LOCAL LAND SERVICES ACT 2013 - As at 1 July 2023 - Act 51 of 2013
- As at 1 July 2023
- Act 51 of 2013
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects of Act
- 4 Meaning of "local land services" and "State priorities for local land services"
- 5 Interpretation
- 6 Regions
- 7 Abolition, establishment, amalgamation or change of name or boundaries of regions
- 14 Functions generally
- 15 Memorandum of understanding
- 16 Delegation of Local Land Services functions
- 17 Delegation of Ministerial functions
- 18 Delegation of Secretary's functions
Division 3 - Finance and audit
Division 2 - Local boards
- 27 Local boards
- 28 Status of local boards
- 29 Functions of local boards
- 30 Local annual reports
- 31 Delegation of local board's functions
- 32 Keeping Board informed
- 33 Local community advisory groups
Division 3 - Honesty and conduct
- 34 Conduct of Board and local board members
- 35 Codes of conduct
Division 1 - State strategic plan
- 36 Purpose and term of State strategic plan
- 37 Preparation of draft State strategic plan
- 38 Contents of draft State strategic plan
- 39 Consultation on draft State strategic plan
- 40 Submission of draft State strategic plan for approval
- 41 Approval of draft State strategic plan
- 42 Publication of State strategic plan
- 43 Amendment, replacement or revocation of plans
- 44 Periodic review and auditing of plans
Division 2 - Local strategic plans
- 45 Purpose and term of local strategic plans
- 46 Preparation of draft local strategic plans
- 47 Contents of draft local strategic plans
- 48 Consultation on draft local strategic plan
- 49 Review of draft local strategic plan by Local Land Services
- 50 Submission of draft local strategic plans for approval
- 51 Approval of draft local strategic plans
- 52 Publication of local strategic plans
- 53 Amendment, replacement or revocation of plans
- 54 Periodic review and auditing of local strategic plans
PART 5 - RATES, LEVIES AND CONTRIBUTIONS
Division 1 - Preliminary
- 55 When is a holding within a region?
Division 2 - Rates, levies and contributions
- 56 What is rateable land?
- 57 Imposition of rates, levies and contributions
Division 3 - Annual returns
- 58 Annual returns of land and stock
- 59 Change of occupier after lodgment of return
- 60 Duty to supply information in respect of land or stock
PART 5A - LAND MANAGEMENT (NATIVE VEGETATION)
Division 1 - Preliminary
- 60A Rural areas of State to which Part applies
- 60B Meaning of "native vegetation"
- 60C Meaning of "clearing" native vegetation
- 60D Other definitions
Division 2 - Native vegetation regulatory map
- 60E Purpose of native vegetation regulatory map
- 60F Transitional arrangement until preparation of maps
- 60G Responsibility for preparation and publication of maps
- 60H Category 1-exempt land mapping
- 60I Category 2-regulated land mapping
- 60J Matters relating to determination of mapped category of land
- 60K Re-categorisation of mapped land
- 60L Review of categorisation decisions
- 60M Appeal against categorisation or re-categorisation decisions
Division 3 - Regulation of clearing of native vegetation in regulated rural areas
- 60N Unauthorised clearing of native vegetation in regulated rural areas--offence
- 60O Clearing authorised under other legislation
- 60P Limitation on planning instruments requiring consent for clearing only
Division 4 - Allowable activities clearing of native vegetation
- 60Q Allowable activities clearing--Schedule 5A
- 60R Amendment of Schedule 5A
Division 5 - Clearing native vegetation under land management (native vegetation) code
- 60S Authorised clearing by landholders under codes
- 60T Responsibility for preparation and making of codes
- 60U Public consultation on proposed codes
- 60V Amendment or repeal of codes
- 60W Content of codes
- 60X Notice to Local Land Services of clearing
- 60Y Certification by Local Land Services prior to clearing--general
- 60Z Voluntary and mandatory code compliant certificates
- 60ZA Limitation on issue of mandatory code compliant certificates
- 60ZB Authorised code variation certificates
- 60ZC Provisions relating to set aside areas
Division 6 - Approval for clearing native vegetation not otherwise authorised
- 60ZD Definitions: Division 6
- 60ZE The Panel
- 60ZF Obtaining approval for clearing of native vegetation
- 60ZG Biodiversity development assessment report and retirement of biodiversity credits
- 60ZH Regulations and application of planning approval provisions to approvals under this Division
- 60ZI Modification of approvals under this Division
- 60ZJ Appeal against approval decisions
- 60ZK Miscellaneous provisions relating to approvals
- 60ZL SEPP may apply approvals under this Division to the clearing of native vegetation on urban land
Division 7 - Miscellaneous
PART 5B - PRIVATE NATIVE FORESTRY
Division 1 - Preliminary
Division 2 - Private native forestry codes of practice
- 60ZT Responsibility for preparation and making of codes
- 60ZU Public consultation on proposed codes
- 60ZV Amendment or repeal of codes
Division 3 - Private native forestry plans
- 60ZW Authorised private native forestry operations
- 60ZX Landholders may submit draft private native forestry plans
- 60ZY Approval of private native forestry plans by Local Land Services
- 60ZZ Duration, variation and termination of private native forestry plans
Division 4 - Enforcement and other provisions
- 60ZZA Offence of contravening requirements of plan or code of practice
- 60ZZB Enforcement functions of EPA
- 60ZZC Regulations: Part 5B
PART 6 - TRAVELLING STOCK RESERVES AND PUBLIC ROADS
Note
Division 1 - Preliminary
Division 2 - Controlled travelling stock reserves
- 62 Vesting care, control and management of certain travelling stock reserves in Local Land Services
- 63 Withdrawal of care, control and management from authority
- 64 Withdrawal of land required for public purpose from travelling stock reserve
- 65 Compensation for improvements made before withdrawal
Division 3 - Timber on controlled travelling stock reserves
- 66 Removal or destruction of timber
- 67 Use of felled timber
- 68 Licences to remove timber
- 69 Relationship to other Acts
Division 4 - Closure of controlled travelling stock reserves
- 70 Closure orders
- 71 Notice of closure
Division 5 - Use of travelling stock reserves and public roads
- 72 Unauthorised uses of travelling stock reserves
- 73 Unauthorised use of public roads
- 74 Authorised use of travelling stock reserves for recreational activities
- 75 Certain occupiers of land to have a right of access over travelling stock reserves
- 76 Appeal about right of way conditions
- 77 Reserve use permit
- 78 Stock permits authorising certain uses of travelling stock reserves and public roads
- 79 Applications for stock permits and reserve use permits
- 80 Duration of stock permits and reserve use permits
- 81 Cancellation or suspension of stock permits and reserve use permits
- 82 Classes of stock permits and reserve use permits
- 83 Conditions of stock permits and reserve use permits
- 84 Movement and grazing of stock authorised by stock permits must comply with Act and regulations
- 85 Stock permits controlled for adjoining regions
- 86 Appeals concerning the issue, cancellation or suspension of permits
- 87 Compensation
Division 6 - Fencing of boundaries of controlled travelling stock reserves
- 88 Definitions
- 89 Application of Division
- 90 Exclusion of Dividing Fences Act 1991
- 91 Owner of land adjoining travelling stock reserve may be required to carry out fencing work
- 92 Fencing notice to specify contributions payable
- 93 Costs of fencing work
- 94 Compliance notice--fencing
- 95 Application to Civil and Administrative Tribunal
96. (Repealed)
- 97 Civil and Administrative Tribunal may allow time for payment
98. (Repealed)
- 99 Powers of Local Land Services with respect to fences
Division 7 - Miscellaneous
- 100 Local Land Services not liable for use of pesticides or chemicals on reserves
- 101 Local Land Services not liable for injury attributable to diseased travelling stock
- 102 When may Local Land Services impound bees or beehives placed or kept on a controlled travelling stock reserve?
- 103 Orders for mustering of stock
- 104 Power of Local Land Services to recover compensation in respect of damage caused to or on controlled travelling stock reserve
- 105 Exemption power--Local Land Services
PART 7 - STOCK WATERING PLACES
- 106 Declaration of stock watering places
- 107 Declaration of stock watering place as town water supply
- 108 Which bodies are to be controlling authorities of stock watering places?
- 109 Controlling authority may construct water storage works
- 110 Compensation for improvements on former stock watering place
- 111 Leases of stock watering places
- 112 Controlling authority and lessee to supply water to certain persons and stock
- 113 Offence to damage stock watering place
PART 8 - IMPOUNDING OF UNATTENDED AND TRESPASSING STOCK AND ABANDONED ARTICLES
Note
- 114 Definitions
- 115 Unattended stock
- 116 Offence of causing or permitting stock to be on a public road, travelling stock reserve or public land without authority
- 117 Release of impounded stock
PART 9 - TRANSPORTATION OF STOCK BY VEHICLE
- 118 Definitions
- 119 Stock transportation particulars
- 120 Restrictions on the transport of stock by vehicle on road
- 121 Restriction on the consignment of stock by rail, water or air transport
- 122 Records of transported stock statements to be retained
- 123 Powers to stop and search vehicles transporting stock
- 124 Person in charge of vehicle transporting stock to give name and other particulars
- 125 Stock Transportation Accreditation Committee
- 126 Application for accreditation
- 127 Approval of form of transported stock statement
PART 10 - (Repealed)
None
PART 11 - POWERS OF AUTHORISED OFFICERS
Division 1 - Preliminary
- 164 Power of entry
- 165 Purposes for which powers under Part may be exercised
- 166 Effect on other functions
Division 2 - Authorised officers
- 167 Authorised officers
- 168 Scope of authority
- 169 Identification
- 170 Time of entry
- 171 Entry into residential premises only with permission or warrant
- 172 Powers of authorised officers to do things on premises
- 173 Notice of entry
- 174 Use of force
- 175 Notification of use of force or urgent entry
- 176 Care to be taken
- 177 Compensation
- 178 Search warrant
- 179 Authorised officer may request assistance
Division 3 - Offences in relation to authorised officers
- 180 Offence: obstructing authorised officer
- 181 Offence: impersonating authorised officer or other authorised person
PART 12 - ENFORCEMENT PROVISIONS
Division 1 - Recovery of outstanding rates, charges and other amounts
- 182 Sale of land for unpaid amounts owing to Local Land Services
- 183 Recovery of rates, charges, fees and other unpaid amounts
- 184 Accrual of interest on overdue rates, charges and other amounts
- 185 Special provision with respect to recovery of unpaid rates and charges
- 186 Rebates, waiver, refund or writing off of rates, charges and other amounts
Division 2 - Proceedings for offences
- 187 Proceedings for offences
- 188 Time within which summary proceedings may be commenced
- 189 Penalty notices
- 190 Penalties belong to Local Land Services
- 191 Court may order payment of additional penalty in certain cases
- 192 Offences relating to provision of information in relation to certain matters
- 193 Onus of proof concerning reasonable or lawful excuse
Division 3 - Miscellaneous
- 194 General description of land sufficient for purposes of legal proceedings
- 195 Legal proceedings against an occupier or owner whose name is unknown
- 196 Jurisdiction of court or NCAT not to be ousted in certain proceedings
- 197 Proof of certain matters not required
PART 13 - ADMINISTRATION OF FUNCTIONS OF LOCAL LAND SERVICES OR LOCAL BOARD
- 198 Appointment of administrator of all or some functions of Local Land Services
- 199 Appointment of administrator of all or some functions of local boards
- 200 Provisions applicable to administrators
PART 14 - MISCELLANEOUS
- 200A Contributions towards management of pests under Biosecurity Act 2015
- 201 Acquisition of land
- 202 Entry on land for construction of works and other purposes
- 203 Certificate as to rates, charges and other matters
- 204 Owner of stock may be ordered to muster stock
- 205 Personal liability
- 206 Regulations
207. (Repealed)
- 208 Exemptions
- 209 Service of documents
210. (Repealed)
- 211 Review of Act (other than native vegetation provisions)
- 212 Review of native vegetation provisions of this Act