LAND PROTECTION (PEST AND STOCK ROUTE MANAGEMENT) ACT 2002

Queensland Consolidated Acts

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LAND PROTECTION (PEST AND STOCK ROUTE MANAGEMENT) ACT 2002

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement

Part 2--Purpose and application of Act

Division 1--Purpose

3. Main purpose of Act
4. How purpose is achieved

Division 2--Application

5. Act binds all persons
6. Relationship with particular Acts
7. Relationship with Dividing Fences Act

Part 3--Interpretation

8. Definitions

CHAPTER 2--PEST MANAGEMENT

Part 1--Principles of pest management

9. Principles

Part 2--State pest management strategies and guidelines for managing pests

Division 1--State pest management strategies

10. State pest management strategies
11. Preparing strategies
12. Duration of strategies
13. Implementing strategies
14. Reviewing and renewing strategies

Division 2--Guidelines for managing pests

15. Chief executive may prepare guidelines

Division 3--Inspecting strategies and guidelines

16. Strategies and guidelines to be available for inspection

Part 3--Plans for managing pests on State-controlled land, and pest management committee

Division 1--Plans

17. Plan for managing pests on State-controlled land
18. Requirements of plan
19. Duration of plan
20. Plan to be available for inspection

Division 2--Pest management committee

21. Establishment of pest management committee
22. Functions of committee
23. Membership
24. Conduct of business

Part 4--Pest management plans for local government areas

25. Local governments to have pest management plan
26. Requirements of plan
27. Preparing draft plan
28. Notice of draft plan and consideration of public submissions
29. Minister to consider draft plan
30. Adopting plan
31. Duration of plan
32. Implementing plan
33. Reviewing and renewing plan
34. Amending plan
35. Plan to be available for inspection

Part 5--Declared pests

Division 1--Declaration of declared pests

36. Declaring declared pests by regulation
37. Declaring declared pests by emergency pest notice
38. Declared pest categories

Division 2--Offences about declared pests

39. Introducing declared pest
40. Feeding declared pest animal
41. Keeping declared pest
41A. Amnesty for keeping particular declared pests
42. Releasing declared pest
43. Taking declared pest plant for commercial use
44. Supplying declared pest
45. Supplying things containing reproductive material of particular declared pest plants
46. Moving or transporting vehicles and other things on roads

Part 6--Declared pest fences

Division 1--Fixing building line and building declared pest fences

47. Fixing building line and declaring pest animal for declared pest fence
48. Building declared pest fence

Division 2--General provisions about declared pest fences

49. Building gates and grids in declared pest fence
50. Maintaining declared pest fence
51. Power to enter land
52. Agreement to make opening in declared pest fence
53. Directing restoration of declared pest fence
54. Notice of damage

Division 3--Offences about declared pest fences

55. Damaging, or making openings in, a declared pest fence
56. Obstructing building, inspection or maintenance of a declared pest fence
57. Closing gates

Part 7--Declared pest permits

Division 1--Obtaining or renewing declared pest permits

58. Application for, or to renew, permit
59. Additional information for application
60. Deciding application
61. Issuing and renewing permit
62. Conditions of permit
63. Refusing application

Division 2--Amendment, suspension or cancellation of permits

64. Amendment
65. Suspension or cancellation—grounds
66. Suspension or cancellation—procedure
67. Immediate suspension
68. Direction to rectify
69. Failure to rectify
70. Notice and effect of suspension or cancellation
71. Return of suspended or cancelled permit

Division 3--Disposing of declared pests when permit is cancelled

72. Direction to dispose of declared pest

Division 4--Replacement and surrender of permits

73. Replacing permit
74. Surrendering permit

Division 5--Register of permits

75. Register

Division 6--Offence about declared pest permits

76. Noncompliance with permit conditions

Part 8--Pest control for land

Division 1--Obligation to keep land free of pests

77. Obligation of landowners

Division 2--Controlling pests

78. Pest control notice
79. Extending compliance period
80. Noncompliance with pest control notice
81. Entry to land by pest controller
82. Duration of entry notice

Division 3--Recovering costs

83. Amounts payable by landowner
84. Unpaid amounts are a charge on land
85. Registering charge on land under this Act

Division 4--Register of notices

86. Issuing entity's register

Part 9--Emergency control of declared pests

Division 1--Emergency control of declared pests by pest controllers

87. Application of div 1
88. Pest controller's authorisation to enter land

Division 2--Emergency quarantine notices

89. Application of div 2
90. Emergency quarantine notice
91. Directing authorised persons to take action under emergency quarantine notice

Division 3--Offences about emergency control of declared pests

92. Contravening emergency quarantine notice
93. Contravening authorised person's direction

Part 10--Control of dogs

94. Definitions for pt 10
95. Destruction of particular dogs
96. Maps to be available for inspection

CHAPTER 3--STOCK ROUTE NETWORK MANAGEMENT

Part 1--Principles of stock route network management

97. Principles

Part 2--State stock route network management strategy

98. State stock route network management strategy
99. Preparing strategy
100. Duration of strategy
101. Implementing strategy
102. Reviewing and renewing strategy
103. Strategy to be available for inspection

Part 3--Stock route network management plans

104. Application of pt 3
105. Local governments to have stock route network management plan
106. Preparing draft plan
107. Requirements of plan
108. Notice of draft plan and consideration of public submissions
109. Minister to consider draft plan
110. Adopting plan
111. Duration of plan
112. Implementing plan
113. Reviewing and renewing plan
114. Amending plan
115. Plan to be available for inspection

Part 4--Stock route agistment permits

Division 1--Obtaining permits

116. Application for permit
117. Additional information for application
118. Deciding application
119. Issuing permit
120. Duration of permit
121. Refusing application

Division 2--Renewing permits

122. Application for renewal
123. Deciding application
124. Issuing renewed permit
125. Refusing application

Division 3--Conditions of permits

126. Conditions that may and must be imposed
127. Amending conditions

Division 4--Cancellation of permits

128. Cancellation—grounds and procedure

Division 5--Reviewing decisions about permits

129. Review by chief executive

Division 6--Replacing permits

130. Issuing replacement permits after change of conditions or review of decision

Part 5--Stock route travel permits

Division 1--Preliminary

131. Application of pt 5
132. Stock movements requiring a stock route travel permit
133. Stock movements not requiring a stock route travel permit

Division 2--Obtaining permits

134. Application for permit
135. Additional information for application
136. Deciding application
137. Issuing permit
138. Duration of permit
139. Refusing application

Division 3--Notice of correct particulars

140. Permit holder to give notice of correct particulars
141. Issuing replacement permit on notice of correct particulars

Division 4--Conditions of permits

142. Conditions that may and must be imposed
143. Amending conditions

Division 5--Cancellation of permits

144. Cancellation—grounds and procedure

Division 6--Reviewing decisions about permits

145. Review by chief executive

Division 7--Miscellaneous provisions

146. Issuing replacement permit after change of conditions or review of decision
147. Rate of travel of stock

Part 6--Fencing stock routes

148. Application of pt 6
149. Fencing notice
150. Obligation to build fence
151. Obligation to maintain fence
152. Noncompliance with fencing notice or obligation to maintain fence
153. Amounts payable by landowner
154. Unpaid amounts are a charge on land

Part 7--Other provisions about stock route network management

Division 1--Mustering stock

155. Application of div 1
156. Mustering notice
157. Obligation to comply with notice
158. Noncompliance with mustering notice
159. Amounts payable by permit holder

Division 2--Pasture on the stock route network

160. Managing and conserving pasture
161. Overgrazing on stock route network

Division 3--Travelling stock facilities and water facility agreements

162. Travelling stock facilities
163. Water facility agreements
164. Register of agreements
165. Registration of particular agreements

Division 4--Stray stock

166. Offence to allow stock to stray
167. Stray stock may be seized
168. Notice of seizure
169. Releasing seized stock
170. Dealing with seized stock
171. Application of proceeds of sale
172. Destroying other stray stock

Part 8--Other offences about the stock route network

173. Offences about stock route agistment and travel permits
174. Grazing stock without permit
175. Damaging travelling stock facility
176. Wasting or polluting water
177. Taking water
178. Camping
179. Obstructing movement of stock
180. Burning or removing pasture
181. Placing things on the stock route network
182. Offences about using reserves for travelling stock

CHAPTER 4--MATTERS RELATING TO LOCAL GOVERNMENTS

183. Functions of local governments
184. Minister may direct local government to perform function or obligation
185. Chief executive may be directed to perform local government's functions
186. Local government to pay chief executive's costs
187. Minister may require local government to make annual payment
188. Minister may ask for particular information from local government

CHAPTER 5--LAND PROTECTION COUNCIL AND LAND PROTECTION FUND

Part 1--Land Protection (Pest and Stock Route Management) Council

Division 1--Establishment

189. Establishment

Division 2--Functions

190. Functions
191. Basis on which functions may be performed
192. Minister to consider recommendations

Division 3--Membership

193. Membership of land protection council
194. Failure of nominating entity to nominate person
195. Qualifications for appointment
195A. Investigations about eligibility for appointment
195B. Criminal history is confidential document
196. Appointment terms generally
197. Remuneration and allowances
198. Term of appointment
199. Vacation of office

Division 4--Proceedings

200. Conduct of business
201. Time and place of meetings
202. Quorum
203. Presiding at meetings
204. Conduct of meetings
205. Resolutions of council
206. Disclosure of interests by land protection council members
207. Minutes

Division 5--Annual report

208. Annual report

Part 2--Land Protection Fund

209. Establishment of fund
210. Purpose and administration of fund
211. Payments from fund
212. Local government's payment of amounts into fund

CHAPTER 6--PEST OPERATIONAL BOARDS

Part 1--General

213. Establishment of pest operational boards
214. Legal status
215. Pest operational boards represent State
216. Application of particular Acts to pest operational boards

Part 2--Function and powers

217. Function
218. General powers
219. Ministerial directions

Part 3--Board of directors

Division 1--Establishment and role

220. Board of directors
221. Role of board of directors

Division 2--Provisions about directors

222. Appointment
223. Chairperson
224. Qualifications for appointment
224A. Investigations about eligibility for appointment
224B. Criminal history is confidential document
225. Term of appointment
226. Termination of appointment
227. Vacation of office

Division 3--Directors' duties

228. Disclosure of interests
229. Director to act in pest operational board's interest

Division 4--Business and meetings

230. Conduct of business
231. Times and places of meetings
232. Quorum
233. Presiding at meetings
234. Conduct of meetings
235. Minutes

Division 5--Directors' fees and allowances

236. Fees and allowances

Part 4--Financial matters

237. Estimate of pest operational board's operational costs
238. Approval for carrying out pest operational board's operations

Part 5--Other provisions about pest operational boards

239. Delegation
240. Annual report

CHAPTER 7--INVESTIGATION AND ENFORCEMENT

Part 1--Pest survey programs

241. Approval of pest survey program
242. Notice of proposed pest survey program
243. Access to program

Part 2--Authorised persons

244. Appointment and qualifications
245. Appointment conditions and limit on powers
246. Issue of identity card
247. Production or display of identity card
248. When authorised person ceases to hold office
249. Resignation
250. Return of identity card

Part 3--Powers of authorised persons

Division 1--Entry to places other than vehicles

251. Power of entry
252. Entry with consent
253. Other entries without warrant
254. Application for warrant
255. Issue of warrant
256. Special warrants
257. Warrants—procedure before entry

Division 2--Entry to vehicles

258. Power of entry
259. Procedure for entry
260. Power to stop vehicles that may be entered
261. Failure to obey signal
262. Other powers relating to vehicles that may be entered

Division 3--Powers for entry to all places

263. General powers after entering places
264. Failure to help authorised person
265. Failure to give information

Division 4--Seizure

266. Power to seize evidence—entry without consent or warrant
267. Power to seize evidence—entry with consent or warrant
268. Securing seized things
269. Offence to tamper with seized things
270. Powers to support seizure
271. Receipts for seized things
272. Return of seized things
273. Access to seized things
274. Destruction or disposal of seized things

Division 5--Forfeiture

275. Forfeiture by authorised person
276. Forfeiture on conviction
277. Dealing with forfeited things

Division 6--Other powers

278. Power to require name and address
279. Failure to give name or address
280. Power to require information
281. Failure to give information
282. Power to require production of documents
283. Failure to produce document

Part 4--Notice of damage

284. Application of pt 4
285. Requirement to give notice of damage

Part 5--Other offences

286. False or misleading statements
287. False or misleading documents
288. Obstructing authorised person
289. Impersonation of authorised person

CHAPTER 8--EVIDENCE AND LEGAL PROCEEDINGS

Part 1--Evidence

290. Application of pt 1
291. Appointments
292. Signatures
293. Evidentiary aids

Part 2--Legal proceedings

294. Summary proceedings for offences
295. Recovering costs of taking action because of an offence

CHAPTER 9--APPEALS

296. Appeals against appealable decisions
297. Starting appeal
298. Stay of operation of decisions
299. Hearing procedures
300. Powers of court on appeal
301. Appeal to district court

CHAPTER 10--MISCELLANEOUS PROVISIONS

302. Compensation
303. Advisory committees
304. Delegation by Minister
305. Delegation by chief executive
306. Delegation by local government
307. Protection from liability
308. Approved forms
309. Regulation-making power

CHAPTER 11--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Part 1--Repeal

310. Act repealed

Part 2--Savings and transitional provisions

Division 1--Preliminary

311. Definitions for pt 2

Division 2--Savings and transitional provisions

312. Dissolution of former protection board
313. Continuing Darling Downs-Moreton Rabbit Board
314. Members of board of former authority
315. Employees of former authority
316. Vesting of former authority's assets, rights and liabilities
317. Vesting of former authority's pending legal proceedings
318. Existing permission about animals or plants
319. Existing permission about travelling or depasturing stock
320. Application for permission to travel or depasture stock
321. Application for permission about animals or plants
322. Barrier fences under former Act
323. Existing notice to control declared animals or plants
324. Existing endorsement on register kept under the Land Act or Land Title Act
325. Existing agreement about water facilities
326. References to former Act
327. References to former protection board and former authority
328. References to former fund
SCHEDULE 1 APPEALABLE DECISIONS AND AGGRIEVED PERSONS
SCHEDULE 3 DICTIONARY
Endnotes

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