New South Wales Consolidated Acts

LOCAL LAND SERVICES ACT 2013

- As at 21 November 2024
- Act 51 of 2013

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Meaning of "local land services" and "State priorities for local land services"
   5.      Interpretation
   6.      Regions
   7.      Abolition, establishment, amalgamation or change of name or boundaries of regions

   PART 2 - LOCAL LAND SERVICES

           Division 1 - Constitution and management of Local Land Services

   8.      Constitution of Local Land Services
   9.      Status of Local Land Services
   10.     Control and management of Local Land Services
   11.     Ministerial control
   12.     Control and direction in emergency responses
   13.     Staff of Local Land Services

           Division 2 - Functions of Local Land Services

   14.     Functions generally
   15.     Memorandum of understanding
   16.     Delegation of Local Land Services functions
   17.     Delegation of Ministerial functions
   18.     Delegation of Secretary's functions

           Division 3 - Finance and audit

   19.     Local Land Services Fund
   20.     Payments into and from Fund
   21.     Investment powers in relation to Fund
   22.     Fees for services
   23.     Annual reporting information to include certain matters
   24.     Audit of Local Land Services

   PART 3 - THE LOCAL LAND SERVICES BOARD AND LOCAL BOARDS

           Division 1 - The Local Land Services Board

   25.     Establishment of Local Land Services Board
   26.     Functions of the Board
   26A.    Chair of Local Land Services Board

           Division 2 - Local boards

   27.     Local boards
   28.     Status of local boards
   29.     Functions of local boards
   30.     Local annual reports
   31.     Delegation of local board's functions
   32.     Keeping Board informed
   33.     Local community advisory groups

           Division 3 - Honesty and conduct

   34.     Conduct of Board and local board members
   35.     Codes of conduct

   PART 4 - PLANNING THE DELIVERY OF LOCAL LAND SERVICES

           Division 1 - State strategic plan

   36.     Purpose and term of State strategic plan
   37.     Preparation of draft State strategic plan
   38.     Contents of draft State strategic plan
   39.     Consultation on draft State strategic plan
   40.     Submission of draft State strategic plan for approval
   41.     Approval of draft State strategic plan
   42.     Publication of State strategic plan
   43.     Amendment, replacement or revocation of plans
   44.     Periodic review and auditing of plans

           Division 2 - Local strategic plans

   45.     Purpose and term of local strategic plans
   46.     Preparation of draft local strategic plans
   47.     Contents of draft local strategic plans
   48.     Consultation on draft local strategic plan
   49.     Review of draft local strategic plan by Local Land Services
   50.     Submission of draft local strategic plans for approval
   51.     Approval of draft local strategic plans
   52.     Publication of local strategic plans
   53.     Amendment, replacement or revocation of plans
   54.     Periodic review and auditing of local strategic plans

   PART 5 - RATES, LEVIES AND CONTRIBUTIONS

           Division 1 - Preliminary

   55.     When is a holding within a region?

           Division 2 - Rates, levies and contributions

   56.     What is rateable land?
   57.     Imposition of rates, levies and contributions

           Division 3 - Annual returns

   58.     Annual returns of land and stock
   59.     Change of occupier after lodgment of return
   60.     Duty to supply information in respect of land or stock

   PART 5A - LAND MANAGEMENT (NATIVE VEGETATION)

           Division 1 - Preliminary

   60A.    Rural areas of State to which Part applies
   60B.    Meaning of "native vegetation"
   60C.    Meaning of "clearing" native vegetation
   60D.    Other definitions

           Division 2 - Native vegetation regulatory map

   60E.    Purpose of native vegetation regulatory map
   60F.    Transitional arrangement until preparation of maps
   60G.    Responsibility for preparation and publication of maps
   60H.    Category 1-exempt land mapping
   60I.    Category 2-regulated land mapping
   60J.    Matters relating to determination of mapped category of land
   60K.    Re-categorisation of mapped land
   60L.    Review of categorisation decisions
   60M.    Appeal against categorisation or re-categorisation decisions

           Division 3 - Regulation of clearing of native vegetation in regulated rural areas

   60N.    Unauthorised clearing of native vegetation in regulated rural areas--offence
   60O.    Clearing authorised under other legislation
   60P.    Limitation on planning instruments requiring consent for clearing only

           Division 4 - Allowable activities clearing of native vegetation

   60Q.    Allowable activities clearing--Schedule 5A
   60R.    Amendment of Schedule 5A

           Division 5 - Clearing native vegetation under land management (native vegetation) code

   60S.    Authorised clearing by landholders under codes
   60T.    Responsibility for preparation and making of codes
   60U.    Public consultation on proposed codes
   60V.    Amendment or repeal of codes
   60W.    Content of codes
   60X.    Notice to Local Land Services of clearing
   60Y.    Certification by Local Land Services prior to clearing--general
   60Z.    Voluntary and mandatory code compliant certificates
   60ZA.   Limitation on issue of mandatory code compliant certificates
   60ZB.   Authorised code variation certificates
   60ZC.   Provisions relating to set aside areas

           Division 6 - Approval for clearing native vegetation not otherwise authorised

   60ZD.   Definitions: Division 6
   60ZE.   The Panel
   60ZF.   Obtaining approval for clearing of native vegetation
   60ZG.   Biodiversity development assessment report and retirement of biodiversity credits
   60ZH.   Regulations and application of planning approval provisions to approvals under this Division
   60ZI.   Modification of approvals under this Division
   60ZJ.   Appeal against approval decisions
   60ZK.   Miscellaneous provisions relating to approvals
   60ZL.   SEPP may apply approvals under this Division to the clearing of native vegetation on urban land

           Division 7 - Miscellaneous

   60ZM.   Enforcement under Biodiversity Conservation Act 2016
   60ZN.   Local Land Services to report on rates of allowable clearing
   60ZO.   Local Land Services to maintain public information registers in relation to native vegetation management
   60ZP.   Regulations: Part 5A

   PART 5B - PRIVATE NATIVE FORESTRY

           Division 1 - Preliminary

   60ZQ.   Definitions: Part 5B
   60ZR.   Objects of Part
   60ZS.   Area of State to which this Part applies

           Division 2 - Private native forestry codes of practice

   60ZT.   Responsibility for preparation and making of codes
   60ZU.   Public consultation on proposed codes
   60ZV.   Amendment or repeal of codes

           Division 3 - Private native forestry plans

   60ZW.   Authorised private native forestry operations
   60ZX.   Landholders may submit draft private native forestry plans
   60ZY.   Approval of private native forestry plans by Local Land Services
   60ZZ.   Duration, variation and termination of private native forestry plans

           Division 4 - Enforcement and other provisions

   60ZZA.  Offence of contravening requirements of plan or code of practice
   60ZZB.  Enforcement functions of EPA
   60ZZC.  Regulations: Part 5B

   PART 6 - TRAVELLING STOCK RESERVES AND PUBLIC ROADS
   Note

           Division 1 - Preliminary

   61.     Definitions

           Division 2 - Controlled travelling stock reserves

   62.     Vesting care, control and management of certain travelling stock reserves in Local Land Services
   63.     Withdrawal of care, control and management from authority
   64.     Withdrawal of land required for public purpose from travelling stock reserve
   65.     Compensation for improvements made before withdrawal

           Division 3 - Timber on controlled travelling stock reserves

   66.     Removal or destruction of timber
   67.     Use of felled timber
   68.     Licences to remove timber
   69.     Relationship to other Acts

           Division 4 - Closure of controlled travelling stock reserves

   70.     Closure orders
   71.     Notice of closure

           Division 5 - Use of travelling stock reserves and public roads

   72.     Unauthorised uses of travelling stock reserves
   73.     Unauthorised use of public roads
   74.     Authorised use of travelling stock reserves for recreational activities
   75.     Certain occupiers of land to have a right of access over travelling stock reserves
   76.     Appeal about right of way conditions
   77.     Reserve use permit
   78.     Stock permits authorising certain uses of travelling stock reserves and public roads
   79.     Applications for stock permits and reserve use permits
   80.     Duration of stock permits and reserve use permits
   81.     Cancellation or suspension of stock permits and reserve use permits
   82.     Classes of stock permits and reserve use permits
   83.     Conditions of stock permits and reserve use permits
   84.     Movement and grazing of stock authorised by stock permits must comply with Act and regulations
   85.     Stock permits controlled for adjoining regions
   86.     Appeals concerning the issue, cancellation or suspension of permits
   87.     Compensation

           Division 6 - Fencing of boundaries of controlled travelling stock reserves

   88.     Definitions
   89.     Application of Division
   90.     Exclusion of Dividing Fences Act 1991
   91.     Owner of land adjoining travelling stock reserve may be required to carry out fencing work
   92.     Fencing notice to specify contributions payable
   93.     Costs of fencing work
   94.     Compliance notice--fencing
   95.     Application to Civil and Administrative Tribunal
   96.     (Repealed)
   97.     Civil and Administrative Tribunal may allow time for payment
   98.     (Repealed)
   99.     Powers of Local Land Services with respect to fences

           Division 7 - Miscellaneous

   100.    Local Land Services not liable for use of pesticides or chemicals on reserves
   101.    Local Land Services not liable for injury attributable to diseased travelling stock
   102.    When may Local Land Services impound bees or beehives placed or kept on a controlled travelling stock reserve?
   103.    Orders for mustering of stock
   104.    Power of Local Land Services to recover compensation in respect of damage caused to or on controlled travelling stock reserve
   105.    Exemption power--Local Land Services

   PART 7 - STOCK WATERING PLACES

   106.    Declaration of stock watering places
   107.    Declaration of stock watering place as town water supply
   108.    Which bodies are to be controlling authorities of stock watering places?
   109.    Controlling authority may construct water storage works
   110.    Compensation for improvements on former stock watering place
   111.    Leases of stock watering places
   112.    Controlling authority and lessee to supply water to certain persons and stock
   113.    Offence to damage stock watering place

   PART 8 - IMPOUNDING OF UNATTENDED AND TRESPASSING STOCK AND ABANDONED ITEMS
   Note

   114.    Definitions
   115.    Unattended stock
   116.    Offence of causing or permitting stock to be on a public road, travelling stock reserve or public land without authority
   117.    Release of impounded stock

   PART 9 - TRANSPORTATION OF STOCK BY VEHICLE

   118.    Definitions
   119.    Stock transportation particulars
   120.    Restrictions on the transport of stock by vehicle on road
   121.    Restriction on the consignment of stock by rail, water or air transport
   122.    Records of transported stock statements to be retained
   123.    Powers to stop and search vehicles transporting stock
   124.    Person in charge of vehicle transporting stock to give name and other particulars
   125.    Stock Transportation Accreditation Committee
   126.    Application for accreditation
   127.    Approval of form of transported stock statement

   PART 10 - (Repealed)
   None

   PART 11 - POWERS OF AUTHORISED OFFICERS

           Division 1 - Preliminary

   164.    Power of entry
   165.    Purposes for which powers under Part may be exercised
   166.    Effect on other functions

           Division 2 - Authorised officers

   167.    Authorised officers
   168.    Scope of authority
   169.    Identification
   170.    Time of entry
   171.    Entry into residential premises only with permission or warrant
   172.    Powers of authorised officers to do things on premises
   173.    Notice of entry
   174.    Use of force
   175.    Notification of use of force or urgent entry
   176.    Care to be taken
   177.    Compensation
   178.    Search warrant
   179.    Authorised officer may request assistance

           Division 3 - Offences in relation to authorised officers

   180.    Offence: obstructing authorised officer
   181.    Offence: impersonating authorised officer or other authorised person

   PART 12 - ENFORCEMENT PROVISIONS

           Division 1 - Recovery of outstanding rates, charges and other amounts

   182.    Sale of land for unpaid amounts owing to Local Land Services
   183.    Recovery of rates, charges, fees and other unpaid amounts
   184.    Accrual of interest on overdue rates, charges and other amounts
   185.    Special provision with respect to recovery of unpaid rates and charges
   186.    Rebates, waiver, refund or writing off of rates, charges and other amounts

           Division 2 - Proceedings for offences

   187.    Proceedings for offences
   188.    Time within which summary proceedings may be commenced
   189.    Penalty notices
   190.    Penalties belong to Local Land Services
   191.    Court may order payment of additional penalty in certain cases
   192.    Offences relating to provision of information in relation to certain matters
   193.    Onus of proof concerning reasonable or lawful excuse

           Division 3 - Miscellaneous

   194.    General description of land sufficient for purposes of legal proceedings
   195.    Legal proceedings against an occupier or owner whose name is unknown
   196.    Jurisdiction of court or NCAT not to be ousted in certain proceedings
   197.    Proof of certain matters not required

   PART 13 - ADMINISTRATION OF FUNCTIONS OF LOCAL LAND SERVICES OR LOCAL BOARD

   198.    Appointment of administrator of all or some functions of Local Land Services
   199.    Appointment of administrator of all or some functions of local boards
   200.    Provisions applicable to administrators

   PART 14 - MISCELLANEOUS

   200A.   Contributions towards management of pests under Biosecurity Act 2015
   201.    Acquisition of land
   202.    Entry on land for construction of works and other purposes
   203.    Certificate as to rates, charges and other matters
   204.    Owner of stock may be ordered to muster stock
   205.    Personal liability
   206.    Regulations
   207.    (Repealed)
   208.    Exemptions
   209.    Service of documents
   210.    (Repealed)
   211.    Review of Act (other than native vegetation provisions)
   212.    Review of native vegetation provisions of this Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 5A
           SCHEDULE 5B
           SCHEDULE 6
           Schedule 9 (Repealed)
           Dictionary