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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

PART 2 - LOCAL LAND SERVICES

Division 1 - Constitution and management of Local Land Services

Division 2 - Functions of Local Land Services

  • 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

PART 3 - THE LOCAL LAND SERVICES BOARD AND LOCAL BOARDS

Division 1 - The Local Land Services Board

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

PART 4 - PLANNING THE DELIVERY OF LOCAL LAND SERVICES

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

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