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STOCK ROUTE MANAGEMENT ACT 2002 - As at 1 July 2023 - Act 12 of 2002

- As at 1 July 2023 - Act 12 of 2002

Table of Provisions

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. (Repealed)

PART 3 - INTERPRETATION

CHAPTER 2 - (Repealed)

CHAPTER 3 - STOCK ROUTE NETWORK MANAGEMENT

PART 1 - PRELIMINARY

  • 97 Principles of stock route network management
  • 97A Stock route map

PART 2 - STATE STOCK ROUTE NETWORK MANAGEMENT STRATEGY

  • 97B Definition for part
  • 98 State stock route network management strategy
  • 99 Preparing strategy
  • 100 Duration of strategy
  • 100A Notice of strategy taking effect
  • 101 Implementing strategy
  • 102 Reviewing, amending and renewing strategy
  • 103 Chief executive must publish copy of strategy

PART 3 - STOCK ROUTE NETWORK MANAGEMENT PLANS

  • 104 Application of pt 3
  • 105 Local governments to adopt stock route network management plan
  • 106 Preparing draft plan—matters local government must have regard to
  • 107 Preparing draft plan—consultation requirements for particular stock routes
  • 108 Preparing draft plan—other consultation requirement
  • 109 Notice of draft plan and consideration of public submissions
  • 110 Adopting plan
  • 111 Duration of plan
  • 112 Implementing plan
  • 113 Reviewing, amending and renewing plan
  • 114 Requirements for review, amendment or renewal of plan
  • 115 Local government must publish, and make available for inspection, copy of plan

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
  • 187A Fines payable to local government
  • 187B Local government must use amounts received for particular purposes
  • 188 Minister may ask for particular information from local government

CHAPTER 5 - (Repealed)

CHAPTER 6 - (Repealed)

CHAPTER 7 - INVESTIGATION AND ENFORCEMENT

PART 1 - AUTHORISED PERSONS

241. (Repealed) 242. (Repealed) 243. (Repealed)
  • 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 2 - 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. (Repealed)
  • 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. (Repealed)

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 3 - NOTICE OF DAMAGE

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

PART 4 - 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. (Repealed)

CHAPTER 9 - REVIEW OF DECISIONS BY QCAT

  • 296 Who may apply for review by QCAT
  • 297. (Repealed) 298. (Repealed) 299. (Repealed) 300. (Repealed) 301. (Repealed)

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 FOR ACT NO. 12 OF 2002

Division 1 - Preliminary

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

PART 3 - SAVINGS AND TRANSITIONAL PROVISIONS FOR REPEAL OF ACT NO. 30 OF 1987

Division 1 - Saving provision

  • 329 Saving of operation of particular provisions

Division 2 - Transitional provisions

  • 330 Definitions for div 2
  • 331 Application of div 2
  • 332 Existing approval continues
  • 333 Existing authorisation and registration continue

PART 4 - TRANSITIONAL PROVISIONS FOR LAND AND OTHER LEGISLATION AMENDMENT ACT 2023

  • 334 Definitions for part
  • 335 Existing stock routes declared under regulation
  • 336 Existing permits and applications for permits
  • 337 Continuation of State stock route network management strategy
  • 338 Continuation of adopted stock route network management plans
  • 339 Prescribed local governments without continued stock route network management plans
  • 340 Application fees
  • 341 Fines imposed by court after commencement

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