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1
Land Protection (Pest and Stock Route Management)
Bill 2001
LAND PROTECTION (PEST AND STOCK
ROUTE MANAGEMENT) BILL
EXPLANATORY NOTES
GENERAL OUTLINE
Policy Objectives of the Bill
The main purpose of the Bill is to provide for pest management for land
and stock route network management. The main policy objectives are to
protect land and water from the adverse impacts of weeds and pest animals
and to manage the stock route network in a sustainable manner for
travelling stock and other purposes. The Bill is to replace the Rural Lands
Protection Act 1985.
The scope of the legislation is pest plants and animals and it is intended
to cover species that are exotic invasive weeds of non-cropping situations,
exotic pest animals (including wild dogs and dingoes) and indigenous
species of locusts. The focus of the Bill is not only on pests that cause
impacts on primary production, but also those that have impacts on the
environment, society or other economic activities. The stock route network
encompasses a huge range of biodiversity within Queensland and the aim is
to manage the natural resources on the network in a sustainable manner for
future generations.
The application of the legislation is to the land and fresh water bodies of
Queensland to high-water mark, so it does not include marine pests.
Major policy approaches in the Bill are:
Prevention: The prevention of introduction of new pest species into
Queensland and the prevention of spread of both new and established pests
is addressed through provisions for emergency declaration, quarantine,
control and the reduction of spread by human activities.
Planning provisions: A planning framework is proposed for the
coordinated management of pests and stock routes by key stakeholders
(communities, industries, State and local governments) and for the
management of pests on State controlled lands.
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Land Protection (Pest and Stock Route Management)
Bill 2001
Local government partnership: The area of pest and stock management
remains a partnership between the State and local government. At the local
level it is expected that the local government will enforce the provisions of
the legislation and will operate in the role of the "day to day" manager of
the stock route network.
Land Protection (Pest and Stock Route Management) Council: The
Land Protection (Pest and Stock Route Management) Council is to be
established to provide advice to the Minister about strategic issues related
to pest and stock route network management. It will be a 15 member
Council with representation including local government, primary industry,
community, conservation and affected Government Departments with an
independent chair. The Minister will appoint members of the Council.
Principles and Strategies: A set of principles has been developed to
guide policy and planning about pest and stock route management and
these are to be incorporated in State Strategies that are required to be
developed for Weeds, Pest Animals and the Stock Route Network. The
principles will be considered in the development of management plans for
local government areas or by State agencies that manage large areas of
State owned land.
Guidelines: The chief executive, Department of Natural Resources and
Mines will be able to issue guidelines that can indicate the management
approach required for a declared pest in a particular part of the State.
Means of achieving objectives
The objectives of the Bill will be achieved mainly by--
· establishing principles of pest management for land and stock
route network management;
· providing for pest management planning and stock route network
management planning;
· declaring certain animals and plants to be declared pests;
· restricting the introduction, keeping or sale of declared pests;
· preventing the spread of declared pests in the state, including
preventing their spread by human activity;
· establishing responsibilities for pest and stock route
management;
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Land Protection (Pest and Stock Route Management)
Bill 2001
· building and maintaining fences to stop declared pest animals
moving from a part of the state to another part;
· establishing the Land Protection (Pest and Stock Route
Management) Council to give advice and make
recommendations to the Minister about the management of pests
and the stock route network;
· establishing pest operational boards on the determination of the
Minister to manage specific pest issues and continuing the
operations of the Darling Downs Moreton Rabbit Board;
· constructing and maintaining travelling stock facilities on the
stock route network;
· monitoring, surveying and controlling pests and the movement of
travelling stock.
Estimated Cost for Government implementation
The Bill is to replace the existing Rural Lands Protection Act 1985 and
the partnership between State and local government is to continue with pest
and stock route management. Local level management of pests and the
stock route network will continue to be the responsibility of local
government. The major costs associated with the Bill will be information,
training and implementation and generic compliance training can be
tailored toward the specific requirements of the Bill. It is expected that
Department of Natural Resources and Mines will meet these costs of about
$150,000.
Consistency with Fundamental Legislative Principles
There are a number of instances in the Bill where concern may emerge
for respect for the rights of the individual and for the individual's right to
the enjoyment of owned land and property. In examining possible
infringements of those rights it is important to recognise the implications
and ensure that infringements are made only in exceptional circumstances
and in having to exercise powers for the public benefit they are specifically
limited to key policy objectives and particular circumstances.
The main policy objective of the Bill is to protect the natural resources of
the State from the adverse impacts of pests so that the economic,
environmental and social benefits that flow from those natural resources
will be available for future generations. In that context, there are key policy
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Land Protection (Pest and Stock Route Management)
Bill 2001
objectives to restrict the introduction, keeping or sale of declared pests and
to prevent the spread of declared pests, including their spread caused by
human activity.
Many declared pests are extremely invasive weeds that are spread by
water, wind and animals, including birds, and some pest animals are
capable of high mobility, such as migratory locusts, so they have an
excellent capability to spread from infested sites onto land that is free from
or relatively unaffected by the pest with a very damaging consequence. It is
estimated that the adverse impact of weeds alone costs Queensland in
excess of $600 M annually.
A number of specific instances involving fundamental legislative
principles are now explained.
Declared Pest Barrier Fences
A number of barrier fences protect parts of Queensland from declared
pests such as the wild dog and rabbit. These fences in total far exceed 2,500
kilometres in length and the fences generally are built along the private
property boundary of hundreds of private properties. To protect livestock
such as sheep, goats and cattle from predation by wild dogs it is essential
that the integrity of the fence barrier be maintained. This requires regular
patrolling to detect breaks created by animals or wind, fire and flood and to
repair the damage or replace sections of the fence.
Since the barriers are built upon private land, one option would be to
compulsorily acquire easements of land, have them surveyed and registered
upon titles. This would tend to alienate the owners from future use of the
land when a power of entry can provide the permission to regularly patrol
the right of way beside the fence. It is proposed to provide this power of
entry for regular access to the private land and the owners will have the
benefit of a maintained boundary fence, and the protection of livestock by
the fence and control programs conducted along the fence.
Powers of entry--land
A key objective of the Bill is to prevent the spread of pests within the
State, especially to prevent the spread of pests caused by human activity.
Invasive weeds establish rapidly on land parcels and mobile pest animals
continue to populate new territory. This means that constant monitoring is
required to detect the presence of pests upon land and to establish if the
owner is meeting the obligation to control declared pests upon the land.
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Land Protection (Pest and Stock Route Management)
Bill 2001
An option could be to have no inspection programs and rely only on
public education programs about pests and their damage. It is possible that
this would pose a long-term potential for severe economic, environmental
or social losses for the State and perhaps 10 per cent of owners will fail to
meet their obligations. It is proposed to have pest survey programs that are
announced and advertised so that landowners are reminded of their pest
control obligation and will know that inspections are planned for all parcels
within a defined area or selected places. The Local Government Act 1993
has similar provisions for approved inspection programs.
Powers of entry--vehicles
A key objective of the Bill is to restrict the introduction, keeping and sale
of declared pests and to prevent the spread of pests within the State
especially preventing their spread by human activity. A result of
consultation revealed deep community concern about the lack of controls
over the movement of vehicles such as heavy machinery and harvesters that
may be transporting declared pests either within soil or other organic
material or the transport and sale of products such as grain, fodder, stock,
sand and gravel that are contaminated with the reproductive parts of
declared pest plants.
It is proposed to create an offence to move or transport things on a road
if a person reasonably ought to know that soil or organic material attached
to the thing may contain the reproductive material of a declared pest plant.
The intent is to have a requirement to contain contaminated products being
transported to prevent spillage or release and wash-down or clean dirty
vehicles and machinery prior to movement by road. There will be a power
for an authorised person to stop and search a vehicle if there is a reasonable
suspicion that it may contain reproductive material of a declared pest plant.
Seizure of Declared Pests
A key objective of the Bill is to restrict the introduction, keeping and sale
of declared pests. A person may apply for a permit to keep a declared pest
that is approved for the species and the purpose of keeping prescribed by a
regulation. The intent is to restrict keeping, based upon national guidelines,
to low risk species that will not establish in the wild and create adverse
economic, environmental or social impacts for the State. There will always
be instances where collectors of animals and plants attempt to introduce
and keep exotic animals and plants beyond those indicated by the national
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Land Protection (Pest and Stock Route Management)
Bill 2001
guidelines and permitted by regulation. These species will not be covered
by the permits system.
It is proposed that a declared pest found to be kept by a person without a
permit after legal entry to the place of keeping, may be seized. The person
will have the opportunity to produce the permit for the declared pest within
48 hours and if no permit is produced the declared pests may be disposed
of or destroyed in a reasonable way by an authorised person. No
compensation is to be payable for the loss of the pest.
Emergency and quarantine powers
A key objective of the legislation is to restrict the introduction, keeping
and sale of declared pests into the State and new incursions of pests have
become regular occurrences in recent times. These incursions require a
response mechanism that permits emergency declaration for up to 3 months
and sets control actions into place. There is a great public benefit to be
obtained from early strategic response to newly detected pests or plague
pests to be weighed against the rights of an individual to the enjoyment of
owned land and property.
In acting to control pests in an emergency there is the capacity to keep
the public informed about the nature of the emergency and the pest, with
explanation of control objectives and control approaches to be placed in the
electronic or print media.
The normal avenues of consent and access to land are insufficient for
some scales of emergency response and the actual mobility of some
declared pests such as migratory locusts. Quarantine is recognised as a
powerful tool in preventing the spread of declared pests and property
quarantine powers are proposed to be available to the State and local
government for Class 1 and Class 2 pests that pose a serious threat to the
economy, environment or society.
Stock Route Management
The stock route network consists of thousands of kilometres of land
corridor, sometimes used as roads, and many associated reserves
established either for the use of travelling stock or for other purposes.
Local governments have the function of stock route network management
and to control the movement of stock in their areas under the Bill. This
entails regular supervision of stock movements on the network and
patrolling to ensure that water facilities are maintained and pests are
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Land Protection (Pest and Stock Route Management)
Bill 2001
controlled. Many reserves on the stock route network have become subject
to a lease or permit for grazing purposes, albeit with conditions that
acknowledge the rights of travelling stock to pasture and water on the land.
It is proposed that the drover of stock will give 48 hours notice to the
owner before entering reserves under lease or permit. Local governments at
times require the mustering of stock travelling under permit and are to
obtain the consent of the land owner or give 24 hours notice of entry for a
muster on the private land. A fencing notice is also proposed for private
land adjoining the network where the network is being degraded by the
grazing pressure of stock numbers from the private land and if damage is
being caused to stock route facilities.
Consultation: Extensive consultation has occurred since the release of a
Discussion Paper in February 1994 and the release of a Consultation Draft
of a Land Protection Bill in May 1999. 100 written submissions were
received to the Consultation Draft. A Legislation Reference Panel was
established to consider the issues of concern raised in the submissions. The
Panel's recommended changes were endorsed by the Rural Lands
Protection Board that is established under the Rural Lands Protection Act
1985. Community presentations were held for 14 centres around the State
with most interest being from local governments, government departments,
industry, Landcare and conservation groups. Eleven government
departments, the Department of Defence and the local governments of
Queensland, including the Local Government Association of Queensland
Inc. have been consulted. A Memorandum of Understanding is to be signed
by the Minister and the president of the Local Government Association of
Queensland Inc. regarding the implementation of the Bill.
NOTES ON PROVISIONS
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTION
Clause 1 sets out the short title of the Bill.
Clause 2 provides for the commencement of the Bill on a date to be
proclaimed.
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Land Protection (Pest and Stock Route Management)
Bill 2001
PART 2--PURPOSE AND APPLICATION OF BILL
Division 1--Purpose
Clause 3 states the object of the Bill is to support management of pests
and the stock route network in Queensland.
Clause 4 outlines how these objects are to be achieved by a framework
of actions--
· giving general principles to guide management of pests and the
stock route network; and
· planning for the management of pests and the stock route
network; and
· declaring certain animals and plants to be declared pests; and
· placing restrictions on bringing declared pests into the state, as
well as their keeping and selling; and
· preventing the spread of declared pests within the state especially
through human related activities; and
· establishing responsibilities for managing pests and the stock
route network; and
· building or maintaining fences as barriers to the passage of some
declared animal pests; and
· establishing the Land Protection (Pest and Stock Route
Management) Council to play an advisory role to the minister in
pest and stock route network management; and
· providing for the establishment of pest operational boards to
manage particular declared pests in certain parts of the state; and
· constructing and maintaining the facilities for travelling stock on
the stock route network; and
· monitoring, surveying and controlling pests and movements of
travelling stock on the stock route network.
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Land Protection (Pest and Stock Route Management)
Bill 2001
Division 2 --Application
Clause 5 binds all persons and entities operating within Queensland.
This is to include the State itself with the intent being that the State has the
same obligation as others to manage pests. It is to extend as far as legally
possible to the Commonwealth and other States.
Clause 6 allows a person to take a lawful action against a declared pest
to meet an obligation for declared pest control under this Bill when the
person might otherwise be assumed to commit an offence under the Nature
Conservation Act 1992 or the Forestry Act, 1959. These Acts of Parliament
necessarily contain broad provisions about protecting all forms of wildlife
and forest products, for the State as owner. This can relate to indigenous or
non-indigenous species.
Clause 7 makes it clear that the Dividing Fences Act 1953 is not to apply
for a property boundary fence that may have been incorporated within a
declared pest fence so as to form a barrier to the passage of declared pest
animals from one part of the State to another.
PART 3--INTERPRETATION
Clause 8 provides for a dictionary of certain terms used in the Bill to be
included as a schedule to the Bill. (Schedule 3).
CHAPTER 2--PEST MANAGEMENT
PART 1--PRINCIPLES OF PEST MANAGEMENT
Clause 9 establishes general principles of pest management in
Queensland. They are intended to be the underlying principles supporting
State strategies against pests, and for planning exercises to manage
declared pests at different scales such as state-wide, within river
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Land Protection (Pest and Stock Route Management)
Bill 2001
catchments, within local government areas or for particular parts of the
State.
PART 2--STATE PEST MANAGEMENT STRATEGIES
AND GUIDELINES FOR MANAGING PESTS
Division 1--State pest management strategies
Clause 10 provides that the chief executive is to sponsor the
development of separate State strategies for weeds and pest animals to
direct and coordinate pest management activities within Queensland.
Examples of likely outcomes from the strategies are given. The term "chief
executive" throughout the Bill refers to the chief executive, Department of
Natural Resources and Mines.
Clause 11 specifies the strategies must have regard to the established
principles of pest management.
Clause 12 sets out that each strategy will have effect for the period it
states, but not more than 5 years. It ceases at the end of the stated period or
upon adoption of a new strategy.
Clause 13 requires the chief executive must as far as practicable, within
the limitations of the Department's abilities and resources, direct and
coordinate the implementation of the Weed Strategy and the Pest Animal
Strategy.
Clause 14 requires strategies are to be reviewed when the chief executive
decides it is appropriate, but must be reviewed at least 6 months before
stated period ends.
Division 2 --Guidelines for managing pests
Clause 15 enables the chief executive to prepare guidelines about
managing a declared pest and specifies the type of information that could
be expected in a guideline.
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Land Protection (Pest and Stock Route Management)
Bill 2001
Division 3--Inspecting strategies and guidelines
Clause 16 requires that the chief executive must keep available for
public inspection at no charge copies of the strategies and guidelines in
electronic or written form.
PART 3--PLANS FOR MANAGING PESTS ON STATE-
CONTROLLED LAND, AND PEST MANAGEMENT
COMMITTEE
Division 1--Plans
Clause 17 requires that a State entity that controls large areas of land, but
is not an owner of land, must prepare a State pest management plan for
managing declared pests. The areas presently affected are native forests
and timber reserves, unallocated State land, protected areas, State managed
timber plantations, and State controlled roads. Queensland Rail will hold
leases over land for rail corridors as will SunWater over land for dam
impoundments and water distribution channels. These 2 entities will
therefore be included in the definition of a landowner. The clause outlines
what a plan may include.
Clause 18 specifies that the plan must be consistent with the principles
of pest management, the State strategies and the guidelines for pest
management.
Clause 19 sets out the plan is to have effect for not more than 5 years. It
ceases at the end of the stated period or upon adoption of a new plan.
Clause 20 requires each entity to keep available for public inspection at
no charge a copy of the plan in electronic or written form.
Division 2--Pest management committee
Clause 21 requires that the chief executive must establish a Committee
for management of pests on State controlled land.
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Land Protection (Pest and Stock Route Management)
Bill 2001
Clause 22 outlines the functions for the Committee are to--
· improve pest management activities; and
· provide better coordination and consistency in approach; and
· integrate with other planning processes such as local government
area pest management plans; and
· provide on overview of the implementation of pest management
plans.
Clause 23 specifies that at least one representative is required of State
land managing entities mentioned in Clause 17.
Clause 24 allows the Committee to decide how to conduct its business,
but it must meet at least once a year.
PART 4--PEST MANAGEMENT PLANS FOR LOCAL
GOVERNMENT AREAS
Clause 25 requires that a local government must develop a pest
management plan for managing pests in its land area within 1 year of the
Bill's commencement date and outlines requirements for plans.
Clause 26 specifies that the plan must be consistent with the principles
of pest management, the State strategies and the guidelines for pest
management.
Clause 27 outlines the process for the development of the plans. It
provides that a local community working group be established to advise on
the development of the plan. It specifies that a local government may ask
for a representative from a State entity that controls land. It sets out
requirements such as to consider the interests of landowners, Aboriginal
and Torres Strait Islander peoples, industry groups and members of the
public.
Clause 28 provides for a process where the draft local government area
pest management plan must be advertised to be available at no cost to the
public, and to ask for the public's written comments on the draft within 28
days. The local government must consider any proper written submissions
made to it.
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Land Protection (Pest and Stock Route Management)
Bill 2001
Clause 29 requires that the local government must give the draft local
government area pest management plan to the Minister. The Minister must
consider the plan and advise the local government if it provides for the
management of declared pests in its area and requirements for plans. Also,
the Minister must advise the local government of how the plan may be
amended to meet the requirements.
Clause 30 provides the local government will adopt the plan by
resolution once the Minister is satisfied with the plan.
Clause 31 sets the period of the plan at no more than 4 years and it
ceases at the end of the stated period or upon adoption of another plan.
Clause 32 requires the local government to implement its plan.
Clause 33 requires a local government to review the effectiveness of the
plan at least 3 months before the end of each financial year. It also provides
that the plan must be amended if the State strategy is amended.
Clause 34 outlines the process for the amendment and subsequent
Ministerial advice on the amended plan.
Clause 35 requires the local government must keep a copy of its pest
management plan at no charge for public inspection in electronic or written
form.
PART 5--DECLARED PESTS
Division 1--Declaration of declared pests
Clause 36 provides that the declaration of a plant or an animal to be a
pest will be by way of a regulation.
A local government may also continue to make a local law for the
declaration of a pest plant or animal within its local government area under
the Local Government Act 1993.
Clause 37 gives an emergency pest declaration capability for situations
such as a serious new pest incursion. This can declare a new pest or change
the class of a currently declared pest. The chief executive can make a
declaration that details the nature of the emergency for a pest to become
declared under a particular class. This is to be subordinate legislation.
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Land Protection (Pest and Stock Route Management)
Bill 2001
When the emergency ends the declaration is to be repealed or otherwise it
will lapse after 3 months.
Clause 38 describes what the classes of pests will be called and how they
may be separated. Adverse impacts are described as economic,
environmental and social and the scale of present impact or predicted
impact will separate Class 1, 2 and 3 pest declaration categories. An
assessment will be conducted to determine to which class a pest should
become assigned.
A Class 1 pest is not generally present in Queensland. It is considered
that if the pest was introduced it would cause an adverse economic,
environmental or social impact. An obligation exists for a landowner to
keep land free of Class 1 pests.
A Class 2 pest is found in Queensland and has, or could have, a serious
adverse economic, environmental or social impact in the State or another
State or Territory. An obligation exists for a landowner to keep land free of
a Class 2 pest, although a guideline may specify a pest management
approach in a part of the State.
A Class 3 pest is found in Queensland and has, or could have, an adverse
economic, environmental or social impact in the State or another State of
Territory. A pest control notice can be issued for a Class 3 pest present on
an owner's land if it threatens an environmentally significant area that is
adjacent to the owner's land or is on the owner's land. A guideline may
specify a pest management approach in a part of the State.
Division 2 --Offences about declared pests
Clause 39 makes it an offence for a person, without reasonable excuse,
to bring a declared pest into the State other than by permit. Prevention of
the arrival of new pests will be the best safeguard against the establishment
of wild populations. Examples may likely be Indian Palm Squirrels or Siam
Weed and there is the potential for severe adverse impacts from some
species.
Clause 40 makes it an offence for a person, without reasonable excuse,
to feed a declared pest animal other than one that is kept by permit.
Declared pest animals are often encouraged into urban fringes or settled
areas by persons deliberately feeding foxes, wild dogs and feral cats that
then become pest problems to other people. It will not be an offence to pre-
feed a trap site or to set a trap with food as part of a pest animal control
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Land Protection (Pest and Stock Route Management)
Bill 2001
operation such as trapping for feral pigs or to conduct a baiting campaign
such as for wild dogs or foxes.
The offence exemption provision for feeding declared pest animals other
than under a declared pest permit for the purpose of feeding the animal as
part of a baiting or trapping campaign to control its numbers must be read
in conjunction with Part 8, Feed Restrictions for Disease Prevention and
Control in the Stock Regulation 1988, that prohibits the feeding of animal
matter or animal contaminated matter to stock, but provides an offence
exemption for using animal matter or animal contaminated matter in a
poisoned bait to kill dingoes, feral pigs or foxes.
Clause 41 makes it an offence for a person, without reasonable excuse,
to keep a Class 1 or 2 declared pest other than by permit. The definition of
keep is broad to cover under a person's possession or control in any place.
Class 3 pests are not included since they are commonly present in many
parts of the State.
Clause 42 makes it an offence for a person, without reasonable excuse,
to release or set free a declared pest other than by permit. Examples would
be the intentional release of feral pigs into a State forest and declared
aquatic plants into any public water body. It will not be an offence to
release a declared pest animal such as a rabbit that has been inoculated with
the myxoma or calici virus for transmission to other rabbits or a declared
pest plant such as Harrisia Cactus that is infested with mealy bug for
biological control purposes.
Clause 43 makes it an offence for a person to harvest a Class 2 pest plant
for commercial use other than by permit. The aim is to limit the spread of
viable parts of plants such as seeds and vegetative parts in the harvest
operations through the use of permit conditions.
Clause 44 makes it an offence for a person to sell a declared pest other
than by permit. The definition of sell is broad to include auction, supply,
exchange, give away, offer or attempt to sell, cause or permit to be sold,
keep, expose, supply or receive for sale, and dispose of by hire or lease.
Prevention of the spread of pests requires this tool to limit the sale, barter
or exchange of invasive pest species.
Clause 45 makes it an offence for a person to supply a thing that is
contaminated with reproductive material of a Class 1 pest plant or a Class 2
pest plant prescribed under a regulation. However, a person is taken not to
commit an offence if the person provides a written notice that states the
thing may contain the reproductive material of the prescribed Class 2 pest
plant. Examples of `thing' include livestock, fodder, grain, gravel, soil,
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Land Protection (Pest and Stock Route Management)
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sand, water, vehicles and machinery, packing and mulch. Class 1 pests are
not commonly established in the State and may likely include such pests as
Alligator Weed and Siam Weed. Class 2 pests to be prescribed may likely
be Parthenium Weed, Prickly Acacia and weedy Sporobolus species.
Clause 46 makes it an offence for a person to drive or transport a vehicle
or any thing on a road if the person knows, or ought reasonably to know,
that soil or organic material likely to contain reproductive parts of a
declared pest plant is in or on the vehicle. An example could be an
uncleaned grain harvester contaminated with Parthenium Weed seed. The
person is required to take reasonable steps to contain the contaminant weed
seed from release during the act of driving or transporting any thing or to
wash-down or clean the vehicle so as to be free of the contaminant declared
pest.
PART 6-- DECLARED PEST FENCES
Division 1 --Fixing building line and building declared pest fences
Clause 47 provides the proposed line to construct a fence that is intended
to stop the passage of declared pest animals such as wild dogs or rabbits
may be stated in a regulation.
Clause 48 provides that the Building Authority is to use any existing
fencing to upgrade it to suitable animal-proof standard and the fence is to
be built as close to the proposed line as is practicable. The Building
Authority may be the chief executive, a pest operational board, or a local
government.
Division 2 --General provisions about declared pest fences
Clause 49 requires the Building Authority to build and pay for a gate or
grid in the declared pest fence if the fence is realigned and this realignment
causes operational interference to the land owner.
Clause 50 requires the Building Authority to maintain the declared pest
fence in pest proof condition. To do this, the Building Authority is given
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Land Protection (Pest and Stock Route Management)
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powers to clear a line along the fence of vegetation or obstructions and to
enter upon land to clear obstructions, inspect or maintain the fence. The
Building Authority is to remove any risk of damage to the declared pest
fence or obstruction of the access track posed by falling trees, vegetation,
fire, ant mounds, water washouts, built structures or earth works.
Clause 51 enables the Building Authority to enter upon land for the
purposes to build or maintain a declared pest fence or clear a line along it.
This section limits that power and provides for procedures to be followed
in entering e.g. obtaining approval and providing satisfactory notification
of the entry. There is however provision for emergency entry provided the
owner is notified. The effectiveness of the declared pest fence relies on any
accidental opening being quickly repaired so the breach does not allow
damage to protected stock to occur.
Clause 52 enables the Building Authority to make an agreement with a
person about making an opening in a declared pest fence for such purposes
as laying a pipeline or for temporary access. Provision is also made to
allow for the imposition of conditions to ensure the integrity of the fence.
Clause 53 provides a Building Authority may, by written notice, give a
person a direction to restore a declared pest fence to the condition it was in
before the damage reasonably believed to have been caused by the person.
If the person does not comply, the Building Authority may perform the
work.
Clause 54 requires the Building Authority to cause as little damage as
possible in exercising the powers and to notify the landowner should any
damage occur to the land or owners thing.
Division 3--Offences about declared pest fences
Clause 55 makes it an offence for a person, without reasonable excuse,
to damage or make an opening in a declared pest fence.
Clause 56 makes it an offence for a person, without reasonable excuse,
to--
· build a structure, excavate land, move earth or carry out an
activity likely to obstruct the building, inspection or maintenance
of a declared pest fence; or
· obstruct a person who is building, inspecting or maintaining a
declared pest fence and any of its gates or grids; or
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Land Protection (Pest and Stock Route Management)
Bill 2001
· obstruct a person who is clearing a declared pest fence line.
Clause 57 makes it an offence for a person, without reasonable excuse,
to fail to close a gate in a declared pest fence immediately after use.
PART 7--DECLARED PEST PERMITS
Division 1--Obtaining or renewing declared pest permits
Clause 58 enables a person to apply for a declared pest permit or to
renew an existing permit to introduce, keep or sell a declared pest. The
application must be in the approved form and be accompanied by the fees
set in regulation. If it is a renewal application, it must be accompanied by
the permit. This application must be made at least 30 days before the
current permit expires.
Clause 59 gives the chief executive the power to ask in writing for fuller
particulars to decide the application. If the information is not supplied
without reasonable excuse, the chief executive may refuse the application.
Clause 60 provides that the chief executive will decide the application
and sets out the requirements that the chief executive needs to make the
decision.
Clause 61 provides that the chief executive, if it is decided to grant the
application, must issue a declared pest permit in the approved form and
give it to the applicant with any conditions notified on an information
notice. The term is to be for a period of not more than 2 years and
commences on the date of issue or a later stated date.
Clause 62 provides that the chief executive may issue the declared pest
permit subject to any reasonable conditions and gives a full range of the
type of conditions expected.
Clause 63 requires the chief executive to give an information notice
about a decision to refuse the application and refund the permit fee paid.
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Division 2 --Amendment, suspension or cancellation of permits
Clause 64 gives the basis that the chief executive may amend a declared
pest permit to vary such particulars as the species of declared pest to be
kept, the number of pests that are to be kept and the place where the
declared pests are to be kept.
Clause 65 enables the chief executive to suspend or cancel a permit and
specifies the grounds where this action may be taken.
Clause 66 outlines the process the chief executive is to follow for
suspension or cancellation of a permit. Notice in writing to the permit
holder as to grounds that are believed to exist to suspend or cancel the
permit is required. The notice must state the intended action, grounds relied
upon with instances stated and the length of any proposed suspension
period. The permit holder can make a written submission to show the
permit should continue during a period not later than 28 days after the
notice is given to the holder. After due consideration, the chief executive
may then cancel or suspend the permit.
Clause 67 enables the chief executive to immediately suspend or cancel
a declared pest permit upon reasonable belief that grounds exist and, in
extraordinary circumstances, such as adverse economic, environmental or
social impact in the State or part of the State or a danger to the public. The
chief executive is to give a written notice to the permit holder advising of
the suspension, the period of suspension, the grounds relied upon to
suspend or cancel with supporting instances. It is to be effective
immediately until the period ends. The permit holder may make a written
submission to show the permit should continue within 28 days after the
notice is given to the holder.
Clause 68 provides that following the consideration of a permit holder's
written submission the chief executive may by written notice give the
permit holder the opportunity for points at issue to be rectified within a
stated period that is reasonable in the circumstances. This will have the
effect of staying a previous notice pending the rectification of the issues.
An example could relate to poor standards of security.
Clause 69 enables the chief executive to cancel or suspend a permit if the
rectification sought by the notice is not made.
Clause 70 requires the chief executive to provide a written notice to the
permit holder suspending or cancelling the permit for the original period or
to cancel it for a period. This must include information about the decision,
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and the date of effect is either the day the notice is given or a later date
stated in the notice.
Clause 71 requires the holder of a permit that is suspended or cancelled
must return it to the chief executive within 7 days of date of effect unless
there are reasonable circumstances that prevent this. When a suspension
period has ended the chief executive must return a permit to the permit
holder.
Division 3--Disposing of declared pests when permit is cancelled
Clause 72 provides that if a permit has been suspended or cancelled and
the former permit holder remains in possession of the declared pest covered
by the permit, the chief executive may give a written notice directing the
former permit holder to dispose of the pest within a time stated in the
notice. The former permit holder must comply unless there is a reasonable
excuse not to comply. Compensation is not to be payable for the loss of the
pest.
Division 4--Replacement and surrender of permits
Clause 73 provides a means for the replacement of a declared pest
permit in the circumstances of loss, damage or destruction of the permit.
Clause 74 provides that a declared pest permit holder may surrender a de-
clared pest permit to the chief executive by returning it with a written sur-
render.
Division 5 --Register of permits
Clause 75 requires the chief executive to keep a register of declared pest
permits and gives examples of the information particulars to be recorded.
Division 6 --Offence about declared pest permits
Clause 76 makes it an offence for a declared pest permit holder not to
comply with the conditions of a permit without a reasonable excuse. Many
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species are highly invasive and have established wild populations following
escapes. There is the potential for economic and environmental adverse
impacts. Some species are dangerous to humans and conditions about
exposure to humans and secure keeping must be the prime concern.
PART 8--PEST CONTROL FOR LAND
Division 1--Obligation to keep land free of pests
Clause 77 provides that a landowner has an obligation to take reasonable
steps to keep the owned land free of Class 1 and Class 2 pests unless the
owner holds a declared pest permit to allow specified pests to be kept at
described locations upon the land. This obligation extends to land where
the owner has the use of the land, the best access to the land or receives a
benefit from the land in certain situations, namely--
· unfenced land such as a road or unallocated state land that
adjoins or is within the owners land; or
· other land that is fenced in with the owner's land; or
· the beds, banks and water of a watercourse within the owner's
land; or
· the bed, banks and water to the centre-line of a watercourse that
forms the boundary, or part of the boundary of the owned land.
To allay any doubt, the intent is that the obligation of a landowner
applies to the State and is intended to include the State.
Division 2 --Controlling pests
Clause 78 provides that where a landowner does not reasonably comply
with the obligation to keep land free of Class 1 and 2 pests, a relevant entity
may give a written notice requiring compliance. Where a landowner has a
Class 3 pest present upon the land and that pest is causing or threatens to
cause adverse economic, environmental or social impact on an
environmentally significant area that may be adjacent to or within the
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owner's land, a relevant entity may give a written notice that requires
compliance.
The relevant entity may give the owner of the land a written pest control
notice that states--
· the particular parcel or parcels of land to which it relates,
including any particular environmentally significant area that is
affected; and
· the declared pest that is affecting the particular land or the
declared pest and other pests that are threatening the ecological
integrity of an environmentally significant area; and
· the desired outcome or required action that is reasonably
expected for control of the pest and a reasonable compliance
period; and
· for monitoring compliance with the notice the entity may enter
upon the land at any reasonable time and without further notice.
Additionally, within the compliance period, the owner may be required
to take reasonable action against a plant or animal that is not a declared
pest if it is an environmentally significant area within the land or adjacent
to the land and--
· the pest is threatening, or likely to threaten, the survival of native
wildlife in the area; or
· the pest is affecting, or likely to affect, the area's capacity to
sustain natural processes.
In circumstances where environmentally significant areas are under
threat there are often a number of pests involved. To simply remove a
declared pest and ignore other pest species in the pest control notice would
invite those pest species to colonise the niche created by the removal of the
declared pests. The desired outcome from the issue of the pest control
notice would be thwarted. This provision enables additional pest species to
be named when the private land is infested with declared pests.
A notice may be advertised in a local newspaper in the case of an
overseas or absent landowner or another circumstance where the notice
cannot be given to the landowner. The notice is required to include an
information notice about the entity's decision to give it.
The landowner must comply with the notice unless the owner has a
reasonable excuse not to comply with it.
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Relevant entity in this clause means one of the following--chief
executive, chair of a pest control board or a local government.
Environmentally significant area in this clause means one of the
following--
· all areas intended to be protected under the Nature Conservation
Act 1992;
· a reserve for environmental purposes under the Land Act 1994;
· a world heritage area listed under the World Heritage
Convention;
· an area supporting a critically endangered or endangered
ecological community in the list contained in the Environment
Protection and Biodiversity Conservation Act 1999
(Commonwealth);
· a declared Ramsar wetland under the Environment Protection
and Biodiversity Conservation Act 1999 (Commonwealth);
· an area of high conservation value under the Vegetation
Management Act, 1999;
· an area, other than state controlled land, stated in the pest
management plan of the local government for the area as having
special environmental significance for native flora and fauna.
In this clause, landowner does not include the State, so, a pest control
notice cannot be issued on the State.
Clause 79 provides that a landowner who is given a pest control notice
may ask for an extension of time to comply with the notice within 14 days
of receiving the notice. The request shall be made in writing, state the
reason why an extension of time to comply is required and be accompanied
by the prescribed fee.
After considering the request, the relevant entity must decide to extend
the time for compliance or refuse to extend the compliance period. If the
entity decides to refuse to extend the period it must give an information
notice about the decision to the applicant.
Clause 80 gives the relevant entity the power to give the landowner an
entry notice if there is not full compliance with the notice. The process for
notification and the actions that can be taken including pest controllers to
enter and take equipment onto the land are outlined. The notice must be
received at least 7 days prior to the entry. Provision is also made for the
recovery of the costs of entering and controlling the pests from the
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landowner. A further entry notice can be issued in order to check the
effectiveness of the action taken in the entry notice. The entry is necessary
because the landowner has failed to meet the obligation to control declared
pests.
Clause 81 gives the issuing entity the power to authorise a pest controller
to enter the land at a reasonable time and to take on persons and equipment
in order to carry out the stated action of the notice. The clause makes it an
offence for a person to obstruct the pest controller exercising power under
the notice, unless the person has a reasonable excuse.
Clause 82 sets out that an entry notice remains in force for not more than
2 months unless the notice is revoked by the entity or the actions are taken
by the pest controller. The entry notice also remains in force and binds
successors in title during that period.
Division 3 --Recovering costs
Clause 83 provides that a relevant entity may recover the full costs of
entry and performance or attempted performance of the work under a pest
control notice following non-compliance by a landowner. This includes the
charging of interest as set in a regulation. Each owner shall be jointly and
severally liable to pay the charges.
Clause 84 specifies that if the full debt is not paid for entry costs under a
pest control notice it is to be become a charge upon the land. A local
government can register the charge for the unpaid amount under the Local
Government Act 1993, section 1068. Another relevant entity will have the
charge upon the land validated by this clause. A charge in relation to part of
a parcel of land shall become a charge against the parcel of land. This
clause does not limit any other remedy to achieve payment of the debt.
Clause 85 specifies that a relevant entity may ask for registration of the
charge by the person responsible for registering titles to the land and
dealings affecting the land. This must be done by a certificate signed by the
relevant entity stating that there is a charge upon the land made under these
provisions. The registration may be released upon full payment of the debt.
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Division 4 --Register of notices
Clause 86 requires that a relevant entity must keep a register of pest
control notices it has issued. The particulars to be recorded are outlined and
the fee to search the register may be prescribed by a regulation. The usual
place of business to search the register of the relevant entities shall be
quoted.
PART 9--EMERGENCY CONTROL OF DECLARED
PESTS
Division 1--Emergency control of declared pests by pest controllers
Clause 87 enables the chief executive to respond in the case of an
emergency if a situation arises where urgent action is needed to prevent
serious economic, environmental or social impact from a declared pest
upon a part or the whole of the State. Historical examples relate to plagues
of locusts and mice, but could relate to the arrival of new serious pests
affecting agriculture, livestock or human health.
Clause 88 provides the chief executive can authorise a person to be a
pest controller for the emergency purpose to enter land at any reasonable
time and to take any reasonable action to destroy or control the declared
pest on the land. The entry onto the land by the pest controller requires the
reasonable attempt to gain consent of the landowner or if not possible--
· there has been a general public announcement through electronic
or print media as to the nature of the emergency, the reason for
control action and the types of actions to be taken to control the
declared pest; or
· the obtaining of consent of individual persons who are
landowners is not practicable in the circumstances. An example
would be the rapid movement of a swarm of locusts through a
grain-growing region when crops are at an advanced stage. In
this instance the chief executive is required to make a general
public announcement through the print media as to the nature of
the emergency, the reason for control action and types of control
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actions that have been undertaken throughout a defined area of
operations against the declared pest.
Division 2--Emergency quarantine notice
Clause 89 outlines the circumstances when emergency quarantine
provisions apply to situations where the chief executive or chief executive
officer reasonably believes a declared pest is present in an area and urgent
action is required to prevent significant economic, environmental or social
impact in the area of the State.
Clause 90 provides that the relevant entity may give a written notice to a
landowner for emergency quarantine actions in relation to a Class 1 or
Class 2 declared pest that is found to be present upon the land owner's land.
The notice may require reasonable actions to be taken to destroy or control
the Class 1 or Class 2 pest on the land and this may include--
· restricting the movement of fodder, produce, grain, sand, soil,
gravel, water, stock, machinery, vehicles or any other things from
or onto the land; and
· restricting what persons may do upon the land, for example, no
harvesting of an infested crop, no disturbance of earth or
drainage lines to be cut in infested areas; and
· directing how things contaminated with the pest are to be treated
or dealt with when found; and
· directing the owner to destroy anything infected with the pest or
suspected of containing the pest; and
· requiring the owner to test for the presence of the pest in any
thing and how to treat a detection of the pest.
The notice must state the powers given to authorised persons including
giving reasonable directions to destroy or control the pest on the land. The
notice must be repealed once the relevant entity is satisfied the emergency
no longer exists. If not repealed earlier, the notice expires 3 months after it
is given to the owner of the land.
Clause 91 gives a power for the relevant entity, if it reasonably believes
that a person has failed to fully comply with the requirements of an
emergency quarantine notice, to direct an authorised person to take the
required actions. The authorised person must take the directed actions.
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Division 3 --Offences about emergency control of declared pests
Clause 92 makes it an offence for a person, without reasonable excuse,
to fail to comply with the emergency quarantine notice.
Clause 93 makes it an offence for a person, without a reasonable excuse,
to fail to comply with a reasonable direction given by an authorised person
under an emergency quarantine notice.
PART 10--CONTROL OF DOGS
Clause 94 gives a definition to identify land that is not intended to be
affected by this part.
Clause 95 allows an authorised person or a land owner, including the
person in charge of stock on the land, within a rural district to destroy a dog
if the authorised person or owner reasonably believes a dog on the land is
not under someone's control and it is attacking, or is about to attack, stock
on the land. This clause is to continue a legislated provision about straying
dogs on rural land that attack or threaten to attack livestock and cause or
may cause an economic pest impact in parts of the State used for livestock
rearing pursuits.
Clause 96 requires that a local government keep a copy of maps showing
urban districts in the local government's area available for public
inspection at no charge. Urban districts are constituted under the Fire and
Rescue Authority Act 1990.
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CHAPTER 3-- STOCK ROUTE NETWORK
MANAGEMENT
PART 1--PRINCIPLES OF STOCK ROUTE NETWORK
MANAGMENT
Clause 97 establishes general principles for guidance about the
management of the stock route network. They are intended to be used in
the State strategy for stock route network management and for planning
exercises to manage stock routes at different scales such as statewide, for
regional areas, and for local government areas.
PART 2--STATE STOCK ROUTE NETWORK
MANAGEMENT STRATEGY
Clause 98 provides that the chief executive must sponsor the
development of a State strategy to direct and coordinate stock route
network management activities within Queensland. It gives likely
outcomes for the strategy.
Clause 99 specifies that the Strategy must have regard for the principles
for stock route network management.
Clause 100 provides that the strategy shall have effect for the period
stated in it, but for not more than 5 years.
Clause 101 requires that the chief executive must implement the strategy
as far as practicable within the limitations of the Department's abilities and
resources.
Clause 102 requires the chief executive to review or renew the strategy at
least 1 year before its term expires.
Clause 103 requires the chief executive to make available for public
inspection at no charge a copy of the strategy in written or electronic form.
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PART 3--STOCK ROUTE NETWORK MANAGEMENT
PLANS
Clause 104 provides that a regulation will list local governments that are
required to develop a stock route network management plan. There are 48
local governments situated in central and western Queensland that have
traditionally had movements of travelling stock upon the stock route
network.
Clause 105 requires that a local government listed in a regulation must
develop a stock route network management plan within 1 year of the
commencement of this Bill and outlines some of the likely content of the
plan.
Clause 106 provides that a local government must establish a working
group to prepare a draft plan in consultation with interested parties and the
input of major stakeholders in stock route network management. The local
government may request a State entity indicated to provide 1 representative
who can contribute to the planning process. The plan must consider the
management issues outlined and the interest of landowners, Aboriginal
communities, industry groups and members of the public.
Clause 107 specifies that the local government stock route network plan
must be consistent with the principles for stock route network management
and the State strategy.
Clause 108 requires a local government to advertise notice of the draft
plan in a newspaper and provide access to the plan at no charge to the
public. The local government is required to consider any proper written
submission made to it on the draft plan within 28 days of the public notice.
Clause 109 requires that a local government must give the Minister the
draft plan within 60 days of the end of the submission period and at least 3
months before the previous plan expires. The Minister must consider the
plan and if not satisfied it meets requirements must advise the local
government how it may be amended.
Clause 110 provides if the Minister is satisfied the local government
may, by resolution, adopt the plan.
Clause 111 sets the period of the plan at not more than 4 years and it
ceases to have effect once a local government adopts another plan.
Clause 112 requires a local government to implement the approved plan
as far as is practicable.
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Clause 113 requires a local government to review the effectiveness of its
plan 3 months before the start of each financial year. If the State strategy is
amended then the local government must review the plan.
Clause 114 outlines the process for local government amendment of the
plan and subsequent Ministerial advice before adoption of the plan.
Clause 115 requires that a local government must keep available for
public inspection at no charge a copy of its stock route network
management plan in a written or electronic form.
PART 4--STOCK ROUTE AGISTMENT PERMITS
Division 1 --Obtaining permits
Clause 116 enables a landowner or their agent to apply to a local
government for an agistment permit over land that forms part of the stock
route network or a road under local government control in that local
government area. This application is limited to eligibility criteria that the
landowner's stock are subject to adverse conditions as a result of drought,
flood or fire or for stock travelling under permit requiring animal
husbandry or spelling. Permits can also be granted when the pasture
requires management to maintain or enhance its long-term use as identified
in the management plan for that part of the network. If the agistment is to
be for pasture management then the availability of the areas is to be
publicly advertised in a newspaper. Applications are to be accompanied by
the prescribed fee and can be made in written or electronic form or made
orally.
Clause 117 gives the local government the power to request further
reasonable information from the applicant, by written notice, to decide the
application. If the applicant does not provide the information by the stated
date, without reasonable excuse, the local government may refuse the
application.
Clause 118 specifies points a local government issuing entity must
consider to decide the application. The use of the particular land for stock
agistment must be consistent with the local government stock route
network management plan and the issuing entity is to be satisfied--
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· the applicant has not held an agistment permit for the particular
land in the last 3 months; and
· there will remain sufficient pasture and water available on the
particular land for the use of travelling stock as well as for the
agistment; and
· the particular land is not held under another lease, permit or
licence; and
· the stock's agistment is not likely to lead to bring in or spread
declared pests on land within the local government area; and
· the stock's grazing is not likely to degrade the land; and
· the stock's agistment on the particular land does not present a
road safety risk; and
· the stock are not affected by a notifiable disease; and
· for a state controlled road, the approval, with or without
conditions is obtained.
Clause 119 requires that if the local government decides to grant the
application, it must issue the stock route agistment permit in the approved
form, and include written notice of the conditions and reasons for them and
how they may be reviewed. A copy of the permit is required to be given to
the chief executive.
Clause 120 sets out the duration for a permit for the number of days, but
not more than 28 days.
Clause 121 requires that if the local government decides to refuse the
application the local government must give the applicant a written notice
that advises reasons for the refusal and advises how to ask for a review of
the decision. The applicant is to be refunded the application fee paid.
Division 2-- Renewing permits
Clause 122 enables the holder of a stock route agistment permit to apply
for a renewal before it expires and upon payment of the prescribed fee. The
application may be made in written or electronic form or may be made
orally.
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Clause 123 gives the grounds for a renewal, to be once only, for a period
of up to 28 days if water and pasture is sufficient for travelling stock needs
as well as the agistment.
Clause 124 requires the local government, if it decides to renew the
permit, to give the applicant a fresh permit in the approved form with any
conditions and the reasons for them and how to apply for a review. A copy
of the permit is required to be given to the chief executive.
Clause 125 requires the local government to give a review notice and to
refund the permit fee if it decides to refuse the application.
Division 3 --Conditions of permits
Clause 126 gives the local government the power to impose reasonable
conditions upon a stock route agistment permit and outlines a range of
examples including keeping stock enclosed, supervised or off road
surfaces, erecting signs to warn of the presence of stock, requiring the
applicant to possess a public liability insurance cover and allowing
conditions specific to a State controlled road.
Clause 127 enables the applicant to ask for amendment of the permit
conditions and sets out the process of application, consideration, written
advice to the permit holder and the giving of a review notice if the
application is refused.
Division 4--Cancellation of permits
Clause 128 enables a local government to cancel an agistment permit
and sets out the circumstances as false representations, non-compliance
with permit conditions or lack of pasture or water. Written advice is to be
given to the permit holder as to grounds and circumstances, how to ask for
a review and refund of unused portion of fees is to be made. Cancellation
takes effect immediately the notice is given.
Division 5--Reviewing decisions about permits
Clause 129 enables the chief executive to review a local governments
decision made in relation to all aspects of stock route agistment permits.
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The chief executive is required, to confirm or revoke the decision by
written notice, and give direction to the local government within 14 days of
being asked for the review. An information notice about any changed
conditions is to be given.
The request for review does not itself stay the operation of a decision.
Division 6 --Replacing permits
Clause 130 provides a local government may, by written notice, require
the permit holder to return a permit for amendment after a review decision
within a reasonable period. The clause makes it an offence for the holder
not to comply with the written notice unless the holder has a reasonable
excuse. The local government must issue a replacement permit to the
holder and give the chief executive a copy. Amendment of the permit does
not depend on it being replaced under this clause.
PART 5--STOCK ROUTE TRAVEL PERMITS
Division 1 --Preliminary
Clause 131 provides this part applies to stock driven on foot on land
described as forming part of the stock route network or unallocated State
land adjoining the network and a road or land that is controlled by a local
government.
Some parts of the stock route network are also the corridor for State
controlled roads and Section 47 of the Transport Infrastructure Act 1994
has requirements under that Act about stock movements on State controlled
roads.
Clause 132 provides that a person must not drive stock on foot on any
road or the stock route network under a local government's control without
the issue of a stock route travel permit. The clause makes it an offence
unless the stock movement is exempt.
Clause 133 sets out when stock movements on foot do not require a
permit such as movements under one day in daylight hours and must be for
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animal husbandry purposes or property management purposes for
properties worked as one unit.
The Transport Infrastructure Act 1994 at section 47 sets out
requirements under that Act about movements of stock on State controlled
roads and should be read in conjunction with this clause.
Division 2 --Obtaining permits
Clause 134 enables the owner of stock, or a person acting on the owner's
behalf to make application for a stock route travel permit. The application
may be made to a local government in a written or electronic form or may
be made orally and the applicant must pay the fee prescribed by a
regulation.
Clause 135 gives the local government the power to require, by written
notice, further reasonable information to decide the application. If the
applicant does not provide this further information by the stated date
without reasonable excuse, the local government may refuse the
application.
Clause 136 sets out the points a local government must consider to
decide to issue a stock route travel permit. A local government can also
issue a permit covering another local government area, if each local
government involved for the journey agrees in writing. These are the points
that a local government is required to be satisfied--
· there is sufficient pasture and water on the land where the stock
will travel; and
· the stock's travel will not contribute to the spread of declared
pests within the local government's area; and
· the stock's travel is not likely to spread a notifiable disease; and
· the rate of travel of the stock will be at least that stated under the
permit; and
· the stock's travel does not present a road safety risk; and
· the written consent has been obtained from any local government
for the stock's travel along the intended journey; and
· the approval for travel on a state controlled road, with or without
conditions, has been obtained under the Transport Infrastructure
Act 1994.
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Clause 137 requires that, if the local government decides to grant the
application, it must issue the stock route travel permit in the approved form
and include written notice of the conditions and reasons for them and how
they may be reviewed. A copy of the permit is required to be given to the
chief executive.
Clause 138 sets out the duration period a permit is in force.
Clause 139 requires that if a local government decides to refuse the
application, the local government must give the applicant a written notice
that advises reasons for the refusal and advises how to ask for a review of
the decision. The applicant is to be refunded the permit fee paid.
Division 3 --Notice of correct particulars
Clause 140 requires a permit holder to notify a change of circumstances
by providing full correct particulars as soon as practicable to the local
government that issued the permit. An example may be increased numbers
of stock because of purchase, a change of authorised route to take
advantage of good pasture or a change of authorised route because of no
water. The clause makes it an offence not to notify a change in
circumstances that affects the permit.
Clause 141 provides that a local government can require the return of the
permit, by written notice, in the case of changed circumstances and correct
particulars. The clause makes it an offence not to return the permit unless
the holder has a reasonable excuse. The local government must issue a
replacement permit covering the correct particulars and give a copy of the
permit to the chief executive.
Division 4 --Conditions of permits
Clause 142 gives the local government the power to impose reasonable
conditions upon a stock route travel permit and outlines a range of
examples including hours of day for travel, movement specific to stated
locations, keeping stock enclosed or supervised, erecting signs about the
presence of stock, requiring the applicant to possess public liability
insurance cover and allowing conditions specific to a State controlled road.
Clause 143 enables the applicant to ask for amendment of the permit
conditions and sets out the process of application, consideration, written
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advice to the permit holder and the giving of a review notice if the
application is refused.
Division 5 --Cancellation of permits
Clause 144 enables a local government to cancel a travel permit and sets
out the circumstances as false representations, non-compliance with permit
conditions, or lack of pasture or water. Written advice is to be given to the
permit holder as to the grounds and circumstances, how to ask for a review
and refund of unused portion of fees is to be made for cases exceeding 100
kilometres of travel. Cancellation takes effect immediately the notice is
given.
Division 6--Reviewing decisions about permits
Clause 145 enables the chief executive to review a local governments
decision made in relation to all aspects of stock route travel permits. The
chief executive is required, by written notice, to confirm or revoke the
decision and give direction to the local government within 7 days of being
asked for the review. An information notice about any changed conditions
is to be given. The request for review does not itself stay the operation of
the decision.
Division 7 --Miscellaneous provisions
Clause 146 provides that a local government may, by written notice,
request the permit holder to return a permit for amendment after a review
decision within a reasonable period. The clause makes it an offence for the
holder not to comply with the written notice unless the holder has a
reasonable excuse. The local government must issue a replacement permit
to the holder and give the chief executive a copy. Amendment of the permit
does not depend on it being replaced under this clause.
Clause 147 requires the person in charge of stock being driven on foot
under a stock route travel permit must travel stock in a direction toward
their destination at a rate of not less than 10 kilometres in each 24 hours,
unless the permit states otherwise. The rate of travel is to be calculated by
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inspections conducted by the local government timed to be at least 24 hours
apart. In calculating the rate of travel these periods are not to be included--
· when rain, flood, fire or unavoidable circumstance reasonably
prevents the movement of the stock, or
· when the stock are lawfully kept or depastured elsewhere.
The clause makes it an offence for the permit holder not to comply with
the rate of travel unless the holder has a reasonable excuse.
PART 6--FENCING STOCK ROUTES
Clause 148 seeks to protect or improve the stock route network by
giving a local government the power to decide that a stock-proof fence
must be built on private land adjoining the stock route network to prevent
land degradation caused by local grazing pressure, to prevent damage to
constructed water facilities, to remove interference with mobs of travelling
stock or to protect natural resources and biodiversity. It is not intended to
apply to State controlled land.
Clause 149 enables a local government to issue a written notice to the
owner of private land adjoining the stock route network to build a stock-
proof fence on the boundary to prevent stock on the private land entering
any part of the network. The fencing notice must give a reasonable period
to build the fence and must be accompanied by an information notice about
the decision.
Clause 150 establishes an obligation to build the fence and makes it an
offence not to build the fence within the reasonable period unless the owner
has a reasonable excuse.
Clause 151 establishes an obligation for the owner of land that adjoins
the stock route network to maintain a built boundary fence in a stock-proof
condition so as to prevent the straying of stock onto the stock route
network. The clause makes it an offence not to maintain a fence unless the
owner has a reasonable excuse.
Clause 152 provides if the landowner does not comply with the notice to
fence or fails to maintain a built boundary fence in a stock-proof condition,
the local government may enter upon the owner's land for the purpose to
build the fence or to bring the built fence to a stock-proof condition. The
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local government must give the owner at least 7 days written notice
informing of the intent to enter, the purpose, the anticipated date of entry
and the anticipated completion date.
Clause 153 provides that, if a local government enters land under a
notice to fence and performs the work, the costs reasonably incurred in the
action are a debt payable to the local government. This debt is payable for
the landowner or jointly and severally by the landowners. If the debt is not
paid by the due date then interest may be charged on the amount overdue,
as prescribed in a regulation.
Clause 154 specifies if the amount charged under a notice to fence is not
paid it becomes a charge upon the land as if it were an unpaid amount
under the Local Government Act 1993, section 1068. This shall be a charge
upon the land even if it is only a part of the land that is affected. This does
not limit any other remedy for the recovery of the amount.
PART 7--OTHER PROVISIONS ABOUT STOCK ROUTE
NETWORK MANAGEMENT
Division 1--Mustering Stock
Clause 155 enables a local government to require that stock be mustered
upon relevant land in its area and is intended to give some control over the
movements of stock under permit.
Clause 156 provides that a local government may, by written notice
given to the permit holder, require the mustering of stock on the land. The
notice must state the reasonable period in which stock are to be mustered
and give an information notice about the decision to call for the muster.
Clause 157 establishes an obligation and makes it an offence not to
comply with the muster notice.
Clause 158 provides that if the permit holder does not comply with the
muster notice the local government may enter the land at any reasonable
time to muster the stock. If the land is subject to lease the local government
will enter the land only with the landowner's consent or upon written
notice provided to the landowner at least 24 hours before the entry.
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Clause 159 specifies that the costs incurred in performing the muster
become a debt payable to the local government by the permit holder and if
the debt is not paid interest may be charged at the rate prescribed by a
regulation.
Division 2 --Pasture on stock route network
Clause 160 provides that a local government must manage and conserve
the pasture, including herbage, on the stock route network in its area so as
to ensure there is an adequate supply for travelling stock in normal
circumstances, that is, in the absence of fire, flood or drought conditions.
Clause 161 provides for the circumstance where the land is fenced so as
to include the stock route network within private land and local government
reasonably believes that the sustainable use of pasture on the stock route
network is threatened because there is over-grazing caused by the numbers
of stock on the land. It gives a local government the power to issue a
written notice to the owner of the land that requires the owner to reduce the
number of stock grazing upon the total area of land (private land plus stock
route network). The notice is to state the number of stock that should
reasonably be grazed upon the total area of land, including the enclosed
stock route network, and the reasonable date by which the reduction in
numbers must be made. The clause makes it an offence for the owner of the
land not to comply unless the owner has a reasonable excuse. This clause
does not limit the local government's powers to issue a notice to fence to
the owner of the land.
Division 3 --Travelling stock facilities and water facility agreements
Clause 162 provides that a local government must maintain all travelling
stock facilities on the stock route network within its area in good condition
and available for use. Should the Minister require it, the local government
is to supply water or facilities to stock travelling under permit in its area.
Clause 163 provides that the chief executive, a local government and an
owner of land situated in its area may enter into a written tripartite
agreement for the supply of water from a State owned water facility on the
stock route network or the purchase of water from private land adjoining
the stock route network. An agreement may also include such things as the
shared construction of a water facility by different parties in their separate
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assigned interests, the regular maintenance of any water facilities, or the
watering of travelling stock on private land where there is a facility. The
agreement must state who owns the facility and in what interests, who is
responsible for its control, maintenance and management, the fee payable
under the agreement and provide for termination by any party giving the
other parties written notice of termination according to a notice period.
Clause 164 provides that a local government must keep a register of all
agreements that it enters into regarding water facilities. The register will
describe the land to which or from which water is supplied, the
landowner's name and address, the fee payable and the party who is
responsible for control, maintenance and management and any minimum
guaranteed water supply. A person may, upon payment of a fee prescribed
by regulation, inspect a register or obtain a search of the register when the
local government's public office is open.
Clause 165 applies in the circumstance if, under a water agreement, the
State contributes to the construction cost of a water facility built upon
private land because it is the only or best available water source. The chief
executive may, with the consent of the landowner, register the agreement in
the freehold land register or the appropriate register for land leased from
the State. The agreement will be binding on successors in title to the land.
Division 4 --Stray stock
Clause 166 makes it an offence to allow stock to stray onto the stock
route network, without a reasonable excuse.
Clause 167 provides that if the chief executive officer of a local
government reasonably suspects that stock found upon the stock route
network are stray stock, the chief executive officer may seize the stock.
Clause 168 provides that where the chief executive officer of the local
government knows the owner of the stock a written notice of seizure must
be given. Where the owner of the stock is not known, the notice must be
published in a local newspaper advising that the stock will be disposed of
within 3 days of the notice if not claimed.
Clause 169 requires that a person who claims the stock must establish
legal ownership of the stock to the satisfaction of the chief executive officer
and must pay the reasonable costs of seizing, removing, and holding the
stock and giving the notice before the stock are to be released.
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Clause 170 outlines that where no person claims ownership of seized
stock the Chief executive officer of the local government may proceed to
public auction where the market value of the stock is believed to be less
than that set by a regulation. It is proposed that when the market value of
the stock is believed to be less than $1,000 the local government may
dispose of the seized stock as it thinks fit. Compensation will not be
payable for the loss of the stock after this public notice.
Clause 171 specifies that the chief executive officer shall apply the
proceeds from sale of the seized stock toward the reasonable expenses
incurred in the auction and the reasonable costs of seizing, removing and
holding stock and giving the seizure notice. Any residue amount may be
paid to the owner of the stock, if ownership becomes established, or may be
retained by the local government.
Clause 172 enables a chief executive officer of a local government to
destroy straying stock if there is a reasonable belief the stock are stray
stock found on the stock route network, it is not practicable to seize the
stock and it is in the interest of public safety to destroy the stock.
Compensation is not payable for stray stock destroyed under this clause.
PART 8--OTHER OFFENCES ABOUT THE STOCK
ROUTE NETWORK
Clause 173 makes it an offence for the person undertaking the activity
covered by a stock route agistment or travel permit to not comply with a
condition of the permit unless the person has a reasonable excuse. Also, the
person must produce the stock route travel permit to an authorised person
upon request.
Clause 174 makes it an offence to graze stock on the stock route network
unless it is done under a stock route agistment permit, stock route travel
permit, or by a permission that is given under another Act (example a
permit to occupy under the Land Act 1994 for grazing purposes), unless the
person has a reasonable excuse.
Clause 175 makes it an offence for a person to cause damage to a
travelling stock facility on the stock route network, without having a
reasonable excuse. An example of an offence would be to damage or
interfere with the working parts or equipment of the water facility.
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Clause 176 makes it an offence for a person to waste or pollute available
water from a travelling stock facility on the stock route network, without
the person having a reasonable excuse. An example of an offence would be
to place an animal carcass, or harmful chemical in water supplied from the
travelling stock facility.
Clause 177 makes it an offence to take water from a travelling stock
facility on the stock route network other than by an agreement or as
authorised by a permit, unless the person has a reasonable excuse. An
example of an offence would be re-directing water from a State owned
facility to a private property for a private use without permission.
Clause 178 makes it an offence for a person to camp within 300m of an
artificial water point on the stock route network unless the person has a
reasonable excuse. This is intended to not hinder access to the water point
and allow the watering of stock travelling under permit.
Clause 179 makes it an offence for a person to obstruct the movement of
travelling stock along the stock route network without a reasonable excuse.
Examples of an offence would include to prevent the passage of the stock
or to use vehicles, animals or noise to threaten or alarm stock travelling
under permit.
Clause 180 makes it an offence for a person to burn pasture upon the
stock route network without the consent of the local government for the
area, unless the person has a reasonable excuse. It also makes it an offence
to remove pasture on the stock route network without the approval of the
local government for the area, unless the person has a reasonable excuse.
An example of an offence would be the cutting and baling of Mitchell grass
to make hay without first obtaining the approval of the local government.
Clause 181 makes it an offence for a person to place a thing on the stock
route network that is likely to harm stock or to obstruct stock movement,
unless the person has a reasonable excuse. An example of an offence would
be the dumping of animal carcasses, car bodies, water tanks, fencing, wire
or rope on the stock route network.
Clause 182 makes it an offence for a person in charge of stock covered
by a stock route travel permit to enter a part of the stock route network
where there is a permission under another Act for stock to be grazed
(Example, a special lease or permit to occupy under the Land Act 1994)
unless at least 48 hours prior notice of the intention to use that section of
the stock route network is given to the land owner of that part of the
network. Also, it makes it an offence for the owner of the land, unless the
owner has a reasonable excuse, to not allow the travelling stock, to travel
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through unimpeded, to graze the pasture and to drink the water on the
section of the stock route network and the owner's stock must not obstruct
the travel of the stock through the section of the stock route network.
CHAPTER 4--MATTERS RELATING TO LOCAL
GOVERNMENTS
Clause 183 sets out the functions that are given to a local government,
namely to--
· ensure that declared pests are managed within its area in
accordance with this Bill and the principles of pest management;
and
· manage the stock route network in its area in accordance with
this Bill and the principles of stock route network management;
and
· regulate and control the movement of stock driven on foot on the
stock route network.
Clause 184 gives the Minister the power to direct a local government to
perform a function or obligation under this Bill. The Minister must consult
the local government for its views before giving a written notice.
Clause 185 provides for the event that a local government does not
comply with the Minister's notice. A regulation may state the local
government's function or obligation, declare that it is given with full
powers to the chief executive and direct the chief executive to perform the
required action within a period of time.
Clause 186 specifies that the costs reasonably incurred by the chief
executive in performing the actions for a function or obligation under a
regulation are a debt payable by the local government to the State.
Clause 187 provides that the Minister may require a local government to
pay in each financial year an amount to the chief executive for services
provided or to be provided under this Bill. Examples of the chief
executive's services may include research, public education, planning,
mapping, training, technical advice and support, but does not include the
normal functions of local government in pest and stock route management.
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The amount must not exceed the maximum amount to be fixed by a
regulation. It outlines things that may be included, namely--
· whether a declared pest fence benefits land by protecting
agricultural production within the local government area; or
· whether a part or all of the area in the operational area for
rabbits; or
· whether land within the local government area is likely to benefit
from pest control programs such as emergency control action.
Clause 188 provides that the Minister may require a local government to
provide information about an amount that is payable under the legislation
or to give a report about a function or power performed or exercised or
required to be performed or exercised under the Bill.
CHAPTER 5--LAND PROTECTION COUNCIL AND
LAND PROTECTION FUND
PART 1--LAND PROTECTION (PEST AND STOCK
ROUTE MANAGEMENT) COUNCIL
Division 1 --Establishment
Clause 189 provides for the establishment of the Land Protection (Pest
and Stock Route Management) Council.
Division 2 --Functions
Clause 190 sets out the functions of the Land Protection Council to give
advice of a strategic nature to the Minister about the management of pests
and the stock route network and outlines matters where recommendations
may be made.
Clause 191 enables the Land Protection Council to perform its functions
either by Ministerial request or on its own initiative.
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Clause 192 provides the Minister must consider Council
recommendations and respond with written advice.
Division 3 --Membership
Clause 193 specifies 15 members of the Land Protection Council will be
appointed by the Minister and outlines how the organizational
representation is to be sourced.
Clause 194 provides that if a representative organization does not
nominate a person for membership on the Land Protection Council the
Minister may appoint a person in that place.
Clause 195 outlines the circumstances where a person is not qualified to
be or continue to be a Council member.
Clause 196 provides that the Minister decides the conditions, other than
under this Bill for a Council member to hold office.
Clause 197 provides that the Minister decides the remuneration and
allowances for members other than officers of the public service.
Clause 198 sets out that a member's term of appointment is by
instrument of appointment and must not be more than 3 years.
Clause 199 specifies the circumstances where the member's office on the
Council becomes vacant.
Division 4--Proceedings
Clause 200 enables the Land Protection Council to conduct its business,
including the meetings, how it considers appropriate.
Clause 201 specifies that the Land Protection Council can decide its own
meeting times, although, it must meet at least three times per year. The
chairperson may call a meeting at any time or must call a meeting if
requested by the Minister.
Clause 202 provides that a quorum for Council meetings shall be 8
members. When members have been stood down after notifying an interest
in the subject to be discussed, the remaining members are to be sufficient to
meet that quorum.
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Clause 203 specifies that the chairperson must preside at all meetings or
in the chair's absence a member chosen by other members present must
preside.
Clause 204 sets out conduct of meetings, including acceptable use of
teleconferencing or video-conferencing in lieu of member attendance and
how the decisions of the Council are to be reached by majority vote.
Clause 205 specifies that written agreement of at least 8 members is a
valid resolution of the Council although the notice of resolution is not
passed at an ordinary meeting of the Land Protection Council.
Clause 206 provides that a member must not have an interest that could
conflict with proper performance of duties when an issue about that interest
comes before the Land Protection Council to consider. Unless the Council
directs otherwise, the member is not to be present for consideration or to
take part in the decision. The disclosure of interest is to be recorded in the
meeting minutes. Offence penalties are provided and interest does not
include an interest that the member has in common with other members of
the entity represented by the member.
Clause 207 specifies the Land Protection Council is to record
proceedings of meetings in minutes.
Division 5--Annual report
Clause 208 provides that after the end of each financial year the Land
Protection Council must prepare and give a written report to the Minister
about its activities. The Minister must table a copy of the report in the
Legislative Assembly.
PART 2--LAND PROTECTION FUND
Clause 209 establishes a Land Protection Fund for financial collections
and expenditure under this Bill.
Clause 210 sets out the purpose and the operations of the Land
Protection Fund and the financial collections expected for the fund.
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Clause 211 provides that expenditure from the Land Protection Fund
shall be for expenses incurred by the chief executive or a pest operational
board, for any payment permitted under the legislation or authorised by the
chief executive to be paid from the Fund.
Clause 212 provides that 50 percent of any amount received by a local
government for a stock route travel permit, a stock route agistment permit,
or for water supplied from a government facility is to be paid into the Land
Protection Fund. The balance is to be retained by the local government for
the administration, maintenance and improvement of the stock route
network in the local government's area. Payment of amounts is to be at
intervals of not more than 3 months decided by the local government.
CHAPTER 6--PEST OPERATIONAL BOARDS
PART 1--GENERAL
Clause 213 enables a pest operational board to carry out pest
management operations within a particular part of the State to be
established under a regulation and sets out the requirements to be met in
making the regulation.
Clause 214 provides that a pest operational board is to be a body
corporate, have its own seal and may sue or be sued in its corporate name.
Clause 215 provides that a pest control board represents the State and
has the privileges and immunities of the State.
Clause 216 specifies that a pest operational board is a statutory body
under the Financial Administration and Audit Act 1977 and the Statutory
Bodies Financial Arrangements Act 1982 and states the relationship of the
board's powers under this Bill.
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PART 2--FUNCTION AND POWERS
Clause 217 sets out the function of pest control boards in their particular
operational area and how the function is to be achieved.
Clause 218 provides that a pest control board has all the powers of an
individual and gives examples that show the extent of powers that a pest
operational board may exercise.
Clause 219 provides the Minister with the power to issue a written
direction to a pest operational board about the performance of a function or
exercise of its powers if satisfied it is necessary in the public interest. It
requires the Minister to consult with the board before giving the direction
and the direction is to be gazetted within 21 days.
PART 3--BOARD OF DIRECTORS
Division 1--Establishment and role
Clause 220 specifies that a pest operational board must have a board of
directors.
Clause 221 outlines the board of directors is responsible for the function
and exercise of powers and to ensure performance in an appropriate,
effective and efficient way.
Division 2 --Provisions about directors
Clause 222 provides the Minister is to appoint directors.
Clause 223 sets out the directors of the board choose the chair or if a
chair is not chosen for the first meeting it is the director chosen by the chief
executive. It further provides the chair holds office until the next annual
meeting of the board.
Clause 224 outlines requirements for qualification for appointment as a
director.
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Clause 225 sets out a term of appointment for a director or a casual
director to be as stated in the instrument of appointment but, no more than
3 years.
Clause 226 sets out the circumstances for termination of an appointment
of a director of the board by the Minister.
Clause 227 outlines the circumstances when the office of a director of
the board becomes vacant.
Division 3 --Director's duties
Clause 228 provides that a director must not have an interest that could
conflict with proper performance of duties when an issue about that interest
comes before the board. Unless the board directs otherwise, the director is
not to be present for consideration to take part in a decision. The disclosure
is to be recorded in the meeting minutes. Offence penalties are provided
and interest does not include an interest that the director has in common
with others of any nominating entity.
Clause 229 removes any doubt that the director is required to act in the
best interests of the pest operational board.
Division 4--Business and meetings
Clause 230 enables the board to conduct its business and meetings in the
way it considers appropriate.
Clause 231 specifies the meeting arrangements and when a meeting is to
be called.
Clause 232 sets out the quorum requirement of a board.
Clause 233 sets out that the chair or another director chosen by the
directors is to preside at meetings.
Clause 234 sets out conduct of meetings, including acceptable use of
teleconferencing or video-conferencing in lieu of member attendance and
how decisions of the board are to be reached by majority vote.
Clause 235 specifies the board is to record proceedings of meetings in
minutes.
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Division 5--Director's fees and allowances
Clause 236 provides entitlement to fees and allowances is to be approved
by the Minister.
PART 4--FINANCIAL MATTERS
Clause 237 requires a pest operational board to provide written estimates
of operational costs including a works program for each financial year at
least 2 months before the start of the financial year.
Clause 238 provides a pest operational board must obtain the approval of
the Minister for its financial year's work program and cost estimates.
PART 5--OTHER PROVISIONS ABOUT PEST
OPERATIONAL BOARDS
Clause 239 enables a pest operational board to delegate its power to an
appropriately qualified person or sub-delegate a power of the chief
executive if permitted to do so.
Clause 240 requires a pest operational board to give the Minister a
written report about the board's operations after the end of each financial
year and the Minister must table the report in the Legislative Assembly.
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CHAPTER 7--INVESTIGATION AND
ENFORMCEMENT
PART 1--PEST SURVEY PROGRAMS
Clause 241 provides that the chief executive, a pest control board or a
local government may approve a pest survey program for the purpose of
entering places, other than residences, to monitor compliance with the
requirements about declared pests under this Bill. The pest control board
and local government are limited to the area of the State that is described
for their jurisdictional responsibility. It outlines the public information
content that is required for the program and gives the period of effect as no
more than 3 months. This clause is modelled on the "approved inspection
program" under the Local Government Act 1993.
Clause 242 requires that the pest survey program must published in a
local newspaper at least 14 days before and not more than 28 days before
the program commences. The notice will advise how a copy of the program
may be inspected or obtained at a cost.
Clause 243 specifies where a copy of the program is to be available for
inspection or purchase.
PART 2--AUTHORISED PERSONS
Clause 244 enables the chief executive, pest control board or a local
government to appoint a person to be an authorised person for this Bill. The
appointing authority must be satisfied the person has the proper expertise
or experience to be authorised.
Clause 245 specifies that an authorised person holds office on the
conditions stated in the person's instrument of appointment, a signed notice
given to the person, or a regulation and that the instrument of appointment,
signed notice or regulation may limit the authorised person's powers under
the Bill. The appointment may relate to a part of the State that is an area of
jurisdictional responsibility.
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Clause 246 requires the appointing entity to issue the authorised person
with an identity card containing a recent photograph of the authorised
person and sets out other relevant particulars to be added.
Clause 247 requires an inspector to produce the inspector's identity card
before exercising any power under the Bill or display the card when
exercising the power. However, if it is not practicable to comply with this
requirement, the authorised person must produce the card at the first
available opportunity.
Clause 248 specifies the circumstances under which an authorised
person ceases to hold office.
Clause 249 specifies how an authorised person may resign the office.
Clause 250 makes it an offence for a person who ceases to be an
authorised officer, without reasonable excuse, to fail to return the person's
identity card to the chief executive within 21 days after ceasing to be an
authorised person.
PART 3--POWERS OF AUTHORISED PERSONS
Division 1 --Entry to places other than vehicles
Clause 251 sets out the circumstances where an authorised person may
enter a place that is not a residence or a dwelling. In addition to the power
to enter public land or public places and business premises that are
normally open to the public at that time, other entry may be made by
consent of the occupier or authorised by warrant. Specific provisions that
allow entry by an authorised person in other circumstances are--
· the entry is necessary to monitor compliance with a pest control
notice or an emergency quarantine notice that has been given to
the owner; and
· the entry is to take action because of a landowner's failure to
comply with an emergency quarantine notice; and
· the entry is made under an advertised pest survey program and
the entry is made at a reasonable time.
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Also, in line with the Local Government Act 1993, an authorised person
may enter land around premises at a place to the extent that is reasonable to
contact the occupier or enter the place where the authorised person
reasonably considers members of the public are ordinarily allowed to enter
in order to contact the occupier.
Clause 252 outlines the procedures that an authorised person must
follow when seeking consent to enter a place. It is provided that, should the
issue arise in a proceeding whether the occupier consented to the entry, the
onus is on the person relying on the lawfulness of the entry to prove that the
occupier consented to the entry.
Clause 253 specifies that, for cases of entry where special provisions
apply, the authorised person must make a reasonable attempt to inform the
occupier of the purpose of the entry and of the notice that has been given
for the entry.
Clause 254 provides that an authorised person may apply to a Magistrate
for a warrant to enter a place.
Clause 255 sets out the conditions when a Magistrate may issue a
warrant and specifies the information that must be stated in the warrant.
Clause 256 provides that an authorised person may apply for a warrant
by telephone, facsimile, radio or another form of communication because
of urgent or other special circumstances.
Clause 257 outlines the procedures that must be followed by an
authorised person prior to entering a place under a warrant.
Division 2 --Entry to vehicles
Clause 258 provides that an authorised person may enter a vehicle if the
person in control consents to the entry or if the authorised person
reasonably suspects the vehicle to be involved in the commission of a
declared pest offence or it may provide evidence of the commission of a
declared pest offence.
Clause 259 outlines the procedure that must be followed by an
authorised person before entering a vehicle including telling the driver the
purpose of the entry and requirement to ask consent although entry is
permitted under this Bill.
Clause 260 provides that an authorised person may signal the person in
control of the vehicle to stop the vehicle or not move the vehicle.
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Clause 261 makes it an offence for the person to disobey the signal
without a reasonable excuse.
Clause 262 provides that an authorised person may give directions to the
person in control of the vehicle, with a warning, to give reasonable
assistance, to take the vehicle to a stated place, to wash down or clean the
vehicle or anything in or on the vehicle and to remove any reproductive
material of a declared pest plant. It makes it an offence to not comply with
a requirement.
Division 3 --Powers for entry to all places
Clause 263 specifies what powers are available to an authorised person
who has entered a place for the purposes of monitoring or enforcing
compliance with the Bill and includes a requirement to provide reasonable
assistance or to give information to the authorised person. The authorised
person is further required to issue a warning about the requirement and
awareness of reasonable excuse.
Clause 264 makes it an offence for a person to not give reasonable
assistance, unless the person has a reasonable excuse. An example of an
excuse would be a tendency to incriminate the person.
Clause 265 makes it an offence to not give required information, unless
the person has a reasonable excuse. An example of an excuse would be a
tendency to incriminate the person.
Division 4 --Seizure
Clause 266 provides an authorised person who enters a place, without
consent or warrant, with the power to seize a thing at the place entered,
only if the authorised person reasonably believes that the thing is evidence
of an offence against the Bill.
Clause 267 provides an authorised person with the power to seize a thing
at a place if--
· the authorised person obtained the necessary consent to enter the
place; and the inspector reasonably believes that the thing is
evidence of an offence against the Bill; and seizure of the thing is
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consistent with the purpose of entry as told to the occupier when
asking for the occupier's consent; or
· the authorised person is able to enter the place under a warrant
and the seizure is authorised by the warrant; or
· the authorised person reasonably believes another thing at the
place is evidence of an offence against the Bill and needs to be
seized to secure evidence or to prevent repeat offences; or has
just been used in committing an offence against the Bill.
Clause 268 specifies the steps an authorised person may take in relation
to a thing that has been seized as to move the thing from the place where it
was seized or leave the thing at the place of seizure but restrict access to it.
Clause 269 makes it an offence for a person to tamper or attempt to
tamper with the seized thing or with the thing that restricts access, without
the authorised person's approval.
Clause 270 provides that an authorised person may require a person in
control of a seized thing to take it to a stated reasonable place by a stated
reasonable time; and if necessary, to remain in control of it at the stated
reasonable place for a stated reasonable time.
Clause 271 requires an authorised person to issue a receipt for any
seized thing and to give the receipt to the person from whom the thing was
seized. However, if it is not practicable the authorised person must leave
the receipt at the place of seizure in a conspicuous position and in a
reasonably secure way. This does not apply to a thing that because of its
nature, condition or value renders this to be impracticable. The receipt must
describe each seized thing and its condition and, for a declared pest, state
the time the pest was seized and the owner may produce to the authorised
person, within 48 hours of the seizure time, the declared pest permit for the
pest. If the permit is not produced within the 48 hours, the authorised
person may destroy or dispose of the pest.
Clause 272 specifies the circumstances when an authorised person must
return a seized thing to its owner.
Clause 273 allows the owner of seized thing to have access to it for
inspection or copying (if it is a document) until it is forfeited, disposed of
or destroyed.
Clause 274 requires that an authorised person must give the owner of a
pest an opportunity to produce the declared pest permit for the pest within
48 hours of seizing it. If the owner does not produce the permit, the
authorised person may destroy or dispose of the pest in a reasonable way
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decided by the authorised person. A notice of the destruction or disposal of
the pest must be given to the owner and no compensation is to be payable.
Division 5--Forfeiture
Clause 275 outlines the circumstances when a thing seized in connection
with a suspected offence is forfeited to the State because a owner can not
be located or it would be unreasonable to make efforts to return the thing to
its owner.
Clause 276 provides, upon conviction of a person for an offence under
this Bill, a Court may order forfeiture to the State of any thing owned by
the person or the seized thing.
Clause 277 enables the chief executive to deal with a thing forfeited to
the State, as the chief executive considers appropriate, including the
destruction or disposal of the thing.
Division 6 --Other powers
Clause 278 enables an authorised person, if an offence has or appears to
have been committed against the Bill, to require a person to state the
person's name and residential address, and to produce evidence of the
correctness of the stated name or address. When making such a
requirement, the authorised person must warn the person that it is an
offence to fail to state the person's name or address, unless they have a
reasonable excuse.
Clause 279 makes it an offence for a person, without reasonable excuse,
to fail to comply with a request to give the person's name and address.
However, there is no offence if the person is not proved to have committed
the offence.
Clause 280 provides that, if an authorised person reasonably believes
that an offence against this Bill has been committed and a person may be
able to give information about the offence, a notice may be given requiring
the person to give information about the matter at a stated reasonable place
and at a stated reasonable time.
Clause 281 makes it an offence for a person, without a reasonable
excuse, to fail to comply with an information requirement of the authorised
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person. A reasonable excuse would be the giving of information that might
tend to incriminate the person.
Clause 282 enables an authorised person to require a person to make
available for inspection or copying a document issued to the person or
required to be kept under this Bill.
Clause 283 makes it an offence to not produce or make available for
inspection a required document, unless the person has a reasonable excuse.
PART 4--NOTICE OF DAMAGE
Clause 284 sets out this part applies to damages caused when an
authorised person exercises a power under the Bill, other than damage
reasonably believed to be trivial.
Clause 285 requires an authorised person to give written notice of
damage to the owner or person who possesses the thing. The notice must
give particulars of the damage for possible compensation and be left in a
conspicuous position in a reasonably secure way. The notice may include a
belief the damage was caused by a latent defect in the thing.
PART 5--OTHER OFFENCES
Clause 286 makes it an offence for a person to state anything to an
authorised person that the person knows is false or misleading in some
material particular.
Clause 287 makes it an offence for a person for a person to give an
authorised person a document containing information that the person
knows is false or misleading in a material particular.
Clause 288 makes it an offence to obstruct an authorised person in the
exercise of a power, unless the person has a reasonable excuse. If the
authorised person decides to exercise the power and the person's conduct is
considered to be an obstruction, a warning is to be given.
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Clause 289 provides that a person must not impersonate an authorised
person appointed under the Bill.
CHAPTER 8--EVIDENCE AND LEGAL
PROCEEDINGS
PART 1--EVIDENCE
Clause 290 sets out that this part relates to a proceeding under the Bill.
Clause 291 specifies the things relating to appointments that it is not
necessary to be proved in a court proceeding.
Clause 292 specifies that the signature purporting to be that of a person
named in the appointment is not necessary to be proved in a court
proceeding.
Clause 293 specifies that a certificate purporting to be signed by the
appointed entity is evidence of a matter including a notice, direction,
requirement, permit, document or appointment under the Bill.
PART 2--LEGAL PROCEEDINGS
Clause 294 sets out how a proceeding for an offence against the Bill
must start in a summary way under the Justices Act 1886 within 1 year after
the commission of the offence or 1 year after it comes to knowledge, but
within 2 years after the commission of the offence.
Clause 295 enables a court to order a convicted defendant to pay a
commencing entity's reasonable costs and expenses in taking the action
only if satisfied it is just in the circumstances of the particular case.
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CHAPTER 9--APPEALS
Clause 296 enables an aggrieved person to appeal to the Magistrates
Court for any appealable decision under the Bill.
Clause 297 outlines the process for a person to start an appeal to the
Magistrates Court within 28 days of having received notice of the decision
being appealed against.
Clause 298 provides the Magistrates Court may stay a decision appealed
against to ensure the effectiveness of the appeal.
Clause 299 sets out the process that the Magistrates Court may use to
hear and decide the appeal.
Clause 300 sets out the powers of the Magistrates Court to decide an
appeal and make an order for costs it considers appropriate.
Clause 301 specifies the decision of the Magistrates Court may be
appealed to the District Court, but only on a question of law.
CHAPTER 10--MISCELLANEOUS PROVISIONS
Clause 302 outlines the process for a person to pursue reasonable
compensation for loss or damage because of an exercise of power under
this Bill and, failing agreement between the parties, how a the matter may
be decided by a court.
Clause 303 provides the Minister may establish advisory committees
and decide the functions, membership and operations for the committee.
Clause 304 provides a delegation power for the Minister and sets out the
powers that may not be delegated under the Bill.
Clause 305 provides a delegation power for the chief executive and sets
out the powers that may not be delegated under the Bill.
Clause 306 provides a local government may delegate its powers under
the Bill.
Clause 307 outlines there is a protection from liability for persons
exercising powers under the Bill and a relevant person is not civilly liable
for an act done, or an omission made, honestly and without negligence
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under the Bill. Liability instead attaches to the State, the local government
or the pest operational board.
Clause 308 enables the chief executive to approve forms for use under
the Bill.
Clause 309 provides a regulation making power under the Bill.
CHAPTER 11--REPEAL, SAVINGS AND
TRANSITIONAL PROVISIONS
PART 1--REPEAL
Clause 310 repeals the Rural Lands Protection Act 1985.
PART 2-- SAVINGS AND TRANSITIONAL PROVISIONS
Division 1 --Preliminary
Clause 311 sets out the definitions for terms used in savings and
transitional arrangements.
Division 2 --Savings and transitional provisions
Clause 312 provides for the dissolution of the Rural Lands Protection
Board.
Clause 313 provides for the continuation of the Darling Downs
Moreton Rabbit Board as a pest operational board.
Clause 314 provides members of former rabbit board continue as the
Darling Downs Moreton Rabbit Board.
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Clause 315 provides for continuity of employment and conditions of
employment for employees of the Darling Downs Moreton Rabbit Board.
Clause 316 provides that the assets, rights and liabilities of the former
rabbit board are to vest in the Darling Downs Moreton Rabbit Board.
Clause 317 provides that any legal proceeding commenced by the rabbit
board may be continued and finished by or against the Darling Downs
Moreton Rabbit Board.
Clause 318 requires the Darling Downs Moreton Rabbit Board be
established by a regulation as legal successor of rabbit board.
Clause 319 provides that all existing permissions about introducing and
keeping declared pests are to continue in force for particular purposes.
Clause 320 provides that all existing applications to travel or depasture
stock not decided before the commencement of the Bill may be processed
as if they were applications under the Bill.
Clause 321 provides that all existing applications to keep or sell an
animal or plant not decided before the commencement of the Bill may be
processed as if they were applications under the Bill.
Clause 322 provides that a fence established under the former Act
becomes at the commencement a declared pest fence for a declared pest
species.
Clause 323 provides that all existing notices given to a person to control
declared animals and plants continues in force and any contravention of the
notice may be prosecuted under the former Act.
lause 324 provides that endorsements about certain notices, orders and
regulations issued under four sections of the former Act are to be removed
from the registers of land (refers to extraordinarily noxious plants notice,
control syndicates notice, barrier fence orders and ring fences regulation).
Clause 325 provides for the continuance of stock route water agreements
between a local government and a landowner entered into under the former
Act or an earlier Act, but it expires 2 years after the commencement of this
Bill or upon the agreement's earlier expiration date. The chief executive of
lands is to remove registrations of water agreements from all registers of
land upon expiration.
Clause 326 specifies any reference in an Act or document to the former
Act may be construed to be a reference to this Bill.
Clause 327 specifies any reference in an Act or document to the former
protection board may be construed to be a reference to the Council. Also,
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specifies any reference in an Act or document to the former rabbit board
may be construed to be a reference to the Darling Downs Moreton Rabbit
Board.
Clause 328 specifies that a reference to the former fund may be taken to
be a reference to the Land Protection Fund.
CHAPTER 12--CONSEQUENTIAL AMENDMENTS
Clause 329 provides consequential amendments to other Acts are made
by the schedule 2.
SCHEDULE 1
APPEALABLE DECISIONS AND AGGRIEVED PERSONS
Lists all matters that may be subject to an appeal by an aggrieved person.
SCHEDULE 2
CONSEQUENTIAL AMENDMENT OF ACTS
Fisheries Act 1994 Section 8(2)
"Marine plant"--This is to correct reference to the Act
Forestry Act 1959 Section 5
"Forest products"--This is to enable grasses on the stock route network
to be grazed by stock travelling or agisted under permit or by another
permission from a local government.
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Land Act 1994 Section 433
This is to delete rate of travel of stock that is now prescribed under this
Bill.
Schedule 6
"noxious plant"--This is to correct reference to the Act.
Police Powers and Responsibilities Act 2000
Authorised persons for this Bill will not be members of the Queensland
Police Service.
Stock Act 1915
"Stock route" This is to correct references to the Act.
Section 12(2)(b)
Removes the power to declare by regulation any road to be a stock route
for the use of travelling stock.
Section 37(1)(b)
Removes the offence about travel of stock by any road or route other
than a stock route.
Transport Infrastructure Act 1994
"ancillary works and encroachments" This makes reference to a stock
route travel permit under this Bill.
Water Act 2000
Section 215--This is to enable water to be taken under a licence other
than on land to which the licence attaches for the purpose of stock route
network water agreements.
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SCHEDULE 3
DICTIONARY
This is the dictionary of terms used in the Bill.
© State of Queensland 2001