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New South Wales
Rural Lands Protection Amendment
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Rural Lands Protection Act 1998 No 143 2
4 Amendment of other Acts and instruments 2
5 Repeal of Rural Lands Protection Amendment Act 2006
No 118 2
6 Repeal of Act 2
Schedule 1 Amendments to Rural Lands Protection Act 1998 relating to
structure of rural lands protection system 3
Schedule 2 Amendments to Rural Lands Protection Act 1998 relating to
elections for and appointments of directors 28
Schedule 3 Amendments to Rural Lands Protection Act 1998 relating to
periodic elections for directors 36
Schedule 4 Amendments to Rural Lands Protection Act 1998 relating to
rating 39
b2006-094-42.d26
Rural Lands Protection Amendment Bill 2008
Contents
Page
Schedule 5 Miscellaneous amendments to Rural Lands Protection
Act 1998 40
Schedule 6 Amendment of other Acts and instruments 53
Contents page 2
New South Wales
Rural Lands Protection Amendment
Bill 2008
No , 2008
A Bill for
An Act to amend the Rural Lands Protection Act 1998 to make further provision with
respect to the protection of rural lands, to provide for the establishment of the State
Policy Council of Livestock Health and Pest Authorities and the constitution of
livestock health and pest authorities and the State Management Council of Livestock
Health and Pest Authorities and to provide for the functions of those bodies; and for
other purposes.
Clause 1 Rural Lands Protection Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Rural Lands Protection Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on 1 January 2009, except as provided by 5
subsection (2). 6
(2) Schedule 4 [1], [2] and [4][8] and Schedule 6.1 [1], [4], [5] and [7] and 7
Schedule 6.19 [1] and [2] commence on 1 January 2010. 8
3 Amendment of Rural Lands Protection Act 1998 No 143 9
The Rural Lands Protection Act 1998 is amended as set out in 10
Schedules 15. 11
4 Amendment of other Acts and instruments 12
The Acts and instruments specified in Schedule 6 are amended as set out 13
in that Schedule. 14
5 Repeal of Rural Lands Protection Amendment Act 2006 No 118 15
The Rural Lands Protection Amendment Act 2006 is repealed. 16
6 Repeal of Act 17
(1) This Act is repealed on the day following the day on which all of the 18
provisions of this Act have commenced. 19
(2) The repeal of this Act and the Rural Lands Protection Amendment Act 20
2006 does not, because of the operation of section 30 of the 21
Interpretation Act 1987, affect any amendment made by those Acts. 22
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rural lands protection system
Schedule 1 Amendments to Rural Lands Protection 1
Act 1998 relating to structure of rural 2
lands protection system 3
(Section 3) 4
[1] Part 2, heading 5
Omit the heading. Insert instead: 6
Part 2 Livestock health and pest districts 7
[2] Section 5 Livestock health and pest districts 8
Omit "rural lands protection" from section 5 (1). 9
Insert instead "livestock health and pest". 10
[3] Section 5 (3) 11
Omit "another board or boards". 12
Insert instead "another authority or authorities". 13
[4] Section 6 Division of districts 14
Omit section 6 (1). Insert instead: 15
(1) The Minister may, by order published in the Gazette, divide a 16
district into two or more divisions (and specify the boundaries of 17
those divisions) as the Minister considers appropriate. 18
[5] Section 7 Exemptions from division of districts 19
Omit the section. 20
[6] Section 9 Rural lands protection regions 21
Omit the section. 22
[7] Section 11 State Council accountable to Policy Council for 23
implementation of general policies 24
Omit "at State Conferences or by postal ballot in accordance with section 25
26B" from section 11 (1). 26
Insert instead "by the Policy Council". 27
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[8] Section 12 Authorities accountable to State Council 1
Insert at the end of the section: 2
(2) An authority is, in the exercise of its functions, subject to the 3
control and direction of the State Council. 4
[9] Part 4 5
Omit the Part. Insert instead: 6
Part 4 Policy Council 7
14 State Policy Council of Livestock Health and Pest Authorities 8
(1) The State Policy Council of Livestock Health and Pest 9
Authorities (the Policy Council) is established by this Act. 10
(2) The Policy Council does not, for any purpose, represent the 11
Crown. 12
(3) The Policy Council is, in the exercise of its functions, subject to 13
the control and direction of the Minister. 14
15 Members of Policy Council 15
(1) The Policy Council consists of the following members: 16
(a) 2 members for each district, appointed by the authority of 17
the district from among its directors, 18
(b) such other members as are appointed by the Minister. 19
(2) The Minister may give directions as to the manner in which and 20
the time within which appointments are to be made by authorities 21
for the purposes of subsection (1) (a). 22
(3) If an authority fails to make an appointment in the manner and 23
within the time directed by the Minister, the Minister may 24
appoint a person as a member on behalf of the authority and the 25
person is taken to have been appointed by the authority. 26
(4) If an authority fails to make an appointment or appointments 27
under this section, the Policy Council is nevertheless properly 28
constituted. 29
16 Functions of Policy Council 30
(1) The Policy Council has such functions as are conferred or 31
imposed on it by or under this or any other Act. 32
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(2) Without limiting subsection (1), the Policy Council has the 1
following functions: 2
(a) the determination of general policies to be implemented by 3
authorities for the protection of rural lands, 4
(b) the determination of primary policies to guide the State 5
Council in carrying out its functions, 6
(c) the selection on merit, and appointment, of members of the 7
State Council, 8
(d) the provision of advice on any specified matter referred to 9
it by the Minister, the State Council or an authority, 10
(e) carrying out such other functions relating to the 11
administration of this Act as may be conferred or imposed 12
on it by the Minister. 13
(3) The Policy Council cannot employ any staff. 14
17 Provisions relating to constitution and procedure of Policy 15
Council 16
(1) The constitution and procedure of the Policy Council are, subject 17
to this Act and the regulations, to be determined by the Policy 18
Council. 19
(2) Schedule 1A has effect with respect to the constitution and 20
procedure of the Policy Council. 21
18 Report to Minister and authorities 22
The Policy Council must, as soon as practicable after the end of 23
each financial year (but within such period as may be specified in 24
the regulations), report to the Minister and the authorities (in the 25
manner specified in the regulations, if any) on the activities and 26
performance of the Policy Council during the previous financial 27
year. 28
[10] Part 5, Divisions 1 and 2 29
Omit the Divisions. Insert instead: 30
Division 1 Constitution of State Council 31
19 Constitution of State Council 32
(1) There is constituted by this Act a corporation under the corporate 33
name of State Management Council of Livestock Health and Pest 34
Authorities (the State Council). 35
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(2) The State Council does not, for any purpose, represent the 1
Crown. 2
20 Members of State Council 3
(1) The State Council consists of the following persons: 4
(a) 6 persons appointed by the Policy Council, after a process 5
of selection on merit, from among the directors of boards 6
of authorities, 7
(b) 2 persons appointed by the Policy Council, after a process 8
of selection on merit, on the basis of each person having 9
expertise, experience or qualifications in one or more of 10
the following areas: 11
(i) law, 12
(ii) business, 13
(iii) financial management, 14
(iv) corporate governance, 15
(v) any other area of expertise that the Policy Council 16
determines to be relevant to the operation of the 17
State Council, 18
(c) one person appointed by the Minister, on the nomination of 19
the Director-General, being a person with experience in 20
animal health and pest management. 21
(2) The Minister may give directions as to the manner in which and 22
the time within which appointments are to be made by the Policy 23
Council for the purposes of this section. 24
(3) If the Policy Council fails to make an appointment or 25
appointments under this section, the State Council is nevertheless 26
properly constituted. 27
21 Provisions relating to constitution and procedure of State Council 28
(1) The constitution and procedure of the State Council are, subject 29
to this Act and the regulations, to be determined by the State 30
Council. 31
(2) Schedule 1 has effect with respect to the constitution and 32
procedure of the State Council. 33
Division 2 Functions of State Council 34
22 Functions of State Council 35
(1) The State Council has such functions as are conferred or imposed 36
on it by or under this or any other Act. 37
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(2) Without limiting subsection (1), the State Council has the 1
following functions: 2
(a) the supervision of the governance of authorities, 3
(b) the preparation and adoption of a strategic plan and 4
strategic policies for the protection of rural lands having 5
regard to the advice of the Policy Council, 6
(c) the co-ordination of the implementation by authorities of 7
the following: 8
(i) general policies for the protection of rural lands 9
determined by the Policy Council, 10
(ii) strategic policies for the protection of rural lands 11
determined by the State Council, 12
(d) the monitoring and supervision of the implementation by 13
authorities of the following policies in districts where 14
those policies have been the subject of a guideline issued 15
under section 23: 16
(i) general policies for the protection of rural lands 17
determined by the Policy Council, 18
(ii) strategic policies for the protection of rural lands 19
determined by the State Council, 20
(e) public education about, and promotion of, the functions, 21
role and activities of authorities, 22
(f) the provision of administrative services to the Policy 23
Council, 24
(g) the provision of advice and assistance about, and the 25
monitoring of the implementation by authorities of, 26
function management plans, 27
(h) consultation with authorities about, and entering into 28
arrangements on behalf of authorities for or with respect 29
to, services provided by authorities on behalf of public 30
authorities, 31
(i) engagement in negotiations with public authorities in 32
relation to the exercise of functions of the authorities that 33
affect those public authorities, 34
(j) ensuring, as far as practicable, that authorities carry out the 35
financial obligations imposed on them by or under this or 36
any other Act, 37
(k) production and dissemination of information on the 38
functions, policies and procedures of authorities, 39
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(l) provision of training for staff and directors of authorities 1
concerning the administration and operation of authorities 2
and functions carried out by the staff and directors, 3
(m) carrying out such other functions relating to the 4
administration of this Act as may be conferred or imposed 5
on it by the Minister. 6
(3) The State Council cannot employ any staff. 7
Note. Staff may be employed under Chapter 1A of the Public Sector 8
Employment and Management Act 2002 in the Government Service to 9
enable the State Council to exercise its functions. 10
23 Guidelines 11
(1) The State Council may issue guidelines to authorities that are not 12
inconsistent with this Act or any other law with respect to: 13
(a) the exercise of any function of an authority, and 14
(b) financial reports of authorities and the auditing of those 15
reports, and 16
(c) the implementation of general policies for the protection of 17
rural lands determined by the Policy Council, and 18
(d) the implementation of strategic policies for the protection 19
of rural lands determined by the State Council, and 20
(e) the determination of relevant areas of expertise for the 21
purposes of section 39 (3) (b) (v). 22
(2) The Policy Council may request the State Council to issue a 23
guideline under subsection (1) (c) regarding the implementation 24
of a general policy for the protection of rural lands determined by 25
the Policy Council. 26
(3) The State Council must issue the guideline unless the 27
State Council has: 28
(a) consulted with the Policy Council, and 29
(b) had regard to the views of the Policy Council, and 30
(c) resolved that it disagrees with the policy determined by the 31
Policy Council. 32
(4) Any such guidelines may adopt a standard or other document as 33
in force from time to time. 34
(5) Without limiting subsection (1), the State Council may issue 35
guidelines in respect of the preparation, contents, submission and 36
adoption of function management plans. 37
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24 Delegation 1
The State Council may delegate any of its functions (other than 2
this power of delegation) to an authority or any other person. 3
25 Operating plans, budgets and reports 4
(1) The State Council must, at least 2 months (or such other period 5
as may be specified in the regulations) before the commencement 6
of each financial year, provide an annual operating plan and 7
budget for the operations of the State Council (in the manner 8
specified in the regulations, if any) for that following financial 9
year to the Minister and the Policy Council. 10
(2) The State Council must, as soon as practicable after the end of 11
each financial year (but within such period as may be specified in 12
the regulations), report to the Minister and the Policy Council (in 13
the manner specified in the regulations, if any) on the 14
performance of the State Council in respect of the strategic plan 15
and annual operating plan during the previous financial year. 16
[11] Section 27 (2) (b) 17
Omit "or general policy determination made at a State Conference or 18
determined by postal ballot in accordance with section 26B". 19
[12] Section 27 (2) (d) 20
Omit ", determination". 21
[13] Section 31 22
Omit the section. Insert instead: 23
31 Authorities to contribute to State Council's fund 24
(1) Each authority must, within such period and in such manner as is 25
determined by the State Council, pay a contribution each 26
financial year to the State Council for the purpose of enabling the 27
State Council to carry out its functions. 28
(2) The contribution to be made by each authority is to be calculated 29
in the following manner or, if regulations are made for the 30
purposes of this subsection, as prescribed by the regulations: 31
(a) the State Council must, at least 2 months (or such other 32
period as may be specified in the regulations) before the 33
commencement of each financial year, determine the 34
amount of money that it requires authorities to contribute 35
to the State Council's fund to enable it to carry out its 36
functions during that following financial year, 37
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(b) the State Council is to notify the Policy Council of the 1
amount so determined, 2
(c) the Policy Council is to determine the portion of the total 3
amount that is to be paid to the State Council's fund by 4
each authority. 5
[14] Part 6, heading 6
Omit the heading. Insert instead: 7
Part 6 Livestock health and pest authorities 8
[15] Part 6, Division 1 9
Omit the Division. Insert instead: 10
Division 1 Constitution of livestock health and pest 11
authorities 12
37 Authority to be constituted for each district 13
(1) A livestock health and pest authority is constituted by this Act for 14
each district. 15
(2) An authority does not, for any purpose, represent the Crown. 16
(3) An authority is a body corporate. 17
Note. Part 8 of the Interpretation Act 1987 applies to statutory bodies. It 18
contains provisions stating the general attributes of statutory 19
incorporation (for example, perpetual succession, the requirement for a 20
seal, the taking of proceedings), it provides for judicial notice to be taken 21
of a statutory corporation's seal, it creates a presumption of regularity for 22
acts and proceedings of a statutory corporation and contains other 23
provisions. 24
38 Corporate name of authority 25
(1) The corporate name of an authority is the name of the district for 26
which the authority is constituted, but with the word "authority" 27
substituted for the word "district". 28
(2) An authority for a district is to publish notice of any alteration of 29
its corporate name in a newspaper circulating generally in the 30
district. 31
Note. The name of a district, and therefore the corporate name of an 32
authority, can be altered under section 5 (2). 33
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39 Boards of authorities 1
(1) There is to be a board for each authority, called the "[Name of 2
authority] Board". 3
(2) The affairs of an authority are to be controlled by the board of the 4
authority. Any act, matter or thing done in the name of, or on 5
behalf of, an authority by the board of the authority is taken to 6
have been done by the authority. 7
(3) The board of an authority is to consist of: 8
(a) 6 elected directors or, if in relation to a particular board the 9
Minister specifies a different number of elected directors 10
under subsection (4)--the number of elected directors 11
specified, and 12
(b) 2 directors appointed by the authority, after a process of 13
selection on merit, on the basis of the appointed director 14
having expertise, experience or qualifications in one or 15
more of the following areas: 16
(i) law, 17
(ii) business, 18
(iii) financial management, 19
(iv) corporate governance, 20
(v) any other area of expertise determined to be relevant 21
by a guideline issued under section 23. 22
(4) The Minister may, by order published in the Gazette, direct that 23
the number of elected directors of a particular board is to be the 24
number specified in the order. 25
(5) If a district is divided into divisions, such number of elected 26
directors as is specified by the Minister by order published in the 27
Gazette must be elected (or appointed) in accordance with 28
Schedule 2 for each division. 29
(6) Schedule 1 has effect with respect to the constitution and 30
procedure of boards of authorities. 31
(7) Schedule 2 has effect with respect to the election and 32
appointment of directors of boards of authorities. 33
40 Dissolution of authorities 34
(1) An authority is dissolved if: 35
(a) the district for which it is constituted becomes wholly 36
comprised within another district, or 37
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(b) all parts of the district for which it is constituted are wholly 1
distributed among other districts, or 2
(c) the district for which it is constituted is amalgamated into 3
one or more other districts, or 4
(d) the district for which it is constituted is divided into 2 or 5
more other districts, or 6
(e) the district for which it is constituted is dissolved. 7
(2) On the day a proclamation dissolving a district takes effect, the 8
board of the authority of the district ceases to exist and the 9
directors of the board cease to hold office. 10
[16] Section 43A Matters arising in between State Conferences 11
Omit the section. 12
[17] Sections 55H (2) (b) and 55K (1) 13
Omit "Rural Lands Protection Boards Division" wherever occurring. 14
Insert instead "Livestock Health and Pest Authorities Division". 15
[18] Part 6A 16
Insert after Part 6: 17
Part 6A Honesty and conduct 18
Division 1 Honesty, care and diligence 19
57B Conduct of Policy Council and State Council members and 20
directors of boards of authorities 21
(1) Every Policy Council and State Council member, and every 22
director of a board of an authority, must: 23
(a) act honestly and exercise a reasonable degree of care and 24
diligence in carrying out his or her functions under this or 25
any other Act, and 26
(b) act for a proper purpose in carrying out his or her functions 27
under this or any other Act, and 28
(c) not use his or her office or position for personal advantage, 29
and 30
(d) not use his or her office or position to the detriment of the 31
member's Council or the director's authority 32
(respectively). 33
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(2) Although this section places certain duties on Policy Council and 1
State Council members, and directors of boards of authorities, 2
nothing in this section gives rise to, or can be taken into account 3
in, any civil cause of action. 4
Division 2 Codes of conduct 5
57C Codes of conduct 6
(1) The State Council may issue a code of conduct to be observed by 7
all directors of boards of authorities. 8
(2) Without limiting what may be included in the code, the code may 9
relate to any conduct (whether by way of act or omission) of a 10
director in carrying out his or her functions that is likely to bring 11
the authority into disrepute. 12
(3) In particular, the code may contain provisions for or with respect 13
to the following conduct: 14
(a) conduct that contravenes all or specified provisions of this 15
Act or the regulations in all or specified circumstances, 16
(b) improper or unethical conduct, 17
(c) abuse of power and other misconduct, 18
(d) action causing, comprising or involving any of the 19
following: 20
(i) intimidation, harassment or verbal abuse, 21
(ii) discrimination, disadvantage or adverse treatment in 22
relation to employment, 23
(iii) prejudice in the provision of a service to the 24
community, 25
(e) conduct of a director causing, comprising or involving any 26
of the following: 27
(i) directing or influencing, or attempting to direct or 28
influence, a member of the staff of the authority in 29
the exercise of the functions of the staff member, 30
(ii) an act of disorder committed by the director at a 31
meeting of the board of an authority or a committee 32
of the board. 33
(4) A director of a board of an authority must not contravene the 34
code. 35
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(5) Nothing in this section or such a code gives rise to, or can be 1
taken into account in, any civil cause of action, and nothing in 2
this section affects rights or liabilities arising apart from this 3
section. 4
Division 3 Contravention of code of conduct 5
57D Formal censure for contravention of code of conduct 6
(1) An authority may, by resolution at a board meeting, formally 7
censure a director of the board of the authority for a contravention 8
of the code of conduct. 9
(2) A formal censure resolution may be passed only if the board is 10
satisfied that the director has contravened the code on one or 11
more occasions. 12
(3) The board must specify in the formal censure motion the grounds 13
on which it is satisfied that the director should be censured. 14
57E Process for initiating suspension or other action 15
(1) An authority may, by written notice given to the State Council, 16
state the authority's belief that grounds may exist that warrant the 17
suspension of a director of the board of the authority for a 18
contravention of the code of conduct. 19
(2) The State Council, on receipt of the notice, may request that the 20
authority make a report in relation to the alleged contravention. 21
(3) The authority must make the report to the State Council requested 22
under subsection (2) before the date specified in the State 23
Council's request or before a later date allowed by the State 24
Council. 25
(4) The State Council may: 26
(a) conduct an investigation into any or all of the matters 27
raised by or connected with such a notice or report, or 28
(b) authorise another person (an investigator) to conduct such 29
an investigation and to prepare a report into those matters. 30
(5) If the State Council has conducted an investigation or considered 31
an investigator's report into the matters concerned and is satisfied 32
that grounds exist that warrant action being taken in relation to 33
the director, the State Council may do any one or more of the 34
following: 35
(a) by order in writing suspend the director from office for a 36
period not exceeding 3 months, 37
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(b) direct the director to take specified remedial or other 1
action, 2
(c) recommend to the Minister that the director be removed 3
from office under clause 6 (2) of Schedule 1. 4
(6) A copy of the order referred to in subsection (5) (a) must be 5
served on the director. 6
(7) A copy of the direction referred to in subsection (5) (b) must be 7
served on the director. 8
(8) A director, while suspended from office under this section: 9
(a) is not entitled to exercise any functions of the office, and 10
(b) is not entitled to any fee or other remuneration to which he 11
or she would otherwise be entitled as the holder of the 12
office. 13
(9) The period of suspension under an order made by the State 14
Council commences on the date 7 days after the service of the 15
order on the director or the date specified in the order for the 16
commencement of the period of suspension, whichever is the 17
later. 18
(10) If the director fails to take the specified remedial or other action 19
referred to in subsection (5) (b), the State Council may 20
recommend to the Minister that the director be removed from 21
office under clause 6 (2) of Schedule 1. 22
57F Other proceedings or actions not affected 23
Nothing in this Division affects or limits any proceedings or other 24
action that may be taken in respect of a director of a board of an 25
authority. 26
[19] Sections 133 (1) and 232 (2) 27
Omit "or board" wherever occurring. Insert instead "or an authority". 28
[20] Sections 133 (3), 233 (2), 235 (1) and (3), 237 (1) and 238 (2) 29
Omit "or board" wherever occurring. Insert instead "or the authority". 30
[21] Section 215 Appointment of administrator of all functions of State 31
Council 32
Omit section 215 (1) (b). Insert instead: 33
(b) specify a date after which new members may be appointed 34
in accordance with this Act to fill the vacancies on the 35
State Council. 36
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[22] Section 215 (3) 1
Omit "the election". 2
Insert instead "the appointment of new members in accordance with 3
subsection (1)". 4
[23] Section 218 Appointment of administrator of all functions of authorities 5
Omit "may request" from section 218 (2) (b). 6
Insert instead "may order". 7
[24] Section 218 (2) (c) 8
Insert "of the authority" after "the board". 9
[25] Section 221 Administrator to hold special election of directors when 10
directed to do so 11
Omit section 221 (1) and (2). Insert instead: 12
(1) The Minister may, at any time while an administrator of an 13
authority is holding office under section 218, give to the 14
administrator a direction requiring the administrator to hold a 15
special election of directors of the board of the authority. 16
(2) An administrator of an authority that is given such a direction 17
must: 18
(a) by notice published in the Gazette, fix a date for the 19
holding of a special election of the directors of the board of 20
the authority, and 21
(b) hold a special election of directors on that date. 22
[26] Section 222 Definitions 23
Omit "of an amalgamated district" from the definition of constituent parts. 24
Insert instead "of an amalgamated district". 25
[27] Section 223 Appointment of an initial administrator 26
Omit section 223 (1) (a). Insert instead: 27
(a) appoint an administrator to manage the affairs of the 28
authority pending the election of directors of the board of 29
the authority, and 30
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[28] Section 224 Alternative arrangements to appointment of initial 1
administrator 2
Insert after section 224 (3): 3
(3A) The Minister may, by order, direct that a person exercise the 4
functions of director of a district constituted under section 5 as a 5
consequence of an amalgamation (whether or not the person was 6
a director of a district that was a constituent part of an 7
amalgamated district) pending the election of the directors of the 8
board of the authority for the newly constituted district. 9
(3B) The Minister may appoint a person directed under subsection (2), 10
(3) or (3A) to exercise functions as a director to act as 11
Chairperson of the board of the authority of a newly constituted 12
district pending the election of the directors of the board of the 13
authority for the district. 14
[29] Section 226 Notification of divisions of and number of directors of 15
boards for amalgamated districts 16
Omit the section. 17
[30] Schedule 1A 18
Insert before Schedule 1: 19
Schedule 1A Constitution and procedure of 20
Policy Council 21
(Section 17) 22
Part 1 General 23
1 Definitions 24
In this Schedule: 25
Chairperson means the Chairperson of the Policy Council. 26
Deputy Chairperson means the Deputy Chairperson of the 27
Policy Council. 28
member means any member of the Policy Council. 29
Part 2 Constitution 30
2 Terms of office of members 31
Subject to this Schedule and the regulations, a member holds 32
office for such period as is specified in the member's instrument 33
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of appointment, but is eligible (if otherwise qualified) for 1
re-appointment. 2
3 Remuneration 3
(1) A member of the Policy Council appointed by an authority is 4
entitled to be paid by the authority such remuneration (including 5
travelling and subsistence allowances) as the Minister may from 6
time to time determine in respect of the member. 7
(2) A member of the Policy Council appointed by the Minister is 8
entitled to be paid by the State Council such remuneration 9
(including travelling and subsistence allowances) as the Minister 10
may from time to time determine in respect of the member. 11
(3) For the avoidance of doubt, the Minister may determine 12
remuneration for members generally or for a particular class or 13
classes of member. 14
4 Vacancy in office of member 15
(1) The office of a member becomes vacant if the member: 16
(a) dies, or 17
(b) completes a term of office and is not re-appointed, or 18
(c) resigns the office by instrument in writing addressed to the 19
Minister, or 20
(d) is removed from office by the Minister under this clause, 21
or 22
(e) is absent from 3 consecutive meetings of the Policy 23
Council of which reasonable notice has been given to the 24
member personally or by post, except on leave granted by 25
the Minister or unless the member is excused by the 26
Minister for having been absent from those meetings, or 27
(f) becomes bankrupt, applies to take the benefit of any law 28
for the relief of bankrupt or insolvent debtors, compounds 29
with his or her creditors or makes an assignment of his or 30
her remuneration for their benefit, or 31
(g) becomes a mentally incapacitated person, or 32
(h) is convicted in New South Wales of an offence that is 33
punishable by imprisonment for 12 months or more or is 34
convicted elsewhere than in New South Wales of an 35
offence that, if committed in New South Wales, would be 36
an offence so punishable, or 37
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(i) in the case of a member appointed by an authority--ceases 1
to be a director of the board of the authority or is removed 2
from office by the authority under this clause. 3
(2) The Minister may remove a member from office at any time. 4
(3) An authority may remove a member appointed by the authority 5
from office at any time. 6
(4) Subclause (1) (i) does not apply if a person ceases to be a director 7
by completing a term of office as director. 8
Note. A person who ceases to be a director by completing a term of 9
office will continue to be a member of the Policy Council until the 10
person's term of office as such a member concludes. However, if the 11
person ceases to be a director for another reason (for example, failure 12
to attend board meetings), the person will also cease to be a member of 13
the Policy Council. 14
5 Filling of vacancy in office of member 15
If the office of any member appointed under section 15 (1) (a) 16
becomes vacant, a person is, subject to this Act and the 17
regulations, to be appointed to fill the vacancy. 18
6 Chairperson and Deputy Chairperson 19
(1) The members of the Policy Council are to elect a Chairperson and 20
Deputy Chairperson from among the members of that Council 21
appointed under section 15 (1) (a). 22
(2) The Chairperson or Deputy Chairperson vacates office as 23
Chairperson or Deputy Chairperson if he or she: 24
(a) is removed from that office by the Minister under this 25
clause, or 26
(b) resigns that office by instrument in writing addressed to 27
the Minister, or 28
(c) ceases to be a member of the Policy Council. 29
(3) The Minister may at any time remove the Chairperson or Deputy 30
Chairperson from office as Chairperson or Deputy Chairperson. 31
7 Disclosure of pecuniary interests 32
(1) If: 33
(a) a member has a direct or indirect pecuniary interest in a 34
matter being considered or about to be considered at a 35
meeting of the Policy Council, and 36
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(b) the interest appears to raise a conflict with the proper 1
performance of the member's duties in relation to the 2
consideration of the matter, 3
the member must, as soon as possible after the relevant facts have 4
come to the member's knowledge, disclose the nature of the 5
interest at a meeting of the Policy Council. 6
(2) A disclosure by a member at a meeting of the Policy Council that 7
the member: 8
(a) is a member, or is in the employment, of a specified 9
company or other body, or 10
(b) is a partner, or is in the employment, of a specified person, 11
or 12
(c) has some other specified interest relating to a specified 13
company or other body or to a specified person, 14
is a sufficient disclosure of the nature of the interest in any matter 15
relating to that company or other body or to that person which 16
may arise after the date of the disclosure and which is required to 17
be disclosed under subclause (1). 18
(3) Particulars of any disclosure made under this clause must be 19
recorded by the Policy Council in a book kept for the purpose and 20
that book must be open at all reasonable hours to inspection by 21
any person on payment of the fee determined by the Policy 22
Council. 23
(4) After a member has disclosed the nature of an interest in any 24
matter, the member must not, unless the Minister or the Policy 25
Council otherwise determines: 26
(a) be present during any deliberation of the Policy Council 27
with respect to the matter, or 28
(b) take part in any decision of the Policy Council with respect 29
to the matter. 30
(5) For the purposes of the making of a determination by the Policy 31
Council under subclause (4), a member who has a direct or 32
indirect pecuniary interest in a matter to which the disclosure 33
relates must not: 34
(a) be present during any deliberation of the Policy Council 35
for the purpose of making the determination, or 36
(b) take part in the making by the Policy Council of the 37
determination. 38
(6) A contravention of this clause does not invalidate any decision of 39
the Policy Council. 40
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(7) This clause applies to a member of a committee of the Policy 1
Council and the committee in the same way as it applies to a 2
member of the Policy Council and the Policy Council. 3
8 Effect of certain other Acts 4
(1) Chapter 2 of the Public Sector Employment and Management Act 5
2002 does not apply to or in respect of the appointment of a 6
member. 7
(2) If by or under any Act provision is made: 8
(a) requiring a person who is the holder of a specified office to 9
devote the whole of his or her time to the duties of that 10
office, or 11
(b) prohibiting the person from engaging in employment 12
outside the duties of that office, 13
the provision does not operate to disqualify the person from 14
holding that office and also the office of member or from 15
accepting and retaining any remuneration payable to the person 16
under this Act as a member. 17
9 Personal liability 18
A matter or thing done or omitted to be done by the Policy 19
Council, a member of the Policy Council or a person acting under 20
the direction of the Policy Council does not, if the matter or thing 21
was done or omitted to be done in good faith for the purpose of 22
executing this or any other Act, subject a member or a person so 23
acting personally to any action, liability, claim or demand. 24
Part 3 Procedure 25
10 General procedure 26
The procedure for the calling of meetings of the Policy Council 27
and for the conduct of business at those meetings is, subject to 28
this Act and the regulations, to be as determined by the Policy 29
Council. 30
11 Quorum 31
The quorum for a meeting of the Policy Council is a majority of 32
its members for the time being. 33
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12 Presiding member 1
(1) The Chairperson (or, in the absence of the Chairperson, the 2
Deputy Chairperson, or in the absence of both the Chairperson 3
and the Deputy Chairperson, a person elected by the members of 4
the Policy Council who are present at a meeting of the Policy 5
Council) is to preside at a meeting of the Policy Council. 6
(2) The presiding member has a deliberative vote and, in the event of 7
an equality of votes, has a second or casting vote. 8
13 Voting 9
A decision supported by a majority of the votes cast at a meeting 10
of the Policy Council at which a quorum is present is the decision 11
of the Policy Council. 12
14 Transaction of business outside meetings or by telephone 13
(1) The Policy Council may, if it thinks fit, transact any of its 14
business by the circulation of papers among all the members of 15
the Policy Council for the time being, and a resolution in writing 16
approved in writing by a majority of those members is taken to be 17
a decision of the Policy Council. 18
(2) The Policy Council may, if it thinks fit, transact any of its 19
business at a meeting at which members (or some members) 20
participate by telephone, closed-circuit television or other means, 21
but only if any member who speaks on a matter before the 22
meeting can be heard by the other members. 23
(3) For the purposes of: 24
(a) the approval of a resolution under subclause (1), or 25
(b) a meeting held in accordance with subclause (2), 26
the Chairperson and each member have the same voting rights as 27
they have at an ordinary meeting of the Policy Council. 28
(4) A resolution approved under subclause (1) is, subject to the 29
regulations, to be recorded in the minutes of the meetings of the 30
Policy Council. 31
(5) Papers may be circulated among the members for the purposes of 32
subclause (1) by facsimile or other transmission of the 33
information in the papers concerned. 34
15 First meeting 35
The Minister may call the first meeting of the Policy Council in 36
such manner as the Minister thinks fit. 37
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[31] Schedule 1, heading 1
Omit the heading and section reference. Insert instead: 2
Schedule 1 Constitution and procedure of State 3
Council and boards of authorities 4
(Sections 21 and 39) 5
[32] Schedule 1, clause 1 6
Insert in alphabetical order: 7
board means board of an authority. 8
[33] Schedule 1, clause 3 (3) (b) and (c) 9
Omit "a board" wherever occurring. Insert instead "an authority". 10
[34] Schedule 1, clause 4 11
Omit the clause. Insert instead: 12
4 Terms of office of members 13
(1) Subject to this Schedule and the regulations, a member holds 14
office for such period as is specified in the member's instrument 15
of appointment, but is eligible (if otherwise qualified) for 16
re-appointment. 17
(2) A person is not eligible to hold office as a member for more than 18
8 years in total or such other period as may be prescribed by the 19
regulations (whether or not involving consecutive terms of 20
office). 21
[35] Schedule 1, clause 5 (1) 22
Omit "State Conference". Insert instead "Minister". 23
[36] Schedule 1, clause 5 (2) 24
Omit "A board". Insert instead "An authority". 25
[37] Schedule 1, clause 5 (2) 26
Omit "State Council". Insert instead "Minister". 27
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[38] Schedule 1, clause 5 (3) and (4) 1
Insert after clause 5 (2): 2
(3) The Minister may fix different rates under subclause (2) for 3
elected and appointed directors. 4
(4) A fee paid under this clause does not constitute salary for the 5
purposes of any Act. 6
[39] Schedule 1, clause 6 7
Omit clause 6 (1) (i) and (j). Insert instead: 8
(i) in the case of an elected director--ceases: 9
(i) to be an occupier or owner of a holding that consists 10
wholly or partly of rateable land that: 11
(A) is within the division for which the person 12
was elected or appointed, or 13
(B) if the district is not divided into divisions, is 14
within the district, or 15
(ii) to hold any other qualification for election as a 16
director, or 17
(j) in the case of a member appointed under section 20 (1) 18
(a)--ceases to be a director. 19
[40] Schedule 1, clause 6 (1A) and (2) 20
Omit clause 6 (2). Insert instead: 21
(1A) Subclause (1) (j) does not apply if a person ceases to be a director 22
by completing a term of office as director. 23
Note. A person who ceases to be a director by completing a term of 24
office will continue to be a member of the State Council until the person's 25
term of office as such a member concludes. However, if the person 26
ceases to be a director for another reason (for example, failure to attend 27
board meetings), the person will also cease to be a member of the State 28
Council. 29
(2) The Minister may, by notice published in the Gazette, remove 30
any member or director from office: 31
(a) at any time for incapacity, incompetence or misbehaviour, 32
or 33
(b) in relation to a director--on the recommendation of the 34
State Council under section 57E. 35
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[41] Schedule 1, clauses 7 and 7A 1
Omit clause 7. Insert instead: 2
7 Filling of vacancy in office of member or appointed director 3
If the office of a member or appointed director becomes vacant, 4
a person is, subject to this Act, to be appointed to fill the vacancy. 5
7A Filling of vacancy in office of elected director 6
(1) If the office of an elected director becomes vacant, a person is, 7
subject to this Act, to be elected to fill the vacancy. The director 8
so elected holds office, subject to clause 6, for the remainder of 9
the term of office of the director whose office he or she is filling. 10
(2) If the vacation of office occurs within 6 months before the term 11
of office of an elected director would have expired, the Minister 12
may appoint a person who would be qualified to be elected as a 13
director to fill the office for the remainder of that term. 14
(3) The term of office of a person elected or appointed in accordance 15
with this clause is to be disregarded for the purposes of clause 9 16
(3) of Schedule 2. 17
[42] Schedule 1, clause 8 (1A) 18
Insert before clause 8 (1): 19
(1A) The members of the State Council are to elect a Chairperson and 20
Deputy Chairperson from among the members of that Council 21
appointed under section 20 (1) (a) and (b). 22
[43] Schedule 1, clauses 10 and 11 (7) (b) 23
Omit "the board" wherever occurring. Insert instead "the authority". 24
[44] Schedule 1, clause 12 25
Omit "The State Council or board" wherever occurring. 26
Insert instead "The State Council or authority". 27
[45] Schedule 1, clause 12 (1) (b) and (3) 28
Omit "or board" wherever occurring. Insert instead "or the authority". 29
[46] Schedule 1, clause 15 (1) (a) 30
Insert "elected" before "directors". 31
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[47] Schedule 1, clause 19 1
Omit clause 19 (1)(3). Insert instead: 2
The quorum for a meeting of the State Council, or a board of an 3
authority, is a majority of the members, or the directors of the 4
board, for the time being. 5
[48] Dictionary 6
Omit "a board" wherever occurring from the definitions of animal health rate, 7
annual return and general rate. 8
Insert instead "an authority". 9
[49] Dictionary 10
Insert in alphabetical order: 11
appointed director means a director of a board of an authority 12
referred to in section 39 (3) (b). 13
authority means a livestock health and pest authority constituted 14
for a district under this Act. 15
director, director of a board, director of a district and director of 16
an authority means a director of a board of an authority. 17
elected director means a director of a board of an authority 18
referred to in section 39 (3) (a) (and includes any director 19
appointed under clause 2 (2) of Schedule 2). 20
Policy Council means the State Policy Council of Livestock 21
Health and Pest Authorities established by this Act. 22
selection on merit, in relation to the appointment of a Policy or 23
State Council member or a director, means the appointment of the 24
member or director after some form of open competition 25
involving the selection of the member or director to be appointed 26
as the person who has the greatest merit among candidates for 27
appointment. 28
[50] Dictionary 29
Omit "a board" and "the board" from the definitions of authorising authority. 30
Insert instead "an authority" and "the authority", respectively. 31
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[51] Dictionary 1
Omit the definitions of board and district. Insert instead: 2
board means a board of an authority. 3
district means a livestock health and pest district constituted by 4
or under this Act. 5
[52] Dictionary, definition of "guidelines" 6
Omit "section 25". Insert instead "section 23". 7
[53] Dictionary 8
Omit "responsible board" from the definition of occupier. 9
Insert instead "responsible authority". 10
[54] Dictionary 11
Omit the definitions of region and State Conference. 12
[55] Dictionary 13
Omit the definition of State Council. Insert instead: 14
State Council means the State Management Council of Livestock 15
Health and Pest Authorities constituted by this Act. 16
[56] The whole Act as amended (other than sections 20, 39, 40, 133, 214A, 218 17
(2) (c), (4) and (5), 221, 223225, 243 (2) (i), Part 6A, Schedules 1A, 1, 2, 7 18
and 8, the Dictionary and the headings to sections 118120 and 214) 19
Omit "a board", "the board", "boards", "A board", "each board", "boards'", "a 20
board's", "The board", "the board's", "A board's", "relevant board", 21
"responsible board", "or board's" and "affected board" wherever occurring. 22
Insert instead "an authority", "the authority", "authorities", "An authority", 23
"each authority", "authorities'", "an authority's", "The authority", "the 24
authority's", "An authority's", "relevant authority", "responsible authority", 25
"or authority'," and "affected authority", respectively. 26
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Schedule 2 Amendments to Rural Lands Protection 1
Act 1998 relating to elections for and 2
appointments of directors 3
(Section 3) 4
Schedule 2 5
Omit the Schedule. Insert instead: 6
Schedule 2 Election or appointment of directors 7
(Sections 39 (7), 221 and 223) 8
Part 1 Preliminary 9
1 Definitions 10
In this Schedule: 11
enrolment officer means a person authorised by the State 12
Council to act as the enrolment officer for an authority for the 13
purposes of this Schedule. 14
general election means a general election of directors held as 15
referred to in clause 7. 16
relevant day means: 17
(a) in the case of an election--the closing day for nomination 18
of candidates for the election, or 19
(b) in the case of an appointment--the day on which the 20
appointment takes effect. 21
special election means a special election of directors held in 22
accordance with clause 10. 23
Part 2 Election and appointment of directors 24
2 Elected directors 25
(1) The elected directors of a board for a district are to be elected by 26
the persons who are enrolled to vote: 27
(a) in a general election, or 28
(b) if a casual vacancy occurs in the office of any director of 29
the board--in a special election to fill that vacancy. 30
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(2) If no person is nominated at a general election or special election, 1
or if for any other reason an election fails, the Minister may 2
appoint a person eligible for election to be a director (or who 3
would be eligible except for clause 9 (3)), and the person, on 4
being appointed, is taken to be a person elected in accordance 5
with this clause. 6
3 Entitlement to vote at an election 7
A person is entitled to vote at a general election or special 8
election for the directors of a board for a district if on the date on 9
which the roll is closed the person is enrolled, in accordance with 10
this Schedule, as an elector for the district (or, if the district is 11
divided into divisions, as an elector for a division of the district). 12
4 Qualification for election or appointment as director 13
(1) A person is qualified for election as an elected director of a board 14
if on the relevant day the person is: 15
(a) the occupier (or one of the occupiers) or the owner (or one 16
of the owners) of a holding that consists wholly or partly 17
of rateable land that is within the division for which the 18
person is to be elected or appointed or, if the district is not 19
divided into divisions, is within the district, or 20
(b) a nominee of a corporation that is the occupier or owner of 21
such a holding. 22
Note. See section 8 (When is a holding within a district?). 23
(2) A person is not qualified for election as a director of a board of 24
an authority for a district if, on the relevant day: 25
(a) the person is a director of any other board, or 26
(b) the person has nominated as a candidate for an election as 27
director of a board for another district, being an election 28
that has not yet been determined, or 29
(c) the person has nominated as a candidate for an election as 30
director for another division in the same district, being an 31
election that has not yet been determined, or 32
(d) the person is a member of staff of the authority for which 33
the board is established, or 34
(e) the person has served the maximum term of office as a 35
director as specified under clause 9 (3). 36
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5 Disqualification for election or appointment as director 1
A person is not qualified for election or appointment as an 2
appointed or elected director of a board for a district if, at any 3
time during the 4 year period preceding the relevant day, the 4
person had been removed from office as a director of a board 5
under section 218. 6
Part 3 Conduct of elections 7
6 General provisions applicable to elections of directors of boards 8
A general election or special election must be conducted by post 9
in accordance with the procedure prescribed by the regulations. 10
7 When is general election of directors to be held? 11
The State Council is to ensure that: 12
(a) a general election for the elected directors of each board is 13
held to enable the directors of the board elected at the 14
general election to take office on 1 May 2009 (or such 15
other date as may be prescribed by the regulations), and 16
(b) a general election for the elected directors of each board is 17
held to enable the directors of the board elected at the 18
general election to take office on 1 May 2013. 19
8 Delayed election 20
(1) If the Minister is of the opinion that it would be impractical or 21
inconvenient to hold a general election of the directors of any 22
board in time for the directors to take office when required by 23
clause 7, the Minister may, by order published in the Gazette, 24
appoint a later day by which a general election must be held and 25
the directors be able to take office. 26
(2) The Minister is to serve a copy of an order under this clause on 27
each authority to which it relates. 28
(3) If a later day is appointed under this clause: 29
(a) the retiring directors continue in office until that day, and 30
if a retiring director resigns in the meantime, his or her 31
office is vacant until that day, and 32
(b) clause 7 applies as if the date by which the directors must 33
be able to take office under that clause were the date 34
appointed by the Minister, and 35
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(c) clause 7A of Schedule 1 and clause 10 cease to apply to 1
any vacancy occurring in the office of a director after the 2
order appointing a later day is published in the Gazette and 3
the Minister may, if he or she thinks fit, appoint a person 4
who would be qualified to be elected as a director to fill the 5
office until the later day. 6
9 Term of office of directors 7
(1) Subject to this Schedule and the regulations, the term of office of 8
an elected director of a board expires on the day immediately 9
before the general election held after his or her election as a 10
director. 11
(2) Subject to this Schedule and the regulations, an appointed 12
director holds office for the term specified in the director's 13
instrument of appointment, but is eligible (if otherwise qualified) 14
for re-appointment. 15
(3) A person is not eligible to hold office as a director (whether 16
elected or appointed) for more than the following period (whether 17
or not involving consecutive terms of office): 18
(a) in the case of a director who is or has been a member of the 19
State Council (after 1 January 2009)--12 years in total or 20
such other period as may be prescribed by the regulations, 21
or 22
(b) in any other case--8 years in total or such other period as 23
may be prescribed by the regulations. 24
10 Special election to be held to fill a casual vacancy in the office of 25
director 26
(1) An authority must hold a special election to fill any vacancy that 27
occurs in the office of any elected director of the board of the 28
authority within 3 months after the occurrence of the vacancy. 29
(2) However, if such a vacancy occurs within the period of 6 months 30
immediately preceding the date on which directors elected at a 31
general election are to take office, an election to fill the vacancy 32
must not be held. 33
Note. See section 221 (Administrator to hold special election of directors 34
when directed to do so). 35
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Part 4 Enrolment of electors 1
11 Authority to establish and maintain an electors' roll 2
(1) An authority established for a district that is divided into 3
divisions must establish and maintain a roll for each division 4
containing: 5
(a) the full name and postal address of each person enrolled in 6
respect of a holding that is within the division, and 7
(b) particulars identifying the holding. 8
Note. See section 8 (When is a holding within a district?). 9
(2) An authority established for a district that is not divided into 10
divisions must establish and maintain a roll for the district 11
containing: 12
(a) the full name and postal address of each person enrolled in 13
respect of a holding that is within the district, and 14
(b) particulars identifying the holding. 15
(3) An enrolment officer for an authority is to be responsible for 16
regularly updating the roll required to be established and 17
maintained by the authority under this clause. 18
(4) Without limiting subclause (3), the enrolment officer, subject to 19
this Schedule, is to: 20
(a) include a person's name on the roll as soon as practicable 21
after being notified or otherwise becoming aware that the 22
person is required by this Schedule to be enrolled (for 23
example on being notified of a change of ownership of a 24
holding by the Land Titles Office), and 25
(b) remove a person's name from the roll as soon as 26
practicable after being notified or otherwise becoming 27
aware that the person is no longer required to be enrolled. 28
12 Which persons are to be enrolled 29
(1) Except as provided in this Part, a maximum of 2 persons are to be 30
enrolled in respect of each holding that is situated: 31
(a) within a division of a district, if the district is divided into 32
divisions, or 33
(b) within a district, if the district is not divided into divisions. 34
(2) A person may be enrolled in respect of a holding only if: 35
(a) the holding consists wholly or partly of rateable land, and 36
(b) the person is an individual who is 18 or more years old. 37
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(3) The following persons are to be enrolled in respect of a holding: 1
(a) an individual who is the only occupier of the holding, 2
(b) if there are 2 individuals who are occupiers of the holding 3
--both the individuals, 4
(c) if more than 2 individuals are occupiers of a holding: 5
(i) where a nomination has been made in accordance 6
with clause 13--the 2 individuals so nominated. 7
(ii) where no such nomination has been made--2 of 8
those individuals determined by selecting the first 2 9
names of occupiers occurring in alphabetical order, 10
(d) in the case where the occupier of the holding is a 11
corporation--2 individuals who have been nominated for 12
the holding by the corporation in accordance with clause 13
13. 14
(4) Despite subclause (3), a person is not to be enrolled in respect of 15
more than one holding: 16
(a) within a division of a district, if the district is divided into 17
divisions, or 18
(b) within a district, if the district is not divided into divisions. 19
(5) For the purposes of this clause, a person who occupies 2 or more 20
holdings in a district that are treated as a single holding under 21
section 59: 22
(a) is to be treated as the occupier of one holding only, and 23
(b) if the district is divided into divisions, that holding is to be 24
taken to be located in the division in which the majority of 25
the rateable land occupied by the person is situated. 26
13 Nomination of electors for holding--more than 2 human occupiers 27
or corporate occupier 28
(1) District divided into divisions 29
If 2 or more individuals are occupiers of a holding in a division 30
of a district, they may nominate at least one of those individuals 31
(but not more than 2 of those individuals) as the persons to be 32
enrolled in respect of the holding as an elector for the division. 33
(2) A corporation that is the occupier of a holding within a division 34
of a district may nominate up to 2 individuals as the persons to be 35
enrolled in respect of the holding. 36
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Rural Lands Protection Amendment Bill 2008
Schedule 2 Amendments to Rural Lands Protection Act 1998 relating to elections for
and appointments of directors
(3) Undivided district 1
If 2 or more individuals are occupiers of a holding in a district 2
that is not divided into divisions, they may nominate at least one 3
of those individuals (but not more than 2 of those individuals) as 4
the persons to be enrolled in respect of the holding as an elector 5
for the district. 6
(4) A corporation that is the occupier of a holding within a district 7
that is not divided into divisions may nominate up to 2 8
individuals as the persons to be enrolled in respect of the holding. 9
(5) A nomination under this clause is to be in writing in the approved 10
form and is to be given to the authority. 11
Note. See section 240 (Service and giving of notices and other 12
documents). 13
(6) In this clause, holding means a holding that consists wholly or 14
partly of rateable land. 15
14 Objections to enrolment where not related to validity of election 16
(1) Any person who is enrolled on a roll may object to the State 17
Council to the inclusion or exclusion of the name of any person 18
on or from the roll. 19
(2) An objection must be made in the approved form. 20
(3) The State Council must send particulars of an objection to the 21
person to whom the objection relates (if the objector is not that 22
person). 23
(4) The person to whom an objection relates may lodge a written 24
reply with the State Council within 30 days after the date on 25
which particulars of the objection were sent to that person. 26
(5) The State Council must consider each objection, and any reply 27
received within that 30 day period, and may make such inquiries 28
as the State Council thinks fit. 29
(6) The State Council may decide to accept or reject an objection. 30
(7) The State Council must inform the person to whom the objection 31
relates, and the objector (if the objector is not that person), in 32
writing, of the State Council's decision. 33
(8) The relevant enrolment officer must amend the relevant roll in 34
accordance with that decision if required to do so to give effect to 35
the State Council's decision. 36
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Rural Lands Protection Amendment Bill 2008
Amendments to Rural Lands Protection Act 1998 relating to elections for Schedule 2
and appointments of directors
(9) The State Council may require a person who lodges an objection, 1
or who replies to an objection, to verify the objection or reply by 2
statutory declaration. 3
15 Method of disputing elections and returns 4
(1) A person who is dissatisfied with the following may dispute the 5
validity of an election by an application made to the Land and 6
Environment Court, and not otherwise: 7
(a) the conduct of the election, 8
(b) any decision of an enrolment officer under this Schedule 9
(including a decision to include or exclude a person's 10
name in or from a roll). 11
(2) An application to the Land and Environment Court under 12
subclause (1) must set out the facts relied on to invalidate the 13
election. 14
(3) Any person may make an application to the Court under this 15
clause within 28 days after the enrolment officer has publicly 16
declared the result of the election that is the subject of the 17
application. 18
16 Powers of Land and Environment Court 19
In determining an application under clause 15, the Land and 20
Environment Court has the same powers as are conferred by 21
section 161 of the Parliamentary Electorates and Elections Act 22
1912 on the Court of Disputed Returns. 23
17 Right of enrolment officer to be represented 24
The enrolment officer is entitled to be represented at the hearing 25
of an application under clause 15. 26
18 Procedure 27
(1) The procedure of the Land and Environment Court on an 28
application under clause 15 is to be determined by rules of court, 29
or in the absence of rules of court, by the Court or a judge of the 30
Court. 31
(2) The Land and Environment Court is not bound by the rules or 32
practice of evidence and can inform itself on any matter in such 33
manner as it considers appropriate. 34
19 Regulations 35
The regulations may make provision for or with respect to 36
elections (including the keeping of rolls). 37
Page 35
Rural Lands Protection Amendment Bill 2008
Schedule 3 Amendments to Rural Lands Protection Act 1998 relating to periodic
elections for directors
Schedule 3 Amendments to Rural Lands Protection 1
Act 1998 relating to periodic elections for 2
directors 3
(Section 3) 4
[1] Section 249 5
Insert after section 248: 6
249 Amendment of Act to commence periodic elections for directors 7
(1) Schedule 8 commences on 1 January 2014. 8
(2) This section and Schedule 8 are repealed on 2 January 2014. 9
(3) The repeal of this section and Schedule 8 does not, because of the 10
operation of section 30 of the Interpretation Act 1987, affect any 11
amendment made by Schedule 8. 12
[2] Schedule 8 13
Insert after Schedule 7: 14
Schedule 8 Amendment of Act to establish 15
periodic elections 16
(Section 249) 17
Note. The amendments made by this Schedule commence on 1 January 2014 (see 18
section 249). 19
[1] Section 223 Appointment of an initial administrator 20
Omit "general or" wherever occurring in section 223 (1) (b) and (2) (b). 21
[2] Schedule 1 Constitution and procedure of State Council and 22
boards of authorities 23
Omit "general election" from clause 9 (1) (a) (as amended by 24
Schedule 5). 25
Insert instead "periodic election". 26
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Rural Lands Protection Amendment Bill 2008
Amendments to Rural Lands Protection Act 1998 relating to periodic Schedule 3
elections for directors
[3] Schedule 1, clause 15 1
Omit clause 15 (1) (a). Insert instead: 2
(a) where vacant positions of directors are filled at a 3
periodic election--within one month, or within such 4
extended period as the State Council allows, after 5
that election, or 6
[4] Schedule 2 Election or appointment of directors 7
Omit the definition of general election from clause 1. 8
Insert instead in alphabetical order: 9
periodic election means an election for elected directors of 10
a board held as referred to in clause 7. 11
[5] Schedule 2, clauses 2, 3, 6 and 8 12
Omit "general election" wherever occurring. 13
Insert instead "periodic election". 14
[6] Schedule 2, clause 7 15
Omit the clause. Insert instead: 16
7 Timing of periodic elections 17
The State Council is to ensure that: 18
(a) a periodic election is held for each board for the 19
elected director offices falling vacant in 2015 to 20
enable the directors so elected at the election to take 21
office on 1 May 2015, and 22
(b) periodic elections are subsequently held in every 23
second year after 2015 for the elected director 24
offices falling vacant in those years to enable 25
directors elected at those periodic elections to take 26
office on 1 May in that year. 27
[7] Schedule 2, clause 9 (1) 28
Omit the subclause. Insert instead: 29
(1) Subject to this Schedule and the regulations, the term of 30
office of an elected director of a board expires on the day 31
immediately before the second periodic election held after 32
his or her election as a director. 33
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Rural Lands Protection Amendment Bill 2008
Schedule 3 Amendments to Rural Lands Protection Act 1998 relating to periodic
elections for directors
[8] Schedule 2, clause 10 (2) 1
Omit the subclause. Insert instead: 2
(2) However, if the vacation of office occurs within 6 months 3
before the term of office of the elected director concerned 4
would have expired, an election to fill the vacancy must 5
not be held. 6
[9] Schedule 2, Part 5 7
Insert after Part 4: 8
Part 5 Elections after all elected director 9
positions fall vacant 10
20 Regulations regarding elections for all elected director 11
positions 12
The regulations may make provision for or with respect to 13
the holding of an election for all elected director positions 14
(for example, after an amalgamation under section 5 or 15
after the appointment of an administrator under section 16
218) and, specifically, may make provision for the 17
recommencement of a cycle of periodic elections. 18
[10] Dictionary 19
Omit the definition of general election. 20
[11] Dictionary 21
Insert in alphabetical order: 22
periodic election--see clause 7 of Schedule 2. 23
Page 38
Rural Lands Protection Amendment Bill 2008
Amendments to Rural Lands Protection Act 1998 relating to rating Schedule 4
Schedule 4 Amendments to Rural Lands Protection 1
Act 1998 relating to rating 2
(Section 3) 3
[1] Section 58 Definitions 4
Omit the definition of notional carrying capacity. 5
[2] Section 61 What are the types of rate? 6
Insert after section 61 (2): 7
(3) A rate may consist of: 8
(a) a base amount, and 9
(b) an amount calculated on a per hectare basis. 10
[3] Section 62 When are rates to be made and levied? 11
Omit section 62 (5) (a) and (b). 12
[4] Section 62 (6) 13
Insert after section 62 (5): 14
(6) An authority may, in accordance with the regulations or any 15
guidelines given by the State Council, if any, divide its district 16
into zones and make and levy different rates for different zones. 17
[5] Part 7, Division 4 18
Omit the Division. 19
[6] Part 7, Division 5, heading 20
Omit the heading. Insert instead: 21
Division 5 Appeals against rates 22
[7] Section 72 Appeals against assessment 23
Omit the section. 24
[8] Section 74 Hearing of appeals 25
Omit section 74 (1). 26
Page 39
Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
Schedule 5 Miscellaneous amendments to Rural 1
Lands Protection Act 1998 2
(Section 3) 3
[1] Long title 4
Omit the long title. Insert instead: 5
An Act to provide for the protection of rural lands; to provide for 6
the establishment of the State Policy Council of Livestock Health 7
and Pest Authorities and the constitution of livestock health and 8
pest authorities and the State Management Council of Livestock 9
Health and Pest Authorities and for the functions of those bodies; 10
to regulate travelling stock reserves, stock watering places and 11
the transportation of stock by vehicle; to provide for the control 12
of certain pests; and for other purposes. 13
[2] Section 2A 14
Insert after section 2: 15
2A Objects of Act 16
The objects of this Act are as follows: 17
(a) to establish livestock health and pest districts, 18
(b) to constitute livestock health and pest authorities and the 19
State Management Council of Livestock Health and Pest 20
Authorities and to establish the State Policy Council of 21
Livestock Health and Pest Authorities, 22
(c) to confer functions on livestock health and pest authorities 23
and the State Council including, but not limited to, 24
functions relating to animal health and production, pest 25
control, drought and natural disaster relief schemes, 26
(d) to provide for the funding of livestock health and pest 27
authorities by a system of rates, 28
(e) to provide for the funding of the State Council by a system 29
of contributions from livestock health and pest authorities, 30
(f) to provide for the sustainable management of travelling 31
stock reserves and stock watering places, 32
(g) to deal with certain unattended and trespassing stock, 33
(h) to regulate the movement of stock, 34
(i) to provide for the control of pests, including by way of pest 35
control orders and eradication orders. 36
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Rural Lands Protection Amendment Bill 2008
Miscellaneous amendments to Rural Lands Protection Act 1998 Schedule 5
[3] Section 12 Authorities accountable to State Council 1
Omit "requests". Insert instead "orders". 2
[4] Part 5, Division 3, heading 3
Omit the heading. Insert instead: 4
Division 3 Authorities to comply with State Council's 5
orders 6
[5] Part 5, Division 3 7
Omit "request" wherever occurring in the Division (other than where 8
occurring in "a request" and in the note to section 29). 9
Insert instead "order". 10
[6] Part 5, Division 3 11
Omit "a request" wherever occurring in the Division. Insert instead "an order". 12
[7] Section 33 Financial year of State Council 13
Omit "1 January". Insert instead "1 July". 14
[8] Section 42 Functions generally 15
Omit section 42 (5) and (6). 16
[9] Section 43 17
Insert after section 42: 18
43 Animal health functions 19
(1) Without limiting section 42, an authority has the following 20
functions in relation to animal health: 21
(a) the facilitation of the provision of the following types of 22
programs (including by providing resources for such 23
programs): 24
(i) animal disease prevention, management, control 25
and eradication programs, 26
(ii) chemical residue prevention, management and 27
control programs, 28
(b) the delivery of advisory services (including by providing 29
resources for such services) related to the following: 30
(i) animal disease prevention, management, control 31
and eradication, 32
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Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
(ii) chemical residue prevention, management and 1
control, 2
(c) the provision of resources for conducting animal disease 3
surveillance programs, 4
(d) the collection, collation, interpretation and reporting of 5
animal disease surveillance information, 6
(e) the maintenance of records relating to, and making reports 7
on, the disease status and chemical residue status of stock 8
and land, 9
(f) the provision of animal health services (including advisory 10
services and services related to animal production) with 11
respect to stock and any other animal that has a disease that 12
may affect stock in the authority's district, 13
(g) the implementation of emergency animal disease 14
preparedness and response programs. 15
Note. Functions relating to animal health are also dealt with under the 16
memorandum of understanding entered into under section 13. 17
(2) Nothing in subsection (1) (f) confers a function on an authority to 18
provide animal health services of a kind that would ordinarily be 19
provided by a private veterinary practitioner. 20
[10] Section 44 Authorities to prepare draft function management plans 21
Omit section 44 (1). Insert instead: 22
(1) An authority must, within the periods specified by the State 23
Council, prepare the following: 24
(a) a draft function management plan for its functions in 25
respect of all travelling stock reserves under its care, 26
control and management, 27
(b) a draft function management plan for its animal health 28
functions. 29
[11] Section 49 Function to be exercised in accordance with relevant function 30
management plan 31
Insert after section 49 (2): 32
(3) In the event of an inconsistency between a function management 33
plan and a memorandum of understanding entered into under 34
section 13 (1) (or an instrument issued under such a 35
memorandum of understanding), the memorandum of 36
understanding (or instrument) prevails to the extent of the 37
inconsistency. 38
Page 42
Rural Lands Protection Amendment Bill 2008
Miscellaneous amendments to Rural Lands Protection Act 1998 Schedule 5
[12] Section 53 Financial year of authority 1
Omit "1 January" from section 53 (1). Insert instead "1 July". 2
[13] Section 56 What information is publicly available? 3
Insert after paragraph (e) of the definition of publicly available document in 4
section 56 (1): 5
(f) any roll required to be established and maintained by a 6
board under clause 11 of Schedule 2. 7
[14] Section 56A 8
Insert after section 56: 9
56A Director-General may direct authority staff during emergency 10
disease outbreaks 11
(1) During an emergency animal disease outbreak period, the 12
Director-General may direct members of the animal health staff 13
of an authority to take such actions as the Director-General 14
considers appropriate. 15
(2) A member of the animal health staff of the authority is to comply 16
with any such direction. 17
(3) In this section: 18
emergency animal disease outbreak period means a period: 19
(a) that commences on the date that an order under section 76 20
of the Animal Diseases (Emergency Outbreaks) Act 1991 21
comes into force, and 22
(b) ends on the date that the Director-General determines, by 23
notice in writing given to the State Council and each 24
authority, for the purposes of this paragraph. 25
member of the animal health staff, of an authority, means a 26
member of staff of the authority who is: 27
(a) a veterinarian, or 28
(b) an inspector within the meaning of the Stock Diseases Act 29
1923. 30
[15] Section 72 Appeals against assessment 31
Insert after section 72 (2): 32
(3) Before hearing an appeal against an assessment of the notional 33
carrying capacity of a holding, the local land board must be 34
satisfied that the appellant has paid all rates that the appellant is 35
liable to pay under this Act, other than any rates based on the 36
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Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
assessment of the notional carrying capacity that is the subject of 1
the appeal. 2
[16] Section 100 Reserve use permit 3
Omit "on any day at any time" from section 100 (1). 4
[17] Section 100 (1) 5
Insert "in the authority's district" after "travelling stock reserve". 6
[18] Section 100 (1A) 7
Insert after section 100 (1): 8
(1A) A reserve use permit must specify the days, or times of day, or 9
both, that the activity, or occupation or use, is authorised. 10
[19] Section 101 Stock permits authorising certain uses of travelling stock 11
reserves and public roads 12
Insert "in the authority's district" after "travelling stock reserve" in section 13
101 (1). 14
[20] Section 102 Applications for stock permits and reserve use permits 15
Omit section 102 (2). Insert instead: 16
(2) A permit must not be issued unless: 17
(a) in relation to a reserve use permit (as referred to in section 18
100 (1))--the fee (if any) determined by the authority has 19
been paid or arrangements have been made for payment of 20
the fee after issue of the permit, or 21
(b) in relation to a stock permit that solely authorises a person 22
to walk stock on a public road or travelling stock reserve 23
(as referred to in section 101 (2) (c))--the fee (if any) 24
determined by the authority has been paid or arrangements 25
have been made for payment of the fee after issue of the 26
permit, or 27
(c) in relation to a stock permit that solely authorises a person 28
to graze stock on a public road (as referred to in section 29
101 (2) (d))--the fee (if any) prescribed by the regulations 30
in respect of the permit, or such lesser amount as may be 31
determined by the authority in accordance with subsection 32
(2A), has been paid or arrangements have been made for 33
payment of the fee or the lesser amount after issue of the 34
permit, or 35
(d) in relation to a stock permit that solely authorises a person 36
to graze stock on a controlled travelling stock reserve (as 37
Page 44
Rural Lands Protection Amendment Bill 2008
Miscellaneous amendments to Rural Lands Protection Act 1998 Schedule 5
referred to in section 101 (2) (d))--the following fee (if 1
any) or amount has been paid or arrangements have been 2
made for payment of the fee or amount after issue of the 3
permit: 4
(i) the fee determined by an auction, public tender or 5
other means approved by the State Council for the 6
permit, 7
(ii) the fee (if any) prescribed by the regulations in 8
respect of the permit, or such lesser amount as may 9
be determined by the authority in accordance with 10
subsection (2A), or 11
(e) in relation to any other stock permit--the fee (if any) 12
prescribed by the regulations in respect of the permit, or 13
such lesser amount as may be determined by the authority 14
in accordance with subsection (2A), has been paid or 15
arrangements have been made for payment of the fee or the 16
lesser amount after issue of the permit. 17
[21] Section 102 (4) 18
Insert after section 102 (3): 19
(4) If an authority has determined that the fee for a stock permit that 20
solely authorises a person to graze stock on a controlled 21
travelling stock reserve is to be determined by an auction, public 22
tender or other means approved by the State Council (as referred 23
to in subsection (2) (d) (i)) and such an auction, public tender or 24
determination by other means occurs, the authority may not 25
accept the fee or lesser amount (as referred to in subsection (2) 26
(d) (ii)) for the permit. 27
[22] Section 134 Leases of stock watering places 28
Insert after section 134 (2): 29
(3) A lease of a stock watering place may, with the approval of the 30
controlling authority of that place, be transferred to another 31
person. 32
[23] Section 144 When can a pest control order be made? 33
Omit section 144 (2) and (3). Insert instead: 34
(2) The Minister must consult with such persons or organisations as 35
may be prescribed by the regulations for the purposes of this 36
subsection before making a pest control order declaring: 37
(a) any member of the animal kingdom that is a native species, 38
or 39
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Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
(b) a game animal that is listed in section 5 (1) of the Game 1
and Feral Animal Control Act 2002, 2
to be a pest. 3
[24] Sections 159162 and 168 4
Omit the sections. 5
[25] Section 169 Eradication of pests 6
Insert at the end of section 169 (b): 7
, or 8
(c) the owner or occupier of the land consents to the measures 9
or work being taken or carried out. 10
[26] Section 187 Identification 11
Insert "or document" after "card" where secondly occurring in section 187 (3). 12
[27] Section 191 Notice of entry 13
Omit "board" from section 191 (3) (c). Insert instead "authorising authority". 14
[28] Section 191 (3) (c1) 15
Insert after section 191 (3) (c): 16
(c1) if the authorised officer concerned is a police officer and 17
the giving of notice would defeat the purpose for which it 18
is intended to exercise the power of entry, or 19
[29] Section 214A 20
Insert after section 214: 21
214A Proof of certain matters not required 22
In any proceedings under this Act, proof is not required (unless 23
evidence is given to the contrary) of any of the following: 24
(a) the constitution of a particular authority or district, 25
(b) the boundaries of a district or of a division of a district, 26
(c) the fact that specified land or a specified place is or is not 27
within a particular district or a particular division of a 28
district, 29
(d) the election or appointment of a board of an authority's 30
directors, chairperson or deputy chairperson, 31
Page 46
Rural Lands Protection Amendment Bill 2008
Miscellaneous amendments to Rural Lands Protection Act 1998 Schedule 5
(e) the appointment of any district veterinarian or any other 1
member of the Government Service employed to enable a 2
board to carry out its functions, 3
(f) the fact that the defendant is, or at any relevant time was, 4
the occupier, owner, manager or caretaker of a holding or 5
land to which the proceedings relate if the defendant is so 6
described in the process by which the proceedings were 7
initiated, 8
(g) the fact that a holding or land to which the proceedings 9
relate is within the jurisdiction of a particular court or local 10
land board, 11
(h) the notification, dedication, reservation or declaration of a 12
travelling stock reserve or stock watering place. 13
[30] Sections 218 (2) (b) and 219 (2) (a) 14
Omit "any request" wherever occurring. Insert instead "any order". 15
[31] Section 240 Service and giving of notices and other documents 16
Insert after section 240 (1) (a) (iii): 17
(iv) sending it by email to the email address of the person, or 18
[32] Section 240 (1), note 19
Insert after section 240 (1): 20
Note. As to service by post, see section 76 of the Interpretation Act 21
1987. 22
[33] Section 242 Local land board appeals procedure 23
Omit "in the approved form" from section 242 (1). 24
[34] Section 242 (2) 25
Omit the subsection. 26
[35] Section 243 Regulations 27
Insert at the end of section 243 (2): 28
(i) the selection on merit of members of the State Council and 29
of appointed directors of boards of authorities, 30
(j) the appointment of members of the State Council by the 31
Policy Council, 32
(k) the process of making, and the form and content of, the 33
strategic plan of the State Council, 34
Page 47
Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
(l) matters of a savings or transitional nature consequent on 1
any amalgamation of districts. 2
[36] Schedule 1 Constitution and procedure of State Council and boards of 3
authorities 4
Insert after clause 6 (5): 5
(6) A resignation of a member or director in accordance with 6
subclause (1) (c) takes effect on the date specified in the 7
instrument of resignation or on the date that the instrument is 8
received, in the case of a member, by the Minister or, in the case 9
of a director, by the authority (whichever is the later). 10
[37] Schedule 1, clause 9 11
Omit clause 9 (1) and (2). Insert instead: 12
(1) The board must elect one of its directors to be Chairperson, and 13
another to be Deputy Chairperson, of the board: 14
(a) at the first meeting of the board held after a general 15
election, and 16
(b) at the next meeting held after each anniversary of the 17
holding of that first meeting. 18
(2) A person ceases to hold office as Chairperson or Deputy 19
Chairperson: 20
(a) if he or she: 21
(i) resigns the office, or 22
(ii) is removed from that office by the board, or 23
(iii) ceases to hold office as a director, or 24
(b) at the conclusion of the meeting of the board at which a 25
successor in office is elected. 26
(2A) The Chairperson or Deputy Chairperson does not cease to be a 27
director merely because he or she ceases to be Chairperson or 28
Deputy Chairperson. 29
(2B) If a vacancy occurs in the office of Chairperson or Deputy 30
Chairperson, the board must, at the next meeting, elect one of its 31
directors to fill that vacancy. 32
Page 48
Rural Lands Protection Amendment Bill 2008
Miscellaneous amendments to Rural Lands Protection Act 1998 Schedule 5
[38] Schedule 1, clause 15 1
Insert after clause 15 (2): 2
(3) If the offices of Chairperson and Deputy Chairperson of a board 3
of an authority are vacant, the senior administrative member of 4
staff of the authority is to convene any meeting of the board 5
required by this clause. 6
[39] Schedule 5 Sale of land for unpaid money owing to board 7
Insert "and the expenses of the authority incurred in connection with the 8
proposed sale" after "charges)" in clause 5 (2) (a). 9
[40] Schedule 5, clause 5 (2) (b) 10
Omit "and charges". Insert instead ", charges and expenses". 11
[41] Schedule 7 Savings and transitional provisions 12
Insert at the end of clause 1 (1): 13
Rural Lands Protection Amendment Act 2008 14
[42] Schedule 7, Part 6 15
Insert at the end of the Schedule: 16
Part 6 Provisions consequent on enactment of 17
Rural Lands Protection Amendment Act 18
2008 19
38 Definition 20
In this Part, amending Act means the Rural Lands Protection 21
Amendment Act 2008. 22
39 Continuation of State Council 23
(1) The State Council is a continuation of, and the same legal entity 24
as, the State Council of Rural Lands Protection Boards. 25
(2) A reference to the State Council of Rural Lands Protection 26
Boards (however described) in any other Act or instrument is 27
taken to be a reference to the State Council. 28
40 Rural lands protection districts and boards 29
(1) A rural lands protection district existing immediately before the 30
commencement of the amending Act is taken to be a livestock 31
health and pest district constituted under section 5. 32
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Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
(2) A rural lands protection board existing immediately before the 1
commencement of the amending Act is taken to be a livestock 2
health and pest authority constituted under section 37. 3
(3) A reference to a rural lands protection district (however 4
described) in any other Act or instrument is taken to be a 5
reference to a livestock health and pest district constituted under 6
this Act. 7
(4) A reference to a rural lands protection board (however described) 8
in any other Act or instrument is taken to be a reference to a 9
livestock health and pest authority constituted under this Act. 10
41 First periodic elections for boards of authorities 11
(1) At the first meeting of each board after the general election held 12
in 2013, the directors so elected are to be divided, in accordance 13
with the method set out in the regulations, into: 14
(a) two year term directors, and 15
(b) four year term directors. 16
(2) The term of office of: 17
(a) a two year term director expires on the day immediately 18
before the periodic election to be held in 2015, and 19
(b) a four year term director expires on the day immediately 20
before the periodic election to be held in 2017. 21
(3) The following periods of time in relation to a person are to be 22
disregarded for the purposes of clause 9 (3) of Schedule 2: 23
(a) any term of office of a two year director between 2013 and 24
2015, 25
(b) any period of time served by a director on a board before 26
1 May 2009. 27
42 Authority contributions to State Council's fund in 2009 28
Despite section 31, the contribution to be made by each authority 29
to the State Council for the purpose of enabling the State Council 30
to carry out its functions in calendar year 2009 is to be determined 31
by the State Council. 32
43 Guidelines 33
A guideline issued by the State Council under section 25 before 34
its repeal by the amending Act is taken to have been made under 35
section 23. 36
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Rural Lands Protection Amendment Bill 2008
Miscellaneous amendments to Rural Lands Protection Act 1998 Schedule 5
44 Rating during calendar year 2009 1
(1) During calendar year 2009, a rate may consist of: 2
(a) a base amount, and 3
(b) an amount payable for each stock unit based on the total 4
notional carrying capacity of rateable land in the district. 5
(2) During calendar year 2009, an authority of a district that was 6
constituted by amalgamation on 1 January 2009 may make and 7
levy different rates for the different constituent parts of its 8
district. 9
(3) In this clause, constituent parts of an amalgamated district means 10
the divisions of districts and parts of divisions of districts that 11
have been amalgamated by a proclamation under section 5 to 12
constitute the amalgamated district. 13
45 Remuneration of members of State Council and directors 14
(1) A determination of remuneration for a member of the State 15
Council under clause 5 (1) of Schedule 1, as in force immediately 16
before its amendment by the amending Act, continues in force as 17
if it had been made by the Minister after that amendment. 18
(2) A determination of remuneration for a director of a board under 19
clause 5 (2) of Schedule 1, as in force immediately before its 20
amendment by the amending Act, continues in force as if it had 21
been made by the Minister after that amendment. 22
46 Interim State Council 23
(1) On the commencement of this clause, all members of the State 24
Council cease to hold office. 25
(2) The Minister may, by order published in the Gazette: 26
(a) appoint a person specified in the order as administrator of 27
all the functions of the State Council, or 28
(b) appoint up to 9 persons (being persons who have 29
previously served as members of the State Council) as 30
interim members of the State Council. 31
(3) The administrator or interim members hold office (subject to this 32
Act) until immediately before the first meeting of the State 33
Council (as constituted by members appointed in accordance 34
with section 20). 35
(4) An administrator appointed under this clause has and may 36
exercise, subject to any conditions specified in the order 37
appointing the administrator, the functions of the State Council 38
Page 51
Rural Lands Protection Amendment Bill 2008
Schedule 5 Miscellaneous amendments to Rural Lands Protection Act 1998
specified in the order. Any delegation or authority made or 1
conferred by the State Council in respect of any function of the 2
State Council that may be exercised by an administrator 3
appointed under this clause ceases to have effect on that 4
appointment. 5
(5) A person appointed as an interim member of the State Council by 6
an order under this clause has and may exercise, subject to any 7
conditions specified in the order, all the functions of a member of 8
the State Council. 9
(6) The Minister is to call the first meeting of the State Council (as 10
constituted by members appointed in accordance with section 20) 11
in such manner as the Minister thinks fit. 12
(7) Schedule 1 applies, with such modifications as are necessary, to 13
and in respect of any such interim State Council. 14
47 Changing of financial year 15
The financial year of the State Council and an authority that 16
commences on 1 January 2009 is taken to end on 30 June 2010. 17
[43] Dictionary 18
Omit the definition of district veterinarian. 19
[44] Dictionary 20
Insert in alphabetical order: 21
local land board means a local land board constituted under the 22
Crown Lands Act 1989 or under the Western Lands Act 1901. 23
[45] Dictionary, definition of "owner" 24
Omit paragraph (c) of the definition. Insert instead: 25
(c) the person entitled to an estate of freehold in possession: 26
(i) whether in fee simple or for life or otherwise, or 27
(ii) whether at law or in equity, or 28
(iii) whether absolutely or by way of mortgage, or 29
Page 52
Rural Lands Protection Amendment Bill 2008
Amendment of other Acts and instruments Schedule 6
Schedule 6 Amendment of other Acts and 1
instruments 2
(Section 4) 3
6.1 Agricultural Livestock (Disease Control Funding) Act 1998 4
No 139 5
[1] Section 3 Definitions 6
Omit the definition of carrying capacity. 7
[2] Sections 7 (2) (c) and 8 (3) (c) 8
Omit "State Council of Rural Lands Protection Boards" wherever occurring. 9
Insert instead "State Management Council of Livestock Health and Pest 10
Authorities". 11
[3] Section 12A Making of non-transaction based contributions 12
Omit "rural lands protection boards" from section 12A (2). 13
Insert instead "livestock health and pest authorities". 14
[4] Section 14 Liability to pay industry levy 15
Omit "levied according to the carrying capacity of the land" from section 16
14 (1). 17
Insert instead "made in accordance with the regulations". 18
[5] Section 16 Amount of industry levy 19
Omit "if the carrying capacity of the ratable land does not exceed a minimum 20
carrying capacity" from section 16 (2). 21
Insert instead "in the circumstances prescribed by the regulations". 22
[6] Sections 22, 23 and 24 23
Omit "rural lands protection board", "such board" and "the board" wherever 24
occurring. 25
Insert instead "livestock health and pest authority", "such authority" and "the 26
authority", respectively. 27
[7] Section 25 Review of industry levy based funding decisions 28
Omit section 25 (2). 29
Page 53
Rural Lands Protection Amendment Bill 2008
Schedule 6 Amendment of other Acts and instruments
6.2 Apiaries Act 1985 No 16 1
Section 15A Forfeiture of beehives in certain cases 2
Omit "responsible board" from paragraph (c) of the definition of controller in 3
section 15A (11). 4
Insert instead "responsible authority". 5
6.3 Criminal Procedure Act 1986 No 209 6
Section 3 Definitions 7
Omit "rural lands protection board" from the definition of public officer in 8
section 3 (1). 9
Insert instead "livestock health and pest authority". 10
6.4 Crown Lands Act 1989 No 6 11
[1] Sections 3 (1), definition of "government agency" and 138 (5), definition 12
of "public authority" 13
Omit "rural lands protection board" wherever occurring. 14
Insert instead "livestock health and pest authority". 15
[2] Sections 34A (5) (c) and 102A (1) 16
Omit "rural lands protection board" wherever occurring. 17
Insert instead "livestock health and pest authority". 18
6.5 Crown Lands Regulation 2006 19
[1] Clause 49A 20
Insert after clause 49: 21
49A Local land board hearings--rural lands protection appeals 22
An appeal made to a local land board under section 242 of the 23
Rural Lands Protection Act 1998 is to be in an approved form and 24
is to be accompanied by the fee specified in Schedule 1. 25
[2] Schedule 1 Fees and deposits 26
Insert at the end of the Schedule: 27
16 Appeal to local land board under section 242 of the Rural 63
Lands Protection Act 1998 (clause 49A)
Page 54
Rural Lands Protection Amendment Bill 2008
Amendment of other Acts and instruments Schedule 6
6.6 Deer Act 2006 No 113 1
[1] Section 9 Consultation and approval before making deer control order 2
Omit "State Council of Rural Lands Protection Boards" from section 9 (1) (b). 3
Insert instead "State Management Council of Livestock Health and Pest 4
Authorities". 5
[2] Section 9 (1) (c) 6
Omit "rural lands protection board". 7
Insert instead "livestock health and pest authority". 8
6.7 Duties Act 1997 No 123 9
Section 267 Exemptions 10
Omit "Rural lands protection board" and "rural lands protection board". 11
Insert instead "Livestock health and pest authority" and "livestock health 12
and pest authority", respectively. 13
6.8 Fines Act 1996 No 99 14
Section 3 Definitions 15
Omit "rural lands protection board" from the definition of law enforcement 16
officer in section 3 (1). 17
Insert instead "livestock health and pest authority". 18
6.9 Firearms Act 1996 No 46 19
Section 12 Genuine reasons for having a licence 20
Omit "Rural Lands Protection Boards" from the Table to the section. 21
Insert instead "Livestock Health and Pest Authorities". 22
6.10 First State Superannuation Act 1992 No 100 23
Schedule 1 Employers 24
Omit "rural lands protection board". 25
Insert instead "livestock health and pest authority". 26
Page 55
Rural Lands Protection Amendment Bill 2008
Schedule 6 Amendment of other Acts and instruments
6.11 Forestry Act 1916 No 55 1
[1] Section 30 Definitions 2
Omit "rural lands protection board" and "the board" from paragraph (c) of the 3
definition of landholder. 4
Insert instead "livestock health and pest authority" and "the authority", 5
respectively. 6
[2] Section 30 7
Omit the definition of responsible board. 8
Insert instead: 9
responsible authority has the same meaning as it has in Part 8 of 10
the Rural Lands Protection Act 1998. 11
[3] Sections 30E and 30F 12
Omit "responsible board" wherever occurring. 13
Insert instead "responsible authority". 14
6.12 Game and Feral Animal Control Act 2002 No 64 15
[1] Sections 8 (2) (b) and 10 (3) (c) 16
Omit "State Council of Rural Lands Protection Boards" wherever occurring. 17
Insert instead "State Management Council of Livestock Health and Pest 18
Authorities". 19
[2] Section 9 Functions of Game Council 20
Omit "rural lands protection boards" from section 9 (1) (e). 21
Insert instead "livestock health and pest authorities". 22
[3] Section 17 Exemptions from licensing 23
Omit "rural lands protection board" from section 17 (1) (f). 24
Insert instead "livestock health and pest authority". 25
6.13 Gene Technology (GM Crop Moratorium) Act 2003 No 12 26
Section 9 Notification of making an order 27
Omit "rural lands protection board" from section 9 (1A) (b) (ii). 28
Insert instead "livestock health and pest authority". 29
Page 56
Rural Lands Protection Amendment Bill 2008
Amendment of other Acts and instruments Schedule 6
6.14 Impounding Act 1993 No 31 1
[1] Section 11 Impounded animals to be delivered to pound 2
Omit "rural lands protection board" and "the board" wherever occurring. 3
Insert instead "livestock health and pest authority" and "the authority", 4
respectively. 5
[2] Section 11 (4A) (a) 6
Omit "the district veterinarian". 7
Insert instead "a veterinarian employed under Chapter 1A of the Public Sector 8
Employment and Management Act 2002 in the Government Service (for 9
example a veterinarian who is a member of staff of a livestock health and pest 10
authority)". 11
[3] Dictionary 12
Omit "rural lands protection board" and "the board" wherever occurring from 13
the definitions of area of operations and impounding authority. 14
Insert instead "livestock health and pest authority" and "the authority", 15
respectively. 16
6.15 Land and Environment Court Act 1979 No 204 17
Section 20 Class 4--environmental planning and protection and 18
development contract civil enforcement 19
Omit "clauses 1417" from section 20 (1) (cn). Insert instead "clauses 1518". 20
6.16 Land Tax Management Act 1956 No 26 21
Section 10 Land exempted from tax 22
Omit "rural lands protection board" from section 10 (1) (b). 23
Insert instead "livestock health and pest authority". 24
6.17 Local Court Act 2007 No 93 25
Section 43 Definitions 26
Omit "rural lands protection board" from the definition of public officer. 27
Insert instead "livestock health and pest authority". 28
Page 57
Rural Lands Protection Amendment Bill 2008
Schedule 6 Amendment of other Acts and instruments
6.18 Local Courts Act 1982 No 164 1
Section 4 Definitions 2
Omit "rural lands protection board" from the definition of public officer in 3
section 4 (1). 4
Insert instead "livestock health and pest authority". 5
6.19 Meat Industry Act 1978 No 54 6
[1] Section 59A Meat industry levy 7
Omit section 59A (2). Insert instead: 8
(2) The amount of the levy payable by an occupier under subsection 9
(1) is the lesser of the following: 10
(a) the sum calculated in the manner prescribed by the 11
regulations, 12
(b) $130 (or such other amount as may be prescribed). 13
[2] Section 59A (4) and (5) 14
Omit the subsections. Insert instead: 15
(4) If an occupier of land within the same or different districts within 16
the meaning of the Rural Lands Protection Act 1998 pays to the 17
Food Authority or its agents meat industry levies in respect of 18
different parcels of land the total of which exceed $130 (or, if an 19
amount is prescribed for the purposes of subsection (2) (b), that 20
amount), the Food Authority or its agent must, on the application 21
of the occupier, refund to the occupier the amount of the excess. 22
[3] Section 59J Collection of meat industry levies 23
Omit "a board" and "boards" wherever occurring. 24
Insert instead "an authority" and "authorities", respectively. 25
6.20 National Parks and Wildlife Act 1974 No 80 26
[1] Section 5 Definitions 27
Omit the definition of rural lands protection board from section 5 (1). 28
Insert instead in alphabetical order: 29
livestock health and pest authority means a livestock health and 30
pest authority constituted under the Rural Lands Protection Act 31
1998. 32
Page 58
Rural Lands Protection Amendment Bill 2008
Amendment of other Acts and instruments Schedule 6
[2] Sections 40 (2), 53 (2) and 139 (2) (n) 1
Omit "rural lands protection board" wherever occurring. 2
Insert instead "livestock health and pest authority". 3
[3] Section 141 Payment of rates to livestock health and pest authorities in 4
Western Division 5
Omit section 141 (1). Insert instead: 6
(1) In this section, authority means a livestock health and pest 7
authority for a livestock health and pest district within the 8
meaning of the Rural Lands Protection Act 1998. 9
[4] Section 141 (2) and (4) 10
Omit "a board" and "the board" wherever occurring. 11
Insert instead "an authority" and "the authority", respectively. 12
6.21 Non-Indigenous Animals Act 1987 No 166 13
Section 7 The advisory committee 14
Omit "State Council of Rural Lands Protection Boards" from section 7 (4) (e). 15
Insert instead "State Management Council of Livestock Health and Pest 16
Authorities". 17
6.22 Noxious Weeds Act 1993 No 11 18
[1] Dictionary 19
Omit "rural lands protection board, the board" from paragraph (d) of the 20
definition of occupier of land. 21
Insert instead "livestock health and pest authority constituted under the Rural 22
Lands Protection Act 1998, the authority". 23
[2] Dictionary 24
Omit the definition of rural lands protection board. 25
6.23 Poisons and Therapeutic Goods Act 1966 No 31 26
Section 5 Exemption from operation of Act 27
Omit "rural lands protection board" wherever occurring in section 5 (1). 28
Insert instead "livestock health and pest authority". 29
Page 59
Rural Lands Protection Amendment Bill 2008
Schedule 6 Amendment of other Acts and instruments
6.24 Prevention of Cruelty to Animals Act 1979 No 200 1
Sections 8 (4) and 29C (3) (a) 2
Omit "rural lands protection board" wherever occurring. 3
Insert instead "livestock health and pest authority". 4
6.25 Public Finance and Audit Act 1983 No 152 5
Schedule 2 Statutory bodies 6
Omit "State Council of Rural Lands Protection Boards". 7
Insert instead "State Management Council of Livestock Health and Pest 8
Authorities". 9
6.26 Public Sector Employment and Management Act 2002 No 43 10
[1] Schedule 1 Divisions of the Government Service 11
Omit the matter relating to the Rural Lands Protection Boards Division from 12
Part 2 of the Schedule. Insert instead in alphabetical order: 13
Livestock Health and Pest Authorities Chief Executive Officer of the State
Division Management Council of Livestock
Health and Pest Authorities (and the
Chairperson of the State Management
Council in relation to the Chief
Executive Officer)
[2] Schedule 1, Part 2 14
Omit the matter relating to the State Council of Rural Lands Protection Boards 15
Division from Columns 1 and 2. Insert instead in alphabetical order: 16
State Management Council of Livestock Chairperson of the State Management
Health and Pest Authorities Division Council
6.27 Roads Act 1993 No 33 17
Section 133 (2) (b) and paragraph (c) of the definition of "unoccupied 18
Crown land" in the Dictionary 19
Omit "rural lands protection board" wherever occurring. 20
Insert instead "livestock health and pest authority". 21
Page 60
Rural Lands Protection Amendment Bill 2008
Amendment of other Acts and instruments Schedule 6
6.28 Rural Lands Protection (General) Regulation 2001 1
[1] Clause 44 Applications for permits 2
Omit clause 44 (4). Insert instead: 3
(4) Fee for issue of permit 4
For the purposes of section 102 (2) (c) and (d) (ii) of the Act, the 5
following fee (being a fee in respect of a stock permit that solely 6
authorises a person to graze stock on a public road or a stock 7
permit that solely authorises a person to graze stock on a 8
controlled travelling stock reserve) is prescribed: 9
(a) for small stock--$1 per day for each 10 or less small stock, 10
(b) for large stock--$1 per day for each large stock. 11
(5) For the purposes of section 102 (2) (e) of the Act, the fee of $10 12
per annum is prescribed. 13
[2] Part 6B 14
Insert after Part 6A: 15
Part 6B Pests 16
54D Minister to consult with NSW Pest Animal Council before making 17
certain pest control orders 18
The NSW Pest Animal Council is prescribed for the purposes of 19
section 144 (2) of the Act. 20
[3] Clause 61 Animal health functions of board 21
Omit the clause. 22
[4] Schedule 2 Elections 23
Insert in alphabetical order in clause 1: 24
enrolment officer means the enrolment officer authorised by the 25
State Council to act as the enrolment officer for an authority 26
under Schedule 2 to the Act. 27
[5] Schedule 2, clause 29 (3) and (4) 28
Omit "authorised officer" wherever occurring. 29
Insert instead "enrolment officer". 30
Page 61
Rural Lands Protection Amendment Bill 2008
Schedule 6 Amendment of other Acts and instruments
6.29 State Authorities Non-contributory Superannuation Act 1
1987 No 212 2
Schedule 1 Employers 3
Omit "rural lands protection board". 4
Insert instead "livestock health and pest authority". 5
6.30 State Authorities Superannuation Act 1987 No 211 6
Schedule 1 Employers 7
Omit "rural lands protection board". 8
Insert instead "livestock health and pest authority". 9
6.31 Stock Diseases Act 1923 No 34 10
[1] Section 9 Occupier etc to give notice 11
Omit section 9 (3) (a) and (b). Insert instead: 12
(a) the livestock health and pest authority for the livestock 13
health and pest district in which the stock are then located, 14
or 15
[2] Section 9 (4) 16
Omit "ranger, district veterinarian". Insert instead "authority". 17
[3] Section 23 Regulations 18
Omit "rural lands protection board established under the Rural Lands 19
Protection Act 1989 (or any Act amending or replacing that Act)" from section 20
23 (4). 21
Insert instead "livestock health and pest authority constituted under the Rural 22
Lands Protection Act 1998". 23
6.32 Superannuation Act 1916 No 28 24
Schedule 3 List of employers 25
Omit "rural lands protection board". 26
Insert instead "livestock health and pest authority". 27
Page 62
Rural Lands Protection Amendment Bill 2008
Amendment of other Acts and instruments Schedule 6
6.33 Western Lands Regulation 2004 1
Clause 29A 2
Insert after clause 29: 3
29A Local land board hearings--rural lands protection appeals 4
An appeal made to a local land board under section 242 of the 5
Rural Lands Protection Act 1998 is to be in an approved form and 6
is to be accompanied by the approved fee. 7
6.34 Wild Dog Destruction Act 1921 No 17 8
[1] Section 3A The Wild Dog Destruction Board 9
Omit section 3A (5) (a)(c). Insert instead: 10
(a) two are to be appointed on the nomination of the livestock 11
health and pest authority for the Western Livestock Health 12
and Pest District, 13
(b) one is to be appointed on the nomination of the livestock 14
health and pest authority for the Darling Livestock Health 15
and Pest District, 16
[2] Sections 3A (8) and 3B 17
Omit "rural lands protection boards", "such board", "the board" and "rural 18
lands protection board" wherever occurring. 19
Insert instead "livestock health and pest authorities", "such authority", "the 20
authority" and "livestock health and pest authority", respectively. 21
Page 63
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