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RURAL LANDS PROTECTION (MISCELLANEOUS
AMENDMENTS) BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
(a) to expand and clarify the functions of rural lands protection boards, including
functions relating to membership, rates, stock, noxious animals and noxious
insects; and
(b) to make further provision with respect to the rights and obligations of owners
and occupiers of land, and others, in relation to matters that are, or are related
to, functions of rural lands protection boards; and
(c) to increase the penalties for certain offences.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act (except Schedule 8 relating to savings and
transitional provisions) to commence on a day or days to be appointed by proclamation.
Schedule 8 would commence on the date of assent.
Clause 3 amends the Rural Lands Protection Act 1989 as set out in Schedules 1-8.
SCHEDULE 1--AMENDMENTS RELATING TO BOARDS
Schedule 1 (1) amends the provisions constituting a rural lands protection board (``a
board") to make it clear that a board is not prevented from functioning if there is a
casual vacancy in its membership.
Schedule 1 (2) clarifies the provision conferring functions on a board in relation to
the registration of stock brands and other means of identifying stock Instead of a board
being responsible for their registration, it is to provide facilities to enable the district
registrar to perform the functions.
Schedule 1 (3) expands the powers of a board to sell various devices and substances
to an occupier of land by removing the present limitation which authorises sales only to
occupiers within the board's district.
Schedule 1 (4) requires an election to fill a casual vacancy on a board that occurs
during July or August to be held not later than the next succeeding 30 November instead
of not later than 3 months after occurrence of the vacancy.
Schedule 1 (5) adds a debtor of a board to the persons disqualified from voting at an
election of members of the board.
Schedule 1 (6) clarifies the operation of a provision in order to ensure that, if the
district for a board is divided into districts, not more than 2 members of the board may
be elected for each of the divisions.
Schedule 1 (7) enables the Chief of the Division of Animal Industries, instead of the
Minister, to make a temporary appointment to the vacant office of a district veterinarian.
Schedule l (8) enables a board to engage casual employees, simplifies accounting
procedures in relation to the funds of a board, makes it clear that an employee of a
board is not subject to the control and direction of the board when the employee is
acting as district registrar, and makes an amendment consequential on an earlier
amendment. It also provides for consultation between a board and the Chief of the
Division of Animal Industries before the board makes a decision as to whether or not it
will suspend a ranger from duty.
Schedule 1 (9) provides for the Director-General of the Department of Agriculture,
instead of the Minister, to apportion payments for long service leave if the leave is the
result of service with 2 or more boards. The provision does not operate the extent that
the apportionment of the leave is provided for by an award or agreement in force under
a law of the State or the Commonwealth.
Schedule 1 (10) provides for the recording and disposal of a noxious insects levy.
Schedule 1 (11) fixes 30 days after the rendering of an account (other than an
account for rates) as the date after which a board may charge interest on any unpaid part
of the account.
SCHEDULE 2--AMENDMENTS RELATING TO RATES
Schedule 2 (l) inserts a definition of "stock unit" and makes a consequential
amendment. The expression is used in determining carrying capacity and an animal
health rate.
Schedule 2 (2) makes consequential amendments and requires a board to determine
liability of an occupier of land for the animal health rate on certain information provided
by the occupier in relation to stock cm the land.
Schedule 2 (3) corrects references to "stock unit equivalents" (which should be
references to "stock units").
Schedule 2 (4) sets out the method of assessing the carrying capacity of a holding by
reference to stock units.
Schedule 2 (5) amends section 57 (10) which at present treats a new occupier as
having failed to lodge any annual returns that were not lodged by the preceding
occupier. The proposed amendment would exclude the new occupier from liability to
prosecution for the failure by the preceding occupier.
Schedule 2 (6) enables a board to implement a system providing for the payment of
rates by 4 instalments or a system under which a board could accept a different proposal
by a ratepayer for the payment of the rates by instalments. In each case, approval of the
system by the Minister would be required.
Schedule 2 (7) penalises a failure to notify certain changes of address.
Schedule 2 (8) enables a board to write off an overdue amount owing to it if the
amount does not exceed $10.
SCHEDULE 3--AMENDMENTS RELATING TO STOCK
Schedule 3 (1) requires a board, in addition to other responsibilities in relation to a
travelling stock reserve, to take appropriate steps for land care and the preservation of
native plants, birds and animals.
Schedule 3 (2) requires a board to consult the Director of National Parks and
Wildlife before removing timber felled on a travelling stock reserve adjoining a national
park or a nature reserve.
Schedule 3 (3) adds to the actions on a travelling stock reserve liable to be penalised.
The addition comprises any activity that damages, or is likely to damage, the reserve.
Schedule 3 (4) makes it clear that an authorisation required for the transport of stock
may be issued by any board.
Schedule 3 (5) deals with the situation where authority has been given for the
walking or grazing of stock in a rural land protection district that is bounded by a road
or travelling stock reserve which is included in another such district. The effect of the
provision is to extend the operation of the authority to the road or reserve.
Schedule 3 (6) has the effect of extending the authority conferred by a walking stock
permit for a district to another district if the board for the other district agrees. Provision
is also made for the apportionment between the districts of the fee paid for the permit.
Schedule 3 (7) provides defences for a person in charge of unfenced stock that are
being walked, or are grazing, on or near a public road without the person displaying
signs warning road users of the presence of the stock.
Schedule 3 (8) excludes the occupier of land through which there passes an unfenced
road, or an unfenced travelling stock reserve, from the operation of a provision creating
an offence in relation to unattended stock on such a road or reserve.
Schedule 3 (9) provides that a stock licence authorises the movement of walking
stock over any distance between sunrise and sunset on a specified day instead of
imposing a maximum of 10 kilometres for small stock and 16 kilometres for large stock.
Schedule 3 (10) enables the caretaker of a stock watering place to move abandoned,
straying or trespassing stock to the nearest pound.
Schedule 3 (11) enables a board to charge, in addition to agistment fees, expenses
incurred by the board as a result of offences relating to abandoned stock and trespassing
stock.
Schedule 3 (12) enables a board to recover the costs of destroying abandoned or
trespassing stock.
Schedule 3 (13) adds to the powers of the controlling authority of a stock watering
place by enabling it to grant a transfer of a lease of the watering place.
Schedule 3 (14) removes the present limitation under which an application to a
district registrar for registration of a brand design for cattle or deer may be made only
for use in relation to cattle or deer kept within the district.
Schedule 3 (15) removes the present limitation under which an application to a
district registrar for registration of an earmark design for cattle or deer may be made
only for use in relation to cattle or deer kept within the district.
Schedule 3 (16) makes amendments consequential on those made by Schedule 3 (14)
and (15). It also enables an application for registration of a transfer of a brand design or
earmark design to be made without production of the original certificate of registration
of the design if it is unavailable.
Schedule 3 (17) and (18) make similar provisions in relation to a brand design or
earmark design for small stock as are made by Schedule 3 (14)-(16) in relation to large
stock.
Schedule 3 (19) extends from 6 months to 12 months the period during which a
brand design or earmark design may continue to be used by the executor of the will, or
the administrator of the estate, of the deceased proprietor of the design. It also extends
from 6 months to 12 months the period after which a brand design or earmark design of
a deceased proprietor of the design may be cancelled if no application for transfer of the
design is made.
Schedule 3 (20) makes consequential amendments.
SCHEDULE 4--AMENDMENTS RELATING TO NOXIOUS ANIMALS AND
NOXIOUS INSECTS
Schedule 4 (1) removes the present restriction under which employees of a board are
the only persons, other than noxious animal inspectors and rangers, who may be
authorised to exercise functions in relation to the suppression and destruction of noxious
animals.
Schedule 4 (2) removes a limitation under which an officer of a board may destroy
feral pigs on a vehicle only if the vehicle is within the board's district.
Schedule 4 (3) enables an authorised officer to require a person in possession of a
noxious animal to destroy the animal or remove the animal to another place and there
destroy it. Failure to comply would be an offence and the officer would be able to
destroy the animal.
Schedule 4 (4) provides an alternative procedure for authorising the keeping of 2 or
more noxious animals. At present, a written application and payment of a fee is
required. It is proposed to enable the Minister to give the necessary authority to the
proprietor of a business without requiring a written application or payment of a fee. The
Minister would be able to impose conditions.
Schedule 4 (5) makes a consequential amendment.
Schedule 4 (6) provides for no charge to be made for materials supplied by a board
for the suppression of noxious insect nymphs.
SCHEDULE 5--AMENDMENTS RELATING TO PENALTIES
This Schedule effects the increases to penalties indicated.
Item (9) of the Schedule provides that proceedings in which a penalty exceeding 100
penalty units is sought are be taken before the Supreme Court in its summary
jurisdiction. Proceedings for a lesser penalty are to be taken before a Local Court.
Item (10) excludes from the penalties at present payable to a board the penalty for an
offence by a board in relation to the keeping of its accounts.
[The expression "penalty unit" has its basis in section 56 of the Interpretation Act
1987. At present, 1 penalty unit is equivalent to $100.]
SCHEDULE6-- MISCELLANEOUS AMENDMENTS
Schedule 6 (1) replaces a reference to a repealed Act.
Schedule 6 (2) exculpates the Council of Advice and its members, and persons
acting with the authority of the Council of Advice, from any liability for anything done
in good faith for the purposes of the Act. The Council of Advice is elected by the
conference of the Rural Land Protection Boards' Association of New South Wales.
Schedule 6 (3) enables a cash payment to be made by disregarding an amount that is
not a multiple of 5 cents. This is a consequence of the withdrawal from circulation of 1
cent and 2 cent coins.
Schedule 6 (4) clarifies an existing power to make regulations and enables the
regulations to provide for the manner and form of making applications.
Schedule 6 (5) enables a letter of resignation from membership of a board to be
addressed to the secretary of the board instead of to the Minister but requires the
secretary to notify the Minister of the resignation as soon as possible. It also adds to the
circumstances in which a member of a board vacates the office.
SCHEDULE 7--AMENDMENTS BY WAY OF STATUTE LAW REVISION
Schedule 7 (1) makes amendments consequential on a change to the titles of a
Department and some office-holders.
Schedule 7 (2) clarifies a provision relating to the remuneration of the caretaker of a
stock watering place.
Schedule 7 (3) rectifies an inconsistency of expression.
Schedule 7 (4) provides for increases in unpaid rates to be made for each period of
30 days (instead of each month) between the date on which the rates became due and
the date on which they are paid.
Schedule 7 (5) corrects a cross-reference.
Schedule 7 (6) limits to travelling stock, instead of involving all stock, the
requirement to keep stock off the bitumen or other made up surface of a road.
SCHEDULE 8--AMENDMENTS RELATING TO SAVINGS AND
TRANSITIONAL
PROVISIONS
Schedule 8 rearranges and adds to the present Schedule 5 comprising savings and
transitional provisions. The present clause 40 of Schedule 5 is transferred to the
beginning of the Schedule as "Part 1--Preliminary". The present clauses 1-39 of
Schedule 5 become "Part 2--Provisions consequential on enactment of this Act". It is
proposed to substitute clause 40, and add clauses 41-46, as "Part 3--Provisions
consequential on the enactment of the Rural Lands Protection (Miscellaneous
Amendments) Act 1993".