of the change in occupancy or ownership of the land 8
may recover the amount from any successive occupier or owner of the 9
land who is liable to pay that rate. 10
(4) A person who becomes the occupier of land that is the subject of a lease, 11
licence or purchase from the Crown is not liable for any rate levied in 12
respect of the land that is unpaid on the day the person becomes the 13
occupier of the land. 14
12 Apportionment of rates 15
(1) This clause applies to a rate levied in respect of land for a year if the 16
occupancy or ownership of the land (whether in whole or in part) is 17
subsequently changed during that year to a different occupier or owner. 18
(2) The rate is payable as between the former and subsequent occupier or 19
owner of land proportionately to the part of the year during which the 20
occupier or owner occupied the land and to the part of the land occupied 21
or owned. 22
13 Recovery of rates paid when not occupier or owner 23
An occupier or owner of land who pays to Local Land Services any rate 24
that accrued during the occupancy or ownership of the land by some 25
other person is entitled to recover from that other person as a debt such 26
proportion of the rate as accrued while that other person was the 27
occupier or owner of the land. 28
14 Exemption from liability for animal health rate 29
(1) Rateable land is exempt from any animal health rate for a year if the 30
annual return lodged by the due date in respect of the land for the 31
preceding year indicates that the total number of stock kept on the land 32
was less than the number of stock represented by 50 stock units. 33
(2) For the purposes of subclause (1), in calculating the total number of 34
stock kept on land, if any horses are kept on the land only so many 35
horses as exceed 5 in number are to be taken into account. 36
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15 Land exempt from operation of Part 5 (Rates, levies and contributions) 1
of the Act 2
(1) For the purposes of section 208 of the Act, the following are exempt 3
from the operation of the provisions of Part 5 of the Act: 4
(a) any part of a holding used as a motel or caravan park, 5
(b) any part of a holding occupied by Local Land Services, 6
(c) any part of a holding occupied by a local authority and that is 7
used for a purpose other than an agricultural enterprise, 8
(d) any part of a holding used for the purposes of a cemetery, golf 9
course, racecourse, showground or industrial area. 10
(2) For the purposes of section 208 of the Act, the following land is exempt 11
from the operation of the provisions of Part 5 of the Act (other than 12
section 58 (Annual returns of land and stock)): 13
(a) any part of a holding on which a rifle range or buildings ancillary 14
to the conduct of such a range are located, 15
(b) any part of a holding used for growing sugar cane. 16
Division 4 Assessment of notional carrying capacity of land 17
16 Timing and notice of assessment of notional carrying capacity 18
(1) Local Land Services may assess the notional carrying capacity of a 19
holding at any time but must assess it within 5 years of its last 20
assessment. 21
(2) Local Land Services is to give any occupier of the holding notice of its 22
assessment as soon as practicable after it is made (but not later than on 23
the first occasion following the assessment on which a rate notice with 24
respect to the land is given). 25
(3) For the purposes of subclause (2), if there are 2 or more occupiers of a 26
holding, a notice of assessment duly given to any one of the occupiers 27
is taken to have been given to the other occupiers of the holding. 28
(4) An occupier (other than the owner) of a holding who is given a notice 29
of assessment must give each other occupier and each owner oral or 30
written advice of the assessment within 14 days after being given the 31
notice of assessment. 32
Maximum penalty: 10 penalty units. 33
17 Assessment of notional carrying capacity 34
(1) Local Land Services must assess the notional carrying capacity of each 35
holding of land. 36
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(2) In determining the notional carrying capacity of land for the purposes of 1
this clause: 2
(a) a 40 kilogram wether sheep of any breed represents 1 stock unit, 3
and 4
(b) a 400 kilogram steer of any breed represents 10 stock units. 5
(3) Local Land Services is to assess the notional carrying capacity of land 6
by reference to the number of stock units that could be maintained on 7
the land in an average season under management practices that, in the 8
opinion of Local Land Services, are usual for the district. 9
(4) The assessment is to be made whether or not the land is, at the date of 10
assessment, used for any purpose. 11
(5) Without limiting matters that Local Land Services may have regard to 12
in assessing the notional carrying capacity of particular rateable land, 13
Local Land Services: 14
(a) must disregard the presence of noxious weeds or pest animals on 15
the land, and 16
(b) must not take into consideration the use of irrigation if the land is 17
irrigated land used for permanent plantings of trees or vines, and 18
(c) must make its assessment as if the raising of stock were the only 19
use of the land, and 20
(d) in the case of land that remains in or is reverting to its original 21
undeveloped state--must base its assessment on the condition of 22
the land as at the date of assessment. 23
(6) In assessing the notional carrying capacity of rateable land used for 24
intensive livestock production, Local Land Services must have regard 25
to the following: 26
(a) the nature of the holding or structure concerned, 27
(b) any improvement and equipment used for the purposes of 28
intensive livestock production on the land, 29
(c) the manner in which the holding has been worked, 30
(d) any other matter that it considers necessary. 31
18 Application for review of assessment 32
(1) An owner or occupier of a holding who is dissatisfied with Local Land 33
Services' assessment of the notional carrying capacity of the holding 34
may apply in writing to Local Land Services for a review of the 35
assessment. 36
(2) An application for review of an assessment must be made not later than 37
28 days after notice of the assessment is given to the occupier. 38
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(3) Local Land Services may, within 28 days of receipt of an application for 1
review of an assessment, require the applicant to provide Local Land 2
Services with such additional information as Local Land Services may 3
reasonably require to review the assessment. 4
(4) Local Land Services is not required to deal with an application for 5
review of an assessment if the applicant fails to provide additional 6
information to Local Land Services when required to do so. 7
19 Review of assessment 8
(1) Local Land Services is to review the assessment within the period of 9
40 days after: 10
(a) it receives the application, or 11
(b) if it has required the applicant to provide additional information, 12
receipt of the information. 13
(2) On reviewing an assessment, Local Land Services may: 14
(a) confirm the assessment, or 15
(b) vary the assessment. 16
(3) Local Land Services is to give the applicant for review of the 17
assessment notice of its decision on review of the assessment as soon as 18
practicable after the review. 19
(4) An applicant who is given notice of the decision of Local Land Services 20
on review of an assessment must give each other occupier or owner of 21
the land oral or written advice of the decision within 14 days after being 22
given notice of it. 23
Maximum penalty: 10 penalty units. 24
(5) Local Land Services is taken (for the purposes only of an appeal) to 25
have decided to confirm the assessment if Local Land Services has not 26
reviewed the assessment within the period of 40 days after: 27
(a) the making of the application for review, or 28
(b) if it has required the applicant to provide additional information, 29
receipt of the information. 30
Division 5 Appeals against assessment of notional carrying 31
capacity and rates 32
20 Appeals against assessment 33
(1) If an occupier or owner of a holding is dissatisfied with the decision of 34
Local Land Services on review of an assessment of the notional 35
carrying capacity of a holding, the occupier or owner may, not later than 36
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30 days after being given notice of the decision, appeal against the 1
assessment to the appropriate local land board. 2
(2) An appeal is to be determined on the information provided or available 3
to Local Land Services in making the assessment and any additional 4
information provided under clause 18. However, the local land board 5
may also take into account any relevant information contained in an 6
annual return under section 58 of the Act that has been duly lodged by 7
the appellant. 8
(3) Before hearing an appeal against an assessment of the notional carrying 9
capacity of a holding, the local land board must be satisfied that the 10
appellant has paid all rates that the appellant is liable to pay under the 11
Act, other than any rates based on the assessment of the notional 12
carrying capacity that is the subject of the appeal. 13
21 Appeals against rates 14
(1) An occupier or owner of land may appeal against the validity of any rate 15
levied on land to the appropriate local land board. 16
(2) An appeal may be made on the ground that the land or part of it is not 17
rateable or is not subject to a particular rate. 18
(3) An appeal is to be lodged within 30 days after the occupier of the land 19
is given the rate notice. 20
(4) The local land board is not to hear an appeal under this clause in respect 21
of a rate levied in respect of a year unless the appellant has produced to 22
the local land board a certificate issued by Local Land Services (or such 23
other evidence as is acceptable to the local land board) confirming that 24
all rates due and payable in any preceding year in relation to the land 25
have been paid. 26
Note. Section 210 (Service of documents) of the Act sets out various ways in 27
which a rate notice may be given. 28
22 Hearing of appeals 29
(1) After hearing the appeal against an assessment of the notional carrying 30
capacity of a holding, the local land board must decide the appeal by: 31
(a) confirming the assessment, or 32
(b) varying the assessment by altering the assessment. 33
(2) After hearing the appeal against a rate levied on land, the local land 34
board must decide the appeal either: 35
(a) by confirming the rate as levied, or 36
(b) by varying the rate. 37
(3) The decision of a local land board on the hearing of the appeal is final. 38
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Division 6 Miscellaneous 1
23 Measures to facilitate the recovery of rates 2
(1) The lodgment of an appeal against the validity of the rate under clause 3
21 does not prevent proceedings being taken for the recovery of the rate. 4
(2) The fact that an appeal has been lodged against the validity of a rate 5
under clause 21 does not prevent the Minister from exercising a power 6
conferred by clause 25. 7
24 Notice to be given of changes in occupancy or ownership of rateable 8
land 9
(1) A person must, within one month after ceasing to be or becoming the 10
occupier or owner of rateable land, give notice in the approved form to 11
Local Land Services. 12
Maximum penalty: 10 penalty units. 13
(2) A person is taken to have satisfied the requirements of this clause in 14
relation to a change of ownership if notice of the change is lodged with 15
the Registrar-General in accordance with section 39 of the Real 16
Property Act 1900 or section 184E of the Conveyancing Act 1919 17
within one month after the change of ownership. 18
25 Irregularities concerning rates 19
(1) The Minister may extend the period for a rate to be fixed or rate notice 20
to be given if for any reason the rate is not fixed, or rate notice is not 21
given, within the period prescribed by or under the Act. 22
(2) The Minister may authorise Local Land Services to do any things that 23
are necessary to cure an irregularity and to validate a rate if any 24
irregularity in fixing or levying a rate affects, or may be considered to 25
affect, the validity of any rate. 26
26 Notification of change of address 27
(1) The occupier of rateable land must notify Local Land Services of any 28
change in the occupier's postal address within one month after the 29
change occurs. 30
Maximum penalty: 10 penalty units. 31
(2) The owner of stock kept on rateable land must notify Local Land 32
Services of any change in the owner's postal address within one month 33
after the change occurs. 34
Maximum penalty: 10 penalty units. 35
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(3) A person who becomes the occupier of rateable land must notify Local 1
Land Services of the occupier's postal address within one month after 2
becoming the occupier of the land. 3
Maximum penalty: 10 penalty units. 4
27 Tenure bond to be paid by certain holders of Crown land 5
(1) The government agency or other public authority that grants a person 6
short tenure of Crown land is to notify Local Land Services as soon as 7
practicable after the grant. 8
(2) A person who takes Crown land on a short tenure must provide to Local 9
Land Services a tenure bond within 14 days of taking the land on short 10
tenure. 11
Maximum penalty: 20 penalty units. 12
(3) The tenure bond is to be in the form approved, and for such reasonable 13
amount as is determined, by Local Land Services. 14
(4) At the end of the short tenure of land, an amount equal to any unpaid 15
rates, charges, interest or any other amount owed to Local Land 16
Services in respect of the land by the holder of the short tenure is 17
forfeited to Local Land Services from any tenure bond provided under 18
this clause. 19
(5) Local Land Services must refund the balance (if any) of the tenure bond 20
to the person who provided it. 21
(6) Except as provided by subclause (4), nothing in this clause: 22
(a) affects the liability of any person to pay rates under the Act, or 23
(b) affects Local Land Services' right to recover rates under the Act. 24
(7) In this clause: 25
short tenure, in relation to land, means a lease of the land from the 26
Crown for a term not exceeding 3 years or a licence of the land from the 27
Crown. 28
tenure bond means a bond deposited or paid in such a way as to secure 29
Local Land Services against any failure of the person depositing or 30
paying the bond to pay rates, charges or any other amount in respect of 31
the land payable by the person to Local Land Services under the Act. 32
Part 3 Annual returns 33
28 Annual returns--persons who are required to lodge returns 34
(1) For the purposes of section 58 (1) of the Act, the following are 35
prescribed persons: 36
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(a) the occupier of a holding that is rateable land as at 30 June in the 1
year in which the annual return concerned is due to be lodged, 2
(b) the occupier of a holding that is non-rateable land that has had a 3
property identification code allotted to the land under Part 3 of 4
the Stock Diseases Regulation 2009, 5
(c) the owner or occupier of a holding that is non-rateable land who 6
is the registered proprietor of a brand or earmark under a stock 7
identification scheme established under Part 12 of this 8
Regulation at any time during the year for which the annual 9
return concerned is due to be lodged. 10
(2) For the purposes of section 58 (1) of the Act, if there are 2 or more 11
occupiers of a holding referred to in subclause (1) (a), an annual return 12
duly lodged by any one of the occupiers is taken to have been lodged by 13
all the occupiers. 14
29 Annual returns 15
(1) This clause applies to annual returns for holdings. 16
(2) An annual return for a holding is to be lodged with Local Land Services 17
not later than 31 August in each year and is to be signed by, or on behalf 18
of, the person lodging it. 19
(3) For the purposes of section 58 (2) of the Act, an annual return is to give 20
details of the following matters: 21
(a) the full name of the person, 22
(b) the postal address, email address (if any) and telephone number 23
(if any) of the person, 24
(c) the address of the land, if different from the address referred to in 25
paragraph (b), 26
(d) a description of the land, including the following: 27
(i) the portion number or lot and deposited plan number, 28
(ii) the names of the parish and county where the land is 29
located, 30
(iii) the area of the land, 31
(iv) details of any part of the land that is a conservation area 32
within the meaning of the National Parks and Wildlife Act 33
1974, 34
(e) the number of each category of stock other than pigs (if any) kept 35
on the land that were 6 months of age or over on 30 June in the 36
year in which the return is due, 37
(f) the number of pigs of any age (if any) kept on the land on 30 June 38
in the year in which the return is due, 39
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(g) whether or not intensive livestock production is carried out on the 1
land and, if so, the area of land used for intensive livestock 2
production, the capacity of the area used for intensive livestock 3
production and the number of stock kept under intensive 4
livestock production on the land, 5
(h) the total area of the land that is planted with grapevines (if any) 6
on 30 June in the year in which the return is due, 7
(i) the total area of the land that is planted with sugar cane (if any) 8
on 30 June in the year in which the return is due, 9
(j) details of any property identification code allotted to land 10
occupied by the person under Part 3 of the Stock Diseases 11
Regulation 2009, 12
(k) details of any stock identifier registered by the person under a 13
stock identification scheme established under Part 12 of this 14
Regulation in the year for which the return is due, 15
(l) in relation to an annual return lodged by a person referred to in 16
clause 28 (1) (a): 17
(i) the rate assessment number shown on the rate notice for 18
the land, and 19
(ii) if an individual is nominated as the person entitled to be 20
enrolled in respect of the holding under clause 8 of 21
Schedule 1 to this Regulation--the full name of each 22
individual. 23
30 Purposes for which information in annual return may be used and 24
disclosed 25
(1) Without limiting the purposes for which information obtained by Local 26
Land Services under Division 3 of Part 5 of the Act may be used, the 27
information may be used for the following: 28
(a) to verify the notional carrying capacity of land, 29
(b) to facilitate the administration of animal health services or animal 30
production services by Local Land Services, 31
(c) to prepare statistical data concerning animal health or the 32
protection of rural lands, 33
(d) to prepare an annual report under the Act or the Annual Reports 34
(Statutory Bodies) Act 1984, 35
(e) for the purposes of electoral rolls, 36
(f) to protect public health and safety, 37
(g) to assist in the preparation and implementation of emergency 38
animal disease and plant pest and disease preparedness and 39
response programs, 40
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(h) to assist in preventing, managing, controlling and eradicating 1
disease, pests and residues: 2
(i) in animals and animal products, and 3
(ii) in plants and plant products, and 4
(iii) on any land or adjacent water, 5
(i) to assist in the management of drought and the response to floods, 6
fires and other emergencies. 7
(2) Without limiting to whom and for what purposes Local Land Services 8
may disclose information it has obtained under Division 3 of Part 5 of 9
the Act, Local Land Services may disclose such information to the 10
Department for the purposes set out in subclause (1) (f)-(i). 11
Part 4 Catchment contributions 12
31 Definitions 13
In this Part: 14
Authority means the Hunter-Central Rivers Catchment Management 15
Authority (within the meaning of the Catchment Management 16
Authorities (Hunter Central Rivers) Regulation 2010 immediately 17
before its repeal by the Act). 18
catchment contribution means a catchment contribution under this 19
Part. 20
catchment contribution area means the following: 21
(a) an area that was a catchment contribution area, within the 22
meaning of Schedule 4 to the Catchment Management 23
Authorities Act 2003 as in force immediately before its repeal by 24
the Act, within the area of operations of the Authority 25
immediately before that repeal, 26
(b) an area declared by an order in force under clause 32 to be a 27
catchment contribution area. 28
charging year means: 29
(a) the period declared to be the charging year for the Authority 30
immediately before the repeal of the Catchment Management 31
Authorities (Hunter Central Rivers) Regulation 2010 by the Act, 32
or 33
(b) the period declared to be the charging year under clause 34, or 34
(c) if the charging year is changed by a further order under 35
clause 34--the period between the end of one charging year and 36
the beginning of the next. 37
owner has the same meaning as in the Water Management Act 2000. 38
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32 Orders for purposes of levying catchment contributions 1
The Minister may, by order published in the Gazette, declare any land 2
described in the order to be a catchment contribution area for the 3
purposes of this Part. 4
33 Local Land Services may levy catchment contributions 5
(1) Local Land Services may, in accordance with this Part, levy a 6
catchment contribution on any land that is within a catchment 7
contribution area. 8
(2) A catchment contribution may only be levied to fund a shortfall in 9
available funding for the catchment activities of Local Land Services. 10
(3) Local Land Services is to maintain a map that depicts all land that is 11
within a catchment contribution area. 12
(4) The map is to be available in the office of Local Land Services and may 13
be inspected by any person free of charge at any time the office is open. 14
34 Orders for purposes of levying catchment contributions 15
The Minister may, by order published in the Gazette, declare a period 16
of 12 months to be the charging year for the purpose of this Part. 17
35 Estimates of income and expenditure to be prepared 18
(1) Local Land Services is to prepare and submit to the Minister at least 19
2 months before the beginning of each charging year estimates in 20
respect of: 21
(a) the income of Local Land Services for the charging year from all 22
sources, including the total amount to be obtained by way of 23
catchment contributions, and 24
(b) the expenditure to be incurred during the charging year in relation 25
to Local Land Services functions relating to natural resource 26
management. 27
(2) The estimates are to be in such form as the Minister requires and are to 28
contain particulars in respect of each item of expenditure and the 29
catchment contributions proposed to be levied. 30
36 Basis of levying catchment contributions 31
A contribution is to be levied according to the land value (within the 32
meaning of the Valuation of Land Act 1916) of all land within the 33
catchment contribution area that has a land value greater than $300 and 34
that is rateable for the time being under the Local Government Act 1993. 35
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37 Determinations relating to catchment contributions 1
(1) Not later than one month before the beginning of a charging year in 2
which Local Land Services proposes to levy a catchment contribution, 3
it is to determine: 4
(a) the amount of money that it proposes to raise by way of 5
catchment contributions, and 6
(b) the land within the catchment contribution area that is to be 7
levied, and 8
(c) the rate of the catchment contribution, 9
for the next charging year. 10
(2) Local Land Services may make separate determinations under 11
subclause (1) in respect of rates for different lands within the catchment 12
contribution area. 13
(3) A determination under this clause: 14
(a) is subject to clause 33, and 15
(b) is required to be approved by the Minister and does not have 16
effect unless it is so approved, and 17
(c) is to be published in the Gazette before the commencement of the 18
charging year to which it relates, and 19
(d) is to take effect on the commencement of the charging year to 20
which it relates. 21
(4) A determination does not fail merely because it is not published in the 22
Gazette before the commencement of the charging year to which it 23
relates but, in that event, a person is not liable for payment of the 24
catchment contribution to which the determination relates until the 25
determination is published in the Gazette. 26
(5) A catchment contribution determined under this clause is levied on 27
publication of the determination in the Gazette. 28
(6) If, for any reason: 29
(a) a determination under this clause is not made before the charging 30
year to which it relates, or 31
(b) there is any irregularity or alleged irregularity in the making of 32
any such determination, 33
the Minister may extend the time for making the determination (whether 34
or not that time has expired) and may authorise Local Land Services to 35
do anything necessary to cure any irregularity and to make a valid 36
determination. 37
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38 Assessment of catchment contributions 1
(1) After making a determination under clause 37 Local Land Services 2
must, in accordance with the determination: 3
(a) classify each parcel of land within the catchment contribution 4
area in respect of which a catchment contribution is to be levied, 5
and 6
(b) assess the catchment contribution payable for each such parcel of 7
land. 8
(2) After it makes an assessment under this clause Local Land Services is 9
to cause a notice to be served on the owner of each parcel of land in 10
respect of which a catchment contribution has been levied. 11
(3) The notice may be served: 12
(a) personally or by post, and 13
(b) may be served separately or, if Local Land Services so decides, 14
together with or so as to form part of a council rate notice or other 15
statutory notice served on the owner of the parcel of land in 16
respect of which a catchment contribution has been levied. 17
(4) On the service of such a notice, the owner of the land to which the notice 18
relates becomes liable for payment of the catchment contribution 19
specified in the notice. 20
39 Reassessment of catchment contributions 21
(1) Local Land Services may reassess a catchment contribution if the value 22
of the land for any charging year differs from the value used to assess 23
the contribution. 24
(2) A catchment contribution may only be reassessed as from the date the 25
revised value of the land has effect. 26
(3) The owner of the land to which the reassessment relates becomes liable 27
for payment of the revised catchment contribution on the service of a 28
notice notifying the reassessment. 29
40 Collection etc of catchment contributions on behalf of Local Land 30
Services 31
(1) In this clause: 32
appropriate local agency means: 33
(a) the council of a local government area within which any part of 34
the catchment contribution area is situated, or 35
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(b) the Sydney Water Corporation, the Hunter Water Corporation, 1
the State Water Corporation or any water supply authority within 2
whose area of operations any part of the catchment contribution 3
area is situated, or 4
(c) a statutory authority approved by the Minister for the purposes of 5
this clause. 6
(2) Local Land Services may, with the approval of the Minister, enter into 7
an arrangement with an appropriate local agency for the following 8
functions of Local Land Services under this Part to be exercised by that 9
agency on behalf of Local Land Services: 10
(a) the assessment or reassessment of catchment contributions levied 11
by Local Land Services, 12
(b) the collection of those catchment contributions, 13
(c) the recovery of those catchment contributions, 14
(d) the issue of certificates as to any catchment contributions due to 15
Local Land Services. 16
(3) Any such arrangement may provide for the payment of commission to 17
the appropriate local agency. 18
(4) For the purposes of any such arrangement, the appropriate local agency 19
may deal with Local Land Services' catchment contributions in 20
connection with its rates and charges, so long as the catchment 21
contribution is separately identified. 22
(5) For the purposes of subclause (4), an appropriate local agency may issue 23
joint assessments and notices, take joint action for collection and 24
recovery and issue joint certificates. 25
(6) The appropriate local agency must remit to Local Land Services, as 26
soon as practicable after the expiration of each calendar month (but in 27
all cases within 30 days after the collection of such contributions), the 28
money collected by it in payment of the contribution during that month, 29
less any amount the local agency is entitled to retain as a commission in 30
accordance with the agreement. 31
41 Catchment contributions a charge on land 32
(1) A catchment contribution for payment of which a person is liable is a 33
charge on the land to which the catchment contribution relates. 34
(2) The provisions of this clause have effect despite anything contained in 35
section 42 of the Real Property Act 1900. 36
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42 Interest on overdue catchment contributions 1
(1) Local Land Services may charge interest on overdue catchment 2
contributions at the rate of interest set under section 566 (3) of the Local 3
Government Act 1993 by the local council for the local government area 4
in which the land is located. 5
(2) The interest charged forms a part of the catchment contribution for the 6
purposes of this Part. 7
43 Recovery of catchment contributions 8
(1) A catchment contribution due to Local Land Services under this Part 9
may be recovered in any court of competent jurisdiction as a debt due 10
to the Crown. 11
(2) An unsatisfied judgment or order of any court for the recovery of a 12
catchment contribution from any person is not a bar to the recovery of 13
the contribution from any other person who is liable under the Act for 14
the payment of the contribution. 15
44 Waiver or deferral of payment 16
Local Land Services may, in the case of hardship: 17
(a) defer payment of a catchment contribution, or 18
(b) waive payment of a catchment contribution or any part of it. 19
45 Expenses of tracing persons 20
(1) Local Land Services may add to the amount of catchment contribution 21
any reasonable expenses incurred in tracing the person liable to pay the 22
catchment contribution. 23
(2) Those expenses may be recovered as catchment contributions at the 24
same time as any catchment contributions and without the need to give 25
notice concerning them. 26
46 Liability of joint owners 27
(1) If land within the catchment contribution area is owned or held jointly 28
by 2 or more persons: 29
(a) they are jointly and severally liable for payment of the catchment 30
contribution in respect of the land, and 31
(b) as between themselves, each is liable only for such part of the 32
contribution as is proportionate to the interest owned or held by 33
the person in the land. 34
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(2) If one of those persons pays more than that person's proportionate part 1
of a catchment contribution, he or she may recover the excess by way 2
of contribution from the other persons. 3
47 Liability on disposing of land 4
(1) The liability of a person to pay a catchment contribution in respect of 5
any land does not cease on disposal of the land if notice of the 6
contribution, in a form approved by Local Land Services: 7
(a) was given before disposal of the land, or 8
(b) is given after the disposal of the land, but before notice of the 9
disposal is given to Local Land Services. 10
(2) If a person: 11
(a) disposes of any land, and 12
(b) pays a contribution levied on the land that became payable to 13
Local Land Services after disposal of the land and before the 14
notice of the disposal is given to Local Land Services, 15
the person may recover the amount of the catchment contribution from 16
the person who acquired the land. 17
(3) Without limiting subclause (1), a person is taken to have given notice of 18
the disposal of the land if notice of the disposal is lodged with the 19
Registrar-General in accordance with the Conveyancing Act 1919 or the 20
Real Property Act 1900 (as the case may be). 21
48 Daily basis of apportionment of catchment contribution 22
As between a person liable to pay a catchment contribution in respect of 23
land, and: 24
(a) a person who acquires the land, or 25
(b) the persons from whom the land was acquired, 26
the catchment contribution is to be apportioned on a daily basis. 27
49 Liability of new owner 28
(1) A person who, by becoming the owner of land, becomes liable to pay a 29
catchment contribution levied on the land is liable for payment of all 30
current catchment contributions, and all arrears of contributions, levied 31
on the land even if notice of them was not given to the person until after 32
the person became the owner of the land. 33
(2) A person who: 34
(a) becomes the owner of land, and 35
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(b) pays to Local Land Services a catchment contribution in respect 1
of the land that was payable before the person became the owner, 2
may recover the whole or a proper proportion of the catchment 3
contribution from the persons liable for the payment at the time the 4
notice was served. 5
50 Proportionate liability for catchment contributions 6
(1) A catchment contribution is proportionate to the portion of the year for 7
which the land is leviable and to the portion of the land that is leviable. 8
(2) If an amount of catchment contribution is paid in excess of the liability 9
for a catchment contribution because of the operation of this clause, 10
Local Land Services: 11
(a) must refund the amount of the excess, or 12
(b) must credit it towards payment of any amount then payable to 13
Local Land Services by the person who would otherwise be 14
entitled to a refund. 15
Part 5 Travelling stock reserves and public roads 16
Division 1 Preliminary 17
51 Interpretation 18
(1) In this Part: 19
permanent stock zone means the whole or part of a public road set aside 20
as a permanent stock zone in accordance with clause 52. 21
permanent stock zone sign means a stock warning sign: 22
(a) displaying particulars approved by the roads authority in the 23
manner approved for the purposes of this definition, or 24
(b) of a type approved by the roads authority. 25
public road includes the shoulder of a public road. 26
roads authority means a roads authority within the meaning of the 27
Roads Act 1993. 28
shoulder of a public road includes any part of the road that is not 29
designed to be used by motor vehicles in travelling along the road. 30
stock warning sign means a sign warning road users of the presence of 31
stock. 32
stock zone means a permanent stock zone or a temporary stock zone. 33
stock zone sign means a permanent stock zone sign or a temporary stock 34
zone sign. 35
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temporary stock zone means the whole or part of a public road set aside 1
as a temporary stock zone in accordance with clause 52. 2
temporary stock zone sign means a stock warning sign: 3
(a) displaying particulars approved by Local Land Services in the 4
manner approved for the purposes of this definition, or 5
(b) of a type approved by Local Land Services. 6
(2) For the purposes of this Part, a stock warning sign that depicts a 7
particular kind of stock applies to every other kind of stock. 8
52 How are stock zones established? 9
(1) Permanent stock zones 10
A roads authority may set aside the whole or any part of a public road 11
as a permanent stock zone. 12
(2) A permanent stock zone is to be designated by a permanent stock zone 13
sign exhibited at the entry to the zone to which it relates. 14
(3) The permanent stock zone sign is to be positioned so that: 15
(a) there is not less than 200 metres between the sign and the place 16
where a vehicle being driven towards the stock would first 17
encounter the stock, and 18
(b) the driver of a vehicle being driven towards the stock along the 19
road is warned of the presence or likely presence of the stock a 20
reasonable distance before the vehicle would first encounter the 21
stock. 22
(4) Temporary stock zones 23
A person who owns or has charge of stock that are grazing or walking 24
on a public road may set aside the whole or part of that public road as a 25
temporary stock zone. 26
(5) An occupier of land through which an unfenced public road passes must 27
set aside that part of the road passing through the land as a temporary 28
stock zone if the land is normally grazed by stock. 29
(6) A temporary stock zone is to be designated by a temporary stock zone 30
sign exhibited at the entry point of the zone to which it relates. 31
(7) A temporary stock zone sign exhibited by a person referred to in 32
subclause (4) is to be positioned so that there is not more than 33
5 kilometres, and not less than 200 metres, between the sign and the 34
place where a vehicle being driven towards the stock would first 35
encounter the stock. 36
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(8) A temporary stock zone sign exhibited by a person referred to in 1
subclause (5) is to be positioned so that the driver of a vehicle being 2
driven towards the stock along the road is warned of the presence or 3
likely presence of the stock a reasonable distance before the vehicle 4
would first encounter the stock. 5
(9) The provisions of Part 20 of the Road Rules 2008 apply to a permanent 6
stock zone sign or temporary stock zone sign in the same way as they 7
apply to a traffic sign within the meaning of those Rules. 8
Note. For example, rule 327 of the Road Rules 2008 which provides that the 9
length of road to which a traffic sign on a road applies is worked out in the 10
direction driven by a driver on the road who faces the sign before passing it. 11
Division 2 Stock zones 12
53 Offences relating to stock zones 13
(1) The owner or person in charge of stock that are on a public road must 14
ensure, as far as practicable, that the stock do not pose a hazard to any 15
person, animal or vehicle on the road. 16
(2) The owner or person in charge of stock that are on or near a public road 17
must ensure that the stock are in a stock zone if it is reasonably 18
foreseeable that they may be a hazard to any person, animal or vehicle 19
on the road. 20
(3) The driver of a mechanically powered vehicle must give way to stock 21
and to all other animals and any vehicle accompanying stock in a stock 22
zone. 23
Maximum penalty: 20 penalty units. 24
54 When must temporary stock zone signs be displayed? 25
(1) A person moving or grazing stock on or near any part of a public road 26
that is not a permanent stock zone must display a temporary stock zone 27
sign in accordance with this Part. 28
(2) It is a defence to a prosecution for an offence under subclause (1) if it is 29
proved that: 30
(a) compliance with the subclause was not necessary because the 31
presence of the stock did not result in any reasonably foreseeable 32
hazard to any person, animal or vehicle on the public road, or 33
(b) the failure to comply with the subclause was due to 34
circumstances that were beyond the control of, and could not 35
reasonably have been foreseen by, the person in charge of the 36
stock. 37
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(3) The person must remove the temporary stock zone sign when the stock 1
are no longer on or near any part of a public road that is not a permanent 2
stock zone. 3
Maximum penalty: 20 penalty units. 4
55 Interference with signs 5
A person must not, without lawful authority, remove, interfere with, 6
damage, deface or affix advertising material or any other thing to any 7
stock zone sign. 8
Maximum penalty: 20 penalty units. 9
56 Authority to exhibit stock zone signs 10
(1) A person has authority to exhibit a stock zone sign if: 11
(a) the person is the roads authority or is a person authorised by the 12
roads authority, or 13
(b) the person exhibits the sign in accordance with the requirements 14
of this Regulation. 15
(2) A person must not, without lawful authority, exhibit a stock zone sign. 16
Maximum penalty: 20 penalty units. 17
57 Directions to remove temporary stock zone signs 18
(1) If Local Land Services considers that a temporary stock zone sign 19
erected on a public road does not relate to stock on or near the road it 20
may: 21
(a) remove the sign, or 22
(b) direct any person exhibiting the sign to remove it within a 23
specified time. 24
(2) A person to whom a direction is given under subclause (1) must comply 25
with the direction. 26
Maximum penalty: 10 penalty units. 27
Division 3 Use of travelling stock reserves and public roads 28
generally 29
58 Travelling stock on travelling stock reserves to be prevented from 30
moving onto carriageways between sunset and sunrise 31
A person in charge of travelling stock on a travelling stock reserve 32
through which an unfenced public road passes must ensure, so far as is 33
reasonably practicable, that the stock are fenced or otherwise prevented 34
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from moving onto the carriageway of the public road between sunset 1
and sunrise. 2
Maximum penalty: 20 penalty units. 3
59 Unauthorised use of public roads 4
For the purposes of section 73 (2) of the Act, the following are 5
prescribed as circumstances in which a person who owns or has charge 6
of stock that are walking or grazing on a public road is not guilty of an 7
offence under section 73 of the Act: 8
(a) if the stock are horses that are being ridden or led in daylight, 9
(b) if the stock are drawing or being led by a vehicle in daylight, 10
(c) if the person is moving the stock in daylight from one part of a 11
holding that is contiguous to another part of the holding from 12
which it is separated only by a public road, 13
(d) if the person is moving the stock at any time along the road in an 14
emergency, 15
(e) if the person is moving dairy cows from one part of a holding that 16
is contiguous to another part of the holding from which it is 17
separated only by a public road during the period between sunset 18
and sunrise on the following day for the shortest practicable 19
distance, 20
(f) if the person is authorised to walk or graze stock on the public 21
road by or under the Crown Lands Act 1989 or any other Act or 22
regulation, 23
(g) if the stock are camels that are being ridden or led in daylight, 24
and the stock are travelling at the applicable required travelling rate. 25
60 Control of activities on travelling stock reserves 26
(1) Local Land Services may prohibit, or regulate, the carrying on of any 27
activity on a travelling stock reserve by erection of a sign at or near the 28
entrance to the travelling stock reserve or in some prominent place 29
within the reserve. 30
(2) A person who carries on an activity in contravention of a sign referred 31
to in subclause (1) is guilty of an offence. 32
Maximum penalty: 10 penalty units. 33
61 Removal of signs 34
A person who, without lawful authority, removes, damages or interferes 35
with a sign displayed by Local Land Services on a travelling stock 36
reserve is guilty of an offence. 37
Maximum penalty: 10 penalty units. 38
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62 Authorised use of travelling stock reserves for recreational activities 1
(1) For the purposes of section 74 of the Act, the following are prescribed 2
as recreational activities for which a person is authorised (subject to the 3
Act and subclause (2)) to use a travelling stock reserve (or part of a 4
travelling stock reserve) other than an excluded reserve: 5
(a) walking, running and other kinds of individual physical exercise, 6
(b) horse riding, 7
(c) camel riding, 8
(d) picnicking, 9
(e) fishing, 10
(f) swimming, 11
(g) pedal cycling. 12
(2) Subclause (1) does not apply to use of a travelling stock reserve (or part 13
of a travelling stock reserve) for a purpose referred to in that subclause 14
if Local Land Services has made a closure order in respect of the reserve 15
or part of any such reserve under section 70 (1) (b) of the Act. 16
(3) In this clause: 17
excluded reserve means a travelling stock reserve (or part of a travelling 18
stock reserve) in the Western Division or a stock watering place. 19
63 Offences on travelling stock reserves 20
(1) A person must not, except in accordance with a permit issued by Local 21
Land Services for a travelling stock reserve: 22
(a) waste any water provided on the reserve for stock, or 23
(b) divert or in any other way interfere with the natural flow of water 24
on the reserve, or 25
(c) swim or bathe in a water tank or dam installed or constructed on 26
the reserve, or 27
(d) light a fire in the reserve at any time when the lighting of fires in 28
the reserve is prohibited by Local Land Services by signs 29
displayed on or near the reserve or at any other time except in a 30
fireplace designated by Local Land Services by the display of 31
such a sign. 32
Maximum penalty: 10 penalty units. 33
(2) A person must not, without the authority in writing of Local Land 34
Services or other reasonable excuse, damage or interfere with a 35
structure, appliance or other article that forms part of or is lawfully on a 36
travelling stock reserve. 37
Maximum penalty: 20 penalty units. 38
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(3) A person must not, without reasonable excuse, interfere with stock or 1
beehives that are lawfully on a travelling stock reserve. 2
Maximum penalty: 20 penalty units. 3
64 Stock to be adequately controlled 4
(1) A person in charge of stock must keep the stock under control at all 5
times while the stock are on a public road or travelling stock reserve. 6
(2) A person in charge of stock who, without reasonable excuse, fails to 7
comply with this clause is guilty of an offence. 8
Maximum penalty: 10 penalty units. 9
(3) In this clause: 10
control, in relation to stock, means action designed to ensure that the 11
stock do not stray to a location, or do not behave in a manner, that would 12
be hazardous to passing traffic or to the general public or would cause 13
damage to property adjacent to the public road or travelling stock 14
reserve concerned. 15
65 Obligations of occupiers of land adjoining public roads or travelling 16
stock reserves 17
(1) This clause applies to an occupier of any land in a region that adjoins an 18
unfenced public road or travelling stock reserve who is given oral or 19
written notice by the owner or person in charge of travelling stock at 20
least 24 hours before the stock travel or graze on that road or reserve that 21
the stock will travel or graze on that road or reserve. 22
(2) An occupier of land to whom this clause applies must take all 23
reasonably practicable steps to prevent the stock from causing any 24
injury, damage or harm to the land or any thing on it. 25
Maximum penalty: 10 penalty units. 26
66 Persons prohibited from depositing or leaving rubbish, carcasses and 27
other things on reserves 28
A person must not, without lawful authority, deposit or leave on any 29
travelling stock reserve any rubbish, animal carcass, vehicle, 30
equipment, implement or movable structure or other thing. 31
Maximum penalty: 32
(a) in the case of an animal carcass--50 penalty units for the first 33
animal carcass deposited or left by the person and 5 penalty units 34
for each additional carcass deposited or left at the same place and 35
time by that person, and 36
(b) in the case of any other thing--50 penalty units. 37
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67 Local Land Services not liable for use of pesticides or chemicals on 1
reserves 2
(1) For the purposes of section 100 of the Act, notice is given that a 3
pesticide or chemical is about to be applied to a controlled travelling 4
stock reserve if a warning sign is displayed in a conspicuous place on 5
the reserve in accordance with this clause before the pesticide or 6
chemical is applied. 7
(2) For the purposes of section 100 of the Act, notice is given that a 8
pesticide or chemical has been applied to a controlled travelling stock 9
reserve if a warning sign is displayed in accordance with this clause 10
immediately after the pesticide or chemical is applied. 11
(3) A warning sign referred to in subclause (2) must be displayed for not 12
less than the following periods: 13
(a) in the case of a pesticide or chemical the use of which requires the 14
display of warning signs under a pesticide control order in force 15
under the Pesticides Act 1999 or a permit in force under the Agvet 16
Code of New South Wales--for the minimum period specified for 17
the pesticide or chemical in the order or permit, 18
(b) in the case of any other kind of pesticide or chemical--for the 19
period (if any) decided by Local Land Services after taking into 20
account any withholding period specified in the label registered 21
or approved under that Act or Code for the pesticide or chemical. 22
(4) In this clause: 23
warning sign means a weather-proof sign containing a prominent 24
warning that a pesticide or chemical is about to be, or has been, applied 25
to a controlled travelling stock reserve. 26
68 Local Land Services not liable for injury attributable to diseased 27
travelling stock 28
For the purposes of section 101 of the Act, notice is given that diseased 29
travelling stock have been walked over or grazed on a travelling stock 30
reserve or public road situated in a region if: 31
(a) notice is published in a newspaper circulating generally in the 32
region stating that stock infected with a disease specified in the 33
notice were walked over or grazed on the reserve or public road 34
on a date or during a period specified, and 35
(b) any stock permit issued by Local Land Services authorising a 36
person to walk or graze stock on the reserve or public road that 37
Local Land Services knows, or ought reasonably to know, are 38
susceptible to the disease concerned is endorsed with a prominent 39
statement that stock infected with the disease were walked over 40
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or grazed on the reserve or public road on a date or during a 1
period specified. 2
69 When may Local Land Services impound bees or beehives placed or 3
kept on controlled travelling stock reserve? 4
(1) For the purposes of section 102 (2) of the Act, an authorised officer 5
impounds bees or beehives placed or being kept on a controlled 6
travelling stock reserve by taking possession of the bees or beehives. 7
The bees or beehives continue to be impounded until released or 8
disposed of in accordance with this clause. 9
(2) The authorised officer may detain bees or beehives that are impounded 10
at the place where they were impounded or may remove them to any 11
land under agistment or to some other place owned or under the control 12
of Local Land Services and detain them at that place. 13
(3) As soon as practicable after an authorised officer impounds bees or 14
beehives under this clause, the authorised officer is to make all 15
reasonable inquiries to find the name and address of the person who 16
owns the bees or beehives. 17
(4) If the authorised officer knows or finds out the name and address of the 18
owner, Local Land Services is to notify the owner in writing that the 19
bees or beehives have been impounded and that unless they are claimed 20
within a period stated in the notice (ending not less than 7 days after the 21
notice is given) they will be sold or otherwise disposed of. 22
(5) Local Land Services may sell or otherwise dispose of bees or beehives 23
that have been impounded: 24
(a) if the name and address of the owner is not known or cannot be 25
found out--7 days after the bees or beehives were impounded, or 26
(b) if an impounding notice is given to the owner--if at the end of the 27
period stated in the notice the bees or beehives have not been 28
claimed. 29
(6) Local Land Services is to release the bees or beehives if a person whom 30
Local Land Services is satisfied on reasonable grounds is the owner (or 31
is authorised to claim them on the owner's behalf) claims the bees or 32
beehives within the period stated in the notice unless it declines to do so 33
under section 102 (3) of the Act. 34
Note. Local Land Services may decline to release impounded bees or beehives 35
if the prescribed impounding fee is not paid. 36
(7) For the purposes of section 102 (3) of the Act, the prescribed 37
impounding fee is $200. 38
(8) In this clause: 39
impounding notice means a notice given under subclause (4). 40
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70 Compliance with directions 1
(1) An authorised officer who suspects, on reasonable grounds, that a 2
person is committing or has committed an offence against the Act or this 3
Regulation on a travelling stock reserve may direct the person to leave 4
the reserve. 5
(2) A person who fails, without reasonable excuse, to comply with a 6
direction given under this clause is guilty of an offence. 7
Maximum penalty: 5 penalty units. 8
(3) If a person fails to comply with a direction given under this clause, the 9
authorised officer may use force (but no more than is necessary in the 10
circumstances) to remove the person from the reserve. 11
Division 4 Permits 12
71 Applications for permits 13
(1) An application for a permit is to be made to Local Land Services: 14
(a) orally, or 15
(b) in the approved form (if any) for the permit concerned. 16
(2) If an application is made orally, Local Land Services may request the 17
applicant to confirm the application in writing. 18
Note. If Local Land Services has delegated its functions relating to applications 19
to a member of the Board, a member of the staff of Local Land Services or an 20
authorised officer, the application may be made to that delegate. 21
(3) An application for a stock permit must be made at least 2 working days 22
before the stock enter, remain on, walk or graze on, or are moved by 23
vehicle over, a travelling stock reserve or public road in a region (unless 24
Local Land Services agrees to accept the application although it is not 25
made in that period). 26
Note. Section 79 of the Act requires an application to be made in accordance 27
with the regulations. Local Land Services need not process an application that 28
is not received at least 2 working days before it is required. 29
(4) Fee for issue of permit 30
For the purposes of section 79 (2) (c) and (d) (ii) of the Act, the 31
following fee (being a fee in respect of a stock permit that solely 32
authorises a person to graze stock on a public road or a stock permit that 33
solely authorises a person to graze stock on a controlled travelling stock 34
reserve) is prescribed: 35
(a) for small stock--$1 per day for each 10 or less small stock, 36
(b) for large stock (other than horses and camels)--$1 per day for 37
each animal, 38
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(c) for horses and camels--$2 per day for each animal. 1
(5) For the purposes of section 79 (2) (e) of the Act, the fee of $20 per year 2
is prescribed. 3
72 Refund of fees 4
Local Land Services may refund all or any part of a fee paid in respect 5
of a permit if the permit is cancelled or suspended. 6
73 Conditions of stock permits and reserve use permits 7
The holder of a permit must: 8
(a) produce the permit for inspection on demand by an authorised 9
officer, and 10
(b) comply with any reasonable request made, or direction given, by 11
an authorised officer. 12
Maximum penalty: 5 penalty units. 13
74 Rate of travel to be maintained 14
(1) The holder of a permit who is in charge of travelling stock that are 15
walking on a journey lasting more than 24 hours must ensure that the 16
stock travel towards their destination a distance of not less than 17
10 kilometres on each day. 18
Maximum penalty: 20 penalty units. 19
(2) A person is not guilty of an offence under subclause (1) if: 20
(a) the stock are prevented from travelling at the required travelling 21
rate due to bad weather, fire, flood or some other unforeseeable 22
circumstance, or 23
(b) approval for the stock to travel at a slower rate has been given 24
under subclause (3). 25
(3) An authorised officer may give approval for stock to travel at a slower 26
rate than the required travelling rate: 27
(a) if the stock are unfit to travel at the required travelling rate, or 28
(b) for any other reason the authorised officer considers appropriate. 29
(4) The approval may be given subject to such conditions as are specified 30
by the authorised officer. 31
(5) The authorised officer is to write details of the approval on the permit 32
concerned, together with any conditions subject to which the approval 33
is given. 34
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(6) If part of a mob consists of stock fit to travel at the required travelling 1
rate and other stock unfit to travel at that rate, an authorised officer may: 2
(a) order the unfit stock to be culled from the mob, or 3
(b) give approval, subject to such conditions as are specified by the 4
authorised officer, for those stock to travel at a slower rate. 5
(7) The person in charge of stock ordered to be culled under this clause 6
must ensure that the stock are immediately removed by vehicle or other 7
appropriate means from the public road or travelling stock reserve on 8
which they were travelling. 9
Maximum penalty: 10 penalty units. 10
(8) Fee for slower rate of travel 11
The fee payable for an approval to travel at a slower rate under this 12
clause is: 13
(a) for small stock--$4 per 100 head or less for each day of travel, 14
and 15
(b) for large stock--$4 per 10 or less large stock for each day of 16
travel. 17
(9) Any fee payable under subclause (8) is in addition to the fee payable 18
under clause 71 for the issue of a permit. 19
(10) The owner or person in charge of stock which travel at a slower rate than 20
the required travelling rate must ensure the appropriate fees are paid to 21
Local Land Services. 22
Maximum penalty: 10 penalty units. 23
Division 5 Miscellaneous 24
75 Removal of soil, gravel and other materials 25
(1) A person must not remove any water, soil, sand, clay or gravel or other 26
material from a travelling stock reserve. 27
Maximum penalty: 20 penalty units. 28
(2) This clause does not apply to any removal of water or any other material 29
authorised by or under the Act, any other Act or this Regulation. 30
76 Interest rate 31
For the purposes of section 97 (2) (c) of the Act, the prescribed rate of 32
interest is 2 per cent more than the Commonwealth Bank's overdraft 33
index rate as at 1 January in each year. 34
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77 Notice of exemption or cancellation of exemption 1
(1) For the purposes of section 105 (4) of the Act, the prescribed notice to 2
be given by Local Land Services is: 3
(a) if a person is exempted from the operation of Part 6 (Travelling 4
stock reserves and public roads) of the Act or a specified 5
provision of that Part (or if such an exemption is cancelled)--by 6
giving notice in writing to the person of the exemption or 7
cancellation, and 8
(b) if a class of persons is exempted from the operation of Part 6 of 9
the Act or a provision of that Part (or if such an exemption is 10
cancelled)--by publishing notice of the exemption or 11
cancellation in a newspaper circulating generally in the region. 12
(2) If an exemption is given to 2 or more occupiers of land or an exemption 13
given to 2 or more occupiers of land is cancelled, notice duly given to 14
any one of the occupiers under subclause (1) (a) is taken to have been 15
given to the other occupiers of the land. 16
Part 6 Stock watering places 17
78 Leases of stock watering places 18
For the purposes of section 111 (2) of the Act, the prescribed period is 19
15 years. 20
79 Supply of water 21
(1) For the purposes of section 112 (a) of the Act, the following classes of 22
persons are prescribed: 23
(a) persons requiring water for household purposes, 24
(b) a local authority or Government agency that has obtained the 25
approval of the controlling authority to use water from the stock 26
watering place in the construction, improvement or maintenance 27
of public roads, 28
(c) persons requiring water for personal use related to a commercial 29
purpose (such as supply of water to the patrons of a hotel, motel 30
or other place providing accommodation to the public), 31
(d) drivers of vehicles who require water for the operation of their 32
vehicles, 33
being persons who have paid the fee (if any, and not exceeding the 34
maximum determined by Local Land Services from time to time) 35
determined by the controlling authority to be payable for the purposes 36
of this subclause. 37
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(2) For the purposes of section 112 (a) of the Act, the following classes of 1
stock are prescribed: 2
(a) stock that are being agisted by the lessee of a stock watering place 3
in accordance with the terms of the lease, 4
(b) travelling stock that are subject to a stock permit, 5
(c) travelling stock that are subject to an order made or a permit 6
issued under the Stock Diseases Act 1923, 7
(d) horses that are accompanied by riders, 8
being stock in respect of which the fee (if any, and not exceeding the 9
maximum determined by Local Land Services from time to time) 10
determined by the controlling authority to be payable for the purpose of 11
this subclause has been paid. 12
(3) In this clause: 13
household purposes does not include gardening purposes or external 14
household purposes (such as window cleaning or house washing) but 15
includes protection from fire. 16
80 Offence to obtain water from stock watering place where depth below 17
specified level 18
If a depth measuring gauge installed by the controlling authority in a 19
tank or dam at a stock watering place indicates the water level is below 20
a mark indicated by the gauge a person must not: 21
(a) take, or assist another person to take, water from the tank or dam, 22
or 23
(b) fail to take all reasonable steps to prevent any stock in the 24
person's charge from drinking water from the tank or dam. 25
Maximum penalty: 10 penalty units. 26
Part 7 Impounding of unattended and trespassing 27
stock and abandoned articles 28
81 Unattended stock 29
For the purposes of section 115 (b) of the Act, stock are not unattended 30
for the purposes of section 9 (2) (d) and 32 (3) (d) of the Impounding 31
Act 1993 in the following circumstances: 32
(a) if stock are unattended because of an emergency preventing the 33
person in charge of the stock from attending the stock, 34
(b) if the stock are unattended while the person in charge of the stock 35
is moving a stock warning sign or taking other action necessary 36
for the wellbeing of the stock or required by law. 37
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Part 8 Transportation of stock by vehicle 1
82 Stock 2
For the purposes of Part 9 of the Act, the following animals are declared 3
to be stock: 4
(a) goats, 5
(b) horses, 6
(c) Bison bison (commonly known as American Bison, Plains Bison, 7
Wood Bison, Woodland Bison or Buffalo), 8
(d) Bubalus bubalis (commonly known as Domestic Water Buffalo, 9
Water Buffalo or Asian Water Buffalo), 10
(e) Camelus dromedarius (commonly known as Dromedary Camel, 11
Dromedary, One-humped Camel or Arabian Camel), 12
(f) Antilope cervicapra (commonly known as Blackbuck), 13
(g) Bos javanicus (commonly known as Banteng, Tembadau or 14
Tsaine), 15
(h) Lama guanicoe (commonly known as Guanaco). 16
83 Stock transportation particulars 17
For the purposes of section 119 (1) (h) of the Act, the following 18
particulars are prescribed: 19
(a) the name and telephone number of the person in charge of the 20
stock while the stock are being transported, 21
(b) the vehicle registration number of any vehicle transporting the 22
stock. 23
84 Other circumstances when restrictions on transport of stock by vehicle 24
on road do not apply 25
For the purposes of section 120 (5) (d) of the Act, the following are 26
prescribed as circumstances in which section 120 of the Act does not 27
apply to the transport of stock by vehicle on a road: 28
(a) when horses are being transported to or from any agricultural 29
show, exhibition, gymkhana, pony club meeting or similar 30
function, 31
(b) when racehorses or harness racing horses are being transported 32
from one place to another, 33
(c) when horses are moved to or from any place for use as working 34
horses. 35
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Part 9 Pests 1
85 Minister to consult before making certain pest control orders 2
The following persons and organisations are prescribed for the purposes 3
of section 131 (2) of the Act: 4
(a) the NSW Pest Animal Council, 5
(b) the Game Council of New South Wales, but only in relation to a 6
game animal listed in Part 1 of Schedule 3 to the Game and Feral 7
Animal Control Act 2002. 8
86 Requests by Local Land Services for making of pest control orders 9
The Game Council of New South Wales is prescribed for the purposes 10
of section 132 (3) of the Act, but only in relation to a game animal listed 11
in Part 1 of Schedule 3 to the Game and Feral Animal Control Act 2002. 12
Part 10 Powers of authorised officers 13
87 Identification 14
For the purposes of section 169 (4) (f) of the Act, the prescribed person 15
is the following: 16
(a) if the authorising authority is Local Land Services--the Chair of 17
the Board of Chairs or a delegate of the Chair, 18
(b) if the authorising authority is the Minister--the Minister or a 19
delegate of the Minister, 20
(c) if the authorising authority is the Director-General--the 21
Director-General or a delegate of the Director-General. 22
88 Penalty notices for certain offences 23
(1) For the purposes of section 189 of the Act: 24
(a) each offence created by a provision specified in Column 1 of 25
Schedule 2 is prescribed as a penalty notice offence, and 26
(b) the prescribed penalty for each such offence is the corresponding 27
amount specified in Column 2 of Schedule 2. 28
(2) If the reference to a provision in Column 1 of Schedule 2 is qualified by 29
words that restrict its operation to specified kinds of offences, an 30
offence created by the provision is a prescribed offence only if it is an 31
offence of a kind so specified or committed in the circumstances so 32
specified. 33
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Part 11 Eligibility for election or appointment of 1
members of local boards 2
89 Definition 3
In this Part: 4
relevant day means the following: 5
(a) for an election--the closing day for the nomination of candidates 6
for the election, 7
(b) for an appointment--the day on which the appointment takes 8
effect. 9
90 Required expertise, knowledge or skills of members of local boards: 10
section 27 (4) 11
An appointed member of a local board must possess, in the opinion of 12
the Minister, expertise, knowledge or skills (as demonstrated by 13
relevant qualifications or experience) in one or more of the following 14
areas: 15
(a) leadership, strategic planning and management, 16
(b) community participation, regional service delivery and working 17
with industry, government and other partners, 18
(c) audit, financial control and reporting and risk management, 19
(d) primary industries or providing services to support this sector, 20
(e) contemporary biosecurity programs in animal and plant health, 21
pest and weed management, 22
(f) emergency management, especially biosecurity and natural 23
disaster emergencies, 24
(g) natural resource management and biodiversity conservation, 25
(h) working with Aboriginal groups and communities, 26
(i) local government. 27
91 Eligibility for election as a member of a local board: section 27 (5) 28
A person is eligible for election as a member of a local board for a 29
region only if the person's principal place of residence is in the region. 30
92 Ineligibility for election as a member of a local board: section 27 (5) 31
A person is not eligible for election as a member of a local board for a 32
region if, on the relevant day: 33
(a) the person is a member of any other local board, or 34
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(b) the person has nominated as a candidate for an election as 1
member of a local board for another region, being an election that 2
has not yet been determined, or 3
(c) the person has served the maximum term of office as a member 4
as specified under clause 2 of Schedule 2 to the Act. 5
93 Eligibility for election or appointment as a member of a local board: 6
section 27 (5) 7
A person is eligible for election or appointment as a member of a local 8
board if, on the relevant day, the person: 9
(a) is 18 or more years of age, and 10
(b) is not ineligible for election by operation of section 27 (5) of the 11
Act, and 12
(c) is not a member of staff of Local Land Services. 13
94 Ineligibility for election or appointment as a member of a local board: 14
section 27 (5) 15
A person is not eligible for election or appointment as a member of a 16
local board for a region if, at any time during the 4 year period preceding 17
the relevant day, the person had been removed from office as a member 18
of a local board. 19
95 Matter for consideration for appointment of members of local boards: 20
section 27 (6) (b) 21
In appointing a member of a local board, the Minister is to have regard 22
to the principle that a person appointed as a member of a local board 23
should, if possible, reside in the local board's region. 24
Note. See Schedule 1 for provisions governing elections for members of local boards. 25
Part 12 Stock identification 26
96 Definitions 27
In this Part: 28
authorised stock identifier means a brand, mark or other means of 29
identifying stock specified as the authorised stock identifier for 30
particular stock or a class of stock by a stock identification order. 31
stock identification order means an order under clause 97 (2). 32
stock identification scheme means a scheme established under 33
clause 97 (1). 34
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97 Stock identification scheme 1
(1) Local Land Services may establish a scheme or schemes for 2
identification of stock (whether on a compulsory or voluntary basis). 3
(2) Local Land Services may, by order published in the Gazette, for the 4
purposes of a stock identification scheme: 5
(a) specify brands, marks or other means of identifying particular 6
stock or a class of stock as the authorised stock identifiers for the 7
specified stock or class of stock, and 8
(b) require devices for applying authorised stock identifiers to be 9
constructed to specifications described in the order, and 10
(c) specify a distinctive manner of application of authorised stock 11
identifiers, and 12
(d) require the compulsory identification of stock by the owner or 13
person in charge of specified stock or a class of stock by 14
authorised stock identifiers, applied in such a manner and in such 15
circumstances as are specified by Local Land Services, and 16
(e) require approval to be obtained from Local Land Services before 17
stock are identified (whether on a compulsory or a voluntary 18
basis) by application of authorised stock identifiers, and 19
(f) require the keeping of records and compilation of data relating to 20
stock identified under the scheme, and 21
(g) make any other provision necessary to give effect to the scheme. 22
98 Offences relating to stock identification schemes 23
(1) A person required to identify stock by a stock identification order who 24
fails, without reasonable excuse, to identify stock in accordance with 25
any requirement of the order is guilty of an offence. 26
(2) A person who applies a brand, mark or other means of identifying stock 27
to identify stock on a voluntary basis who fails without reasonable 28
excuse: 29
(a) to use the authorised stock identifier for the stock or class of stock 30
concerned, or 31
(b) to apply the means of identification in the manner specified by a 32
stock identification order, 33
is guilty of an offence. 34
(3) A person given approval by Local Land Services to apply authorised 35
stock identifiers to stock or a class of stock in accordance with a stock 36
identification order who applies a means of identifying stock other than 37
the authorised stock identifier to stock is guilty of an offence unless the 38
means of identification applied is authorised by another law. 39
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(4) A person must not apply any brand, mark or other means of identifying 1
stock to stock that the person does not own unless: 2
(a) the brand, mark or means of identifying the stock is applied with 3
the consent of the owner of the stock, or 4
(b) the person is authorised under a stock identification scheme to 5
apply the brand, mark or means of identifying the stock. 6
(5) A person who constructs a device for applying an authorised stock 7
identifier otherwise than in accordance with the specifications 8
described for the device in a stock identification order is guilty of an 9
offence. 10
(6) A person who alters, destroys, defaces or otherwise interferes with an 11
authorised stock identifier applied in accordance with the requirements 12
of a stock identification scheme is guilty of an offence. 13
Maximum penalty: 50 penalty units. 14
Part 13 Miscellaneous 15
99 Certificate as to rates, charges and other matters 16
(1) For the purposes of section 203 of the Act, the following are prescribed 17
as matters in respect of land in a region as to which a person may apply 18
to Local Land Services for a certificate: 19
(a) whether or not any orders have been issued by Local Land 20
Services under the Act or by an authority under the repealed Acts 21
in respect of the land, 22
(b) whether the annual returns in respect of the land required to be 23
lodged under the Act or the repealed Acts in the current and 24
previous year have been lodged, 25
(c) whether or not any rates or charges are owing in respect of the 26
land, 27
(d) whether or not any orders issued in respect of the land under the 28
Stock Diseases Act 1923 or the Stock (Chemical Residues) Act 29
1975 are in force and, if any order is in force, details of the order. 30
(2) For the purposes of section 203 of the Act, the prescribed fee is as 31
follows: 32
(a) for an application referred to in subclause (1) (a), (b) or (c), or 33
two or more of those paragraphs--$60, 34
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(b) for an application relating to any catchment contribution in 1
respect of land, the amount equal to the approved fee charged for 2
a certificate under section 603 of the Local Government Act 1993 3
by the local council for the local government area in which the 4
land is located, 5
(c) in any other case--$60. 6
(3) In this clause, repealed Acts means the Rural Lands Protection Act 7
1998 and the Catchment Management Authorities Act 2003, as in force 8
immediately before the repeal of those Acts by the Act. 9
100 Nuisance animals 10
Local Land Services, at the request of the owner or occupier of a 11
holding, may carry out any activity it considers necessary to control any 12
animal (other than a pest within the meaning of Part 10 of the Act) 13
causing a nuisance on the holding. 14
101 Emergency management 15
(1) Without limiting section 14 (3) of the Act, Local Land Services may 16
carry out such activities as it considers appropriate to protect land and 17
animals, and to provide assistance to protect land and animals, from 18
harm caused by drought or other natural disaster. 19
(2) The Minister may from time to time request Local Land Services to 20
provide the Minister with seasonal and pastoral condition information 21
concerning land in the State or specified land. 22
102 Existing stock warning signs 23
Any stock warning sign displayed for the purposes of this Regulation 24
that, if displayed (or if it had been displayed) immediately before the 25
repeal of the Rural Lands Protection Regulation 2010, complied (or 26
would have complied) with that Regulation is taken to be a stock 27
warning sign approved by the roads authority, or person authorised by 28
the roads authority, for the purposes of this Regulation. 29
103 Writing off of charges 30
(1) Local Land Services may waive payment of, and write off, the whole or 31
any part of any charge payable to it under the Act or this Regulation. 32
(2) Action under this clause may be taken in a particular case or class of 33
cases. 34
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104 Certificate relating to animal 1
(1) An authorised officer may sign a certificate stating that an animal to 2
which the certificate relates is an animal of the kind specified in the 3
certificate. 4
(2) In any proceedings for an offence under this Regulation, a certificate 5
purporting to be signed by an authorised officer stating that an animal 6
to which the proceedings relate is an animal of the kind specified in the 7
certificate is admissible in those proceedings as evidence that the animal 8
is of that kind. 9
Schedule 1 Elections for members of local boards 10
Part 1 Preliminary 11
1 Definitions 12
In this Schedule: 13
candidate means a candidate for election as a member. 14
close of enrolments means the date and time fixed by the returning 15
officer by which people must be included in the roll for the election. 16
close of nominations for an election means the final time and date fixed 17
by the returning officer under clause 12 for the close of nominations for 18
the election. 19
close of the ballot for an election means the final date and time fixed by 20
the returning officer for the close of the ballot for the election. 21
election means election of a person to hold office as a member of a local 22
board. 23
enrolled means enrolled in accordance with this Schedule as an elector 24
in respect of a region. 25
enrolment officer means the enrolment officer appointed by Local 26
Land Services for a local board under this Schedule. 27
local board election means an election for a member or members of a 28
local board. 29
returning officer means the person appointed by Local Land Services 30
to be the returning officer for a local board election under this Schedule. 31
roll for an election means the roll referred to in clause 3. 32
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2 Returning officer 1
(1) Local Land Services is to appoint a person as a returning officer for each 2
local board election under this Schedule. A person may be appointed as 3
returning officer for local board elections in more than one region at the 4
same time. 5
(2) The returning officer is to conduct the election for which the returning 6
officer was appointed. 7
(3) For the purposes of conducting an election, the returning officer may 8
determine any matter not provided for by the Act or this Regulation. 9
(4) The returning officer may delegate any of his or her functions under this 10
Schedule (other than this power of delegation) to any other person other 11
than a candidate in an election. 12
3 Local Land Services to establish and maintain an electors' roll 13
(1) Local Land Services is to appoint a member of staff of Local Land 14
Services as an enrolment officer for each region. A person may be 15
appointed as an enrolment officer for more than one region. 16
(2) The enrolment officer for a region is to: 17
(a) establish and maintain a roll for the region, and 18
(b) keep the roll updated in accordance with this Schedule. 19
(3) A roll is to contain the following: 20
(a) the full name and postal address of each person enrolled in 21
respect of a holding that is in a region, 22
(b) particulars identifying the holding. 23
(4) Local Land Services is to ensure that a copy of each roll is publicly 24
available for inspection free of charge. 25
(5) The enrolment officer for a region, for the purposes of the first election 26
of members of the local board after the commencement of this clause, 27
may compile a roll for the election that is based on information 28
contained in any roll maintained under clause 11 of Schedule 2 to the 29
Rural Lands Protection Act 1998 immediately before that Act's repeal. 30
Part 2 Enrolment and entitlement to vote 31
4 Electors to be enrolled voters 32
(1) The elected members of a local board for a region are to be elected by 33
the persons who are enrolled to vote in an election. 34
(2) Voting at any such election is voluntary. 35
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5 Entitlement to vote at an election 1
A person is entitled to vote at an election for the members of a local 2
board for a region if, on the date of the close of enrolments, the person 3
is enrolled, in accordance with this Schedule, as an elector for the 4
region. 5
6 Which persons may be enrolled 6
(1) Enrolment is voluntary. 7
(2) A maximum of one person is to be enrolled in respect of each holding 8
that is situated within a region. 9
(3) A person may be enrolled in respect of a holding only if: 10
(a) the holding consists wholly or partly of rateable land, and 11
(b) the person is an individual who is 18 or more years old. 12
(4) The following persons may be enrolled in respect of a holding: 13
(a) an individual who is the only occupier of the holding, 14
(b) if more than one individual is the occupier of a holding, the 15
individual nominated in accordance with clause 8, 16
(c) in the case where the occupier of the holding is a corporation-- 17
the individual who has been nominated for the holding by the 18
corporation in accordance with clause 8. 19
(5) A person is not to be enrolled in respect of more than one holding within 20
a region. 21
7 Application for enrolment 22
(1) A person may apply to be enrolled in respect of the holding as an elector 23
for the region. 24
(2) An application under this clause is to be in writing in the approved form 25
and is to be given to Local Land Services. 26
Note. See section 210 (Service of documents) of the Act. 27
8 Nomination of electors for holding 28
(1) If more than one individual is an occupier of a holding in a region, those 29
occupiers may nominate one of those individuals as the person to be 30
enrolled in respect of the holding as an elector for the region. 31
(2) A corporation that is the occupier of a holding within a region may 32
nominate an individual as the person to be enrolled in respect of the 33
holding. 34
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(3) A nomination under this clause is to be in writing in the approved form 1
and is to be given to Local Land Services. 2
Note. See section 210 (Service of documents) of the Act. 3
(4) A nomination under this clause is, if signed by the nominated 4
individual, taken to be an application to be enrolled. 5
(5) In this clause, holding means a holding that consists wholly or partly of 6
rateable land. 7
9 Objections to enrolment where not related to validity of election 8
(1) Any person who is enrolled on a roll may object to the relevant 9
enrolment officer to the inclusion or exclusion of the name of any 10
person on or from the roll. 11
(2) An objection must be made in the approved form. 12
(3) The enrolment officer must send particulars of an objection to the 13
person to whom the objection relates (if the objector is not that person). 14
(4) The person to whom an objection relates may lodge a written reply with 15
the enrolment officer within 30 days after the date on which particulars 16
of the objection were sent to that person. 17
(5) The enrolment officer must consider each objection, and any reply 18
received within that 30-day period, and may make such inquiries as the 19
enrolment officer thinks fit. 20
(6) The enrolment officer may decide to accept or reject an objection. 21
(7) The enrolment officer must inform the person to whom the objection 22
relates, and the objector (if the objector is not that person), in writing, 23
of the enrolment officer's decision. 24
(8) The enrolment officer must amend the relevant roll if necessary to give 25
effect to the enrolment officer's decision. 26
(9) The enrolment officer may require a person who lodges an objection, or 27
who replies to an objection, to verify the objection or reply by statutory 28
declaration. 29
Part 3 Conduct of elections 30
Division 1 Requirement to hold elections 31
10 Regular general elections to be held 32
A general election of elected members of local boards is to be held: 33
(a) to enable elected members to take office at or as soon as 34
practicable after the commencement of the Act, and 35
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(b) whenever the term of office of the elected members of local 1
boards expire. 2
11 Delayed election 3
(1) If the Minister is of the opinion that it would be impractical or 4
inconvenient to hold a general election of the elected members of any 5
local board in time for the members to take office when required by 6
clause 10 (b), the Minister may, by order published in the Gazette, 7
appoint a later day by which a general election must be held. 8
(2) If a later day is appointed under this clause, the retiring elected members 9
continue in office until that day, and if an elected member resigns in the 10
meantime, his or her office is vacant until that day. 11
Division 2 Calling of elections 12
12 Notice of elections 13
(1) As soon as practicable after it has been determined in accordance with 14
the Act or this Regulation that an election is required to be held, notice 15
of that fact is to be given to the returning officer by Local Land Services. 16
(2) The notice is to specify the date on which the ballot for the election is 17
to be held and is to be given to the returning officer at least 60 days 18
before that date. 19
(3) The returning officer must give notice that an election is to be held by: 20
(a) causing notice to be published: 21
(i) on the website of Local Land Services, or 22
(ii) in one or more local newspapers that, individually or 23
collectively, circulate generally throughout the region 24
concerned, and 25
(b) displaying a notice in a prominent place in the office of the local 26
board concerned or on a community notice board at a public place 27
within the region, and 28
(c) sending a notice to each ratepayer in the region. 29
(4) Notice under subclause (3) must: 30
(a) state that the election is to be held and specify the region 31
involved, and 32
(b) state the number of persons to be elected, and 33
(c) call for nominations of candidates, and 34
(d) state the time and date fixed by the returning officer for the close 35
of nominations, and 36
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(e) state where nomination forms may be obtained and where 1
nominations may be lodged, and 2
(f) state where copies of the roll for the election may be inspected, 3
and 4
(g) state the date and time fixed for the close of enrolments for the 5
election, and 6
(h) state the date and time fixed for the close of the ballot. 7
(5) The close of nominations must not be less than 30 days before the close 8
of the ballot. 9
(6) The close of enrolments must be not less than 10 days before the close 10
of the ballot for the election. 11
Division 3 Nominations for election 12
13 Eligibility for nomination 13
Any person eligible for election as a member of a local board under the 14
Act or this Regulation is eligible for nomination as a candidate for an 15
election. 16
14 Nomination of candidates 17
(1) Any occupier of rateable land in a region who is 18 or more years of age 18
may nominate a person (including himself or herself) as a candidate for 19
an election for that region. 20
(2) A nomination of a candidate: 21
(a) must be in the manner and form approved by Local Land Services 22
(including any electronic manner and form), and 23
(b) must contain a statement signed by the candidate: 24
(i) that the candidate consents to the nomination, and 25
(ii) whether the candidate has expertise, knowledge or skills 26
(including any relevant qualifications or experience) in the 27
areas prescribed in clause 90 of this Regulation for 28
appointed members, and 29
(c) must be lodged with the returning officer before the close of 30
nominations. 31
(3) Each candidate must be nominated on a separate nomination paper. 32
15 Acceptance of nomination 33
On receipt of the nomination, the returning officer must endorse on it 34
the date and time of receipt. 35
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16 Withdrawal of nomination proposals 1
(1) A candidate who has been nominated in an election may withdraw the 2
nomination. 3
(2) A withdrawal of nomination must: 4
(a) be in writing, and 5
(b) contain a statement, signed by the candidate, stating that the 6
candidate withdraws the nomination, and 7
(c) be lodged with the returning officer before the close of 8
nominations. 9
Note. Clause 49 of this Schedule makes provision for circumstances in which a 10
candidate dies after close of nominations and before close of the ballot. 11
17 Uncontested elections 12
If the number of persons who have been duly nominated as candidates 13
by the close of nominations does not exceed the number of persons to 14
be elected, each of those persons is, without a ballot being held, taken 15
to be elected. 16
18 Contested elections 17
If the number of persons who have been duly nominated as candidates 18
by the close of nominations exceeds the number of persons to be 19
elected, a ballot must be held. 20
19 Electoral roll to be provided to returning officer 21
As soon as practicable after it becomes apparent to the returning officer 22
that a ballot must be held for an election for a local board for a region, 23
the returning officer must notify Local Land Services: 24
(a) that a ballot is to be held for the election, and 25
(b) that an electoral roll for the election is required. 26
20 Types of ballot 27
An election that is a contested election is to be conducted by: 28
(a) distributing ballot papers by post, or 29
(b) requiring eligible voters to access a voting website, between 30
specified dates and times, in order to vote in the election, 31
as determined by Local Land Services. 32
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21 Electoral system 1
(1) If a ballot must be held, the voting system is to be the "first past the 2
post" method, that is, the candidate or candidates with the most votes is 3
or are taken to be elected. 4
(2) If the number of candidates to be elected cannot be determined because 5
of an equality of votes, the candidate taken to be elected is the candidate 6
whose name is drawn from a lot containing the names of each of the 7
candidates having equal votes. 8
22 Candidate information sheets 9
(1) At any time before the close of nominations, a candidate may submit to 10
the returning officer a statement of no more than 500 words containing 11
information intended for inclusion in a candidate information sheet. 12
(2) The information that may be included in such a statement is as follows: 13
(a) the nominee's name, 14
(b) the nominee's residential address, 15
(c) the nominee's current occupation or position, 16
(d) the nominee's qualifications, 17
(e) the nominee's employment experience, 18
(f) membership or positions held in any organisation by the 19
nominee, 20
(g) if the nominee has the expertise, knowledge or skills (including 21
any relevant qualifications or experience) in an area prescribed in 22
clause 90 for appointed members, a description of that expertise, 23
knowledge or skill, 24
(h) any other information the nominee thinks relevant. 25
(3) If a ballot is to be held, the returning officer must compile a candidate 26
information sheet consisting of the information submitted by the 27
candidate. 28
(4) In compiling a candidate information sheet, the returning officer may 29
omit (or, with the consent of the candidate, correct) so much of the 30
information submitted by the candidate: 31
(a) as the returning officer considers to be false or misleading, or 32
(b) as the returning officer considers to be inappropriate for inclusion 33
in the candidate information sheet, or 34
(c) as exceeds 500 words. 35
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(5) If a candidate does not submit any information, the returning officer 1
may, in compiling the candidate information sheet, include in respect of 2
the candidate the words "NO INFORMATION RECEIVED". 3
(6) The names of the candidates must be listed on the candidate information 4
sheet in the same order as they are listed on the ballot paper or electronic 5
ballot for the election. 6
Division 4 Postal ballot 7
23 Preparing and sending ballot papers 8
(1) The returning officer must prepare ballot papers that contain: 9
(a) instructions for completing the voting paper, and 10
(b) the names of all candidates for election, arranged in an order 11
determined by drawing lots, and 12
(c) a box opposite and to the left of the name of each candidate. 13
(2) The returning officer must send the following to each enrolled voter, at 14
the voter's address as listed on the roll: 15
(a) a ballot paper prepared in accordance with subclause (1), 16
(b) a notice describing: 17
(i) how the ballot paper must be completed, and 18
(ii) the closing date of the ballot, and 19
(iii) the address where the ballot paper is to be returned to the 20
returning officer, 21
(c) a summary of information about each candidate, if provided 22
under clause 22, 23
(d) a declaration form requiring the voter to state: 24
(i) his or her name, and 25
(ii) that he or she is entitled to vote, and 26
(iii) that he or she is an occupier of rateable land within the 27
region or the nominee of a corporation that is an occupier 28
of rateable land within the region, 29
(e) 2 envelopes, one marked "Voting Paper" and the other a 30
returning envelope addressed to the returning officer. 31
24 Marking and returning ballot papers 32
(1) Voters must vote by marking the ballot paper with a tick or cross or the 33
number "1" next to the name of the voter's preferred candidate. 34
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(2) Voters must, after completing the ballot paper: 1
(a) enclose and seal that ballot paper in the envelope marked "Voting 2
Paper", and 3
(b) enclose and seal that envelope in the returning envelope 4
addressed to the returning officer, together with the signed 5
declaration to be given under clause 23 (2) (d), and 6
(c) send by post or deliver the envelope to the returning officer so 7
that the returning officer receives it no later than the closing date 8
of the ballot. 9
(3) The returning officer must ensure that all ballot papers received are 10
stored securely until the counting of votes begins. 11
25 Ascertaining result of ballot 12
(1) The result of a ballot for an election is to be ascertained by the returning 13
officer as soon as practicable after the close of the ballot. 14
(2) At least one scrutineer, whether nominated by the candidate or 15
otherwise, is to be present during the ballot for an election. 16
(3) Each candidate at an election may nominate one person to be a 17
scrutineer at the election. 18
(4) A candidate for election may not act as a scrutineer. 19
26 Informal ballot papers 20
(1) A ballot paper of an elector at an election is informal if: 21
(a) the elector has failed to record a vote in the manner directed on it, 22
or 23
(b) it has not been initialled on the back by the returning officer, or 24
(c) it contains a mark or writing which, in the returning officer's 25
opinion, would enable the elector to be identified. 26
(2) Despite subclause (1), a ballot paper of an elector at an election is not 27
informal by virtue of the existence of an unnecessary mark on the ballot 28
paper if, in the opinion of the returning officer, the elector's intention is 29
clearly indicated on the ballot paper. 30
27 Initial scrutiny and count 31
(1) On the close of the ballot for an election the returning officer must, in 32
the presence of any scrutineers who are present: 33
(a) examine the envelopes marked "Voting Paper", and 34
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(b) reject as informal those that, in the opinion of the returning 1
officer, do not comply with the requirements of this Schedule, 2
and 3
(c) proceed to count the ballot papers in the remaining envelopes. 4
(2) After the scrutiny at an election, the returning officer must: 5
(a) count the votes recorded for each candidate and the informal 6
votes, and 7
(b) ascertain the results of the count in accordance with clause 21, 8
and 9
(c) inform the persons present of the result of the count. 10
28 Recount 11
(1) Any candidate present when the returning officer declares the result of 12
the count at an election may request a recount of the ballot papers. 13
(2) If such a request is made, the returning officer must again have the 14
papers scrutinised and counted and is to inform the persons present of 15
the results of the recount. 16
Division 5 Electronic ballot 17
29 Conduct of electronic ballot 18
(1) In the case of a ballot that is conducted by requiring enrolled voters to 19
access a voting website, the returning officer is to ensure that each 20
enrolled voter is provided with all necessary information required in 21
order to vote in the election, including: 22
(a) the internet address of the voting website, and 23
(b) the passwords (if any) required to access the voting website, 24
not less than 14 days before the close of the electronic ballot. 25
(2) The returning officer is to ensure that computer and internet facilities 26
are made available free of charge at the office of the local board in order 27
to provide each enrolled voter with an opportunity to access the voting 28
website. 29
(3) The returning officer may make additional arrangements to ensure that 30
each enrolled voter has an opportunity to access the voting website. 31
30 Material to accompany electronic ballot 32
The voting website must provide: 33
(a) instructions for voting, and 34
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(b) a method to enable the voter to make a declaration stating: 1
(i) his or her name, and 2
(ii) that he or she is entitled to vote, and 3
(iii) that he or she is an occupier of rateable land within the 4
region or the nominee of a corporation that is an occupier 5
of rateable land within the region, and 6
(c) any other information that the returning officer considers 7
appropriate to include. 8
31 Contents of electronic ballot 9
(1) The voting website is to contain the names of the candidates in the order 10
determined by the returning officer. 11
(2) The order of the candidates on the voting website must be determined 12
randomly. 13
32 Method of electronic voting 14
(1) Each voter who wishes to vote is to mark the electronic ballot form by 15
typing a tick or a cross or a "1" opposite the name of the voter's 16
preferred candidate. 17
(2) The voter must then send the electronic ballot form to the returning 18
officer in the manner described in the instructions for voting detailed on 19
the voting website. 20
33 Procedure on close of electronic ballot 21
When the electronic ballot is closed, and not before, the returning 22
officer must, in the presence of those scrutineers who choose to be 23
present: 24
(a) review all information and reports about the electronic ballot, and 25
(b) ascertain the results of the electronic ballot in accordance with 26
clause 21, and 27
(c) inform the persons present of those results. 28
34 Informal electronic vote 29
(1) An electronic vote is informal if the voter has not indicated a clear 30
preference for at least one candidate. 31
(2) The voting website is to provide a warning message to any person 32
casting an informal electronic vote that their proposed vote is informal 33
prior to that person sending their electronic vote to the returning officer. 34
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(3) Each informal electronic vote is to be recorded by the voting website as 1
an informal vote and the voting website is to count the formal electronic 2
votes. 3
Division 6 Declaration of election result 4
35 Declaring the election 5
(1) As soon as practicable after counting the votes in an election, the 6
returning officer is to notify Local Land Services and the enrolment 7
officer for the region, in writing, of the candidate or candidates elected. 8
(2) The enrolment officer is to cause notice of the candidate or candidates 9
elected in the election to be published: 10
(a) on the Local Land Services website, or 11
(b) in one or more local newspapers that, individually or collectively, 12
circulate generally throughout the region concerned. 13
36 Method of disputing elections and returns 14
(1) A person who is dissatisfied with the following may dispute the validity 15
of an election by an application made to the Land and Environment 16
Court, and not otherwise: 17
(a) the conduct of the election, 18
(b) any decision of an enrolment officer under this Part (including a 19
decision to include or exclude a person's name in or from a roll). 20
(2) An application to the Land and Environment Court under subclause (1) 21
must set out the facts relied on to invalidate the election. 22
(3) Any person may make an application to the Court under this clause 23
within 28 days after the enrolment officer has publicly declared the 24
result of the election that is the subject of the application. 25
37 Powers of Land and Environment Court 26
In determining an application under clause 36, the Land and 27
Environment Court has the same powers as are conferred by section 161 28
of the Parliamentary Electorates and Elections Act 1912 on the Court 29
of Disputed Returns. 30
38 Right of enrolment officer to be represented 31
The enrolment officer is entitled to be represented at the hearing of an 32
application under clause 36. 33
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39 Procedure 1
(1) The procedure of the Land and Environment Court on an application 2
under clause 36 is to be determined by rules of court, or in the absence 3
of rules of court, by the Court or a judge of the Court. 4
(2) The Land and Environment Court is not bound by the rules or practice 5
of evidence and can inform itself on any matter in such manner as it 6
considers appropriate. 7
Division 7 Offences 8
40 Misconduct in voting 9
A person must not: 10
(a) vote, or attempt to vote, more times than a person's voting 11
entitlement allows in an election, or 12
(b) vote, or attempt to vote, in any election in which the person is not 13
entitled to vote, or 14
(c) make a false or misleading statement: 15
(i) to the returning officer in connection with any election, or 16
(ii) in any document that the person furnishes for the purposes 17
of any election. 18
Maximum penalty: 10 penalty units. 19
41 Obstruction of electoral officials 20
A person must not abuse, hinder or obstruct the returning officer or a 21
scrutineer in the exercise of his or her functions. 22
Maximum penalty: 10 penalty units. 23
42 Misconduct by scrutineers 24
(1) A scrutineer must not: 25
(a) interfere with or influence an elector in an election, or 26
(b) at the counting of a ballot, communicate with any person except 27
as necessary to carry out the scrutineer's functions. 28
(2) A scrutineer must obey the lawful directions of the returning officer. 29
Maximum penalty: 10 penalty units. 30
43 Breach of secrecy 31
The returning officer or a scrutineer who knows how a particular elector 32
has voted must not disclose that knowledge. 33
Maximum penalty: 10 penalty units. 34
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44 Stuffing ballot boxes 1
(1) A person must not place in a ballot box a ballot paper that the person 2
knows has not been lawfully issued to an elector. 3
Maximum penalty: 10 penalty units. 4
(2) An elector must not place in the ballot box a paper or other thing other 5
than the ballot paper and envelope issued to him or her. 6
Maximum penalty: 10 penalty units. 7
45 Bribery 8
A person must not, in relation to an election or an elector at such an 9
election, do any of the things set out in section 147 of the Parliamentary 10
Electorates and Elections Act 1912. 11
Maximum penalty: 10 penalty units. 12
46 Treating 13
A candidate at an election must not, in relation to the election, do any of 14
the things set out in section 149 of the Parliamentary Electorates and 15
Elections Act 1912. 16
Maximum penalty: 10 penalty units. 17
47 Intimidation 18
A person must not, in relation to an election or an elector at such an 19
election, do any of the things set out in section 151 of the Parliamentary 20
Electorates and Elections Act 1912. 21
Maximum penalty: 10 penalty units. 22
Division 8 Miscellaneous 23
48 Decisions of returning officer final 24
If the returning officer is permitted or required by this Regulation to 25
make a decision on any matter relating to the taking of a ballot in any 26
election, the decision of the returning officer on that matter is final. 27
49 Death of candidate 28
If a candidate dies after the close of nominations and before the close of 29
the ballot in an election: 30
(a) the returning officer is to cause notice of the death to be published 31
in one or more local newspapers that, individually or collectively, 32
circulate generally throughout the region concerned, and 33
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(b) all proceedings after the returning officer was notified that an 1
election was required to be held are of no effect and must be 2
undertaken again. 3
50 Election not contested or otherwise fails 4
If no person is nominated at an election, or if for any other reason an 5
election fails, the Minister may appoint a person eligible for election to 6
be a member, and the person, on being appointed, is taken to be a person 7
elected in accordance with this Schedule. 8
51 Security of election materials--postal ballots 9
(1) After the results of a postal ballot election are declared, the returning 10
officer is to parcel the marked and any unmarked ballot papers, the roll 11
and other papers or envelopes used in the election. 12
(2) The returning officer is to seal, endorse and sign each parcel, and to 13
allow any scrutineers entitled to be present to watch the returning 14
officer carry out those actions and countersign the parcel. 15
(3) The returning officer is to have the parcels kept securely for 12 months 16
after the election, and then destroyed. 17
(4) If a court so directs, or any legislation so requires or permits, the 18
returning officer is to allow any person to inspect any of the election 19
materials, except the sealed parcels of marked ballot papers. 20
52 Security of election materials--electronic ballots 21
(1) After the results of an electronic ballot election are declared, the 22
returning officer is to keep any electronic files and hard copies of papers 23
and materials safe and secure for at least 12 months after the election. 24
(2) If a court so directs, or any legislation so requires or permits, the 25
returning officer is to allow any person to inspect any of the election 26
materials. 27
Schedule 2 Penalty notice offences 28
(Clause 88) 29
Part 1 Prescribed offences under the Act 30
Column 1 Column 2
Section Penalty ($)
58 (1) 300
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Schedule 9 Local Land Services Regulation 2014
Column 1 Column 2
Section Penalty ($)
72 300
73 (1) 300
83 (3) 200
84 200
103 (1) 150
103 (3) 150
113 (1) 500
116 (1) 300
117 500
120 440
121 440
122 440
123 (4) 1,100
124 (3) 220
142 (1) 200
142 (2) 200
142 (3) 150
150 (1) 500
150 (3) 300
152 (4) 500
158 (1) 200
158 (2) 500
159 (1) 500
160 (1) and (2) 200
160 (3) 500
161 (a) and (b) 500
192 (1) 200
192 (2) 200
192 (4) 500
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ocal Land Services Regulation 2014 Schedule 9
Column 1 Column 2
Section Penalty ($)
204 (2) 200
Part 2 Prescribed offences under this Regulation 1
Column 1 Column 2
Clause Penalty ($)
24 (1) 200
26 (1) 150
26 (2) 150
26 (3) 150
27 (2) 200
53 (1) 500
53 (2) and (3) 150
54 (1) 440
54 (3) 150
55 200
56 (2) 150
57 (2) 200
58 200
60 (2) 150
61 200
63 (1) 300
63 (2) 500
63 (3) 200
64 (2) 150
65 150
66 150 per carcass or 500 in any other case
70 (2) 150
74 (1) 200
74 (7) 150
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Schedule 9 Local Land Services Regulation 2014
Column 1 Column 2
Clause Penalty ($)
74 (10) 300
75 (1) 500
80 150
98 500
Part 3 Prescribed offences under Schedule 1 to this 1
Regulation 2
Column 1 Column 2
Clause Penalty ($)
40 200
41 300
42 200
43 150
44 150
45 500
46 500
47 500
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Dictionary
Dictionary 1
In this Act: 2
administrator means an administrator appointed under Part 13. 3
animal includes aquatic and terrestrial animals. 4
annual return means a return lodged or required to be lodged with Local Land 5
Services under section 58. 6
appropriate local land board, in relation to any land, means the local land board for 7
the land district (within the meaning of the Crown Lands Act 1989) in which the land 8
is situated. 9
approved form means: 10
(a) the form prescribed by the regulations for the purposes of the provision in 11
relation to which the expression is used, or 12
(b) if no such form is prescribed, the form (if any) approved by Local Land 13
Services for the purposes of the provision in relation to which the expression 14
is used. 15
authorised officer means a person authorised as an authorised officer under 16
section 167. 17
authorising authority means: 18
(a) in relation to an authorised officer appointed by Local Land Services--Local 19
Land Services, or 20
(b) in relation to an authorised officer appointed by the Minister--the Minister, or 21
(c) in relation to an authorised officer appointed by the Director-General--the 22
Director-General. 23
biosecurity means the protection of the economy, environment and community from 24
the negative impact of pests, diseases and weeds. 25
Board means the Board of Chairs established by section 25. 26
cattle means a bull, cow, ox, heifer, steer, calf or buffalo. 27
Chair of the Board of Chairs means the person holding the position of the Chair of 28
the Board of Chairs under Chapter 1A of the Public Sector Employment and 29
Management Act 2002. 30
code of conduct--see section 35. 31
contribution means a rate fixed under Part 5. 32
controlling authority of a stock watering place--see section 108. 33
Crown land has the same meaning as it has in the Crown Lands Act 1989. 34
Crown Lands Acts has the same meaning as it has in the Crown Lands Act 1989. 35
Crown road has the same meaning as it has in the Roads Act 1993. 36
Department means the Department of Trade and Investment, Regional Infrastructure 37
and Services. 38
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Dictionary
Director-General means the Director-General of the Department. 1
Eastern and Central Division means the Eastern and Central Division of New South 2
Wales as defined by section 4 of the Crown Lands Act 1989. 3
fauna means any mammal, bird, reptile or amphibian. 4
function includes a power, authority or duty, and exercise a function includes 5
perform a duty. 6
Fund means the Local Land Services Fund established under section 19. 7
goat includes a buck, doe, wether and kid. 8
government agency means any public or local authority, and includes: 9
(a) a government department, State owned corporation and council of a local 10
government area, and 11
(b) the head of a government agency. 12
holding means: 13
(a) a parcel of land, or 14
(b) several parcels of land which: 15
(i) are contiguous with one another or are separated from one another only 16
by a road, river, creek or other watercourse, and 17
(ii) constitute or are worked as a single property, 18
irrespective of whether those parcels are held under the same title or different titles 19
or titles of different kinds or whether they are in the same region. 20
Note. See section 55 (When is a holding within a region?). 21
horse means a horse, mare, gelding, colt, filly, foal, hinny, mule, donkey or ass. 22
large stock means horses, cattle, camels or deer. 23
local authority means a council within the meaning of the Local Government Act 24
1993. 25
local board means a local board established under Division 2 of Part 3. 26
local land board means a local land board constituted under the Crown Lands Act 27
1989 or under the Western Lands Act 1901. 28
ocal Land Services means Local Land Services as constituted by this Act. 29
local land services--see section 4. 30
local strategic plan means a local strategic plan for a region that complies with 31
Division 2 of Part 4. 32
natural resource management has the same meaning it has in section 5 of the 33
Natural Resources Commission Act 2003. 34
occupier of land means the following: 35
(a) the person for the time being entitled to possession of land and includes, if the 36
person so entitled does not reside on the land, the resident manager or other 37
person in charge of the land, 38
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Dictionary
(b) if the land is public land to which no person is entitled to possession--the 1
person having the care, control and management of the land, 2
(c) if the land is reserved or dedicated for any public use or purpose--the trustee 3
or trustees of the land, 4
(d) if the land consists of a public road--the roads authority for that road within 5
the meaning of the Roads Act 1993, 6
(e) if the land consists of a travelling stock reserve--Local Land Services, 7
(f) any other person designated by the regulations as an occupier of land for the 8
purposes of this definition. 9
owner of land includes: 10
(a) the holder, or the holder subject to mortgage, of any lease or licence or promise 11
of any lease or licence from the Crown, or 12
(b) the holder, or the holder subject to mortgage, of any incomplete purchase or 13
perpetual lease from the Crown, or 14
(c) the person entitled to an estate of freehold in possession: 15
(i) whether in fee simple or for life or otherwise, or 16
(ii) whether at law or in equity, or 17
(iii) whether absolutely or by way of mortgage, or 18
(d) the person in whom is vested any land taken or appropriated under the 19
authority of any statute authorising land to be taken or appropriated for the 20
purpose of any private undertaking. 21
pig includes boar, sow, barrow, piglet and sucker. 22
premises includes any land, structure, building, aircraft, vehicle and place (whether 23
built on or not) and any part of it. 24
private land means a holding and land not including or being public land. 25
property means property of all kinds, whether real or personal and whether tangible 26
or intangible and, in particular, includes choses in action. 27
protected fauna means protected fauna within the meaning of the National Parks 28
and Wildlife Act 1974. 29
public authority includes: 30
(a) a Minister of the Crown, or 31
(b) a local authority constituted by or under an Act, or 32
(c) a government department, or 33
(d) a statutory body representing the Crown, or 34
(e) the trustee or trustees of land reserved or dedicated for any public use or 35
purpose, or 36
(f) a State owned corporation, or 37
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Dictionary
(g) a member of staff or other person who exercises functions on behalf of any of 1
the above. 2
public land means: 3
(a) Crown land that is not the subject of a contract for sale, or 4
(b) land, not being a road, that is the subject of a dedication or permanent 5
reservation for public uses or purposes, 6
being land that is not the subject of any lease or licence under the Crown Lands Acts 7
or under any other Act authorising the occupation or use of land vested in the Crown. 8
public road has the same meaning as it has in the Roads Act 1993. 9
rate means a rate fixed under Part 5. 10
rateable land--see section 56. 11
record includes a book, account, deed, writing, document and any other source of 12
information compiled, recorded or stored in written form, or on microfilm, or by 13
electronic process, or in any other manner or by any other means. 14
region means a region constituted by this Act. 15
reserve use permit means a permit used under section 77. 16
sheep includes ram, ewe, wether and lamb. 17
State forest means a State forest within the meaning of the Forestry Act 2012. 18
State priorities for local land services--see section 4 (2). 19
State strategic plan mean a State strategic plan for the State that complies with 20
Division 1 of Part 4. 21
stock means cattle, horses, sheep, goats, camels, alpacas, llamas, pigs, deer, 22
ostriches, emus or, in relation to any specified provision or provisions of this Act, any 23
other kind of animal declared by the regulations to be stock for the purposes of that 24
provision or those provisions. 25
stock permit means a permit issued under section 78. 26
stock watering place means any land declared to be a stock watering place under 27
section 106. 28
threatened species means threatened species within the meaning of the Threatened 29
Species Conservation Act 1995. 30
travelling stock has the meaning it has in section 61. 31
travelling stock reserve has the meaning it has in section 61. 32
tree means a tree of any description and includes a sapling and a seedling of a tree. 33
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vehicle includes any means of road, rail, waterborne or airborne transport. 1
Western Division has the same meaning as it has in section 4 of the Crown Lands Act 2
1989. 3
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