New South Wales Consolidated Acts

RURAL LANDS PROTECTION ACT 1998

- As at 3 June 2009
- Act 143 of 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   3.      Definitions
   4.      Notes

   PART 2 - LIVESTOCK HEALTH AND PEST DISTRICTS

   5.      Livestock health and pest districts
   6.      Division of districts
   7.      (Repealed)
   8.      When is a holding within a district?
   9.      (Repealed)

   PART 3 - FUNCTIONAL RESPONSIBILITIES

   10.     State Council accountable to Minister
   11.     State Council accountable to Policy Council for implementation of general policies
   12.     Authorities accountable to State Council
   13.     Memorandum of understanding

   PART 4 - POLICY COUNCIL

   14.     State Policy Council of Livestock Health and Pest Authorities
   15.     Members of Policy Council
   16.     Functions of Policy Council
   17.     Provisions relating to constitution and procedure of Policy Council
   18.     Report to Minister and authorities

   PART 5 - STATE COUNCIL

           Division 1 - Constitution of State Council

   19.     Constitution of State Council
   20.     Members of State Council
   21.     Provisions relating to constitution and procedure of State Council

           Division 2 - Functions of State Council

   22.     Functions of State Council
   23.     Guidelines
   24.     Delegation
   25.     Operating plans, budgets and reports
           26-26B. (Repealed)

           Division 3 - Authorities to comply with State Council’s orders

   27.     State Council may order an authority to take specified action
   28.     Notice to warn authority of consequence of failure to comply with order
   29.     Action that may be taken for failure to comply with order

           Division 4 - Finance

   30.     State Council’s fund
   31.     Authorities to contribute to State Council’s fund
   32.     Investment
   33.     Financial year of State Council
   34.     Audit of financial statements
   35.     Performance audit of State Council’s activities

           Division 5 - Miscellaneous

   36.     Annual reports
   36A.    State Council report relating to auditing of authorities

   PART 6 - LIVESTOCK HEALTH AND PEST AUTHORITIES

           Division 1 - Constitution of livestock health and pest authorities

   37.     Authority to be constituted for each district
   38.     Corporate name of authority
   39.     Boards of authorities
   40.     Dissolution of authorities
   41.     (Repealed)

           Division 2 - Functions of authorities

   42.     Functions generally
   43.     Animal health functions
   43A.    (Repealed)

           Division 3 - Function management plans

   44.     Authorities to prepare draft function management plans
   45.     Contents of draft plans in respect of travelling stock reserves
   46.     Public exhibition and consultation requirements for draft plans in respect of travelling stock reserves
   47.     Submission and adoption of draft plans
   48.     Alteration or revocation of function management plans
   49.     Function to be exercised in accordance with relevant function management plan

           Division 4 - Financial provisions

   50.     Authority’s fund
   51.     Alternative use of money raised by special purpose rates
   52.     Investment
   53.     Financial year of authority
   54.     (Repealed)
   55.     Performance audit of authority’s activities

           Division 4A - Accounting records, financial reports and auditing

   55A.    Accounting records
   55B.    Preparation of financial reports
   55C.    Auditing of financial reports
   55D.    Time for preparation and auditing of financial reports
   55E.    Auditor’s reports
   55F.    Interim reports

           Division 4B - Auditors

   55G.    Appointment of auditors
   55H.    Disqualified persons
   55I.    Auditor’s term of office
   55J.    Auditor may exercise general power of inspecting accounting records
   55K.    Powers of auditor
   55L.    Role of Auditor-General

           Division 5 - Miscellaneous

   56.     What information is publicly available?
   56A.    Director-General may direct authority staff during emergency disease outbreaks
   57.     Fees for services
   57A.    Annual reports

   PART 6A - HONESTY AND CONDUCT

           Division 1 - Honesty, care and diligence

   57B.    Conduct of Policy Council and State Council members and directors of boards of authorities

           Division 2 - Codes of conduct

   57C.    Codes of conduct

           Division 3 - Contravention of code of conduct

   57D.    Formal censure for contravention of code of conduct
   57E.    Process for initiating suspension or other action
   57F.    Other proceedings or actions not affected

   PART 7 - RATES

           Division 1 - Preliminary

   58.     Definitions
   59.     Treatment of certain holdings as single holdings

           Division 2 - Rates

   60.     What is rateable land?
   61.     What are the types of rate?
   62.     When are rates to be made and levied?
   63.     How is a rate levied?

           Division 3 - Liability for rates

   64.     Occupiers are liable to pay rates
   65.     Liability of owner (other than Crown) to pay rates not paid by occupier
   66.     Liability when occupier or owner of land changes
   67.     Apportionment of rates
   68.     Recovery of rates paid when not occupier or owner

           Division 4 - Assessment of notional carrying capacity of land

   69.     Assessment of notional carrying capacity
   70.     Application for review of assessment
   71.     Review of assessment

           Division 5 - Appeals against assessment of notional carrying capacity and rates

   72.     Appeals against assessment
   73.     Appeals against rates
   74.     Hearing of appeals

           Division 6 - Recovery of rates

   75.     Measures to facilitate the recovery of rates

           Division 7 - Annual returns

   76.     Annual returns of land and stock
   77.     Change of occupier after lodgment of return
   78.     Duty to supply information in respect of land or stock

           Division 8 - Miscellaneous

   79.     Irregularities concerning rates
   80.     Rebates, waiver, refund or writing off of rates
   81.     Notice to be given of changes in occupancy or ownership of rateable land
   82.     Notification of change of address
   83.     Tenure bond to be paid by certain holders of Crown land

   PART 8 - TRAVELLING STOCK RESERVES AND PUBLIC ROADS
   Note

           Division 1 - Preliminary

   84.     Definitions

           Division 2 - Controlled travelling stock reserves

   85.     Vesting care, control and management of certain travelling stock reserves in authorities
   86.     Withdrawal of care, control and management from authority
   87.     Withdrawal of land required for public purpose from travelling stock reserve
   88.     Compensation for improvements made before withdrawal

           Division 3 - Timber on controlled travelling stock reserves

   89.     Removal or destruction of timber
   90.     Use of felled timber
   91.     Licences to remove timber
   92.     Relationship to other Acts

           Division 4 - Closure of controlled travelling stock reserves

   93.     Closure orders
   94.     Notice of closure

           Division 5 - Use of travelling stock reserves and public roads

   95.     Unauthorised uses of travelling stock reserves
   96.     Unauthorised use of public roads
   97.     Authorised use of travelling stock reserves for recreational activities
   98.     Certain occupiers of land to have a right of access over travelling stock reserves
   99.     Appeal about right of way conditions
   100.    Reserve use permit
   101.    Stock permits authorising certain uses of travelling stock reserves and public roads
   102.    Applications for stock permits and reserve use permits
   103.    Duration of stock permits and reserve use permits
   104.    Cancellation or suspension of stock permits and reserve use permits
   105.    Classes of stock permits and reserve use permits
   106.    Conditions of stock permits and reserve use permits
   107.    Movement and grazing of stock authorised by stock permits must comply with Act and regulations
   108.    Stock permits controlled for adjoining districts
   109.    Appeals concerning the issue, cancellation or suspension of permits
   110.    Compensation

           Division 6 - Fencing of boundaries of controlled travelling stock reserves

   111.    Definitions
   112.    Application of Division
   113.    Exclusion of Dividing Fences Act 1991
   114.    Owner of land adjoining travelling stock reserve may be required to carry out fencing work
   115.    Fencing notice to specify contributions payable
   116.    Costs of fencing work
   117.    Compliance notice-fencing
   118.    Application to local land board
   119.    Jurisdiction of land board not to be ousted in certain cases
   120.    Local land board may allow time for payment
   121.    Right to refer matters to Land and Environment Court
   122.    Powers of State Council with respect to fences

           Division 7 - Miscellaneous

   123.    Responsible authority not liable for use of pesticides or chemicals on reserves
   124.    Responsible authority not liable for injury attributable to diseased travelling stock
   125.    When may a responsible authority impound bees or beehives placed or kept on a controlled travelling stock reserve?
   126.    Orders for mustering of stock
   127.    Power of responsible authority to recover compensation in respect of damage caused to or on controlled travelling stock reserve
   128.    Exemption power-authorities

   PART 9 - STOCK WATERING PLACES

   129.    Declaration of stock watering places
   130.    Declaration of stock watering place as town water supply
   131.    Which bodies are to be controlling authorities of stock watering places?
   132.    Controlling authority may construct water storage works
   133.    Compensation for improvements on former stock watering place
   134.    Leases of stock watering places
   135.    Controlling authority and lessee to supply water to certain persons and stock
   136.    Offence to damage stock watering place

   PART 10 - IMPOUNDING OF UNATTENDED AND TRESPASSING STOCK AND ABANDONED ARTICLES
   Note

   137.    Definitions
   138.    Unattended stock
   139.    Offence of causing or permitting stock to be on a public road, travelling stock reserve or public land without authority
   140.    Release of impounded stock

   PART 10A - TRANSPORTATION OF STOCK BY VEHICLE

   140A.   Definitions
   140B.   Stock transportation particulars
   140C.   Restrictions on the transport of stock by vehicle on a road
   140D.   Restriction on the consignment of stock by rail, water or air transport
   140E.   Records of transported stock statements to be retained
   140F.   Powers to stop and search vehicles transporting stock
   140G.   Person in charge of vehicle transporting stock to give name and other particulars
   140H.   Stock Transportation Accreditation Committee
   140I.   Application for accreditation
   140J.   Approval of form of transported stock statement

   PART 11 - PESTS
   Note

           Division 1 - Preliminary

   141.    Definitions
   142.    Part binds Crown

           Division 2 - Pest control orders

   143.    Minister may make pest control orders
   144.    When can a pest control order be made?
   145.    Requests by authorities for making of pest control orders
   146.    Public notice of proposal to make order
   147.    Consultation
   148.    Minister may waive notice and consultation requirements
   149.    Making of order
   150.    Notice of making of order
   151.    When does a pest control order take effect?
   152.    Duration of pest control order
   153.    Amendment and revocation of pest control orders
   154.    Compliance with Division
   155.    Obligations of owners and occupiers of private land
   156.    Obligations of occupiers of public land

           Division 3 - Eradication orders

   157.    When may eradication orders be given?
   158.    Period for compliance with eradication order
           159-162. (Repealed)
   163.    Reasons for order to be given
   164.    Notice of right to appeal against order
   165.    Appeal against individual eradication order of authority
   166.    Individual eradication order of Minister
   167.    Obligations to comply with eradication orders
   168.    (Repealed)

           Division 4 - Powers of authorised officers and others concerning eradication of pests

   169.    Eradication of pests
   170.    Destruction of pests may be required
   171.    Compliance notice-pests
   172.    Contributions towards eradication of pests that are insects
   173.    Money advanced or paid to Minister for eradication of pests that are insects

           Division 5 - Miscellaneous

   174.    Approval to keep pest in captivity or use alternative method of eradication
   175.    Appeal against refusal to approve keeping of pest in captivity or use alternative eradication method
   176.    Offences relating to pests kept in captivity
   177.    Offence of administering prohibited substance to pests
   178.    Offences involving fences and pests and conveyance of pests
   179.    Damage, destruction, removal of eradication devices
   180.    Campaigns for eradication of pests
   181.    Disputes between a Minister and another Minister

   PART 12 - POWERS OF AUTHORISED OFFICERS

           Division 1 - Preliminary

   182.    Power of entry
   183.    Purposes for which powers under Part may be exercised
   184.    Effect on other functions

           Division 2 - Authorised officers

   185.    Authorised officers
   186.    Scope of authority
   187.    Identification
   188.    Time of entry
   189.    Entry into residential premises only with permission or warrant
   190.    Powers of authorised officers to do things on premises
   191.    Notice of entry
   192.    Use of force
   193.    Notification of use of force or urgent entry
   194.    Care to be taken
   195.    Compensation
   196.    Search warrant
   197.    Authorised officer may request assistance

           Division 3 - Offences in relation to authorised officers

   198.    Offence: obstructing authorised officer
   199.    Offence: impersonating authorised officer or other authorised person

   PART 13 - ENFORCEMENT PROVISIONS

           Division 1 - Recovery of outstanding rates, charges and other amounts

   200.    Sale of land for unpaid amounts owing to authority
   201.    Recovery of rates, charges, fees and other unpaid amounts
   202.    Accrual of interest on overdue rates, charges and other amounts
   203.    Special provision with respect to recovery of unpaid rates and charges

           Division 2 - Proceedings for offences

   204.    Proceedings for offences
   205.    Time within which summary proceedings may be commenced
   206.    Penalty notices for certain offences
   207.    Penalties belong to prosecuting authorities or State Council
   208.    Court may order payment of additional penalty in certain cases
   209.    Offences by authorities
   210.    Offences relating to provision of information in relation to certain matters
   211.    Onus of proof concerning reasonable or lawful excuse

           Division 3 - Miscellaneous

   212.    General description of land sufficient for purposes of legal proceedings
   213.    Legal proceedings against an occupier or owner whose name is unknown
   214.    Jurisdiction of court or local land board not to be ousted in certain proceedings
   214A.   Proof of certain matters not required

   PART 14 - ADMINISTRATION OF FUNCTIONS OF STATE COUNCIL AND AUTHORITIES

           Division 1 - Administration of State Council

   215.    Appointment of administrator of all functions of State Council
   216.    Appointment of administrator of some functions of State Council
   217.    Effect of appointment of administrator

           Division 2 - Administration of authorities

   218.    Appointment of administrator of all functions of authorities
   219.    Appointment of administrator of some functions of an authority
   220.    Effect of appointment of administrator
   221.    Administrator to hold special election of directors when directed to do so

           Division 3 - Administration of authorities pending election of directors

   222.    Definitions
   223.    Appointment of an initial administrator
   224.    Alternative arrangements to appointment of initial administrator
   225.    Amalgamation facilitator and other staff
   226.    (Repealed)
   227.    Employees, property and expenditure of affected authorities in transitional period

           Division 4 - Miscellaneous

   228.    Provisions applicable to administrators

   PART 15 - SURCHARGES

   229.    Auditor-General may surcharge for improper expenditure
   230.    Procedure for surcharging
   231.    Right of appeal
   232.    Recovery of surcharges
   233.    Effect of failure to pay surcharge

   PART 16 - MISCELLANEOUS

   234.    Resolution of authority disputes
   235.    Resolution of disputes between State Council and authorities
   236.    Certificate as to rates, charges and other matters
   237.    Owner of stock may be ordered to muster stock
   238.    Protection from liability
   239.    Form of notices
   240.    Service and giving of notices and other documents
   241.    Delegation
   242.    Local land board appeals procedure
   243.    Regulations
   244.    Exemptions
   245.    Repeals
   246.    (Repealed)
   247.    Savings and transitional provisions
   248.    Review of Act
   249.    Amendment of Act to commence periodic elections for directors
           SCHEDULE 1A
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 7
           SCHEDULE 8
            Dictionary