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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LAND PROTECTION (PEST
AND STOCK ROUTE
MANAGEMENT) BILL 2001
Queensland
LAND PROTECTION (PEST AND STOCK
ROUTE MANAGEMENT) BILL 2001
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 2--PURPOSE AND APPLICATION OF ACT
Division 1--Purpose
3 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 How purpose is achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Application
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6 Relationship with Nature Conservation Act and Forestry Act . . . . . . . . . . . 19
7 Relationship with Dividing Fences Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 3--INTERPRETATION
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
CHAPTER 2--PEST MANAGEMENT
PART 1--PRINCIPLES OF PEST MANAGEMENT
9 Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--STATE PEST MANAGEMENT STRATEGIES AND
GUIDELINES FOR MANAGING PESTS
Division 1--State pest management strategies
10 State pest management strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Preparing strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Duration of strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13 Implementing strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
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Bill 2001
14 Reviewing and renewing strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Guidelines for managing pests
15 Chief executive may prepare guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3--Inspecting strategies and guidelines
16 Strategies and guidelines to be available for inspection . . . . . . . . . . . . . . . . 24
PART 3--PLANS FOR MANAGING PESTS ON STATE-
CONTROLLED LAND, AND PEST MANAGEMENT
COMMITTEE
Division 1--Plans
17 Plan for managing pests on State-controlled land . . . . . . . . . . . . . . . . . . . . . 24
18 Requirements of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Duration of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 Plan to be available for inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2--Pest management committee
21 Establishment of pest management committee . . . . . . . . . . . . . . . . . . . . . . . 25
22 Functions of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 4--PEST MANAGEMENT PLANS FOR LOCAL
GOVERNMENT AREAS
25 Local governments to have pest management plan . . . . . . . . . . . . . . . . . . . . 26
26 Requirements of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
27 Preparing draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Notice of draft plan and consideration of public submissions . . . . . . . . . . . 28
29 Minister to consider draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Adopting plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Duration of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
32 Implementing plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 Reviewing and renewing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Amending plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
35 Plan to be available for inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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PART 5--DECLARED PESTS
Division 1--Declaration of declared pests
36 Declaring declared pests by regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
37 Declaring declared pests by emergency pest notice . . . . . . . . . . . . . . . . . . . 31
38 Declared pest categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Offences about declared pests
39 Introducing declared pest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Feeding declared pest animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
41 Keeping declared pest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
42 Releasing declared pest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43 Taking declared pest plant for commercial use . . . . . . . . . . . . . . . . . . . . . . . 34
44 Supplying declared pest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
45 Supplying things containing reproductive material of particular declared
pest plants ............................................. 34
46 Moving or transporting vehicles and other things on roads . . . . . . . . . . . . . 35
PART 6--DECLARED PEST FENCES
Division 1--Fixing building line and building declared pest fences
47 Fixing building line and declaring pest animal for declared pest fence . . . . 36
48 Building declared pest fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--General provisions about declared pest fences
49 Building gates and grids in declared pest fence . . . . . . . . . . . . . . . . . . . . . . 36
50 Maintaining declared pest fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
51 Power to enter land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Agreement to make opening in declared pest fence . . . . . . . . . . . . . . . . . . . 38
53 Directing restoration of declared pest fence . . . . . . . . . . . . . . . . . . . . . . . . . 38
54 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3--Offences about declared pest fences
55 Damaging, or making openings in, a declared pest fence . . . . . . . . . . . . . . . 39
56 Obstructing building, inspection or maintenance of a declared pest fence . . 39
57 Closing gates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
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PART 7--DECLARED PEST PERMITS
Division 1--Obtaining or renewing declared pest permits
58 Application for, or to renew, permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
59 Additional information for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
60 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
61 Issuing and renewing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
62 Conditions of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
63 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2--Amendment, suspension or cancellation of permits
64 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
65 Suspension or cancellation--grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
66 Suspension or cancellation--procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
67 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
68 Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69 Failure to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
70 Notice and effect of suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . 46
71 Return of suspended or cancelled permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3--Disposing of declared pests when permit is cancelled
72 Direction to dispose of declared pest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 4--Replacement and surrender of permits
73 Replacing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Surrendering permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 5--Register of permits
75 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 6--Offence about declared pest permits
76 Noncompliance with permit conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 8--PEST CONTROL FOR LAND
Division 1--Obligation to keep land free of pests
77 Obligation of land owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 2--Controlling pests
78 Pest control notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
79 Extending compliance period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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80 Noncompliance with pest control notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
81 Entry to land by pest controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
82 Duration of entry notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3--Recovering costs
83 Amounts payable by land owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
84 Unpaid amounts are a charge on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
85 Registering charge on land under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 4--Register of notices
86 Issuing entity's register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 9--EMERGENCY CONTROL OF DECLARED PESTS
Division 1--Emergency control of declared pests by pest controllers
87 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
88 Pest controller's authorisation to enter land . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 2--Emergency quarantine notices
89 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
90 Emergency quarantine notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Directing authorised persons to take action under emergency quarantine
notice ................................................. 59
Division 3--Offences about emergency control of declared pests
92 Contravening emergency quarantine notice . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Contravening authorised person's direction . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 10--CONTROL OF DOGS
94 Definitions for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
95 Destruction of particular dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
96 Maps to be available for inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
CHAPTER 3--STOCK ROUTE NETWORK MANAGEMENT
PART 1--PRINCIPLES OF STOCK ROUTE NETWORK
MANAGEMENT
97 Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 2--STATE STOCK ROUTE NETWORK MANAGEMENT
STRATEGY
98 State stock route network management strategy . . . . . . . . . . . . . . . . . . . . . . 62
99 Preparing strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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100 Duration of strategy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
101 Implementing strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
102 Reviewing and renewing strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Strategy to be available for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 3--STOCK ROUTE NETWORK MANAGEMENT PLANS
104 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Local governments to have stock route network management plan . . . . . . . 64
106 Preparing draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Requirements of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
108 Notice of draft plan and consideration of public submissions . . . . . . . . . . . 66
109 Minister to consider draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
110 Adopting plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 Duration of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
112 Implementing plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
113 Reviewing and renewing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
114 Amending plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
115 Plan to be available for inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 4--STOCK ROUTE AGISTMENT PERMITS
Division 1--Obtaining permits
116 Application for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
117 Additional information for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
118 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
119 Issuing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
120 Duration of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
121 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 2--Renewing permits
122 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
124 Issuing renewed permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
125 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 3--Conditions of permits
126 Conditions that may and must be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . 73
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127 Amending conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 4--Cancellation of permits
128 Cancellation--grounds and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 5--Reviewing decisions about permits
129 Review by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 6--Replacing permits
130 Issuing replacement permits after change of conditions or review of
decision ............................................ 76
PART 5--STOCK ROUTE TRAVEL PERMITS
Division 1--Preliminary
131 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
132 Stock movements requiring a stock route travel permit . . . . . . . . . . . . . . . . 77
133 Stock movements not requiring a stock route travel permit . . . . . . . . . . . . . 77
Division 2--Obtaining permits
134 Application for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
135 Additional information for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
136 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
137 Issuing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
138 Duration of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
139 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 3--Notice of correct particulars
140 Permit holder to give notice of correct particulars . . . . . . . . . . . . . . . . . . . . 79
141 Issuing replacement permit on notice of correct particulars . . . . . . . . . . . . . 80
Division 4--Conditions of permits
142 Conditions that may and must be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . 81
143 Amending conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 5--Cancellation of permits
144 Cancellation--grounds and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 6--Reviewing decisions about permits
145 Review by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
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Division 7--Miscellaneous provisions
146 Issuing replacement permit after change of conditions or review of
decision ............................................. 84
147 Rate of travel of stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 6--FENCING STOCK ROUTES
148 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
149 Fencing notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
150 Obligation to build fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
151 Obligation to maintain fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
152 Noncompliance with fencing notice or obligation to maintain fence . . . . . . 86
153 Amounts payable by land owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
154 Unpaid amounts are a charge on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 7--OTHER PROVISIONS ABOUT STOCK ROUTE
NETWORK MANAGEMENT
Division 1--Mustering stock
155 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
156 Mustering notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
157 Obligation to comply with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
158 Noncompliance with mustering notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
159 Amounts payable by land owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 2--Pasture on the stock route network
160 Managing and conserving pasture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
161 Overgrazing on stock route network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 3--Travelling stock facilities and water facility agreements
162 Travelling stock facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
163 Water facility agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
164 Register of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
165 Registration of particular agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 4--Stray stock
166 Offence to allow stock to stray . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
167 Stray stock may be seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
168 Notice of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
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169 Releasing seized stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
170 Dealing with seized stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
171 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
172 Destroying other stray stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 8--OTHER OFFENCES ABOUT THE STOCK ROUTE
NETWORK
173 Offences about stock route agistment and travel permits . . . . . . . . . . . . . . . 93
174 Grazing stock without permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
175 Damaging travelling stock facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
176 Wasting or polluting water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
177 Taking water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
178 Camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
179 Obstructing movement of stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
180 Burning or removing pasture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
181 Placing things on the stock route network. . . . . . . . . . . . . . . . . . . . . . . . . . . 96
182 Offences about using reserves for travelling stock . . . . . . . . . . . . . . . . . . . . 96
CHAPTER 4--MATTERS RELATING TO LOCAL
GOVERNMENTS
183 Functions of local governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
184 Minister may direct local government to perform function or obligation 97
185 Chief executive may be directed to perform local government's functions 98
186 Local government to pay chief executive's costs . . . . . . . . . . . . . . . . . . . . . 98
187 Minister may require local government to make annual payment . . . . . . . . 98
188 Minister may ask for particular information from local government . . . . . . 99
CHAPTER 5--LAND PROTECTION COUNCIL AND LAND
PROTECTION FUND
PART 1--LAND PROTECTION (PEST AND STOCK ROUTE
MANAGEMENT) COUNCIL
Division 1--Establishment
189 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2--Functions
190 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
191 Basis on which functions may be performed . . . . . . . . . . . . . . . . . . . . . . . . 101
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192 Minister to consider recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Division 3--Membership
193 Membership of land protection council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
194 Failure of nominating entity to nominate person . . . . . . . . . . . . . . . . . . . . . 102
195 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
196 Appointment terms generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
197 Remuneration and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
198 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
199 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 4--Proceedings
200 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
201 Time and place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
202 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
203 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
204 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
205 Resolutions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
206 Disclosure of interests by land protection council members. . . . . . . . . . . . . 105
207 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 5--Annual report
208 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
PART 2--LAND PROTECTION FUND
209 Establishment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
210 Purpose and administration of fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
211 Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
212 Local government's payment of amounts into fund . . . . . . . . . . . . . . . . . . . 108
CHAPTER 6--PEST OPERATIONAL BOARDS
PART 1--GENERAL
213 Establishment of pest operational boards . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
214 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
215 Pest operational boards represent State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
216 Application of particular Acts to pest operational boards . . . . . . . . . . . . . . . 109
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PART 2--FUNCTION AND POWERS
217 Function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
218 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
219 Ministerial directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
PART 3--BOARD OF DIRECTORS
Division 1--Establishment and role
220 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
221 Role of board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 2--Provisions about directors
222 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
223 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
224 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
225 Term of appointment ...................................... 113
226 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
227 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 3--Directors' duties
228 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
229 Director to act in pest operational board's interest . . . . . . . . . . . . . . . . . . . . 115
Division 4--Business and meetings
230 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
231 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
232 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
233 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
234 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
235 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 5--Directors' fees and allowances
236 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
PART 4--FINANCIAL MATTERS
237 Estimate of pest operational board's operational costs . . . . . . . . . . . . . . . . . 117
238 Approval for carrying out pest operational board's operations . . . . . . . . . . . 117
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BOARDS
239 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
240 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
CHAPTER 7--INVESTIGATION AND ENFORCEMENT
PART 1--PEST SURVEY PROGRAMS
241 Approval of pest survey program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
242 Notice of proposed pest survey program. . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
243 Access to program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
PART 2--AUTHORISED PERSONS
244 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
245 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 121
246 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
247 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
248 When authorised person ceases to hold office. . . . . . . . . . . . . . . . . . . . . . . . 122
249 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
250 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
PART 3--POWERS OF AUTHORISED PERSONS
Division 1--Entry to places other than vehicles
251 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
252 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
253 Other entries without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
254 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
255 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
256 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
257 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 2--Entry to vehicles
258 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
259 Procedure for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
260 Power to stop vehicles that may be entered. . . . . . . . . . . . . . . . . . . . . . . . . . 129
261 Failure to obey signal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
262 Other powers relating to vehicles that may be entered . . . . . . . . . . . . . . . . . 130
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Division 3--Powers for entry to all places
263 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
264 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
265 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 4--Seizure
266 Power to seize evidence--entry without consent or warrant . . . . . . . . . . . . 132
267 Power to seize evidence--entry with consent or warrant . . . . . . . . . . . . . . . 132
268 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
269 Offence to tamper with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
270 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
271 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
272 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
273 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
274 Destruction or disposal of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 5--Forfeiture
275 Forfeiture by authorised person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
276 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
277 Dealing with forfeited things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Division 6--Other powers
278 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
279 Failure to give name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
280 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
281 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
282 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 138
283 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
PART 4--NOTICE OF DAMAGE
284 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
285 Requirement to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
PART 5--OTHER OFFENCES
286 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
287 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
288 Obstructing authorised person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
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289 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
CHAPTER 8--EVIDENCE AND LEGAL PROCEEDINGS
PART 1--EVIDENCE
290 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
291 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
292 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
293 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 2--LEGAL PROCEEDINGS
294 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
295 Recovering costs of taking action because of an offence . . . . . . . . . . . . . . . 143
CHAPTER 9--APPEALS
296 Appeals against appealable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
297 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
298 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
299 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
300 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
301 Appeal to district court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
CHAPTER 10--MISCELLANEOUS PROVISIONS
302 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
303 Advisory committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
304 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
305 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
306 Delegation by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
307 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
308 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
309 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
CHAPTER 11--REPEAL, SAVINGS AND TRANSITIONAL
PROVISIONS
PART 1--REPEAL
310 Act repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
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PART 2--SAVINGS AND TRANSITIONAL PROVISIONS
Division 1--Preliminary
311 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 2--Savings and transitional provisions
312 Dissolution of former protection board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
313 Continuing Darling DownsMoreton Rabbit Board . . . . . . . . . . . . . . . . . . . 151
314 Members of board of former authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
315 Employees of former authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
316 Vesting of former authority's assets, rights and liabilities. . . . . . . . . . . . . . . 152
317 Vesting of former authority's pending legal proceedings . . . . . . . . . . . . . . . 153
318 Existing permission about animals or plants. . . . . . . . . . . . . . . . . . . . . . . . . 153
319 Existing permission about travelling or depasturing stock . . . . . . . . . . . . . . 154
320 Application for permission to travel or depasture stock . . . . . . . . . . . . . . . . 154
321 Application for permission about animals or plants . . . . . . . . . . . . . . . . . . . 154
322 Barrier fences under former Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
323 Existing notice to control declared animals or plants . . . . . . . . . . . . . . . . . . 155
324 Existing endorsement on register kept under the Land Act or Land
Title Act ............................................. 155
325 Existing agreement about water facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
326 References to former Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
327 References to former protection board and former authority . . . . . . . . . . . . 156
328 References to former fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
CHAPTER 12--CONSEQUENTIAL AMENDMENTS
329 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 158
APPEALABLE DECISIONS AND AGGRIEVED PERSONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 160
CONSEQUENTIAL AMENDMENT OF ACTS
FISHERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
FORESTRY ACT 1959. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 161
16
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STOCK ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 162
WATER ACT 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 163
DICTIONARY
2001
A BILL
FOR
An Act about the management of particular pests on land and the
management of the stock route network, and for other purposes
s1 18 s4
Land Protection (Pest and Stock Route Management)
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The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
PART 1--INTRODUCTION 3
1 Short title 4
This Act may be cited as the Land Protection (Pest and Stock Route 5
Management) Act 2001. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
PART 2--PURPOSE AND APPLICATION OF ACT 9
Division 1--Purpose 10
3 Main purpose of Act 11
The main purpose of this Act is to provide for-- 12
(a) pest management for land; and 13
(b) stock route network management. 14
4 How purpose is achieved 15
The purpose is to be achieved mainly by the following-- 16
(a) establishing principles of pest management for land and stock 17
route network management; 18
s5 19 s6
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(b) providing for pest management planning and stock route network 1
management planning; 2
(c) declaring animals and plants to be declared pests; 3
(d) restricting the introduction, keeping or sale of declared pests; 4
(e) preventing the spread of declared pests in the State, including, for 5
example, preventing their spread by human activity; 6
(f) establishing responsibilities for pest and stock route network 7
management; 8
(g) building and maintaining fences to prevent declared pest animals 9
moving from a part of the State to another part; 10
(h) establishing the Land Protection (Pest and Stock Route 11
Management) Council to give advice and make 12
recommendations to the Minister about managing pests and the 13
stock route network; 14
(i) providing for the establishment of pest operational boards; 15
(j) constructing and maintaining travelling stock facilities on the 16
stock route network; 17
(k) monitoring, surveying and controlling pests and the movement of 18
travelling stock. 19
Division 2--Application 20
5 Act binds all persons 21
This Act binds all persons, including the State, and, so far as the 22
legislative power of the Parliament permits, the Commonwealth and the 23
other States. 24
6 Relationship with Nature Conservation Act and Forestry Act 25
(1) Subject to subsection (2), this Act does not affect the application of 26
the Nature Conservation Act 1992 or the Forestry Act 1959. 27
(2) A person who lawfully does an act authorised under this Act that 28
would, but for this subsection, constitute an offence under the Nature 29
s7 20 s9
Land Protection (Pest and Stock Route Management)
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Conservation Act 1992 or the Forestry Act 1959 is taken not to commit the 1
offence only because of doing the act. 2
7 Relationship with Dividing Fences Act 3
The Dividing Fences Act 1953 does not apply to a declared pest fence. 4
PART 3--INTERPRETATION 5
8 Definitions 6
The dictionary in schedule 3 defines particular words used in this Act. 7
CHAPTER 2--PEST MANAGEMENT 8
PART 1--PRINCIPLES OF PEST MANAGEMENT 9
9 Principles 10
The principles of pest management for land are as follows-- 11
· Integration 12
Pest management is an integral part of managing natural 13
resources and agricultural systems. 14
· Public awareness 15
Public awareness and knowledge of pests must be raised to 16
increase the capacity and willingness of individuals to manage 17
pests. 18
· Commitment 19
Effective pest management requires a long-term commitment to 20
pest management by the community, industry groups and 21
government entities. 22
s 10 21 s 10
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· Consultation and partnership 1
Consultation and partnership arrangements between local 2
communities, industry groups, State government agencies and 3
local governments must be established to achieve a collaborative 4
approach to pest management. 5
· Planning 6
Pest management planning must be consistent at local, regional, 7
State and national levels to ensure resources target priorities for 8
pest management identified at each level. 9
· Prevention 10
Preventative pest management is achieved by-- 11
(a) preventing the spread of pests, and viable parts of pests, 12
especially by human activity; and 13
(b) early detection and intervention to control pests. 14
· Best practice 15
Pest management must be based on ecologically and socially 16
responsible pest management practices that protect the 17
environment and the productive capacity of natural resources. 18
· Improvement 19
Research about pests, and regular monitoring and evaluation of 20
pest control activities, is necessary to improve pest management 21
practices. 22
PART 2--STATE PEST MANAGEMENT STRATEGIES 23
AND GUIDELINES FOR MANAGING PESTS 24
Division 1--State pest management strategies 25
10 State pest management strategies 26
(1) The chief executive must, as soon as practicable after the 27
commencement of this part, have separate State pest management 28
s 11 22 s 12
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strategies for animals and plants to direct and coordinate pest management 1
activities in the State. 2
(2) A State pest management strategy may include provision for the 3
following-- 4
(a) establishing priorities for managing declared pests; 5
(b) preventing declared pests entering the State; 6
(c) restricting the spread of declared pests in the State; 7
(d) detecting and eradicating pest occurrences at an early stage; 8
(e) managing declared pests on a regional or site basis; 9
(f) monitoring declared pests and assessing other animals and plants 10
that may have an adverse economic, environmental or social 11
impact in the State; 12
(g) researching improved pest management practices, including, for 13
example, biological control methods for pests; 14
(h) facilitating pest management planning; 15
(i) educating the community about pest management; 16
(j) establishing consistency among local government, State and 17
national pest management strategies. 18
11 Preparing strategies 19
In preparing a State pest management strategy, the chief executive must 20
have regard to the principles of pest management. 21
12 Duration of strategies 22
(1) A State pest management strategy has effect for the period, of no 23
more than 5 years, stated in it. 24
(2) However, if the chief executive renews the strategy before the end of 25
the stated period, the strategy ceases to have effect immediately before the 26
renewed strategy commences. 27
s 13 23 s 15
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13 Implementing strategies 1
The chief executive must, as far as practicable, direct and coordinate 2
implementation of each State pest management strategy. 3
14 Reviewing and renewing strategies 4
(1) The chief executive may review, or renew, a State pest management 5
strategy when the chief executive considers it appropriate. 6
(2) However, the chief executive must review the effectiveness of a 7
strategy at least 6 months before it ceases to have effect. 8
Division 2--Guidelines for managing pests 9
15 Chief executive may prepare guidelines 10
(1) The chief executive may prepare guidelines about managing a 11
declared pest. 12
(2) The guidelines may include provision about the following-- 13
(a) preventing the introduction or spread of the pest; 14
(b) reducing the numbers or distribution of the pest; 15
(c) managing adverse impacts of the pest; 16
(d) integrating management of the pest with other natural resource 17
management activities; 18
(e) other matters the chief executive considers are relevant to 19
management of the pest. 20
(3) The chief executive may review, or renew, a guideline when the 21
chief executive considers it appropriate. 22
s 16 24 s 17
Land Protection (Pest and Stock Route Management)
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Division 3--Inspecting strategies and guidelines 1
16 Strategies and guidelines to be available for inspection 2
(1) The chief executive must keep a copy of the strategies and guidelines 3
available for inspection, free of charge, by members of the public at-- 4
(a) the department's head office; and 5
(b) other places the chief executive considers appropriate. 6
(2) The strategies and guidelines may be made available in written or 7
electronic form. 8
PART 3--PLANS FOR MANAGING PESTS ON 9
STATE-CONTROLLED LAND, AND PEST 10
MANAGEMENT COMMITTEE 11
Division 1--Plans 12
17 Plan for managing pests on State-controlled land 13
(1) Each of the following departments must, as soon as practicable after 14
the commencement of this part, have a plan for managing declared pests on 15
State-controlled land managed by it-- 16
(a) the department; 17
(b) the department in which the Timber Utilisation and Marketing 18
Act 1987 is administered; 19
(c) the department in which the Nature Conservation Act 1992 is 20
administered; 21
(d) the department responsible for managing State-controlled roads. 22
(2) The plan must include provision for the following-- 23
(a) achievable objectives under the plan; 24
(b) activities and responsibilities for achieving the objectives; 25
s 18 25 s 21
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(c) strategies to inform the local community about the content of the 1
plan and achievement of its objectives; 2
(d) developing strategies for managing declared pests; 3
(e) monitoring and evaluating the effectiveness of the plan; 4
(f) participating in local government pest management planning 5
processes. 6
18 Requirements of plan 7
A plan must be consistent with the following-- 8
(a) the principles of pest management; 9
(b) the State pest management strategies; 10
(c) the guidelines for pest management. 11
19 Duration of plan 12
(1) A plan has effect for the period, of no more than 5 years, stated in it. 13
(2) The plan ceases to have effect at the end of the stated period. 14
20 Plan to be available for inspection 15
(1) Each department mentioned in section 17(1) must keep a copy of its 16
plan available for inspection, free of charge, by members of the public at-- 17
(a) its head office; and 18
(b) other places the chief executive of the department considers 19
appropriate. 20
(2) The plans may be made available in written or electronic form. 21
Division 2--Pest management committee 22
21 Establishment of pest management committee 23
The chief executive must establish a pest management committee 24
(the "committee") for State-controlled land. 25
s 22 26 s 25
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22 Functions of committee 1
The functions of the committee are-- 2
(a) to improve the management of pests on State-controlled land; 3
and 4
(b) to coordinate, and achieve consistency in, pest management 5
activities on State-controlled land; and 6
(c) to oversee the implementation of plans for managing declared 7
pests on State-controlled land; and 8
(d) to integrate plans for managing declared pests on 9
State-controlled land with broader natural resource management 10
strategies and planning processes, including, for example, a local 11
government's pest management plan. 12
23 Membership 13
The committee must consist of at least 1 representative of each 14
department mentioned in section 17(1). 15
24 Conduct of business 16
(1) Subject to subsection (2), the committee may conduct its business, 17
including its meetings, in the way it considers appropriate. 18
(2) The committee must meet at least once a year to consider the 19
implementation and effectiveness of the plans for managing declared pests 20
on State-controlled land. 21
PART 4--PEST MANAGEMENT PLANS FOR LOCAL 22
GOVERNMENT AREAS 23
25 Local governments to have pest management plan 24
(1) A local government must, within 1 year after this part commences, 25
have a pest management plan for declared pests in its area. 26
(2) The plan may include provision for the following-- 27
s 26 27 s 27
Land Protection (Pest and Stock Route Management)
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(a) achievable objectives under the plan; 1
(b) strategies, activities and responsibilities for achieving the 2
objectives; 3
(c) strategies to inform the local community about the content of the 4
plan and achievement of its objectives; 5
(d) monitoring implementation of the plan and evaluating its 6
effectiveness; 7
(e) other matters the local government considers appropriate for 8
management of declared pests in its area. 9
26 Requirements of plan 10
A local government's pest management plan must be consistent with the 11
following-- 12
(a) the principles of pest management; 13
(b) the State pest management strategies; 14
(c) the guidelines for pest management. 15
27 Preparing draft plan 16
(1) A local government must establish a working group to advise the 17
local government about preparing its draft pest management plan. 18
(2) The working group may include a representative of each department 19
mentioned in section 17(1) the local government considers appropriate for 20
preparing the plan. 21
(3) If asked by the local government, the chief executive of the 22
department must nominate an individual as its representative on the 23
working group. 24
(4) The individual must have the qualifications or experience to advise 25
the local government about preparing its draft pest management plan. 26
(5) In preparing the draft pest management plan, the local government 27
must have regard to the following-- 28
(a) the principles of pest management; 29
(b) the State pest management strategies; 30
s 28 28 s 29
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(c) the guidelines for pest management; 1
(d) the plans for managing declared pests on State-controlled land in 2
its area; 3
(e) the interests of its local community, including, for example, the 4
interests of land-holders, Aboriginal and Torres Strait Islander 5
peoples, industry groups and members of the public. 6
28 Notice of draft plan and consideration of public submissions 7
(1) The local government must give public notice when its draft pest 8
management plan has been prepared. 9
(2) The notice must-- 10
(a) be published in a newspaper circulating generally in the local 11
government's area; and 12
(b) state the draft plan is available for inspection, free of charge, at 13
the local government's public office; and 14
(c) invite the public to inspect the draft plan and make written 15
submissions about it to the local government within 28 days after 16
the notice is published (the "submission period"). 17
(3) The local government must-- 18
(a) make the draft plan available for public inspection in written 19
form, free of charge, in the submission period; and 20
(b) consider any written submissions properly made to it. 21
29 Minister to consider draft plan 22
(1) The local government must give its draft pest management plan to 23
the Minister-- 24
(a) within 60 days after the submission period ends; and 25
(b) at least 3 months before the local government's existing pest 26
management plan, if any, ceases to have effect. 27
(2) The Minister must consider whether the plan-- 28
(a) complies with section 26; and 29
s 30 29 s 33
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(b) provides for the management of declared pests in the local 1
government's area. 2
(3) If the Minister is not satisfied of the matters mentioned in 3
subsection (2), the Minister must advise the local government about how 4
the plan may be amended. 5
30 Adopting plan 6
(1) If the Minister is satisfied of the matters mentioned in section 29(2), 7
the Minister must advise the local government that it may, by resolution, 8
adopt the plan. 9
(2) The local government must then adopt the plan. 10
31 Duration of plan 11
(1) The local government's pest management plan has effect for the 12
period, of no more than 4 years, stated in it. 13
(2) However, if the local government renews the plan before the end of 14
the stated period, the plan ceases to have effect immediately before the 15
renewed plan commences. 16
32 Implementing plan 17
The local government must, as far as practicable, implement its pest 18
management plan. 19
33 Reviewing and renewing plan 20
(1) The local government may review, or renew, its pest management 21
plan when the chief executive officer of the local government considers it 22
appropriate. 23
(2) However, the local government must review the effectiveness of its 24
pest management plan at least 3 months before the start of each financial 25
year. 26
(3) Also, if a State pest management strategy is amended, the local 27
government must review its pest management plan and, if necessary, 28
amend the plan to ensure it is consistent with the amended strategy. 29
s 34 30 s 36
Land Protection (Pest and Stock Route Management)
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34 Amending plan 1
(1) This section applies if a local government decides to amend its pest 2
management plan. 3
(2) The local government must give a copy of the amended plan to the 4
Minister. 5
(3) The Minister must consider whether the amended plan-- 6
(a) complies with section 26; and 7
(b) provides for the management of declared pests in the local 8
government's area. 9
(4) After considering the amended plan, the Minister must advise the 10
local government-- 11
(a) if the Minister is not satisfied of the matters mentioned in 12
subsection (3)--about how the plan may be amended; or 13
(b) otherwise--that the local government may, by resolution, adopt 14
the amended plan. 15
35 Plan to be available for inspection 16
(1) Each local government must keep a copy of its pest management 17
plan available for inspection, free of charge, by members of the public at 18
the local government's public office. 19
(2) The plan may be made available in written or electronic form. 20
PART 5--DECLARED PESTS 21
Division 1--Declaration of declared pests 22
36 Declaring declared pests by regulation 23
A regulation may declare an animal or plant to be a declared pest-- 24
(a) for the State or a part of the State; and 25
(b) of a category under the regulation. 26
s 37 31 s 38
Land Protection (Pest and Stock Route Management)
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37 Declaring declared pests by emergency pest notice 1
(1) This section applies if the chief executive is satisfied urgent action is 2
needed to protect a part of the State from an adverse economic, 3
environmental or social impact caused, or likely to be caused, by an animal 4
or plant. 5
(2) The chief executive may, by gazette notice (an "emergency pest 6
notice"), make a declaration under this section for the animal or plant. 7
(3) The notice must-- 8
(a) state it is an emergency pest notice; and 9
(b) state the nature of the emergency; and 10
(c) state the part of the State in which the notice applies; and 11
(d) if the animal or plant is not a declared pest--declare it to be a 12
declared pest of a stated category; and 13
(e) if the animal or plant is a declared pest but the circumstances 14
require its category to be changed--declare its new category and 15
state its former category. 16
(4) The notice is subordinate legislation. 17
(5) If, under the notice, a declared pest's category is changed, the 18
declaration of the pest's former category ceases to have effect in the part of 19
the State in which the notice applies while it is in force. 20
(6) The chief executive must repeal the notice as soon as possible after 21
the chief executive is satisfied the emergency no longer exists. 22
(7) Unless it is earlier repealed, the notice ceases to have effect 3 months 23
after it is gazetted. 24
38 Declared pest categories 25
(1) The following are the categories of declared pests-- 26
(a) class 1 pest; 27
(b) class 2 pest; 28
(c) class 3 pest. 29
(2) An animal or plant may be declared to be-- 30
s 39 32 s 39
Land Protection (Pest and Stock Route Management)
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(a) a class 1 pest if the Governor in Council or chief executive is 1
satisfied it-- 2
(i) is not commonly present or established in the State; and 3
(ii) has the potential to cause an adverse economic, 4
environmental or social impact in the State, another State or 5
a part of the State or another State; or 6
(b) a class 2 or class 3 pest if the Governor in Council or chief 7
executive is satisfied it-- 8
(i) is established in the State; and 9
(ii) is causing, or has the potential to cause, an adverse 10
economic, environmental or social impact in the State, 11
another State or a part of the State or another State. 12
(3) In deciding whether to declare an animal or plant to be a class 2 or 13
class 3 pest, the Governor in Council or chief executive must have regard 14
to the following-- 15
(a) the significance of the animal's or plant's impact or potential 16
impact; 17
(b) the area affected, or likely to be affected, by the impact; 18
(c) the extent to which the animal or plant has spread or is likely to 19
spread. 20
Division 2--Offences about declared pests 21
39 Introducing declared pest 22
A person must not, without reasonable excuse, introduce a declared pest 23
other than under a declared pest permit. 24
Maximum penalty-- 25
(a) for a class 1 pest--800 penalty units; or 26
(b) for a class 2 pest--400 penalty units; or 27
(c) for a class 3 pest--200 penalty units. 28
s 40 33 s 42
Land Protection (Pest and Stock Route Management)
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40 Feeding declared pest animal 1
(1) A person must not, without reasonable excuse, feed a declared pest 2
animal other than under a declared pest permit. 3
Maximum penalty--40 penalty units. 4
(2) A person does not commit an offence against subsection (1) if the 5
person feeds the animal-- 6
(a) as part of a baiting or trapping campaign to control its numbers; 7
or 8
(b) after it is seized under section 266 or 267.1 9
41 Keeping declared pest 10
A person must not, without reasonable excuse, keep a class 1 or class 2 11
pest other than under a declared pest permit. 12
Maximum penalty-- 13
(a) for a class 1 pest--800 penalty units; or 14
(b) for a class 2 pest--400 penalty units. 15
42 Releasing declared pest 16
(1) A person must not, without reasonable excuse, release a declared 17
pest other than under a declared pest permit. 18
Maximum penalty-- 19
(a) for a class 1 pest--800 penalty units; or 20
(b) for a class 2 pest--400 penalty units; or 21
(c) for a class 3 pest--200 penalty units. 22
(2) A person does not commit an offence against subsection (1) if the 23
person releases the declared pest to control its numbers or eradicate it. 24
25
Example for subsection (2)--
26
Releasing an animal as part of a biological control program.
1 Section 266 (Power to seize evidence--entry without consent or warrant) or 267
(Power to seize evidence--entry with consent or warrant)
s 43 34 s 45
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(3) In this section-- 1
"release", for a declared pest, means to set the pest free or spread the pest 2
in the State. 3
43 Taking declared pest plant for commercial use 4
(1) A person must not take a plant that is a class 2 pest, or a part of the 5
plant, for commercial use other than under a declared pest permit. 6
Maximum penalty--400 penalty units. 7
(2) In this section-- 8
"take" includes the following-- 9
(a) fell; 10
(b) lop; 11
(c) remove. 12
44 Supplying declared pest 13
A person must not supply a declared pest other than under a declared 14
pest permit. 15
Maximum penalty-- 16
(a) for a class 1 pest--800 penalty units; or 17
(b) for a class 2 pest--400 penalty units; or 18
(c) for a class 3 pest--200 penalty units. 19
45 Supplying things containing reproductive material of particular 20
declared pest plants 21
(1) A person (a "supplier") must not supply any thing containing 22
reproductive material of a plant that is-- 23
(a) a class 1 pest; or 24
(b) a class 2 pest prescribed under a regulation for this section. 25
26
Examples of `thing'--
Fodder, grain, gravel, machinery, mulch, packing material, sand, soil, stock, vehicles or
27
water.
s 46 35 s 46
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Maximum penalty-- 1
(a) for a class 1 pest--800 penalty units; or 2
(b) for a class 2 pest--400 penalty units. 3
(2) A supplier does not commit an offence against subsection (1)(b) if, 4
before supplying the thing, the supplier gives the person to whom it is 5
supplied a written notice stating the following-- 6
(a) the supplier's name and address; 7
(b) the thing may contain the reproductive material of a class 2 pest; 8
(c) the name of the class 2 pest. 9
(3) In this section-- 10
"thing" does not include a declared pest. 11
46 Moving or transporting vehicles and other things on roads 12
(1) This section applies to a person who moves or transports a vehicle or 13
other thing on a road if the person knows, or ought reasonably to know, soil 14
or other organic material in or on the vehicle or thing is likely to contain the 15
reproductive material of a declared pest plant. 16
(2) The person must not, without reasonable excuse, move or transport 17
the vehicle or thing unless the person has taken reasonable steps-- 18
(a) to restrict the release of the reproductive material when the 19
vehicle or thing is moved or transported; or 20
(b) to ensure the vehicle or thing is free of the reproductive material. 21
Maximum penalty--200 penalty units. 22
s 47 36 s 49
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PART 6--DECLARED PEST FENCES 1
Division 1--Fixing building line and building declared pest fences 2
47 Fixing building line and declaring pest animal for declared pest 3
fence 4
(1) A regulation may fix the building line for a fence (a "declared pest 5
fence"), for any land, to prevent the movement, from 1 side of the fence to 6
the other, of a declared pest animal. 7
(2) The regulation must state a declared pest animal for the fence (the 8
"relevant pest animal"). 9
48 Building declared pest fence 10
(1) The declared pest fence may be built, on or as near as practicable to 11
the building line, by any of the following (a "building authority")-- 12
(a) the chief executive; 13
(b) a pest operational board established to manage the relevant pest 14
animal; 15
(c) a local government prescribed under a regulation for this section. 16
(2) However, a local government mentioned in subsection (1)(c) may 17
build the fence only on, or as near as practicable to, the part of the building 18
line that is in, or along the boundary of, its area. 19
(3) In building the fence, the building authority must incorporate 20
existing fencing the authority considers suitable or capable of being made 21
suitable for the fence. 22
Division 2--General provisions about declared pest fences 23
49 Building gates and grids in declared pest fence 24
(1) This section applies if the building authority builds a declared pest 25
fence that-- 26
(a) intersects an owner's land; and 27
s 50 37 s 51
Land Protection (Pest and Stock Route Management)
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(b) unreasonably hinders movement by the land owner or the 1
owner's stock from a part of the land to another part. 2
(2) The building authority must, when building the fence, build and pay 3
for a gate or grid in the fence to allow the movement. 4
50 Maintaining declared pest fence 5
(1) Subject to section 52, the building authority must ensure a declared 6
pest fence built by it is kept in a condition that stops the movement of the 7
relevant pest animal from 1 side of the fence to the other. 8
(2) To comply with subsection (1), the building authority may-- 9
(a) clear the fence line of vegetation or other obstruction to a 10
distance of no more than 20 m either side of the fence; and 11
(b) enter onto another person's land to clear the fence line or inspect 12
or maintain the fence. 13
51 Power to enter land 14
(1) This section applies if the building authority needs to enter land to-- 15
(a) build, inspect or maintain a declared pest fence, including a gate 16
or grid in it; or 17
(b) clear the fence line. 18
(2) Before entering the land, the building authority must-- 19
(a) obtain the owner's consent to the entry; or 20
(b) give the owner written notice of-- 21
(i) the intended entry; and 22
(ii) the purpose of the entry; and 23
(iii) the likely dates and times of entry. 24
(3) If the building authority is satisfied it is impracticable to give the 25
notice under subsection (2)(b), it is sufficient compliance with the 26
subsection if the building authority-- 27
(a) publishes the notice in a newspaper circulating generally in the 28
area in which the land is situated; or 29
(b) places the notice in a conspicuous place on the land. 30
s 52 38 s 53
Land Protection (Pest and Stock Route Management)
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(4) Notice under this section must be given at least 7 days before the 1
intended entry. 2
(5) However, if the building authority needs to enter the land in urgent 3
circumstances, the building authority need only give the owner the notice 4
that is reasonably practicable in the circumstances. 5
52 Agreement to make opening in declared pest fence 6
(1) The building authority may enter into an agreement with another 7
person about making an opening in the fence for a particular purpose and 8
period. 9
10
Examples of `purpose'--
11
1. To build a road or lay a gas pipeline through the fence.
12
2. To pass through the fence to gain access to land for mineral exploration.
(2) The agreement must be subject to conditions that, as far as 13
reasonably practicable, ensure the movement of the relevant pest animal 14
from 1 side of the fence to the other is prevented while the fence is opened. 15
53 Directing restoration of declared pest fence 16
(1) This section applies if the building authority reasonably believes a 17
person has committed an offence against section 55. 18
(2) The building authority may, by written notice given to the person, 19
require the person, by the reasonable date stated in the notice, to restore the 20
declared pest fence to the condition it was in before the fence was damaged 21
or opened. 22
(3) The notice must be accompanied by, or include, an information 23
notice about the building authority's decision to make the requirement. 24
(4) If the person does not comply with the notice, the building authority 25
may carry out the restoration.2 26
2 Also, see section 295 (Recovering costs of taking action because of an offence).
s 54 39 s 56
Land Protection (Pest and Stock Route Management)
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54 Notice of damage 1
(1) In exercising a power under division 1 or this division, the building 2
authority must take all reasonable steps to cause as little inconvenience, 3
and do as little damage, as is practicable in the circumstances. 4
(2) If the building authority damages any thing in the exercise, or 5
purported exercise, of the power, the building authority must promptly give 6
written notice of the particulars of the damage to the person who appears to 7
the building authority to be the owner or person in possession of the thing. 8
(3) If for any reason it is not practicable to comply with subsection (2), 9
the building authority must leave the notice in a conspicuous position and 10
in a reasonably secure way where the damage happened. 11
(4) If the building authority believes the damage was caused by a latent 12
defect in the thing or other circumstances beyond the building authority's 13
control, the building authority may state the belief in the notice. 14
(5) This section does not apply to-- 15
(a) damage the building authority reasonably believes is trivial; or 16
(b) damage to vegetation cleared under section 50(2). 17
Division 3--Offences about declared pest fences 18
55 Damaging, or making openings in, a declared pest fence 19
A person must not, without reasonable excuse-- 20
(a) damage a declared pest fence; or 21
(b) make an opening in a declared pest fence, other than under an 22
agreement mentioned in section 52. 23
Maximum penalty--50 penalty units. 24
56 Obstructing building, inspection or maintenance of a declared 25
pest fence 26
(1) A person must not, without reasonable excuse, build a structure, 27
excavate land or carry out another activity near a declared pest fence if the 28
structure, excavation or carrying out of the activity is likely to obstruct the 29
building, inspection or maintenance of the fence. 30
s 57 40 s 58
Land Protection (Pest and Stock Route Management)
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Maximum penalty--50 penalty units. 1
(2) A person must not, without reasonable excuse, obstruct another 2
person who is-- 3
(a) building, inspecting or maintaining, or attempting to build, 4
inspect or maintain, a declared pest fence, including a gate or 5
grid in it; or 6
(b) clearing, or attempting to clear, a declared pest fence line. 7
Maximum penalty--50 penalty units. 8
57 Closing gates 9
A person must close a gate in a declared pest fence immediately after 10
using the gate, unless the person has a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
PART 7--DECLARED PEST PERMITS 13
Division 1--Obtaining or renewing declared pest permits 14
58 Application for, or to renew, permit 15
(1) A person may apply to the chief executive for, or to renew, a 16
declared pest permit. 17
(2) The application must be-- 18
(a) in the approved form; and 19
(b) accompanied by-- 20
(i) the application and permit fee prescribed under a regulation; 21
and 22
(ii) for an application to renew a permit--the permit. 23
(3) An application to renew a permit must be made at least 30 days 24
before the permit ends. 25
s 59 41 s 60
Land Protection (Pest and Stock Route Management)
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59 Additional information for application 1
(1) The chief executive may, by written notice, ask the applicant to give 2
the chief executive further reasonable information or documents about the 3
application by the reasonable date stated in the notice. 4
(2) The chief executive may refuse the application if the applicant does 5
not, without reasonable excuse, give the chief executive the information or 6
documents by the stated day. 7
60 Deciding application 8
(1) The chief executive must consider and decide whether to grant or 9
refuse the application. 10
(2) The chief executive may grant the application only if-- 11
(a) for an application to introduce or keep a declared pest-- 12
(i) the introduction or keeping is for a purpose prescribed 13
under a regulation; and 14
(ii) the pest is prescribed under a regulation as a pest that may 15
be kept for the purpose; and 16
(iii) the chief executive is satisfied-- 17
(A) the pest is to be kept by an entity, if any, prescribed 18
under a regulation as an entity that may keep the pest 19
for the purpose; and 20
(B) if a development approval is required under the 21
Integrated Planning Act 1997 for keeping the 22
pest--the entity has the approval; and 23
(C) the pest is not likely to endanger public safety; and 24
(D) the introduction or keeping is not likely to lead to the 25
spread of the pest in the State; and 26
(b) for another application--the chief executive is satisfied the 27
purpose for which the permit is issued is not likely to lead to the 28
spread of the pest in the State. 29
s 61 42 s 62
Land Protection (Pest and Stock Route Management)
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61 Issuing and renewing permit 1
(1) If the chief executive decides to grant the application, the chief 2
executive must, as soon as practicable-- 3
(a) if the application is for a declared pest permit--give the applicant 4
the permit in the approved form; and 5
(b) if the application is to renew a declared pest permit-- 6
(i) note the renewal on the permit; and 7
(ii) give the applicant the renewed permit; and 8
(c) if the chief executive decides to impose conditions on the permit 9
or renewal--give an information notice about the decision. 10
(2) A permit takes effect from-- 11
(a) the day of its issue; or 12
(b) if a later day is stated in it--the later day. 13
(3) The permit remains in force, unless sooner cancelled or suspended, 14
for the period, of no more than 2 years, stated in it. 15
(4) A renewal-- 16
(a) takes effect from the day after the permit ends; and 17
(b) unless sooner cancelled or suspended, continues in force for the 18
period, of no more than 2 years, stated in the renewed permit. 19
62 Conditions of permit 20
(1) The chief executive may impose on the declared pest permit, or the 21
renewal, the reasonable conditions the chief executive decides. 22
(2) Without limiting subsection (1), a condition may be about any of the 23
following-- 24
(a) security enclosures for stopping the escape of a declared pest 25
animal; 26
(b) keeping records about a declared pest; 27
(c) restricting breeding, sale or movement of a declared pest; 28
(d) stopping the spread of a declared pest; 29
(e) providing appropriate shelter and care for a declared pest animal; 30
s 63 43 s 65
Land Protection (Pest and Stock Route Management)
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(f) using a tag or other device to identify a declared pest; 1
(g) maintaining adequate public liability insurance in relation to 2
keeping a declared pest. 3
63 Refusing application 4
If the chief executive decides to refuse the application, the chief 5
executive must, within 7 days after making the decision-- 6
(a) give the applicant an information notice about the decision; and 7
(b) refund the permit fee. 8
Division 2--Amendment, suspension or cancellation of permits 9
64 Amendment 10
The chief executive may, with the written approval of the permit holder, 11
amend the following particulars of a declared pest permit-- 12
(a) the species of declared pest to which the permit relates; 13
(b) the number of declared pests that may be kept under the permit; 14
(c) the place where, or area in which, a declared pest may be kept. 15
65 Suspension or cancellation--grounds 16
The chief executive may suspend or cancel a declared pest permit if the 17
chief executive reasonably believes any of the following applies-- 18
(a) the permit was issued in error or because of a materially false or 19
misleading representation or document, made either orally or in 20
writing; 21
(b) the permit holder has not complied with a condition of the 22
permit; 23
(c) if the permit is for keeping a declared pest--the holder does not 24
have a development approval required under the Integrated 25
Planning Act 1997 for keeping the pest; 26
(d) if-- 27
s 66 44 s 66
Land Protection (Pest and Stock Route Management)
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(i) the holder is an individual--the holder, after issue of the 1
permit, has committed or is committing a declared pest 2
offence or an offence against another Act relating to the care 3
or protection of animals; or 4
(ii) the holder is a corporation--any of the corporation's 5
executive officers, after issue of the permit, has committed 6
or is committing a declared pest offence or an offence 7
against another Act relating to the care or protection of 8
animals. 9
66 Suspension or cancellation--procedure 10
(1) If the chief executive proposes to suspend or cancel a declared pest 11
permit, the chief executive must give the permit holder a written notice 12
stating each of the following-- 13
(a) the action (the "proposed action") the chief executive proposes 14
taking under this section; 15
(b) the grounds for the proposed action; 16
(c) the facts and circumstances that are the basis for the grounds; 17
(d) if the proposed action is suspension of the permit--the 18
suspension period; 19
(e) that the holder may make, within a stated period, written 20
representations to show why the proposed action should not be 21
taken. 22
(2) The stated period must end at least 28 days after the holder is given 23
the notice. 24
(3) If, after considering all representations made within the stated period, 25
the chief executive still believes a ground exists to take the proposed 26
action, the chief executive may-- 27
(a) if the proposed action is to suspend the permit for a stated 28
period--suspend the permit for no longer than the proposed 29
suspension period; and 30
(b) if the proposed action is to cancel the permit--cancel the permit 31
or suspend it for a period. 32
s 67 45 s 68
Land Protection (Pest and Stock Route Management)
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67 Immediate suspension 1
(1) The chief executive may, by written notice given to the permit 2
holder, immediately suspend a declared pest permit if the chief executive 3
reasonably believes-- 4
(a) a ground exists to suspend or cancel the permit; and 5
(b) the circumstances are so extraordinary that it is imperative to 6
immediately suspend the permit to prevent or control-- 7
(i) an adverse economic, environmental or social impact in the 8
State or a part of the State; or 9
(ii) a danger to the public. 10
(2) The notice must state the following-- 11
(a) that the permit is suspended; 12
(b) the grounds for the suspension; 13
(c) the facts and circumstances that are the basis for the grounds; 14
(d) the suspension period; 15
(e) that the holder may make, within a stated period, written 16
representations to show why the permit should not be suspended. 17
(3) The stated period must end at least 28 days after the holder is given 18
the notice. 19
(4) The suspension-- 20
(a) may be for the period the chief executive decides; and 21
(b) has effect immediately the notice is given. 22
(5) Subject to section 68(4), the permit is ineffective during the period of 23
suspension. 24
68 Direction to rectify 25
(1) This section applies if, after considering a declared pest permit 26
holder's representations made under section 66(1)(e) or 67(2)(e), the chief 27
executive-- 28
(a) still believes a ground exists to suspend or cancel the permit; but 29
s 69 46 s 70
Land Protection (Pest and Stock Route Management)
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(b) considers a matter relating to the ground for suspension or 1
cancellation is capable of being rectified and it is appropriate to 2
give the holder an opportunity to rectify the matter. 3
(2) The chief executive may, by written notice (a "rectification notice") 4
given to the holder, direct the holder to rectify the matter within the period 5
(the "rectification period") stated in the notice. 6
(3) The rectification period must be reasonable, having regard to the 7
nature of the matter to be rectified. 8
(4) If the holder was given a notice under section 67(1), the suspension is 9
stayed pending the holder's rectification of the matter in the rectification 10
period. 11
69 Failure to rectify 12
(1) This section applies if a declared pest permit holder fails to comply 13
with a direction to rectify a matter within the rectification period stated in a 14
rectification notice. 15
(2) The chief executive may-- 16
(a) if the proposed action was to suspend the permit for a stated 17
period--suspend the permit for no longer than the proposed 18
suspension period; or 19
(b) if the proposed action was to cancel the permit--cancel the 20
permit or suspend it for a period. 21
(3) If the permit was suspended under section 67(1), the suspension 22
continues for the period of the suspension. 23
70 Notice and effect of suspension or cancellation 24
(1) If the chief executive suspends or cancels a declared pest permit 25
under section 66(3) or 69(2), written notice and particulars of the 26
suspension or cancellation must be given to the permit holder. 27
(2) The notice must be accompanied by, or include, an information 28
notice about the decision. 29
(3) If the chief executive suspends the permit, it is ineffective during the 30
period of suspension. 31
(4) The suspension-- 32
s 71 47 s 72
Land Protection (Pest and Stock Route Management)
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(a) may be for the period the chief executive decides; and 1
(b) has effect from-- 2
(i) the day the notice is given; or 3
(ii) if a later day is stated in the notice--the later day. 4
(5) However, if the permit is suspended or cancelled because of the 5
holder's conviction for an offence, the suspension or cancellation-- 6
(a) does not take effect until the end of the time to appeal against the 7
conviction or, if an appeal is made against the conviction, the 8
appeal is finally decided; and 9
(b) has no effect if the conviction is quashed on appeal. 10
71 Return of suspended or cancelled permit 11
(1) If a declared pest permit is suspended or cancelled, the holder of the 12
permit must return it to the chief executive within 7 days after the 13
suspension or cancellation takes effect, unless the person has a reasonable 14
excuse. 15
Maximum penalty--10 penalty units. 16
(2) If a suspended permit is returned to the chief executive, the chief 17
executive must return the permit to the holder at the end of the suspension 18
period. 19
Division 3--Disposing of declared pests when permit is cancelled 20
72 Direction to dispose of declared pest 21
(1) This section applies if-- 22
(a) the chief executive cancels a declared pest permit; and 23
(b) the holder of the permit is in possession of a declared pest to 24
which the permit relates. 25
(2) The chief executive may, by written notice given to the holder, direct 26
the holder to dispose of the pest in the way and by the reasonable date 27
stated in the notice. 28
s 73 48 s 75
Land Protection (Pest and Stock Route Management)
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(3) The holder must comply with the notice unless the holder has a 1
reasonable excuse. 2
Maximum penalty--50 penalty units. 3
(4) Compensation is not payable for the disposal. 4
Division 4--Replacement and surrender of permits 5
73 Replacing permit 6
(1) The holder of a declared pest permit that has been lost, damaged or 7
destroyed may ask the chief executive for a replacement permit. 8
(2) The chief executive may replace the permit if satisfied it has been 9
lost, damaged or destroyed. 10
74 Surrendering permit 11
(1) The holder of a declared pest permit may surrender it by written 12
notice given to the chief executive. 13
(2) The surrender takes effect on the day the notice is given to the chief 14
executive or, if a later day of effect is stated in the notice, the later day. 15
(3) The permit must accompany the notice. 16
Division 5--Register of permits 17
75 Register 18
(1) The chief executive must keep a register of declared pest permits. 19
(2) The register must contain each of the following particulars about 20
each permit-- 21
(a) the holder's name and address; 22
(b) the species of declared pest to which it relates; 23
(c) the number of declared pests allowed to be kept under it and the 24
address where the pests are kept; 25
(d) its conditions; 26
s 76 49 s 77
Land Protection (Pest and Stock Route Management)
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(e) the date it ends; 1
(f) if it is renewed-- 2
(i) the date, and the conditions, of renewal; and 3
(ii) the date the renewed permit ends; 4
(g) other information prescribed under a regulation. 5
Division 6--Offence about declared pest permits 6
76 Noncompliance with permit conditions 7
The holder of a declared pest permit must not, without reasonable 8
excuse, contravene a condition of the permit. 9
Maximum penalty-- 10
(a) for a class 1 pest--800 penalty units; or 11
(b) for a class 2 pest--400 penalty units; or 12
(c) for a class 3 pest--200 penalty units. 13
PART 8--PEST CONTROL FOR LAND 14
Division 1--Obligation to keep land free of pests 15
77 Obligation of land owners 16
(1) A land owner must take reasonable steps to keep the following land 17
free of class 1 and class 2 pests, unless the owner holds a declared pest 18
permit allowing the pests to be kept on the land-- 19
(a) the owner's land; 20
(b) unfenced land comprising part of a road or stock route that 21
adjoins or is within the owner's land; 22
(c) other land that is fenced in with the owner's land; 23
(d) the bed, banks and water of a watercourse on the owner's land; 24
s 78 50 s 78
Land Protection (Pest and Stock Route Management)
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(e) the bed, banks and water to the centre-line of a watercourse 1
forming a boundary, or part of a boundary, of the owner's land. 2
(2) For this part, land mentioned in subsection (1)(b) to (e) is taken to 3
form part of the owner's land. 4
Division 2--Controlling pests 5
78 Pest control notice 6
(1) This section applies if-- 7
(a) a land owner does not comply with the owner's obligation under 8
section 77; or 9
(b) the issuing entity reasonably believes a class 3 pest on the 10
owner's land is causing, or has the potential to cause, an adverse 11
economic, environmental or social impact on-- 12
(i) the owner's land that is, or is in or adjacent to, an 13
environmentally significant area; or 14
(ii) an environmentally significant area adjacent to the owner's 15
land. 16
(2) The issuing entity may give the owner a written notice (a "pest 17
control notice") stating each of the following-- 18
(a) the land and the declared pest to which the notice relates; 19
(b) if the notice relates to land that is, or is in or adjacent to, an 20
environmentally significant area--the type of environmentally 21
significant area; 22
(c) the reasonable action the owner must take against the pest within 23
a stated reasonable period (the "compliance period"); 24
(d) the owner may, within 14 days after receiving the notice, ask the 25
issuing entity-- 26
(i) to extend the compliance period under section 79; or 27
(ii) to change the required action stated in the notice; 28
(e) an authorised person may, to ensure or monitor compliance with 29
the notice and without further notice, enter the land at any 30
s 78 51 s 78
Land Protection (Pest and Stock Route Management)
Bill 2001
reasonable time and exercise an authorised person's powers 1
under chapter 7, part 3. 2
(3) Also, the notice may require the owner to take, within the 3
compliance period, stated reasonable action against an animal or plant that 4
is not a declared pest if-- 5
(a) the land for which the notice is given is, or is in or adjacent to, an 6
environmentally significant area; and 7
(b) the issuing entity is satisfied the animal or plant-- 8
(i) is threatening, or is likely to threaten, the survival of native 9
wildlife in the area; or 10
(ii) is affecting, or is likely to affect, the area's capacity to 11
sustain natural processes. 12
(4) If it is not reasonably practicable for the issuing entity to give the 13
owner a pest control notice, the issuing entity may give the notice by 14
publishing it in a newspaper circulating generally in the area in which the 15
land is situated. 16
(5) The notice must be accompanied by, or include, an information 17
notice about the entity's decision to give the notice. 18
(6) The owner must comply with the pest control notice unless the owner 19
has a reasonable excuse. 20
Maximum penalty--800 penalty units. 21
(7) In this section-- 22
"environmentally significant area" means any of the following-- 23
(a) a protected area; 24
(b) land dedicated as a reserve for environmental purposes under the 25
Land Act, section 31; 26
(c) a world heritage area listed under the World Heritage 27
Convention; 28
s 79 52 s 79
Land Protection (Pest and Stock Route Management)
Bill 2001
(d) an area supporting a critically endangered or endangered 1
ecological community in the list established under the 2
Environment Protection and Biodiversity Conservation Act 1999 3
(Cwlth), section 181;3 4
(e) a declared Ramsar wetland under the Environment Protection 5
and Biodiversity Conservation Act 1999 (Cwlth); 6
(f) an area of high nature conservation value under the Vegetation 7
Management Act 1999; 8
(g) an area, other than State-controlled land, identified in a local 9
government's pest management plan as an area that has special 10
environmental significance for native wildlife. 11
"owner" does not include the State. 12
79 Extending compliance period 13
(1) A person who is given a pest control notice may, within 14 days after 14
receiving the notice, ask the issuing entity to extend the compliance period. 15
(2) The person must inform the issuing entity of the reasons why the 16
period should be extended. 17
(3) After considering the request, the entity must, by written notice given 18
to the person-- 19
(a) extend the period to a date stated in the notice if the entity is 20
satisfied-- 21
(i) it is not reasonably practicable for the person to comply 22
with the notice in the period; and 23
(ii) it is reasonable in the circumstances to extend it; or 24
(b) refuse to extend the period. 25
(4) If the entity decides to refuse to extend the period, the entity must 26
give the person an information notice about the decision. 27
3 Environment Protection and Biodiversity Act 1999 (Cwlth), section 181 (Listing of
threatened ecological communities)
s 80 53 s 81
Land Protection (Pest and Stock Route Management)
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80 Noncompliance with pest control notice 1
(1) If a land owner does not comply with a pest control notice, the 2
issuing entity for the notice may give the owner a written notice (an "entry 3
notice") stating-- 4
(a) the issuing entity has authorised a pest controller to-- 5
(i) at a reasonable time, enter the owner's land on a date stated 6
in the notice, at least 7 days after the owner receives the 7
notice, or as soon as practicable after the stated date; and 8
(ii) take stated reasonable action against the pest; and 9
(iii) take onto the land the persons, equipment and materials the 10
pest controller reasonably requires to take the action; and 11
(b) the owner will be liable, or if there are 2 or more owners, each 12
owner will be liable jointly and severally, for-- 13
(i) the amount of the costs incurred in taking, or attempting to 14
take, the action; and 15
(ii) if the owner does not pay the amount when it is 16
payable--interest on the overdue amount at the rate, and 17
calculated in the way, prescribed under a regulation. 18
19
Examples of why it may not be practicable to enter on the stated date for
20
subsection (1)(a)(i)--
21
1. Weather conditions.
22
2. Availability of persons or equipment.
(2) The issuing entity may give the land owner a further entry notice if 23
the entity reasonably believes it is necessary for a pest controller to enter 24
the land to check the effectiveness of action taken under an entry notice or 25
take further action. 26
81 Entry to land by pest controller 27
(1) The issuing entity may authorise a pest controller to-- 28
(a) at a reasonable time, enter the owner's land on the date stated in 29
an entry notice or as soon as practicable after the stated date; and 30
(b) take the action stated in the notice; and 31
(c) take onto the land the persons, equipment and materials the pest 32
controller reasonably requires to take the action. 33
s 82 54 s 83
Land Protection (Pest and Stock Route Management)
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(2) The pest controller may-- 1
(a) at a reasonable time, enter the land on the date stated in the entry 2
notice or as soon as practicable after the date; and 3
(b) take the stated action; and 4
(c) take onto the land the persons, equipment and materials the pest 5
controller reasonably requires to take the action. 6
(3) A person must not obstruct the pest controller exercising a power 7
under this section unless the person has a reasonable excuse. 8
Maximum penalty--40 penalty units. 9
82 Duration of entry notice 10
(1) An entry notice remains in force until whichever of the following 11
events first happens-- 12
(a) the period, of no more than 2 months, stated in the notice ends; 13
(b) the pest controller takes the action stated in the notice; 14
(c) the notice is cancelled by the issuing entity. 15
(2) While the notice is in force, it is binding on a successor in title to the 16
owner's land. 17
Division 3--Recovering costs 18
83 Amounts payable by land owner 19
(1) This section applies to a land owner who does not comply with a pest 20
control notice. 21
(2) The land owner is liable to pay to the issuing entity for the notice the 22
amount of the entity's costs incurred in taking, or attempting to take, the 23
action stated in the entry notice relating to the pest control notice. 24
(3) If there are 2 or more owners for the land, each owner is liable jointly 25
and severally. 26
(4) If the owner does not pay the amount when it is payable, interest is 27
payable on the overdue amount at the rate, and calculated in the way, 28
prescribed under a regulation. 29
s 84 55 s 86
Land Protection (Pest and Stock Route Management)
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84 Unpaid amounts are a charge on land 1
(1) This section applies if a land owner does not pay to an issuing entity 2
an amount payable under section 83. 3
(2) If the entity is a local government, the unpaid amount is a charge on 4
the land as if it were an unpaid amount under the Local Government Act 5
1993, section 1068.4 6
(3) If the entity is the chief executive or a pest operational board, the 7
unpaid amount is a charge on the land under this section. 8
(4) If the land in relation to which the unpaid amount was incurred is 9
part only of a parcel of land owned by the owner, the amount is a charge on 10
the parcel of land. 11
(5) This section is in addition to any other remedy the entity has for 12
recovery of the unpaid amount. 13
85 Registering charge on land under this Act 14
(1) This section applies only to a charge on land under section 84(3). 15
(2) The issuing entity may ask the person responsible for registering title 16
to the land and dealings affecting the land to register the charge. 17
(3) The request must be accompanied by a certificate signed by the 18
issuing entity stating there is a charge on the land under the section. 19
(4) Immediately after the amount secured by the charge is paid to the 20
issuing entity-- 21
(a) the charge ceases to have effect; and 22
(b) the issuing entity must take the action necessary to release the 23
charge. 24
Division 4--Register of notices 25
86 Issuing entity's register 26
(1) An issuing entity must keep a register of pest control and entry 27
notices issued by the entity. 28
4 Local Government Act 1993, section 1068 (Cost of work a charge over land)
s 87 56 s 87
Land Protection (Pest and Stock Route Management)
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(2) The register must contain the following particulars for each pest 1
control and entry notice-- 2
(a) the property description of the land to which the notice relates; 3
(b) the local government area in which the land is situated; 4
(c) the land owner's name; 5
(d) the date the notice was issued; 6
(e) the declared pest to which the notice relates; 7
(f) the required action stated in the notice to be taken against the 8
pest; 9
(g) the compliance period; 10
(h) other information prescribed under a regulation. 11
(3) A person may, on payment of the fee prescribed under a regulation, 12
inspect the register at the issuing entity's principal place of business when 13
the place is open to the public.5 14
PART 9--EMERGENCY CONTROL OF DECLARED 15
PESTS 16
Division 1--Emergency control of declared pests by pest controllers 17
87 Application of div 1 18
This division applies if the chief executive reasonably believes-- 19
(a) a declared pest is present in an area; and 20
(b) urgent action is needed to prevent the pest from causing a 21
significant economic, environmental or social impact in the area 22
or the State. 23
5 The chief executive's principal place of business is at level 4, Landcentre,
371 Vulture Street, Woolloongabba.
The principal place of business for the chief executive officer of a local government
is at the local government's public office.
s 88 57 s 89
Land Protection (Pest and Stock Route Management)
Bill 2001
1
Example of `urgent action'--
2
Aerial spraying a swarm of locusts or spraying juvenile locusts on the ground.
88 Pest controller's authorisation to enter land 3
(1) The chief executive may, by written notice given to a pest controller, 4
authorise the pest controller to enter land in the area at any reasonable time 5
and take reasonable action to eradicate the declared pest from, or monitor 6
or control the pest on, the land. 7
(2) However, the pest controller may exercise a power under 8
subsection (1) without the owner's consent only if the chief executive has 9
given the owner reasonable notice of the proposed exercise of the power by 10
publishing the notice-- 11
(a) in a newspaper circulating generally in the area; or 12
(b) by a radio or television broadcast. 13
(3) Before exercising a power under subsection (1), the pest controller 14
must make a reasonable attempt to obtain the consent of the land owner. 15
(4) As soon as practicable after exercising a power under subsection (1) 16
without the owner's consent, the pest controller must give the owner 17
written notice stating the action taken in exercising the power. 18
(5) If the power is exercised in relation to a number of properties and it is 19
not reasonably practicable for the pest controller to give each owner an 20
individual notice, the chief executive may give the notice by publishing it 21
in a newspaper circulating generally in the area. 22
Division 2--Emergency quarantine notices 23
89 Application of div 2 24
This division applies if the chief executive or chief executive officer of a 25
local government reasonably believes-- 26
(a) a class 1 or class 2 pest is present in an area; and 27
(b) urgent action is needed to prevent the pest from causing a 28
significant economic, environmental or social impact in the area 29
or the State. 30
s 90 58 s 90
Land Protection (Pest and Stock Route Management)
Bill 2001
90 Emergency quarantine notice 1
(1) The chief executive or the chief executive officer of the local 2
government for the area may give written notice (an "emergency 3
quarantine notice") to a land owner in the area. 4
(2) The notice must state the following-- 5
(a) it is an emergency quarantine notice; 6
(b) details of the land to which it relates; 7
(c) the nature of the emergency; 8
(d) an authorised person may, to ensure or monitor compliance with 9
the notice and without further notice, enter the land at any 10
reasonable time and exercise an authorised person's powers 11
under chapter 7, part 3. 12
(3) The notice may require the owner to take reasonable action to 13
manage, control or eradicate a class 1 or class 2 pest on the owner's land. 14
(4) Without limiting subsection (3), the notice may-- 15
(a) regulate the taking or removal of fodder, grain, gravel, soil, stock, 16
machinery, vehicles or any other thing onto or from the land; or 17
(b) regulate what a person may, or may not, do on the land; or 18
(c) regulate how anything infected with or containing the pest must 19
be treated or dealt with when found by an authorised person or 20
anyone else; or 21
(d) require the owner to destroy anything infected with or 22
containing, or suspected of being infected with or containing, the 23
pest; or 24
(e) require the owner to test or treat anything on the land. 25
(5) The notice must state the powers of an authorised person for this 26
section. 27
(6) In addition to an authorised person's powers under chapter 7, part 3, 28
an authorised person may give reasonable directions to ensure the proper 29
management, control or eradication of the pest on the land. 30
(7) The chief executive or local government must cancel the notice as 31
soon as possible after the chief executive or chief executive officer of the 32
local government is satisfied the emergency no longer exists. 33
s 91 59 s 93
Land Protection (Pest and Stock Route Management)
Bill 2001
(8) Unless it is sooner repealed, the notice expires 3 months after it is 1
given to the owner. 2
(9) In this section-- 3
"regulate" includes prohibit. 4
91 Directing authorised persons to take action under emergency 5
quarantine notice 6
(1) This section applies if the chief executive or chief executive officer 7
of the local government reasonably believes a person has not taken the 8
action the person is required to take under the emergency quarantine 9
notice. 10
(2) The chief executive or chief executive officer may direct an 11
authorised person to take the action. 12
(3) The authorised person must take the action. 13
Division 3--Offences about emergency control of declared pests 14
92 Contravening emergency quarantine notice 15
A person must comply with an emergency quarantine notice unless the 16
person has a reasonable excuse. 17
Maximum penalty-- 18
(a) for a class 1 pest--800 penalty units; or 19
(b) for a class 2 pest--400 penalty units. 20
93 Contravening authorised person's direction 21
A person must comply with a reasonable direction given by an 22
authorised person under an emergency quarantine notice unless the person 23
has a reasonable excuse. 24
Maximum penalty-- 25
(a) for a class 1 pest--800 penalty units; or 26
(b) for a class 2 pest--400 penalty units. 27
s 94 60 s 96
Land Protection (Pest and Stock Route Management)
Bill 2001
PART 10--CONTROL OF DOGS 1
94 Definitions for pt 10 2
In this part-- 3
"owner", of land, includes a person in charge of stock on the land. 4
"urban district" means a part of the State constituted as an urban district 5
under the Fire and Rescue Service Act 1990, section 106. 6
95 Destruction of particular dogs 7
(1) This section applies if an owner of land that is not in an urban 8
district, or an authorised person, reasonably believes a dog on the land-- 9
(a) is not under someone's control; and 10
(b) is attacking, or is about to attack, stock on the land. 11
(2) The authorised person or owner may destroy the dog. 12
(3) Compensation is not payable for the destruction. 13
96 Maps to be available for inspection 14
The chief executive officer of a local government must keep a copy of 15
maps showing the urban districts in the local government's area available 16
for inspection, free of charge, by members of the public at the local 17
government's public office. 18
s 97 61 s 97
Land Protection (Pest and Stock Route Management)
Bill 2001
CHAPTER 3--STOCK ROUTE NETWORK 1
MANAGEMENT 2
PART 1--PRINCIPLES OF STOCK ROUTE NETWORK 3
MANAGEMENT 4
97 Principles 5
The principles of stock route network management are as follows-- 6
· Public awareness 7
Public awareness and knowledge of the network's multiple uses, 8
environmental values and cultural values must be raised to 9
increase the capacity and willingness of individuals to protect the 10
network. 11
· Commitment 12
Effective management of the stock route network requires a 13
long-term commitment by the community to management of the 14
network. 15
· Consultation and partnership 16
Consultation and partnership arrangements between local 17
communities, industry groups, State government agencies and 18
local governments must be established to achieve a collaborative 19
approach to stock route network management. 20
· Management 21
The stock route network must be managed-- 22
(a) to ensure it remains available for public use; and 23
(b) to maintain and improve the network's natural resources and 24
travelling stock facilities for use by travelling stock and for 25
other purposes. 26
· Payment for use 27
A person who benefits from using the network must pay a 28
reasonable amount for its use. 29
s 98 62 s 98
Land Protection (Pest and Stock Route Management)
Bill 2001
· Planning 1
Stock route network management must be consistent at local, 2
regional and State levels to ensure resources for managing the 3
network are used to target management priorities. 4
· Monitoring and evaluation 5
Regular monitoring and evaluation of the network's natural 6
resources and travelling stock facilities is necessary to improve 7
stock route network management practices. 8
PART 2--STATE STOCK ROUTE NETWORK 9
MANAGEMENT STRATEGY 10
98 State stock route network management strategy 11
(1) The chief executive must, as soon as practicable after the 12
commencement of this part, have a State stock route network management 13
strategy to direct and coordinate management of the network. 14
(2) The strategy may include provision for the following-- 15
(a) recognising the network's multiple uses with the main use being 16
for travelling stock; 17
(b) preserving land corridor connections to ensure the integrity and 18
viability of the network; 19
(c) managing natural resources on the network in a sustainable way; 20
(d) maintaining and improving travelling stock facilities on the 21
network; 22
(e) resolving competing and conflicting interests in relation to the 23
network's use; 24
(f) seeking community input into the network's management. 25
26
Examples of `uses' for subsection (2)(a)--
27
1. Public infrastructure and utilities, including roads, pipelines and
28
telecommunication facilities.
29
2. Recreation, tourism or cultural use.
s 99 63 s 103
Land Protection (Pest and Stock Route Management)
Bill 2001
1
3. Other non-pastoral industries, including bee keeping, forestry, fossicking, mineral
2
exploration and quarrying.
99 Preparing strategy 3
In preparing a State stock route network management strategy, the chief 4
executive must have regard to the principles of stock route network 5
management. 6
100 Duration of strategy 7
(1) A State stock route network management strategy has effect for the 8
period, of no more than 5 years, stated in it. 9
(2) However, if the chief executive renews the strategy before the end of 10
the stated period, the strategy ceases to have effect immediately before the 11
renewed strategy commences. 12
101 Implementing strategy 13
The chief executive must, as far as practicable, implement the State stock 14
route network management strategy. 15
102 Reviewing and renewing strategy 16
(1) The chief executive may review, or renew, a State stock route 17
network management strategy when the chief executive considers it 18
appropriate. 19
(2) However, the chief executive must review the effectiveness of the 20
strategy at least 6 months before it ceases to have effect. 21
103 Strategy to be available for inspection 22
(1) The chief executive must keep a copy of the State stock route 23
network management strategy available for inspection, free of charge, by 24
members of the public at-- 25
(a) the department's head office; and 26
(b) other places the chief executive considers appropriate. 27
(2) The strategy may be made available in written or electronic form. 28
s 104 64 s 106
Land Protection (Pest and Stock Route Management)
Bill 2001
PART 3--STOCK ROUTE NETWORK MANAGEMENT 1
PLANS 2
104 Application of pt 3 3
This part applies only to a local government prescribed under a 4
regulation for this section. 5
105 Local governments to have stock route network management plan 6
(1) A local government must, within 1 year after this part commences, 7
have a stock route network management plan for managing stock routes in 8
its area. 9
(2) The plan may include provision for the following-- 10
(a) identifying the part of the stock route network in the local 11
government's area; 12
(b) achievable objectives under the plan; 13
(c) strategies, activities and responsibilities for achieving the 14
objectives; 15
(d) strategies to inform the local community about the content of the 16
plan and achievement of the plan's objectives; 17
(e) monitoring implementation of the plan and evaluating its 18
effectiveness; 19
(f) other matters the local government considers appropriate for 20
management of the stock route network in its area. 21
106 Preparing draft plan 22
(1) The local government must establish a working group to advise the 23
local government about preparing its draft stock route network 24
management plan. 25
(2) The working group may include a representative of each of the 26
following government entities the local government considers 27
appropriate-- 28
(a) the department; 29
s 107 65 s 107
Land Protection (Pest and Stock Route Management)
Bill 2001
(b) the department in which the Stock Act 1915 is administered; 1
(c) the department in which the Nature Conservation Act 1992 is 2
administered; 3
(d) the department responsible for managing State-controlled roads. 4
(3) If asked by the local government, the entity must nominate an 5
individual as its representative on the working group. 6
(4) In preparing the plan, the local government must have regard to the 7
following-- 8
(a) the State stock route network management strategy; 9
(b) the principles of stock route network management; 10
(c) the maintenance of travelling stock facilities and pasture for the 11
needs of travelling stock on the stock route network; 12
(d) the environmental and cultural values, and multiple uses, of the 13
stock route network in the local government's area; 14
(e) whether the stock route network, or part of the network, in the 15
area needs management for controlled burning or grazing, 16
declared pest treatment, erosion rehabilitation or pasture 17
regeneration; 18
(f) how the stock route network's integrity can be maintained so the 19
network is not fragmented; 20
(g) how the impact of other uses of the stock route network may 21
affect its use for travelling stock; 22
(h) the interests of the local community in its area, including, for 23
example, the interests of land-holders, Aboriginal communities, 24
industry groups and members of the public. 25
107 Requirements of plan 26
The local government's stock route network management plan must be 27
consistent with-- 28
(a) the principles of stock route network management; and 29
(b) the State stock route network management strategy. 30
s 108 66 s 109
Land Protection (Pest and Stock Route Management)
Bill 2001
108 Notice of draft plan and consideration of public submissions 1
(1) The local government must give public notice when its draft stock 2
route network management plan has been prepared. 3
(2) The notice must-- 4
(a) be published in a newspaper circulating generally in the local 5
government's area; and 6
(b) state the draft plan is available to be inspected, free of charge, at 7
the local government's public office; and 8
(c) invite the public to inspect the draft plan and make written 9
submissions about it to the local government within 28 days after 10
the notice is published (the "submission period"). 11
(3) The local government must-- 12
(a) make the draft plan available for public inspection in written 13
form, free of charge, in the submission period; and 14
(b) consider any written submissions properly made to it. 15
109 Minister to consider draft plan 16
(1) The local government must give its draft stock route network 17
management plan to the Minister-- 18
(a) within 60 days after the submission period ends; and 19
(b) at least 3 months before the local government's existing stock 20
route network management plan, if any, expires. 21
(2) The Minister must consider whether the plan-- 22
(a) complies with section 107; and 23
(b) provides for the management of the stock route network in the 24
local government's area. 25
(3) If the Minister is not satisfied of the matters mentioned in 26
subsection (2), the Minister must advise the local government about how 27
the plan may be amended. 28
s 110 67 s 114
Land Protection (Pest and Stock Route Management)
Bill 2001
110 Adopting plan 1
If the Minister is satisfied of the matters mentioned in section 109(2), the 2
Minister must advise the local government that it may, by resolution, adopt 3
the plan. 4
111 Duration of plan 5
(1) A local government's stock route network management plan has 6
effect for the period, of no more than 4 years, stated in it. 7
(2) However, if the local government renews the plan before the end of 8
the stated period, the plan ceases to have effect immediately before the 9
renewed plan commences. 10
112 Implementing plan 11
A local government must, as far as practicable, implement its stock route 12
network management plan. 13
113 Reviewing and renewing plan 14
(1) The local government may review, or renew, its stock route network 15
management plan when the chief executive officer of the local government 16
considers it appropriate. 17
(2) However, the local government must review the effectiveness of its 18
stock route network management plan at least 3 months before the start of 19
each financial year. 20
(3) Also, if the State stock route network management strategy is 21
amended, the local government must review its stock route network 22
management plan and, if necessary, amend the plan to ensure it is 23
consistent with the amended strategy. 24
114 Amending plan 25
(1) This section applies if a local government decides to amend its stock 26
route network management plan. 27
(2) The local government must give a copy of the amended plan to the 28
Minister. 29
s 115 68 s 116
Land Protection (Pest and Stock Route Management)
Bill 2001
(3) The Minister must consider whether the amended plan-- 1
(a) complies with section 107; and 2
(b) provides for the management of the stock route network in the 3
local government's area. 4
(4) After considering the amended plan, the Minister must advise the 5
local government-- 6
(a) if the Minister is not satisfied of the matters mentioned in 7
subsection (3)--about how the plan may be amended; or 8
(b) otherwise--that the local government may, by resolution, adopt 9
the amended plan. 10
115 Plan to be available for inspection 11
(1) Each local government must keep a copy of its stock route network 12
management plan available for inspection, free of charge, by members of 13
the public at the local government's public office. 14
(2) The plan may be made available in written or electronic form. 15
PART 4--STOCK ROUTE AGISTMENT PERMITS 16
Division 1--Obtaining permits 17
116 Application for permit 18
(1) A person may apply to a local government (the "issuing entity") for 19
a stock route agistment permit for relevant land6 in the local government's 20
area. 21
(2) However, a person may apply only if-- 22
(a) the person is a land owner and the owner's land is adversely 23
affected by drought, fire or flood; or 24
6 See the definition of "relevant land" in schedule 3 (Dictionary).
s 117 69 s 117
Land Protection (Pest and Stock Route Management)
Bill 2001
(b) the person is travelling stock under a stock route travel permit 1
and the stock require agistment for-- 2
(i) branding, crutching, dipping, drenching, jetting, shearing or 3
trucking; or 4
(ii) spelling to comply with the owner's obligations under an 5
Act relating to the care or protection of the stock; or 6
(c) if-- 7
(i) the permit is for relevant land identified in the issuing 8
entity's stock route network management plan as land 9
containing more pasture than is needed for the use of 10
travelling stock; and 11
(ii) the entity has given notice that a person may apply for a 12
permit for the land. 13
(3) A notice mentioned in subsection (2)(c) must-- 14
(a) be published in a newspaper circulating generally in the area in 15
which the land is situated; and 16
(b) identify the land; and 17
(c) invite persons to apply for a permit within 7 days after the notice 18
is given. 19
(4) An application may be in written or electronic form or may be made 20
orally. 21
(5) If the permit is issued, the applicant must pay to the issuing entity the 22
permit fee prescribed under a regulation. 23
117 Additional information for application 24
(1) The issuing entity may, by written notice, ask the applicant to give 25
the entity further reasonable information or documents about the 26
application by the reasonable date stated in the notice. 27
(2) The issuing entity may refuse the application if the applicant does not 28
give the entity the information or documents by the stated day, without 29
reasonable excuse. 30
s 118 70 s 118
Land Protection (Pest and Stock Route Management)
Bill 2001
118 Deciding application 1
(1) The issuing entity must consider and decide whether to grant or 2
refuse the application. 3
(2) The issuing entity may grant the application only if-- 4
(a) the use of the land for agistment is consistent with the entity's 5
stock route network management plan; and 6
(b) the issuing entity is satisfied-- 7
(i) the applicant has not held a stock route agistment permit for 8
the land in the 3 months immediately before the date of the 9
application; and 10
(ii) there is enough pasture and water available on the land for 11
the agistment and the use of travelling stock; and 12
(iii) the land is not subject to a lease or permit under the Land 13
Act; and 14
(iv) the stock's agistment is not likely to-- 15
(A) introduce a declared pest onto land in the entity's area; 16
or 17
(B) spread a declared pest on the land; or 18
(C) degrade the land; or 19
(D) adversely affect road safety; and 20
(v) the stock to be agisted are not affected by a notifiable 21
disease. 22
(3) Also, if the land is a State-controlled road, the issuing entity may 23
grant the application only if the use of the land for agistment is approved, 24
with or without conditions, by the chief executive of the department 25
responsible for managing State-controlled roads. 26
(4) A condition of an approval mentioned in subsection (3) may only be 27
about-- 28
(a) protecting road transport infrastructure under the Transport 29
Infrastructure Act 1994; or 30
(b) road safety. 31
s 119 71 s 121
Land Protection (Pest and Stock Route Management)
Bill 2001
119 Issuing permit 1
(1) If the issuing entity decides to grant the application, the entity must 2
give the applicant-- 3
(a) the stock route agistment permit in the approved form; and 4
(b) if the issuing entity decides to impose conditions on the 5
permit--a review notice about the decision. 6
(2) The permit takes effect from-- 7
(a) the day of its issue; or 8
(b) if a later day is stated in it--the later day. 9
(3) The issuing entity must give the chief executive a copy of each 10
permit it issues. 11
120 Duration of permit 12
Subject to section 122(3), a stock route agistment permit remains in 13
force, unless it is sooner cancelled, for the term (the "agistment period"), 14
of no more than the following number of days, stated in it-- 15
(a) if the permit is issued for a purpose mentioned in 16
section 116(2)(b)--7 days; 17
(b) otherwise--28 days. 18
121 Refusing application 19
If the issuing entity decides to refuse the application, the entity must 20
immediately-- 21
(a) give the applicant a review notice about the decision; and 22
(b) refund the permit fee, if any, paid by the applicant. 23
s 122 72 s 124
Land Protection (Pest and Stock Route Management)
Bill 2001
Division 2--Renewing permits 1
122 Application for renewal 2
(1) The holder of a stock route agistment permit, other than a permit 3
issued for a purpose mentioned in section 116(2)(b), may apply to the 4
issuing entity to renew the permit. 5
(2) The application-- 6
(a) must be made before the permit expires; and 7
(b) may be in written or electronic form or may be made orally. 8
(3) The permit remains in force until the applicant has been notified of 9
the issuing entity's decision on the application. 10
(4) If the permit is renewed, the applicant must pay to the issuing entity 11
the permit fee prescribed under a regulation. 12
123 Deciding application 13
(1) The issuing entity must consider and decide whether to grant or 14
refuse the application. 15
(2) However, the issuing entity may renew a permit once only for not 16
more than 28 days if satisfied there is enough pasture and water available 17
on the land for the continued agistment and the use of travelling stock. 18
124 Issuing renewed permit 19
(1) If the issuing entity decides to grant the application, the entity must 20
give the applicant-- 21
(a) a stock route agistment permit in the approved form; and 22
(b) if the issuing entity decides to impose conditions on the 23
permit--a review notice about the decision. 24
(2) The renewal takes effect from the day stated in the renewed permit. 25
(3) The issuing entity must give the chief executive a copy of the 26
renewed permit. 27
s 125 73 s 127
Land Protection (Pest and Stock Route Management)
Bill 2001
125 Refusing application 1
If the issuing entity decides to refuse the application, the entity must 2
immediately-- 3
(a) give the applicant a review notice about the decision; and 4
(b) refund the permit fee, if any, paid by the applicant. 5
Division 3--Conditions of permits 6
126 Conditions that may and must be imposed 7
(1) An issuing entity may impose on a stock route agistment permit the 8
reasonable conditions it decides. 9
(2) Without limiting subsection (1), a condition may be about the 10
following-- 11
(a) keeping stock enclosed, supervised or off formed road surfaces; 12
(b) erecting signs to show stock are grazing on road verges; 13
(c) requiring the applicant to have public liability insurance the 14
entity considers is reasonable having regard to the nature of the 15
activity conducted under the permit. 16
(3) If the permit is for land that is a State-controlled road, an issuing 17
entity must impose on the permit the conditions of an approval for the land 18
mentioned in section 118(3). 19
127 Amending conditions 20
(1) The holder of a stock route agistment permit may ask the issuing 21
entity to amend the permit conditions. 22
(2) The request must be written and state-- 23
(a) the proposed amendment; and 24
(b) the reasons for it. 25
(3) The issuing entity must consider and decide whether to grant or 26
refuse the application. 27
(4) If the issuing entity decides to amend the conditions as requested, the 28
entity must give the holder written notice of the amended conditions. 29
s 128 74 s 128
Land Protection (Pest and Stock Route Management)
Bill 2001
(5) If the issuing entity refuses to amend the conditions, the entity must 1
give the holder a review notice about the decision. 2
Division 4--Cancellation of permits 3
128 Cancellation--grounds and procedure 4
(1) The issuing entity may cancel a stock route agistment permit if 5
satisfied-- 6
(a) the permit was issued because of a materially false or misleading 7
representation or document, made either orally or in writing; or 8
(b) the permit holder has not complied with a condition of the 9
permit; or 10
(c) the relevant land under the permit can no longer provide enough 11
pasture or water for the continued agistment and the use of 12
travelling stock. 13
(2) If the issuing entity decides to cancel a stock route agistment permit, 14
the entity must-- 15
(a) give the permit holder a written notice stating the following-- 16
(i) that the permit is cancelled; 17
(ii) the grounds for the cancellation; 18
(iii) the facts and circumstances that are the basis for the 19
grounds; 20
(iv) that the permit holder may ask the chief executive to review 21
the decision; 22
(v) how to ask for a review; and 23
(b) refund to the holder the amount of the permit fee less the amount 24
that would have been payable for the term of the permit before it 25
was cancelled. 26
(3) The cancellation has effect immediately the notice is given. 27
s 129 75 s 129
Land Protection (Pest and Stock Route Management)
Bill 2001
Division 5--Reviewing decisions about permits 1
129 Review by chief executive 2
(1) This section applies if the chief executive is asked to review an 3
issuing entity's decision to-- 4
(a) refuse to issue a stock route agistment permit; or 5
(b) impose conditions on a stock route agistment permit; or 6
(c) refuse to amend conditions on a stock route agistment permit as 7
requested by the permit holder; or 8
(d) cancel a stock route agistment permit. 9
(2) The chief executive must, by written notice-- 10
(a) confirm the decision; or 11
(b) revoke the decision and direct the issuing entity-- 12
(i) for a decision mentioned in subsection (1)(a)--to issue the 13
permit subject to the reasonable conditions, if any, the chief 14
executive decides; or 15
(ii) for a decision mentioned in subsection (1)(b)--to remove 16
the conditions or amend them in the way decided by the 17
chief executive and stated in the notice; or 18
(iii) for a decision mentioned in subsection (1)(c)--to amend the 19
conditions in the way requested by the applicant or in the 20
way decided by the chief executive and stated in the notice; 21
or 22
(iv) for a decision mentioned in subsection (1)(d)--to re-issue 23
the permit subject to the reasonable conditions, if any, the 24
chief executive decides. 25
(3) The chief executive must, within 14 days after being asked to review 26
the decision, give to the permit holder and the issuing entity-- 27
(a) the notice; and 28
(b) if the chief executive decides to confirm the decision or change 29
the conditions other than in the way asked by the permit 30
holder--an information notice about the chief executive's 31
decision. 32
s 130 76 s 131
Land Protection (Pest and Stock Route Management)
Bill 2001
(4) The issuing entity must comply with the notice. 1
(5) A request to review a decision under this section does not stay the 2
operation of the decision. 3
Division 6--Replacing permits 4
130 Issuing replacement permits after change of conditions or review 5
of decision 6
(1) An issuing entity may, by written notice, require the holder of a stock 7
route agistment permit to return the permit to the entity, within a stated 8
reasonable period, for amendment under a decision made under 9
section 127(4) or 129(2)(b)(ii) to (iv). 10
(2) The holder must comply with the notice unless the holder has a 11
reasonable excuse. 12
Maximum penalty--50 penalty units. 13
(3) On receiving the permit, the issuing entity must issue a replacement 14
permit, incorporating the amendments, to the holder. 15
(4) The issuing entity must give the chief executive a copy of each 16
replacement permit it issues. 17
(5) The amendment of the permit does not depend on it being replaced 18
under this section. 19
PART 5--STOCK ROUTE TRAVEL PERMITS 20
Division 1--Preliminary 21
131 Application of pt 5 22
This part applies only to stock driven on foot on relevant land.7 23
7 See the definition of "relevant land" in schedule 3 (Dictionary).
s 132 77 s 134
Land Protection (Pest and Stock Route Management)
Bill 2001
132 Stock movements requiring a stock route travel permit 1
Subject to section 133, a person must not drive stock on foot on relevant 2
land in a local government's area unless a local government has issued a 3
permit (a "stock route travel permit") for the stock movement. 4
Maximum penalty--50 penalty units. 5
133 Stock movements not requiring a stock route travel permit 6
A person may drive stock on foot on relevant land in a local 7
government's area without a stock route travel permit if the stock are driven 8
on foot-- 9
(a) for not more than 1 day; and 10
(b) in clear daylight hours; and 11
(c) for animal husbandry or property management purposes; and 12
(d) between parcels of land having common ownership or worked as 13
a single unit.8 14
Division 2--Obtaining permits 15
134 Application for permit 16
(1) The owner of stock, or a person acting on the owner's behalf, may 17
apply to a local government (the "issuing entity") for a stock route travel 18
permit. 19
(2) The application may be in written or electronic form or may be made 20
orally. 21
(3) If the permit is issued, the applicant must pay to the issuing entity the 22
permit fee prescribed under a regulation. 23
8 See the Transport Infrastructure Act 1994, section 47, for requirements under that
Act about stock movements on State-controlled roads.
s 135 78 s 136
Land Protection (Pest and Stock Route Management)
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135 Additional information for application 1
(1) The issuing entity may, by written notice, ask the applicant to give 2
the entity further reasonable information or documents about the 3
application by the reasonable date stated in the notice. 4
(2) The issuing entity may refuse the application if the applicant does not 5
give the entity the information or documents by the stated day, without 6
reasonable excuse. 7
136 Deciding application 8
(1) The issuing entity must consider and decide whether to grant or 9
refuse the application. 10
(2) The issuing entity may grant the application only if satisfied-- 11
(a) the relevant land on which the stock are to travel contains enough 12
pasture and water for the stock; and 13
(b) the stocks' travel is not likely to spread-- 14
(i) a declared pest on land in the entity's area; or 15
(ii) a notifiable disease; and 16
(c) the stocks' rate of travel will be at least the rate stated for the 17
stock under the permit, having regard to the condition of the 18
stock; and 19
(d) the stocks' travel is not likely to have an adverse effect on road 20
safety. 21
(3) Also, if the application is for travelling stock on land in another local 22
government's area, the issuing entity may grant the application only if the 23
other local government has given the issuing entity written consent. 24
(4) In addition, if the relevant land is a State-controlled road, the issuing 25
entity may grant the application only if the use of the land to travel stock is 26
approved, with or without conditions, by the chief executive of the 27
department responsible for managing State-controlled roads. 28
(5) A condition of an approval mentioned in subsection (4) may only be 29
about-- 30
s 137 79 s 140
Land Protection (Pest and Stock Route Management)
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(a) protecting road transport infrastructure under the Transport 1
Infrastructure Act 1994; or 2
(b) road safety. 3
137 Issuing permit 4
(1) If the issuing entity decides to grant the application, the entity must 5
give the applicant-- 6
(a) the permit in the approved form; and 7
(b) if the entity decides to impose conditions on the permit--a 8
review notice about the decision. 9
(2) The permit takes effect from-- 10
(a) the day of its issue; or 11
(b) if a later day is stated in it--the later day. 12
(3) The issuing entity must give the chief executive a copy of each 13
permit it issues. 14
138 Duration of permit 15
A stock route travel permit remains in force for the term stated in it. 16
139 Refusing application 17
If the issuing entity decides to refuse the application, the entity must 18
immediately-- 19
(a) give the applicant a review notice about the decision; and 20
(b) refund the permit fee, if any, paid by the applicant. 21
Division 3--Notice of correct particulars 22
140 Permit holder to give notice of correct particulars 23
(1) This section applies if, because of a change in circumstances, any of 24
the following particulars contained in a stock route travel permit is no 25
longer correct-- 26
s 141 80 s 141
Land Protection (Pest and Stock Route Management)
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(a) the permit holder's name and contact address or telephone 1
number; 2
(b) the name of the person in charge of the stock during the travel; 3
(c) the number, type and age of the stock; 4
(d) the stock's brands and earmarks registered under the Brands Act 5
1915 and other marks identifying ownership; 6
(e) the proposed destination of the stock; 7
(f) the proposed route for the travel; 8
(g) the estimated period of the travel; 9
(h) the number of persons engaged to control the stock during the 10
travel; 11
(i) other information prescribed under a regulation. 12
(2) The permit holder must, as soon as practicable after the change 13
happens, give notice of the correct particular to the issuing entity for the 14
permit. 15
Maximum penalty--50 penalty units. 16
141 Issuing replacement permit on notice of correct particulars 17
(1) If a stock route travel permit holder gives the issuing entity a notice 18
under section 140(2), the entity may, by written notice, require the holder 19
to return the permit to the entity. 20
(2) The holder must comply with the notice to return the permit unless 21
the holder has a reasonable excuse. 22
Maximum penalty--50 penalty units. 23
(3) On receiving the permit, the issuing entity must issue a replacement 24
permit, showing the correct particulars, to the holder. 25
(4) The issuing entity must give the chief executive a copy of each 26
replacement permit it issues. 27
s 142 81 s 143
Land Protection (Pest and Stock Route Management)
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Division 4--Conditions of permits 1
142 Conditions that may and must be imposed 2
(1) An issuing entity may impose on a stock route travel permit the 3
reasonable conditions it decides. 4
(2) Without limiting subsection (1), a condition may be about the 5
following-- 6
(a) the hours of the day during which stock may be travelled; 7
(b) the movement of stock at stated locations on the stock route 8
network; 9
(c) keeping stock enclosed or supervised; 10
(d) erecting signs to show stock are travelling or grazing near roads; 11
(e) requiring the applicant to have public liability insurance the 12
entity considers is reasonable having regard to the nature of the 13
activity to be conducted under the permit. 14
(3) If the permit is for relevant land that is a State-controlled road, an 15
issuing entity must impose on the permit the conditions of an approval for 16
the land mentioned in section 136(4). 17
143 Amending conditions 18
(1) The holder of a stock route travel permit may ask the issuing entity to 19
amend the permit conditions. 20
(2) The request must be written and state-- 21
(a) the proposed amendment; and 22
(b) the reasons for it. 23
(3) The issuing entity must consider and decide whether to grant or 24
refuse the application. 25
(4) If the issuing entity decides to amend the conditions as requested, the 26
entity must give the holder written notice of the amended conditions. 27
(5) If the issuing entity refuses to amend the conditions, the entity must 28
give the holder a review notice about the decision. 29
s 144 82 s 145
Land Protection (Pest and Stock Route Management)
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Division 5--Cancellation of permits 1
144 Cancellation--grounds and procedure 2
(1) The issuing entity may cancel a stock route travel permit if 3
satisfied-- 4
(a) the permit was issued because of a materially false or misleading 5
representation or document, made either orally or in writing; or 6
(b) the permit holder has not complied with a condition of the 7
permit; or 8
(c) the relevant land can no longer provide enough pasture or water 9
for travelling stock. 10
(2) If the issuing entity decides to cancel a stock route travel permit, the 11
entity must-- 12
(a) give the permit holder a written notice stating the following-- 13
(i) that the permit is cancelled; 14
(ii) the grounds for the cancellation; 15
(iii) the facts and circumstances that are the basis for the 16
grounds; 17
(iv) that the permit holder may ask the chief executive to review 18
the decision; 19
(v) how to ask for a review; and 20
(b) for a permit to travel stock for more than 100 km--refund to the 21
holder the amount of the permit fee less the amount that would 22
have been payable for the distance travelled by the stock before 23
the permit was cancelled. 24
(3) The cancellation has effect immediately the notice is given. 25
Division 6--Reviewing decisions about permits 26
145 Review by chief executive 27
(1) This section applies if the chief executive is asked to review an 28
issuing entity's decision to-- 29
s 145 83 s 145
Land Protection (Pest and Stock Route Management)
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(a) refuse to issue a stock route travel permit; or 1
(b) impose conditions on a stock route travel permit; or 2
(c) refuse to amend conditions on a stock route travel permit as 3
requested by the permit holder; or 4
(d) cancel a stock route travel permit. 5
(2) The chief executive must, by written notice-- 6
(a) confirm the decision; or 7
(b) revoke the decision and direct the issuing entity-- 8
(i) for a decision mentioned in subsection (1)(a)--to issue the 9
permit subject to the reasonable conditions, if any, the chief 10
executive decides; or 11
(ii) for a decision mentioned in subsection (1)(b)--to remove 12
the conditions or amend them in the way decided by the 13
chief executive and stated in the notice; or 14
(iii) for a decision mentioned in subsection (1)(c)--to amend the 15
conditions in the way requested by the applicant or in the 16
way decided by the chief executive and stated in the notice; 17
or 18
(iv) for a decision mentioned in subsection (1)(d)--to re-issue 19
the permit subject to the reasonable conditions, if any, the 20
chief executive decides. 21
(3) The chief executive must, within 7 days after being asked to review 22
the decision, give to the permit holder and the issuing entity-- 23
(a) the notice; and 24
(b) if the chief executive decides to confirm the decision or change 25
the conditions other than in the way asked by the permit 26
holder--an information notice about the chief executive's 27
decision. 28
(4) The issuing entity must comply with the notice. 29
(5) A request to review a decision under this section does not stay the 30
operation of the decision. 31
s 146 84 s 147
Land Protection (Pest and Stock Route Management)
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Division 7--Miscellaneous provisions 1
146 Issuing replacement permit after change of conditions or review 2
of decision 3
(1) An issuing entity may, by written notice, require the holder of a stock 4
route travel permit to return the permit to the entity within a stated 5
reasonable period for amendment under a decision made under 6
section 143(4) or 145(2)(b)(ii) to (iv). 7
(2) The holder must comply with the notice unless the holder has a 8
reasonable excuse. 9
Maximum penalty--50 penalty units. 10
(3) On receiving the permit, the issuing entity must issue a replacement 11
permit, incorporating the amendments, to the holder. 12
(4) The issuing entity must give the chief executive a copy of each 13
replacement permit it issues. 14
(5) The amendment of the permit does not depend on it being replaced 15
under this section. 16
147 Rate of travel of stock 17
(1) The person in charge of stock being driven on foot under a stock 18
route travel permit must, unless the permit states otherwise, ensure the 19
stock travel towards their destination at a rate not less than 10 km a day. 20
Maximum penalty--50 penalty units. 21
(2) The rate of travel of stock is calculated between inspections 22
authorised by the local government for the area in which the stock are 23
travelling. 24
(3) Inspections must be at least 24 hours apart. 25
(4) In calculating the rate of travel of stock the following periods are not 26
included-- 27
(a) a period when the stock are prevented from travelling by rain, 28
flood or other unavoidable cause; 29
(b) a period when the stock are lawfully detained or depastured 30
elsewhere. 31
s 148 85 s 151
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PART 6--FENCING STOCK ROUTES 1
148 Application of pt 6 2
(1) This part applies if, to protect or improve the stock route network in 3
its area, a local government considers it necessary to build a stock-proof 4
fence on the boundary of land adjoining the network. 5
(2) In subsection (1)-- 6
"land" does not include State-controlled land. 7
149 Fencing notice 8
(1) The local government may, by written notice (a "fencing notice") 9
given to the land owner, require the owner to build a stock-proof fence on 10
the boundary of the land to prevent stock on the land entering a part of the 11
network. 12
(2) The fencing notice must-- 13
(a) state the reasonable period in which the owner must build the 14
fence; and 15
(b) be accompanied by or include an information notice about the 16
local government's decision to give the notice. 17
150 Obligation to build fence 18
The land owner must build the fence within the reasonable period stated 19
in the notice unless the owner has a reasonable excuse. 20
Maximum penalty--400 penalty units. 21
151 Obligation to maintain fence 22
The land owner must maintain the fence in a stock-proof condition 23
unless the owner has a reasonable excuse. 24
Maximum penalty--400 penalty units. 25
s 152 86 s 154
Land Protection (Pest and Stock Route Management)
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152 Noncompliance with fencing notice or obligation to maintain 1
fence 2
(1) This section applies if the land owner does not-- 3
(a) comply with the fencing notice; or 4
(b) maintain the fence in a stock-proof condition. 5
(2) The chief executive officer of the local government may enter the 6
owner's land at any reasonable time to build or complete the building of 7
the fence, or do anything necessary to make the fence stock-proof. 8
(3) Before entering the owner's land, the chief executive officer must 9
give the owner at least 7 days written notice stating the following-- 10
(a) that the chief executive officer intends to enter the land; 11
(b) the purpose of the intended entry; 12
(c) the date of the intended entry; 13
(d) the intended stay. 14
153 Amounts payable by land owner 15
(1) If the chief executive officer takes action under section 152(2), the 16
amount of the costs reasonably incurred in taking the action are a debt 17
payable to the local government-- 18
(a) by the land owner; or 19
(b) if there are 2 or more owners for the land, jointly and severally by 20
each owner. 21
(2) If the owner does not pay the amount when it is payable, interest is 22
payable on the overdue amount at the rate, and calculated in the way, 23
prescribed under a regulation. 24
154 Unpaid amounts are a charge on land 25
(1) If the owner does not pay to the local government an amount payable 26
under section 153, the unpaid amount is a charge on the land as if it were 27
an unpaid amount under the Local Government Act 1993, section 1068.9 28
9 Local Government Act 1993, section 1068 (Cost of work a charge over land)
s 155 87 s 156
Land Protection (Pest and Stock Route Management)
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(2) If the land in relation to which the unpaid amount was incurred is 1
part only of a parcel of land owned by the owner, the amount is a charge on 2
the parcel of land. 3
(3) This section is in addition to any other remedy the local government 4
has for recovery of the unpaid amount. 5
PART 7--OTHER PROVISIONS ABOUT STOCK ROUTE 6
NETWORK MANAGEMENT 7
Division 1--Mustering stock 8
155 Application of div 1 9
This division applies if the chief executive officer of a local government 10
reasonably believes it is necessary to muster stock on relevant land in its 11
area to monitor compliance with-- 12
(a) a stock route agistment permit; or 13
(b) a stock route travel permit. 14
156 Mustering notice 15
(1) The local government may, by written notice (a "mustering notice") 16
given to the permit holder, require the holder to muster the holder's stock 17
on the land. 18
(2) The mustering notice must-- 19
(a) state the reasonable period in which the holder must muster the 20
stock; and 21
(b) be accompanied by or include an information notice about the 22
local government's decision to give the notice. 23
s 157 88 s 160
Land Protection (Pest and Stock Route Management)
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157 Obligation to comply with notice 1
The holder must comply with the mustering notice unless the holder has 2
a reasonable excuse. 3
Maximum penalty--50 penalty units. 4
158 Noncompliance with mustering notice 5
(1) If the holder does not comply with the mustering notice, the chief 6
executive officer of the local government may enter the land at any 7
reasonable time and muster the stock. 8
(2) However, if the land is subject to a lease under the Land Act, the 9
chief executive officer of the local government may enter the land only 10
if-- 11
(a) the land owner consents to the entry; or 12
(b) the chief executive officer of the local government has given the 13
land owner at least 24 hours written notice of the intended entry. 14
(3) The notice must state the purpose and date of the intended entry. 15
159 Amounts payable by land owner 16
(1) If the chief executive officer takes action under section 158, the 17
amount of the costs reasonably incurred in taking the action are a debt 18
payable to the local government by the holder. 19
(2) If the holder does not pay the amount when it is payable, interest is 20
payable on the overdue amount at the rate, and calculated in the way, 21
prescribed under a regulation. 22
Division 2--Pasture on the stock route network 23
160 Managing and conserving pasture 24
A local government must manage and conserve pasture on the stock 25
route network in its area to ensure, as far as practicable, an adequate supply 26
of pasture for travelling stock. 27
s 161 89 s 163
Land Protection (Pest and Stock Route Management)
Bill 2001
161 Overgrazing on stock route network 1
(1) This section applies if the chief executive officer of a local 2
government reasonably believes, because of the number of stock on land 3
within which a part of the network in the local government's area is fenced 4
or otherwise enclosed, sufficient pasture will not be available for travelling 5
stock on the network. 6
(2) The local government may, by written notice given to the land 7
owner, require the owner to reduce the number of stock on the land. 8
(3) The notice must state the reasonable number to which the stock are to 9
be reduced and the reasonable period in which the reduction must be made. 10
(4) The owner must comply with the notice unless the owner has a 11
reasonable excuse. 12
Maximum penalty--400 penalty units. 13
(5) This section does not limit the chief executive officer's powers under 14
section 149.10 15
Division 3--Travelling stock facilities and water facility agreements 16
162 Travelling stock facilities 17
(1) Subject to section 163(1)(d), a local government must maintain in 18
good condition the travelling stock facilities on the stock route network in 19
its area. 20
(2) Also, if required by the Minister, the local government must supply 21
the following on the network in its area-- 22
(a) travelling stock facilities; 23
(b) water for travelling stock. 24
163 Water facility agreements 25
(1) The chief executive, a local government and a land owner may enter 26
into an agreement (a "water facility agreement") about any of the 27
following-- 28
10 Section 149 (Fencing notice)
s 164 90 s 164
Land Protection (Pest and Stock Route Management)
Bill 2001
(a) supplying water to the land from a water facility under the local 1
government's control; 2
(b) supplying water to the stock route network from a water facility 3
owned by the land owner; 4
(c) watering travelling stock at the owner's water facilities; 5
(d) maintaining water facilities under the local government's control; 6
(e) constructing water facilities on the network or on the owner's 7
land. 8
(2) The water facility agreement must-- 9
(a) state who owns the water facility and who is responsible for its 10
control, maintenance and management; and 11
(b) state the fee, if any, payable under the agreement; and 12
(c) provide for termination by a party to the agreement giving the 13
other parties a stated period of written notice of termination. 14
164 Register of agreements 15
(1) A local government must keep a register of water facility agreements 16
entered into by it. 17
(2) The register must state the following particulars for each 18
agreement-- 19
(a) the land owner's name and address; 20
(b) the fee, if any, payable under the agreement; 21
(c) who is responsible for the control, maintenance and management 22
of the water facility under the agreement; 23
(d) a description of the land to which, or from which, the water is 24
supplied; 25
(e) the amount of any minimum guaranteed water supply under the 26
agreement; 27
(f) other information prescribed under a regulation. 28
(3) A person may-- 29
s 165 91 s 167
Land Protection (Pest and Stock Route Management)
Bill 2001
(a) on payment of the fee prescribed under a regulation, inspect the 1
register at the local government's public office when the office is 2
open to the public; and 3
(b) on payment of the fee that is reasonable but not more than the 4
actual cost, take extracts from, or obtain a copy of details in, the 5
register. 6
165 Registration of particular agreements 7
(1) This section applies to a water facility agreement for construction of 8
a water facility on freehold land or land leased from the State if the 9
construction of the facility is paid for in whole or in part by the State. 10
(2) The chief executive for lands may, with the written consent of the 11
owner of the land under the agreement, record the particulars of the 12
agreement in-- 13
(a) for freehold land--the freehold land register; or 14
(b) for land leased from the State--the appropriate register in the 15
land registry. 16
(3) While the agreement is in force, it is binding on a successor in title to 17
the land. 18
Division 4--Stray stock 19
166 Offence to allow stock to stray 20
A person must not, without reasonable excuse, allow stock to stray onto 21
the stock route network. 22
Maximum penalty-- 23
(a) for not more than 10 head of stock--100 penalty units; or 24
(b) for more than 10 head of stock--400 penalty units. 25
167 Stray stock may be seized 26
If the chief executive officer of a local government reasonably suspects 27
stock found on the stock route network in the local government's area are 28
stray stock, the chief executive officer may seize the stock. 29
s 168 92 s 170
Land Protection (Pest and Stock Route Management)
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168 Notice of seizure 1
(1) The chief executive officer must give the owner of the seized stock 2
written notice of the seizure. 3
(2) If the owner's name is not known, the notice may be given to the 4
owner by publishing the notice in a newspaper circulating generally in the 5
area in which the stock were found. 6
(3) The notice must state that the stock-- 7
(a) must be claimed within 3 days after the notice is given; and 8
(b) if not claimed within the 3 days--may be sold or disposed of. 9
169 Releasing seized stock 10
If a person claims the seized stock, the chief executive officer may 11
release the stock to the person only if the person-- 12
(a) satisfies the chief executive officer the person is entitled to 13
possession of the stock; and 14
(b) pays the chief executive officer's reasonable costs of-- 15
(i) seizing, removing and holding the stock; and 16
(ii) giving the notice. 17
170 Dealing with seized stock 18
(1) This section applies if the owner of the seized stock does not claim 19
the stock within 3 days after the owner is given the notice. 20
(2) If the chief executive officer of the local government reasonably 21
believes the stock have a market value of more than the amount prescribed 22
under a regulation, the chief executive officer must sell the stock by public 23
auction or tender. 24
(3) If the chief executive officer reasonably believes the stock have a 25
market value of the prescribed amount or less, the chief executive officer 26
may dispose of the stock in a way the chief executive officer considers 27
appropriate. 28
(4) Compensation is not payable for a sale or disposal under this section. 29
(5) For subsection (2), the amount prescribed must not be less than 30
$1 000. 31
s 171 93 s 173
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171 Application of proceeds of sale 1
If the chief executive officer of the local government sells the seized 2
stock, the proceeds of the sale must be applied in the following order-- 3
(a) in payment of the chief executive officer's reasonable expenses 4
incurred in the sale; 5
(b) in payment of the reasonable costs of-- 6
(i) seizing, removing and holding the stock; and 7
(ii) giving the notice; 8
(c) in payment of any balance to the owner. 9
172 Destroying other stray stock 10
(1) This section applies if the chief executive officer of a local 11
government reasonably believes-- 12
(a) stock found on the stock route network in the local government's 13
area are stray stock; and 14
(b) it is not practicable to seize the stock under section 167; and 15
(c) it is necessary to destroy the stock in the interests of public 16
safety. 17
(2) The chief executive officer of the local government may destroy the 18
stock in the way the chief executive officer considers appropriate. 19
(3) Compensation is not payable for stock destroyed under this section. 20
PART 8--OTHER OFFENCES ABOUT THE STOCK 21
ROUTE NETWORK 22
173 Offences about stock route agistment and travel permits 23
(1) A person must not, without reasonable excuse, contravene a 24
condition of a stock route agistment permit that applies to the person. 25
Maximum penalty--50 penalty units. 26
s 174 94 s 176
Land Protection (Pest and Stock Route Management)
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(2) A person must not, without reasonable excuse, contravene a 1
condition of a stock route travel permit that applies to the person. 2
Maximum penalty--50 penalty units. 3
(3) The drover of stock moved under a stock route travel permit must, 4
unless the drover has a reasonable excuse, immediately produce the permit, 5
or a copy of it, to an authorised person for inspection if the authorised 6
person asks for it to be produced for inspection. 7
Maximum penalty--10 penalty units. 8
174 Grazing stock without permit 9
A person must not, without reasonable excuse, graze stock on relevant 10
land11 unless the person holds-- 11
(a) a stock route agistment permit or stock route travel permit for the 12
land; or 13
(b) a permission given under another Act allowing the stock to be 14
grazed on the land. 15
Maximum penalty--50 penalty units. 16
175 Damaging travelling stock facility 17
(1) A person must not, without reasonable excuse, damage a travelling 18
stock facility on the stock route network. 19
Maximum penalty--50 penalty units. 20
(2) In subsection (1)-- 21
"damage" includes hinder the usual operation of the facility. 22
176 Wasting or polluting water 23
A person must not, without reasonable excuse-- 24
(a) waste water from a water facility on the stock route network; or 25
11 See the definition of "relevant land" in schedule 3 (Dictionary).
s 177 95 s 180
Land Protection (Pest and Stock Route Management)
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(b) pollute water in a water facility on the stock route network. 1
Maximum penalty--50 penalty units. 2
177 Taking water 3
A person must not, without reasonable excuse, take water from a water 4
facility on the stock route network other than under a water facility 5
agreement or a permit. 6
Maximum penalty--50 penalty units. 7
178 Camping 8
A person must not, without a reasonable excuse, camp within 300 m of a 9
water facility on the stock route network. 10
Maximum penalty--50 penalty units. 11
179 Obstructing movement of stock 12
A person must not, without reasonable excuse, obstruct the movement of 13
travelling stock on the stock route network. 14
15
Examples of obstructing the movement of travelling stock--
16
1. Building a fence, locking a gate or using vehicles or animals to prevent stock
17
movement.
18
2. Making noise to alarm stock.
Maximum penalty--50 penalty units. 19
180 Burning or removing pasture 20
(1) A person must not, without reasonable excuse, burn pasture on the 21
stock route network without the consent of the local government for the 22
area in which the pasture is situated. 23
Maximum penalty--50 penalty units. 24
(2) A person must not, without reasonable excuse, remove pasture on the 25
stock route network without the consent of the local government for the 26
area in which the pasture is situated. 27
s 181 96 s 182
Land Protection (Pest and Stock Route Management)
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1
Example of removing pasture--
2
Cutting and baling pasture for hay.
Maximum penalty--50 penalty units. 3
181 Placing things on the stock route network 4
(1) A person must not, without reasonable excuse, place any thing on the 5
stock route network if the thing is likely to harm stock travelling on the 6
network. 7
8
Examples of `thing'--
9
An animal carcass or part of the carcass, a car body, old fencing, wire or rope.
Maximum penalty--50 penalty units. 10
(2) In subsection (1)-- 11
"harm" includes obstruct or otherwise interfere with. 12
182 Offences about using reserves for travelling stock 13
(1) This section applies to a person in charge of travelling stock if the 14
person travels the stock-- 15
(a) on a reserve for travelling stock for which there is an owner; or 16
(b) on a part of the stock route network fenced in with land for which 17
there is an owner. 18
(2) At least 48 hours before entering the reserve or part of the network, 19
the person must give notice of the intended entry to the owner. 20
Maximum penalty--50 penalty units. 21
(3) The owner must, unless the owner has a reasonable excuse-- 22
(a) allow the travelling stock to travel through or otherwise use the 23
reserve or part of the network; and 24
(b) ensure the owner's stock do not interfere with the travelling 25
stock's travel through, or other use of, the reserve or part of the 26
network. 27
Maximum penalty--50 penalty units. 28
s 183 97 s 184
Land Protection (Pest and Stock Route Management)
Bill 2001
CHAPTER 4--MATTERS RELATING TO LOCAL 1
GOVERNMENTS 2
183 Functions of local governments 3
(1) The functions of each local government under this Act are-- 4
(a) to ensure declared pests are managed within its area in 5
accordance with this Act and the principles of pest management; 6
and 7
(b) to manage the part of the stock route network in its area in 8
accordance with this Act and the principles of stock route 9
network management; and 10
(c) to control the movement of travelling stock on the part of the 11
stock route network in its area. 12
(2) Subsection (1)(a) does not apply to a declared pest in the operational 13
area of a pest operational board. 14
184 Minister may direct local government to perform function or 15
obligation 16
(1) This section applies if the Minister reasonably believes a local 17
government is not performing any of its functions or obligations under this 18
Act. 19
20
Examples of a local government not performing its functions or obligations--
21
1. A local government does not prepare, implement or review a pest management
22
plan or stock route network management plan under this Act.
23
2. A local government does not take reasonable steps to keep land in its area free of
24
declared pests.
(2) The Minister may, by written notice given to the local government, 25
direct it to perform the function or obligation. 26
(3) However, before giving a notice under subsection (2), the Minister 27
must consult with the local government and consider the local 28
government's views about the performance of the function or obligation. 29
(4) The notice must state the following-- 30
(a) the function or obligation the Minister believes the local 31
government is not performing; 32
s 185 98 s 187
Land Protection (Pest and Stock Route Management)
Bill 2001
(b) what action the Minister requires the local government to take to 1
perform the function or obligation; 2
(c) the date by which the stated action must be taken. 3
(5) The local government must comply with the direction. 4
185 Chief executive may be directed to perform local 5
government's functions 6
(1) If a local government does not comply with a notice given by the 7
Minister under section 184(2), a regulation may-- 8
(a) state the function or obligation the local government has not 9
complied with; and 10
(b) declare that, for a stated period, the function or obligation is 11
given to the chief executive; and 12
(c) direct the chief executive to perform the function or obligation or 13
take stated action within the period mentioned in paragraph (b). 14
(2) The chief executive, in performing the function or obligation or 15
taking the action, has the powers of the local government before the 16
regulation was made in relation to the function, obligation or action. 17
186 Local government to pay chief executive's costs 18
The costs reasonably incurred by the chief executive in performing or 19
taking action for a function or obligation of a local government are a debt 20
payable by the local government to the State. 21
187 Minister may require local government to make annual payment 22
(1) The Minister may, by written notice, for a financial year, require a 23
local government to pay an amount to the chief executive for services 24
provided or to be provided by the chief executive for pest or stock route 25
network management in the local government's area. 26
(2) The amount must not be more than the maximum amount fixed under 27
a regulation for the local government. 28
(3) In recommending the maximum amount, the Minister must have 29
regard to the nature and extent of the services provided or to be provided 30
s 188 99 s 188
Land Protection (Pest and Stock Route Management)
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by the chief executive in the local government's area, including, for 1
example, whether-- 2
(a) a declared pest fence benefits land by protecting agricultural 3
production in the area; or 4
(b) part or all of the area is in the operational area for rabbits; or 5
(c) land in the area may benefit from pest control programs 6
undertaken by the State including, for example, emergency 7
control action. 8
(4) The notice must state the period in which the amount required under 9
the notice must be paid. 10
(5) The local government must pay the amount to the chief executive in 11
the stated period. 12
188 Minister may ask for particular information from local 13
government 14
(1) The Minister may, by written notice, ask a local government-- 15
(a) to give the Minister details of an amount payable by the local 16
government under this Act; or 17
(b) to give the Minister a written report about any function or power 18
performed or exercised, or required to be performed or exercised, 19
by the local government under this Act. 20
(2) The local government must comply with the request. 21
s 189 100 s 190
Land Protection (Pest and Stock Route Management)
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CHAPTER 5--LAND PROTECTION COUNCIL AND 1
LAND PROTECTION FUND 2
PART 1--LAND PROTECTION (PEST AND STOCK 3
ROUTE MANAGEMENT) COUNCIL 4
Division 1--Establishment 5
189 Establishment 6
The Land Protection (Pest and Stock Route Management) Council is 7
established. 8
Division 2--Functions 9
190 Functions 10
The land protection council's functions are-- 11
(a) to give advice of a strategic nature to the Minister about the 12
management of pests and the stock route network; and 13
(b) to make recommendations to the Minister about the following-- 14
(i) major control and management programs for declared pests; 15
(ii) research into the management of pests and the stock route 16
network; 17
(iii) developing, implementing and reviewing management plans 18
for pests and the stock route network; 19
(iv) educational programs about pests and the stock route 20
network; 21
(v) policies about pests and the management of the stock route 22
network; 23
(vi) preparing guidelines for pest management; 24
(vii) declaring animals or plants to be declared pests; 25
s 191 101 s 193
Land Protection (Pest and Stock Route Management)
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(viii)major funding initiatives for pest and stock route network 1
management; 2
(ix) other matters the Minister directs; and 3
(c) to perform other functions given to the land protection council 4
under this or another Act; and 5
(d) to perform a function incidental to a function mentioned in 6
paragraphs (a) to (c). 7
191 Basis on which functions may be performed 8
(1) The land protection council may perform its functions either at the 9
request of the Minister or on its own initiative. 10
(2) Subsection (1) does not apply to making a recommendation to the 11
Minister under the Minister's direction. 12
192 Minister to consider recommendations 13
The Minister must consider a recommendation made under 14
section 190(b) and give the land protection council written advice about the 15
Minister's response to the recommendation. 16
Division 3--Membership 17
193 Membership of land protection council 18
(1) The land protection council consists of the following members-- 19
(a) a chairperson; 20
(b) 1 person who the Minister considers represents community 21
interests; 22
(c) 1 person nominated by the chief executive; 23
(d) 1 person nominated by the chief executive of the department in 24
which the Nature Conservation Act 1992 is administered; 25
(e) 1 person nominated by the chief executive of the department in 26
which the Plant Protection Act 1989 is administered; 27
s 194 102 s 195
Land Protection (Pest and Stock Route Management)
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(f) 3 persons nominated by the Local Government Association of 1
Queensland (Incorporated); 2
(g) 6 persons nominated by entities that represent the interests of 3
persons engaged in agricultural production and are prescribed 4
under a regulation; 5
(h) 1 person nominated by an entity who the Minister considers 6
represents conservation interests. 7
(2) The members are to be appointed by the Minister. 8
(3) The chairperson must be a person whom the Minister is satisfied will 9
act independently in the performance of the chairperson's functions. 10
194 Failure of nominating entity to nominate person 11
(1) This section applies if a nominating entity does not nominate a 12
person for appointment as a member of the land protection council. 13
(2) The Minister may appoint a person as a member of the land 14
protection council in place of a nominee of the nominating entity. 15
(3) A person appointed under subsection (2) is taken to have been 16
nominated for appointment by the nominating entity. 17
(4) In this section-- 18
"nominating entity" means an entity mentioned in section 193(1)(f), (g) 19
or (h). 20
195 Qualifications for appointment 21
(1) A person is not qualified to be or to continue as a member if the 22
person-- 23
(a) is affected by bankruptcy; or 24
(b) is convicted of an indictable offence, whether on indictment or 25
summarily; or 26
(c) becomes incapable of performing the member's duties because 27
of physical or mental incapacity. 28
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 29
person-- 30
(a) is bankrupt; or 31
s 196 103 s 200
Land Protection (Pest and Stock Route Management)
Bill 2001
(b) has compounded with creditors; or 1
(c) as a debtor, has otherwise taken, or applied to take, advantage of 2
any law about bankruptcy. 3
196 Appointment terms generally 4
A member holds office on the terms not provided for by this Act that are 5
decided by the Minister. 6
197 Remuneration and allowances 7
(1) This section applies to a member of the land protection council who 8
is not a public service officer. 9
(2) The member is entitled to be paid the remuneration and allowances 10
decided by the Minister. 11
198 Term of appointment 12
A member is to be appointed for the term, of no more than 3 years, stated 13
in the member's instrument of appointment. 14
199 Vacation of office 15
A member's office becomes vacant if the member-- 16
(a) dies; or 17
(b) resigns by signed notice of resignation given to the Minister; or 18
(c) ceases to be qualified to be a member. 19
Division 4--Proceedings 20
200 Conduct of business 21
Subject to this division, the land protection council may conduct its 22
business, including its meetings, in the way it considers appropriate. 23
s 201 104 s 204
Land Protection (Pest and Stock Route Management)
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201 Time and place of meetings 1
(1) The land protection council may hold its meetings when and where it 2
decides. 3
(2) However, it must meet at least 3 times each year. 4
(3) The chairperson-- 5
(a) may call a meeting at any time; and 6
(b) must call a meeting if asked by the Minister. 7
202 Quorum 8
(1) At a land protection council meeting, 8 members form a quorum. 9
(2) However, if, because of section 206(3), (4) or (5), a member is not 10
present at a meeting for consideration of a matter, but there would be a 11
quorum if the member were present, the remaining members present are a 12
quorum for the council's consideration of, or decision about, the matter. 13
203 Presiding at meetings 14
(1) The land protection council's chairperson must preside at all 15
meetings at which the chairperson is present. 16
(2) If the chairperson is absent, the member chosen by the members 17
present must preside. 18
204 Conduct of meetings 19
(1) A question at a land protection council meeting is decided by a 20
majority of the votes of the members present. 21
(2) Each member present at the meeting has a vote on each question to 22
be decided and, if the votes are equal, the member presiding also has a 23
casting vote. 24
(3) A member present at the meeting may abstain from voting. 25
(4) The land protection council may hold meetings, or allow members to 26
take part in its meetings, by using any technology allowing reasonably 27
contemporaneous and continuous communication between members taking 28
part in the meeting. 29
s 205 105 s 206
Land Protection (Pest and Stock Route Management)
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1
Example of `technology allowing reasonably contemporaneous and continuous
2
communication'--
3
Teleconferencing.
(5) A member who takes part in a meeting of the land protection council 4
under subsection (4) is taken to be present at the meeting. 5
205 Resolutions of council 6
A resolution is a valid resolution of the land protection council, even 7
though it is not passed at a meeting of the council, if-- 8
(a) at least 8 members give written agreement to the resolution; and 9
(b) notice of the resolution is given under procedures approved by 10
the council. 11
206 Disclosure of interests by land protection council members 12
(1) This section applies to a member of the land protection council if-- 13
(a) the member has an interest in a matter being considered, or about 14
to be considered, by the council; and 15
(b) the interest could conflict with the proper performance of the 16
member's duties about the consideration of the matter. 17
(2) As soon as practicable after the relevant facts come to the member's 18
knowledge, the member must disclose the nature of the interest to a 19
meeting of the land protection council. 20
Maximum penalty--20 penalty units. 21
(3) Unless the council otherwise directs, the member must not-- 22
(a) be present when the council considers the matter; or 23
(b) take part in a decision of the council about the matter. 24
Maximum penalty--20 penalty units. 25
(4) The member must not be present when the council is considering 26
whether to give a direction under subsection (3). 27
Maximum penalty--20 penalty units. 28
(5) If there is another member who must, under subsection (2), also 29
disclose an interest in the matter, the other member must not-- 30
s 207 106 s 209
Land Protection (Pest and Stock Route Management)
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(a) be present when the council is considering whether to give a 1
direction under subsection (3); or 2
(b) take part in making the decision about giving the direction. 3
Maximum penalty--20 penalty units. 4
(6) A disclosure under subsection (2) must be recorded in the land 5
protection council's minutes. 6
(7) In this section-- 7
"interest", for a land protection council member mentioned in 8
section 193(1)(f), (g) or (h), does not include an interest the member 9
has in common with members of the entity represented by the 10
member. 11
207 Minutes 12
The land protection council must keep minutes of its proceedings. 13
Division 5--Annual report 14
208 Annual report 15
(1) As soon as practicable after the end of each financial year, the 16
chairperson must prepare and give to the Minister a written report about the 17
land protection council's activities during the year. 18
(2) As soon as practicable after receiving the report, the Minister must 19
table a copy of it in the Legislative Assembly. 20
PART 2--LAND PROTECTION FUND 21
209 Establishment of fund 22
The Land Protection Fund (the "fund") is established. 23
s 210 107 s 210
Land Protection (Pest and Stock Route Management)
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210 Purpose and administration of fund 1
(1) The purpose of the fund is to record amounts received for, and paid 2
from, the fund to achieve the purposes of this Act. 3
(2) Accounts for the fund must be kept as part of the departmental 4
accounts of the department. 5
(3) However, amounts received for the fund may be deposited in a 6
departmental financial-institution account of the department with other 7
moneys of the department. 8
(4) Amounts received for the fund include the following-- 9
(a) amounts made available by the chief executive for the fund; 10
(b) amounts given to the chief executive by another entity for this 11
Act; 12
(c) amounts payable into the fund under section 212(2)(a); 13
(d) the proceeds of the sale or hire of any buildings, equipment or 14
machinery acquired by the Minister or chief executive under this 15
Act; 16
(e) the amount of any costs incurred and recovered by the chief 17
executive under section 295;12 18
(f) the amount of any payment required by the Minister under 19
section 187;13 20
(g) other amounts received under this Act and prescribed under a 21
regulation. 22
(5) In this section-- 23
"departmental accounts", of the department, means the accounts of the 24
department under the Financial Administration and Audit Act 1977, 25
section 12. 26
"departmental financial-institution account", of the department, means 27
an account of the department kept under the Financial Administration 28
and Audit Act 1977, section 18. 29
"other moneys", of the department, means all moneys of the department 30
other than amounts received for the fund. 31
12 Section 295 (Recovering costs of taking action because of an offence)
13 Section 187 (Minister may require local government to make annual payment)
s 211 108 s 212
Land Protection (Pest and Stock Route Management)
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211 Payments from fund 1
Amounts are payable from the fund only for paying the following-- 2
(a) expenses incurred by the chief executive and pest operational 3
boards under this Act; 4
(b) an amount authorised by the chief executive under this Act as 5
payable from the fund; 6
(c) other amounts required or permitted by this Act to be paid out of 7
the fund. 8
212 Local government's payment of amounts into fund 9
(1) This section applies to a following amount received by a local 10
government under chapter 314-- 11
(a) an amount received as a permit fee for a stock route agistment 12
permit or stock route travel permit; 13
(b) an amount received under a water facility agreement. 14
(2) The local government must-- 15
(a) pay one-half of the amount into the fund; and 16
(b) use the balance for the administration, maintenance or 17
improvement of the stock route network in its area. 18
(3) Payments under subsection (2)(a) must be made at regular intervals, 19
of not more than 3 months, decided by the local government. 20
14 Chapter 3 (Stock route network management)
s 213 109 s 216
Land Protection (Pest and Stock Route Management)
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CHAPTER 6--PEST OPERATIONAL BOARDS 1
PART 1--GENERAL 2
213 Establishment of pest operational boards 3
(1) A regulation may establish a pest operational board to carry out pest 4
management activities for a particular area (the "operational area") 5
identified in the regulation. 6
(2) The regulation must-- 7
(a) name the board; and 8
(b) state the declared pest to be managed by the board; and 9
(c) identify the board's operational area; and 10
(d) state the number of directors of the board. 11
214 Legal status 12
A pest operational board-- 13
(a) is a body corporate; and 14
(b) has a seal; and 15
(c) may sue and be sued in its corporate name. 16
215 Pest operational boards represent State 17
(1) A pest operational board represents the State. 18
(2) Without limiting subsection (1), a pest operational board has all the 19
privileges and immunities of the State. 20
216 Application of particular Acts to pest operational boards 21
(1) A pest operational board is a statutory body under the Financial 22
Administration and Audit Act 1977 and Statutory Bodies Financial 23
Arrangements Act 1982. 24
s 217 110 s 218
Land Protection (Pest and Stock Route Management)
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(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B15 1
states the way in which the board's powers under this Act are affected by 2
the Statutory Bodies Financial Arrangements Act 1982. 3
PART 2--FUNCTION AND POWERS 4
217 Function 5
(1) A pest operational board's function is to take reasonable steps to 6
ensure the board's operational area is kept free from declared pests 7
managed by the board. 8
(2) The function is to be achieved mainly by-- 9
(a) taking control measures to destroy the pests in the board's 10
operational area; and 11
(b) developing and implementing works programs to maintain, as far 12
as practicable, the board's operational area in a pest-free 13
condition. 14
218 General powers 15
(1) A pest operational board has all the powers of an individual and may, 16
for example, do the following-- 17
(a) enter into contracts; 18
(b) acquire, hold, deal with and dispose of, property; 19
(c) appoint and act through agents and attorneys; 20
(d) charge, and fix terms, for goods, services and information it 21
supplies; 22
(e) employ staff and engage consultants; 23
(f) do anything else necessary or convenient to be done for, or in 24
connection with, the performance of its function. 25
15 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 219 111 s 221
Land Protection (Pest and Stock Route Management)
Bill 2001
(2) Without limiting subsection (1), a pest operational board has the 1
powers given to it under this Act. 2
219 Ministerial directions 3
(1) The Minister may give a pest operational board a written direction 4
about the performance of the board's function or the exercise of its powers 5
if satisfied it is necessary to give the direction in the public interest. 6
(2) The board must ensure the direction is complied with. 7
(3) However, before giving the direction, the Minister must consult with 8
the board. 9
(4) The Minister must gazette a copy of the direction within 21 days 10
after the direction is given. 11
PART 3--BOARD OF DIRECTORS 12
Division 1--Establishment and role 13
220 Board of directors 14
A pest operational board must have a board of directors. 15
221 Role of board of directors 16
(1) The board of directors is responsible for the way the pest operational 17
board performs its function and exercises its powers. 18
(2) Without limiting subsection (1), it is the role of the board of directors 19
to ensure the pest operational board performs its function in an appropriate, 20
effective and efficient way. 21
s 222 112 s 224
Land Protection (Pest and Stock Route Management)
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Division 2--Provisions about directors 1
222 Appointment 2
The directors must be appointed by the Minister. 3
223 Chairperson 4
(1) The chairperson of the board of directors is the director chosen as 5
chairperson by the directors. 6
(2) If the chairperson is not chosen within 1 month after the date 7
appointed for the first meeting of the board of directors, the chairperson is 8
the director chosen by the chief executive. 9
(3) The chairperson holds office until the annual meeting of the board of 10
directors next following the director's selection as chairperson. 11
224 Qualifications for appointment 12
(1) A person is not qualified to be, or to continue, as a director if the 13
person-- 14
(a) is affected by bankruptcy action; or 15
(b) is, or has been, convicted of-- 16
(i) an indictable offence, whether on indictment or summarily; 17
or 18
(ii) an offence against this Act. 19
(2) For subsection (1)(a), a person is affected by bankruptcy action if the 20
person-- 21
(a) is bankrupt; or 22
(b) has compounded with creditors; or 23
(c) as a debtor, has otherwise taken, or applied to take, advantage of 24
any law about bankruptcy. 25
s 225 113 s 227
Land Protection (Pest and Stock Route Management)
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225 Term of appointment 1
(1) Subject to subsections (2) and (3), a director is appointed for the 2
term, of no more than 3 years, stated in the director's instrument of 3
appointment. 4
(2) The director continues holding office after the director's term of 5
office ends until the director's successor is appointed. 6
(3) If a person is appointed to fill a casual vacancy in the office of a 7
director, the person is appointed only for the remainder of the director's 8
term of office. 9
226 Termination of appointment 10
The Minister may remove a director from office if-- 11
(a) the director ceases to be qualified to be a director or is absent 12
from 3 consecutive meetings of the board of directors without the 13
board's leave and without reasonable excuse; or 14
(b) the Minister is satisfied the director-- 15
(i) is incapable of performing the duties of a director because 16
of physical or mental incapacity; or 17
(ii) performed the director's duties carelessly, incompetently or 18
inefficiently; or 19
(iii) commits misconduct of a kind that could justify dismissal 20
from the public service if the director were a public service 21
officer. 22
227 Vacation of office 23
A director's office becomes vacant if the director-- 24
(a) dies; or 25
(b) resigns by signed notice of resignation given to the board; or 26
(c) is removed from office under section 226. 27
s 228 114 s 228
Land Protection (Pest and Stock Route Management)
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Division 3--Directors' duties 1
228 Disclosure of interests 2
(1) This section applies to a director if-- 3
(a) the director has a direct or indirect financial or personal interest 4
in a matter being considered, or about to be considered, by the 5
board of directors; and 6
(b) the interest could conflict with the proper performance of the 7
director's duties about the consideration of the matter. 8
(2) As soon as practicable after the relevant facts come to the director's 9
knowledge, the director must disclose the nature of the interest to a meeting 10
of the board of directors. 11
Maximum penalty--20 penalty units. 12
(3) The disclosure must be recorded in the board's minutes. 13
(4) Unless the board of directors otherwise decides, the director must 14
not-- 15
(a) be present when the board considers the matter; or 16
(b) take part in a decision of the board on the matter. 17
Maximum penalty--20 penalty units. 18
(5) The director must not be present when the board of directors is 19
considering its decision under subsection (4). 20
Maximum penalty--20 penalty units. 21
(6) Another director who also has a direct or indirect financial or 22
personal interest in the matter must not-- 23
(a) be present when the board of directors is considering its decision 24
under subsection (4); or 25
(b) take part in making the decision. 26
Maximum penalty--20 penalty units. 27
(7) In this section-- 28
"financial or personal interest", for a person nominated by an entity for 29
appointment as a director, does not include an interest the person has 30
in common with members of the entity represented by the person. 31
s 229 115 s 233
Land Protection (Pest and Stock Route Management)
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229 Director to act in pest operational board's interest 1
A director, in exercising powers and performing functions must act in 2
the best interests of the pest operational board. 3
Division 4--Business and meetings 4
230 Conduct of business 5
Subject to this division, the board may conduct its business, including its 6
meetings, in the way it considers appropriate. 7
231 Times and places of meetings 8
(1) The board must hold-- 9
(a) its first meeting at the time and place decided by the chief 10
executive; and 11
(b) at least 1 meeting a year. 12
(2) The board chairperson-- 13
(a) may call a board meeting at any time; and 14
(b) must call a meeting if asked by at least one-half of the directors 15
comprising the board or, if the number is not a whole number, the 16
next highest whole number of directors. 17
232 Quorum 18
A quorum for the board is the number of directors equal to one-half of 19
the number of directors on the board plus 1 or, if the number is not a whole 20
number, the next highest whole number. 21
233 Presiding at meetings 22
(1) The board's chairperson must preside at all meetings at which the 23
chairperson is present. 24
(2) If the chairperson is absent, the director chosen by the directors 25
present must preside. 26
s 234 116 s 236
Land Protection (Pest and Stock Route Management)
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234 Conduct of meetings 1
(1) A question at a board meeting is decided by a majority of the votes of 2
the directors present and voting. 3
(2) Each director present has a vote on each question to be decided and, 4
if the votes are equal, the chairperson has a casting vote. 5
(3) A director present at the meeting who abstains from voting is taken 6
to have voted for the negative. 7
(4) The board may hold meetings, or allow directors to take part in its 8
meetings, by using any technology using reasonably contemporaneous and 9
continuous communication between directors taking part in the meeting. 10
11
Example of `technology allowing reasonably contemporaneous and continuous
12
communication'--
13
Teleconferencing.
(5) A director who takes part in a board meeting under subsection (4) is 14
taken to be present at the meeting. 15
(6) A resolution is validly made by the board, even if it is not passed at a 16
board meeting, if-- 17
(a) a majority of the board's directors gives written agreement to the 18
resolution; and 19
(b) notice of the resolution is given under procedures approved by 20
the board. 21
235 Minutes 22
The board must keep-- 23
(a) minutes of its proceedings; and 24
(b) a record of any resolutions made under section 234(6). 25
Division 5--Directors' fees and allowances 26
236 Fees and allowances 27
A director is entitled to be paid the fees and allowances approved by the 28
Minister. 29
s 237 117 s 239
Land Protection (Pest and Stock Route Management)
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PART 4--FINANCIAL MATTERS 1
237 Estimate of pest operational board's operational costs 2
(1) A pest operational board must, for each financial year, prepare and 3
give to the Minister a written estimate of its operational costs for the year. 4
(2) The estimate must be given to the Minister 2 months before the start 5
of the financial year to which the estimate relates. 6
(3) The estimate must be accompanied by a written statement stating-- 7
(a) details, including a works program, for the items to which the 8
costs relate; and 9
(b) an amount for each item. 10
238 Approval for carrying out pest operational board's operations 11
(1) A pest operational board may carry out a works program or do other 12
things involving expenditure by it in a financial year only if the works or 13
other things have been approved by the Minister for the financial year. 14
15
Example of `other things'--
16
Acquisition of land, machinery, equipment or materials.
(2) In deciding whether to approve the works program or other things, 17
the Minister must have regard to-- 18
(a) the purpose of this Act; and 19
(b) the expenditure involved in carrying out the works program or 20
doing the other things. 21
PART 5--OTHER PROVISIONS ABOUT PEST 22
OPERATIONAL BOARDS 23
239 Delegation 24
(1) A pest operational board may delegate its powers to an appropriately 25
qualified person. 26
s 240 118 s 241
Land Protection (Pest and Stock Route Management)
Bill 2001
(2) A pest operational board may subdelegate a power of the chief 1
executive that is delegated to it only if the delegation permits the 2
subdelegation. 3
240 Annual report 4
(1) As soon as practicable after the end of each financial year, a pest 5
operational board must prepare and give to the Minister a written report 6
about the board's operation during the year. 7
(2) As soon as practicable after receiving the report, the Minister must 8
table a copy of it in the Legislative Assembly. 9
CHAPTER 7--INVESTIGATION AND ENFORCEMENT 10
PART 1--PEST SURVEY PROGRAMS 11
241 Approval of pest survey program 12
(1) The chief executive or a pest operational board, or a local 13
government by resolution, may approve a program (a "pest survey 14
program") under which authorised persons appointed by the chief 15
executive, pest operational board or the chief executive officer of the local 16
government may enter places to monitor compliance with this Act. 17
18
Examples of pest survey program--
19
1. A program for monitoring compliance with requirements about declared pests,
20
including, for example, groundsel bush.
21
2. A program to map the distribution of declared pests or monitor their populations.
(2) A pest survey program approved by a pest operational board may 22
relate only to places in the board's operational area. 23
(3) A pest survey program approved by a local government may relate 24
only to places in the local government's area. 25
(4) A pest survey program must state each of the following-- 26
(a) the purpose of the program; 27
s 242 119 s 242
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(b) when the program starts; 1
(c) objective criteria for selecting places to be entered and inspected; 2
(d) a description of the area in which the places are situated; 3
(e) if a particular type of place is to be entered and inspected--a 4
description of the type; 5
(f) the period, of no more than 3 months or another period 6
prescribed under a regulation, over which the program is to be 7
carried out. 8
242 Notice of proposed pest survey program 9
(1) At least 14 days, but not more than 28 days, before a pest survey 10
program starts, the chief executive, pest operational board or local 11
government must give notice of the program. 12
(2) The notice must-- 13
(a) be published in a newspaper circulating generally in the area to 14
which the program relates; or 15
(b) be given to each land owner in the area to which the program 16
relates. 17
(3) The notice must state each of the following-- 18
(a) the purpose and scope of the program; 19
(b) when the program starts; 20
(c) the period over which the program is to be carried out; 21
(d) if the program is approved by the chief executive-- 22
(i) that a copy of the program is available for inspection or 23
purchase at the department's head office and regional 24
offices, if any, in the area to which the program relates until 25
the end of the program; and 26
(ii) the price of a copy of the program; 27
(e) if the program is approved by a pest operational board-- 28
(i) that a copy of the program is available for inspection or 29
purchase at the board's public office until the end of the 30
program; and 31
s 243 120 s 244
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(ii) the price of a copy of the program; 1
(f) if the program is approved by a local government-- 2
(i) the name of the local government; and 3
(ii) that a copy of the program is available for inspection or 4
purchase at the local government's public office until the 5
end of the program; and 6
(iii) the price of a copy of the program. 7
(4) The price of a copy of the program must be no more than the cost of 8
having the copy available for purchase, and, if the copy is posted to the 9
purchaser, the postage cost. 10
243 Access to program 11
From the start of a pest survey program until the end of the program, 12
copies of the program must be available for inspection or purchase at-- 13
(a) if the program is approved by the chief executive--the 14
department's head office and the department's regional offices, if 15
any, in the area to which the program relates; and 16
(b) if the program is approved by a pest operational board--the 17
board's public office; and 18
(c) if the program is approved by a local government--the local 19
government's public office. 20
PART 2--AUTHORISED PERSONS 21
244 Appointment and qualifications 22
(1) The chief executive, a pest operational board or chief executive 23
officer of a local government (the "appointing authority") may appoint an 24
individual as an authorised person. 25
(2) However, the appointing authority may appoint an individual as an 26
authorised person only if the appointing authority is satisfied the individual 27
has the necessary expertise or experience. 28
s 245 121 s 246
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245 Appointment conditions and limit on powers 1
(1) An authorised person holds office on any conditions stated in-- 2
(a) the authorised person's instrument of appointment; or 3
(b) a signed notice given to the authorised person; or 4
(c) a regulation. 5
(2) The instrument of appointment, a signed notice given to the 6
authorised person or a regulation may limit the authorised person's powers 7
under this Act. 8
(3) Also, an authorised person appointed by a pest operational board 9
may exercise the authorised person's powers only-- 10
(a) in relation to the board's operational area; and 11
(b) to control the entry of a declared pest managed by the board into 12
the operational area or an area adjoining the operational area. 13
(4) In addition, an authorised person appointed by the chief executive 14
officer of a local government may exercise the authorised person's powers 15
only in relation to the local government's area. 16
(5) In this section-- 17
"signed notice" means a notice signed by the chief executive, the 18
chairperson of the pest operational board or chief executive officer of 19
a local government. 20
246 Issue of identity card 21
(1) An appointing authority must issue an identity card to each 22
authorised person appointed by it. 23
(2) The identity card must-- 24
(a) contain a recent photo of the authorised person; and 25
(b) contain a copy of the authorised person's signature; and 26
(c) identify the person as an authorised person under this Act; and 27
(d) state whether the authorised person is appointed by the chief 28
executive, pest operational board, or chief executive officer of a 29
local government; and 30
(e) state an expiry date for the card. 31
s 247 122 s 248
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(3) This section does not prevent the issue of a single identity card to a 1
person for this Act and other purposes. 2
247 Production or display of identity card 3
(1) In exercising a power under this Act in relation to another person, an 4
authorised person must-- 5
(a) produce the authorised person's identity card for the other 6
person's inspection before exercising the power; or 7
(b) have the identity card displayed so it is clearly visible to the other 8
person when exercising the power. 9
(2) However, if it is not practicable to comply with subsection (1), the 10
authorised person must produce the identity card for the other person's 11
inspection at the first reasonable opportunity. 12
(3) For subsection (1), an authorised person does not exercise a power in 13
relation to the other person only because the authorised person has entered 14
a place as mentioned in section 251(1)(b) or (2). 15
248 When authorised person ceases to hold office 16
(1) An authorised person ceases to hold office if any of the following 17
happens-- 18
(a) the term of office stated in a condition of office ends; 19
(b) under another condition of office, the authorised person ceases to 20
hold office; 21
(c) the authorised person's resignation under section 249 takes 22
effect. 23
(2) Subsection (1) does not limit the ways an authorised person may 24
cease to hold office. 25
(3) In this section-- 26
"condition of office" means a condition on which the authorised person 27
holds office. 28
s 249 123 s 251
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249 Resignation 1
(1) An authorised person may resign by signed notice given to the 2
appointing authority who appointed the person. 3
(2) However, if holding office as an authorised person is a condition of 4
the authorised person holding another office, the authorised person may not 5
resign as an authorised person without resigning from the other office. 6
250 Return of identity card 7
An individual who ceases to be an authorised person must return the 8
individual's identity card to the appointing authority within 21 days after 9
ceasing to be an authorised person, unless the individual has a reasonable 10
excuse. 11
Maximum penalty--10 penalty units. 12
PART 3--POWERS OF AUTHORISED PERSONS 13
Division 1--Entry to places other than vehicles 14
251 Power of entry 15
(1) An authorised person may enter a place, other than a vehicle, if-- 16
(a) its occupier consents to the entry; or 17
(b) it is a public place and the entry is made when it is open to the 18
public; or 19
(c) the entry is authorised by a warrant; or 20
(d) the authorised person reasonably believes entry is necessary for 21
ensuring or monitoring compliance with a pest control notice or 22
emergency quarantine notice given for the place; or 23
s 252 124 s 252
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(e) the authorised person is directed, under section 91,16 to take 1
action because of a land owner's failure to comply with an 2
emergency quarantine notice given for the place; or 3
(f) it is a permit holder's place of business and is-- 4
(i) open for carrying on the business; or 5
(ii) otherwise open for entry; or 6
(iii) required to be open for inspection under the permit; or 7
(g) the entry is under a pest survey program and the entry is made at 8
a reasonable time of the day or night. 9
(2) For the purpose of asking the occupier of a place for consent to enter, 10
an authorised person may, without the occupier's consent or a warrant-- 11
(a) enter land around premises at the place to an extent that is 12
reasonable to contact the occupier; or 13
(b) enter part of the place the authorised person reasonably considers 14
members of the public ordinarily are allowed to enter when they 15
wish to contact the occupier. 16
252 Entry with consent 17
(1) This section applies if an authorised person intends to ask an 18
occupier of a place to consent to the authorised person or another 19
authorised person entering the place under section 251(1)(a). 20
(2) Before asking for the consent, the authorised person must tell the 21
occupier-- 22
(a) the purpose of the entry; and 23
(b) that the occupier is not required to consent. 24
(3) If the consent is given, the authorised person may ask the occupier to 25
sign an acknowledgment of the consent. 26
(4) The acknowledgment must state the following-- 27
(a) the occupier has been told-- 28
(i) the purpose of the entry; and 29
16 Section 91 (Directing authorised persons to take action under emergency quarantine
notice)
s 253 125 s 254
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(ii) that the occupier is not required to consent; 1
(b) the purpose of the entry; 2
(c) the occupier gives the authorised person or another authorised 3
person consent to enter the place and exercise powers under this 4
part; 5
(d) the time and date the consent was given. 6
(5) If the occupier signs the acknowledgment, the authorised person 7
must promptly give a copy to the occupier. 8
(6) If-- 9
(a) an issue arises in a proceeding about whether the occupier 10
consented to the entry; and 11
(b) an acknowledgment mentioned in subsection (4) for the entry is 12
not produced in evidence; 13
the onus of proof is on the person relying on the lawfulness of the entry to 14
prove the occupier consented. 15
253 Other entries without warrant 16
(1) This section applies if-- 17
(a) an authorised person is intending to enter a place under 18
section 251(1)(d) to (g); and 19
(b) the occupier of the place is present at the place. 20
(2) Before entering the place, the authorised person must do or make a 21
reasonable attempt to do the following-- 22
(a) comply with section 247(1); 23
(b) tell the occupier the purpose of the entry; 24
(c) tell the occupier the authorised person is permitted under this Act 25
to enter the place without the occupier's consent or warrant. 26
254 Application for warrant 27
(1) An authorised person may apply to a magistrate for a warrant for a 28
place. 29
s 255 126 s 256
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(2) The application must be sworn and state the grounds on which the 1
warrant is sought. 2
(3) The magistrate may refuse to consider the application until the 3
authorised person gives the magistrate all the information the magistrate 4
requires about the application in the way the magistrate requires. 5
6
Example--
7
The magistrate may require additional information supporting the application to be
8
given by statutory declaration.
255 Issue of warrant 9
(1) The magistrate may issue a warrant only if the magistrate is satisfied 10
there are reasonable grounds for suspecting-- 11
(a) there is a particular thing or activity (the "evidence") that may 12
provide evidence of an offence against this Act; and 13
(b) the evidence is at the place, or, within the next 7 days, may be at 14
the place. 15
(2) The warrant must state-- 16
(a) that a stated authorised person may, with necessary and 17
reasonable help and force-- 18
(i) enter the place and any other place necessary for entry; and 19
(ii) exercise the authorised person's powers under this part; and 20
(b) the offence for which the warrant is sought; and 21
(c) the evidence that may be seized under the warrant; and 22
(d) the hours of the day or night when the place may be entered; and 23
(e) the date, within 14 days after the warrant's issue, the warrant 24
ends. 25
256 Special warrants 26
(1) An authorised person may apply for a warrant (a "special warrant") 27
by phone, fax, radio or another form of communication if the authorised 28
person considers it necessary because of-- 29
(a) urgent circumstances; or 30
s 256 127 s 256
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(b) other special circumstances, including, for example, the 1
authorised person's remote location. 2
(2) Before applying for the special warrant, the authorised person must 3
prepare an application stating the grounds on which the warrant is sought. 4
(3) The authorised person may apply for the special warrant before the 5
application is sworn. 6
(4) After issuing the special warrant, the magistrate must promptly fax a 7
copy (a "facsimile warrant") to the authorised person if it is reasonably 8
practicable to fax the copy. 9
(5) If it is not reasonably practicable to fax a copy to the authorised 10
person-- 11
(a) the magistrate must tell the authorised person-- 12
(i) what the terms of the special warrant are; and 13
(ii) the date and time the special warrant was issued; and 14
(b) the authorised person must complete a form of warrant (a 15
"warrant form") and write on it-- 16
(i) the magistrate's name; and 17
(ii) the date and time the magistrate issued the special warrant; 18
and 19
(iii) the terms of the special warrant. 20
(6) The facsimile warrant, or the warrant form properly completed by the 21
authorised person, authorises the entry and the exercise of the other powers 22
stated in the special warrant issued. 23
(7) The authorised person must, at the first reasonable opportunity, send 24
to the magistrate-- 25
(a) the sworn application; and 26
(b) if the authorised person completed a warrant form--the 27
completed warrant form. 28
(8) On receiving the documents, the magistrate must attach them to the 29
special warrant. 30
(9) If-- 31
s 257 128 s 258
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(a) an issue arises in a proceeding about whether an exercise of an 1
authorised person's power stated in the special warrant was 2
authorised by the warrant; and 3
(b) the warrant is not produced in evidence; 4
the onus of proof is on the person relying on the lawfulness of the exercise 5
of the power to prove the authorised person obtained the warrant. 6
257 Warrants--procedure before entry 7
(1) This section applies if an authorised person named in a warrant 8
issued under this part for a place is intending to enter the place under the 9
warrant. 10
(2) Before entering the place, the authorised person must do or make a 11
reasonable attempt to do the following things-- 12
(a) comply with section 247(1); 13
(b) give the person a copy of the warrant or if the entry is authorised 14
by a facsimile warrant or warrant form mentioned in 15
section 256(6), a copy of the facsimile warrant or warrant form; 16
(c) tell the person the authorised person is permitted by the warrant 17
to enter the place; 18
(d) give the person an opportunity to allow the authorised person 19
immediate entry to the place without using force. 20
(3) However, the authorised person need not comply with subsection (2) 21
if the authorised person believes on reasonable grounds that immediate 22
entry to the place is required to ensure the effective execution of the 23
warrant is not frustrated. 24
Division 2--Entry to vehicles 25
258 Power of entry 26
An authorised person may enter a vehicle if-- 27
(a) the person in control of the vehicle consents to the entry; or 28
(b) the authorised person reasonably suspects-- 29
s 259 129 s 260
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(i) the vehicle is being, or has been, used in the commission of 1
a declared pest offence; or 2
(ii) the vehicle, or anything on or in the vehicle, may provide 3
evidence of the commission of a declared pest offence. 4
259 Procedure for entry 5
(1) This section applies if-- 6
(a) an authorised person is intending to enter a vehicle under 7
section 258(b) other than with the consent of the person in 8
control of the vehicle; and 9
(b) a person who is a person in control, or an occupier, of the vehicle 10
is present at the vehicle. 11
(2) Before entering the vehicle, the authorised person must do or make a 12
reasonable attempt to do the following-- 13
(a) comply with section 247(1); 14
(b) tell the person the purpose of the entry; 15
(c) ask for the consent of the person to the entry; 16
(d) tell the person the authorised person is permitted under this Act 17
to enter the vehicle without consent. 18
(3) If the person in control of the vehicle is not present at the vehicle, the 19
authorised person must take reasonable steps to advise the person or the 20
owner of the vehicle of the authorised person's intention to enter the 21
vehicle. 22
(4) Subsection (3) does not require the authorised person to take a step 23
the authorised person reasonably believes may frustrate or otherwise 24
hinder the purpose of the intended entry. 25
260 Power to stop vehicles that may be entered 26
If a vehicle that an authorised person may enter under this part is moving 27
or about to move, the authorised person may signal the person in control of 28
the vehicle to stop, or not to move, the vehicle. 29
s 261 130 s 263
Land Protection (Pest and Stock Route Management)
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261 Failure to obey signal 1
(1) A person must not, without reasonable excuse, disobey a signal given 2
under section 260. 3
Maximum penalty--50 penalty units. 4
(2) It is a reasonable excuse for the person to disobey the signal if-- 5
(a) to immediately obey the signal would have endangered the 6
person or someone else; or 7
(b) the person obeys the signal as soon as it is practicable to obey it. 8
262 Other powers relating to vehicles that may be entered 9
(1) If an authorised person may enter a vehicle under this part, the 10
authorised person may require the person in control of the vehicle-- 11
(a) to give the authorised person reasonable help to enter the vehicle; 12
or 13
(b) to bring the vehicle to a stated place and remain in control of the 14
vehicle for a reasonable period to allow the authorised person to 15
exercise a power under this part; or 16
(c) to wash or clean the vehicle or anything in or on the vehicle to 17
remove any reproductive material of a declared pest plant. 18
(2) When making a requirement under subsection (1), the authorised 19
person must warn the person it is an offence to fail to comply with the 20
requirement unless the person has a reasonable excuse. 21
(3) A person must not, without reasonable excuse, fail to comply with 22
the requirement. 23
Maximum penalty--50 penalty units. 24
Division 3--Powers for entry to all places 25
263 General powers after entering places 26
(1) This section applies to an authorised person who, under this part, 27
may enter or has entered a place. 28
s 264 131 s 264
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(2) However, if an authorised person enters a place to ask the occupier's 1
consent to enter premises, this section applies to the authorised person only 2
if the consent is given or the entry is otherwise authorised. 3
(3) For monitoring or enforcing compliance with this Act, the authorised 4
person may do any of the following-- 5
(a) search any part of the place; 6
(b) inspect, measure, test, photograph or film any part of the place or 7
anything at the place; 8
(c) mark or seal a container or other thing at the place; 9
(d) open a container if the authorised person considers it is necessary 10
for exercising a power under this part; 11
(e) take a thing, or a sample of or from a thing, at the place for 12
analysis or testing; 13
(f) take extracts from, or make copies of, a document at the place; 14
(g) take into the place the equipment, persons or materials the 15
authorised person reasonably requires for exercising a power 16
under this part; 17
(h) require the occupier of the place, or a person at the place, to give 18
the authorised person-- 19
(i) reasonable help to exercise the authorised person's powers 20
under paragraphs (a) to (g); or 21
(ii) information to help the authorised person ascertain whether 22
the Act is being complied with. 23
(4) When making a requirement mentioned in subsection (3)(h), the 24
authorised person must warn the person it is an offence to fail to comply 25
with the requirement unless the person has a reasonable excuse. 26
264 Failure to help authorised person 27
(1) A person required to give reasonable help under section 263(3)(h)(i) 28
must comply with the requirement unless the person has a reasonable 29
excuse. 30
Maximum penalty--40 penalty units. 31
s 265 132 s 267
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(2) A person has a reasonable excuse if complying with the requirement 1
might tend to incriminate the person. 2
265 Failure to give information 3
(1) A person required to give information under section 263(3)(h)(ii) 4
must comply with the requirement unless the person has a reasonable 5
excuse. 6
Maximum penalty--40 penalty units. 7
(2) A person has a reasonable excuse if complying with the requirement 8
might tend to incriminate the person. 9
Division 4--Seizure 10
266 Power to seize evidence--entry without consent or warrant 11
An authorised person who enters a place under this part without consent 12
and without a warrant may seize a thing at the place only if the authorised 13
person reasonably believes-- 14
(a) the thing is evidence of an offence against this Act; and 15
(b) the seizure is necessary to prevent the thing being-- 16
(i) hidden, lost or destroyed; or 17
(ii) used to commit, continue or repeat an offence. 18
267 Power to seize evidence--entry with consent or warrant 19
(1) This section applies if an authorised person enters a place under this 20
part with the necessary consent of a person or with a warrant. 21
(2) If the authorised person enters a place with the necessary consent, the 22
authorised person may seize a thing at the place if-- 23
(a) the authorised person reasonably believes the thing is evidence of 24
an offence against this Act; and 25
(b) seizure of the thing is consistent with the purpose of entry as told 26
to the person when asking for the person's consent. 27
s 268 133 s 270
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(3) If the authorised person enters a place with a warrant, the authorised 1
person may seize the evidence for which the warrant was issued. 2
(4) The authorised person may seize anything else at the place if the 3
authorised person reasonably believes-- 4
(a) the thing is evidence of an offence against this Act; and 5
(b) the seizure is necessary to prevent the thing being-- 6
(i) hidden, lost or destroyed; or 7
(ii) used to commit, continue or repeat an offence. 8
(5) Also, the authorised person may seize a thing at the place if the 9
authorised person reasonably believes it has just been used in committing 10
an offence against this Act. 11
268 Securing seized things 12
Having seized a thing, an authorised person may-- 13
(a) move the thing from the place where it was seized (the "place of 14
seizure"); or 15
(b) leave the thing at the place of seizure but take reasonable action 16
to restrict access to it. 17
18
Examples of restricting access to a thing--
19
1. Sealing a thing in a container and marking the container to show access to the
20
thing is restricted.
21
2. Sealing the entrance to a room where a thing is situated and marking the entrance
22
to show access to the thing is restricted.
269 Offence to tamper with seized things 23
If an authorised person restricts access to a seized thing, a person must 24
not tamper, or attempt to tamper, with the thing, or something restricting 25
access to the thing, without an authorised person's approval. 26
Maximum penalty--100 penalty units. 27
270 Powers to support seizure 28
(1) To enable a thing to be seized, an authorised person may require the 29
person in control of it-- 30
s 271 134 s 271
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(a) to take it to a stated reasonable place by a stated reasonable time; 1
and 2
(b) if necessary, to remain in control of it at the stated place for a 3
stated reasonable period. 4
(2) The requirement-- 5
(a) must be made by notice in the approved form; or 6
(b) if for any reason it is not practicable to give the notice, may be 7
made orally and confirmed by notice in the approved form as 8
soon as practicable. 9
(3) A further requirement may be made under this section about the 10
thing if it is necessary and reasonable to make the further requirement 11
(4) A person of whom a requirement is made under subsection (1) or (3) 12
must comply with the requirement unless the person has a reasonable 13
excuse. 14
Maximum penalty for subsection (4)--100 penalty units. 15
271 Receipts for seized things 16
(1) As soon as practicable after an authorised person seizes a thing, the 17
authorised person must give a receipt for it to the person from whom it was 18
seized. 19
(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the authorised person must leave the receipt at the place of 21
seizure in a conspicuous position and in a reasonably secure way. 22
(3) The receipt must-- 23
(a) describe generally each thing seized and its condition; and 24
(b) if it is a declared pest that is seized in relation to a declared pest 25
offence, state-- 26
(i) the time the pest was seized; and 27
(ii) that the pest's owner may produce to the authorised person, 28
within 48 hours after the seizure, the declared pest permit 29
for the pest; and 30
(iii) if the permit is not produced in the 48 hours, the authorised 31
person may destroy or dispose of the pest. 32
s 272 135 s 274
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(4) This section does not apply to a thing if it is impracticable or would 1
be unreasonable to give the receipt, given the thing's nature, condition and 2
value. 3
272 Return of seized things 4
(1) If a seized thing is not forfeited, or destroyed or disposed of under 5
section 274(3), the authorised person must return it to its owner-- 6
(a) at the end of 6 months; or 7
(b) if a proceeding for an offence involving the thing is started within 8
6 months--at the end of the proceeding and any appeal from the 9
proceeding. 10
(2) Despite subsection (1), unless the thing is forfeited, or destroyed or 11
disposed of under section 274(3), the authorised person must immediately 12
return a thing seized to its owner if the authorised person stops being 13
satisfied-- 14
(a) its continued retention as evidence is necessary; or 15
(b) its continued retention is necessary to prevent the thing being 16
used to continue, or repeat, the offence. 17
273 Access to seized things 18
(1) Until a seized thing is forfeited, destroyed or disposed of under 19
section 274(3), or returned, an authorised person must allow its owner to 20
inspect it and, if it is a document, to copy it. 21
(2) Subsection (1) does not apply if it is impracticable or would be 22
unreasonable to allow the inspection or copying. 23
274 Destruction or disposal of seized things 24
(1) This section applies if an authorised person-- 25
(a) reasonably suspects a person has committed a declared pest 26
offence; and 27
(b) seizes a declared pest in relation to the offence. 28
s 275 136 s 275
Land Protection (Pest and Stock Route Management)
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(2) The authorised person must give the owner of the pest an opportunity 1
to produce the declared pest permit for the pest within 48 hours after 2
seizing it. 3
(3) If the owner does not produce the permit to the authorised person 4
within the 48 hours, the authorised person may destroy or dispose of the 5
pest in a reasonable way decided by the authorised person. 6
(4) If the authorised person destroys or disposes of the pest, the 7
authorised person must give the owner of the pest a notice stating-- 8
(a) that the pest has been destroyed or disposed of; and 9
(b) the reason for the destruction or disposal. 10
(5) Compensation is not payable for destruction or disposal of a declared 11
pest under this section. 12
Division 5--Forfeiture 13
275 Forfeiture by authorised person 14
(1) A thing that has been seized under division 4 is forfeited to the State 15
if the authorised person who seized the thing-- 16
(a) can not find its owner, after making reasonable inquiries; or 17
(b) can not return it to its owner, after making reasonable efforts. 18
(2) For subsection (1), the authorised person is not required to-- 19
(a) make inquiries if it would be unreasonable to make inquiries to 20
find the owner; or 21
(b) make efforts if it would be unreasonable to make efforts to return 22
the thing to its owner. 23
24
Example for subsection (2)(b)--
25
The owner of the thing has migrated to another country.
(3) Regard must be had to a thing's nature, condition and value in 26
deciding-- 27
(a) whether it is reasonable to make inquiries or efforts; and 28
(b) if inquiries or efforts are made--what inquiries or efforts, 29
including the period over which they are made, are reasonable. 30
s 276 137 s 278
Land Protection (Pest and Stock Route Management)
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276 Forfeiture on conviction 1
(1) On conviction of a person for an offence against this Act, the court 2
may order the forfeiture to the State of anything owned by the person and 3
seized under division 4. 4
(2) The court may make any order to enforce the forfeiture it considers 5
appropriate. 6
(3) This section does not limit the court's powers under the Penalties 7
and Sentences Act 1992 or another law. 8
277 Dealing with forfeited things 9
(1) On forfeiture of a thing to the State, the thing becomes the State's 10
property and may be dealt with by the chief executive as the chief 11
executive considers appropriate. 12
(2) Without limiting subsection (1), the chief executive may destroy or 13
dispose of the thing. 14
Division 6--Other powers 15
278 Power to require name and address 16
(1) This section applies if-- 17
(a) an authorised person finds a person committing an offence 18
against this Act; or 19
(b) an authorised person finds a person in circumstances that lead, or 20
has information that leads, the authorised person to reasonably 21
suspect the person has just committed an offence against this Act. 22
(2) The authorised person may require the person to state the person's 23
name and residential address. 24
(3) When making the requirement, the authorised person must warn the 25
person it is an offence to fail to state the person's name or residential 26
address unless the person has a reasonable excuse. 27
(4) The authorised person may require the person to give evidence of the 28
correctness of the stated name or residential address if the authorised 29
person reasonably suspects the stated name or address is false. 30
s 279 138 s 282
Land Protection (Pest and Stock Route Management)
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279 Failure to give name or address 1
(1) A person of whom a requirement is made under section 278(2) or (4) 2
must comply with the requirement unless the person has a reasonable 3
excuse. 4
Maximum penalty--40 penalty units. 5
(2) A person does not commit an offence against subsection (1) if-- 6
(a) the person was required to state the person's name and residential 7
address by an authorised person who suspected the person had 8
committed an offence against this Act; and 9
(b) the person is not proved to have committed the offence. 10
280 Power to require information 11
(1) This section applies if an authorised person reasonably believes-- 12
(a) an offence against this Act has been committed; and 13
(b) a person may be able to give information about the offence. 14
(2) The authorised person may, by notice given to the person, require the 15
person to give information about the offence to the authorised person at a 16
stated reasonable place and at a stated reasonable time. 17
281 Failure to give information 18
(1) A person of whom a requirement is made under section 280 must 19
comply with the requirement unless the person has a reasonable excuse. 20
Maximum penalty--40 penalty units. 21
(2) It is a reasonable excuse for a person not to give the information if 22
giving the information might tend to incriminate the person. 23
282 Power to require production of documents 24
(1) An authorised person may require a person to make available for 25
inspection by an authorised person, or produce to the authorised person for 26
inspection, at a reasonable time and place nominated by the authorised 27
person-- 28
(a) a document issued to the person under this Act; or 29
s 283 139 s 285
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(b) a document required to be kept by the person under this Act. 1
(2) The authorised person may keep the document to copy it. 2
(3) The authorised person must return the document to the person as 3
soon as practicable after copying it. 4
283 Failure to produce document 5
(1) A person required to make available, or produce, for inspection a 6
document under section 282(1) must comply with the requirement unless 7
the person has a reasonable excuse. 8
Maximum penalty--40 penalty units. 9
(2) A person has a reasonable excuse if complying with the requirement 10
might tend to incriminate the person. 11
PART 4--NOTICE OF DAMAGE 12
284 Application of pt 4 13
(1) This part applies if-- 14
(a) an authorised person damages something when exercising, or 15
purporting to exercise a power, under part 3; or 16
(b) a person acting under the direction or authority of an authorised 17
person damages something. 18
(2) However, this part does not apply to damage the authorised person 19
reasonably believes is trivial. 20
285 Requirement to give notice of damage 21
(1) The authorised person must promptly give written notice of the 22
damage to the person who appears to the authorised person to be the owner 23
or person in possession of the thing. 24
(2) If for any reason it is not practicable to comply with subsection (1), 25
the authorised person must leave the notice in a conspicuous position and 26
in a reasonably secure way where the damage happened. 27
s 286 140 s 287
Land Protection (Pest and Stock Route Management)
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(3) The notice must state-- 1
(a) the particulars of the damage; and 2
(b) that the person who suffered the damage may claim 3
compensation under section 302.17 4
(4) If the authorised person believes the damage was caused by a latent 5
defect in the thing or other circumstances beyond the control of the 6
authorised person, or person acting under the direction or authority of the 7
authorised person, the authorised person may state the belief in the notice. 8
PART 5--OTHER OFFENCES 9
286 False or misleading statements 10
(1) A person must not state anything to an authorised person that the 11
person knows is false or misleading in a material particular. 12
Maximum penalty--40 penalty units. 13
(2) In a proceeding for an offence against subsection (1), it is enough to 14
state the statement made was `false or misleading' to the person's 15
knowledge, without specifying which. 16
287 False or misleading documents 17
(1) A person must not give an authorised person a document containing 18
information the person knows to be false or misleading in a material 19
particular. 20
Maximum penalty--40 penalty units. 21
(2) In a proceeding for an offence against subsection (1), it is enough to 22
state the document was `false or misleading' to the person's knowledge, 23
without specifying which. 24
17 Section 302 (Compensation)
s 288 141 s 291
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288 Obstructing authorised person 1
(1) A person must not obstruct an authorised person, or someone helping 2
an authorised person, exercising a power under this Act, unless the person 3
has a reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(2) If a person has obstructed an authorised person, or someone helping 6
an authorised person, and the authorised person decides to proceed with the 7
exercise of the power, the authorised person must warn the person that-- 8
(a) it is an offence to cause an obstruction unless the person has a 9
reasonable excuse; and 10
(b) the authorised person considers the person's conduct an 11
obstruction. 12
(3) In this section-- 13
"obstruct" includes assault and threaten to obstruct. 14
289 Impersonation of authorised person 15
A person must not pretend to be an authorised person. 16
Maximum penalty--50 penalty units. 17
CHAPTER 8--EVIDENCE AND LEGAL 18
PROCEEDINGS 19
PART 1--EVIDENCE 20
290 Application of pt 1 21
This part applies to a proceeding under this Act. 22
291 Appointments 23
It is not necessary to prove the following-- 24
s 292 142 s 293
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(a) the chief executive's appointment; 1
(b) the appointment of the chief executive officer of a local 2
government; 3
(c) the appointment of the chairperson of the land protection 4
council; 5
(d) a director's appointment; 6
(e) an authorised person's appointment. 7
292 Signatures 8
A signature purporting to be the signature of a person mentioned in 9
section 291 is evidence of the signature it purports to be. 10
293 Evidentiary aids 11
A certificate purporting to be signed by the chief executive, or the chief 12
executive of a local government, stating any of the following matters is 13
evidence of the matter-- 14
(a) a stated document is one of the following things made, given, 15
issued or kept under this Act-- 16
(i) an appointment, approval or decision; 17
(ii) a notice, direction or requirement; 18
(iii) a permit; 19
(b) a stated document is another document kept under this Act; 20
(c) a stated document is a copy of a thing mentioned in paragraph (a) 21
or (b); 22
(d) on a stated day, or during a stated period, a stated person was or 23
was not the holder of a permit; 24
(e) on a stated day, or during a stated period, a permit-- 25
(i) was or was not in force; or 26
(ii) was or was not subject to a stated condition; 27
(f) on a stated day a permit was suspended for a stated period, 28
surrendered or cancelled; 29
s 294 143 s 295
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(g) on a stated day, or during a stated period, a stated appointment, 1
including a person's appointment as an authorised person, or a 2
stated approval was, or was not, in force for a stated person or 3
thing; 4
(h) on a stated day-- 5
(i) a stated person was given a stated notice or direction under 6
this Act; or 7
(ii) a stated requirement under this Act was made of a stated 8
person; 9
(i) a stated amount is payable under this Act by a stated person. 10
PART 2--LEGAL PROCEEDINGS 11
294 Summary proceedings for offences 12
(1) A proceeding for an offence against this Act must be taken in a 13
summary way under the Justices Act 1886. 14
(2) The proceeding must start within-- 15
(a) 1 year after the commission of the offence; or 16
(b) 1 year after the commission of the offence comes to the 17
complainant's knowledge, but within 2 years after the 18
commission of the offence. 19
295 Recovering costs of taking action because of an offence 20
(1) This section applies if, in a proceeding for a declared pest offence or 21
an offence against section 55, 92 or 9318-- 22
(a) the court-- 23
(i) convicts the defendant; and 24
18 Section 55 (Damaging, or making openings in, a declared pest fence), 92
(Contravening emergency quarantine notice) or 93 (Contravening authorised
person's direction)
s 296 144 s 297
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(ii) finds the chief executive, a local government or a pest 1
operational board (the "prosecuting entity") has 2
reasonably incurred costs and expenses in taking action 3
because of the offence; and 4
(b) the prosecuting entity applies to the court for an order against the 5
defendant for the payment of the costs and expenses. 6
(2) The court may order the defendant to pay the prosecuting entity's 7
reasonable costs and expenses in taking the action only if satisfied it would 8
be just to make the order in the circumstances of the particular case. 9
(3) This section does not limit the court's powers under the Penalties 10
and Sentences Act 1992 or any other law. 11
CHAPTER 9--APPEALS 12
296 Appeals against appealable decisions 13
An aggrieved person for an appealable decision may appeal to a 14
Magistrates Court against the decision.19 15
297 Starting appeal 16
(1) An appeal is started by-- 17
(a) filing notice of appeal with the clerk of the Magistrates Court; 18
and 19
(b) giving a copy of the notice to the person who made the decision 20
appealed against (the "decision maker"); and 21
(c) complying with rules of court applicable to the appeal. 22
(2) The notice must be filed within 28 days after the appellant receives 23
notice of the decision appealed against. 24
(3) However, the court may at any time extend the period for filing the 25
notice of appeal. 26
19 Aggrieved persons and appealable decisions are in schedule 1.
s 298 145 s 300
Land Protection (Pest and Stock Route Management)
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(4) The notice of appeal must state fully the grounds of the appeal and 1
the facts relied on. 2
298 Stay of operation of decisions 3
(1) The Magistrates Court may stay a decision appealed against to secure 4
the effectiveness of the appeal. 5
(2) A stay-- 6
(a) may be given on conditions the court considers appropriate; and 7
(b) has effect for the period fixed by the court; and 8
(c) may be amended or revoked by the court. 9
(3) The period of a stay must not extend past the time when the court 10
decides the appeal. 11
(4) An appeal against a decision affects the decision, or the carrying out 12
of the decision, only if the decision is stayed. 13
299 Hearing procedures 14
(1) In deciding an appeal, the Magistrates Court-- 15
(a) is not bound by the rules of evidence; and 16
(b) must comply with natural justice; and 17
(c) may hear the appeal in court or in chambers. 18
(2) An appeal is by way of rehearing, unaffected by the review decision. 19
300 Powers of court on appeal 20
(1) In deciding an appeal, the Magistrates Court may-- 21
(a) confirm the decision appealed against; or 22
(b) vary the decision; or 23
(c) set aside the decision and substitute another decision; or 24
(d) set aside the decision and return the matter to the decision maker 25
with directions the court considers appropriate. 26
s 301 146 s 302
Land Protection (Pest and Stock Route Management)
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(2) The decision as varied may be any decision the decision maker may 1
make. 2
(3) If the court substitutes another decision, the substituted decision is, 3
for the purposes of this Act, other than this chapter, taken to be the decision 4
of the decision maker. 5
(4) The court may make an order for costs it considers appropriate. 6
301 Appeal to district court 7
(1) A party dissatisfied by the decision of the Magistrates Court may 8
appeal to the District Court, but only on a question of law. 9
(2) On hearing the appeal, the District Court may make an order for costs 10
it considers appropriate. 11
CHAPTER 10--MISCELLANEOUS PROVISIONS 12
302 Compensation 13
(1) This section applies if a person incurs loss or damage because of the 14
exercise or purported exercise of a power under this Act, other than 15
section 72, 95, 170, 172 or 274.20 16
(2) The person is entitled to be paid the reasonable compensation 17
because of the loss or damage that is agreed between the compensating 18
entity and the person, or failing agreement, decided by a court. 19
(3) Compensation may be claimed and ordered to be paid in a 20
proceeding-- 21
(a) brought in a court with jurisdiction for the recovery of the 22
amount of compensation claimed; or 23
(b) for an offence against this Act brought against the person 24
claiming compensation. 25
20 Section 72 (Direction to dispose of declared pest), 95 (Destruction of particular
dogs), 170 (Dealing with seized stock), 172 (Destroying other stray stock) or 274
(Destruction or disposal of seized things)
s 303 147 s 304
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(4) A court may order compensation to be paid only if satisfied it is just 1
to make the order in the circumstances of the particular case. 2
(5) A regulation may prescribe matters that may, or must, be taken into 3
account by the court when considering whether it is just to make the order. 4
(6) In this section-- 5
"compensating entity" means, for loss or damage incurred because of the 6
exercise or purported exercise of a power by-- 7
(a) the chief executive or an authorised person appointed by the 8
chief executive--the chief executive; or 9
(b) a pest operational board or an authorised person appointed by the 10
board--the pest operational board; or 11
(c) the chief executive officer of a local government or an authorised 12
person appointed by the chief executive officer--the chief 13
executive officer. 14
303 Advisory committees 15
(1) The Minister may establish committees to advise the Minister. 16
(2) The Minister may decide-- 17
(a) the functions or terms of reference of a committee; and 18
(b) the membership of a committee; and 19
(c) how a committee is to operate. 20
(3) A committee member is entitled to be paid the fees and allowances 21
decided by the Governor in Council. 22
304 Delegation by Minister 23
(1) The Minister may delegate the Minister's powers under this Act to-- 24
(a) a pest operational board; or 25
(b) an appropriately qualified public service officer. 26
(2) However, the Minister may not delegate the Minister's power to-- 27
(a) require a local government to pay an amount under section 187; 28
or 29
s 305 148 s 305
Land Protection (Pest and Stock Route Management)
Bill 2001
(b) direct the land protection council to make a recommendation to 1
the Minister under section 190(b)(ix); or 2
(c) request the land protection council to perform its functions under 3
section 191(1); or 4
(d) ask the land protection council to call a meeting under 5
section 201(3)(b); or 6
(e) give a pest operational board directions about performing its 7
functions under section 219(1); or 8
(f) establish an advisory committee under section 303. 9
305 Delegation by chief executive 10
(1) The chief executive may delegate the chief executive's powers under 11
this Act to any of the following persons-- 12
(a) the chief executive officer of a local government; 13
(b) a pest operational board; 14
(c) an officer of the department, or other person, the chief executive 15
considers is appropriately qualified to exercise the power. 16
(2) However, the chief executive may not delegate the chief executive's 17
power to-- 18
(a) make an emergency pest notice under section 37(2); or 19
(b) nominate a person to be a member of the land protection council 20
under section 193(1)(b).21 21
(3) The chief executive officer of a local government may subdelegate to 22
an appropriately qualified person a power delegated to the chief executive 23
officer under subsection (1). 24
(4) A delegation of a power under subsection (1) to a pest operational 25
board or an officer of the department may permit the subdelegation of the 26
power to an appropriately qualified person. 27
21 Section 37 (Declaring declared pests by emergency pest notice) and section 193
(Membership of land protection council)
s 306 149 s 307
Land Protection (Pest and Stock Route Management)
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306 Delegation by local government 1
A local government may delegate its powers under this Act as if this Act 2
were a local government Act as defined under the Local Government 3
Act 1993.22 4
307 Protection from liability 5
(1) This section applies to each of the following persons (a "relevant 6
person")-- 7
(a) the Minister; 8
(b) the chief executive; 9
(c) an officer or employee of the department; 10
(d) the chief executive officer of a local government; 11
(e) an officer or employee of a local government; 12
(f) a director; 13
(g) an employee of a pest operational board; 14
(h) an authorised person; 15
(i) a person helping an authorised person at the authorised person's 16
direction. 17
(2) A relevant person is not civilly liable to someone for an act done, or 18
an omission made, honestly and without negligence under this Act. 19
(3) If subsection (1) prevents a civil liability attaching to a relevant 20
person, the liability attaches instead to-- 21
(a) for a relevant person mentioned in subsection (1)(a), (b) or (c), an 22
authorised person appointed by the chief executive or a person 23
helping the authorised person at the authorised person's 24
direction--the State; or 25
(b) for a relevant person mentioned in subsection (1)(d) or (e), an 26
authorised person appointed by the chief executive officer of a 27
local government or a person helping the authorised person at the 28
authorised person's direction--the local government; or 29
22 See the Local Government Act 1993, section 472 (Delegation by local government).
s 308 150 s 310
Land Protection (Pest and Stock Route Management)
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(c) for a relevant person mentioned in subsection (1)(f) or (g), an 1
authorised person appointed by a pest operational board or a 2
person helping the authorised person at the authorised person's 3
direction--the pest operational board. 4
(4) In this section-- 5
"civil liability" includes liability for the payment of costs ordered to be 6
paid in a proceeding for an offence against this Act. 7
308 Approved forms 8
The chief executive may approve forms for use under this Act. 9
309 Regulation-making power 10
(1) The Governor in Council may make regulations under this Act. 11
(2) A regulation may-- 12
(a) be made about charges, costs or fees payable under this Act; and 13
(b) declare a road or route to be a stock route. 14
(3) A regulation may impose a penalty of no more than 20 penalty units 15
for contravention of a regulation. 16
CHAPTER 11--REPEAL, SAVINGS AND 17
TRANSITIONAL PROVISIONS 18
PART 1--REPEAL 19
310 Act repealed 20
The Rural Lands Protection Act 1985 is repealed. 21
s 311 151 s 313
Land Protection (Pest and Stock Route Management)
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PART 2--SAVINGS AND TRANSITIONAL PROVISIONS 1
Division 1--Preliminary 2
311 Definitions for pt 2 3
In this part-- 4
"commencement" means the day section 310 commences. 5
"former Act" means the Rural Lands Protection Act 1985. 6
"former authority" means the Darling DownsMoreton Rabbit Board 7
established under the former Act. 8
"former protection board" means the Rural Lands Protection Board 9
established under the former Act. 10
"rabbit board" means the pest operational board established under 11
section 313. 12
Division 2--Savings and transitional provisions 13
312 Dissolution of former protection board 14
(1) On the commencement-- 15
(a) the former protection board is dissolved; and 16
(b) the members of the board go out of office. 17
(2) No compensation is payable to a member because of subsection (1). 18
313 Continuing Darling DownsMoreton Rabbit Board 19
(1) On or before the commencement, the Governor in Council must, by 20
regulation, establish a pest operational board to carry out pest management 21
activities for rabbits in the rabbit district under the former Act. 22
(2) The pest operational board-- 23
(a) must have the same name as the former authority; and 24
s 314 152 s 316
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(b) is the successor in law of the former authority that ceased to exist 1
on the repeal of the former Act. 2
(3) The regulation takes effect on the commencement. 3
314 Members of board of former authority 4
(1) This section applies to a person who, immediately before the 5
commencement, was a member of the board of the former authority. 6
(2) On the commencement, the person-- 7
(a) is taken to be appointed, under section 222, as a director of the 8
rabbit board; and 9
(b) holds office on the conditions not provided for by this Act that 10
are decided by the Minister. 11
(3) The term of the appointment ends when the first of the following 12
happens-- 13
(a) the term of the member's appointment under the former Act 14
ends; 15
(b) the office becomes vacant under section 227. 16
315 Employees of former authority 17
(1) This section applies to a person who, immediately before the 18
commencement, was an employee of the former authority. 19
(2) On the commencement, the person becomes an employee of the 20
rabbit board. 21
(3) The person-- 22
(a) must be employed on the person's existing or equivalent terms 23
and conditions of employment; and 24
(b) remains entitled to all existing and accruing rights of 25
employment. 26
316 Vesting of former authority's assets, rights and liabilities 27
(1) On the commencement, the assets, rights and liabilities of the former 28
authority vest in the rabbit board. 29
s 317 153 s 318
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(2) If, under another Act, a person is responsible for keeping a register 1
about dealings with an asset mentioned in subsection (1), the rabbit board 2
must do all acts and things necessary to record the vesting in the register. 3
317 Vesting of former authority's pending legal proceedings 4
(1) This section applies to a legal proceeding that-- 5
(a) was taken by or against a following entity before the 6
commencement-- 7
(i) the former authority; 8
(ii) a member of the board of the former authority in the 9
person's capacity as a member of the former authority; and 10
(b) has not been finished before the commencement. 11
(2) From the commencement, the proceeding may be continued and 12
finished by or against the rabbit board. 13
318 Existing permission about animals or plants 14
(1) This section applies to a permission-- 15
(a) given by the Minister under the former Act allowing a person-- 16
(i) to bring an animal or plant into the State; or 17
(ii) to keep or sell an animal or plant; and 18
(b) in force immediately before the commencement. 19
(2) From the commencement, the permission continues in force, subject 20
to this Act, as if it were a declared pest permit issued under this Act for a 21
following purpose-- 22
(a) for a permission to bring an animal or plant into the State and 23
keep it for educational purposes--public education; 24
(b) for a permission to bring an animal or plant into the State and 25
keep it for entertainment purposes--circus; 26
(c) for a permission to bring an animal or plant into the State and 27
keep it for exhibition purposes--wildlife park or zoo; 28
s 319 154 s 321
Land Protection (Pest and Stock Route Management)
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(d) for a permission to bring an animal or plant into the State and 1
keep it for scientific purposes--scientific research; 2
(e) for another permission--commercial. 3
319 Existing permission about travelling or depasturing stock 4
(1) This section applies to a permission given under the former Act, and 5
in force immediately before the commencement, allowing a person to 6
travel or depasture stock. 7
(2) From the commencement, the permission continues in force, subject 8
to this Act, as if it were a stock route travel permit or stock route agistment 9
permit. 10
320 Application for permission to travel or depasture stock 11
(1) This section applies to an application, under the former Act, for a 12
permission to travel or depasture stock that is not finally decided before the 13
commencement. 14
(2) The application may be decided as if it were an application for a 15
stock route travel permit or stock route agistment permit. 16
321 Application for permission about animals or plants 17
(1) This section applies to an application, under the former Act, for a 18
permission to bring an animal or plant into the State, or to keep or sell an 19
animal or plant, that is not finally decided before the commencement. 20
(2) The application may be decided as if it were an application for a 21
declared pest permit for 1 of the following purposes-- 22
(a) for an application to bring an animal or plant into the State and 23
keep it for educational purposes--public education; 24
(b) for an application to bring an animal or plant into the State and 25
keep it for entertainment purposes--circus; 26
(c) for an application to bring an animal or plant into the State and 27
keep it for exhibition purposes--wildlife park or zoo; 28
s 322 155 s 325
Land Protection (Pest and Stock Route Management)
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(d) for an application to bring an animal or plant into the State and 1
keep it for scientific purposes--scientific research; 2
(e) for another application--commercial. 3
322 Barrier fences under former Act 4
(1) This section applies to a fence established and maintained under the 5
former Act, section 179(1), to restrict the movement of dingoes or rabbits. 6
(2) From the commencement, the fence is taken to be-- 7
(a) for a fence restricting the movement of dingoes--a declared pest 8
fence for dingoes; and 9
(b) for a fence restricting the movement of rabbits--a declared pest 10
fence for rabbits. 11
323 Existing notice to control declared animals or plants 12
(1) This section applies to a notice given to a person under the former 13
Act, section 81, and in force immediately before the commencement. 14
(2) The notice continues in force and any contravention of it may be 15
prosecuted under the former Act, section 82. 16
324 Existing endorsement on register kept under the Land Act or 17
Land Title Act 18
(1) This section applies to an endorsement made-- 19
(a) in a register kept under the Land Act or Land Title Act; and 20
(b) under the former Act, section 113(1), 176(1), 185(1) or 204(1). 21
(2) The chief executive for lands who made the endorsement must 22
remove the endorsement from the register. 23
325 Existing agreement about water facilities 24
(1) This section applies to an agreement between a local government and 25
an owner of land about a matter mentioned in section 163(1) if the 26
agreement was-- 27
(a) entered into under another Act; and 28
s 326 156 s 328
Land Protection (Pest and Stock Route Management)
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(b) in force immediately before the commencement. 1
(2) From the commencement, the agreement is taken to be a water 2
facility agreement entered into under this Act. 3
(3) Subject to subsection (4), the agreement's conditions continue to 4
apply. 5
(4) Unless the agreement is sooner terminated, it expires 2 years after the 6
commencement or, if the agreement provides for an earlier expiration day, 7
on the earlier expiration day. 8
(5) The chief executive for lands who made, under the former Act, 9
section 60, an endorsement about the agreement on a register kept under 10
the Land Act or Land Title Act must-- 11
(a) remove the endorsement; and 12
(b) make a record of the application of this section for the effective 13
and efficient operation of the register. 14
326 References to former Act 15
In an Act or document, a reference to the former Act may, if the context 16
permits, be taken to be a reference to this Act. 17
327 References to former protection board and former authority 18
In an Act or document, if the context permits-- 19
(a) a reference to the former protection board may be taken to be a 20
reference to the land protection council; and 21
(b) a reference to the former authority may be taken to be a reference 22
to the rabbit board. 23
328 References to former fund 24
(1) In an Act or document, a reference to the former fund may, if the 25
context permits, be taken to be a reference to the Land Protection Fund. 26
(2) In subsection (1)-- 27
"former fund" means the Rural Lands Protection Fund established under 28
the former Act. 29
s 329 157 s 329
Land Protection (Pest and Stock Route Management)
Bill 2001
CHAPTER 12--CONSEQUENTIAL AMENDMENTS 1
329 Acts amended 2
Schedule 2 amends the Acts it mentions. 3
158
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 1 1
APPEALABLE DECISIONS AND AGGRIEVED 2
PERSONS 3
section 296 and schedule 3, definitions "aggrieved person" and 4
"appealable decision" 5
Appealable decision Aggrieved person
Requiring a person to restore a The person given the notice
declared pest fence (section 53(2))
Imposing conditions on a declared The permit holder
pest permit (section 61(1))
Refusing to issue a declared pest The applicant
permit (section 63)
Suspending or cancelling a declared The permit holder
pest permit (sections 66(3) and
69(2))
Giving a land owner a pest control The land owner
notice (section 78(2))
Refusing to extend compliance The land owner given the
period for pest control notice notice
(79(3)(b))
159
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 1 (continued)
Appealable decision Aggrieved person
Confirming issuing entity's decision The applicant or permit holder
about a stock route agistment permit
or amending the permit conditions
other than in the way asked by the
permit holder (section 129(2))
Confirming issuing entity's decision The applicant or permit holder
about a stock route travel permit or
amending the permit conditions
other than in the way asked by the
permit holder (section 145(2))
Giving a land owner a fencing The land owner
notice (section 149(1))
Giving a permit holder a mustering The permit holder
notice (section 156(1))
Requiring a land owner to reduce The land owner
the number of stock on the owner's
land (section 161(2))
160
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 2 1
CONSEQUENTIAL AMENDMENT OF ACTS 2
section 329 3
FISHERIES ACT 1994 4
1 Section 8(2)-- 5
omit, insert-- 6
`(2) "Marine plant" does not include a plant that is a declared pest 7
under the Land Protection (Pest and Stock Route Management) Act 2001.'. 8
FORESTRY ACT 1959 9
1 Section 5, definition "forest products", before `grasses'-- 10
insert-- 11
`grasses on a stock route under the Land Protection (Pest and Stock 12
Route Management) Act 2001, or'. 13
LAND ACT 1994 14
1 Section 433-- 15
omit. 16
161
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 2 (continued)
2 Schedule 6, definition "noxious plant"-- 1
omit, insert-- 2
` "noxious plant" means a plant that is a declared pest under the Land 3
Protection (Pest and Stock Route Management) Act 2001.'. 4
POLICE POWERS AND RESPONSIBILITIES ACT 2000 5
1 Schedule 1, `Rural Lands Protection Act 1985'-- 6
omit. 7
STOCK ACT 1915 8
1 Section 4, definition "stock route"-- 9
omit, insert-- 10
` "stock route" means a stock route under the Land Protection (Pest and 11
Stock Route Management) Act 2001.'. 12
2 Section 12(2)(b)-- 13
omit. 14
3 Section 37(1)(b)-- 15
omit. 16
162
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 2 (continued)
TRANSPORT INFRASTRUCTURE ACT 1994 1
1 Section 22, definition "ancillary works and encroachments", 2
paragraph (b)(xiii), `the Rural Lands Protection Act 1985'-- 3
omit, insert-- 4
`a stock route travel permit under the Land Protection (Pest and Stock 5
Route Management) Act 2001'. 6
WATER ACT 2000 7
1 Section 215-- 8
insert-- 9
`(2) However, subsection (1) does not apply to water taken under a 10
licence that is attached to land the subject of a water facility agreement 11
under the Land Protection (Pest and Stock Route Management) Act 2001.'. 12
163
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 1
DICTIONARY 2
section 8 3
"aggrieved person", for an appealable decision, means a person stated 4
opposite the decision in schedule 1. 5
"agistment period" see section 120. 6
"animal" means a member of the animal kingdom, other than a human or 7
protected animal under the Nature Conservation Act 1992, and 8
includes the whole or any part of the progeny, larvae, pupae, eggs or 9
genetic or reproductive material of the animal. 10
"appealable decision" means a decision stated in schedule 1. 11
"appointing authority", for an authorised person, means the chief 12
executive, pest operational board or the chief executive officer of a 13
local government appointing the authorised person. 14
"appropriately qualified", to exercise a power, includes having the 15
qualifications, experience or standing appropriate to exercise the 16
power. 17
18
Example of "standing"--
19
A person's classification level in the public service.
"approved form" means a form approved under section 308. 20
"authorised person" means a person appointed as an authorised person 21
under section 244. 22
"building authority" see section 48(1). 23
"building line", for a declared pest fence, means the building line fixed 24
under section 47(1) for the fence. 25
"category", of a declared pest, means the following-- 26
(a) class 1 pest; 27
(b) class 2 pest; 28
(c) class 3 pest. 29
164
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
"chairperson" means-- 1
(a) for chapter 5--the chairperson of the land protection council; or 2
(b) for chapter 6--the chairperson of a pest operational board's 3
board of directors. 4
"chief executive for lands" means-- 5
(a) for leasehold land--the chief executive under the Land Act; or 6
(b) for freehold land--the registrar of titles under the Land Title Act. 7
"class 1 pest" means a declared pest declared to be a class 1 pest under 8
section 36 or 37(2). 9
"class 2 pest" means a declared pest declared to be a class 2 pest under 10
section 36 or 37(2). 11
"class 3 pest" means a declared pest declared to be a class 3 pest under 12
section 36 or 37(2). 13
"compliance period", for a pest control notice, see section 78(2)(c). 14
"convicted" means found guilty or having a plea of guilty accepted by a 15
court, whether or not a conviction is recorded. 16
"decision maker", for chapter 9, see section 297(1)(b). 17
"declared pest" means a live animal or plant declared to be a declared pest 18
under section 36 or 37(2), and includes reproductive material of the 19
animal or plant. 20
"declared pest animal" means an animal that is a declared pest. 21
"declared pest fence" see section 47(1). 22
"declared pest offence" means an offence against chapter 2, part 5, 23
division 2. 24
"declared pest permit" means a permit issued under chapter 2, part 7, 25
division 1. 26
"declared pest plant" means a plant that is a declared pest. 27
"director" means a director of the board of directors of a pest operational 28
board. 29
"emergency pest notice" see section 37(2). 30
165
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
"emergency quarantine notice" see section 90(1). 1
"entry notice" see section 80(1). 2
"fee" includes a tax. 3
"fencing notice" see section 149. 4
"fund" see section 209. 5
"holder", of a permit, means the person to whom it is issued. 6
"guidelines for pest management" means the guidelines about managing 7
declared pests prepared under section 15. 8
"information notice", for a decision of the chief executive, chief executive 9
officer of a local government or a pest operational board, means a 10
written notice stating-- 11
(a) the decision; and 12
(b) the reasons for the decision; and 13
(c) that the person to whom the notice is given may appeal against 14
the decision to a Magistrates Court within 28 days after the 15
person receives the notice; and 16
(d) how to appeal. 17
"introduce" means to introduce, or cause to introduce, into the State. 18
"issuing entity", for-- 19
(a) a pest control notice, means -- 20
(i) for a declared pest the subject of a pest control campaign 21
directed and managed by the chief executive to control or 22
eradicate the declared pest--the chief executive; or 23
(ii) for a declared pest on land in the operational area of a pest 24
operational board--the pest operational board; or 25
(iii) otherwise--the local government for the local government 26
area in which the land to which the notice relates is situated; 27
or 28
(b) a stock route agistment permit--see section 116(1); or 29
(c) a stock route travel permit--see section 134(1). 30
166
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
"keep", in relation to a declared pest, includes have in possession, or under 1
control, in any place. 2
"land" means land above high water mark, and includes-- 3
(a) the airspace above the land; and 4
(b) Queensland waters on the land. 5
"Land Act" means the Land Act 1994. 6
"land protection council" means the Land Protection (Pest and Stock 7
Route Management) Council established under section 189. 8
"Land Title Act" means the Land Title Act 1994. 9
"mustering notice" see section 156. 10
"native wildlife" means any taxon or species of animal or plant indigenous 11
to Australia. 12
"notifiable disease" means a notifiable disease as defined under the Stock 13
Act 1915, section 4. 14
"obstruct" includes hinder, resist and attempt to obstruct. 15
"operational area" see section 213(1). 16
"owner"-- 17
(a) of land, means-- 18
(i) for freehold land--the registered proprietor; or 19
(ii) for land that is held from the State for an estate or interest 20
less than fee simple and for which the interest is recorded in 21
a register mentioned in the Land Act, section 276--the 22
person recorded in the register as the registered holder of the 23
interest; or 24
(iii) for a mining claim or lease under the Mineral Resources Act 25
1989--the holder of the claim or lessee; or 26
(iv) for land subject to a lease under the Petroleum Act 27
1923--the lessee; or 28
(v) for a road, stock route or other land under a local 29
government's control--the local government; or 30
167
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
(vi) for a conservation park under the Nature Conservation Act 1
1992 for which there are trustees--the trustees; or 2
(vii) for State-controlled land--the State; and 3
(b) for a thing that has been seized under chapter 7, part 3, includes a 4
person who would be entitled to possession of the thing had it not 5
been seized. 6
"permit" means a permit issued under this Act. 7
"pest controller" means-- 8
(a) for an entry notice-- 9
(i) an authorised person; or 10
(ii) another person the issuing entity for the notice considers has 11
the necessary experience or expertise to take action under 12
the notice against a declared pest; or 13
(b) for section 88-- 14
(i) an authorised person; or 15
(ii) another person the chief executive considers has the 16
necessary experience or expertise to take action, under 17
section 88, to eradicate, monitor or control a declared pest. 18
"pest control notice" see section 78(2). 19
"pest management plan" means a pest management plan under chapter 2, 20
part 4. 21
"pest operational board" means a pest operational board established 22
under section 213. 23
"pest survey program" see section 241(1). 24
"place"-- 25
(a) generally, includes land, premises and a vehicle; and 26
(b) for chapter 7, part 1, does not include a place where a person 27
resides. 28
"place of seizure" see section 268. 29
168
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
"plant" means a member of the plant kingdom, other than a protected plant 1
under the Nature Conservation Act 1992, and includes all or any part 2
of the flowers, seeds or genetic or reproductive material of the plant. 3
"premises" includes a building or structure, or part of a building or 4
structure, of any type. 5
"principles of pest management" means the principles stated in section 9. 6
"principles of stock route network management" means the principles 7
stated in section 97. 8
"proposed action" see section 66(1). 9
"protected area" means-- 10
(a) a protected area as defined under the Nature Conservation Act 11
1992; or 12
(b) an area identified under a conservation plan under that Act as a 13
critical habitat or area of major interest. 14
"reasonably believes" means believes on grounds that are reasonable in 15
the circumstances. 16
"reasonably suspects" means suspects on grounds that are reasonable in 17
the circumstances. 18
"rectification notice" see section 68(2). 19
"rectification period" see section 68(2). 20
"relevant land" means-- 21
(a) for chapter 3, part 4-- 22
(i) a stock route; or 23
(ii) a reserve for travelling stock; or 24
(iii) a road under local government control; or 25
(b) otherwise-- 26
(i) a stock route; or 27
(ii) a reserve for travelling stock; or 28
(iii) a road or other land under local government control; or 29
169
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
(iv) unallocated State land adjoining land mentioned in 1
subparagraph (i), (ii) or (iii). 2
"relevant pest animal" see section 47(2). 3
"reproductive material", of an animal or plant, means any part of the 4
animal or plant that is capable of asexual or sexual reproduction. 5
6
Examples of reproductive material of an animal--
7
Semen, egg, or part of an egg.
8
Examples of reproductive material of a plant--
9
1. Seed or part of a seed.
10
2. Bulb, rhizome, stolon, tuber or part of a bulb, rhizome, stolon or tuber.
11
3. Stem or leaf cutting.
"reserve for travelling stock" means land that is a reserve under the Land 12
Act and may be used for travelling stock. 13
"review notice", for a decision of a local government under chapter 3, 14
part 4 or 5, means a written notice stating-- 15
(a) the decision and reasons for it; and 16
(b) that the applicant may ask the chief executive to review the 17
decision; and 18
(c) how to ask for a review. 19
"road" includes an area-- 20
(a) dedicated to public use as a road; or 21
(b) open to or used by the public and is developed for, or has as 1 of 22
its main uses, the driving or riding of motor vehicles. 23
"sell" includes the following-- 24
(a) barter or exchange; 25
(b) invite to treat or expose for sale. 26
"State-controlled land" means the following-- 27
(a) unallocated State land; 28
(b) a reserve under the Land Act for which there is no trustee; 29
170
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
(c) a national park, national park (Aboriginal land), national park 1
(scientific), national park (Torres Strait Islander land) or 2
resources reserve under the Nature Conservation Act 1992; 3
(d) a conservation park under the Nature Conservation Act 1992, 4
that, under that Act, is not placed under the management of 5
trustees; 6
(e) a State forest or timber reserve under the Forestry Act 1959; 7
(f) a State-controlled road. 8
"State-controlled road" means a road or land, or part of a road or land, 9
declared to be a State-controlled road under the Transport 10
Infrastructure Act 1994, section 23.23 11
"State pest management strategy" means a State pest management 12
strategy prepared by the chief executive under section 10. 13
"State stock route network management strategy" means the State 14
stock route network management strategy prepared by the chief 15
executive under section 98. 16
"stock" means alpacas, asses, buffaloes, camels, cattle, deer, donkeys, 17
goats, horses, llamas, mules, sheep or vicunas. 18
"stock-proof", for a fence, means a fence of a type, and in a condition, that 19
prevents the movement of stock from 1 side of the fence to the other. 20
"stock route" means a road or route ordinarily used for travelling stock or 21
declared under a regulation to be a stock route. 22
"stock route agistment permit" means a permit issued under chapter 3, 23
part 4, division 1. 24
"stock route network" means the network of stock routes and reserves for 25
travelling stock in the State. 26
"stock route travel permit" means a permit issued under section 137. 27
"stray stock" means stock that have-- 28
(a) strayed onto the stock route network; or 29
23 Transport Infrastructure Act 1994, section 23 (Declaration of State-controlled
roads)
171
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
(b) been travelling on the stock route network and been left behind 1
or abandoned on the network. 2
"submission period" for-- 3
(a) a pest management plan--see section 28(2)(c); or 4
(b) a stock route network management plan--see section 108(2)(c). 5
"supply" includes the following-- 6
(a) give or sell; 7
(b) offer or agree to give, sell or otherwise supply; 8
(c) cause or permit to be given, sold or otherwise supplied; 9
(d) supply under a lease, exchange, hiring or other commercial 10
arrangement. 11
(e) attempt to supply or do an act mentioned in paragraphs (a) to (d). 12
"travelling stock" means stock being driven by foot, other than on the 13
land where the stock are ordinarily pastured. 14
"travelling stock facility" includes the following things supplied by the 15
State or a local government on the stock route network-- 16
(a) a water facility; 17
(b) a stock holding yard, loading ramp or enclosure; 18
(c) a fence, other than a boundary fence; 19
(d) a bridge or water crossing for use by travelling stock; 20
(e) a gate, grid or signage to assist persons moving stock. 21
"unallocated State land" means unallocated State land as defined under 22
the Land Act. 23
"vehicle" means anything used for carrying anything or any person by 24
land, water or air, and includes equipment or machinery capable of 25
moving on land. 26
"watercourse" means a river, creek or stream in which water flows 27
permanently or intermittently-- 28
(a) in a natural channel, whether artificially improved or not; or 29
172
Land Protection (Pest and Stock Route Management)
Bill 2001
SCHEDULE 3 (continued)
(b) in an artificial channel that has changed the course of the 1
watercourse. 2
"water facility" means an artificial water source for travelling stock and 3
includes equipment used to supply the water to the stock. 4
"water facility agreement" see section 163(1). 5
"World Heritage Convention" means the Convention for the Protection 6
of the World Cultural and Natural Heritage that has been adopted by 7
the General Conference of the United Nations Educational, Scientific 8
and Cultural Organization, a copy of which is set out in the schedule 9
to the World Heritage Properties Conservation Act 1983 (Cwlth). 10
© State of Queensland 2001
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