New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 January 2014
- Act 143 of 1998
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
2A. Objects of Act
3. Definitions
4. Notes
PART 2 - LIVESTOCK HEALTH AND PEST DISTRICTS
5. Livestock health and pest districts
6. Division of districts
7. (Repealed)
8. When is a holding within a district?
9. (Repealed)
PART 3 - FUNCTIONAL RESPONSIBILITIES
10. State Council accountable to Minister
11. State Council accountable to Policy Council for implementation of general policies
12. Authorities accountable to State Council
13. Memorandum of understanding
PART 4 - POLICY COUNCIL
14. State Policy Council of Livestock Health and Pest Authorities
15. Members of Policy Council
16. Functions of Policy Council
17. Provisions relating to constitution and procedure of Policy Council
18. Report to Minister and authorities
PART 5 - STATE COUNCIL
Division 1 - Constitution of State Council
19. Constitution of State Council
20. Members of State Council
21. Provisions relating to constitution and procedure of State Council
Division 2 - Functions of State Council
22. Functions of State Council
23. Guidelines
24. Delegation
25. Operating plans, budgets and reports
26-26B. (Repealed)
Division 3 - Authorities to comply with State Council's orders
27. State Council may order an authority to take specified action
28. Notice to warn authority of consequence of failure to comply with order
29. Action that may be taken for failure to comply with order
Division 4 - Finance
30. State Council's fund
31. Authorities to contribute to State Council's fund
32. Investment
33. Financial year of State Council
34. Audit of financial statements
35. Performance audit of State Council's activities
Division 5 - Miscellaneous
36. Annual reports
36A. State Council report relating to auditing of authorities
PART 6 - LIVESTOCK HEALTH AND PEST AUTHORITIES
Division 1 - Constitution of livestock health and pest authorities
37. Authority to be constituted for each district
38. Corporate name of authority
39. Boards of authorities
40. Dissolution of authorities
41. (Repealed)
Division 2 - Functions of authorities
42. Functions generally
43. Animal health functions
43A. (Repealed)
Division 3 - Function management plans
44. Authorities to prepare draft function management plans
45. Contents of draft plans in respect of travelling stock reserves
46. Public exhibition and consultation requirements for draft plans in respect of travelling stock reserves
47. Submission and adoption of draft plans
48. Alteration or revocation of function management plans
49. Function to be exercised in accordance with relevant function management plan
Division 4 - Financial provisions
50. Authority's fund
51. Alternative use of money raised by special purpose rates
52. Investment
53. Financial year of authority
54. (Repealed)
55. Performance audit of authority's activities
Division 4A - Accounting records, financial reports and auditing
55A. Accounting records
55B. Preparation of financial reports
55C. Auditing of financial reports
55D. Time for preparation and auditing of financial reports
55E. Auditor's reports
55F. Interim reports
Division 4B - Auditors
55G. Appointment of auditors
55H. Disqualified persons
55I. Auditor's term of office
55J. Auditor may exercise general power of inspecting accounting records
55K. Powers of auditor
55L. Role of Auditor-General
Division 5 - Miscellaneous
56. What information is publicly available?
56A. Director-General may direct authority staff during emergency disease outbreaks
57. Fees for services
57A. Annual reports
PART 6A - HONESTY AND CONDUCT
Division 1 - Honesty, care and diligence
57B. Conduct of Policy Council and State Council members and directors of boards of authorities
Division 2 - Codes of conduct
57C. Codes of conduct
Division 3 - Contravention of code of conduct
57D. Formal censure for contravention of code of conduct
57E. Process for initiating suspension or other action
57F. Other proceedings or actions not affected
PART 7 - RATES
Division 1 - Preliminary
58. Definitions
59. Treatment of certain holdings as single holdings
Division 2 - Rates
60. What is rateable land?
61. What are the types of rate?
62. When are rates to be made and levied?
63. How is a rate levied?
Division 3 - Liability for rates
64. Occupiers are liable to pay rates
65. Liability of owner (other than Crown) to pay rates not paid by occupier
66. Liability when occupier or owner of land changes
67. Apportionment of rates
68. Recovery of rates paid when not occupier or owner
Division 4 - Assessment of notional carrying capacity of land
69. Assessment of notional carrying capacity
70. Application for review of assessment
71. Review of assessment
Division 5 - Appeals against assessment of notional carrying capacity and rates
72. Appeals against assessment
73. Appeals against rates
74. Hearing of appeals
Division 6 - Recovery of rates
75. Measures to facilitate the recovery of rates
Division 7 - Annual returns
76. Annual returns of land and stock
77. Change of occupier after lodgment of return
78. Duty to supply information in respect of land or stock
Division 8 - Miscellaneous
79. Irregularities concerning rates
80. Rebates, waiver, refund or writing off of rates
81. Notice to be given of changes in occupancy or ownership of rateable land
82. Notification of change of address
83. Tenure bond to be paid by certain holders of Crown land
PART 8 - TRAVELLING STOCK RESERVES AND PUBLIC ROADS
Note
Division 1 - Preliminary
84. Definitions
Division 2 - Controlled travelling stock reserves
85. Vesting care, control and management of certain travelling stock reserves in authorities
86. Withdrawal of care, control and management from authority
87. Withdrawal of land required for public purpose from travelling stock reserve
88. Compensation for improvements made before withdrawal
Division 3 - Timber on controlled travelling stock reserves
89. Removal or destruction of timber
90. Use of felled timber
91. Licences to remove timber
92. Relationship to other Acts
Division 4 - Closure of controlled travelling stock reserves
93. Closure orders
94. Notice of closure
Division 5 - Use of travelling stock reserves and public roads
95. Unauthorised uses of travelling stock reserves
96. Unauthorised use of public roads
97. Authorised use of travelling stock reserves for recreational activities
98. Certain occupiers of land to have a right of access over travelling stock reserves
99. Appeal about right of way conditions
100. Reserve use permit
101. Stock permits authorising certain uses of travelling stock reserves and public roads
102. Applications for stock permits and reserve use permits
103. Duration of stock permits and reserve use permits
104. Cancellation or suspension of stock permits and reserve use permits
105. Classes of stock permits and reserve use permits
106. Conditions of stock permits and reserve use permits
107. Movement and grazing of stock authorised by stock permits must comply with Act and regulations
108. Stock permits controlled for adjoining districts
109. Appeals concerning the issue, cancellation or suspension of permits
110. Compensation
Division 6 - Fencing of boundaries of controlled travelling stock reserves
111. Definitions
112. Application of Division
113. Exclusion of Dividing Fences Act 1991
114. Owner of land adjoining travelling stock reserve may be required to carry out fencing work
115. Fencing notice to specify contributions payable
116. Costs of fencing work
117. Compliance notice--fencing
118. Application to local land board
119. Jurisdiction of land board not to be ousted in certain cases
120. Local land board may allow time for payment
121. Right to refer matters to Land and Environment Court
122. Powers of State Council with respect to fences
Division 7 - Miscellaneous
123. Responsible authority not liable for use of pesticides or chemicals on reserves
124. Responsible authority not liable for injury attributable to diseased travelling stock
125. When may a responsible authority impound bees or beehives placed or kept on a controlled travelling stock reserve?
126. Orders for mustering of stock
127. Power of responsible authority to recover compensation in respect of damage caused to or on controlled travelling stock reserve
128. Exemption power--authorities
PART 9 - STOCK WATERING PLACES
129. Declaration of stock watering places
130. Declaration of stock watering place as town water supply
131. Which bodies are to be controlling authorities of stock watering places?
132. Controlling authority may construct water storage works
133. Compensation for improvements on former stock watering place
134. Leases of stock watering places
135. Controlling authority and lessee to supply water to certain persons and stock
136. Offence to damage stock watering place
PART 10 - IMPOUNDING OF UNATTENDED AND TRESPASSING STOCK AND ABANDONED ARTICLES
Note
137. Definitions
138. Unattended stock
139. Offence of causing or permitting stock to be on a public road, travelling stock reserve or public land without authority
140. Release of impounded stock
PART 10A - TRANSPORTATION OF STOCK BY VEHICLE
140A. Definitions
140B. Stock transportation particulars
140C. Restrictions on the transport of stock by vehicle on a road
140D. Restriction on the consignment of stock by rail, water or air transport
140E. Records of transported stock statements to be retained
140F. Powers to stop and search vehicles transporting stock
140G. Person in charge of vehicle transporting stock to give name and other particulars
140H. Stock Transportation Accreditation Committee
140I. Application for accreditation
140J. Approval of form of transported stock statement
PART 11 - PESTS
Note
Division 1 - Preliminary
141. Definitions
142. Part binds Crown
Division 2 - Pest control orders
143. Minister may make pest control orders
144. When can a pest control order be made?
145. Requests by authorities for making of pest control orders
146. Public notice of proposal to make order
147. Consultation
148. Minister may waive notice and consultation requirements
149. Making of order
150. Notice of making of order
151. When does a pest control order take effect?
152. Duration of pest control order
153. Amendment and revocation of pest control orders
154. Compliance with Division
155. Obligations of owners and occupiers of private land
156. Obligations of occupiers of public land
Division 3 - Eradication orders
157. When may eradication orders be given?
158. Period for compliance with eradication order
159-162. (Repealed)
163. Reasons for order to be given
164. Notice of right to appeal against order
165. Appeal against individual eradication order of authority
166. Individual eradication order of Minister
167. Obligations to comply with eradication orders
168. (Repealed)
Division 4 - Powers of authorised officers and others concerning eradication of pests
169. Eradication of pests
170. Destruction of pests may be required
171. Compliance notice--pests
172. Contributions towards eradication of pests that are insects
173. Money advanced or paid to Minister for eradication of pests that are insects
Division 5 - Miscellaneous
174. Approval to keep pest in captivity or use alternative method of eradication
175. Appeal against refusal to approve keeping of pest in captivity or use alternative eradication method
176. Offences relating to pests kept in captivity
177. Offence of administering prohibited substance to pests
178. Offences involving fences and pests and conveyance of pests
179. Damage, destruction, removal of eradication devices
180. Campaigns for eradication of pests
181. Disputes between a Minister and another Minister
PART 12 - POWERS OF AUTHORISED OFFICERS
Division 1 - Preliminary
182. Power of entry
183. Purposes for which powers under Part may be exercised
184. Effect on other functions
Division 2 - Authorised officers
185. Authorised officers
186. Scope of authority
187. Identification
188. Time of entry
189. Entry into residential premises only with permission or warrant
190. Powers of authorised officers to do things on premises
191. Notice of entry
192. Use of force
193. Notification of use of force or urgent entry
194. Care to be taken
195. Compensation
196. Search warrant
197. Authorised officer may request assistance
Division 3 - Offences in relation to authorised officers
198. Offence: obstructing authorised officer
199. Offence: impersonating authorised officer or other authorised person
PART 13 - ENFORCEMENT PROVISIONS
Division 1 - Recovery of outstanding rates, charges and other amounts
200. Sale of land for unpaid amounts owing to authority
201. Recovery of rates, charges, fees and other unpaid amounts
202. Accrual of interest on overdue rates, charges and other amounts
203. Special provision with respect to recovery of unpaid rates and charges
Division 2 - Proceedings for offences
204. Proceedings for offences
205. Time within which summary proceedings may be commenced
206. Penalty notices for certain offences
207. Penalties belong to prosecuting authorities or State Council
208. Court may order payment of additional penalty in certain cases
209. Offences by authorities
210. Offences relating to provision of information in relation to certain matters
211. Onus of proof concerning reasonable or lawful excuse
Division 3 - Miscellaneous
212. General description of land sufficient for purposes of legal proceedings
213. Legal proceedings against an occupier or owner whose name is unknown
214. Jurisdiction of court or local land board not to be ousted in certain proceedings
214A. Proof of certain matters not required
PART 14 - ADMINISTRATION OF FUNCTIONS OF STATE COUNCIL AND AUTHORITIES
Division 1 - Administration of State Council
215. Appointment of administrator of all functions of State Council
216. Appointment of administrator of some functions of State Council
217. Effect of appointment of administrator
Division 2 - Administration of authorities
218. Appointment of administrator of all functions of authorities
219. Appointment of administrator of some functions of an authority
220. Effect of appointment of administrator
221. Administrator to hold special election of directors when directed to do so
Division 3 - Administration of authorities pending election of directors
222. Definitions
223. Appointment of an initial administrator
224. Alternative arrangements to appointment of initial administrator
225. Amalgamation facilitator and other staff
226. (Repealed)
227. Employees, property and expenditure of affected authorities in transitional period
Division 4 - Miscellaneous
228. Provisions applicable to administrators
PART 15 - SURCHARGES
229. Auditor-General may surcharge for improper expenditure
230. Procedure for surcharging
231. Right of appeal
232. Recovery of surcharges
233. Effect of failure to pay surcharge
PART 16 - MISCELLANEOUS
234. Resolution of authority disputes
235. Resolution of disputes between State Council and authorities
236. Certificate as to rates, charges and other matters
237. Owner of stock may be ordered to muster stock
238. Protection from liability
239. Form of notices
240. Service and giving of notices and other documents
241. Delegation
242. Local land board appeals procedure
243. Regulations
244. Exemptions
245. Repeals
246. (Repealed)
247. Savings and transitional provisions
248. Review of Act
249. Amendment of Act to commence periodic elections for directors
SCHEDULE 1A
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
Schedule 6 (Repealed)
SCHEDULE 7
SCHEDULE 8
SCHEDULE 99 Dictionary