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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Stock Route Network
Management Bill 2011
Queensland
Stock Route Network Management
Bill 2011
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 2 Purpose and application of Act
3 Purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . 26
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5 Relationship with particular Acts . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 3 Interpretation
Division 1 Dictionary
6 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2 Key definitions and concepts
7 What is a stock route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
8 What is the stock route network . . . . . . . . . . . . . . . . . . . . . . . . . . 28
9 What is the stock route network map . . . . . . . . . . . . . . . . . . . . . . 28
10 What is a reserve for travelling stock . . . . . . . . . . . . . . . . . . . . . . 28
11 What is public (stock access) land . . . . . . . . . . . . . . . . . . . . . . . . 29
12 What is a local government's management area . . . . . . . . . . . . . 29
13 References to local government. . . . . . . . . . . . . . . . . . . . . . . . . . 29
14 What are the principles of stock route network management . . . 29
Chapter 2 State management functions
Part 1 State management plan
15 Chief executive to prepare management plan . . . . . . . . . . . . . . . 31
16 Content of management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Stock Route Network Management Bill 2011
Contents
17 Preparing management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
18 Duration of management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
19 Implementing management plan . . . . . . . . . . . . . . . . . . . . . . . . . 33
20 Management plan to be available for inspection . . . . . . . . . . . . . 33
21 Reviewing management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
22 Renewing management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 2 Classification of stock routes
Division 1 Preliminary
23 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
24 Meaning of qualifying period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
25 Reference to a stock route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2 Initial classification
26 Chief executive to classify mapped stock routes . . . . . . . . . . . . . 35
27 How to classify stock routes shown on stock route network map. 35
28 Initial default classification of unmapped stock route . . . . . . . . . . 36
Division 3 Matters relevant to classification
Subdivision 1 Usage factors
29 Usage factors for classification. . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 2 Threshold usage numbers of stock
30 Meaning of cattle unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
31 Working out the upper threshold usage number of stock . . . . . . 38
32 Working out the lower threshold usage number of stock . . . . . . . 38
Division 4 Reviewing classification
33 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
34 Significant change review ground. . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Review of mapped stock routes by local government . . . . . . . . . 40
36 Proposal by local government to change classification after
review ........................................ 40
37 Review by chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 5 Reviewing threshold usage numbers
38 Review by local government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
39 Review by chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 6 Changing classification and threshold usage numbers
40 Local government submission proposing classification change . . 43
41 Local government submission proposing change of threshold
usage number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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42 Public notice inviting submissions . . . . . . . . . . . . . . . . . . . . . . . . 43
43 Deciding proposed change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
44 Changing classification if primary stock route is no longer
suitable ..................................... 46
45 Notifying classification change . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Closed and conditional use area declarations
Division 1 Preliminary
46 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2 Making closed area declarations
47 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
48 Chief executive may declare relevant area closed . . . . . . . . . . . . 49
Division 3 Making conditional use area declarations
49 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
50 Chief executive may declare relevant area subject to conditional
use ......................................... 51
Division 4 Publication and effect of declarations
51 Register of closed areas and conditional use areas . . . . . . . . . . 52
52 Required matter for register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
53 Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
54 When closed and conditional use area declarations take effect. . 53
55 Effect of closed area declaration . . . . . . . . . . . . . . . . . . . . . . . . . 53
56 Effect of conditional use area declaration. . . . . . . . . . . . . . . . . . . 54
57 Existing permits and authorities not affected by declarations. . . . 54
Division 5 Reviewing and ending declarations
58 Requirement to review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
59 Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
60 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
61 End of declarations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Chapter 3 Local government management functions
Part 1 General provision about local government functions
62 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 2 Local management plans
Division 1 General provisions
63 When local government must or may have plan. . . . . . . . . . . . . . 57
64 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
65 Required content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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66 Duration of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
67 Implementing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
68 Access to plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2 Making of plans
69 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
70 Working group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
71 Draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
72 Notice of draft and consideration of public submissions. . . . . . . . 61
73 Minister to consider draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
74 Making plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3 Amending and reviewing plan
75 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
76 Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 3 Special management areas and conditions
Division 1 Preliminary
77 Relationship with particular Acts . . . . . . . . . . . . . . . . . . . . . . . . . 64
78 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
79 What is a special management area . . . . . . . . . . . . . . . . . . . . . . 65
Division 2 Declaring the areas and deciding the conditions
80 Local government may declare areas and decide conditions. . . . 65
81 Minister may direct declaration and decide conditions . . . . . . . . . 66
82 Deciding conditions for nature refuges and Queensland
heritage-registered areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 3 The register of special management areas
83 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
84 Duty to keep register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
85 Access to the register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
86 Registration and related obligations for declared areas . . . . . . . 69
87 Registration of nature refuges and Queensland heritage
registered areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 4 Other provisions for special management conditions
88 When condition takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
89 Effect of condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 4 Fencing
Division 1 Preliminary
90 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
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Division 2 Erecting stock-proof fences
91 Fencing notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
92 Offence to contravene fencing notice . . . . . . . . . . . . . . . . . . . . . . 73
Division 3 Maintaining stock-proof fences
93 Obligation of owner of adjoining land to maintain boundary fence 74
Part 5 Mustering stock
94 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
95 Mustering notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
96 Offence to contravene mustering notice . . . . . . . . . . . . . . . . . . . . 75
Part 6 Pasture management
Division 1 Local government's role
97 Obligation to manage and conserve pasture . . . . . . . . . . . . . . . . 76
Division 2 Reducing stock numbers
98 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
99 Power to give notice to reduce stock numbers . . . . . . . . . . . . . . . 77
100 Offence to contravene stock reduction notice. . . . . . . . . . . . . . . . 77
Division 3 Pasture burning and harvesting restrictions
101 Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Part 7 Stock facilities and water facility agreements
Division 1 Supplying and maintaining stock facilities
102 Supply of particular stock facilities on primary stock routes . . . . . 79
103 Maintenance of stock facilities on or for stock route network . . . . 79
Division 2 Water facility agreements
104 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
105 Entering water facility agreement . . . . . . . . . . . . . . . . . . . . . . . . . 81
106 Contents of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
107 End of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
108 Register of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
109 Registration of particular agreements . . . . . . . . . . . . . . . . . . . . . 84
Division 3 Removal of particular stock facilities
110 Removal of stock facilities from secondary stock routes . . . . . . . 85
Part 8 Removing stock from management areas
Division 1 Identifying owner of stray or abandoned stock
111 Enquiries to identify stock owner . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2 Removal of stock not authorised to be in management area
112 Notice to owner to remove stock . . . . . . . . . . . . . . . . . . . . . . . . . 87
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Division 3 Seizure of stock not authorised to be in management area
113 Authorised person may seize stock . . . . . . . . . . . . . . . . . . . . . . . 88
114 Seizure notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
115 Releasing seized stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
116 Dealing with seized stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
117 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 4 Destruction of stock
118 Destroying strayed or abandoned stock . . . . . . . . . . . . . . . . . . . . 91
Chapter 4 Driving stock
Part 1 Stock movements not requiring permit
119 Stock movements not requiring a travel permit . . . . . . . . . . . . . . 92
Part 2 Permits for driving stock
120 Types of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
121 What does a permit authorise . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 3 Travel permits
Division 1 Preliminary
122 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 2 Application for standard travel permit
123 Who may apply and permit types . . . . . . . . . . . . . . . . . . . . . . . . . 94
124 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
125 Responding local government's obligation . . . . . . . . . . . . . . . . . . 96
Division 3 Application for slow travel permit
126 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
127 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 4 Amending applications
128 Applicant may amend application. . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 5 Dealing with applications
Subdivision 1 Preliminary
129 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Subdivision 2 Additional information
130 Additional information for application . . . . . . . . . . . . . . . . . . . . . . 98
Subdivision 3 Deciding applications
131 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
132 Criteria for deciding all applications . . . . . . . . . . . . . . . . . . . . . . . 100
133 Restriction on granting application for standard travel permit . . . 101
134 Restrictions on granting application for slow travel permit . . . . . . 101
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Subdivision 4 Granting applications
135 Issuing standard travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
136 Issuing slow travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Subdivision 5 Refusing or failing to decide applications
137 Refusal of responding local government to grant application. . . . 103
138 Refusal of participating local government to grant consecutive
permit application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
139 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Subdivision 6 Special provisions for consecutive permit applications
140 Effect of refusal of consecutive permit application . . . . . . . . . . . . 105
Division 6 Permit contents
141 Contents of travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
142 Special provisions for content of consecutive travel permit . . . . . 107
143 Mandatory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 7 Permit period
144 Effect of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 8 Permit and overdue fees
145 Permit fee for travel in permit period. . . . . . . . . . . . . . . . . . . . . . . 109
146 Overdue travel fee for travel after permit period . . . . . . . . . . . . . 110
147 Application to waive all or part of overdue travel fee . . . . . . . . . . 110
148 Payment of permit and overdue travel fees . . . . . . . . . . . . . . . . . 111
Part 4 Unfit stock
Division 1 Preliminary
149 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
150 What are unfit stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 2 Notice of unfit stock
151 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
152 Permit holder must give unfit stock notice . . . . . . . . . . . . . . . . . . 112
153 Cancellation of original travel permit if no unfit stock notice given 113
Division 3 Unfit stock permit applications
154 Application for unfit stock (travel) permit for affected stock . . . . . 114
155 Application for unfit stock (grazing) permit for affected stock . . . . 114
156 Special provisions for applications for unfit stock permits . . . . . . 115
157 Cancellation of original travel permit if no unfit stock permit
application made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
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Division 4 Unfit stock permits
158 Special provisions for unfit stock (travel) permit . . . . . . . . . . . . . . 116
159 Special provisions for unfit stock (grazing) permit . . . . . . . . . . . . 117
Division 5 Effect on original travel permit
160 Suspension of operation of original travel permit . . . . . . . . . . . . . 118
161 Complementary changes to original travel permit . . . . . . . . . . . . 119
Division 6 Subsequent applications for unfit stock permits
162 Application for unfit stock (grazing) permit after unfit stock
(travel) permit ..................................... 120
163 Application for unfit stock (travel) permit after unfit stock
(grazing) permit ................................ 121
Division 7 End of unfit stock permits
164 Reinstatement of original travel permit . . . . . . . . . . . . . . . . . . . . . 121
165 Cancellation of original travel permit if stock not fit to resume
travel ....................................... 122
Part 5 Amending permits
Division 1 Required amendments
166 Permit holder to give notice of correct particulars . . . . . . . . . . . . 123
Division 2 Amendment by application
167 Application to amend travel permit . . . . . . . . . . . . . . . . . . . . . . . . 123
168 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
169 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 3 Amendment by local government
170 Local government may amend travel or unfit stock permit . . . . . . 125
Division 4 Replacement of travel permit
171 Issuing replacement permit if permit amended . . . . . . . . . . . . . . 126
Part 6 Cancellation of permits
172 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
173 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
174 Refund of permit fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
175 Holder of cancelled permit required to remove stock . . . . . . . . . . 129
176 Cancellation of later consecutive travel permits . . . . . . . . . . . . . . 129
Chapter 5 Grazing stock
Part 1 Permits and authorities for grazing stock
177 Types of permits and authorities. . . . . . . . . . . . . . . . . . . . . . . . . . 130
178 What does a permit or authority authorise . . . . . . . . . . . . . . . . . . 130
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Part 2 Grazing permits
Division 1 Application for emergency grazing permit
179 Who may apply for permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
180 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2 Application for short-term grazing permit
Subdivision 1 Making land available for short-term grazing
181 Local government may make land available. . . . . . . . . . . . . . . . . 132
182 Public notice of availability of land . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 2 Applying for permit
183 Application in response to public notice . . . . . . . . . . . . . . . . . . . . 134
184 Application on basis of drought-affected land. . . . . . . . . . . . . . . . 134
185 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 3 Dealing with applications for emergency or short-term
grazing permits
Subdivision 1 Additional information
186 Additional information for application . . . . . . . . . . . . . . . . . . . . . . 135
Subdivision 2 Deciding applications
187 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
188 Criteria for deciding all applications . . . . . . . . . . . . . . . . . . . . . . . 137
189 Restriction on granting emergency grazing permit . . . . . . . . . . . . 138
190 Restriction on granting application for short-term grazing permit
on basis of drought-affected land . . . . . . . . . . . . . . . . . . . . . . . . . 139
Subdivision 3 Granting applications
191 Issuing emergency grazing or short-term grazing permit . . . . . . . 139
Subdivision 4 Refusing or failing to decide applications
192 Decision to refuse application . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
193 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
194 Refund of application fee for short-term grazing permit . . . . . . . . 141
Division 4 Permit contents
195 Contents of grazing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
196 Mandatory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
197 Local government to give notice of use of grazing permit area
under travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Division 5 Permit period
198 Permit periods for grazing permits . . . . . . . . . . . . . . . . . . . . . . . . 144
199 Effect of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
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Division 6 Extending permits
200 Application for extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
201 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
202 Extending permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
203 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Division 7 Permit fees
204 Permit fee for grazing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 3 Grazing authorities
Division 1 Applying for a grazing authority
Subdivision 1 Applications generally
205 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
206 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Subdivision 2 Invitations for applications for accessible grazing areas
207 What is an accessible grazing area . . . . . . . . . . . . . . . . . . . . . . . 149
208 Invitation to apply for grazing authority for accessible grazing
area ....................................... 149
Division 2 Dealing with application
Subdivision 1 Additional information
209 Additional information for application . . . . . . . . . . . . . . . . . . . . . . 150
Subdivision 2 Deciding application
210 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
211 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 151
212 Priority for deciding application for accessible grazing area. . . . . 153
Subdivision 3 Granting application
213 Issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Subdivision 4 Refusing or failing to decide application
214 Decision to refuse to grant application . . . . . . . . . . . . . . . . . . . . . 155
215 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
216 Refund of application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Division 3 Authority contents
217 Contents of grazing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
218 Mandatory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
219 Local government to give notice of use of an authority area
under travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Division 4 Authority period
220 Authority period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
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Division 5 Authority fee
221 Authority fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 6 Renewal of authority
Subdivision 1 Renewal without application
222 Local government may renew grazing authority . . . . . . . . . . . . . . 161
Subdivision 2 Renewal on application
223 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
224 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
225 Criteria for deciding all applications . . . . . . . . . . . . . . . . . . . . . . . 163
226 Issuing renewed authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
227 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Part 4 Amending permits and authorities
Division 1 Required amendments
228 Permit or authority holder to give notice of correct particulars . . . 164
Division 2 Amendment by application
229 Application to amend grazing permit or authority . . . . . . . . . . . . . 164
230 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Division 3 Amendment by local government
231 Local government may amend grazing permit or authority . . . . . 166
232 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 167
Division 4 Replacement of grazing permits or authorities
233 Issuing replacement permit or authority . . . . . . . . . . . . . . . . . . . . 167
Part 5 Cancelling grazing permits and authorities
Division 1 Surrender of grazing authority
234 Authority holder may apply to surrender authority . . . . . . . . . . . . 168
235 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
236 Cancelling surrendered grazing authority . . . . . . . . . . . . . . . . . . 169
Division 2 Mandatory cancellation of grazing authority
237 Cancellation if road closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
238 Cancellation if reserve revoked . . . . . . . . . . . . . . . . . . . . . . . . . . 170
239 Cancellation if unallocated State land allocated. . . . . . . . . . . . . . 170
240 Cancellation if authority holder no longer owns or occupies
adjoining land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
241 No compensation payable for cancellation . . . . . . . . . . . . . . . . . . 170
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Division 3 Cancellation of grazing permits and authorities by local
government
242 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
243 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Division 4 Other provisions
244 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
245 Holder of cancelled permit or authority required to remove stock 172
246 Refund of permit fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
247 Refund of part of authority fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Part 6 Direction notice for unauthorised grazing in accessible
grazing areas
248 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
249 Contents of direction notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
250 Direction to give undertaking to take a relevant alternative step . 174
251 Directions for applying for grazing authority . . . . . . . . . . . . . . . . . 175
252 Directions for restoring or erecting stock-proof fence . . . . . . . . . . 175
253 Directions for removing stock from accessible grazing area . . . . 176
254 Compliance with direction notice . . . . . . . . . . . . . . . . . . . . . . . . . 177
Part 7 Grazing fees for unauthorised grazing in accessible grazing
areas
Division 1 Preliminary
255 Operation of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
256 What is the grazing fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Division 2 Grazing fee payable under direction notice
257 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
258 Grazing fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
259 Grazing fee payment notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
260 Stay of operation of grazing fee payment notice for review . . . . . 179
Division 3 Grazing fee payable on later inspection
261 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
262 Notice of liability for grazing fee . . . . . . . . . . . . . . . . . . . . . . . . . . 180
263 Grazing fee and reasonable inspection costs payable . . . . . . . . . 180
264 Content of grazing fee payment notice . . . . . . . . . . . . . . . . . . . . . 181
265 Stay of operation of grazing fee payment notice for review . . . . . 183
Division 4 Other matters
266 When grazing fee and costs are payable . . . . . . . . . . . . . . . . . . . 183
267 Grazing fee does not confer authorisation or right to graze . . . . . 183
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Chapter 6 Harvesting pasture
Part 1 Permit for harvesting
268 What does a harvesting permit authorise. . . . . . . . . . . . . . . . . . . 184
Part 2 Application for harvesting permit
Division 1 Making land available for harvesting
269 Local government may make land available. . . . . . . . . . . . . . . . . 184
270 Public notice of availability of land . . . . . . . . . . . . . . . . . . . . . . . . 186
Division 2 Applying for permit
271 Application for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
272 Additional information for application . . . . . . . . . . . . . . . . . . . . . . 187
273 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
274 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 188
275 Issuing permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
276 Refusing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
277 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Part 3 Harvesting permits
Division 1 Permit contents
278 Contents of harvesting permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
279 Mandatory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Division 2 Particular obligations for harvesting
280 Inspection and measuring of harvested pasture by authorised
person .................................... 191
281 Keeping record of pasture harvested . . . . . . . . . . . . . . . . . . . . . . 192
Division 3 Permit period
282 Period of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
283 Effect of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 4 Harvesting fee
284 Local government may prescribe harvesting fee . . . . . . . . . . . . . 193
Part 4 Amending permits
Division 1 Required amendments
285 Permit holder to give notice of correct particulars . . . . . . . . . . . . 193
Division 2 Amendment by local government
286 Local government may amend permit . . . . . . . . . . . . . . . . . . . . . 194
Division 3 Replacement of harvesting permits
287 Issuing replacement permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
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Part 5 Cancelling harvesting permits
288 Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
289 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Chapter 7 Offences for stock route network and public (stock access)
land
Part 1 General restrictions
290 Driving or grazing stock in contravention of declaration or
special management condition. . . . . . . . . . . . . . . . . . . . . . . . . . . 197
291 Harvesting pasture in contravention of declaration or special
management condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Part 2 Use of stock route network and public (stock access) land
Division 1 Movement of stock
292 Unauthorised movement of stock . . . . . . . . . . . . . . . . . . . . . . . . . 199
293 Offence to allow stock to stray . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Division 2 Grazing of stock
294 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
295 Application of div 2 to grazing by travelling stock . . . . . . . . . . . . . 201
296 Unauthorised grazing of stock . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
297 Landowner allowing unauthorised grazing of stock . . . . . . . . . . . 201
298 What is and is not a reasonable excuse. . . . . . . . . . . . . . . . . . . . 202
Division 3 Other conduct
299 Burning pasture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
300 Unauthorised harvesting of pasture . . . . . . . . . . . . . . . . . . . . . . . 203
Part 3 Use of water and stock facilities
301 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
302 Taking water from public water facility . . . . . . . . . . . . . . . . . . . . . 204
303 Wasting or polluting water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
304 Damaging stock facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
305 Camping near public water facility . . . . . . . . . . . . . . . . . . . . . . . . 205
306 Allowing stock to remain near public water facility . . . . . . . . . . . . 205
Part 4 Obstructing stock
307 Obstructing movement of stock . . . . . . . . . . . . . . . . . . . . . . . . . . 205
308 Placing things on network or public (stock access) land . . . . . . . 206
Part 5 Stock under permits or authorities
309 Contravention of condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
310 Allowing another person to contravene condition . . . . . . . . . . . . . 207
311 Rate of travel for stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
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312 Stock must be adequately supervised . . . . . . . . . . . . . . . . . . . . . 208
Chapter 8 Investigation and enforcement
Part 1 General provisions about authorised persons
Division 1 Appointment
313 Authorised persons under ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . 209
314 Functions of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . 209
315 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 209
316 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 210
317 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
318 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Division 2 Identity cards
319 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
320 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 212
321 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Division 3 Miscellaneous provisions
322 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 212
323 Reference to document includes reference to reproductions from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
Part 2 Entry of places by authorised persons
Division 1 General powers for entering places
324 General powers of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
325 Restriction on entry by consent . . . . . . . . . . . . . . . . . . . . . . . . . . 214
326 Restriction on entry by warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . 215
327 Restriction on particular entries without consent or warrant . . . . 215
Division 2 Particular entry powers
328 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
329 Entry to remedy noncompliance with fencing obligations. . . . . . . 216
330 Entry to remedy noncompliance with mustering obligations . . . . 217
331 Entry to maintain stock facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Division 3 Entry by consent
332 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
333 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 219
334 Matters authorised person must tell occupier. . . . . . . . . . . . . . . . 219
335 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
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Division 4 Entry under warrant
Subdivision 1 Obtaining a warrant
336 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
337 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
338 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
339 Additional procedure if electronic application . . . . . . . . . . . . . . . . 223
340 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Subdivision 2 Entry procedure
341 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
Part 3 Other authorised persons' powers and related matters
Division 1 Stopping or moving vehicles
342 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
343 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
344 Identification requirements if vehicle moving . . . . . . . . . . . . . . . . 226
345 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Division 2 General powers of authorised persons after entering places
346 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
347 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
348 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 229
349 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 230
Division 3 Seizure by authorised persons and forfeiture
Subdivision 1 Power to seize
350 Seizing evidence at a place that may be entered without
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
351 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
352 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 231
Subdivision 2 Powers to support seizure
353 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
354 Offence to contravene other seizure requirement . . . . . . . . . . . . 232
355 Offence to tamper with seized things . . . . . . . . . . . . . . . . . . . . . . 233
356 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Subdivision 3 Safeguards for seized things
357 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
358 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
359 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
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Division 4 Other information-obtaining powers of authorised persons
360 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 235
361 Offence to contravene personal details requirement . . . . . . . . . . 236
362 Power to require production of documents . . . . . . . . . . . . . . . . . . 236
363 Offence to contravene document production requirement . . . . . . 237
364 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
365 Offence to contravene information requirement . . . . . . . . . . . . . . 238
Part 4 Miscellaneous provisions relating to authorised persons
Division 1 Damage
366 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 238
367 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Division 2 Compensation
368 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Division 3 Other offences relating to authorised persons
369 Requirement to produce permit or authority. . . . . . . . . . . . . . . . . 241
370 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 241
371 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 241
372 Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
373 Impersonation of authorised person. . . . . . . . . . . . . . . . . . . . . . . 242
Part 5 Direction notices
374 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
375 Authorised person may issue a direction notice . . . . . . . . . . . . . . 242
376 Requirements of direction notices . . . . . . . . . . . . . . . . . . . . . . . . 243
377 Compliance period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
378 Offence to contravene a direction notice . . . . . . . . . . . . . . . . . . . 245
Part 6 Recovery of fees and costs
Division 1 Enforcing fencing notices or direction notices to maintain
fences
379 Amounts payable by owner of adjoining land . . . . . . . . . . . . . . . . 245
380 Unpaid fencing costs are a charge on land . . . . . . . . . . . . . . . . . 246
Division 2 Enforcing mustering notices
381 Amounts payable by owner of stock . . . . . . . . . . . . . . . . . . . . . . . 246
Division 3 Amounts recoverable as debt
382 Amounts recoverable by local government as a debt. . . . . . . . . . 247
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Chapter 9 Administrative matters
Part 1 Advisory panels
Division 1 Establishment
383 Chief executive may establish advisory panels . . . . . . . . . . . . . . 247
Division 2 Membership
384 Membership of advisory panels . . . . . . . . . . . . . . . . . . . . . . . . . . 249
385 Failure of nominating entity to nominate person. . . . . . . . . . . . . . 249
386 Appointment terms generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
387 Expenses and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
388 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Division 3 Proceedings
389 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
390 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
391 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
392 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
393 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
394 Appointment of proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
395 Disclosure of interests by advisory panel members . . . . . . . . . . . 252
396 Recording dissenting opinions of members . . . . . . . . . . . . . . . . . 253
397 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Part 2 Financial provisions
398 Amounts payable by local governments to department . . . . . . . . 254
Part 3 Intervention by the State
399 Minister may direct local government to perform function or
obligation ..................................... 255
400 Chief executive may be directed to perform local government's
functions ................................... 255
401 Local government to pay chief executive's costs . . . . . . . . . . . . . 256
402 Minister may ask for particular information from local
government ............................... 256
Chapter 10 Review
Part 1 Preliminary
403 Definitions for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
404 What is an original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
405 Who is the aggrieved person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
Part 2 Review by chief executive officer
406 Application of pt 2 to review of amount of grazing fee or costs . . 258
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Contents
407 Review application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
408 Reviewing original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
409 Review decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
Part 3 Review by chief executive
410 Review application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
411 Reviewing original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
412 Review decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
413 Special provisions for reviewing consecutive travel permit refusal
or cancellation decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Part 4 Stay of operation of original decision
414 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
415 Review application does not stay original decision . . . . . . . . . . . 265
416 Reviewer may stay original decision. . . . . . . . . . . . . . . . . . . . . . . 266
417 Application to QCAT for stay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Part 5 Review by QCAT
418 Who may apply for review by QCAT . . . . . . . . . . . . . . . . . . . . . . . 267
419 Special provisions for decisions involving consecutive travel
permits .................................... 267
Chapter 11 Miscellaneous
Part 1 Stock route network map
420 Amendment of stock route network map . . . . . . . . . . . . . . . . . . . 268
421 Access to the stock route network map . . . . . . . . . . . . . . . . . . . . 269
Part 2 Evidence and legal proceedings
Division 1 Evidence
422 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
423 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
424 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
425 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Division 2 Legal proceedings
426 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 271
Part 3 Other provisions
427 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
428 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
429 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 273
430 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
431 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
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432 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Chapter 12 Transitional provisions
Part 1 General provisions
Division 1 Preliminary
433 Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Division 2 References to pre-amended Act
434 References to pre-amended Act and provisions relating to stock
route network management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Division 3 Stock route management plans
435 Initial preparation of State management plan. . . . . . . . . . . . . . . . 276
436 Existing State management strategy continues . . . . . . . . . . . . . . 276
437 Initial preparation of local management plan . . . . . . . . . . . . . . . . 276
438 Existing management plans continue. . . . . . . . . . . . . . . . . . . . . . 277
Division 4 Stock route classification
439 Stock route classifications on commencement. . . . . . . . . . . . . . . 277
440 Initial deciding of threshold usage numbers and review of
classification of stock routes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Division 5 Existing water facility agreements
441 Existing water facility agreements continue . . . . . . . . . . . . . . . . . 279
Division 6 Existing travel and agistment permits and applications
442 Existing travel permits continue . . . . . . . . . . . . . . . . . . . . . . . . . . 280
443 Existing agistment permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
444 Undecided permit applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
Part 2 Transition from existing permits to occupy to grazing
authorities
445 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
446 Application for grazing authority . . . . . . . . . . . . . . . . . . . . . . . . . . 282
447 Grazing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
448 Renewal of particular grazing authorities . . . . . . . . . . . . . . . . . . . 284
Chapter 13 Amendment of this Act and other legislation
Part 1 Amendment of this Act
449 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
450 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
451 Amendment of s 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . 285
452 Renumbering of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . 285
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Contents
Part 2 Consequential amendments of other Acts and regulation
Division 1 Amendment of Land Act 1994
453 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
454 Amendment of s 159 (General provisions for deciding
application) .................................... 285
455 Amendment of s 167 (Provisions for deciding application). . . . . . 286
456 Amendment of s 177 (Chief executive may issue permit) . . . . . . 286
457 Insertion of new ch 9, pt 1K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
Part 1K Transitional provisions for Stock Route
Network Management Act 2011
521ZD Definitions for pt 1K . . . . . . . . . . . . . . . . . . . . . . . . . . 287
521ZE Cancellation of existing permits . . . . . . . . . . . . . . . . . 288
521ZF Issue of replacement permits . . . . . . . . . . . . . . . . . . . 289
521ZG Surrender of replacement permits . . . . . . . . . . . . . . . 290
458 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 291
Division 2 Amendment of Land Protection (Pest and Stock Route
Management) Act 2002
459 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
460 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
461 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
462 Replacement of s 3 (Main purpose of Act) . . . . . . . . . . . . . . . . . . 293
3 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 293
463 Amendment of s 4 (How purpose is achieved). . . . . . . . . . . . . . . 293
464 Omission of ch 3 (Stock route network management) . . . . . . . . . 293
465 Replacement of s 183 (Functions of local governments) . . . . . . . 294
183 Functions of local governments . . . . . . . . . . . . . . . . . 294
466 Amendment of s 184 (Minister may direct local government to
perform function or obligation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
467 Amendment of s 187 (Minister may require local government to
make annual payment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
468 Amendment of ch 5 hdg (Land protection council and Land
Protection Fund). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
469 Omission of ch 5, pt 1 and ch 5, pt 2, hdg . . . . . . . . . . . . . . . . . . 294
470 Omission of s 212 (Local government's payment of amounts into
fund) ........................................ 295
471 Amendment of s 291 (Appointments) . . . . . . . . . . . . . . . . . . . . . . 295
472 Amendment of s 302 (Compensation) . . . . . . . . . . . . . . . . . . . . . 295
473 Amendment of s 304 (Delegation by Minister) . . . . . . . . . . . . . . . 295
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Contents
474 Amendment of s 305 (Delegation by chief executive) . . . . . . . . . 295
475 Amendment of s 309 (Regulation-making power) . . . . . . . . . . . . 296
476 Insertion of new ch 11, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
Part 4 Transitional provisions for Stock Route
Network Management Act 2011
334 References to former short title of Act relating to
pest management. . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
335 Dissolution of former land protection council . . . . . . . 296
477 Amendment of sch 1 (Reviewable decisions and aggrieved
persons) .................................... 297
478 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 297
Division 3 Amendment of Stock Act 1915
479 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
480 Amendment of s 21B (Issue of a travel permit) . . . . . . . . . . . . . . 298
481 Amendment of s 21C (Application for travel permit) . . . . . . . . . . . 298
482 Amendment of s 21D (Change of route under a travel permit). . . 299
483 Amendment of s 21E (Travel permit for multiple movements) . . . 299
484 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 299
Division 4 Amendment of Transport Infrastructure Act 1994
485 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
486 Insertion of new ch 21, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Part 4 Transitional provision for Stock Route Network
Management Act 2011
582 Effect of regulation amendment . . . . . . . . . . . . . . . . . 300
487 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 300
Division 5 Amendment of Transport Infrastructure (State-controlled
Roads) Regulation 2006
488 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
489 Amendment of s 6 (Prohibition on animals on non-motorway
State-controlled road). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
490 Amendment of s 11 (Declaration of ancillary works and
encroachments) .................................. 302
491 Amendment of sch 1 (Encroachments that ancillary works and
encroachments include) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Division 6 Amendment of other Acts
492 Acts amended in sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Schedule 1 Local governments required to prepare local management
plans ........................................ 303
Schedule 2 Reviewable decisions and aggrieved persons . . . . . . . . . . . . 305
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Stock Route Network Management Bill 2011
Contents
Schedule 3 Minor and consequential amendments of Acts . . . . . . . . . . . 310
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
Cape York Peninsula Heritage Act 2007 . . . . . . . . . . . . . . . . . . . 310
Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 311
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Water Supply (Safety and Reliability) Act 2008 . . . . . . . . . . . . . . 312
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
Page 23
2011
A Bill
for
An Act about the management of the stock route network and
associated land and to make consequential amendments of the
Aboriginal Land Act 1991, the Cape York Peninsula Heritage
Act 2007, the Fisheries Act 1994, the Forestry Act 1959, the
Land Act 1994, the Land Protection (Pest and Stock Route
Management) Act 2002, the Stock Act 1915, the Transport
Infrastructure Act 1994, the Transport Infrastructure
(State-controlled Roads) Regulation 2006, the Vegetation
Management Act 1999, the Water Act 2000 and the Water
Supply (Safety and Reliability) Act 2008
Stock Route Network Management Bill 2011
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Stock Route Network 5
Management Act 2011. 6
2 Commencement 7
(1) Subject to subsection (2), this Act commences on a day to be 8
fixed by proclamation. 9
(2) Chapter 13, part 1 commences immediately after all of the 10
other provisions of chapter 13 and all of schedule 3 have 11
commenced. 12
Part 2 Purpose and application of Act 13
3 Purpose of Act and its achievement 14
(1) The main purpose of this Act is to regulate the management 15
and use of the stock route network and public (stock access) 16
land. 17
(2) The main purpose is to be achieved principally by doing the 18
following for the stock route network and public (stock 19
access) land-- 20
(a) recognising the importance of their different uses; 21
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Stock Route Network Management Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 4]
(b) establishing principles and responsibilities for their 1
management; 2
(c) providing for strategic planning for their management; 3
(d) providing for maintaining stock facilities supplied on or 4
for them; 5
(e) providing for local governments to manage the parts of 6
them in their local government areas. 7
4 Act binds all persons 8
This Act binds all persons, including the State, and, so far as 9
the legislative power of the Parliament permits, the 10
Commonwealth and the other States. 11
5 Relationship with particular Acts 12
This Act does not affect the application of-- 13
(a) the Animal Care and Protection Act 2001; or 14
(b) the Nature Conservation Act 1992; or 15
(c) the Vegetation Management Act 1999. 16
Part 3 Interpretation 17
Division 1 Dictionary 18
6 Dictionary 19
The dictionary in schedule 4 defines particular words used in 20
this Act. 21
Page 27
Stock Route Network Management Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 7]
Division 2 Key definitions and concepts 1
7 What is a stock route 2
(1) A stock route is-- 3
(a) a road or route declared to be a stock route under 4
subsection (2); or 5
(b) another road or route ordinarily used for travelling stock 6
(an unmapped stock route). 7
(2) Each road or route shown as a stock route on the stock route 8
network map (a mapped stock route) is declared to be a stock 9
route. 10
8 What is the stock route network 11
The stock route network is the network of stock routes and 12
reserves for travelling stock in the State. 13
9 What is the stock route network map 14
The stock route network map is the map titled `Stock route 15
network of Queensland', prepared and held by the chief 16
executive in digital electronic form, as amended from time to 17
time under section 420. 18
Note-- 19
For access to the map, see section 421. 20
10 What is a reserve for travelling stock 21
A reserve for travelling stock is a reserve under the Land Act 22
that-- 23
(a) is dedicated for travelling stock requirements or 24
watering-places; or 25
(b) can otherwise be lawfully used by travelling stock. 26
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Stock Route Network Management Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 11]
11 What is public (stock access) land 1
Public (stock access) land is-- 2
(a) generally, the following-- 3
(i) a road or other land, other than a stock route or 4
reserve for travelling stock, under the control of a 5
local government; 6
(ii) a State-controlled road, other than a stock route; 7
and 8
(b) other than under chapter 5 or 6, unallocated State land 9
adjoining-- 10
(i) a stock route; or 11
(ii) a reserve for travelling stock; or 12
(iii) a road or land to which paragraph (a)(i) or (ii) 13
applies. 14
12 What is a local government's management area 15
A local government's management area is the part of the 16
stock route network and public (stock access) land in its local 17
government area. 18
13 References to local government 19
If a provision of this Act about a management area or another 20
area or land refers to a local government without identifying 21
any particular local government, the reference is to the local 22
government in whose local government area the area or land is 23
situated. 24
14 What are the principles of stock route network 25
management 26
The principles of stock route network management are as 27
follows-- 28
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Stock Route Network Management Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 14]
(a) the importance of the following uses (the relevant uses) 1
of the stock route network and public (stock access) land 2
must be recognised-- 3
(i) its principal use as a transport corridor for driving 4
stock; 5
(ii) its secondary uses for grazing stock and harvesting 6
pasture; 7
(iii) the uses (the alternative uses) of the stock route 8
network that support the following-- 9
(A) maintenance of the biodiversity, cultural 10
heritage, infrastructure and natural resources 11
within or near the network; 12
(B) recreation, tourism and other locally 13
significant uses of the network; 14
(b) the stock route network and public (stock access) land 15
must be managed sustainably to-- 16
(i) support the relevant uses; and 17
(ii) ensure the network remains viable into the future, 18
including supporting its adaptation to climate 19
change; 20
(c) the stock route network and public (stock access) land 21
must be managed efficiently and consistently at local, 22
regional and State levels; 23
(d) the stock route network and public (stock access) land 24
must be managed consistently with the public interest in 25
the network, including, for example, the public interest 26
relating to land protection, cultural heritage, planning, 27
recreation and infrastructure in, and affecting, the 28
network; 29
(e) the connectivity of the stock route network must be 30
maintained; 31
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 1 State management plan
[s 15]
(f) a person who benefits from using the stock route 1
network or public (stock access) land must pay a 2
reasonable amount for its use. 3
Chapter 2 State management 4
functions 5
Part 1 State management plan 6
15 Chief executive to prepare management plan 7
The chief executive must prepare a State management plan for 8
managing the stock route network. 9
16 Content of management plan 10
The State management plan must provide for the following-- 11
(a) providing guidance for recognising the importance of, 12
and coordinating, the relevant uses of the stock route 13
network and public (stock access) land; 14
(b) giving strategic direction to local governments for 15
sustainably managing their management areas; 16
Example-- 17
providing guidance to local governments for monitoring, and 18
developing strategies to rehabilitate or improve, the condition of 19
land and pasture in their management areas including strategies 20
for managing excessive growth of pasture by controlled burning, 21
grazing or harvesting 22
(c) providing guidance to local governments for managing 23
their management areas having regard to relevant 24
requirements under other Acts; 25
Page 31
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 1 State management plan
[s 16]
Examples-- 1
· carrying out burning-off, landscaping or planting on 2
State-controlled roads under the Transport Infrastructure 3
Act 1994 4
· managing remnant vegetation on the stock route network or 5
public (stock access) land under the Vegetation Management 6
Act 1999 7
· managing declared pests under a pest management plan 8
under the Land Protection (Pest Management) Act 2002 9
(d) providing guidance to local governments about relevant 10
matters for reviewing the classification of stock routes in 11
their local government areas under part 2; 12
(e) supporting local governments in managing special 13
management areas in their local government areas; 14
Example-- 15
providing guidance to local governments for identifying special 16
management areas and giving strategic direction for managing 17
the areas 18
(f) avoiding negative impacts of stock on the stock route 19
network; 20
(g) maintaining and improving stock facilities and water 21
points on the stock route network to ensure the viability 22
of the network for stock using the network; 23
(h) consulting with persons likely to be affected by the 24
management of the stock route network; 25
Example-- 26
providing guidance about increasing community awareness of 27
the stock route network and educating and informing persons 28
using the network of the relevant requirements for using the 29
network 30
(i) providing a framework for effective and consistent 31
management by local governments of their management 32
areas. 33
Page 32
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 1 State management plan
[s 17]
17 Preparing management plan 1
In preparing the State management plan, the chief executive 2
must have regard to the principles of stock route network 3
management. 4
18 Duration of management plan 5
The State management plan has effect until the first of the 6
following to happen-- 7
(a) the management plan is renewed; 8
(b) the end of the period, of no more than 10 years, stated in 9
it. 10
19 Implementing management plan 11
The chief executive must, as far as practicable, implement the 12
State management plan. 13
20 Management plan to be available for inspection 14
(1) The chief executive must keep a copy of the State 15
management plan available for inspection, free of charge, by 16
members of the public at-- 17
(a) the department's head office; and 18
(b) other places the chief executive considers appropriate, 19
including, for example, on the department's website. 20
(2) The plan may be made available in written or electronic form. 21
21 Reviewing management plan 22
The chief executive must review the State management plan 23
within each 2-year period during which it is in force. 24
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 22]
22 Renewing management plan 1
The chief executive must renew the plan before it ends under 2
section 18(b). 3
Part 2 Classification of stock routes 4
Division 1 Preliminary 5
23 Definitions for pt 2 6
In this part-- 7
qualifying period see section 24. 8
stock route has the meaning affected by section 25. 9
usage factors see section 29. 10
24 Meaning of qualifying period 11
(1) The qualifying period, for classifying a stock route, is each of 12
4 years in the 10 years preceding the classification, during 13
which the number of stock that travelled on it was equal to or 14
more than the number of stock that travelled on it in each of 15
the other 6 years. 16
(2) The 4 years need not be consecutive. 17
Example-- 18
The total number of stock that travelled on a particular stock route for 19
each year in the last 10 years is 5000 in year 1, 4000 in year 3, 3000 in 20
year 5, 2000 in year 7 and 1000 in each of the other years. The 21
qualifying period is each of years 1, 3, 5 and 7. 22
Page 34
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 25]
25 Reference to a stock route 1
A reference in this part to a stock route, if it is shown on the 2
stock route network map, is a reference to the stock route, or a 3
part of the stock route, between 2 points shown on the map. 4
Division 2 Initial classification 5
26 Chief executive to classify mapped stock routes 6
The chief executive must ensure-- 7
(a) each mapped stock route is classified under this part 8
as-- 9
(i) a primary A stock route; or 10
(ii) a primary B stock route; or 11
(iii) a secondary stock route; and 12
(b) the classification is shown on the stock route network 13
map. 14
27 How to classify stock routes shown on stock route 15
network map 16
(1) This section applies to a mapped stock route. 17
(2) The stock route must be classified as a primary A stock route 18
if the chief executive considers more than the upper threshold 19
usage number of stock are likely to travel on it in a relevant 20
year. 21
(3) The stock route must be classified as a primary B stock route 22
if the chief executive considers more than the lower threshold 23
usage number of stock but no more than the upper threshold 24
usage number of stock are likely to travel on it in a relevant 25
year. 26
(4) Otherwise the stock route must be classified as a secondary 27
stock route. 28
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 28]
Note-- 1
See, however, section 439. 2
(5) In this section-- 3
relevant year, for classifying a stock route, means a year in 4
which the chief executive considers the stock route is not 5
likely to be unduly affected by a deterioration in the quality or 6
quantity of pasture, including, for example, because of 7
drought. 8
28 Initial default classification of unmapped stock route 9
(1) An unmapped stock route is taken to be classified as a 10
secondary stock route. 11
(2) The initial classification is subject to review and change under 12
this part. 13
Note-- 14
If the initial classification is to be changed, the stock route must be 15
shown on the stock route network map. See section 45(1)(c)(i). 16
Division 3 Matters relevant to classification 17
Subdivision 1 Usage factors 18
29 Usage factors for classification 19
The factors (usage factors) for classifying a stock route as a 20
primary A, primary B or secondary stock route are-- 21
(a) the extent to which the stock route is used by, and is 22
suitable for, travelling stock, as shown by the 23
following-- 24
(i) the number of stock for which travel permits for 25
the stock route were issued in each year of the 26
qualifying period; 27
Page 36
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 29]
(ii) the number of stock for which applications for 1
travel permits for the stock route were made in 2
each year of the qualifying period and refused 3
because of inadequacy of quality or quantity of 4
pasture; and 5
(b) subject to paragraph (a), the extent to which the stock 6
route is used for, and is suitable for, grazing stock, as 7
shown by the following-- 8
(i) the number of stock for which grazing permits for 9
the stock route were issued in each year of the 10
qualifying period; 11
(ii) the number of grazing authorities issued for the 12
stock route in each year of the qualifying period; 13
(iii) the number of stock for which applications for 14
grazing permits for the stock route were made in 15
each year of the qualifying period and refused 16
because of inadequacy of quality or quantity of 17
pasture; 18
(iv) the number of applications for grazing authorities 19
for the stock route made in each year of the 20
qualifying period and refused because of 21
inadequacy of quality or quantity of pasture; and 22
(c) any relevant information about the quality and quantity 23
of pasture available on the stock route in the qualifying 24
period. 25
Examples-- 26
· returns or reports of local governments about pasture 27
conditions in their management areas 28
· data about pasture conditions gathered or prepared by or for 29
the department 30
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Chapter 2 State management functions
Part 2 Classification of stock routes
[s 30]
Subdivision 2 Threshold usage numbers of stock 1
30 Meaning of cattle unit 2
(1) For this subdivision, a cattle unit is a unit of measurement 3
under which 1 cattle unit is equivalent to-- 4
(a) 1 head of large stock; or 5
(b) 5 head of other stock. 6
(2) In this section-- 7
large stock means alpacas, asses, buffalo, camels, cattle, 8
donkeys, horses, llamas, mules or vicunas. 9
31 Working out the upper threshold usage number of stock 10
(1) The upper threshold usage number of stock is a number of 11
cattle units that-- 12
(a) the chief executive decides reasonably approximates to 13
the highest number of travelling stock that a stock route 14
could sustain in a year, beyond which it would be 15
necessary to prevent grazing by other stock to ensure 16
enough pasture on the stock route for travelling stock; 17
and 18
(b) is prescribed under a regulation. 19
(2) In deciding the approximation, the chief executive must have 20
regard to the usage factors for all primary stock routes. 21
32 Working out the lower threshold usage number of stock 22
(1) The lower threshold usage number of stock is a number of 23
cattle units that-- 24
(a) the chief executive decides reasonably approximates to 25
the highest number of travelling stock that a stock route 26
could sustain in a year, beyond which it would be 27
necessary to limit grazing by other stock to ensure 28
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Chapter 2 State management functions
Part 2 Classification of stock routes
[s 33]
enough pasture on the stock route for travelling stock; 1
and 2
(b) is prescribed under a regulation. 3
(2) In deciding the approximation, the chief executive must have 4
regard to the usage factors for all primary B stock routes and 5
secondary stock routes shown on the stock route network 6
map. 7
Division 4 Reviewing classification 8
33 Application of div 4 9
This division applies only if there is an upper threshold usage 10
number and a lower threshold usage number. 11
34 Significant change review ground 12
(1) The classification of a stock route may be reviewed on the 13
ground that the classification is no longer appropriate because 14
there has been a significant change in the number of stock 15
travelling on the stock route, other than a change that-- 16
(a) relates to a deterioration in the quality or quantity of 17
pasture on the stock route; or 18
(b) is likely to be only temporary. 19
Examples-- 20
1 There has been a consistent increase in the number of stock 21
travelling on a primary B stock route and because of this it is 22
considered more than the upper threshold usage number of stock 23
are likely to travel on the stock route each year for the next several 24
years. 25
2 There has been a consistent reduction in the number of stock 26
travelling on a primary B stock route in a period. The reduction is 27
not considered to be related to a deterioration in pasture conditions, 28
in part, because there has also been an increase in the number of 29
stock for which grazing permits have been granted in the period. It 30
is considered that, because of the reduction in the number of 31
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Chapter 2 State management functions
Part 2 Classification of stock routes
[s 35]
travelling stock, fewer than the lower threshold usage number of 1
stock are likely to travel on the stock route each year for the next 2
several years. 3
(2) Subsection (1) is the significant change review ground. 4
35 Review of mapped stock routes by local government 5
(1) A local government must review each mapped stock route 6
shown in its local government area-- 7
(a) at least once in each 5 years; and 8
(b) if the local government has a local management plan, 9
within 6 months before the plan is renewed. 10
(2) The local government must also review the classification of a 11
stock route if, at any time-- 12
(a) it considers the significant change review ground exists; 13
or 14
(b) a person gives it a submission (a usage submission) to 15
change the classification on the significant change 16
review ground that addresses the usage factors for the 17
stock route; or 18
(c) the chief executive asks the local government to review 19
the classification. 20
(3) For a review under this section, the local government must 21
consider-- 22
(a) the usage factors for the stock route; and 23
(b) any relevant usage submission. 24
36 Proposal by local government to change classification 25
after review 26
(1) After reviewing the classification of a stock route under 27
section 35, the local government must decide whether or not it 28
is appropriate to propose changing the classification. 29
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Chapter 2 State management functions
Part 2 Classification of stock routes
[s 37]
(2) If a person has given the local government a usage 1
submission, the local government must give the person a 2
notice stating-- 3
(a) the decision; and 4
(b) if the local government considers it is not appropriate to 5
propose changing the classification--the reasons for the 6
decision. 7
37 Review by chief executive 8
(1) The chief executive may review the classification of a stock 9
route if the chief executive considers the significant change 10
review ground exists. 11
(2) In reviewing the classification, the chief executive must 12
consider the usage factors for the stock route. 13
Division 5 Reviewing threshold usage 14
numbers 15
38 Review by local government 16
(1) This section applies if a local government considers there has 17
been, or is likely to be, a significant change in-- 18
(a) the demand for travel permits for stock routes in 19
different regions of the State; or 20
(b) the quality or quantity of pasture available on stock 21
routes in different regions of the State. 22
(2) The local government may-- 23
(a) review the upper threshold usage number or lower 24
threshold usage number; and 25
(b) after performing the review, decide whether or not it is 26
appropriate to propose changing that number. 27
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Chapter 2 State management functions
Part 2 Classification of stock routes
[s 39]
(3) In reviewing the upper threshold usage number, the local 1
government must consider the usage factors for all primary 2
stock routes. 3
(4) In reviewing the lower threshold usage number, the local 4
government must consider the usage factors for all primary B 5
and secondary stock routes shown on the stock route network 6
map. 7
39 Review by chief executive 8
(1) The chief executive may review the upper threshold usage 9
number or lower threshold usage number for stock if the chief 10
executive considers there has been, or is likely to be, a 11
significant change mentioned in section 38. 12
(2) In reviewing the upper threshold usage number, the chief 13
executive must consider the usage factors for all primary stock 14
routes. 15
Example-- 16
The chief executive considers that over a period of at least 4 years 17
applications for travel permits for primary stock routes in different 18
regions of the State have been refused for an unusually high number of 19
stock because of an anticipated lack of pasture. The chief executive 20
considers it may be appropriate to reduce the upper threshold usage 21
number to reduce the level of grazing on the stock routes and ensure 22
adequate pasture to meet the anticipated demands of travelling stock. 23
(3) In reviewing the lower threshold usage number, the chief 24
executive must consider the usage factors for all primary B 25
stock routes and secondary stock routes shown on the stock 26
route network map. 27
Example-- 28
The chief executive considers that over a period of at least 4 years an 29
unusually high number of primary B and secondary stock routes in 30
different regions of the State have had excess pasture. The chief 31
executive considers it may be appropriate to increase the lower threshold 32
usage number to allow for more grazing and reduce the excess pasture 33
that is anticipated will not be required for travelling stock. 34
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 40]
Division 6 Changing classification and 1
threshold usage numbers 2
40 Local government submission proposing classification 3
change 4
(1) This section applies if, under this part, a local government 5
decides it is appropriate to propose changing the classification 6
of a stock route. 7
(2) The local government must make a submission to the chief 8
executive proposing the change. 9
(3) The submission must address the usage factors for the stock 10
route. 11
41 Local government submission proposing change of 12
threshold usage number 13
(1) This section applies if a local government reviews a threshold 14
usage number under section 38 and decides it is appropriate to 15
propose changing the threshold usage number. 16
(2) The local government must make a submission to the chief 17
executive proposing the change. 18
(3) The submission must address-- 19
(a) for a proposed change of the upper threshold usage 20
number--the usage factors for all primary stock routes; 21
and 22
(b) for a proposed change of the lower threshold usage 23
number--the usage factors for all primary B stock 24
routes and secondary stock routes shown on the stock 25
route network map. 26
42 Public notice inviting submissions 27
(1) This section applies if the chief executive-- 28
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 42]
(a) reviews the classification of a stock route under section 1
37 and decides it may be appropriate to change the 2
classification of the stock route; or 3
(b) reviews a threshold usage number for stock under 4
section 39 and decides it may be appropriate to change 5
the threshold usage number; or 6
(c) receives a submission from a local government to 7
change the classification of a stock route or a threshold 8
usage number under section 40(2) or 41(2). 9
Note-- 10
See also section 440(5). 11
(2) The chief executive must publish a notice of the proposed 12
change-- 13
(a) on the department's website; and 14
(b) if the proposed change relates to the classification of 15
stock route--in a newspaper circulating generally in the 16
local government area where the stock route is situated. 17
(3) The notice must state-- 18
(a) for a proposed change of classification of a stock route 19
(a classification change)-- 20
(i) details sufficient to identify the stock route; and 21
(ii) the proposed new classification; and 22
(iii) the reasons for the proposed change; and 23
(iv) that submissions about the proposed change may 24
be made to the chief executive within at least 1 25
month after the notice is published (the submission 26
period); and 27
(v) that the submissions must address the usage factors 28
for the stock route; and 29
(b) for a proposed change of a threshold usage number (a 30
threshold change)-- 31
(i) the proposed new threshold usage number; and 32
Page 44
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 43]
(ii) the reasons for the proposed change; and 1
(iii) that submissions about the proposed change may 2
be made to the chief executive within the 3
submission period; and 4
(iv) for a proposed change of the upper threshold usage 5
number, that the submissions must address the 6
usage factors for all primary stock routes; and 7
(v) for a proposed change of the lower threshold usage 8
number, that the submissions must address the 9
usage factors for all primary B stock routes and 10
secondary stock routes shown on the stock route 11
network map; and 12
(vi) for a proposed change of the upper or lower 13
threshold usage number, details of the location of, 14
and access to, information about the quality and 15
quantity of pasture that the chief executive 16
considers relevant for considering the proposed 17
change; and 18
Example-- 19
referencing stated documents published on the 20
department's website 21
(c) how the submissions can be made. 22
43 Deciding proposed change 23
(1) At the end of the submission period the chief executive must 24
decide-- 25
(a) for a proposed classification change-- 26
(i) to confirm the current classification; or 27
(ii) to approve a new classification; or 28
(b) for a proposed threshold change-- 29
(i) to confirm the current threshold usage number; or 30
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 2 Classification of stock routes
[s 44]
(ii) to approve the proposed new threshold usage 1
number; or 2
(iii) to make a new decision under section 31(1)(a) or 3
32(1)(a). 4
(2) In making the decision, the chief executive-- 5
(a) must consider the following-- 6
(i) if a local government has made a submission under 7
section 40(2) or 41(2)--the submission; 8
(ii) any submissions received in response to the notice 9
under section 42(2); 10
(iii) for a proposed classification change, the usage 11
factors for the stock route; 12
(iv) for a proposed change of the upper threshold 13
number, the usage factors for all primary stock 14
routes; 15
(v) for a proposed change of the lower threshold usage 16
number, the usage factors for all primary B stock 17
routes and secondary stock routes shown on the 18
stock route network map; and 19
(b) may ask an advisory panel to make recommendations 20
about the proposed change and consider the advisory 21
panel's recommendations. 22
44 Changing classification if primary stock route is no 23
longer suitable 24
(1) This section applies if the chief executive considers-- 25
(a) that a primary stock route is not, or is not likely to be, 26
suitable for the number of travelling stock expected to 27
use the stock route; and 28
(b) there is a nearby secondary stock route that would be 29
suitable for the travelling stock. 30
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Chapter 2 State management functions
Part 2 Classification of stock routes
[s 45]
Example-- 1
The quality or quantity of water available on a primary stock route has 2
deteriorated so that the stock route is no longer suitable for the number 3
of travelling stock that would otherwise have been expected to use the 4
stock route. 5
(2) The chief executive may change the classification of the 6
secondary stock route to a primary B stock route. 7
(3) This section applies despite section 27. 8
45 Notifying classification change 9
(1) As soon as possible after making a decision under section 10
43(1) or 44(2), the chief executive must-- 11
(a) if a local government has made a submission under 12
section 40(2) or 41(2)--give the local government a 13
notice of the decision; and 14
(b) publish a notice summarising the reasons for the 15
decision-- 16
(i) on the department's website; and 17
(ii) for a classification change--in a newspaper 18
circulating generally in the local government area 19
where the stock route is situated; and 20
(c) if the classification change is because of a decision 21
under section 43(1)(a)(ii) or a decision under 22
43(1)(b)(ii) or (iii) as it affects the classification under 23
section 27, amend the stock route network map to 24
show-- 25
(i) the stock route, if it is not already shown on the 26
map; and 27
(ii) the classification of the stock route as changed. 28
(2) A threshold change takes effect when the threshold usage 29
number as changed is prescribed under a regulation. 30
(3) A classification change takes effect when the classification as 31
changed is shown on the stock route network map. 32
Page 47
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 46]
Part 3 Closed and conditional use 1
area declarations 2
Division 1 Preliminary 3
46 Definitions for pt 3 4
In this part-- 5
closed and conditional use areas register see section 51. 6
closed area declaration see section 48(1). 7
conditional use area declaration see section 50(1). 8
declared usage conditions see section 50(1). 9
relevant event means any of the following-- 10
(a) drought conditions; 11
(b) shortage of water, including, for example, because of 12
damage to a water facility; 13
(c) fire; 14
(d) flood; 15
(e) severe weather conditions, including, for example, a 16
cyclone; 17
(f) introduction or spread of a pest; 18
(g) damage to land or land degradation; 19
(h) driving or grazing stock; 20
(i) carrying out road works; 21
(j) constructing, augmenting, altering or maintaining public 22
utility plant. 23
review day, for a closed area declaration or conditional use 24
area declaration, means a day that is-- 25
(a) no later than 3 months after the declaration is made; or 26
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 47]
(b) if the declaration has been reviewed under section 58, no 1
later than 3 months after the last review. 2
Division 2 Making closed area declarations 3
47 Application of div 2 4
This division applies if the chief executive is satisfied-- 5
(a) a relevant event has happened on, or affected, or is likely 6
to affect, a part of the stock route network or public 7
(stock access) land (the relevant area) or the use of the 8
relevant area; and 9
(b) the relevant event has caused, or is likely to cause-- 10
(i) the quality or quantity of pasture or water in the 11
relevant area to decline to a level that is not capable 12
of sustaining stock; or 13
(ii) a loss of biodiversity or cultural heritage in or 14
relating to the relevant area; and 15
(c) it is necessary to prohibit driving and grazing of stock 16
and harvesting of pasture to conserve or improve-- 17
(i) the quality or quantity of the pasture or water; or 18
(ii) the biodiversity or cultural heritage. 19
48 Chief executive may declare relevant area closed 20
(1) The chief executive may declare (a closed area declaration) 21
the relevant area is closed. 22
(2) However, before making the declaration, the chief executive 23
must consult with any local government whose local 24
government area includes the relevant area or part of the 25
relevant area, other than a local government that has requested 26
the declaration. 27
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 49]
Division 3 Making conditional use area 1
declarations 2
49 Application of div 3 3
(1) This division applies if the chief executive is satisfied-- 4
(a) a relevant event has happened on, or affected, or is likely 5
to affect, a part of the stock route network or public 6
(stock access) land (also the relevant area) or the use of 7
the relevant area; and 8
(b) the relevant event has caused, or is likely to cause-- 9
(i) the quality or quantity of pasture or water in the 10
relevant area to decline to a level that is not capable 11
of sustaining the number of stock that, other than 12
for the declaration, might be expected to use the 13
area; or 14
(ii) a loss of biodiversity or cultural heritage in or 15
relating to the relevant area; and 16
(c) it is necessary to impose conditions on driving or 17
grazing stock or harvesting pasture to conserve or 18
improve-- 19
(i) the quality or quantity of the pasture or water; or 20
(ii) the biodiversity or cultural heritage. 21
(2) This division also applies if the chief executive is satisfied the 22
relevant area is being, or is expected to be, used for a lawful 23
purpose that is inconsistent with the use of the area for 24
travelling stock. 25
Example-- 26
The relevant area is to be lawfully used as a construction work campsite. 27
Page 50
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 50]
50 Chief executive may declare relevant area subject to 1
conditional use 2
(1) The chief executive may declare (a conditional use area 3
declaration) that the relevant area may be used for driving or 4
grazing stock or harvesting pasture only subject to stated 5
conditions (the declared usage conditions). 6
Example of a declared usage condition-- 7
if the relevant area is to be lawfully used as a construction work 8
campsite, that stock not travel through the campsite while it is being 9
used for the construction work 10
(2) The declared usage conditions may only be about the 11
following-- 12
(a) prohibiting use of the relevant area for-- 13
(i) driving stock under a slow travel permit; or 14
(ii) grazing stock under a grazing permit or grazing 15
authority; or 16
(iii) harvesting pasture; 17
(b) the number of stock allowed to be driven or grazed in 18
the relevant area; 19
(c) the quantity of pasture or water that must remain in the 20
relevant area; 21
(d) the period in which stock are allowed to be driven or 22
grazed in the relevant area. 23
(3) However, before making the declaration, the chief executive 24
must consult with any local government whose local 25
government area includes the relevant area or part of the 26
relevant area, other than a local government that has requested 27
the declaration. 28
Page 51
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 51]
Division 4 Publication and effect of 1
declarations 2
51 Register of closed areas and conditional use areas 3
The chief executive must keep a register (the closed and 4
conditional use areas register) of each relevant area for 5
which a closed area declaration or conditional use area 6
declaration has been made. 7
52 Required matter for register 8
The closed and conditional use areas register must state for 9
each relevant area-- 10
(a) a description by map or otherwise of the boundaries of 11
the area; and 12
(b) if the boundaries of the area are described by reference 13
to a map--where the map is available for inspection, 14
including, for example, the availability of the map on 15
the department's website; and 16
(c) whether a closed area declaration or conditional use area 17
declaration has been made for the area; and 18
(d) if a conditional use area declaration has been made for 19
the area--the declared usage conditions for driving or 20
grazing stock or harvesting pasture in the area; and 21
(e) either-- 22
(i) the day the closed area declaration or conditional 23
use area declaration is published in the register; or 24
(ii) if the declaration commences on a later day--the 25
day on which it commences; and 26
(f) either-- 27
(i) the day the closed area declaration or conditional 28
use area declaration ends; or 29
(ii) the review day. 30
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 53]
53 Access to register 1
The chief executive must ensure the closed and conditional 2
use areas register is available to-- 3
(a) the public, including, for example, by keeping it on the 4
department's website; and 5
(b) any local government whose local government area 6
includes a relevant area or part of a relevant area subject 7
to a declaration on the register. 8
54 When closed and conditional use area declarations take 9
effect 10
A closed area declaration or conditional use area declaration 11
takes effect from-- 12
(a) the day it is recorded in the closed and conditional use 13
areas register; or 14
(b) if it states that it commences on a later day--the later 15
day. 16
55 Effect of closed area declaration 17
Subject to section 57, if a closed area declaration is in force 18
for a relevant area-- 19
(a) stock must not be driven or grazed in the area; and 20
(b) pasture must not be harvested in the area; and 21
(c) a travel permit, grazing permit, grazing authority or 22
harvest permit can not be issued for the area. 23
Note-- 24
Under sections 290(2) and 291(1), it is also an offence to contravene a 25
closed area declaration. 26
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Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 56]
56 Effect of conditional use area declaration 1
(1) Subject to section 57, if a conditional use area declaration is in 2
force for a relevant area-- 3
(a) stock may be driven or grazed and pasture may be 4
harvested in the area only under the declared usage 5
conditions in the declaration; and 6
(b) a travel permit, grazing permit, grazing authority or 7
harvest permit can be issued for the area only if-- 8
(i) issuing the permit or authority would not 9
contravene a declared usage condition; and 10
(ii) no activity allowed under the permit or authority 11
would contravene a declared usage condition. 12
(2) Also, if a travel permit, grazing permit, grazing authority or 13
harvest permit is issued for the area, the declared usage 14
conditions apply to the use of the relevant area as conditions 15
of the permit or authority. 16
Note-- 17
Under sections 290(2) and 291(1), it is also an offence to contravene a 18
conditional use area declaration. 19
57 Existing permits and authorities not affected by 20
declarations 21
A closed area declaration or conditional use area declaration 22
does not affect any of the following permits or authorities that 23
have been issued before the declaration takes effect-- 24
(a) a travel permit or unfit stock permit, subject to sections 25
170(1)(a)(i) and (b), (2) and (3), 172(1)(d) and 173; 26
(b) a grazing permit or grazing authority, subject to sections 27
231(a)(i) and (b), 232, 242(e) and 243; 28
(c) a harvesting permit, subject to sections 286(1)(a)(i) and 29
(b), (2) and (3), 288(c) and 289. 30
Page 54
Stock Route Network Management Bill 2011
Chapter 2 State management functions
Part 3 Closed and conditional use area declarations
[s 58]
Division 5 Reviewing and ending declarations 1
58 Requirement to review 2
If a closed area declaration or conditional use area declaration 3
states a review day, the chief executive must review the 4
declaration by that day. 5
59 Consultation 6
In reviewing the declaration, the chief executive must consult 7
any local government whose local government area includes 8
the relevant area or part of the relevant area subject to the 9
declaration. 10
60 Decision on review 11
(1) As soon as practicable after the reviewing the declaration, the 12
chief executive must decide to do 1 of the following-- 13
(a) if the chief executive considers the declaration is still 14
required under section 48 or 50--continue it; 15
(b) if the chief executive considers the declaration is still 16
required under section 48 or 50 but will no longer be 17
required after a later day--end it on that day; 18
(c) if the chief executive considers the declaration is no 19
longer required under section 48 or 50--end it. 20
(2) If the chief executive decides to continue the declaration 21
under subsection (1)(a), the chief executive must ensure the 22
declaration register states the next review day for the 23
declaration. 24
(3) If the chief executive decides to end the declaration under 25
subsection (1)(b), the chief executive must ensure the 26
declaration register states the day the declaration ends. 27
Page 55
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 1 General provision about local government functions
[s 61]
61 End of declarations 1
(1) A closed area declaration or conditional use area declaration 2
ends-- 3
(a) on the day stated for the declaration in the closed and 4
conditional use areas register; or 5
(b) if the chief executive decides to end the declaration 6
under section 60(1)(c). 7
(2) If a closed area or conditional use area declaration ends under 8
subsection (1)(b), the chief executive must ensure the closed 9
and conditional use areas register states-- 10
(a) the declaration has ended; and 11
(b) the day it ended. 12
Chapter 3 Local government 13
management functions 14
Part 1 General provision about local 15
government functions 16
62 Functions and powers 17
(1) The functions of a local government for this Act are-- 18
(a) to manage its management area in accordance with-- 19
(i) this Act, generally; and 20
(ii) the principles of stock route network management; 21
and 22
(b) to control the driving and grazing of stock and 23
harvesting of pasture in its management area. 24
Page 56
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 2 Local management plans
[s 63]
(2) A local government has the powers necessary or convenient to 1
perform the local government's functions under this Act. 2
Note-- 3
The Local Government Act 2009, section 257 provides for delegating a 4
local government's powers under other Acts. 5
(3) To remove any doubt, it is declared that to the extent the 6
functions of a local government under this Act relate to a 7
State-controlled road, the functions and the powers necessary 8
or convenient to perform the functions are not limited by-- 9
(a) the Local Government Act 2009, section 60; or 10
(b) the Transport Infrastructure Act 1994, section 28. 11
Editor's note-- 12
· Local Government Act 2009, chapter 3, part 3, division 1 (Roads), 13
sections 59 (What this division is about) and 60 (Control of roads) 14
· Transport Infrastructure Act 1994, section 28 (Chief executive to 15
have power of a local government for State-controlled roads) 16
Part 2 Local management plans 17
Division 1 General provisions 18
63 When local government must or may have plan 19
(1) Each of the following local governments must prepare a 20
management plan (a local management plan) for managing 21
the part of the stock route network in its local government 22
area-- 23
(a) a local government mentioned in schedule 1; 24
(b) a local government prescribed under a regulation. 25
(2) Any other local government may also prepare a local 26
management plan. 27
Page 57
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 2 Local management plans
[s 64]
64 Requirements 1
A local management plan must be consistent with-- 2
(a) the principles of stock route network management; and 3
(b) the State management plan. 4
65 Required content 5
(1) A local management plan must-- 6
(a) include a map of the part of the stock route network in 7
the local government area; and 8
(b) identify any areas in the relevant part of the stock route 9
network that can be made available for slow travel or 10
grazing; and 11
(c) include strategies for the following-- 12
(i) managing the relevant part of the network 13
consistently with the recognition of the importance 14
of the relevant uses of the stock route network; 15
(ii) ensuring a continuous network is available for 16
travelling stock in the relevant part of the network, 17
including, for example, strategies for maintaining 18
and improving stock facilities and water facilities; 19
(iii) managing levels of pasture to provide sufficient 20
feed for travelling stock in the relevant part of the 21
network, including strategies for the following-- 22
(A) managing pasture during drought; 23
(B) managing excessive growth of pasture by 24
controlled burning or grazing or harvesting; 25
Example of a strategy-- 26
preventing stock from being driven or grazed in an area for 27
a period 28
(iv) maintaining or improving the natural condition of 29
the relevant part of the network; 30
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Chapter 3 Local government management functions
Part 2 Local management plans
[s 66]
Examples-- 1
· strategies for pest control or eradication 2
· strategies for control of land erosion, rehabilitating 3
degraded land and regenerating native vegetation or 4
pasture 5
(v) managing the number of stock using the relevant 6
part of the network having regard to the capacity of 7
different parts of the local government area; 8
(vi) managing any special management areas in the 9
relevant part of the network; 10
(vii) educating people about the stock route network 11
generally; 12
(viii) managing risk associated with the use of the 13
relevant part of the network. 14
(2) The strategy for managing risk must state the following-- 15
(a) the area to which it applies; 16
(b) its objectives; 17
(c) the actions that are necessary to achieve the objectives; 18
(d) the persons, whether by reference to named persons or 19
the persons' roles, responsible for taking each action; 20
(e) when each action must be taken; 21
(f) the criteria for monitoring the effectiveness of each 22
action in achieving the relevant objective. 23
66 Duration of plan 24
A local management plan has effect until-- 25
(a) the plan is renewed; or 26
(b) the end of the period, of no more than 10 years, stated in 27
it. 28
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Chapter 3 Local government management functions
Part 2 Local management plans
[s 67]
67 Implementing plan 1
A local government must, as far as practicable, implement its 2
local management plan. 3
68 Access to plan 4
(1) A local government must keep a copy of its local management 5
plan available for inspection, free of charge, by members of 6
the public at its public office. 7
(2) The plan may be made available in written or electronic form. 8
Division 2 Making of plans 9
69 Application of div 2 10
This division applies to a local government that must or that 11
wishes to prepare a local government plan. 12
70 Working group 13
(1) The local government must establish a working group to 14
advise it about preparing the plan. 15
(2) The local government must-- 16
(a) nominate 1 or more individuals as members of the 17
working group; and 18
(b) invite each of the following to nominate an individual as 19
a member of the working group-- 20
(i) the department; 21
(ii) the department in which the Stock Act 1915 is 22
administered; 23
(iii) the department in which the Nature Conservation 24
Act 1992 is administered; 25
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Chapter 3 Local government management functions
Part 2 Local management plans
[s 71]
(iv) the department responsible for managing 1
State-controlled roads; 2
(v) the department in which the Land Protection (Pest 3
Management) Act 2002 is administered; 4
(vi) an entity with an interest in Aboriginal cultural 5
heritage; 6
(vii) an entity with an interest in nature conservation. 7
(3) The working group consists of-- 8
(a) the members nominated under subsection (2)(a); and 9
(b) the members nominated by the entities mentioned in 10
subsection (2)(b) in response to the invitation. 11
71 Draft plan 12
In preparing a draft of the plan, the local government must 13
have regard to-- 14
(a) the State management plan; and 15
(b) the principles of stock route network management. 16
72 Notice of draft and consideration of public submissions 17
(1) The local government must give public notice when a draft of 18
the plan has been prepared. 19
(2) The notice must-- 20
(a) be published in a newspaper circulating generally in the 21
local government's area; and 22
(b) state the draft is available to be inspected, free of charge, 23
at the local government's public office; and 24
(c) invite the public to inspect the draft and make 25
submissions about it to the local government within 1 26
month after the notice is published (the submission 27
period); and 28
(d) state that any submission must be written. 29
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Chapter 3 Local government management functions
Part 2 Local management plans
[s 73]
(3) The local government must-- 1
(a) make the draft available for public inspection in written 2
form, free of charge, in the submission period; and 3
(b) consider any submissions properly made to it; and 4
(c) make changes to the draft it considers appropriate. 5
73 Minister to consider draft plan 6
(1) The local government must, after complying with section 72, 7
give a draft of its plan and copies of the submissions under 8
that section to the Minister-- 9
(a) within 2 months after the submission period ends; and 10
(b) at least 3 months before the local government's existing 11
local management plan, if any, ends. 12
(2) The Minister must consider whether the plan-- 13
(a) complies with division 1; and 14
(b) adequately provides for the management of the relevant 15
part of the stock route network. 16
(3) If the Minister is not satisfied of the matters mentioned in 17
subsection (2), the Minister must advise the local government 18
about how the draft may be amended. 19
(4) The draft so amended must be given to the Minister for further 20
consideration under subsection (3). 21
74 Making plan 22
If the Minister is satisfied of the matters mentioned in section 23
73(2), the Minister must advise the local government that it 24
may, by resolution, make the draft as the plan. 25
Page 62
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 2 Local management plans
[s 75]
Division 3 Amending and reviewing plan 1
75 Amendments 2
(1) A local government must amend its local management plan 3
if-- 4
(a) the State management plan is amended and the local 5
management plan is no longer consistent with the State 6
management plan; or 7
(b) a special management condition applying in its local 8
government area takes effect and it considers amending 9
the management plan is required because of the 10
condition. 11
(2) A local government may also amend its management plan as 12
its chief executive officer considers appropriate. 13
(3) Sections 71, 73 and 74 apply to an amended local 14
management plan as if the references in the sections to the 15
draft plan were references to the amended plan. 16
(4) In this section-- 17
amend includes re-make. 18
76 Reviews 19
(1) A local government must review its local management plan-- 20
(a) at least 3 months before the start of each second 21
financial year during which the plan is in force; and 22
(b) if the State management plan is amended--within 1 23
year after the amendment; and 24
(c) within 1 year after the State management plan is 25
renewed. 26
(2) However, the local government need not review the plan under 27
subsection (1) within 3 months of the last review of the plan. 28
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Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 77]
(3) A local government must also review its local management 1
plan if, while it is in force, a special management condition 2
applying in the local government area takes effect. 3
(4) A local government may review its local management plan as 4
its chief executive officer considers appropriate. 5
Part 3 Special management areas and 6
conditions 7
Division 1 Preliminary 8
77 Relationship with particular Acts 9
This part does not limit or otherwise affect the operation of-- 10
(a) the Aboriginal Cultural Heritage Act 2003; or 11
(b) the Queensland Heritage Act 1992; or 12
(c) the Torres Strait Islander Cultural Heritage Act 2003. 13
78 Definitions for pt 3 14
In this part-- 15
register means the register of special management areas 16
mentioned in section 84. 17
special management area see section 79. 18
special management area declaration means a declaration 19
made by-- 20
(a) a local government under section 80(2)(a) or a direction 21
of the Minister under section 81(2); or 22
(b) the Minister under section 81(5)(a). 23
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Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 79]
special management conditions, for a special management 1
area, means the conditions for the use of the area to maintain 2
its biodiversity and cultural heritage decided by-- 3
(a) a local government under section 80(2)(b) or a direction 4
of the Minister under section 81(2); or 5
(b) the Minister under section 81(3); or 6
(c) a person mentioned in section 82(2) under that 7
provision. 8
79 What is a special management area 9
Each of the following areas in the part of the stock route 10
network in a local government area is a special management 11
area-- 12
(a) an area declared by the local government as a special 13
management area under section 80(2)(a) or a direction 14
of the Minister under section 81(2); 15
(b) an area declared by the Minister as a special 16
management area under section 81(5)(a); 17
(c) a nature refuge; 18
(d) an area or place to which an entry in the Queensland 19
heritage register relates. 20
Division 2 Declaring the areas and deciding 21
the conditions 22
80 Local government may declare areas and decide 23
conditions 24
(1) This section applies if a local government considers an area in 25
the relevant part of the stock route network requires special 26
management to maintain its biodiversity or cultural heritage. 27
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Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 81]
Examples-- 1
· a local government becoming aware of the presence of threatened 2
or near threatened wildlife in the relevant part of the network 3
· a local government identifying an area of significance to local 4
Aborigines in the relevant part of the network that is mentioned on 5
its local government heritage register 6
(2) The local government may-- 7
(a) declare the area as a special management area; and 8
(b) if it makes the declaration--decide the special 9
management conditions for the area. 10
81 Minister may direct declaration and decide conditions 11
(1) This section applies if-- 12
(a) the Minister considers an area in the part of the stock 13
route network in a local government area requires 14
special management to maintain its biodiversity or 15
cultural heritage; and 16
(b) any of the following apply to the local government-- 17
(i) it has not declared the area as a special 18
management area; 19
(ii) it has not decided the special management 20
conditions for the area; 21
(iii) it has decided special management conditions for 22
the area that the Minister considers are not 23
adequate to maintain the area's biodiversity or 24
cultural heritage; and 25
(c) the Minister considers the local government has 26
unreasonably delayed in-- 27
(i) declaring the area as a special management area; or 28
(ii) deciding special management conditions or 29
adequate special management conditions for the 30
area. 31
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Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 82]
(2) If subsection (1)(b)(i) applies, the Minister must direct the 1
local government to declare the area as a special management 2
area under section 80(2)(a) and decide special management 3
conditions for the area under section 80(2)(b). 4
(3) If subsection (1)(b)(ii) or (iii) applies, the Minister must, after 5
consulting with the local government, decide the special 6
management conditions for the area. 7
(4) If the Minister decides a special management condition for the 8
area under subsection (3) that is inconsistent with a special 9
management condition decided by the local government for 10
the area under section 80(2)(b), the condition decided by the 11
Minister prevails to the extent of the inconsistency. 12
(5) Without limiting section 399 or 400, if the local government 13
does not comply with a direction under subsection (2), the 14
Minister may-- 15
(a) declare the area as a special management area; and 16
(b) arrange for the special management conditions relating 17
to the area to be published in the department's website. 18
82 Deciding conditions for nature refuges and Queensland 19
heritage-registered areas 20
(1) This section applies to the following special management 21
areas-- 22
(a) a nature refuge; 23
(b) an area or place to which an entry in the Queensland 24
heritage register relates. 25
(2) The following persons must, after consulting with the local 26
government for the special management area, decide the 27
special management conditions for the area-- 28
(a) for a nature refuge--the Minister administering the 29
Nature Conservation Act 1992; 30
(b) for an area or place to which an entry in the Queensland 31
heritage register relates--the chief executive of the 32
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Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 83]
department in which the Queensland Heritage Act 1992 1
is administered. 2
Division 3 The register of special management 3
areas 4
83 Definition for div 3 5
In this division-- 6
publicly available part, of the register, means the part of the 7
register containing the following-- 8
(a) the information mentioned in section 86(2)(a), as 9
subject to section 85(3); 10
(b) the information mentioned in section 86(2)(b), as 11
subject to section 85(4); 12
(c) the information mentioned in section 86(2)(c) to (e). 13
84 Duty to keep register 14
(1) The local government must keep a register of each special 15
management area in its local government area. 16
(2) The register may be kept in written or electronic form. 17
85 Access to the register 18
(1) A local government must keep the register open for 19
inspection, free of charge, by members of the public at the 20
local government's public office. 21
(2) Subsections (3) and (4) apply for a special management area 22
only if the local government declared it. 23
(3) If the local government considers describing the area in the 24
publicly available part of the register under section 86 may 25
pose a risk of adversely affecting the area, the area may be 26
described in that part in a way that minimises the risk. 27
Page 68
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 86]
Example-- 1
A local government declares a site of special cultural significance to 2
local Aborigines as a special management area. To avoid disclosing the 3
precise location of the site, the area is described generically in the 4
publicly available part of the register. 5
(4) If the local government considers stating significant aspects of 6
the area's biodiversity or cultural heritage in the publicly 7
available part of the register under section 86 may pose a risk 8
of adversely affecting the aspects, the aspects may be stated in 9
that part in a way that minimises the risk. 10
Example-- 11
A local government declares a site of special cultural significance to 12
local Aborigines as a special management area. To avoid disclosing the 13
precise nature of the use of the site, the relevant aspects of the area's 14
cultural heritage are stated generically in the publicly available part of 15
the register. 16
86 Registration and related obligations for declared areas 17
(1) This section applies if a local government declares a special 18
management area. 19
(2) The register must state the following information-- 20
(a) a description by map or otherwise of the boundaries of 21
the special management area; 22
(b) the significant aspects of the area's biodiversity or 23
cultural heritage for which the declaration has been 24
made; 25
(c) the strategies for managing the area to maintain its 26
biodiversity and cultural heritage; 27
(d) the special management conditions for the area; 28
(e) the day the information mentioned in paragraphs (a) to 29
(d) was recorded in the register. 30
(3) Also, the local government must-- 31
(a) as far as practicable, implement the stated management 32
strategies mentioned in subsection (2)(c); and 33
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Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 87]
(b) if it has a management plan, include the publicly 1
available part of the register in the management plan. 2
(4) Without limiting section 399 or 400, if the local government 3
does not comply with this section, the Minister may arrange 4
for a matter mentioned in subsection (2) to be published on 5
the department's website. 6
87 Registration of nature refuges and Queensland heritage 7
registered areas 8
(1) This section applies to the following special management 9
areas-- 10
(a) a nature refuge; 11
(b) an area or place to which an entry in the Queensland 12
heritage register relates. 13
(2) The register must state-- 14
(a) the location of the area; and 15
(b) the special management conditions for the area. 16
(3) For subsection (2)(a), the register may state the location of-- 17
(a) a nature refuge, by referring to the declaration of the 18
nature refuge in a regulation under the Nature 19
Conservation Act 1992; or 20
(b) an area or place to which an entry in the Queensland 21
heritage register relates, by referring to the entry. 22
(4) If the local government does comply with subsection (2), the 23
person who approved the special management conditions 24
under section 82(2) may arrange for a matter mentioned in 25
subsection (2) to be published in another document that is 26
publicly available. 27
Example-- 28
on a department's website 29
(5) Subsection (4) does not limit section 399 or 400. 30
Page 70
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 3 Special management areas and conditions
[s 88]
Division 4 Other provisions for special 1
management conditions 2
88 When condition takes effect 3
A special management condition takes effect from-- 4
(a) the day it is recorded in the register; or 5
(b) if it is published on the department's website under 6
section 81(5)(b)--the day it is published; or 7
(c) if it is published in a publicly available document under 8
section 87(4)--the day it is published. 9
89 Effect of condition 10
(1) If a special management condition is in force for a special 11
management area-- 12
(a) stock may be driven or grazed and pasture may be 13
harvested in the area only under the condition; and 14
(b) a travel permit, grazing permit, grazing authority or 15
harvest permit can be issued for the area only if-- 16
(i) issuing the permit or authority would not 17
contravene the condition; and 18
(ii) no activity allowed under the permit or authority 19
would contravene the condition. 20
(2) Also, if a travel permit, grazing permit, grazing authority or 21
harvesting permit is issued for a permit area or authority area 22
that includes a special management area, each special 23
management condition for the special management area 24
applies as a condition of the permit or authority. 25
Note-- 26
Under section 290(3) it is also an offence to allow stock to be driven or 27
grazed in contravention of a special management condition and, under 28
section 291(1), it is an offence to harvest pasture in contravention of a 29
special management condition. 30
Page 71
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Chapter 3 Local government management functions
Part 4 Fencing
[s 90]
(3) Despite subsections (1) and (2), a special management area 1
condition does not affect any of the following permits or 2
authorities that have been issued before the condition took 3
effect-- 4
(a) a travel permit or unfit stock permit, subject to sections 5
170(1)(a)(i) and (b), (2) and (3), 172(1)(d) and 173; 6
(b) a grazing permit or grazing authority subject to sections 7
231(a)(ii), 232, 242(e) and 243; 8
(c) a harvesting permit subject to sections 286(1)(a)(i) and 9
(b), (2) and (3), 288(c) and 289. 10
Part 4 Fencing 11
Division 1 Preliminary 12
90 Application of pt 4 13
(1) This part applies to erecting or maintaining a fence on the 14
boundary of a part of the stock route network, or public (stock 15
access) land and adjoining land. 16
(2) However, this part does not apply to adjoining land that is-- 17
(a) unallocated State land; or 18
(b) a reserve under the Land Act for which there is no 19
trustee; or 20
(c) a national park, national park (Aboriginal land), national 21
park (recovery), national park (scientific), national park 22
(Torres Strait Islander land) or resources reserve under 23
the Nature Conservation Act 1992; or 24
(d) a conservation park under the Nature Conservation Act 25
1992, that, under that Act, is not placed under the 26
management of trustees; or 27
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Chapter 3 Local government management functions
Part 4 Fencing
[s 91]
(e) a State forest or timber reserve under the Forestry Act 1
1959; or 2
(f) a State-controlled road. 3
Division 2 Erecting stock-proof fences 4
91 Fencing notice 5
(1) This section applies if a local government considers-- 6
(a) a part of the stock route network in its local government 7
area (the at-risk area) needs to be protected or 8
improved; and 9
(b) to protect or improve the at-risk area, it is necessary to 10
erect a stock-proof fence on the boundary or part of the 11
boundary of the at-risk area and the adjoining land. 12
(2) The local government may give the owner of the adjoining 13
land a notice (a fencing notice) requiring the owner to erect a 14
stock-proof fence on the boundary or the part of the boundary. 15
(3) The fencing notice must-- 16
(a) describe the area to be fenced; and 17
(b) state the reasonable period in which the landowner must 18
erect the fence; and 19
(c) be accompanied by or include an information notice 20
about the local government's decision to give the notice. 21
92 Offence to contravene fencing notice 22
A landowner to whom a fencing notice has been given must 23
comply with the notice unless the landowner has a reasonable 24
excuse. 25
Maximum penalty--400 penalty units. 26
Page 73
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 5 Mustering stock
[s 93]
Division 3 Maintaining stock-proof fences 1
93 Obligation of owner of adjoining land to maintain 2
boundary fence 3
(1) This section applies to the owner of adjoining land if there is a 4
fence (a boundary fence) on or adjacent to the boundary or 5
part of the boundary of the adjoining land and a part of the 6
stock route network. 7
(2) The owner must maintain the fence in a stock-proof condition 8
unless the owner has a reasonable excuse. 9
Maximum penalty--400 penalty units. 10
Note-- 11
See also sections 329 (Entry to remedy noncompliance with fencing 12
obligations) and 379 (Amounts payable by owner of adjoining land). 13
Part 5 Mustering stock 14
94 Application of pt 5 15
This part applies if an authorised person reasonably believes it 16
is necessary to muster stock on land in a local government's 17
management area-- 18
(a) because of a risk to public safety; or 19
(b) to monitor compliance with-- 20
(i) a travel permit; or 21
(ii) a grazing permit or grazing authority; or 22
(iii) section 152. 23
Page 74
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 5 Mustering stock
[s 95]
95 Mustering notice 1
(1) The local government may give the person in charge of the 2
stock a notice (a mustering notice) requiring the person to 3
muster the stock on the land. 4
(2) The notice must-- 5
(a) be in the approved form; and 6
(b) state-- 7
(i) the purpose for which the notice has been issued; 8
and 9
(ii) the reasonable period in which the person in charge 10
must muster the stock; and 11
(iii) where the stock must be mustered; and 12
(c) unless the notice is given under section 94(a), be 13
accompanied by or include an information notice about 14
the decision to give the notice. 15
(3) If the person in charge of the stock is not the owner of the 16
stock, the local government may also give a copy of the 17
mustering notice to the owner of the stock. 18
(4) In this section-- 19
reasonable period means a period of-- 20
(a) at least 24 hours; or 21
(b) an appropriate shorter period if the mustering notice is 22
given under section 94(a). 23
96 Offence to contravene mustering notice 24
A person to whom a mustering notice has been given must 25
comply with the notice unless the person has a reasonable 26
excuse. 27
Maximum penalty--100 penalty units. 28
Page 75
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 6 Pasture management
[s 97]
Note-- 1
See also sections 330 (Entry to remedy noncompliance with mustering 2
obligations) and 381 (Amounts payable by owner of stock). 3
Part 6 Pasture management 4
Division 1 Local government's role 5
97 Obligation to manage and conserve pasture 6
(1) A local government must manage and conserve pasture in its 7
management area to ensure, as far as practicable, an adequate 8
supply of pasture for travelling stock. 9
(2) If a local government does not have, and is not required to 10
have, a local management plan, the local government must 11
manage and conserve the pasture in its management area 12
consistently with the State management plan. 13
Division 2 Reducing stock numbers 14
98 Application of div 2 15
This division applies if-- 16
(a) part of a local government's management area (the 17
affected area) adjoins freehold or leasehold land (the 18
adjoining land); and 19
(b) the boundary of the affected area and adjoining land is 20
not fully enclosed; and 21
(c) the adjoining land is enclosed; and 22
(d) stock on the adjoining land can move into the affected 23
area; and 24
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Chapter 3 Local government management functions
Part 6 Pasture management
[s 99]
(e) an authorised person reasonably believes that, because 1
of the number of stock that has moved, or can move, 2
from the adjoining land to the affected area, an adequate 3
supply of pasture is not, or is not likely to be, available 4
for the number of stock that are travelling, or are 5
expected to travel, on the stock route network or public 6
(stock access) land. 7
99 Power to give notice to reduce stock numbers 8
(1) An authorised person may, by notice (a stock reduction 9
notice) to the owner of the adjoining land, require the owner 10
to reduce the number of stock on the adjoining land. 11
(2) The notice must-- 12
(a) state the reasonable number to which the stock are to be 13
reduced and the reasonable period in which the 14
reduction must be made; and 15
(b) be accompanied by or include an information notice for 16
the decision to give the notice. 17
100 Offence to contravene stock reduction notice 18
(1) A landowner to whom a stock reduction notice has been given 19
must comply with the notice unless the landowner has a 20
reasonable excuse. 21
Maximum penalty--400 penalty units. 22
(2) This section does not limit the local government's powers 23
under section 91. 24
Division 3 Pasture burning and harvesting 25
restrictions 26
101 Restrictions 27
(1) This section applies to a local government for-- 28
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Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 6 Pasture management
[s 101]
(a) burning pasture on land in the part of the stock route 1
network in its local government area; or 2
(b) harvesting pasture on land in its management area. 3
(2) The local government may burn or harvest the pasture only 4
if-- 5
(a) the land is not subject to-- 6
(i) a lease or permit under the Land Act; or 7
(ii) a permit or grazing authority issued under this Act; 8
and 9
(b) the proposed burning or harvesting of the pasture is not 10
likely to-- 11
(i) cause, or significantly increase the extent of, land 12
degradation; or 13
(ii) present an unreasonable risk to the safety of road 14
users; or 15
(iii) contravene a conditional use declaration; or 16
(iv) adversely affect a special management area; or 17
(v) cause undue loss or damage to biodiversity or 18
cultural heritage; and 19
(c) the pasture is likely to regenerate within 1 year after the 20
burning or harvesting to a level that it is adequate for 21
travelling stock; and 22
(d) if the land is a State-controlled road, the burning or 23
harvesting is approved, with or without conditions, by 24
the road transport chief executive. 25
(3) However, a condition of an approval mentioned in subsection 26
(2)(d) may only be about road-related matters. 27
(4) Also, the local government may harvest the pasture only if the 28
chief executive-- 29
(a) has assessed the risk of fire affecting the land; and 30
(b) having regard to the risk-- 31
Page 78
Stock Route Network Management Bill 2011
Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 102]
(i) considers the land should be used for harvesting in 1
preference to driving or grazing stock; and 2
(ii) has approved the use of the land for harvesting. 3
(5) This section is subject to the Fire and Rescue Service Act 4
1990. 5
Part 7 Stock facilities and water 6
facility agreements 7
Division 1 Supplying and maintaining stock 8
facilities 9
102 Supply of particular stock facilities on primary stock 10
routes 11
(1) The Minister may give a local government a notice requiring 12
it to supply a stock facility on a primary stock route or 13
primary reserve in its local government area. 14
(2) A local government given a notice under subsection (1) must 15
supply the stock facility on the stock route or primary reserve. 16
103 Maintenance of stock facilities on or for stock route 17
network 18
(1) A local government must ensure the following is maintained 19
(the maintenance obligation) in good working order-- 20
(a) each stock facility on a primary stock route or primary 21
reserve in its local government area; 22
(b) each stock facility supplied by the State or the local 23
government for the benefit of persons using a primary 24
stock route or primary reserve in its local government 25
area. 26
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Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 104]
(2) A local government may ensure the following is maintained 1
(the maintenance power) in good working order-- 2
(a) each stock facility on a secondary stock route or 3
secondary reserve in its local government area; 4
(b) each stock facility supplied by the State or the local 5
government for the benefit of persons using a secondary 6
stock route or secondary reserve in its local government 7
area. 8
(3) For complying with the maintenance obligation or exercising 9
the maintenance power, a local government may take any of 10
the following actions or a combination of the actions-- 11
(a) engage another person to carry out the maintenance; 12
(b) enter into a water facility agreement under which 13
another person must maintain the facility and monitor 14
and enforce maintenance of the facility under a water 15
facility agreement; 16
(c) impose a condition on a grazing permit or grazing 17
authority requiring the permit or authority holder to 18
maintain a water facility and monitor and enforce 19
maintenance of the facility under the permit or authority. 20
(4) To remove any doubt, it is declared that a local government 21
taking action under subsection (3) does not, of itself, mean the 22
maintenance obligation is complied with. 23
Division 2 Water facility agreements 24
104 Application of div 2 25
This division applies to-- 26
(a) a water facility (a public water facility) supplied by the 27
State or a local government-- 28
(i) on the stock route network; or 29
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Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 105]
(ii) on other land for the benefit of persons using the 1
stock route network; or 2
(b) a water facility (a private water facility) that-- 3
(i) is owned by a person other than the State or a local 4
government; and 5
(ii) is on private land; and 6
(iii) can be used by persons using the stock route 7
network. 8
105 Entering water facility agreement 9
(1) Each of the following persons may enter into an agreement (a 10
water facility agreement) about a matter mentioned in 11
subsection (2)-- 12
(a) the chief executive; 13
(b) a local government; 14
(c) any 1 or more of the following-- 15
(i) a person who owns private land from which water 16
is, or is to be, supplied to the stock route network; 17
(ii) a person who owns private land to which water is, 18
or is to be, supplied from the stock route network; 19
(iii) a grazing authority holder. 20
(2) The matters are as follows-- 21
(a) supplying water from a public water facility under the 22
local government's control-- 23
(i) to the private land; or 24
(ii) for the use of the grazing authority holder under 25
the grazing authority; 26
(b) supplying water from a private water facility owned by 27
the landowner to the stock route network; 28
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Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 106]
(c) using a private water facility owned by the landowner to 1
water stock using the stock route network; 2
(d) constructing a public water facility on the private land; 3
(e) maintaining a water facility mentioned in paragraphs (a) 4
to (d). 5
106 Contents of agreement 6
(1) A water facility agreement must-- 7
(a) be in the approved form; and 8
(b) state the following-- 9
(i) who owns or controls the water facility to which 10
the agreement relates and, if relevant, any 11
component part of the facility; 12
(ii) who is responsible for maintenance of the facility 13
or component part; 14
(iii) the requirements for supplying water from the 15
facility; 16
(iv) the maintenance required for the facility; 17
(v) any fee payable or other consideration for 18
supplying water from or maintaining the facility; 19
(vi) the term of the agreement; and 20
(c) provide for-- 21
(i) access to the owner's land, if relevant, for 22
supplying water to stock or constructing, 23
maintaining or inspecting the water facility; and 24
(ii) termination by a party to the agreement giving the 25
other parties a stated period of notice of 26
termination. 27
(2) The term of the water facility agreement can not be more 28
than-- 29
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Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 107]
(a) for an agreement to which a grazing authority holder is a 1
party--the authority period; or 2
(b) otherwise--30 years. 3
107 End of agreement 4
Without limiting the provision in a water facility agreement 5
for terminating the agreement, a water facility agreement 6
ends-- 7
(a) at the end of the term of the agreement; or 8
(b) if any of the following happens-- 9
(i) the agreement is validly terminated by a party; 10
(ii) for an agreement about supplying water from a 11
private water facility--the land on which the 12
facility is situated is sold; 13
(iii) for an agreement about supplying water to 14
privately owned land--the land is sold; 15
(iv) for an agreement about supplying water from or to 16
a stock route or reserve for travelling stock 17
adjoining a stock route--the classification of the 18
stock route is changed. 19
108 Register of agreements 20
(1) A local government must keep a register of water facility 21
agreements entered into by it. 22
(2) The register must state the following particulars for each 23
agreement-- 24
(a) the landowner's name and address; 25
(b) whether the landowner is supplying or receiving water 26
under the agreement; 27
(c) a description and the location of the water facility to 28
which the agreement relates; 29
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Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 109]
(d) a description of the land to and from which the water is 1
supplied under the agreement; 2
(e) who is responsible for the control and maintenance of 3
the water facility under the agreement; 4
(f) the amount of any minimum guaranteed water supply 5
under the agreement; 6
(g) any fee payable under the agreement; 7
(h) other information prescribed under a regulation. 8
(3) A person may-- 9
(a) on payment of the fee prescribed under a regulation, 10
inspect the register at the local government's public 11
office when the office is open to the public; and 12
(b) on payment of the fee that is reasonable but not more 13
than the actual cost, take extracts from, or obtain a copy 14
of details in, the register. 15
109 Registration of particular agreements 16
(1) This section applies to a water facility agreement to construct 17
a water facility on private land if all or part of the construction 18
is paid by the State. 19
(2) As soon as practicable after the agreement is entered, the chief 20
executive must give the land registrar notice of the agreement. 21
(3) The land registrar must keep records showing that the land 22
stated in the notice is the subject of a water facility agreement. 23
(4) The land registrar must keep the records in a way that allows a 24
search of the register kept by the registrar under any Act 25
relating to title to the land to show the existence of the 26
agreement. 27
(5) As soon as practicable after the agreement is terminated, the 28
chief executive must give the land registrar notice of the 29
termination. 30
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Chapter 3 Local government management functions
Part 7 Stock facilities and water facility agreements
[s 110]
(6) As soon as practicable after receiving a notice under 1
subsection (5), the land registrar must remove the particulars 2
of the agreement from the registrar's records. 3
(7) While the agreement is in force, the landowner's obligations 4
under the agreement attach to the land and bind the owner and 5
the owner's successors in title to the land. 6
(8) In this section-- 7
land registrar means-- 8
(a) for freehold land--the registrar of titles; and 9
(b) for land registered in the land registry under the Land 10
Act--the chief executive of the department in which that 11
Act is administered. 12
Division 3 Removal of particular stock 13
facilities 14
110 Removal of stock facilities from secondary stock routes 15
(1) This section applies to a stock facility that-- 16
(a) is on a secondary stock route or a secondary reserve in a 17
local government area; or 18
(b) has been supplied for the benefit of persons using a 19
secondary stock route or a secondary reserve in a local 20
government area. 21
(2) The chief executive may give the local government a written 22
approval to do 1 or more of the following-- 23
(a) relocate the stock facility to a primary stock route or 24
primary reserve in its local government area; 25
(b) remove the stock facility and use parts of the facility to 26
maintain other stock facilities in its local government 27
area; 28
(c) sell the stock facility or parts of the facility. 29
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Chapter 3 Local government management functions
Part 8 Removing stock from management areas
[s 111]
(3) The local government may relocate, remove or sell the stock 1
facility or parts only under the approval. 2
(4) Also, if the local government sells the stock facility or parts, it 3
must-- 4
(a) ensure they are removed from the stock route network; 5
and 6
(b) consult with persons whom the local government 7
considers are likely to be adversely affected by the sale 8
or the removal; and 9
(c) ensure the proceeds of the sale, after deducting 10
reasonable costs of the sale, are paid to the chief 11
executive. 12
Part 8 Removing stock from 13
management areas 14
Division 1 Identifying owner of stray or 15
abandoned stock 16
111 Enquiries to identify stock owner 17
(1) This section applies if-- 18
(a) stock are on land in a local government's management 19
area; and 20
(b) an authorised person reasonably believes the stock have 21
strayed onto or been abandoned on the land. 22
(2) The local government must make reasonable enquiries to 23
identify the owner of the stock. 24
(3) This section is subject to section 118. 25
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Chapter 3 Local government management functions
Part 8 Removing stock from management areas
[s 112]
Division 2 Removal of stock not authorised to 1
be in management area 2
112 Notice to owner to remove stock 3
(1) This section applies if-- 4
(a) stock are on land in a local government's management 5
area; and 6
(b) either-- 7
(i) an authorised person reasonably believes the stock 8
have strayed onto or been abandoned on the land; 9
or 10
(ii) the stock are not authorised to be on the land under 11
section 119 or a travel permit, grazing permit or 12
grazing authority; and 13
Example-- 14
a person in charge of the stock allowing the stock to graze 15
in the management area without obtaining a grazing 16
permit or grazing authority 17
(c) the owner of the stock is known to the local government. 18
(2) However, this section does not apply if the stock were 19
authorised to be on the land under a travel permit, grazing 20
permit or grazing authority immediately before the permit or 21
authority was cancelled. 22
Note-- 23
For requirements to remove stock when a travel permit, grazing permit 24
or grazing authority is cancelled, see section 173 or 243. 25
(3) The local government may give the owner of the stock a 26
notice (a removal notice) stating-- 27
(a) the owner must remove the stock from the land within a 28
stated period (the removal period) of at least 3 days after 29
the notice is given; and 30
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Chapter 3 Local government management functions
Part 8 Removing stock from management areas
[s 113]
(b) if the stock are not removed from the land in the removal 1
period, an authorised person may seize the stock. 2
(4) The removal notice may also state-- 3
(a) the owner must muster the stock before the stock are 4
removed; and 5
(b) having regard to the removal period, the reasonable 6
period in which the stock must be mustered for removal; 7
and 8
(c) where the stock must be mustered for removal. 9
Division 3 Seizure of stock not authorised to 10
be in management area 11
113 Authorised person may seize stock 12
(1) This section applies if-- 13
(a) a local government has made enquiries about stock 14
under section 111 and the owner of the stock is still not 15
known to the local government; or 16
(b) a removal notice has been given to the owner of stock 17
and the stock have not been removed from the land in 18
the removal period. 19
(2) This section also applies if-- 20
(a) stock were on land in a local government's management 21
area under a travel permit, grazing permit or grazing 22
authority; and 23
(b) the holder of the permit or authority has been given a 24
cancellation notice under section 173 or 243; and 25
(c) the stock have not been removed from the land in the 26
period stated in the cancellation notice. 27
(3) An authorised person may seize the stock. 28
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Chapter 3 Local government management functions
Part 8 Removing stock from management areas
[s 114]
114 Seizure notice 1
(1) If stock are seized under section 113, the authorised person 2
must give notice of the seizure (the seizure notice)-- 3
(a) to the owner of the stock, if the owner is known to the 4
local government; or 5
(b) otherwise, cause the seizure notice to be published in a 6
newspaper circulating generally in the area in which the 7
stock were seized. 8
(2) The seizure notice must state that the stock-- 9
(a) must be claimed within 3 days after the notice is given 10
(the redemption period); and 11
(b) may be sold or disposed of, if not claimed within the 12
redemption period. 13
115 Releasing seized stock 14
(1) This section applies if, in the redemption period, a person (the 15
claimant) claims stock that have been seized. 16
(2) The authorised person must release the stock to the claimant 17
if-- 18
(a) the authorised person is satisfied the claimant is the 19
owner, or entitled to possession, of the stock; and 20
(b) the claimant pays the reasonable costs for the following, 21
if required by the local government-- 22
(i) giving the removal notice, if relevant; 23
(ii) seizing, removing and holding the stock; 24
(iii) giving the seizure notice. 25
116 Dealing with seized stock 26
(1) This section applies if-- 27
(a) the owner or person entitled to possession of stock does 28
not claim them in the redemption period; or 29
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Chapter 3 Local government management functions
Part 8 Removing stock from management areas
[s 117]
(b) the costs under section 115(2)(b) are not paid. 1
(2) If the authorised person reasonably believes the stock have a 2
market value of at least the threshold amount, the authorised 3
person must sell the stock by public auction or tender. 4
(3) If the authorised person reasonably believes the stock have a 5
market value of less than the threshold amount, the authorised 6
person may dispose of the stock in a way the person considers 7
appropriate. 8
(4) Compensation is not payable for a sale or disposal under this 9
section. 10
(5) In this section-- 11
threshold amount means-- 12
(a) $1000 for each head of stock; or 13
(b) a higher amount prescribed under a regulation. 14
117 Application of proceeds of sale 15
If stock are sold under section 116, the proceeds of the sale 16
must be applied in the following order-- 17
(a) in payment of the reasonable expenses incurred in the 18
sale; 19
(b) in payment of the reasonable costs of-- 20
(i) giving the removal notice, if relevant; and 21
(ii) seizing, removing and holding the stock; and 22
(iii) giving the seizure notice; 23
(c) in payment of any balance to the owner of the stock. 24
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Chapter 3 Local government management functions
Part 8 Removing stock from management areas
[s 118]
Division 4 Destruction of stock 1
118 Destroying strayed or abandoned stock 2
(1) This section applies if an authorised person reasonably 3
believes-- 4
(a) stock have strayed into land in a local government's 5
management area or have been abandoned on the land; 6
and 7
(b) it is not practicable to arrange for the owner of the stock 8
to remove them; and 9
Examples-- 10
1 The owner of the stock is not known to the local 11
government. 12
2 The owner of the stock can not be urgently located or 13
contacted. 14
(c) it is not practicable to seize the stock under division 3; 15
and 16
(d) it is necessary to destroy the stock in the interests of 17
public safety. 18
Example for paragraphs (c) and (d)-- 19
The stock are unmanageable and pose a risk to the safety of 20
members of the public. 21
(2) The authorised person may destroy the stock in the way the 22
authorised person considers appropriate. 23
(3) Compensation is not payable for stock destroyed under this 24
section. 25
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Chapter 4 Driving stock
Part 1 Stock movements not requiring permit
[s 119]
Chapter 4 Driving stock 1
Part 1 Stock movements not requiring 2
permit 3
119 Stock movements not requiring a travel permit 4
(1) A person may drive stock in a local government's 5
management area without a travel permit if the person-- 6
(a) gives the local government written or oral notice about 7
driving the stock before the stock are driven; and 8
(b) drives the stock-- 9
(i) for not more than 1 day; and 10
(ii) in daylight hours; and 11
(iii) for animal husbandry or property management; 12
and 13
(iv) between parcels of land having common 14
ownership or worked as a single unit; and 15
(c) displays appropriate signage to warn members of the 16
public about the presence of the stock while the stock 17
are travelling. 18
(2) This section does not apply to driving stock on a 19
State-controlled road. 20
Note-- 21
Under the Transport Infrastructure Act 1994, schedule 6, ancillary 22
works and encroachments includes moving stock other than under a 23
travel permit or unfit stock (travel) permit. Chapter 6, part 5, division 2, 24
subdivision 1 of that Act relevantly provides for ancillary works and 25
encroachments on State-controlled roads. 26
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Chapter 4 Driving stock
Part 2 Permits for driving stock
[s 120]
Part 2 Permits for driving stock 1
120 Types of permits 2
The types of permits for driving stock that can be issued under 3
this Act are as follows-- 4
(a) standard travel permits; 5
(b) slow travel permits; 6
(c) unfit stock (travel) permits under part 4. 7
121 What does a permit authorise 8
A permit for driving stock authorises the holder of the permit 9
to do the following under the conditions of the permit-- 10
(a) drive stock on a designated route on the stock route 11
network or public (stock access) land; 12
(b) use stock facilities that are on the route or have been 13
provided for the use of travelling stock on the route. 14
Part 3 Travel permits 15
Division 1 Preliminary 16
122 Definitions for pt 3 17
In this part-- 18
consecutive permit application see section 123(4). 19
consecutive travel permit see section 123(2)(b). 20
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Chapter 4 Driving stock
Part 3 Travel permits
[s 123]
first consecutive permit, for a multi-area movement, means 1
the consecutive travel permit for the management area where 2
the permitted stock are to start the multi-area movement. 3
multi-area movement see section 123(2)(b). 4
participating local government see section 125. 5
permitted stock see section 141(1)(c). 6
proposed period-- 7
(a) for an application for a standard travel permit--see 8
section 124(d); or 9
(b) for an application for a slow travel permit--see section 10
127(d). 11
proposed route-- 12
(a) for a standard travel permit--see section 124(c); or 13
(b) for a slow travel permit--see section 127(c). 14
responding local government -- 15
(a) for a standard travel permit--see section 123(3) or (4); 16
or 17
(b) for a slow travel permit--see section 126(1). 18
single area permit see section 123(2)(a). 19
single area permit application see section 123(3). 20
Division 2 Application for standard travel 21
permit 22
123 Who may apply and permit types 23
(1) A person who owns stock or is authorised by the owner of 24
stock may apply for a standard travel permit to drive the stock 25
on land in a local government's management area. 26
(2) The applicant may apply for-- 27
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Chapter 4 Driving stock
Part 3 Travel permits
[s 124]
(a) a standard travel permit to drive the stock in 1 1
management area (a single area permit); or 2
(b) 2 or more standard travel permits (each a consecutive 3
travel permit) to drive the stock in 2 or more adjacent 4
management areas in consecutive periods (a multi-area 5
movement). 6
(3) An application (a single area permit application) for a single 7
area permit must be made to the local government (the 8
responding local government) for the management area to 9
which the application relates. 10
(4) Applications to local governments for consecutive travel 11
permits for a multi-area movement may be made as a single 12
application (a consecutive permit application) to the local 13
government (also the responding local government) for the 14
management area where the stock are to start the multi-area 15
movement. 16
124 Requirements for application 17
An application for a standard travel permit must-- 18
(a) be in the approved form; and 19
(b) state the number and description of the stock to travel 20
under the permit; and 21
(c) show the route (the proposed route) on which the stock 22
are to travel under the permit; and 23
(d) state the period (the proposed period) in which the stock 24
are to travel under the permit; and 25
(e) if it is a single area permit application--be made at least 26
5 business days, but no more than 3 months, before the 27
proposed period; and 28
(f) if it is a consecutive permit application--be made at 29
least 10 business days, but no more than 3 months, 30
before the proposed period for the first consecutive 31
permit; and 32
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Chapter 4 Driving stock
Part 3 Travel permits
[s 125]
(g) be accompanied by the fee prescribed under a 1
regulation. 2
125 Responding local government's obligation 3
The responding local government for a consecutive permit 4
application must give a copy of the application to each local 5
government (a participating local government) for the other 6
management areas to which the application relates. 7
Division 3 Application for slow travel permit 8
126 Who may apply 9
(1) A person who owns stock or is authorised by the owner of 10
stock may apply to a local government (the responding local 11
government) for a slow travel permit to drive the stock on the 12
land in the local government's management area. 13
(2) However, an application for a slow travel permit may be made 14
for travel in only 1 local government area. 15
127 Requirements for application 16
An application for a slow travel permit must-- 17
(a) be in the approved form; and 18
(b) state the number and description of the stock to travel 19
under the permit; and 20
(c) show the route (the proposed route) on which the stock 21
are to travel under the permit; and 22
(d) state the period (the proposed period) in which the stock 23
are to travel under the permit; and 24
(e) be made at least 5 business days before the proposed 25
period; and 26
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Chapter 4 Driving stock
Part 3 Travel permits
[s 128]
(f) be accompanied by the fee prescribed under a 1
regulation. 2
Division 4 Amending applications 3
128 Applicant may amend application 4
(1) The applicant may amend an application for a travel permit 5
if-- 6
(a) the applicant gives the responding local government 7
notice of the amendment-- 8
(i) in the approved form; and 9
(ii) within 3 business days after the application was 10
made; and 11
(b) the amendment relates only to-- 12
(i) deferring the start of travel under the permit by no 13
more than 7 days; or 14
(ii) increasing the number of stock for which the 15
permit is sought by no more than 20 head; or 16
(iii) increasing the permit period by no more than 3 17
days; or 18
(iv) a change in the proposed route that results in the 19
proposed route being no more than 30km longer 20
within a management area than the route originally 21
proposed. 22
(2) If the application is a consecutive permit application the 23
responding local government must give a copy of the notice 24
to-- 25
(a) for an amendment to which subsection (1)(b)(i) to (iii) 26
applies--each participating local government for the 27
application; or 28
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Chapter 4 Driving stock
Part 3 Travel permits
[s 129]
(b) for an amendment to which subsection (1)(b)(iv) 1
applies--the participating local government for the 2
management area to which the amendment relates. 3
Division 5 Dealing with applications 4
Subdivision 1 Preliminary 5
129 Application of div 5 6
(1) Generally, this division applies to-- 7
(a) the responding local government for dealing with a 8
single area permit application or an application for a 9
slow travel permit; and 10
(b) the responding local government and each participating 11
local government for dealing with a consecutive permit 12
application for its management area. 13
(2) However, provisions of this division also apply to a 14
responding local government for a consecutive permit 15
application for giving the applicant notices received from 16
participating local governments for the application. 17
Subdivision 2 Additional information 18
130 Additional information for application 19
(1) The local government may, by notice, ask the applicant to 20
give the local government further reasonable information or 21
documents about the application in the following period (the 22
information period)-- 23
(a) the period of at least 2 business days stated in the notice; 24
(b) any longer period agreed between the local government 25
and the applicant. 26
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Chapter 4 Driving stock
Part 3 Travel permits
[s 131]
(2) The local government may refuse the application if the 1
applicant does not give the local government the information 2
or documents in the information period, without reasonable 3
excuse. 4
Subdivision 3 Deciding applications 5
131 Deciding application 6
(1) The local government must consider the application and 7
decide to-- 8
(a) grant it; or 9
(b) grant it and impose conditions on the permit, as well as 10
the mandatory conditions; or 11
(c) refuse it. 12
(2) The conditions may include the following-- 13
(a) a condition requiring the applicant to drive the stock on 14
a route (the alternative route) other than the proposed 15
route; 16
(b) a condition about the number of persons required to 17
supervise the stock travelling under the permit; 18
(c) a condition allowing a person other than the applicant to 19
use a part of the permit route for an alternative use, if the 20
condition-- 21
(i) is necessary to allow the use; and 22
(ii) does not unduly interfere with the travel of the 23
stock under the permit. 24
Example-- 25
A part of the permit route under a standard travel permit is 26
required for road works. A condition may be imposed that the 27
permit holder must notify and arrange with the person in charge 28
of the road works for the safe travel of the stock in the vicinity of 29
the road works. 30
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Chapter 4 Driving stock
Part 3 Travel permits
[s 132]
(3) However, the local government may impose a condition under 1
subsection (2)(a), only if the local government-- 2
(a) would otherwise have refused to grant the application 3
under this subdivision for the proposed route; and 4
(b) is satisfied of the matters under this subdivision relating 5
to the alternative route. 6
132 Criteria for deciding all applications 7
(1) The local government may grant the application only if 8
satisfied of each the following-- 9
(a) if an application (the other application) for a standard 10
travel permit has already been made for the proposed 11
route or part of the route in the proposed period--the 12
other application has been decided; 13
(b) that in the month immediately before the proposed 14
period is due to start, neither the applicant nor an 15
associate of the applicant has been granted a travel 16
permit to drive any of the stock to which the application 17
relates on a substantial part of the proposed route; 18
(c) issuing the permit would not contravene a declared 19
usage condition or a special management condition; 20
(d) the stock travelling on the proposed route is not likely 21
to-- 22
(i) introduce a declared pest to, or spread a declared 23
pest within, the local government's management 24
area; or 25
(ii) cause, or significantly increase the extent of, land 26
degradation; or 27
(iii) present an unreasonable risk to the safety of road 28
users; or 29
(iv) adversely affect a special management area; 30
(e) none of the stock are unfit stock or affected by a 31
notifiable disease; 32
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Chapter 4 Driving stock
Part 3 Travel permits
[s 133]
(f) there is likely to be enough pasture and water available 1
to sustain the stock in the proposed period; 2
(g) the applicant has or can obtain adequate public risk 3
insurance for the activities to which the application 4
relates for the proposed period; 5
(h) another matter prescribed under a regulation. 6
(2) For subsection (1)(f), the local government must have regard 7
to the permits that have been issued for driving or grazing 8
stock on the proposed route before the proposed period starts. 9
(3) Also, if the proposed route includes a State-controlled road, 10
the local government may grant the application only if the use 11
of the road for travelling stock is approved, with or without 12
conditions, by the road transport chief executive. 13
(4) However, a condition of an approval mentioned in subsection 14
(3) may only be about road-related matters. 15
133 Restriction on granting application for standard travel 16
permit 17
If the application is for a standard travel permit, the local 18
government may grant it only if satisfied, having regard to the 19
condition of the stock, their rate of travel will be at least 10km 20
a day. 21
134 Restrictions on granting application for slow travel 22
permit 23
If the application is for a slow travel permit, the local 24
government may grant it only if satisfied-- 25
(a) having regard to the condition of the stock, their rate of 26
travel will be at least 5km but less than 10km a day; and 27
(b) the proposed travel is not likely to reduce the level of the 28
pasture on the proposed route below a level reasonably 29
likely to be required for travelling stock under a 30
standard travel permit after the proposed period ends. 31
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Subdivision 4 Granting applications 1
135 Issuing standard travel permit 2
(1) This section applies if-- 3
(a) the responding local government for a single area permit 4
application decides to grant the application; or 5
(b) the responding local government and each participating 6
local government decide to grant a consecutive permit 7
application for its management area. 8
(2) Each local government must issue a standard travel permit in 9
the approved form for its management area. 10
(3) If a participating local government issues a consecutive travel 11
permit, it must give the permit to the responding local 12
government. 13
(4) If a participating local government decides to impose 14
conditions on a consecutive travel permit under section 15
131(1)(b), it must also give the responding local government a 16
notice stating-- 17
(a) the conditions; and 18
(b) the reasons for the decision. 19
(5) The responding local government must give the applicant-- 20
(a) the standard travel permit for its management area; and 21
(b) for a consecutive permit application--the consecutive 22
travel permit issued by each participating local 23
government; and 24
(c) if the responding local government decides to impose a 25
condition on the permit--a review notice about the 26
decision; and 27
(d) if a participating local government has decided to 28
impose a condition on a consecutive travel permit--a 29
review notice about the participating local government's 30
decision. 31
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(6) The responding local government must also give the chief 1
executive-- 2
(a) a copy of the permit; and 3
(b) for a consecutive permit application--a copy of the 4
consecutive travel permit issued by each participating 5
local government. 6
136 Issuing slow travel permit 7
(1) This section applies if the responding local government for an 8
application for a slow travel permit decides to grant the 9
application. 10
(2) The local government must-- 11
(a) issue a slow travel permit in the approved form; and 12
(b) give the applicant-- 13
(i) the slow travel permit; and 14
(ii) if the local government decides to impose a 15
condition on the permit--a review notice about the 16
decision; and 17
(c) give the chief executive a copy of the permit. 18
Subdivision 5 Refusing or failing to decide 19
applications 20
137 Refusal of responding local government to grant 21
application 22
(1) This section applies if a responding local government refuses 23
to grant-- 24
(a) a single area permit application; or 25
(b) an application for a slow travel permit; or 26
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(c) a consecutive permit application for its management 1
area. 2
(2) The local government must immediately give the applicant a 3
review notice about the decision. 4
138 Refusal of participating local government to grant 5
consecutive permit application 6
(1) This section applies if a participating local government for a 7
consecutive permit application decides to refuse to grant the 8
application for its management area. 9
(2) The participating local government must give the responding 10
local government for the application a notice stating the 11
decision and the reasons for the decision. 12
(3) The responding local government must, immediately after 13
receiving the notice, give the applicant-- 14
(a) a review notice about the participating local 15
government's decision; and 16
(b) a notice about the effect of section 140. 17
139 Failure to decide application 18
(1) This section applies if a local government fails to decide-- 19
(a) a single area permit application or an application for a 20
slow travel permit within 5 business days after the 21
application is made; or 22
(b) a consecutive permit application within 10 business 23
days after the application is made. 24
(2) However, if the local government has requested additional 25
information or a document under section 130, this section 26
only applies if-- 27
(a) the local government fails to decide the application 28
before the later of the following-- 29
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(i) the end of 5 business days after the information or 1
document is received; 2
(ii) the end of 5 business days after the end of the 3
information period; and 4
(b) the period mentioned in paragraph (a)(i) or (ii) is later 5
than the period which would have applied to the 6
application under subsection (1). 7
(3) The failure to decide is taken to be a decision by the local 8
government to refuse the application for which the applicant 9
is taken to be entitled to have been given a review notice under 10
section 137(2) or 138(3)(a). 11
(4) If a participating local government for a consecutive permit 12
application fails to decide the application under subsection (1) 13
or (2), the responding local government for the application 14
must give the applicant a notice about the effect of subsection 15
(3) and section 140. 16
Subdivision 6 Special provisions for consecutive 17
permit applications 18
140 Effect of refusal of consecutive permit application 19
(1) This section applies to a local government (the affected local 20
government) that receives a consecutive permit application, 21
if-- 22
(a) the affected local government-- 23
(i) has granted the application; or 24
(ii) has not failed to decide the application under 25
section 139; and 26
(b) another local government that receives the application-- 27
(i) decides to refuse to issue a consecutive travel 28
permit; or 29
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[s 141]
(ii) fails to make a decision about the application as 1
mentioned in section 139. 2
(2) The affected local government must refuse to grant the 3
application. 4
(3) If the affected local government has already issued a travel 5
permit for the application, the affected local government must 6
cancel the travel permit. 7
Division 6 Permit contents 8
141 Contents of travel permit 9
(1) A travel permit must state each of the following-- 10
(a) the period (the permit period) for which it is in force; 11
(b) the route (permit route) on which stock can travel under 12
the permit; 13
(c) the number and description of the stock (the permitted 14
stock) that can travel under the permit; 15
(d) either-- 16
(i) for a standard travel permit, the rate (the required 17
rate) of travel for the stock of 10km a day; or 18
(ii) for a slow travel permit, the rate (the required rate) 19
of travel for the stock of at least 5km but less than 20
10km a day; 21
(e) the mandatory conditions for the permit under section 22
143; 23
(f) any conditions imposed under section 131(1)(b); 24
(g) either-- 25
(i) if the permitted stock are being brought into 26
Queensland from another State--the number of the 27
certificate of health under the Stock Act 1915 under 28
which the stock are travelling; or 29
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[s 142]
(ii) otherwise--the number of the waybill under which 1
the stock are travelling; 2
(h) the permit fee. 3
(2) Subsection (3) applies if the local government expects stock 4
under the travel permit will cross land subject to a grazing 5
permit or grazing authority during the period of the grazing 6
permit or authority. 7
(3) The travel permit must include or be accompanied by a notice 8
stating the name and contact details of the holder of the 9
grazing permit or authority. 10
142 Special provisions for content of consecutive travel 11
permit 12
(1) This section, as well as section 141, applies to a consecutive 13
travel permit for permitted stock in a management area. 14
(2) The permit must provide for the permitted stock to finish 15
travelling at a place in the management area adjacent to the 16
place where the stock will be required to start travelling under 17
the next consecutive travel permit in the adjacent management 18
area. 19
(3) The permit period under the next consecutive travel permit in 20
the adjacent management area must start from the day the 21
permitted stock first arrive in the adjacent management area. 22
143 Mandatory conditions 23
(1) The mandatory conditions for a travel permit are each of the 24
following-- 25
(a) the permit route may be used only for driving permitted 26
stock; 27
(b) only the number of stock and stock of the description 28
stated in the permit may travel under the permit; 29
(c) stock may travel only on the permit route and in the 30
permit period; 31
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(d) stock may travel only during-- 1
(i) daylight hours; or 2
(ii) if the permit states daylight hours for travel--the 3
stated hours; 4
(e) stock must travel at the required rate stated in the 5
permit; 6
(f) stock must be-- 7
(i) supervised at all times; and 8
(ii) enclosed when not travelling; 9
(g) reasonable care must be taken to avoid damaging any 10
stock facilities on the permit route or available for use 11
by the permitted stock; 12
(h) temporary barriers erected to enclose stock must not 13
adjoin or be attached to a stock facility; 14
(i) appropriate signage to warn members of the public 15
about the presence of the permitted stock must be 16
clearly displayed while the stock are travelling under the 17
permit; 18
(j) if, under the travel permit, the permitted stock will cross 19
land subject to a grazing permit or grazing authority 20
during the period of that permit or authority, the holder 21
of the travel permit must, no later than 48 hours before 22
the crossing starts, notify the holder of the grazing 23
permit or authority of the nature, location and period of 24
the crossing that will be required; 25
(k) for a consecutive travel permit for a management area 26
(an adjacent management area) other than the 27
management area where the permitted stock first start 28
travelling, the permit holder must notify the local 29
government for the adjacent management area that the 30
stock are due to travel in the adjacent management area 31
within 24 hours before the travel; 32
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[s 144]
(1) adequate public risk insurance must be maintained for 1
the activities carried out under the permit; 2
(m) the permit is not transferable; 3
(n) subject to part 5, divisions 2 and 3 and part 6, stock must 4
be removed from the permit route at the end of the 5
permit period. 6
(2) Also, the mandatory conditions include each of the 7
following-- 8
(a) if a conditional use area declaration is in force for land 9
on the permit route--the declared usage conditions; 10
(b) if the permit route includes a special management 11
area--the special management conditions for the area; 12
(c) if the permit relates to travel on a State-controlled 13
road--any conditions approved under section 132(3). 14
Division 7 Permit period 15
144 Effect of permit 16
(1) A travel permit takes effect from-- 17
(a) the day it is issued; or 18
(b) if the permit period starts on later day stated in it--the 19
later day. 20
(2) A travel permit remains in force, unless it is sooner cancelled, 21
for the permit period stated in it. 22
Division 8 Permit and overdue fees 23
145 Permit fee for travel in permit period 24
The holder of a travel permit must pay the issuing local 25
government the fee (the permit fee) prescribed under a 26
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[s 146]
regulation for the permitted stock to travel on the permit route 1
in the permit period. 2
146 Overdue travel fee for travel after permit period 3
(1) This section applies if permitted stock remain on a part of the 4
permit route in a local government's management area after 5
the end of the permit period. 6
(2) The permit holder must pay the local government an amount 7
(the overdue travel fee) that is twice the amount of the permit 8
fee for each day or part of a day the stock remain on the 9
permit route. 10
147 Application to waive all or part of overdue travel fee 11
(1) A permit holder who must pay an overdue travel fee to a local 12
government may ask it to waive all or part of the fee. 13
(2) The local government may waive the overdue travel fee or 14
part of the fee if the local government considers-- 15
(a) the fee was incurred because of a delay in circumstances 16
beyond the control of the person in charge of the stock; 17
and 18
(b) the person in charge of the stock could not reasonably 19
have avoided or minimised the delay. 20
Examples-- 21
· extreme weather conditions 22
· the person in charge of the stock suffering serious illness 23
(3) If the local government decides to waive the overdue travel 24
fee or part of the fee it must give the permit holder and the 25
chief executive notice of the decision. 26
(4) If the local government decides to refuse to waive the overdue 27
travel fee or part of the fee it must give a review notice about 28
the decision to the permit holder. 29
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Part 4 Unfit stock
[s 148]
148 Payment of permit and overdue travel fees 1
The holder of a travel permit must pay the issuing local 2
government the permit fee and, if relevant, the overdue travel 3
fee by the due day prescribed under a regulation. 4
Part 4 Unfit stock 5
Division 1 Preliminary 6
149 Definitions for pt 4 7
In this part-- 8
affected stock see section 152(1). 9
original travel permit see section 151. 10
unfit stock see section 150. 11
unfit stock (grazing) permit see section 155(2). 12
unfit stock (travel) permit see section 154(2). 13
veterinary report, about affected stock, means a written report 14
prepared by a veterinary surgeon about the condition of the 15
stock and their estimated rate of travel. 16
150 What are unfit stock 17
Unfit stock are stock that are not able to travel at the required 18
rate under a travel permit because the stock-- 19
(a) are affected by a disease under the Stock Act 1915; or 20
Note-- 21
A local government can grant a travel permit for stock only if 22
satisfied the stock are not affected by a notifiable disease. See 23
section 132(1)(e). 24
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(b) are otherwise injured, sick, malnourished or weakened. 1
Example-- 2
stock weakened because of drought conditions 3
Division 2 Notice of unfit stock 4
151 Application of div 2 5
This division applies if stock are in a local government's 6
management area under a travel permit (the original travel 7
permit). 8
152 Permit holder must give unfit stock notice 9
(1) This section applies if there are unfit stock (the affected stock) 10
under the original travel permit. 11
(2) The permit holder must give a written or oral notice (an unfit 12
stock notice) under subsections (3) to (5), unless the permit 13
holder has a reasonable excuse. 14
Maximum penalty--50 penalty units. 15
(3) The permit holder must give the notice to-- 16
(a) the local government that issued the original travel 17
permit; and 18
(b) if the original travel permit is a consecutive travel 19
permit-- 20
(i) the local government for the area where the 21
affected stock are travelling; and 22
(ii) the local government for each area where the stock 23
are expected to travel under the permit. 24
(4) The notice must state-- 25
(a) the reasons for, and the circumstances of, the affected 26
stock being unfit stock, including, for example, any 27
diseases from which the stock are suffering; and 28
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Part 4 Unfit stock
[s 153]
(b) whether the affected stock have been diagnosed or 1
treated by a veterinary surgeon and, if so, the result of 2
the diagnosis or treatment. 3
(5) If the notice is given orally, it must be confirmed in writing 4
within 3 business days after it is given. 5
153 Cancellation of original travel permit if no unfit stock 6
notice given 7
(1) This section applies if-- 8
(a) an authorised person reasonably considers that some of 9
the stock under the original travel permit may be unfit 10
stock; and 11
(b) the original travel permit holder has not given an unfit 12
stock notice for the stock. 13
(2) The local government may give the permit holder a notice 14
requiring the permit holder to give the local government 15
within a stated period at of at least 3 days-- 16
(a) an unfit stock notice for the stock; or 17
(b) if the local government considers it is appropriate--a 18
veterinary report about the stock. 19
(3) Subsection (4) applies if-- 20
(a) the permit holder does not comply with the notice given 21
under subsection (2); or 22
(b) the permit holder gives the veterinary report and the 23
local government still considers the stock are unfit 24
stock. 25
(4) The local government may cancel the original travel permit 26
under part 6. 27
(5) Subsection (4) applies even if the original travel permit is a 28
consecutive travel permit not issued by the local government. 29
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Part 4 Unfit stock
[s 154]
Division 3 Unfit stock permit applications 1
154 Application for unfit stock (travel) permit for affected 2
stock 3
(1) This section applies if an original travel permit holder-- 4
(a) gives the local government an unfit stock notice for 5
affected stock travelling under the permit; and 6
(b) considers the affected stock can travel 5km a day. 7
(2) The permit holder may apply to a local government for a 8
permit (an unfit stock (travel) permit) to drive the following 9
stock in the management area-- 10
(a) the affected stock; 11
(b) if more than half of the stock under the original travel 12
permit are affected stock--the other stock under the 13
original travel permit. 14
(3) However, the permit holder can not apply for an unfit stock 15
(travel) permit if, within the last 3 months, any local 16
government has issued, for more than half of the affected 17
stock-- 18
(a) an unfit stock (travel) permit; or 19
(b) an unfit stock (grazing) permit, unless the application 20
for the permit was made under section 163. 21
(4) Part 3, divisions 1, 3, 4 and 5, other than sections 133, 135, 22
138 and 140, apply to the application subject to subsection (3) 23
and section 156. 24
155 Application for unfit stock (grazing) permit for affected 25
stock 26
(1) This section applies if an original travel permit holder-- 27
(a) gives a local government an unfit stock notice for 28
affected stock travelling under the permit; and 29
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Part 4 Unfit stock
[s 156]
(b) considers the affected stock can not travel 5km a day. 1
(2) The permit holder may apply to the local government for a 2
permit (an unfit stock (grazing) permit) to graze the 3
following stock in the management area-- 4
(a) the affected stock; 5
(b) if more than half of the stock under the original travel 6
permit are affected stock--the other stock under the 7
original travel permit. 8
(3) However, the person can not apply for an unfit stock (grazing) 9
permit if, within the last 3 months, any local government has 10
issued, for more than half of the affected stock-- 11
(a) an unfit stock (travel) permit, unless the application is 12
made under section 162; or 13
(b) an unfit stock (grazing) permit. 14
(4) Chapter 5, part 2, divisions 1 and 3, other than sections 190 15
and 194, apply to the application subject to subsection (3) and 16
section 156. 17
156 Special provisions for applications for unfit stock permits 18
(1) This section applies if an original travel permit holder applies 19
to a local government for an unfit stock permit. 20
(2) The applicant may apply orally in the first instance but must 21
confirm the application in the approved form within 3 days 22
after making the oral application. 23
(3) The application is not required to be accompanied by a fee. 24
(4) The local government to which the application is made may 25
ask the applicant to-- 26
(a) give it a veterinary report about the affected stock; or 27
(b) arrange for the affected stock to be mustered for 28
inspection by an authorised person. 29
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Part 4 Unfit stock
[s 157]
157 Cancellation of original travel permit if no unfit stock 1
permit application made 2
(1) This section applies if an original travel permit holder-- 3
(a) gives a local government an unfit stock notice for 4
affected stock; and 5
(b) does not apply for an unfit stock permit for the stock 6
within 3 days after the notice is given. 7
(2) The local government may give the person a notice requiring 8
the person to apply for an unfit stock permit within a stated 9
period of at least 3 days. 10
(3) If the person does not comply with the requirement, the local 11
government may cancel the permit under part 6. 12
(4) Subsection (3) applies even if the original travel permit is a 13
consecutive travel permit not issued by the local government. 14
Division 4 Unfit stock permits 15
158 Special provisions for unfit stock (travel) permit 16
(1) This section applies if a local government issues a person an 17
unfit stock (travel) permit. 18
(2) Sections 141, 143 and 144 and part 3, division 8 apply to the 19
permit subject to subsections (3) to (7). 20
(3) The local government may grant the permit orally in the first 21
instance but must issue it in the approved form as soon as 22
possible after granting it. 23
(4) The permit period can not be more than 14 days. 24
(5) The rate (the required rate) of travel under the permit is 5km 25
a day. 26
(6) The permit must include the number and description of the 27
stock that can travel under the permit. 28
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[s 159]
(7) The permit is taken to include a condition that the person 1
must, at least 4 days before the term of the permit ends, give 2
the local government notice of the condition of the affected 3
stock and their estimated rate of travel. 4
(8) If the original travel permit is a consecutive travel permit, the 5
local government must give a copy of the unfit stock (travel) 6
permit and any notice given under subsection (7) to any 7
interested local government. 8
(9) In this section-- 9
interested local government means the local government for a 10
local government area where the stock would, other than for 11
this part, have been expected to travel under the original travel 12
permit. 13
159 Special provisions for unfit stock (grazing) permit 14
(1) This section applies if a local government issues a person an 15
unfit stock (grazing) permit. 16
(2) Chapter 5, part 2, division 4 and sections 198(3), 199 and 17
204(1) apply to the permit subject to subsections (3) to (7). 18
(3) The local government may grant the permit orally in the first 19
instance but must issue it in the approved form as soon as 20
possible after granting it. 21
(4) The permit period can not be more than 14 days. 22
(5) The permit must include-- 23
(a) the number and description of the stock that can graze 24
under the permit; and 25
(b) if stock under the permit will graze on land subject to a 26
grazing permit or grazing authority during the period of 27
the grazing permit or authority-- 28
(i) the name and contact details of the holder of the 29
grazing permit or authority; and 30
(ii) a condition that the holder of the unfit stock 31
(grazing) permit must, no later than 48 hours 32
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Part 4 Unfit stock
[s 160]
before the grazing starts, notify the holder of the 1
grazing permit or authority of the nature and 2
location of the grazing that will be required. 3
(6) The permit is taken to include a condition that the person 4
must, at least 4 days before the term of the permit ends, give 5
the local government notice of the condition of the affected 6
stock and their estimated rate of travel. 7
(7) The permit can not be extended. 8
(8) If the original travel permit is a consecutive travel permit, the 9
local government must give a copy of the unfit stock (grazing) 10
permit and any notice given under subsection (6) to any 11
interested local government. 12
(9) In this section-- 13
interested local government means the local government for a 14
local government area where the stock would, other than for 15
this part, have been expected to travel under the original travel 16
permit. 17
Division 5 Effect on original travel permit 18
160 Suspension of operation of original travel permit 19
(1) This section applies if a local government issues a person an 20
unfit stock permit for stock. 21
(2) If the unfit stock permit is for only some of the stock under the 22
original travel permit, the original travel permit does not apply 23
to them while the unfit stock permit is in force. 24
(3) If the unfit stock permit is issued for all the stock under the 25
original travel permit, the original travel permit is suspended 26
while the unfit stock permit is in force. 27
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Part 4 Unfit stock
[s 161]
161 Complementary changes to original travel permit 1
(1) If a local government issues an unfit stock permit and, under 2
section 160(2), the original travel permit no longer applies to 3
stock, it must-- 4
(a) change the conditions of the original travel permit to 5
complement the conditions of the unfit stock permit; and 6
Examples of changes-- 7
· reducing the number of stock under the original travel 8
permit by the number of affected stock under the unfit stock 9
permit for the term of the unfit stock permit 10
· changing the period in which the affected stock are allowed 11
to travel on land under the original travel permit to allow for 12
the period the stock are expected to travel or graze under the 13
unfit stock permit 14
(b) give each relevant person notice of the changes. 15
(2) If there is an inconsistency between the unfit stock permit and 16
the original travel permit, the unfit stock permit prevails to the 17
extent of the inconsistency. 18
(3) If a local government issues an unfit stock permit and the 19
original travel permit is suspended section 160(3), it must give 20
each relevant person notice of the suspension. 21
(4) In this section-- 22
relevant person means-- 23
(a) the grantee of the unfit stock permit; and 24
(b) the local government for any management area where 25
the stock would, other than for this part, have been 26
expected to travel under the original travel permit. 27
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Part 4 Unfit stock
[s 162]
Division 6 Subsequent applications for unfit 1
stock permits 2
162 Application for unfit stock (grazing) permit after unfit 3
stock (travel) permit 4
(1) This section applies if-- 5
(a) a local government has issued a person with an unfit 6
stock (travel) permit; and 7
(b) either-- 8
(i) some or all of the stock (the relevant stock) are 9
unable to travel to 5km a day; or 10
(ii) the person considers some or all of the stock (also 11
the relevant stock) will not be able to travel at the 12
required rate under the original travel permit when 13
the unfit stock (travel) permit ends. 14
(2) The person may apply to the local government for an unfit 15
stock (grazing) permit for the relevant stock only if-- 16
(a) the person has not applied for an unfit stock (grazing) 17
permit for the stock within the last 3 months; and 18
(b) the application is made within 3 days before the unfit 19
stock (travel) permit ends. 20
(3) Chapter 5, part 2, divisions 1 and 3, other than sections 190 21
and 194, apply to the application subject to subsection (2) and 22
section 156. 23
(4) The following apply if the local government issues the unfit 24
stock (grazing) permit-- 25
(a) section 159; 26
(b) division 5; 27
(c) division 7. 28
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Part 4 Unfit stock
[s 163]
163 Application for unfit stock (travel) permit after unfit stock 1
(grazing) permit 2
(1) This section applies if-- 3
(a) a local government has issued a person with an unfit 4
stock (grazing) permit; and 5
(b) the original travel permit for the stock is a standard 6
travel permit; and 7
(c) the person considers some or all of the stock (the 8
relevant stock) will not be able to travel at the required 9
rate under the original travel permit when the unfit stock 10
(grazing) permit ends. 11
(2) The person may apply to the local government for an unfit 12
stock (travel) permit for the relevant stock within 3 days 13
before the unfit stock (grazing) permit ends. 14
(3) Part 3, divisions 1, 3, 4 and 5, other than sections 133, 135, 15
138 and 140, apply to the application subject to subsection (2) 16
and section 156. 17
(4) The following apply if the local government issues the unfit 18
stock (travel) permit-- 19
(a) section 158; 20
(b) division 5; 21
(c) division 7. 22
Division 7 End of unfit stock permits 23
164 Reinstatement of original travel permit 24
(1) This section applies if at the end of the term of an unfit stock 25
permit an authorised person considers the stock under the 26
permit are fit to resume travel at the required rate under the 27
original travel permit. 28
(2) The original travel permit as changed under section 161(1) 29
applies. 30
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Chapter 4 Driving stock
Part 4 Unfit stock
[s 165]
(3) The local government that issued the unfit stock permit 1
must-- 2
(a) make any necessary changes to the conditions of the 3
original travel permit to reflect its reinstatement; and 4
Examples of changes-- 5
· reinstating the number of stock mentioned in the original 6
travel permit 7
· changing the permit period 8
(b) give notice of the changes to-- 9
(i) the original travel permit holder; and 10
(ii) the local government for any management area 11
where the stock are expected to travel under the 12
original travel permit. 13
165 Cancellation of original travel permit if stock not fit to 14
resume travel 15
(1) This section applies if at the end of the term of an unfit stock 16
permit-- 17
(a) an authorised person considers the stock under the 18
permit are not fit to resume travel at the required rate 19
under the original travel permit; and 20
(b) the person has not made an application under section 21
162 or 163. 22
(2) The local government may, under part 6, cancel the original 23
travel permit. 24
Page 122
Stock Route Network Management Bill 2011
Chapter 4 Driving stock
Part 5 Amending permits
[s 166]
Part 5 Amending permits 1
Division 1 Required amendments 2
166 Permit holder to give notice of correct particulars 3
(1) This section applies if, because of a change in circumstances, 4
any of the following particulars contained in a travel permit or 5
an unfit stock permit is no longer correct-- 6
(a) the permit holder's name and contact address or 7
telephone number; 8
(b) the name of the person in charge of the stock under the 9
permit; 10
(c) the stock's brands and earmarks registered under the 11
Brands Act 1915 and other marks identifying 12
ownership; 13
(d) other information prescribed under a regulation. 14
(2) The permit holder must, within 10 business days after the 15
change happens, give notice of the correct particular to the 16
local government issuing the permit. 17
Maximum penalty--50 penalty units. 18
(3) On receiving the notice, the local government must amend the 19
permit to show the correct particulars. 20
Division 2 Amendment by application 21
167 Application to amend travel permit 22
(1) This section applies to an amendment of a travel permit, other 23
than an amendment relating to a condition of the permit. 24
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Chapter 4 Driving stock
Part 5 Amending permits
[s 168]
Examples of an amendment relating to a permit condition-- 1
an amendment of the permit route or the description of the permitted 2
stock 3
(2) The permit holder may apply to the local government for the 4
amendment of the permit. 5
(3) The application must-- 6
(a) be made before the permit period ends; and 7
(b) be in the approved form; and 8
(c) identify the part of the permit sought to be changed; and 9
(d) be accompanied by the fee prescribed under a 10
regulation. 11
168 Decision on application 12
(1) The local government must consider the application and 13
decide to-- 14
(a) grant it by changing the part of the permit in the way 15
requested by the applicant; or 16
(b) grant it by changing the part of the permit, other than in 17
a way requested by the applicant; or 18
(c) refuse it. 19
(2) However, the local government can not amend a permit route 20
if the amendment would allow the permitted stock to travel on 21
a part of the permit route on which they have already travelled 22
under the permit. 23
(3) Subsection (2) does not apply if the local government 24
considers the amendment is necessary because of an event 25
beyond the permit holder's control. 26
Examples of events-- 27
· extreme weather conditions affecting the permit route 28
· fire or flooding on or affecting the permit route 29
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Chapter 4 Driving stock
Part 5 Amending permits
[s 169]
169 Notice of decision 1
(1) If the local government decides to grant the application it 2
must give the applicant-- 3
(a) the permit as amended in the approved form; and 4
(b) if it decides to refuse the application or change a part of 5
the permit other than in a way requested by the 6
applicant--a review notice about the decision. 7
(2) If the local government fails to decide the application within 3 8
business days after receiving it-- 9
(a) the failure is taken to be a decision by the local 10
government to refuse the application; and 11
(b) the applicant is entitled to be given a review notice by 12
the local government for the decision. 13
Division 3 Amendment by local government 14
170 Local government may amend travel or unfit stock permit 15
(1) This section applies if-- 16
(a) after a travel permit or an unfit stock permit is issued-- 17
(i) a closed area declaration or conditional use area 18
declaration is made for land on the permit route; or 19
(ii) a special management condition for the use of land 20
on the permit route takes effect; or 21
(iii) there is another material change in circumstances; 22
and 23
Examples-- 24
· extreme weather conditions affecting the permit route 25
· fire or flooding on or affecting the permit route 26
· a disruption to the water supply on a part of the permit 27
route causing significant decrease in the capacity of 28
the permit route to support the permitted stock 29
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Chapter 4 Driving stock
Part 5 Amending permits
[s 171]
(b) the local government issuing the permit considers-- 1
(i) it is necessary to amend the permit because of the 2
declaration, condition or change in circumstances; 3
and 4
Examples of amendments-- 5
· reducing the number of stock allowed under the 6
permit 7
· changing the permit route 8
· changing the permit period 9
(ii) if the permit were amended, stock could travel 10
under the permit, as amended, under any amended 11
permit conditions and this Act. 12
(2) The local government must give the permit holder a notice (an 13
amendment notice)-- 14
(a) stating-- 15
(i) the decision to amend the permit; and 16
(ii) the day, at least 3 business days after the notice is 17
given, that the amendment takes effect; and 18
(b) accompanied by-- 19
(i) the amended permit; and 20
(ii) a review notice for the decision. 21
(3) The permit is amended from the day stated in the amendment 22
notice. 23
Division 4 Replacement of travel permit 24
171 Issuing replacement permit if permit amended 25
(1) If a travel permit is amended under this part, the local 26
government issuing the permit may, by notice, require the 27
permit holder to return the permit. 28
Page 126
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Chapter 4 Driving stock
Part 6 Cancellation of permits
[s 172]
(2) The holder must comply with the requirement unless the 1
permit has been lost, stolen or destroyed because of 2
circumstances beyond the holder's control. 3
Maximum penalty--50 penalty units. 4
(3) On receiving the permit, if a replacement permit has not 5
already been issued, the local government must issue the 6
permit holder a replacement permit, showing the correct 7
particulars. 8
(4) The local government must give the chief executive a copy of 9
each replacement permit it issues. 10
Part 6 Cancellation of permits 11
172 Grounds 12
(1) Each of the following is a ground for a local government to 13
cancel a travel permit or an unfit stock permit-- 14
(a) the permit was issued because of a materially false or 15
misleading representation or document, made either 16
orally or in writing; 17
(b) the permit holder has not complied with a condition of 18
the permit; 19
(c) there is unlikely to be enough pasture or water to sustain 20
the stock under the permit for the rest of the term of the 21
permit; 22
(d) a closed area declaration or conditional use area 23
declaration is made, or a special management condition 24
is in force, for land on the permit route and the local 25
government considers-- 26
(i) it is necessary to cancel the permit because of the 27
declaration or condition; and 28
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Chapter 4 Driving stock
Part 6 Cancellation of permits
[s 173]
(ii) it is not practicable to amend the permit under 1
section 170. 2
(2) A travel permit may also be cancelled on a ground mentioned 3
in sections 153, 157 and 165. 4
173 Procedure 5
(1) This section applies if an issuing local government-- 6
(a) considers a ground for cancelling a permit exists under 7
section 172; and 8
(b) decides to cancel the permit. 9
(2) The local government must give the permit holder a notice (a 10
cancellation notice) stating each of the following-- 11
(a) that the permit is cancelled; 12
(b) the grounds for the cancellation; 13
(c) the facts and circumstances that are the basis for the 14
grounds; 15
(d) if section 176 applies--each consecutive travel permit 16
for a later permit period is also cancelled under that 17
section; 18
(e) the permit holder must remove the permitted stock from 19
the permit route within a stated period (the removal 20
period) of at least 3 days after the notice is given; 21
(f) if the stock are not removed from the permit route in the 22
removal period, an authorised person may seize the 23
stock under section 113. 24
(3) The cancellation notice must include or be accompanied by a 25
review notice for the decision. 26
(4) If the permit is a consecutive travel permit, the local 27
government must also give a copy of the notice to any local 28
government that has issued a consecutive travel permit for a 29
later permit period. 30
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Chapter 4 Driving stock
Part 6 Cancellation of permits
[s 174]
(5) The cancellation of a travel permit or unfit stock permit has 1
effect-- 2
(a) at the end of the removal period; or 3
(b) any later day stated in the cancellation notice. 4
174 Refund of permit fee 5
(1) This section applies if-- 6
(a) the permit route for a permit is more than 100km; and 7
(b) the permit holder has paid the permit fee; and 8
(c) the permitted stock are removed from the permit route 9
within the permit period. 10
(2) The local government must refund to the holder the amount of 11
the fee paid less the amount that was payable for the travelling 12
of the permitted stock before they were removed. 13
175 Holder of cancelled permit required to remove stock 14
If a travel permit or unfit stock permit is cancelled under this 15
part, the permit holder must ensure the stock under the permit 16
are removed from the permit route before the cancellation has 17
effect. 18
176 Cancellation of later consecutive travel permits 19
(1) This section applies if-- 20
(a) a consecutive travel permit is cancelled under this part; 21
and 22
(b) a local government has issued a consecutive travel 23
permit (the later consecutive travel permit) for a permit 24
period starting after the cancellation notice is given; and 25
(c) the local government is given a copy of the cancellation 26
notice. 27
Page 129
Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 1 Permits and authorities for grazing stock
[s 177]
(2) The local government must immediately cancel the later 1
consecutive travel permit. 2
Chapter 5 Grazing stock 3
Part 1 Permits and authorities for 4
grazing stock 5
177 Types of permits and authorities 6
The types of permits and authorities for grazing stock that can 7
be issued under this Act are as follows-- 8
(a) emergency grazing permits; 9
(b) short-term grazing permits; 10
(c) grazing authorities; 11
(d) unfit stock (grazing) permits under chapter 4, part 4. 12
Notes-- 13
1 The permit periods for grazing permits are provided under section 14
198. 15
2 The authority period for a grazing authority is provided under 16
section 220. 17
3 The permit period for an unfit stock (grazing) permit is provided 18
under section 159(4). 19
178 What does a permit or authority authorise 20
(1) A permit or authority mentioned in section 177 authorises the 21
holder to graze stock in a designated area on the stock route 22
network or public (stock access) land under the conditions of 23
the permit or authority. 24
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 179]
(2) The permit or authority may also authorise the holder to use 1
particular stock facilities or types of stock facilities that are in 2
the permit or authority area or have been supplied for the use 3
of stock in the permit or authority area. 4
Part 2 Grazing permits 5
Division 1 Application for emergency grazing 6
permit 7
179 Who may apply for permit 8
A person who owns stock or is authorised by the owner of 9
stock may apply to a local government for an emergency 10
grazing permit to graze the stock (the proposed stock) on land 11
in the local government's management area if-- 12
(a) the stock are on land (the current location), whether 13
within or outside the local government area; and 14
(b) the capacity of the current location to sustain the stock 15
has been adversely affected by-- 16
(i) fire; or 17
(ii) flood; or 18
(iii) severe weather conditions, including, for example, 19
a cyclone; 20
(iv) an event, other than drought, the effects of which 21
the person could not have reasonably avoided or 22
significantly mitigated. 23
Example of an event that could reasonably be avoided-- 24
allowing stock to overgraze the current location 25
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 180]
180 Requirements for application 1
The application must-- 2
(a) be in the approved form; and 3
(b) state the number and description of the stock to graze 4
under the permit; and 5
(c) show the area (the proposed area) on which the stock 6
are to graze under the permit; and 7
(d) state the period (the proposed period) in which the stock 8
are to graze under the permit; and 9
(e) be accompanied by the fee prescribed under a 10
regulation. 11
Division 2 Application for short-term grazing 12
permit 13
Subdivision 1 Making land available for short-term 14
grazing 15
181 Local government may make land available 16
(1) A local government may make land in its management area 17
available for grazing under this division only if-- 18
(a) the land is not subject to-- 19
(i) a lease or permit under the Land Act; or 20
(ii) a permit or grazing authority issued under this Act; 21
and 22
(b) if the land includes a a State-controlled road, the road 23
transport chief executive has approved the use of the 24
road for grazing; and 25
(c) the local government considers-- 26
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 182]
(i) there is likely to be enough pasture available for 1
driving and grazing stock on the land; and 2
(ii) grazing on the land is not likely to-- 3
(A) reduce the level of pasture below a level 4
reasonably likely to be required for the use of 5
travelling stock; or 6
(B) cause loss of biodiversity or cultural heritage 7
on or relating to the land; or 8
(C) adversely affect a special management area. 9
(2) The road transport chief executive may approve grazing on the 10
land with conditions but the conditions can only be about 11
road-related matters. 12
(3) For subsection (1)(c)(i), the local government must have 13
regard to the permits that have previously been issued to use 14
the land for driving and grazing stock. 15
(4) For subsection (1)(c)(ii)(A), the local government must have 16
regard to the applications it reasonably expects to receive for 17
permits to use the land for driving and grazing stock. 18
182 Public notice of availability of land 19
(1) The local government may publish a notice (a public notice) 20
about the availability of land under section 181 in a newspaper 21
circulating generally in the local government area. 22
(2) The notice must state-- 23
(a) details sufficient to identify the land; and 24
(b) that an eligible person may apply for a short-term 25
grazing permit for all or part of the land within a period 26
of at least 10 business days after the notice is published; 27
and 28
(c) whether or not water is available for stock on the land; 29
and 30
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 183]
(d) the conditions on which a short-term grazing permit for 1
the land or part of the land must be granted. 2
Examples of conditions-- 3
· a condition that the applicant is responsible for providing 4
water for the stock 5
· a condition limiting the number of stock that can be grazed 6
on the land 7
Subdivision 2 Applying for permit 8
183 Application in response to public notice 9
A person who owns stock or is authorised by the owner of 10
stock may apply to a local government in response to a public 11
notice for a short-term grazing permit to graze the stock on 12
land made available under section 181. 13
184 Application on basis of drought-affected land 14
(1) A person may apply for a short-term grazing permit to graze 15
stock on land in a local government's management area, other 16
than land made available under section 181, if-- 17
(a) the person owns the stock or is authorised by the owner 18
of the stock to apply for the permit; and 19
(b) the stock are being grazed on land (the current 20
location), whether within or outside the local 21
government area; and 22
(c) the current location has been drought-declared or is 23
within a drought-declared area; and 24
(d) the capacity of the current location to sustain stock has 25
been adversely affected by drought. 26
(2) However, a person can not apply for a short-term grazing 27
permit under subsection (1) if the proposed area includes part 28
of a primary A stock route or primary A reserve. 29
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 185]
(3) In this section-- 1
drought-declared means declared to be severely affected by 2
drought, however described, for eligibility for assistance 3
under a scheme administered by the Commonwealth or the 4
State. 5
drought-declared area means an area that is considered to be 6
severely affected by drought, however described, for 7
eligibility for assistance under a scheme administered by the 8
Commonwealth or the State. 9
185 Requirements for application 10
An application for a short-term grazing permit must-- 11
(a) be in the approved form; and 12
(b) state the number and description of the stock to graze 13
under the permit; and 14
(c) show the area (the proposed area) on which the stock 15
are to graze under the permit; and 16
(d) state the period (the proposed period) in which the stock 17
are to graze under the permit; and 18
(e) be accompanied by the fee prescribed under a 19
regulation. 20
Division 3 Dealing with applications for 21
emergency or short-term grazing 22
permits 23
Subdivision 1 Additional information 24
186 Additional information for application 25
(1) The local government may, by notice, ask the applicant to 26
give the local government further reasonable information or 27
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 2 Grazing permits
[s 187]
documents about the application in the following period (the 1
information period)-- 2
(a) the period of at least 3 business days stated in the notice; 3
(b) any longer period agreed between the local government 4
and the applicant. 5
(2) The local government may refuse the application if the 6
applicant does not give the local government the information 7
or documents in the information period, without reasonable 8
excuse. 9
Subdivision 2 Deciding applications 10
187 Deciding application 11
(1) The local government must consider the application and 12
decide to-- 13
(a) grant it; or 14
(b) grant it and impose conditions on the permit, as well as 15
the mandatory conditions; or 16
(c) refuse it. 17
(2) The conditions may include the following-- 18
(a) a condition requiring the applicant to graze the stock in 19
an area (the alternative area) other than the proposed 20
area (an alternative area condition); 21
(b) a condition requiring the applicant to be responsible for 22
supplying adequate water for the stock for part or all of 23
the permit period; 24
(c) a condition requiring the applicant to maintain in good 25
working order a stock facility for the use of stock under 26
the grazing permit; 27
(d) a condition prohibiting the applicant from using a stated 28
water facility that is in the permit area or has been 29
supplied for the use of stock in the permit area; 30
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 188]
(e) a condition limiting the number of stock that can graze 1
under the permit (a stock limitation condition). 2
(3) However, the local government may impose an alternative 3
area condition, only if it-- 4
(a) would otherwise have refused to grant the application 5
under this subdivision for the proposed area; and 6
(b) is satisfied of the matters under this subdivision relating 7
to the alternative area. 8
(4) Also, the local government may impose a stock limitation 9
condition only if it considers it is necessary to prevent pasture 10
being grazed below a level reasonably likely to be required for 11
travelling stock during and after the proposed period. 12
188 Criteria for deciding all applications 13
(1) The local government may grant the application only if it is 14
satisfied-- 15
(a) the proposed area-- 16
(i) is not subject to a lease or permit under the Land 17
Act; and 18
(ii) is not expected to be subject to another grazing 19
permit or a grazing authority in the proposed 20
period; and 21
(b) grazing of the stock in the proposed area is not likely 22
to-- 23
(i) introduce a declared pest to, or spread a declared 24
pest within, the land; or 25
(ii) cause, or significantly increase the extent of, land 26
degradation; or 27
(iii) adversely affect a special management area; or 28
(iv) present an unreasonable risk to the safety of road 29
users; or 30
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 189]
(v) damage road transport infrastructure or the surface 1
of a formed road; and 2
(c) the stock are not affected by a notifiable disease; and 3
(d) there is likely to be enough pasture and water available 4
to sustain the stock in the proposed period; and 5
(e) the proposed grazing of the stock is not likely to reduce 6
the level of the pasture in the proposed route below a 7
level reasonably likely to be required for the use of 8
travelling stock after the proposed period ends; and 9
(f) if water is not available or the availability of water in the 10
permit area is limited, that the applicant has made 11
arrangements for the adequate supply of water to the 12
stock for the permit period; and 13
(g) the applicant has or can obtain adequate public risk 14
insurance for the activities to which the application 15
relates for the proposed period; and 16
(h) another matter prescribed under a regulation. 17
(2) For subsection (1)(d), the local government must have regard 18
to the permits that have been issued to use the proposed route 19
for stock before the proposed period starts. 20
(3) For subsection (1)(e), the local government must have regard 21
to the applications for travel permits that it reasonably expects 22
to receive after the proposed period ends. 23
(4) Also, if the proposed area includes a State-controlled road, the 24
local government may grant the application only if the use of 25
the road for grazing is approved, with or without conditions, 26
by the road transport chief executive. 27
(5) A condition of an approval mentioned in subsection (4) can 28
only be about road-related matters. 29
189 Restriction on granting emergency grazing permit 30
(1) This section applies if the application is for an emergency 31
grazing permit. 32
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 2 Grazing permits
[s 190]
(2) The local government may grant the application only if 1
satisfied that, in the 3 months immediately before the 2
application was made, neither the applicant nor an associate 3
of the applicant held a grazing permit or unfit stock (grazing) 4
permit for any of the proposed stock. 5
190 Restriction on granting application for short-term grazing 6
permit on basis of drought-affected land 7
(1) This section applies if the application was made under section 8
184. 9
(2) The local government may grant the application only if 10
satisfied-- 11
(a) the stock are being grazed at the current location; and 12
(b) the current location has been drought-declared or is 13
within a drought-declared area; and 14
(c) the capacity of the current location to sustain stock has 15
been adversely affected by drought; and 16
(d) in the year immediately before the application was 17
made, neither the applicant nor an associate of the 18
applicant has applied for a short-term grazing permit 19
under section 184(2) for land in the local government's 20
management area and been issued the permit. 21
Subdivision 3 Granting applications 22
191 Issuing emergency grazing or short-term grazing permit 23
(1) This section applies if a local government decides to grant an 24
application for-- 25
(a) an emergency grazing permit; or 26
(b) a short-term grazing permit. 27
(2) The local government must-- 28
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 2 Grazing permits
[s 192]
(a) issue the permit in the approved form; and 1
(b) give the applicant-- 2
(i) the permit; and 3
(ii) if the local government decides to impose a 4
condition on the permit--a review notice about the 5
decision; and 6
(c) give the chief executive a copy of the permit. 7
Subdivision 4 Refusing or failing to decide 8
applications 9
192 Decision to refuse application 10
If the local government decides to refuse an application for an 11
emergency grazing permit or short-term grazing permit, it 12
must immediately give the applicant a review notice about the 13
decision. 14
193 Failure to decide application 15
(1) This section applies if a local government fails to decide an 16
application for an emergency grazing permit or short-term 17
grazing permit within the latest of the following periods to 18
end-- 19
(a) within 5 business days after the application is made; 20
(b) if it has requested additional information or a document 21
under section 186-- 22
(i) the end of 5 business days after the information or 23
document is received; or 24
(ii) the end of 5 business days after the end of the 25
information period. 26
(2) The failure to decide is taken to be a decision by the local 27
government to refuse the application for which the applicant 28
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 2 Grazing permits
[s 194]
is taken to be entitled to have been given a review notice under 1
section 192. 2
194 Refund of application fee for short-term grazing permit 3
(1) This section applies if a local government refuses an 4
application for a short-term grazing permit (the refused 5
application) because it has granted another application for a 6
short-term grazing permit for all or part of the proposed area 7
or proposed period to which the refused application related. 8
(2) The local government must refund the application fee paid for 9
the refused application. 10
Division 4 Permit contents 11
195 Contents of grazing permit 12
A grazing permit must state the following-- 13
(a) the period (the permit period) for which it is in force; 14
(b) the area (permit area) where stock can graze under the 15
permit; 16
(c) the number and description of the stock (the permitted 17
stock) that can graze under the permit; 18
(d) the level of pasture in the permit area that must be 19
retained for travelling stock after the permit period ends; 20
(e) the mandatory conditions for the permit under section 21
196; 22
(f) a description of any stock facilities available for the use 23
of the permitted stock in the permit area; 24
(g) if the permit holder is required under a condition of the 25
grazing permit to maintain a stock facility, the 26
requirements for maintaining the stock facility; 27
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Chapter 5 Grazing stock
Part 2 Grazing permits
[s 196]
(h) any conditions imposed under section 187(1)(b); 1
(i) the permit fee. 2
196 Mandatory conditions 3
(1) The mandatory conditions for a grazing permit are as 4
follows-- 5
(a) the permit area may be used only for grazing permitted 6
stock; 7
(b) only the number of stock and stock of the description 8
stated in the permit may graze under the permit; 9
(c) the permitted stock may graze only within the permit 10
area; 11
(d) the stock must be kept off formed roads; 12
(e) if the permit area is not enclosed, the stock must be 13
enclosed or supervised; 14
(f) appropriate signage to warn members of the public 15
about the presence of the permitted stock must be 16
clearly displayed while the stock are grazing under the 17
permit; 18
(g) pasture in the permit area must not be reduced to less 19
than a level likely to be required for travelling stock 20
after the permit period ends; 21
(h) any declared pest plants in the permit area must be kept 22
under control; 23
(i) if the boundary of the permit area, other than a 24
State-controlled road, is fenced with a stock-proof 25
fence, whether or not erected by the permit holder, the 26
permit holder must ensure-- 27
(i) an adequate number of gates are installed at 28
appropriate places on the fence to allow stock to 29
access the permit area; and 30
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(ii) the gates remain unlocked during the permit 1
period; and 2
(iii) the fencing is maintained in a stock-proof 3
condition during the permit period; 4
(j) reasonable care must be taken to avoid damaging any 5
stock facilities in the permit area or available for use by 6
the permitted stock; 7
(k) if stock (the priority stock) are authorised to travel or 8
graze in the permit area under a travel permit or unfit 9
stock permit, the priority stock must be allowed to use 10
the permit area in priority to the permitted stock; 11
(l) adequate public risk insurance must be maintained for 12
the activities carried out under the permit; 13
(m) the permit is not transferable; 14
(n) subject to sections 200(5) and 245, stock must be 15
removed from the permit area at the end of the permit 16
period; 17
(o) as directed by the local government, any improvements 18
installed in the permit area must be removed at the end 19
of the permit period. 20
(2) Also, the mandatory conditions include each of the 21
following-- 22
(a) if a conditional use area declaration is in force for land 23
in the permit area--the declared usage conditions; 24
(b) if the permit area includes a special management 25
area--the special management conditions for the special 26
management area; 27
(c) if the permit area includes a State-controlled road--any 28
conditions approved under section 188(4). 29
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[s 197]
197 Local government to give notice of use of grazing permit 1
area under travel permit 2
(1) This section applies if part of the permit area for a grazing 3
permit is required for the use of stock under a travel permit or 4
unfit stock permit in the permit period for the grazing permit. 5
(2) The local government must give the holder of the grazing 6
permit a written or oral notice stating-- 7
(a) that a travel permit or unfit stock permit has been 8
granted for stock to use the stated part of the permit 9
area; and 10
(b) the period (the usage period) in which the stock will be 11
using the part of the permit area under the travel permit 12
or unfit stock permit; and 13
(c) the holder of the grazing permit must remove stock 14
grazing under the grazing permit from the part of the 15
permit area during the usage period. 16
(3) The notice-- 17
(a) must be given no later than 48 hours before the usage 18
period starts; and 19
(b) if it is given orally--must be confirmed in writing as 20
soon as practicable after it is given. 21
(4) A failure to comply with this section does not invalidate or 22
otherwise affect the condition of the grazing permit 23
mentioned in section 196(1)(k). 24
Division 5 Permit period 25
198 Permit periods for grazing permits 26
(1) The permit period for an emergency grazing permit can not be 27
more than the following (the maximum permit period)-- 28
(a) if the permit area includes part of a primary stock route 29
or primary reserve--14 days; 30
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(b) otherwise--28 days. 1
(2) The permit period for a short-term grazing permit can not be 2
more than the following (also the maximum permit period)-- 3
(a) if the permit area includes part of a primary A stock 4
route or primary A reserve--6 weeks; 5
(b) if the application for the permit was made under section 6
183 and the permit area includes part of a primary B 7
stock route or primary B reserve--6 weeks; 8
(c) otherwise--3 months. 9
(3) To remove any doubt, it is declared that if a grazing permit is 10
issued for a permit area including a part of a stock route or 11
reserve for travelling stock adjoining a stock route and the 12
classification of the stock route is later changed, the permit 13
period is not affected by the change. 14
(4) In this section-- 15
primary B reserve means a reserve for travelling stock that-- 16
(a) adjoins a primary B stock route; and 17
(b) does not adjoin a primary A stock route. 18
199 Effect of permit 19
(1) A grazing permit takes effect from-- 20
(a) the day it is issued; or 21
(b) if the permit period starts on a later day stated in it--the 22
later day. 23
(2) A grazing permit remains in force, unless it is sooner 24
cancelled, for the permit period stated in it. 25
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[s 200]
Division 6 Extending permits 1
200 Application for extension 2
(1) This section applies if a local government has issued a grazing 3
permit for less than the maximum permit period. 4
(2) The holder of the permit may apply to the local government to 5
extend the period of the permit for the permitted stock up to 6
the maximum permit period. 7
(3) The application must be made-- 8
(a) in the approved form; and 9
(b) no later than 3 business days before the permit period 10
ends. 11
(4) The application may be made orally in the first instance but 12
must be made in the approved form no later than 3 business 13
days before the permit period ends. 14
(5) Subject to subsection (2), the permit remains in force until the 15
applicant has been notified of the local government's decision 16
on the application. 17
201 Deciding application 18
(1) The local government must consider the application and 19
decide to-- 20
(a) grant it; or 21
(b) grant it and impose conditions on the extended permit; 22
or 23
(c) refuse it. 24
(2) The local government may grant the application only if it is 25
still satisfied of the matters mentioned in-- 26
(a) section 188; and 27
(b) if relevant, section 189 or 190. 28
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202 Extending permit 1
If the local government decides to grant the application, it-- 2
(a) may extend the permit up to the maximum permit 3
period; and 4
(b) must give the applicant-- 5
(i) a notice stating-- 6
(A) the period for which the permit has been 7
extended; and 8
(B) the permit fee for the extended permit 9
period; and 10
(ii) if it decides to impose a condition on the extended 11
permit--a review notice about the decision. 12
203 Refusing application 13
If the local government decides to refuse the application, it 14
must immediately give the applicant a review notice about the 15
decision. 16
Division 7 Permit fees 17
204 Permit fee for grazing 18
(1) The holder of a grazing permit must, before the permit period 19
starts, pay the issuing local government the fee (the permit 20
fee) prescribed under a regulation for the permitted stock to 21
graze under the permit. 22
(2) If a grazing permit is extended under division 6, the permit 23
holder must pay the local government the permit fee for the 24
extended permit period within 3 business days after the local 25
government gives the notice mentioned in section 202(b)(i). 26
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[s 205]
Part 3 Grazing authorities 1
Division 1 Applying for a grazing authority 2
Subdivision 1 Applications generally 3
205 Who may apply 4
(1) A person may apply to a local government for a grazing 5
authority to graze stock on land in the local government's 6
management area if-- 7
(a) the person-- 8
(i) owns stock or is authorised by the owner of stock; 9
and 10
(ii) owns or occupies land on which the person grazes 11
stock, whether within or outside the local 12
government area; or 13
(b) for land that is an accessible grazing area--the person is 14
an owner of land adjoining the accessible grazing area 15
(the preferred applicant). 16
(2) However, a person can not apply for a grazing authority to 17
graze stock on-- 18
(a) a part of a primary A stock route that is enclosed on both 19
sides; or 20
(b) a reserve for travelling stock adjoining a stock route 21
mentioned in paragraph (a). 22
206 Requirements for application 23
An application for a grazing authority must-- 24
(a) be in the approved form; and 25
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(b) show the area (the proposed area) on which the stock 1
are to graze under the grazing authority; and 2
(c) state the period (the proposed period) in which the stock 3
are to graze under the grazing authority; and 4
(d) be accompanied by the fee prescribed under a 5
regulation. 6
Subdivision 2 Invitations for applications for 7
accessible grazing areas 8
207 What is an accessible grazing area 9
An area is an accessible grazing area if-- 10
(a) the area-- 11
(i) is in a local government's management area; and 12
(ii) adjoins land that is owned or occupied by a person 13
other than the State or a local government; and 14
(b) the boundary or part of the boundary between the area 15
and the adjoining land is not fenced with a stock-proof 16
fence. 17
208 Invitation to apply for grazing authority for accessible 18
grazing area 19
(1) A local government may give an owner of land adjoining an 20
accessible grazing area in its management area a written 21
invitation to apply for a grazing authority to graze stock in the 22
accessible grazing area. 23
(2) The invitation must state-- 24
(a) a reasonable period of at least 20 business days for the 25
owner to apply for a grazing authority in response to the 26
notice; and 27
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(b) if the owner does not apply for a grazing authority in the 1
stated period, that the local government may consider 2
applications from others for a grazing authority for the 3
accessible grazing area. 4
Division 2 Dealing with application 5
Subdivision 1 Additional information 6
209 Additional information for application 7
(1) The local government may, by notice, ask the applicant to 8
give the local government further reasonable information or 9
documents about the application in the following period (the 10
information period)-- 11
(a) the period of at least 10 business days stated in the 12
notice; 13
(b) any longer period agreed between the local government 14
and the applicant. 15
(2) The local government may refuse the application if the 16
applicant does not give the local government the information 17
or documents in the information period, without reasonable 18
excuse. 19
Subdivision 2 Deciding application 20
210 Deciding application 21
(1) The local government must consider the application and 22
decide to-- 23
(a) grant it; or 24
(b) grant it and impose conditions on the grazing authority, 25
as well as the mandatory conditions; or 26
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(c) refuse it. 1
(2) The conditions may include the following-- 2
(a) a condition requiring the applicant to have entered, 3
before the authority period starts, a water facility 4
agreement to use a water facility available for stock 5
under the grazing authority; 6
(b) a condition requiring the applicant to be responsible for 7
supplying adequate water for the stock for part or all of 8
the authority period; 9
(c) a condition requiring the applicant to maintain in good 10
working order a stock facility for the use of stock under 11
the grazing authority; 12
(d) a condition prohibiting the applicant from using a stated 13
water facility that is in the authority area or has been 14
supplied for the use of stock in the authority area; 15
(e) a condition limiting the number of stock that can graze 16
under the authority (a stock limitation condition). 17
(3) However, the local government may impose a stock limitation 18
condition only if it considers it is necessary to prevent pasture 19
being grazed below a level reasonably likely to be required for 20
travelling stock during and after the proposed period. 21
211 Criteria for deciding application 22
(1) The local government may grant the application only if 23
satisfied-- 24
(a) the proposed area-- 25
(i) is not subject to a lease or permit under the Land 26
Act; and 27
(ii) is not expected to be subject to a grazing permit or 28
another grazing authority in the proposed period; 29
and 30
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[s 211]
(b) if the proposed area includes a special management 1
area--the special management conditions allow grazing 2
in the area; and 3
(c) grazing stock in the proposed area is not likely to-- 4
(i) introduce a declared pest to, or spread a declared 5
pest within, the area; or 6
(ii) cause, or significantly increase the extent of, land 7
degradation; or 8
(iii) cause a loss of biodiversity or cultural heritage in 9
or relating to the area; or 10
(iv) present an unreasonable risk to the safety of road 11
users; or 12
(v) adversely affect a special management area; and 13
(d) none of the stock are affected by a notifiable disease; 14
and 15
(e) there is likely to be enough pasture and water available 16
to sustain the stock in the period (the proposed period) 17
to which the application relates; and 18
(f) grazing stock is not likely to reduce the level of pasture 19
in the proposed area below a level that is reasonably 20
likely to be required for the use of travelling stock 21
during and after the proposed period; and 22
(g) if land in the proposed area is bounded by a fence and a 23
person (the relevant person) other than the applicant is 24
liable to maintain the fence or contribute to its 25
maintenance, the applicant-- 26
(i) has entered a written agreement with the relevant 27
person for the maintenance of the fence during the 28
proposed period; or 29
(ii) will enclose the stock, other than by using the 30
fence; and 31
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[s 212]
Example-- 1
erecting a temporary electric fence adjacent to the 2
boundary 3
(h) if a water facility is to be made available for stock under 4
the grazing authority, that the applicant-- 5
(i) has or, before the authority period starts, will have, 6
entered into a water facility agreement to use the 7
water facility; and 8
(ii) is willing and able to carry out any maintenance 9
required under the water facility agreement; and 10
(i) another matter prescribed under a regulation. 11
(2) For subsection (1)(e), the local government must have regard 12
to the travel permits, grazing permits and grazing authorities 13
that have been issued to use the proposed area for stock before 14
the proposed period starts. 15
(3) For subsection (1)(f), the local government must have regard 16
to the applications it reasonably expects to receive for travel 17
permits, grazing permits or grazing authorities to use the 18
proposed area for stock after the proposed period ends. 19
(4) Also, if the proposed area includes a State-controlled road, the 20
local government may grant the application only if the use of 21
the road for grazing is approved, with or without conditions, 22
by the road transport chief executive. 23
(5) A condition of an approval mentioned in subsection (4) can 24
only be about road-related matters. 25
212 Priority for deciding application for accessible grazing 26
area 27
(1) This section applies to an application for a grazing authority 28
for an accessible grazing area if-- 29
(a) the local government receives 2 or more applications for 30
grazing authorities for-- 31
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(i) the same, or the same part of, the road (the 1
relevant area); and 2
(ii) the same, or the same part of, the proposed period 3
(the relevant period); and 4
(b) the local government has not already decided an 5
application for a grazing authority for the relevant area 6
or the relevant period. 7
(2) If 1 of the applicants is a preferred applicant, the local 8
government must decide the preferred applicant's application 9
first. 10
(3) If none of the applicants is a preferred applicant and the local 11
government considers a person could apply as a preferred 12
applicant for a grazing authority for the accessible grazing 13
area, the local government may give the person a written 14
invitation stating-- 15
(a) the local government has received an application for a 16
grazing authority for the accessible grazing area; and 17
(b) the person may apply for a grazing authority for the area 18
within a period of at least 20 business days after the 19
notice is given; and 20
(c) if the person does not apply for a grazing authority 21
within the stated period, the local government will 22
decide the applications it has received. 23
(4) If the local government makes an invitation, it must defer 24
deciding the applications it has received until either-- 25
(a) if the person applies for a grazing authority for the 26
accessible grazing area in the stated period--the local 27
government decides the person's application; or 28
(b) otherwise--the end of the stated period. 29
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[s 213]
Subdivision 3 Granting application 1
213 Issuing authority 2
If the local government decides to grant the application, it 3
must-- 4
(a) issue a grazing authority in the approved form; and 5
(b) give the applicant-- 6
(i) the grazing authority; and 7
(ii) if the local government decides to impose 8
conditions on the grazing authority under section 9
210(1)(b) or issue the grazing authority on the 10
condition mentioned in section 210(2)--a review 11
notice about the decision; and 12
(c) give the chief executive a copy of the grazing authority. 13
Subdivision 4 Refusing or failing to decide 14
application 15
214 Decision to refuse to grant application 16
If the local government decides to refuse to grant an 17
application for a grazing authority, it must immediately give 18
the applicant a review notice about the decision. 19
215 Failure to decide application 20
(1) This section applies if a local government fails to decide the 21
application within the latest of the following periods to end-- 22
(a) within 10 business days after the application is made; 23
(b) if the local government has requested additional 24
information or a document under section 209-- 25
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[s 216]
(i) the end of 5 business days after the information or 1
document is received; or 2
(ii) the end of 5 business days after the end of the 3
information period. 4
(2) The failure to decide is taken to be a decision by the local 5
government to refuse the application for which the applicant 6
is taken to be entitled to have been given a review notice under 7
section 214. 8
216 Refund of application fee 9
(1) This section applies if a local government refuses an 10
application for a grazing authority (the refused application) 11
because it has granted another application for a grazing 12
authority for all or part of the proposed area or proposed 13
period to which the refused application related. 14
(2) The local government must refund the application fee paid for 15
the refused application. 16
Division 3 Authority contents 17
217 Contents of grazing authority 18
(1) A grazing authority must state each of the following-- 19
(a) the period (the authority period) for which it is in force; 20
(b) a description of the land (the authority area) where the 21
stock can graze under the authority; 22
(c) the level of pasture in the authority area that must be 23
kept for travelling stock; 24
(d) a description of any stock facilities available for the use 25
of the stock under the grazing authority; 26
(e) if the authority holder is required under a condition of 27
the grazing authority to maintain a stock facility, the 28
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[s 218]
requirements (the maintenance requirements) for 1
maintaining the stock facility; 2
(f) the mandatory conditions under section 218; 3
(g) any conditions imposed under section 210(1)(b); 4
(h) the authority fee. 5
(2) For subsection (1)(e), if the authority holder has entered into a 6
water facility agreement to maintain a water facility for the 7
use of stock under the grazing authority, the maintenance 8
requirements for the water facility may apply, adopt or 9
incorporate the requirements for maintaining the water facility 10
under the water facility agreement. 11
218 Mandatory conditions 12
(1) Each of the following are mandatory conditions for a grazing 13
authority for stock-- 14
(a) the authority area may be used only for grazing stock 15
under the authority; 16
(b) the stock may graze only within the authority area; 17
(c) the stock must not be allowed to damage road transport 18
infrastructure or the surface of a formed road; 19
(d) if the authority area is not enclosed, the authority holder 20
must ensure the stock are enclosed or supervised; 21
(e) appropriate signage to warn members of the public 22
about the presence of the stock must be clearly 23
displayed while the stock are grazing under the 24
authority; 25
(f) pasture in the authority area must not be reduced below 26
a level reasonably likely to be required for travelling 27
stock during and after the authority period; 28
(g) any declared pest plants in the authority area must be 29
kept under control; 30
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(h) if the boundary of the authority area, other than a 1
State-controlled road, is fenced with a stock-proof 2
fence, whether or not erected by the authority holder, the 3
authority holder must ensure-- 4
(i) an adequate number of gates are installed at 5
appropriate places on the fence to allow stock to 6
access the authority area; and 7
(ii) the gates remain unlocked during the authority 8
period; and 9
(iii) the fencing is maintained in a stock-proof 10
condition during the authority period; 11
(i) reasonable care must be taken to avoid damaging any 12
stock facilities in the authority area or available for use 13
by the stock grazing under the authority; 14
(j) if stock (the priority stock) are authorised to travel or 15
graze in the authority area under a travel permit or unfit 16
stock permit, the priority stock must be allowed to use 17
the authority area in priority to the stock under the 18
grazing authority; 19
(k) the authority holder must pay the authority fee within 20
the period prescribed under a regulation; 21
(l) adequate public risk insurance must be maintained for 22
the activities carried out under the authority; 23
(m) the authority is not transferable; 24
(n) subject to sections 223(3) and 245 the stock must be 25
removed from the authority area at the end of the 26
authority period; 27
(o) as directed by the local government, any improvements 28
installed in the authority area must be removed at the 29
end of the authority period. 30
(2) Also, the mandatory conditions include each of the 31
following-- 32
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[s 219]
(a) if a conditional use area declaration is in force for land 1
in the authority area--the declared usage conditions; 2
(b) if the authority area includes a special management 3
area--the special management conditions for the special 4
management area; 5
(c) if the authority area includes a State-controlled road, 6
any conditions approved under section 211(4). 7
219 Local government to give notice of use of an authority 8
area under travel permit 9
(1) This section applies if part of an authority area is required for 10
the use of stock under a travel permit or unfit stock permit in 11
the authority period. 12
(2) The local government must give the holder of the grazing 13
authority a written or oral notice stating-- 14
(a) that a travel permit or unfit stock permit has been 15
granted for stock to use the stated part of the authority 16
area; and 17
(b) the period (the usage period) in which the stock will be 18
using the part of the authority area under the travel 19
permit or unfit stock permit; and 20
(c) the authority holder must remove stock grazing under 21
the authority from the part of the authority area during 22
the usage period. 23
(3) The notice-- 24
(a) must be given no later than 48 hours before the usage 25
period starts; and 26
(b) if it is given orally--must be confirmed in writing as 27
soon as practicable after it is given. 28
(4) A failure to comply with this section does not invalidate or 29
otherwise affect the condition of the grazing authority 30
mentioned in section 218(1)(j). 31
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[s 220]
Division 4 Authority period 1
220 Authority period 2
(1) The authority period for a grazing authority must be-- 3
(a) more than 3 months; and 4
(b) no more than the following-- 5
(i) if the authority area includes part of a primary 6
stock route or a primary reserve--1 year; 7
(ii) otherwise--5 years. 8
(2) A grazing authority takes effect from-- 9
(a) the day it is issued; or 10
(b) if the authority period starts on a later day stated in 11
it--the later day. 12
(3) A grazing authority remains in force, unless it is sooner 13
cancelled, for the authority period stated in it. 14
(4) To remove any doubt, it is declared that if a grazing authority 15
is issued for an authority area including a part of a stock route 16
or reserve for travelling stock adjoining a stock route and the 17
classification of the stock route is later changed, the authority 18
period is not affected by the change. 19
Division 5 Authority fee 20
221 Authority fee payable 21
The holder of a grazing authority must pay the issuing local 22
government the fee prescribed under a regulation (the 23
authority fee) for each day of the following period-- 24
(a) if the authority period is no more than 1 year--the 25
authority period; 26
(b) otherwise-- 27
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[s 222]
(i) each year of the authority period; and 1
(ii) for any remaining parts of the authority period that 2
are less than 1 year. 3
Division 6 Renewal of authority 4
Subdivision 1 Renewal without application 5
222 Local government may renew grazing authority 6
(1) This section applies to a grazing authority for an authority 7
period of no more than 1 year. 8
(2) The local government may renew the grazing authority under 9
this section only if-- 10
(a) the holder of the authority-- 11
(i) has not applied to surrender the authority under 12
section 234; and 13
(ii) has not advised the local government that the 14
holder intends not to renew the authority; and 15
(iii) has not made an application to amend the authority 16
under part 4, division 2; and 17
(b) the local government-- 18
(i) does not consider the holder has contravened a 19
condition of the authority; and 20
(ii) does not propose to amend the authority under 21
section 231. 22
(3) If the local government decides to renew the grazing authority 23
under subsection (2), it must-- 24
(a) give the holder a grazing authority in the approved form; 25
and 26
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[s 223]
(b) give the chief executive a copy of the renewed grazing 1
authority. 2
(4) The renewed grazing authority may be issued only for the 3
same authority period and on the same conditions as the 4
grazing authority for the preceding authority period. 5
(5) The renewal takes effect from the day stated in the renewed 6
grazing authority. 7
Subdivision 2 Renewal on application 8
223 Application for renewal 9
(1) The holder of a grazing authority may apply to the local 10
government to renew the authority. 11
(2) The application must be made in the approved form before the 12
authority period ends. 13
(3) The grazing authority remains in force until the applicant has 14
been notified of the local government's decision on the 15
application. 16
(4) If the grazing authority is renewed, the applicant must pay the 17
local government the authority fee. 18
224 Deciding application 19
The local government must consider the application and 20
decide to-- 21
(a) grant it; or 22
(b) grant it and impose conditions on the grazing authority, 23
as well as the mandatory conditions; or 24
(c) refuse it. 25
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[s 225]
225 Criteria for deciding all applications 1
The local government may grant the application only if 2
satisfied-- 3
(a) the applicant has-- 4
(i) paid the authority fees payable under the authority; 5
and 6
(ii) complied with the conditions of the authority; and 7
(b) the authority area is not degraded; and 8
(c) there is likely to be enough pasture and water available 9
to sustain the stock for the authority period of the 10
renewed authority. 11
226 Issuing renewed authority 12
(1) If the local government decides to grant the application, it 13
must give the applicant-- 14
(a) a grazing authority in the approved form; and 15
(b) if the local government decides to impose conditions on 16
the authority--a review notice about the decision. 17
(2) The renewal takes effect from the day stated in the renewed 18
grazing authority. 19
(3) The local government must give the chief executive a copy of 20
the renewed grazing authority. 21
227 Refusing application 22
If the local government decides to refuse the application, it 23
must immediately give the applicant a review notice about the 24
decision. 25
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Part 4 Amending permits and authorities
[s 228]
Part 4 Amending permits and 1
authorities 2
Division 1 Required amendments 3
228 Permit or authority holder to give notice of correct 4
particulars 5
(1) This section applies if, because of a change in circumstances, 6
any of the following particulars contained in a grazing permit 7
or grazing authority is no longer correct-- 8
(a) the permit or authority holder's name and contact 9
address or telephone number; 10
(b) the name of the person in charge of the stock under the 11
permit; 12
(c) other information prescribed under a regulation. 13
(2) The grazing permit or grazing authority holder must, within 14
10 business days after the change happens, give notice of the 15
correct particular to the issuing local government. 16
Maximum penalty--50 penalty units. 17
(3) On receiving the notice the local government must amend the 18
grazing permit or grazing authority to show the correct 19
particulars. 20
Division 2 Amendment by application 21
229 Application to amend grazing permit or authority 22
(1) The holder of a grazing permit or grazing authority may apply 23
to the issuing local government to change a part of the permit 24
or authority, other than a condition of the permit or authority. 25
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Chapter 5 Grazing stock
Part 4 Amending permits and authorities
[s 230]
Example of a change other than a condition-- 1
a change of the description of permitted stock under a grazing permit 2
(2) The application must-- 3
(a) be made before the permit period ends; and 4
(b) be in the approved form; and 5
(c) identify the part of the grazing permit or grazing 6
authority sought to be changed; and 7
(d) be accompanied by the fee prescribed under a 8
regulation. 9
230 Decision on application 10
(1) The local government must consider the application and 11
decide to-- 12
(a) grant it and make the change applied for; or 13
(b) grant it but make a different change; or 14
(c) refuse it. 15
(2) If the local government decides to grant the application it 16
must give the applicant-- 17
(a) the grazing permit or grazing authority as amended in 18
the approved form; and 19
(b) if it decides to refuse the application or change the 20
permit or authority in a different way--a review notice 21
about the decision. 22
(3) If the local government fails to decide the application within 3 23
business days after receiving it-- 24
(a) the failure is taken to be a decision by the local 25
government to refuse the application; and 26
(b) the applicant is entitled to be given a review notice by 27
the local government for the decision. 28
Page 165
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Chapter 5 Grazing stock
Part 4 Amending permits and authorities
[s 231]
Division 3 Amendment by local government 1
231 Local government may amend grazing permit or authority 2
This division applies if-- 3
(a) after a grazing permit or grazing authority is issued-- 4
(i) a closed area declaration or conditional use area 5
declaration is made for land in the permit area or 6
authority area; or 7
(ii) a special management condition for the use of land 8
in the permit area takes effect; or 9
(iii) there is another material change in circumstances; 10
and 11
Example of a material change in circumstances-- 12
a disruption to the water supply in the permit area for a 13
grazing permit causing significant decrease in the capacity 14
of the permit area to support the permitted stock 15
(b) the issuing local government considers-- 16
(i) it is necessary to amend the permit or authority 17
because of the declaration, condition or change in 18
circumstances; and 19
Examples of amendments-- 20
· reducing the number of stock that can graze under the 21
permit or authority 22
· changing the permit area or authority area 23
· changing the permit period or authority period 24
(ii) if the permit or authority were amended, stock 25
could graze under the permit or authority, as 26
amended, under any amended permit or authority 27
conditions and this Act. 28
Page 166
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Chapter 5 Grazing stock
Part 4 Amending permits and authorities
[s 232]
232 Notice and taking effect of decision 1
(1) The local government must give the grazing permit or grazing 2
authority holder a notice (an amendment notice)-- 3
(a) stating-- 4
(i) the decision to amend the permit or authority; and 5
(ii) if the permit fee needs to be adjusted because of 6
the amendment--the adjustment of the fee; and 7
(iii) the day (the effective day), at least 3 business days 8
after the notice is given, that the amendment takes 9
effect; and 10
(b) accompanied by-- 11
(i) the amended permit or authority; and 12
(ii) if the permit fee has been adjusted, either-- 13
(A) a notice requiring payment of the balance of 14
the adjusted permit fee on or after the 15
effective day; or 16
(B) a refund of the adjusted permit fee; and 17
(iii) a review notice for the decision; and 18
(2) The grazing permit or grazing authority is amended from the 19
day stated in the amendment notice. 20
Division 4 Replacement of grazing permits or 21
authorities 22
233 Issuing replacement permit or authority 23
(1) If a grazing permit or grazing authority is amended under this 24
part, the issuing local government may, by notice, require the 25
permit or authority holder to return the permit or authority. 26
(2) The holder must comply with the requirement unless the 27
permit or authority has been lost, stolen or destroyed because 28
of circumstances beyond the holder's control. 29
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Chapter 5 Grazing stock
Part 5 Cancelling grazing permits and authorities
[s 234]
Maximum penalty--50 penalty units. 1
(3) On receiving the grazing permit or grazing authority, if a 2
replacement permit or authority has not already been issued, 3
the local government must-- 4
(a) issue the permit or authority holder a replacement 5
permit or authority, showing the correct particulars; and 6
(b) give the chief executive a copy of the replacement 7
permit or authority. 8
Part 5 Cancelling grazing permits and 9
authorities 10
Division 1 Surrender of grazing authority 11
234 Authority holder may apply to surrender authority 12
(1) The holder of a grazing authority may apply to the issuing 13
local government to surrender the authority. 14
(2) The application-- 15
(a) must be in the approved form; and 16
(b) can not be made within 2 months before the authority 17
period ends. 18
235 Deciding applications 19
(1) The local government must consider the application and 20
decide to-- 21
(a) grant it; or 22
(b) grant it and impose conditions on the surrender of the 23
grazing authority. 24
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Chapter 5 Grazing stock
Part 5 Cancelling grazing permits and authorities
[s 236]
(2) However, the local government may impose a condition only 1
if it considers the condition is necessary and appropriate for-- 2
(a) the surrender; or 3
(b) the use of the authority area after the grazing authority is 4
surrendered. 5
Example-- 6
a condition requiring the authority holder to remove fencing erected by 7
the authority holder in the authority area 8
236 Cancelling surrendered grazing authority 9
(1) If the local government grants the application, it must-- 10
(a) cancel the grazing authority; and 11
(b) give the holder-- 12
(i) a notice of the cancellation (the cancellation 13
notice); and 14
(ii) if it decides to impose a condition on the surrender 15
of the authority (a surrender condition)--a review 16
notice about the decision. 17
(2) The cancellation takes effect on the later of the following-- 18
(a) 1 month after the cancellation notice is given; 19
(b) if there is a surrender condition or a condition in the 20
authority relevant to the surrender--the day the 21
condition is complied with. 22
Division 2 Mandatory cancellation of grazing 23
authority 24
237 Cancellation if road closed 25
A grazing authority for an authority area including a road is 26
cancelled if the road is temporarily or permanently closed 27
under the Land Act. 28
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Chapter 5 Grazing stock
Part 5 Cancelling grazing permits and authorities
[s 238]
238 Cancellation if reserve revoked 1
A grazing authority for an authority area including a reserve 2
for travelling stock is cancelled if the dedication of the reserve 3
is revoked under the Land Act. 4
239 Cancellation if unallocated State land allocated 5
A grazing authority for an authority area including 6
unallocated State land is cancelled if the land is allocated 7
under the Land Act. 8
240 Cancellation if authority holder no longer owns or 9
occupies adjoining land 10
A grazing authority for an accessible grazing area is cancelled 11
if the authority holder stops being the owner of the land 12
adjoining the area. 13
241 No compensation payable for cancellation 14
If a grazing authority is cancelled under this division, no 15
person has a right to claim compensation from the State or a 16
local government for the cancellation. 17
Division 3 Cancellation of grazing permits and 18
authorities by local government 19
242 Grounds 20
Each of the following is a ground for an issuing local 21
government to cancel a grazing permit or grazing authority 22
if-- 23
(a) the permit or authority was issued because of a 24
materially false or misleading representation or 25
document, made either orally or in writing; 26
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Chapter 5 Grazing stock
Part 5 Cancelling grazing permits and authorities
[s 243]
(b) the permit or authority holder has not complied with a 1
condition of the permit or authority; 2
(c) there is unlikely to be enough pasture to sustain the 3
stock under the permit or authority for the rest of the 4
permit period or authority period; 5
(d) for a grazing permit or grazing authority under which 6
the holder is authorised to use a water facility--there is 7
unlikely to be enough water to sustain the stock for the 8
rest of the permit period; 9
(e) a closed area declaration, conditional use area 10
declaration or special management area declaration has 11
been made, or a special management condition is in 12
force, for land in the permit area or authority area, and 13
the local government considers-- 14
(i) it is necessary to cancel the permit or authority 15
because of the declaration or condition; and 16
(ii) it is not practicable to amend the permit or 17
authority under section 231. 18
243 Procedure 19
(1) This section applies if the issuing local government-- 20
(a) considers a ground for cancelling a grazing permit or 21
grazing authority exists under section 242; and 22
(b) decides to cancel the permit or authority. 23
(2) The local government must give the grazing permit or grazing 24
authority holder a notice (a cancellation notice) stating each 25
of the following-- 26
(a) that the permit or authority is cancelled; 27
(b) the grounds for the cancellation; 28
(c) the facts and circumstances that are the basis for the 29
grounds; 30
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Chapter 5 Grazing stock
Part 5 Cancelling grazing permits and authorities
[s 244]
(d) the permit or authority holder must remove the 1
permitted stock or stock grazing under the authority 2
from the permit area or authority area within a stated 3
period (the removal period) of at least 3 days after the 4
notice is given; 5
(e) if the stock are not removed from the permit area or 6
authority area in the removal period, an authorised 7
person may seize the stock under section 113. 8
(3) The cancellation notice must include or be accompanied by a 9
review notice for the decision. 10
(4) The cancellation has effect-- 11
(a) at the end of the removal period; or 12
(b) any later day stated in the cancellation notice. 13
Division 4 Other provisions 14
244 Application of div 4 15
This division applies if a grazing permit or grazing authority 16
is cancelled under this part. 17
245 Holder of cancelled permit or authority required to 18
remove stock 19
The permit or authority holder must ensure the permitted 20
stock or stock under the authority are removed from the 21
permit area or authority area before the cancellation has 22
effect. 23
246 Refund of permit fee 24
(1) This section applies if-- 25
(a) a grazing permit holder has paid the permit fee; and 26
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Chapter 5 Grazing stock
Part 6 Direction notice for unauthorised grazing in accessible grazing areas
[s 247]
(b) the permitted stock are removed from the permit area 1
under section 245 before the permit period ends. 2
(2) The local government must refund to the grazing permit 3
holder the amount of the permit fee that is proportionate to the 4
remainder of the permit period after the stock are removed. 5
247 Refund of part of authority fee 6
(1) This section applies if-- 7
(a) a grazing authority holder has paid the authority fee for 8
a particular year (the relevant year); and 9
(b) the stock under the authority are removed from the 10
authority area under section 245 before the relevant year 11
ends. 12
(2) The local government must refund to the grazing authority 13
holder the amount of the authority fee that is proportionate to 14
the remainder of the relevant year after the stock are removed. 15
Part 6 Direction notice for 16
unauthorised grazing in 17
accessible grazing areas 18
248 Application of pt 6 19
This part applies to a direction notice given, under chapter 8, 20
part 5, by an authorised person of a local government to the 21
owner of land adjoining an accessible grazing area for a 22
contravention of section 297. 23
249 Contents of direction notice 24
(1) The direction notice must state each of the following steps 25
(each a relevant alternative step) the landowner may take to 26
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 6 Direction notice for unauthorised grazing in accessible grazing areas
[s 250]
remedy the contravention, or avoid further contravention, of 1
section 297-- 2
(a) applying for a grazing authority under section 251 3
(alternative 1); 4
(b) restoring or erecting a stock-proof fence on the 5
boundary or part of the boundary of the accessible 6
grazing area and adjoining land under section 252; 7
(c) removing the stock to which the contravention relates 8
under section 253. 9
(2) However, the direction notice need not include alternative 1 10
if-- 11
(a) a grazing authority to graze stock in the accessible 12
grazing area could not be issued under part 3; or 13
(b) both of the following apply-- 14
(i) the landowner or an associate of the landowner has 15
applied for a grazing authority for the accessible 16
grazing area that has been refused; 17
(ii) the authorised person considers there has been no 18
change in circumstances that would increase the 19
likelihood of an application by the landowner for a 20
grazing authority for the area being granted. 21
(3) The direction notice may also include or be accompanied by a 22
statement (a grazing fee liability statement) of the effect of 23
section 258 and that the landowner must pay a grazing fee 24
under that section. 25
250 Direction to give undertaking to take a relevant 26
alternative step 27
The direction notice must include a direction that the 28
landowner must, within a stated period of at least 10 business 29
days, give the local government an undertaking in the 30
approved form to take one of the relevant alternative steps 31
stated in the notice. 32
Page 174
Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 6 Direction notice for unauthorised grazing in accessible grazing areas
[s 251]
251 Directions for applying for grazing authority 1
(1) This section applies if the direction notice states the 2
landowner can apply for a grazing authority. 3
(2) The direction notice must include directions that the 4
landowner-- 5
(a) apply for the grazing authority within a stated period of 6
at least 1 month; and 7
(b) take all necessary and reasonable steps to-- 8
(i) give the local government a properly made 9
application; and 10
Example-- 11
paying the application fee 12
(ii) help the local government to decide the 13
application. 14
Example-- 15
complying with any request for further information 16
252 Directions for restoring or erecting stock-proof fence 17
(1) The direction notice must include directions that the 18
landowner-- 19
(a) if, and to the extent, there is a restorable fence on the 20
boundary or part of the boundary of the accessible 21
grazing area and adjoining land--restore the fence to a 22
stock-proof condition on the boundary or stated part of 23
the boundary; and 24
(b) to the extent paragraph (a) does not apply--erect a 25
stock-proof fence on the boundary or stated part of the 26
boundary; and 27
(c) start the restoration or erection within a stated period of 28
at least 1 month; and 29
(d) use materials of a stated type or description for the 30
restoration or erection; and 31
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 6 Direction notice for unauthorised grazing in accessible grazing areas
[s 253]
(e) finish the restoration or erection within a stated period 1
of at least 3 months; and 2
(f) when the restoration or erection is finished-- 3
(i) tell the local government the restoration or erection 4
is finished; and 5
(ii) allow an authorised person to inspect the fence. 6
(2) In this section-- 7
restorable fence means a fence that-- 8
(a) is not a stock-proof fence; and 9
(b) the authorised person considers can be restored to a 10
stock-proof condition. 11
253 Directions for removing stock from accessible grazing 12
area 13
The direction notice must include directions that the 14
landowner must-- 15
(a) remove the stock to which the contravention relates 16
from the accessible grazing area within a stated period 17
of at least 1 month; and 18
(b) give the local government a notice in the approved form 19
stating-- 20
(i) the stock have been removed from the accessible 21
grazing area; and 22
(ii) the actions the landowner will take to prevent stock 23
from re-entering the area. 24
Examples of actions-- 25
· relocating the stock to a stated place away from the 26
area 27
· grazing the stock on other stated land that is enclosed 28
Page 176
Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 254]
254 Compliance with direction notice 1
The landowner can comply with the direction notice only 2
by-- 3
(a) giving the local government an undertaking under 4
section 250 to take a relevant alternative step stated in 5
the notice; and 6
(b) taking the relevant alternative step under section 251, 7
252 or 253, as relevant. 8
Part 7 Grazing fees for unauthorised 9
grazing in accessible grazing 10
areas 11
Division 1 Preliminary 12
255 Operation of pt 7 13
This part provides for-- 14
(a) the liability of the owner of land adjoining an accessible 15
grazing area to pay a grazing fee for allowing stock to 16
graze in the area in contravention of section 297; and 17
(b) payment of the fee. 18
256 What is the grazing fee 19
The grazing fee is the fee for grazing stock for a period 20
prescribed under a regulation for an amount that is no more 21
than the authority fee for the period. 22
Page 177
Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 257]
Division 2 Grazing fee payable under direction 1
notice 2
257 Application of div 2 3
This division applies if the landowner is given a direction 4
notice under part 6 that is accompanied by or includes a 5
grazing fee liability statement. 6
258 Grazing fee payable 7
(1) This section is subject to section 260. 8
(2) The landowner must pay the grazing fee for the stock to graze 9
in the accessible grazing area from the day the landowner is 10
given the direction notice until the day 1 of the following (a 11
relevant event) happens-- 12
(a) if the landowner applies for a grazing authority for the 13
area under section 251-- 14
(i) the application is decided; or 15
(ii) the application is not decided within the relevant 16
period under section 215; 17
(b) if the landowner restores or erects a stock-proof fence 18
on the relevant boundary--an authorised person is 19
reasonably satisfied the fence has been restored or 20
erected under the direction notice; 21
(c) if the landowner removes the stock from the area--the 22
stock are removed. 23
259 Grazing fee payment notice 24
(1) As soon as practicable after an authorised person becomes 25
aware that a relevant event has happened, the authorised 26
person must give the landowner a notice (the grazing fee 27
payment notice) stating the following-- 28
(a) the relevant event; 29
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 260]
(b) the day it happened; 1
(c) the amount of the grazing fee the authorised person 2
considers is payable under section 258 and how the 3
amount has been worked out; 4
(d) subject to paragraph (e), the day, at least 10 business 5
days after the grazing fee payment notice is issued, 6
when the grazing fee must be paid; 7
(e) that the grazing fee payment notice is stayed under 8
section 260 if the landowner has applied for review of 9
the decision to issue the direction notice; 10
(f) that the landowner may apply to the chief executive 11
officer to review the stated amount of the grazing fee on 12
the ground mentioned in subsection (3); 13
(g) subject to paragraph (e), that the landowner must pay 14
the grazing fee even if the landowner applies for a 15
review of the stated amount of the grazing fee. 16
(2) The grazing fee payment notice must be accompanied by or 17
include a review notice about the amount of the grazing fee 18
stated in the grazing fee payment notice. 19
(3) The landowner may apply for a review of the stated amount of 20
the grazing fee only on the ground that the amount is wrong 21
because the stock were not grazed in the accessible grazing 22
area for the period for which the grazing fee has been worked 23
out. 24
260 Stay of operation of grazing fee payment notice for review 25
If the landowner applies to QCAT for review of the decision to 26
issue the direction notice, the grazing fee payment notice-- 27
(a) is stayed until QCAT decides the application; and 28
(b) otherwise has effect subject to QCAT's decision and any 29
orders made by QCAT. 30
Page 179
Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 261]
Division 3 Grazing fee payable on later 1
inspection 2
261 Application of div 3 3
This division does not apply if division 2 applies. 4
262 Notice of liability for grazing fee 5
(1) This section applies if an authorised person-- 6
(a) inspects an accessible grazing area; and 7
(b) is reasonably satisfied that the owner of the land 8
adjoining the area is allowing stock to graze in the area 9
in contravention of section 297. 10
(2) The authorised person may give the landowner a notice (the 11
grazing fee liability notice) stating each of the following-- 12
(a) that the authorised person has carried out an inspection 13
of the accessible grazing area on a stated day and is 14
satisfied on reasonable grounds that the landowner is 15
allowing stock to graze in the area in contravention of 16
section 297; 17
(b) the grounds on which the authorised person is satisfied 18
of the contravention; 19
(c) the facts and circumstances that are the basis for the 20
grounds; 21
(d) the effect of section 263 and that the landowner may 22
become liable to pay a grazing fee under that section. 23
263 Grazing fee and reasonable inspection costs payable 24
(1) This section applies if-- 25
(a) an accessible grazing area has been inspected under 26
section 262(1) (the previous inspection) and the 27
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 264]
landowner has been given a grazing fee liability notice; 1
and 2
(b) an authorised person-- 3
(i) inspects the area (the later inspection) within 3 4
months after the previous inspection; and 5
(ii) is reasonably satisfied that the landowner is 6
allowing stock to graze in the area in contravention 7
of section 297. 8
(2) The authorised person may give the landowner a notice (also 9
the grazing fee payment notice) complying with section 264. 10
(3) Subject to section 265, the landowner must pay-- 11
(a) the grazing fee for the stock grazing on the accessible 12
grazing area from the day the landowner was given the 13
grazing fee liability notice until the day the later 14
inspection was carried out; and 15
(b) the costs of the authorised person reasonably incurred in 16
carrying out the later inspection. 17
264 Content of grazing fee payment notice 18
(1) The grazing fee payment notice must state the following-- 19
(a) that the landowner was given a grazing fee liability 20
notice on a stated day for grazing stock in the accessible 21
grazing area in contravention of section 297; 22
(b) since the grazing liability notice was issued, the 23
authorised person has carried out a later inspection of 24
the area on a stated day and is reasonably satisfied that 25
the landowner is allowing stock to graze in the area in 26
contravention of section 297; 27
(c) the grounds on which the authorised person is satisfied 28
of the contravention; 29
(d) the facts and circumstances that are the basis for the 30
grounds; 31
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 264]
(e) the amount of the grazing fee and reasonable costs the 1
authorised person considers are payable under section 2
263(3)(a) and (b) and how the amounts have been 3
worked out; 4
(f) subject to paragraph (g), the day, at least 1 month after 5
the notice is issued, when the grazing fee must be paid; 6
(g) that the notice is stayed under section 265 if the 7
landowner has applied for review of the decisions to 8
issue the grazing fee payment notice and grazing fee 9
liability notice to which the grazing fee payment notice 10
relates; 11
(h) that the landowner may apply to the chief executive 12
officer to review-- 13
(i) the stated amount of the grazing fee on the ground 14
mentioned in subsection (3); or 15
(ii) the stated amount of the costs on the ground 16
mentioned in subsection (4); 17
(i) subject to paragraph (g), that the landowner must pay 18
the grazing fee and costs even if the landowner applies 19
for a review of the stated amount of the grazing fee or 20
costs. 21
(2) The grazing fee payment notice must be accompanied by or 22
include-- 23
(a) an information notice about the decisions to issue the 24
grazing fee payment notice and grazing fee liability 25
notice to which the grazing fee payment notice relates; 26
and 27
(b) a review notice about the amounts of the grazing fee and 28
costs stated in the grazing fee payment notice. 29
(3) The landowner may apply for a review of the stated amount of 30
the grazing fee only on the ground that the amount is wrong 31
because the stock were not grazed in the accessible grazing 32
area for the period for which the grazing fee has been worked 33
out. 34
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Stock Route Network Management Bill 2011
Chapter 5 Grazing stock
Part 7 Grazing fees for unauthorised grazing in accessible grazing areas
[s 265]
(4) The landowner may apply for a review of the stated amount of 1
the reasonable costs in carrying out the later inspection only 2
on the ground that the amount is not reasonable. 3
265 Stay of operation of grazing fee payment notice for review 4
If the landowner applies to QCAT for a review of the 5
decisions to issue the grazing fee payment notice and grazing 6
fee liability notice to which the grazing fee payment notice 7
relates, the grazing fee payment notice-- 8
(a) is stayed until QCAT decides the application; and 9
(b) otherwise has effect subject to QCAT's decision and any 10
orders made by QCAT. 11
Division 4 Other matters 12
266 When grazing fee and costs are payable 13
(1) Subject to sections 260 and 265 and subsection (2), a 14
landowner given a grazing fee payment notice must pay 15
within the period stated in the notice-- 16
(a) the grazing fee; and 17
(b) for a grazing fee payment notice under section 263(2), 18
the costs of the later inspection under section 263(3)(b). 19
(2) If the grazing fee payment notice is stayed under section 260 20
or 265 and is later in force, the landowner must pay the 21
grazing fee and, if relevant, the costs of the later inspection, 22
within 10 business days after the stay stops applying. 23
267 Grazing fee does not confer authorisation or right to 24
graze 25
To remove any doubt, it is declared that a requirement to pay, 26
or the payment of, a grazing fee or costs under this part-- 27
Page 183
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 1 Permit for harvesting
[s 268]
(a) is not, and is not equivalent to, a permit, authority or 1
other authorisation to graze stock; and 2
(b) does not confer a right to graze stock. 3
Chapter 6 Harvesting pasture 4
Part 1 Permit for harvesting 5
268 What does a harvesting permit authorise 6
A permit for harvesting pasture authorises the holder of the 7
permit to harvest pasture in a designated area on the stock 8
route network or public (stock access) land under the 9
conditions of the permit. 10
Part 2 Application for harvesting 11
permit 12
Division 1 Making land available for harvesting 13
269 Local government may make land available 14
(1) A local government may from time to time make land in its 15
management area available for harvesting but only if-- 16
(a) the land is not subject to-- 17
(i) a lease or permit under the Land Act; or 18
(ii) a grazing authority; or 19
Page 184
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 2 Application for harvesting permit
[s 269]
(iii) a licence to get, or a permit to sell, forest products 1
under the Forestry Act 1959; and 2
(b) the chief executive-- 3
(i) has assessed the risk of fire affecting the land in the 4
period (the harvesting season) in which the local 5
government proposes to make the land available 6
for harvesting; and 7
(ii) having regard to the risk-- 8
(A) considers the land should be used for 9
harvesting in preference to driving or grazing 10
stock during the harvesting season; and 11
(B) has approved the use of the land for 12
harvesting during the harvesting season; and 13
(c) for land that is a State-controlled road, the road transport 14
chief executive has approved the use of the land for 15
harvesting; and 16
(d) issuing a harvesting permit for the land would not 17
contravene a declared usage condition or a special 18
management condition; and 19
(e) the local government considers-- 20
(i) the land contains more pasture than is likely to be 21
needed for travelling stock in the area; and 22
(ii) harvesting pasture on the land is not likely to-- 23
(A) reduce the level of pasture below a level 24
reasonably likely to be required for travelling 25
stock; or 26
(B) cause a loss of biodiversity or cultural 27
heritage on or relating to the land. 28
(2) For subsection (1)(e)(i) and (ii)(A), the local government must 29
have regard to-- 30
Page 185
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 2 Application for harvesting permit
[s 270]
(a) any travel permits, grazing permits or grazing 1
authorities that have been issued for future use of the 2
land; and 3
(b) the applications it reasonably expects to receive for 4
travel permits, grazing permits or grazing authorities for 5
the land. 6
(3) For subsection (1) the local government must have regard to-- 7
(a) if it has a local management plan--the management 8
plan; or 9
(b) otherwise--the strategies for pasture management 10
approved under the State management plan. 11
270 Public notice of availability of land 12
(1) The local government may publish a notice (a public notice) 13
about the availability of land for harvesting under section 269 14
in a newspaper circulating generally in the local government 15
area. 16
(2) The notice must state-- 17
(a) details sufficient to identify the available land; and 18
(b) that a person may apply for a harvesting permit for all or 19
part of the land within a period of at least 10 business 20
days after the notice is published; and 21
(c) the conditions on which a harvesting permit for the land 22
or part must be granted. 23
Division 2 Applying for permit 24
271 Application for permit 25
(1) A person may apply to a local government for a permit to 26
harvest pasture on land made available under section 269 in 27
response to a public notice. 28
Page 186
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 2 Application for harvesting permit
[s 272]
(2) The application must-- 1
(a) be in the approved form; and 2
(b) show the area (the proposed area) where pasture is to be 3
harvested under the permit; and 4
(c) state the period (the proposed period) in which pasture 5
is to be harvested under the permit; and 6
(d) be accompanied by the fee prescribed under a 7
regulation. 8
272 Additional information for application 9
(1) The local government may, by notice, ask the applicant to 10
give the local government further reasonable information or 11
documents about the application in the following period (the 12
information period)-- 13
(a) the period of at least 3 business days stated in the notice; 14
(b) any longer period agreed between the local government 15
and the applicant. 16
(2) The local government may refuse the application if the 17
applicant does not give the local government the information 18
or documents in the information period, without reasonable 19
excuse. 20
273 Deciding application 21
The local government must consider the application and 22
decide to-- 23
(a) grant it; or 24
(b) grant it and impose conditions on the permit, as well as 25
the mandatory conditions; or 26
(c) refuse it. 27
Page 187
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 2 Application for harvesting permit
[s 274]
274 Criteria for deciding application 1
(1) The local government may grant the application only if 2
satisfied of the following-- 3
(a) the proposed area is not expected to be subject to a 4
grazing permit, grazing authority or another harvesting 5
permit in the proposed period; 6
(b) harvesting pasture in the proposed area is not likely to-- 7
(i) introduce a declared pest to, or spread a declared 8
pest within, the area; or 9
(ii) cause, or significantly increase the extent of, land 10
degradation; or 11
(iii) present an unreasonable risk to the safety of road 12
users; or 13
(iv) adversely affect a special management area; or 14
(vi) reduce the level of the pasture in the proposed area 15
below a level reasonably likely to be required for 16
the use of travelling stock after the proposed period 17
ends; 18
(c) the applicant has or can obtain adequate public risk 19
insurance for the activities to which the application 20
relates; 21
(d) another matter prescribed under a regulation. 22
(2) If the proposed area includes a State-controlled road, the local 23
government may grant the application only if the use of the 24
area for harvesting is approved, with or without conditions, by 25
the road transport chief executive. 26
(3) A condition of an approval mentioned in subsection (2) can 27
only be about road-related conditions. 28
275 Issuing permit 29
If the local government decides to grant the application, it 30
must-- 31
Page 188
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 2 Application for harvesting permit
[s 276]
(a) issue the harvesting permit in the approved form; and 1
(b) give the applicant-- 2
(i) the permit; and 3
(ii) if the local government decides to impose a 4
condition on the permit under section 273(b)--a 5
review notice about the decision; and 6
(c) give the chief executive a copy of the permit. 7
276 Refusing application 8
If the local government decides to refuse the application it 9
must immediately give the applicant a review notice about the 10
decision. 11
277 Failure to decide application 12
(1) This section applies if a local government fails to decide the 13
application within the latest of the following periods to end-- 14
(a) within 5 business days after the application is made; 15
(b) if the local government has requested additional 16
information or a document under section 272-- 17
(i) the end of 5 business days after the information or 18
document is received; or 19
(ii) the end of 5 business days after the end of the 20
information period. 21
(2) The failure to decide is taken to be a decision by the local 22
government to refuse the application for which the applicant 23
is taken to be entitled to have been given a review notice under 24
section 276. 25
Page 189
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 3 Harvesting permits
[s 278]
Part 3 Harvesting permits 1
Division 1 Permit contents 2
278 Contents of harvesting permit 3
A harvesting permit must state each of the following-- 4
(a) the period (the permit period) for which it is in force; 5
(b) the area (the permit area) where pasture can be 6
harvested under the permit; 7
(c) the level of pasture in the permit area that must be kept 8
for travelling stock after the permit period ends; 9
(d) the mandatory conditions for the permit under section 10
279; 11
(e) any conditions imposed under section 273(b); 12
(f) if the local government issuing the permit has prescribed 13
a harvesting fee--the harvesting fee payable for 14
harvesting pasture under the permit. 15
279 Mandatory conditions 16
(1) The mandatory conditions for a harvesting permit are as 17
follows-- 18
(a) the permit area may be used only for harvesting under 19
the permit; 20
(b) pasture may be harvested only within the permit area; 21
(c) appropriate signage to warn members of the public that 22
pasture is being harvested in the permit area must be 23
clearly displayed while pasture is being harvested under 24
the permit; 25
(d) pasture in the permit area must not be reduced below a 26
level reasonably likely to be required for travelling stock 27
after the permit period; 28
Page 190
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 3 Harvesting permits
[s 280]
(e) the obligations under division 2; 1
(f) adequate public risk insurance must be maintained for 2
the activities carried out under the permit; 3
(g) the permit is not transferable. 4
(2) Also, the mandatory conditions include each of the 5
following-- 6
(a) if a conditional use area declaration is in force for land 7
in the permit area--the declared usage conditions; 8
(b) if the permit area includes a special management 9
area--the special management conditions for the special 10
management area; 11
(c) if the permit area includes a State-controlled road--any 12
conditions approved under section 274(2). 13
Division 2 Particular obligations for harvesting 14
280 Inspection and measuring of harvested pasture by 15
authorised person 16
(1) A person (the relevant person) who holds a harvest permit or 17
harvests pasture under a harvesting permit must allow an 18
authorised person to inspect and measure the pasture 19
harvested under the permit-- 20
(a) at the permit area or the relevant person's place of 21
business; and 22
(b) within-- 23
(i) 5 business days after the pasture is harvested; or 24
(ii) a longer period agreed between the authorised 25
person and relevant person. 26
Maximum penalty--10 penalty units. 27
Page 191
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 3 Harvesting permits
[s 281]
(2) The relevant person must also comply with any reasonable 1
directions given by the authorised person for carrying out the 2
inspection or measurement of the pasture. 3
Maximum penalty--10 penalty units. 4
281 Keeping record of pasture harvested 5
(1) A person who holds a harvesting permit or harvests pasture 6
under a harvesting permit must keep a written record 7
stating-- 8
(a) each day pasture is harvested under the permit; and 9
(b) the quantity of pasture harvested under the permit. 10
Maximum penalty--10 penalty units. 11
(2) The person must keep the record for 2 years after the pasture 12
is harvested. 13
Maximum penalty--10 penalty units. 14
Division 3 Permit period 15
282 Period of permit 16
The permit period for a harvesting permit can not be more 17
than 28 days. 18
283 Effect of permit 19
(1) A harvesting permit takes effect from-- 20
(a) the day it is issued; or 21
(b) if the permit period starts on a later day is stated in 22
it--the later day. 23
(2) A harvesting permit remains in force, unless it is sooner 24
cancelled, for the permit period stated in it. 25
Page 192
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 4 Amending permits
[s 284]
Division 4 Harvesting fee 1
284 Local government may prescribe harvesting fee 2
A local government may prescribe, under a resolution or local 3
law, a fee (the harvesting fee) for harvesting pasture under a 4
harvesting permit in its management area that is based on the 5
quantity of pasture harvested. 6
Part 4 Amending permits 7
Division 1 Required amendments 8
285 Permit holder to give notice of correct particulars 9
(1) This section applies if, because of a change in circumstances, 10
any of the following particulars contained in a harvesting 11
permit is no longer correct-- 12
(a) the permit holder's name and contact address or 13
telephone number; 14
(b) other information prescribed under a regulation. 15
(2) The harvesting permit holder must, within 10 business days 16
after the change happens, give notice of the correct particular 17
to the issuing local government. 18
Maximum penalty--50 penalty units. 19
(3) On receiving the notice the local government must amend the 20
harvesting permit to show the correct particulars. 21
Page 193
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 4 Amending permits
[s 286]
Division 2 Amendment by local government 1
286 Local government may amend permit 2
(1) This section applies if-- 3
(a) after a harvesting permit is issued-- 4
(i) a closed area declaration or conditional use area 5
declaration is made for land in the permit area; or 6
(ii) a special management condition for the use of land 7
in the permit area takes effect; or 8
(iii) there is another material change in circumstances; 9
and 10
(b) the issuing local government considers-- 11
(i) it is necessary to amend the permit because of the 12
declaration, condition or change in circumstances; 13
and 14
Examples of amendments-- 15
· changing the permit area 16
· changing the permit period 17
(ii) if the permit were amended, pasture could be 18
harvested under the permit, as amended, under any 19
amended permit conditions and this Act. 20
(2) The local government must give the harvesting permit holder 21
a notice (an amendment notice)-- 22
(a) stating-- 23
(i) the decision to amend the permit; and 24
(ii) the day, at least 3 business days after the notice is 25
given, that the amendment takes effect; and 26
(b) accompanied by-- 27
(i) the amended permit; and 28
(ii) a review notice for the decision. 29
Page 194
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 5 Cancelling harvesting permits
[s 287]
(3) The harvesting permit is amended from the day stated in the 1
amendment notice. 2
Division 3 Replacement of harvesting permits 3
287 Issuing replacement permit 4
(1) If a harvesting permit is amended under this division, the 5
issuing local government may, by notice, require the permit 6
holder to return the permit. 7
(2) The permit holder must comply with the requirement unless 8
the permit has been lost, stolen or destroyed because of 9
circumstances beyond the holder's control. 10
Maximum penalty--50 penalty units. 11
(3) On receiving the harvesting permit, if a replacement permit 12
has not already been issued, the local government must issue 13
the permit holder a replacement permit, showing the correct 14
particulars. 15
(4) The local government must give the chief executive a copy of 16
each replacement harvesting permit it issues. 17
Part 5 Cancelling harvesting permits 18
288 Grounds 19
Each of the following is a ground for a local government to 20
cancel a harvesting permit-- 21
(a) the permit was issued because of a materially false or 22
misleading representation or document, made either 23
orally or in writing; 24
(b) the permit holder has not complied with a condition of 25
the permit; 26
Page 195
Stock Route Network Management Bill 2011
Chapter 6 Harvesting pasture
Part 5 Cancelling harvesting permits
[s 289]
(c) a closed area declaration or conditional use area 1
declaration has been made, or a special management 2
condition is in force, for land in the permit area and the 3
local government considers-- 4
(i) it is necessary to cancel the permit because of the 5
declaration or condition; and 6
(ii) it is not practicable to amend the permit under 7
section 286. 8
289 Procedure 9
(1) This section applies if an issuing local government-- 10
(a) considers a ground for cancelling a harvesting permit 11
exists under section 288; and 12
(b) decides to cancel the permit. 13
(2) The local government must give the harvesting permit holder 14
a notice (a cancellation notice) stating each of the 15
following-- 16
(a) that the permit is cancelled; 17
(b) the grounds for the cancellation; 18
(c) the facts and circumstances that are the basis for the 19
grounds; 20
(d) the day (the cancellation day), that is at least 3 business 21
days after the notice is issued, from which the permit is 22
cancelled. 23
(3) The cancellation notice must include or be accompanied by a 24
review notice for the decision. 25
(4) The cancellation of a harvesting permit has effect on the 26
cancellation day. 27
Page 196
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 1 General restrictions
[s 290]
Chapter 7 Offences for stock route 1
network and public (stock 2
access) land 3
Part 1 General restrictions 4
290 Driving or grazing stock in contravention of declaration 5
or special management condition 6
(1) This section applies to a person who owns or is in charge of 7
stock. 8
(2) The person must not allow the stock to be driven or grazed on 9
a part of the stock route network or public (stock access) 10
land-- 11
(a) if a closed area declaration is in force for the part of the 12
network or public (stock access) land; or 13
(b) in contravention of a declared usage condition relating 14
to a conditional area declaration; or 15
(c) in contravention of a special management condition. 16
Maximum penalty--100 penalty units. 17
(3) However, subsection (2) does not apply if-- 18
(a) the stock are driven or grazed under-- 19
(i) a permit to occupy; or 20
(ii) a travel permit, unfit stock permit, grazing permit 21
or grazing authority that-- 22
(A) was issued before the closed area 23
declaration, conditional use area declaration 24
or special management condition took effect; 25
and 26
Page 197
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 1 General restrictions
[s 291]
(B) has not been amended, because of the 1
declaration or condition, under section 170 2
or 231; or 3
(b) the stock are driven on a State-controlled road in 4
compliance with the Transport Infrastructure Act 1994, 5
chapter 6, part 5, division 2, subdivision 1. 6
Editor's note-- 7
Transport Infrastructure Act 1994, chapter 6, part 5, division 2, 8
subdivision 1 (General rules for ancillary works and 9
encroachments) 10
291 Harvesting pasture in contravention of declaration or 11
special management condition 12
(1) A person must not harvest pasture on a part of the stock route 13
network or public (stock access) land-- 14
(a) if a closed area declaration is in force for the part of the 15
network or public (stock access) land; or 16
(b) in contravention of a declared usage condition relating 17
to a conditional area declaration; or 18
(c) in contravention of a special management condition. 19
Maximum penalty--200 penalty units. 20
(2) However, subsection (1) does not apply if the pasture is 21
harvested under a harvesting permit that-- 22
(a) was issued before the closed area declaration, 23
conditional use area declaration or special management 24
condition took effect; and 25
(b) has not been amended, because of the declaration or 26
condition, under section 286. 27
Page 198
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 2 Use of stock route network and public (stock access) land
[s 292]
Part 2 Use of stock route network and 1
public (stock access) land 2
Division 1 Movement of stock 3
292 Unauthorised movement of stock 4
(1) A person who owns or is in charge of stock must not drive or 5
allow the stock to be driven on a part of the stock route 6
network or public (stock access) land unless-- 7
(a) the owner, or a person authorised by the owner, holds a 8
travel permit or unfit stock (travel) permit to drive the 9
stock on the part of the network or public (stock access) 10
land; or 11
(b) the person has a reasonable excuse. 12
Maximum penalty-- 13
· for driving up to 20 head of stock--20 penalty units; 14
· for driving each head of stock in excess of 20 head up to 15
100 head of stock--1 penalty unit; 16
· for driving each 10 head and remaining head of stock in 17
excess of 100 head of stock--1 penalty unit. 18
(2) However, subsection (1) does not apply if-- 19
(a) the stock are driven on a State-controlled road under the 20
Transport Infrastructure Act 1994, chapter 6, part 5, 21
division 2, subdivision 1; or 22
(b) the stock are driven on another road under section 119. 23
293 Offence to allow stock to stray 24
A person who owns or is in charge of stock must not, without 25
a reasonable excuse, allow the stock to stray onto the stock 26
route network or public (stock access) land. 27
Page 199
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 2 Use of stock route network and public (stock access) land
[s 294]
Example of a reasonable excuse-- 1
It is a reasonable excuse if-- 2
(a) an event beyond the defendant's control, including, for 3
example, a natural disaster or an action of someone else not 4
authorised by the defendant, has destroyed or damaged a fence 5
or part of a fence; and 6
(b) before the event happened, the fence or the part of the fence 7
was stock-proof and, other than for the event, would have 8
prevented the stock from straying onto the stock route network 9
or public (stock access) land; and 10
(c) the defendant has not had a reasonable opportunity since the 11
event to arrange for the fence or the part of the fence to be 12
replaced or made stock-proof. 13
Maximum penalty-- 14
(a) for up to 20 head of stock straying--20 penalty units; 15
and 16
(b) for each head of stock in excess of 20 head up to 200 17
head of stock straying--1 penalty unit; and 18
(c) for each 10 head and remaining head of stock in excess 19
of 200 head of stock straying--1 penalty unit. 20
Division 2 Grazing of stock 21
294 Definition for div 2 22
In this division-- 23
relevant grazing authorisation means-- 24
(a) a grazing permit, grazing authority or unfit stock 25
(grazing) permit; or 26
(b) a permit to occupy; or 27
(c) a licence under the Land Act. 28
Page 200
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 2 Use of stock route network and public (stock access) land
[s 295]
295 Application of div 2 to grazing by travelling stock 1
This division does not apply to grazing by travelling stock 2
under a travel permit or unfit stock (travel) permit if-- 3
(a) the stock are grazing on the permit route; and 4
(b) the grazing does not contravene a condition of the 5
permit and is otherwise incidental to the stock's travel 6
under the permit. 7
296 Unauthorised grazing of stock 8
A person who owns or is in charge of stock must not allow the 9
stock to graze on a part of the stock route network or public 10
(stock access) land unless-- 11
(a) the owner or a person authorised by the owner holds a 12
relevant grazing authorisation to graze the stock on the 13
part of the network or public (stock access) land; or 14
(b) the person has a reasonable excuse. 15
Maximum penalty-- 16
· for allowing grazing of up to 20 head of stock--20 17
penalty units; 18
· for allowing grazing of each head of stock in excess of 19
20 head up to 100 head of stock--1 penalty unit; 20
· for allowing grazing of each 10 head and remaining 21
head of stock in excess of 100 head of stock--1 penalty 22
unit. 23
297 Landowner allowing unauthorised grazing of stock 24
(1) This section applies if-- 25
(a) a person owns land on which the person allows stock to 26
graze; and 27
(b) the land adjoins a part of the stock route network or 28
public (stock access) land. 29
Page 201
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 2 Use of stock route network and public (stock access) land
[s 298]
(2) The person must not allow the stock to graze on the part of the 1
stock route network or public (stock access) land unless-- 2
(a) the person holds a relevant grazing authorisation to 3
graze the stock on the part of the network or public 4
(stock access) land; or 5
(b) if someone else owns the stock, the owner or a person 6
authorised by the owner holds a relevant grazing 7
authorisation to graze the stock on the part of the 8
network or public (stock access) land; or 9
(c) the person has a reasonable excuse. 10
Maximum penalty-- 11
· for allowing grazing of up to 20 head of stock--20 12
penalty units; 13
· for allowing grazing of each head of stock in excess of 14
20 head up to 100 head of stock--1 penalty unit; 15
· for allowing grazing of each 10 head and remaining 16
head of stock in excess of 100 head of stock--1 penalty 17
unit. 18
298 What is and is not a reasonable excuse 19
(1) A reasonable excuse for an offence under section 296 or 20
297(2) includes, if-- 21
(a) an event beyond the control of the defendant has 22
destroyed or damaged a fence or part of a fence; and 23
Examples of an event-- 24
· a natural disaster 25
· an action of someone other than the defendant that is not 26
authorised by the defendant 27
(b) before the event happened, the fence or the part was 28
stock-proof and, other than for the event, would have 29
prevented the stock from grazing on the part of the stock 30
route network or public (stock access) land to which the 31
offence relates; and 32
Page 202
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 2 Use of stock route network and public (stock access) land
[s 299]
(c) the defendant has not had a reasonable opportunity since 1
the event to arrange for the fence or the part to be 2
replaced or made stock-proof. 3
(2) It is not a reasonable excuse for an offence under this division 4
that a person has been required to pay, or has paid, a grazing 5
fee for the grazing of the stock. 6
Division 3 Other conduct 7
299 Burning pasture 8
A person must not, without a lawful excuse, burn pasture or 9
cause pasture to be burned on a part of the stock route network 10
in a local government area without the local government's 11
consent. 12
Maximum penalty--200 penalty units. 13
Note-- 14
Lighting fires is also regulated under the Fire and Rescue Services Act 15
1990, part 7 (Control and prevention of fires). 16
300 Unauthorised harvesting of pasture 17
A person must not harvest pasture from the stock route 18
network or public (stock access) land unless the person-- 19
(a) is employed or engaged by a local government to 20
harvest pasture under section 101; or 21
(b) holds a harvesting permit to harvest the pasture; or 22
(c) has a reasonable excuse. 23
Maximum penalty--200 penalty units. 24
Page 203
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 3 Use of water and stock facilities
[s 301]
Part 3 Use of water and stock 1
facilities 2
301 Definition for pt 3 3
In this part-- 4
stock purposes, for taking or releasing water, means-- 5
(a) watering stock; or 6
(b) personal use connected with driving or grazing stock. 7
Example-- 8
persons involved in driving stock consuming or using water for 9
cooking or personal hygiene while driving the stock 10
302 Taking water from public water facility 11
A person must not take water from a public water facility 12
unless the person-- 13
(a) is allowed to take water from the facility under a water 14
facility agreement, travel permit, grazing permit, 15
grazing authority or unfit stock permit; or 16
(b) is driving stock on-- 17
(i) a State-controlled road under the Transport 18
Infrastructure Act 1994, chapter 6, part 5, division 19
2, subdivision 1; or 20
(ii) another road under section 119; and 21
takes the water for stock purposes; or 22
(c) has a reasonable excuse. 23
Maximum penalty--200 penalty units. 24
303 Wasting or polluting water 25
A person must not-- 26
Page 204
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 4 Obstructing stock
[s 304]
(a) release water, or cause water to be released, from a 1
public water facility other than for stock purposes, 2
unless the person has a reasonable excuse; or 3
(b) pollute water in a public water facility. 4
Maximum penalty--50 penalty units. 5
304 Damaging stock facility 6
A person must not damage a stock facility or cause a stock 7
facility to be damaged or otherwise hinder the usual operation 8
of a stock facility. 9
Maximum penalty--50 penalty units. 10
305 Camping near public water facility 11
A person must not camp on the stock route network or public 12
(stock access) land within 300m of a public water facility. 13
Maximum penalty--50 penalty units. 14
306 Allowing stock to remain near public water facility 15
A person who owns or is in charge of stock must not, without 16
a reasonable excuse, allow the stock to remain within 300m of 17
a public water facility, other than to water the stock. 18
Maximum penalty--50 penalty units. 19
Part 4 Obstructing stock 20
307 Obstructing movement of stock 21
A person must not obstruct the movement of stock travelling 22
on the stock route network or public (stock access) land unless 23
Page 205
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 5 Stock under permits or authorities
[s 308]
it is necessary to obstruct the movement of the stock to ensure 1
the safety of persons or stock. 2
Examples of obstructing the movement of travelling stock-- 3
· building a fence, locking a gate or using vehicles or animals to 4
prevent movement of stock 5
· making noise to alarm stock 6
Maximum penalty--50 penalty units. 7
308 Placing things on network or public (stock access) land 8
(1) A person must not place a thing on the stock route network or 9
public (stock access) land if the thing is likely to harm-- 10
(a) stock travelling on the network or land; or 11
(b) a person in charge of the stock. 12
Examples of a thing-- 13
an animal carcass or part of the carcass, a car body, old fencing, wire or 14
rope 15
Maximum penalty--50 penalty units. 16
(2) In this section-- 17
harm includes obstruct. 18
Part 5 Stock under permits or 19
authorities 20
309 Contravention of condition 21
(1) This applies to a person who-- 22
(a) holds a travel permit, unfit stock permit, grazing permit, 23
grazing authority or harvesting permit; or 24
Page 206
Stock Route Network Management Bill 2011
Chapter 7 Offences for stock route network and public (stock access) land
Part 5 Stock under permits or authorities
[s 310]
(b) is in charge of stock being driven under a travel permit 1
or unfit stock permit; or 2
(c) is in charge of stock being grazed under a grazing permit 3
or grazing authority; or 4
(d) harvests pasture under a harvesting permit. 5
(2) The person must not, without reasonable excuse, contravene a 6
condition of the permit or authority. 7
Maximum penalty--50 penalty units. 8
310 Allowing another person to contravene condition 9
(1) A person who holds a travel permit, unfit stock permit, 10
grazing permit, grazing authority or harvesting permit must 11
not, without a reasonable excuse, allow another person to 12
contravene a condition of the permit or authority. 13
Maximum penalty--50 penalty units. 14
(2) It is a defence for a defendant charged with an offence under 15
subsection (1) to prove the defendant exercised reasonable 16
diligence to ensure the other person complied with the 17
condition. 18
311 Rate of travel for stock 19
(1) This section applies to a person who-- 20
(a) holds a travel permit or an unfit stock (travel) permit; or 21
(b) is in charge of driving stock under a travel permit or an 22
unfit stock (travel) permit. 23
(2) The person must ensure stock travelling under the permit 24
travel towards their destination at the required rate, unless the 25
person has a reasonable excuse. 26
Examples of a reasonable excuse-- 27
The contravention happened because of-- 28
(a) adverse weather, fire or flood; or 29
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Part 5 Stock under permits or authorities
[s 312]
(b) other circumstances the person could not reasonably have foreseen. 1
Maximum penalty--100 penalty units. 2
(3) It is not a reasonable excuse for a person to fail to ensure stock 3
travel at the required rate because the stock are unfit stock. 4
(4) It is a defence for the holder of a travel permit who is not in 5
charge of driving the stock under the permit to prove that the 6
holder exercised reasonable diligence to ensure the person in 7
charge of the stock drove them at the required rate. 8
(5) Subsection (2) is not limited by the imposition on the permit 9
holder of the overdue travel fee for the travel. 10
312 Stock must be adequately supervised 11
(1) This section applies to the person in charge of stock (the 12
relevant stock) while the relevant stock are travelling under a 13
travel permit or unfit stock (travel) permit on the stock route 14
network or public (stock access) land. 15
(2) The person in charge must ensure an appropriate person is-- 16
(a) directly supervising the relevant stock; or 17
(b) directly supervising other stock travelling under the 18
permit no further than the following distance from the 19
relevant stock-- 20
(i) 10km, during daylight hours; 21
(ii) 1km, at other times. 22
Maximum penalty-- 23
· for not ensuring supervision of up to 10 head of 24
stock--50 penalty units; or 25
· for not ensuring supervision of more than 10 head of 26
stock--100 penalty units. 27
(3) In this section-- 28
appropriate person means-- 29
(a) the person in charge of the stock; or 30
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Chapter 8 Investigation and enforcement
Part 1 General provisions about authorised persons
[s 313]
(b) a person acting under the direction of the person in 1
charge of the stock. 2
Chapter 8 Investigation and 3
enforcement 4
Part 1 General provisions about 5
authorised persons 6
Division 1 Appointment 7
313 Authorised persons under ch 8 8
This chapter includes provision for the appointment of 9
authorised persons, and gives authorised persons particular 10
powers. 11
314 Functions of authorised persons 12
An authorised person has the following functions-- 13
(a) to investigate, monitor and enforce compliance with this 14
Act; 15
(b) to investigate or monitor whether an occasion has arisen 16
for the exercise of powers under this Act; 17
(c) to facilitate the exercise of powers under this Act. 18
315 Appointment and qualifications 19
(1) The chief executive or the chief executive officer of a local 20
government (the appointing authority) may appoint an 21
individual as an authorised person. 22
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[s 316]
(2) However, the appointing authority may appoint an individual 1
as an authorised person only if the appointing authority is 2
satisfied the individual is qualified for appointment because 3
the individual has the necessary expertise or experience. 4
316 Appointment conditions and limit on powers 5
(1) An authorised person holds office on any conditions stated 6
in-- 7
(a) the authorised person's instrument of appointment; or 8
(b) a signed notice given to the authorised person; or 9
(c) a regulation. 10
(2) The instrument of appointment, a signed notice given to the 11
authorised person or a regulation may limit the authorised 12
person's powers under this Act. 13
(3) Also, an authorised person appointed by the chief executive 14
officer of a local government may exercise the authorised 15
person's powers only in relation to the local government's 16
area. 17
(4) In this section-- 18
signed notice means a notice signed by the chief executive or 19
the chief executive officer of a local government. 20
317 When office ends 21
(1) An authorised person ceases to hold office if any of the 22
following happens-- 23
(a) the term of office stated in a condition of office ends; 24
(b) under another condition of office, the authorised person 25
ceases to hold office; 26
(c) the authorised person's resignation under section 318 27
takes effect. 28
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[s 318]
(2) Subsection (1) does not limit the ways an authorised person 1
may cease to hold office. 2
(3) In this section-- 3
condition of office means a condition on which the authorised 4
person holds office. 5
318 Resignation 6
An authorised person may resign by signed notice given to the 7
appointing authority who appointed the person. 8
Division 2 Identity cards 9
319 Issue of identity card 10
(1) An appointing authority must issue an identity card to each 11
authorised person it appoints. 12
(2) The identity card must-- 13
(a) contain a recent photo of the authorised person; and 14
(b) contain a copy of the authorised person's signature; and 15
(c) identify the person as an authorised person under this 16
Act; and 17
(d) state whether the authorised person is appointed by the 18
chief executive or chief executive officer of a local 19
government; and 20
(e) state an expiry date for the card. 21
(3) This section does not prevent the issue of a single identity 22
card to a person for this Act and other purposes. 23
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Part 1 General provisions about authorised persons
[s 320]
320 Production or display of identity card 1
(1) In exercising a power under this Act in relation to another 2
person in the other person's presence, an authorised person 3
must-- 4
(a) produce the authorised person's identity card for the 5
other person's inspection before exercising the power; 6
or 7
(b) have the identity card displayed so it is clearly visible to 8
the other person when exercising the power. 9
(2) However, if it is not practicable to comply with subsection 10
(1), the authorised person must produce the identity card for 11
the other person's inspection at the first reasonable 12
opportunity. 13
(3) For subsection (1), an authorised person does not exercise a 14
power in relation to the other person only because the 15
authorised person has entered a place as mentioned in section 16
324(1)(b) or 333. 17
321 Return of identity card 18
If the office of a person as an authorised person ends, the 19
person must return the person's identity card to the appointing 20
authority who appointed the person within 21 days after the 21
office ends unless the identity card has been lost, stolen or 22
destroyed because of circumstances beyond the person's 23
control. 24
Maximum penalty--10 penalty units. 25
Division 3 Miscellaneous provisions 26
322 References to exercise of powers 27
If-- 28
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Part 2 Entry of places by authorised persons
[s 323]
(a) a provision of this Act refers to the exercise of a power 1
by an authorised person; and 2
(b) there is no reference to a specific power; 3
the reference is to the exercise of all or any authorised 4
persons' powers under this chapter or a warrant, to the extent 5
the powers are relevant. 6
323 Reference to document includes reference to 7
reproductions from electronic document 8
A reference in this chapter to a document includes a reference 9
to an image or writing-- 10
(a) produced from an electronic document; or 11
(b) not yet produced, but reasonably capable of being 12
produced, from an electronic document, with or without 13
the aid of another article or device. 14
Part 2 Entry of places by authorised 15
persons 16
Division 1 General powers for entering places 17
324 General powers of entry 18
(1) An authorised person may enter a place if-- 19
(a) an occupier at the place consents under division 3 to the 20
entry and section 334 has been complied with for the 21
occupier; or 22
(b) it is a public place and the entry is made when it is open 23
to the public; or 24
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[s 325]
(c) the entry is authorised under a warrant and, if there is an 1
occupier of the place, section 341 has been complied 2
with for the occupier; or 3
(d) it is a permit or authority holder's place of business and 4
is-- 5
(i) open for carrying on the business; or 6
(ii) otherwise open for entry; or 7
(iii) required to be open for inspection under the permit 8
or authority. 9
(2) In this section-- 10
place of business does not include a part of the place where a 11
person resides. 12
public place means-- 13
(a) a place, or part of the place-- 14
(i) the public is entitled to use, is open to members of 15
the public or is used by the public, whether or not 16
on payment of money; or 17
Example of a place that may be a public place under 18
subparagraph (i)-- 19
a road 20
(ii) the occupier of which allows, whether or not on 21
payment of money, members of the public to enter; 22
or 23
Examples of a place that may be a public place under 24
subparagraph (ii)-- 25
a saleyard, a showground 26
(b) a place that is a public place under another Act. 27
325 Restriction on entry by consent 28
If the power to enter a place arises only because an occupier 29
of the place consents to the entry, the power is subject to any 30
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[s 326]
conditions of the consent and ceases if the consent is 1
withdrawn. 2
326 Restriction on entry by warrant 3
If the power to enter is under a warrant, the power is subject to 4
the terms of the warrant. 5
327 Restriction on particular entries without consent or 6
warrant 7
(1) This section applies if-- 8
(a) an authorised person is intending to enter a place under 9
section 324(1)(b) or (d); and 10
(b) the occupier of the place is present at the place. 11
(2) Before entering the place, the authorised person must do or 12
make a reasonable attempt to do the following-- 13
(a) comply with section 320(1); 14
(b) tell the occupier the purpose of the entry; 15
(c) tell the occupier the authorised person is permitted 16
under this Act to enter the place without the occupier's 17
consent or a warrant. 18
Division 2 Particular entry powers 19
328 Definitions for div 2 20
In this division-- 21
contractor, for an authorised person, means a person acting 22
under the direction of the authorised person. 23
entry notice, to enter land, means a notice stating the 24
following-- 25
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Part 2 Entry of places by authorised persons
[s 329]
(a) that the authorised person giving the notice or a 1
contractor for the authorised person intends to enter the 2
land and may do so under a stated provision of this 3
division without the landowner's consent or a warrant; 4
(b) the part of the land proposed to be entered; 5
(c) the purpose of the intended entry, including the action to 6
be carried out to achieve the purpose; 7
(d) the date of the intended entry; 8
(e) the reasonable period in which it is intended the 9
authorised person or contractor will stay on the land to 10
achieve the purpose of the entry. 11
329 Entry to remedy noncompliance with fencing obligations 12
(1) This section applies if-- 13
(a) the owner of adjoining land is given-- 14
(i) a fencing notice; or 15
(ii) a direction notice for a contravention of section 16
93(2); and 17
(b) an authorised person reasonably suspects the owner has 18
not complied with the notice, whether or not the owner 19
has been charged with an offence against section 92 or 20
378. 21
(2) An authorised person or a contractor for an authorised person 22
may enter the land at any reasonable time to take the 23
following action-- 24
(a) if subsection (1)(a) applies--erect or complete the 25
erection of the fence required under the fencing notice; 26
(b) if subsection (1)(b) applies--do anything necessary to 27
make the boundary fence stock-proof. 28
(3) However, the authorised person must give the landowner an 29
entry notice at least 7 days before the entry. 30
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Part 2 Entry of places by authorised persons
[s 330]
330 Entry to remedy noncompliance with mustering 1
obligations 2
(1) This section applies if-- 3
(a) a local government gives a person a mustering notice to 4
muster stock on land in the local government's 5
management area; and 6
(b) an authorised person reasonably suspects the person has 7
not complied with the notice, whether or not the person 8
has been charged with an offence against section 96. 9
(2) An authorised person or a contractor for an authorised person 10
may enter the land at any reasonable time to muster the stock. 11
(3) However, if the land is subject to a lease under the Land Act, 12
the authorised person or contractor may enter the land only 13
if-- 14
(a) the owner of the land consents to the entry; or 15
(b) the authorised person gives the owner an entry notice at 16
least 24 hours before the entry. 17
331 Entry to maintain stock facilities 18
(1) This section applies if-- 19
(a) a stock facility servicing a local government's 20
management area is on land (private land) that-- 21
(i) is freehold or leasehold land; and 22
(ii) is not on the stock route network or public (stock 23
access) land; and 24
(iii) is not controlled by the State or a local 25
government; and 26
(b) the stock facility-- 27
(i) has been supplied for the benefit of persons using a 28
primary stock route or a primary reserve; or 29
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 331]
(ii) has been supplied for the benefit of persons using a 1
secondary stock route or secondary reserve, that 2
the local government has agreed to maintain; and 3
(c) the local government needs to enter the private land to 4
maintain the stock facility. 5
(2) An authorised person or a contractor for an authorised person 6
may enter the part of the private land necessary to carry out 7
the maintenance only if-- 8
(a) the owner and occupier of the land consent to the entry; 9
or 10
(b) the authorised person gives the owner and occupier of 11
the land an entry notice at least 24 hours before the 12
entry. 13
(3) The entry notice must include the following-- 14
(a) details to identify the stock facilities for which 15
maintenance is required; 16
(b) the nature of the maintenance to be carried out; 17
(c) contact details for a person the local government has 18
authorised to discuss the matters stated in the notice. 19
(4) If the authorised person is reasonably satisfied it is 20
impracticable to give the entry notice, it is sufficient 21
compliance with subsection (2)(b) if, at least 24 hours before 22
the entry, the local government-- 23
(a) publishes the notice in a newspaper circulating generally 24
in the local government's area; or 25
(b) places the notice in a conspicuous place on the private 26
land. 27
(5) Despite subsections (2) to (4), if the local government needs 28
to enter the private land in urgent circumstances, the 29
authorised person need only give the owner and occupier of 30
the land the notice that is reasonably practicable in the 31
circumstances. 32
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 332]
(6) In this section-- 1
maintain includes inspect. 2
Division 3 Entry by consent 3
332 Application of div 3 4
This division applies if an authorised person intends to ask an 5
occupier of a place to consent to the authorised person or 6
another authorised person entering the place under section 7
324(1)(a). 8
333 Incidental entry to ask for access 9
For the purpose of asking the occupier for the consent, an 10
authorised person may, without the occupier's consent or a 11
warrant-- 12
(a) enter land around premises at the place to an extent that 13
is reasonable to contact the occupier; or 14
(b) enter part of the place the authorised person reasonably 15
considers members of the public ordinarily are allowed 16
to enter when they wish to contact an occupier of the 17
place. 18
334 Matters authorised person must tell occupier 19
Before asking for the consent, the authorised person must give 20
a reasonable explanation to the occupier-- 21
(a) about the purpose of the entry, including the powers 22
intended to be exercised; and 23
(b) that the occupier is not required to consent; and 24
(c) that the consent may be given subject to conditions and 25
may be withdrawn at any time. 26
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Part 2 Entry of places by authorised persons
[s 335]
335 Consent acknowledgement 1
(1) If the consent is given, the authorised person may ask the 2
occupier to sign an acknowledgement of the consent. 3
(2) The acknowledgement must state-- 4
(a) the purpose of the entry, including the powers to be 5
exercised; and 6
(b) the following has been explained to the occupier-- 7
(i) the purpose of the entry, including the powers 8
intended to be exercised; 9
(ii) that the occupier is not required to consent; 10
(iii) that the consent may be given subject to conditions 11
and may be withdrawn at any time; and 12
(c) the occupier gives the authorised person or another 13
authorised person consent to enter the place and exercise 14
the powers; and 15
(d) the time and day the consent was given; and 16
(e) any conditions of the consent. 17
(3) If the occupier signs the acknowledgement, the authorised 18
person must immediately give a copy to the occupier. 19
(4) If-- 20
(a) an issue arises in a proceeding about whether the 21
occupier consented to the entry; and 22
(b) an acknowledgement complying with subsection (2) for 23
the entry is not produced in evidence; 24
the onus of proof is on the person relying on the lawfulness of 25
the entry to prove the occupier consented. 26
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 336]
Division 4 Entry under warrant 1
Subdivision 1 Obtaining a warrant 2
336 Application for warrant 3
(1) An authorised person may apply to a magistrate for a warrant 4
for a place. 5
(2) The authorised person must prepare a written application that 6
states the grounds on which the warrant is sought. 7
(3) The written application must be sworn. 8
(4) The magistrate may refuse to consider the application until the 9
authorised person gives the magistrate all the information the 10
magistrate requires about the application in the way the 11
magistrate requires. 12
Example-- 13
The magistrate may require additional information supporting the 14
application to be given by statutory declaration. 15
337 Issue of warrant 16
(1) The magistrate may issue the warrant only if the magistrate is 17
satisfied there are reasonable grounds for suspecting-- 18
(a) there is a particular thing or activity (the evidence) that 19
may provide evidence of an offence against this Act; and 20
(b) the evidence is at the place, or, within the next 7 days, 21
may be at the place. 22
(2) The warrant must state-- 23
(a) the place to which the warrant applies; and 24
(b) that a stated authorised person may, with necessary and 25
reasonable help and force-- 26
(i) enter the place and any other place necessary for 27
entry to the place; and 28
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 338]
(ii) exercise the authorised person's powers under this 1
part; and 2
(c) particulars of the offence that the magistrate considers 3
appropriate in the circumstances; and 4
(d) the name of the person suspected of having committed 5
the offence, unless the name is unknown or the 6
magistrate considers it inappropriate to state the name; 7
and 8
(e) the evidence that may be seized under the warrant; and 9
(f) the hours of the day or night when the place may be 10
entered; and 11
(g) the magistrate's name; and 12
(h) the date and time of the warrant's issue; and 13
(i) the date, within 14 days after the warrant's issue, the 14
warrant ends. 15
338 Electronic application 16
(1) An application under section 336 may be made by phone, fax, 17
email, radio, videoconferencing or another form of electronic 18
communication if the authorised person reasonably considers 19
it necessary because of-- 20
(a) urgent circumstances; or 21
(b) other special circumstances, including, for example, the 22
authorised person's remote location. 23
(2) The application-- 24
(a) may not be made before the authorised person prepares 25
the written application under section 336(2); but 26
(b) may be made before the written application is sworn. 27
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 339]
339 Additional procedure if electronic application 1
(1) For an application made under section 338, the magistrate 2
may issue the warrant (the original warrant) only if the 3
magistrate is satisfied-- 4
(a) it was necessary to make the application under section 5
338; and 6
(b) the way the application was made under section 338 was 7
appropriate. 8
(2) After the magistrate issues the original warrant-- 9
(a) if there is a reasonably practicable way of immediately 10
giving a copy of the warrant to the authorised person, 11
including, for example, by sending a copy by fax or 12
email, the magistrate must immediately give a copy of 13
the warrant to the authorised person; or 14
(b) otherwise-- 15
(i) the magistrate must tell the authorised person the 16
information mentioned in section 337(2); and 17
(ii) the authorised person must complete a form of 18
warrant, including by writing on it the information 19
mentioned in section 337(2) provided by the 20
magistrate. 21
(3) The copy of the warrant mentioned in subsection (2)(a), or the 22
form of warrant completed under subsection (2)(b) (in either 23
case the duplicate warrant), is a duplicate of, and as effectual 24
as, the original warrant. 25
(4) The authorised person must, at the first reasonable 26
opportunity, send to the magistrate-- 27
(a) the written application complying with section 336(2) 28
and (3); and 29
(b) if the authorised person completed a form of warrant 30
under subsection (2)(b)--the completed form of 31
warrant. 32
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 340]
(5) The magistrate must keep the original warrant and, on 1
receiving the documents under subsection (4)-- 2
(a) attach the documents to the original warrant; and 3
(b) give the original warrant and documents to the clerk of 4
the court of the relevant magistrates court. 5
(6) Despite subsection (3), if-- 6
(a) an issue arises in a proceeding about whether an 7
exercise of a power was authorised by a warrant issued 8
under this section; and 9
(b) the original warrant is not produced in evidence; 10
the onus of proof is on the person relying on the lawfulness of 11
the exercise of the power to prove a warrant authorised the 12
exercise of the power. 13
(7) This section does not limit section 336. 14
(8) In this section-- 15
relevant magistrates court, in relation to a magistrate, means 16
the Magistrates Court that the magistrate constitutes under the 17
Magistrates Act 1991. 18
340 Defect in relation to a warrant 19
(1) A warrant is not invalidated by a defect in-- 20
(a) the warrant; or 21
(b) compliance with this subdivision; 22
unless the defect affects the substance of the warrant in a 23
material particular. 24
(2) In this section-- 25
warrant includes a duplicate warrant mentioned in section 26
339(3). 27
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Chapter 8 Investigation and enforcement
Part 2 Entry of places by authorised persons
[s 341]
Subdivision 2 Entry procedure 1
341 Entry procedure 2
(1) This section applies if an authorised person named in a 3
warrant issued under this division for a place is intending to 4
enter the place under the warrant. 5
(2) Before entering the place, the authorised person must do or 6
make a reasonable attempt to do the following things-- 7
(a) identify himself or herself to a person present at the 8
place who is an occupier of the place by producing a 9
copy of the authorised person's identity card or other 10
document evidencing the authorised person's 11
appointment; 12
(b) give the person a copy of the warrant; 13
(c) tell the person the authorised person is permitted by the 14
warrant to enter the place; 15
(d) give the person an opportunity to allow the authorised 16
person immediate entry to the place without using force. 17
(3) However, the authorised person need not comply with 18
subsection (2) if the authorised person believes on reasonable 19
grounds that immediate entry to the place is required to ensure 20
the effective execution of the warrant is not frustrated. 21
(4) In this section-- 22
warrant includes a duplicate warrant mentioned in section 23
339(3). 24
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Chapter 8 Investigation and enforcement
Part 3 Other authorised persons' powers and related matters
[s 342]
Part 3 Other authorised persons' 1
powers and related matters 2
Division 1 Stopping or moving vehicles 3
342 Application of div 1 4
This division applies if an authorised person reasonably 5
suspects, or is aware, that a thing in or on a vehicle may 6
provide evidence of the commission of an offence against this 7
Act. 8
343 Power to stop or move 9
(1) If the vehicle is moving, the authorised person may, to 10
exercise his or her powers, signal or otherwise direct the 11
person in control of the vehicle to stop the vehicle and to bring 12
the vehicle to, and keep it at, a convenient place within a 13
reasonable distance to allow the authorised person to exercise 14
the powers. 15
(2) If the vehicle is stopped, the authorised person may direct the 16
person in control of the vehicle-- 17
(a) not to move it until the authorised person has exercised 18
the authorised person's powers; or 19
(b) to move the vehicle to, and keep it at, a stated reasonable 20
place to allow the authorised person to exercise the 21
powers. 22
(3) When giving the direction under subsection (2), the authorised 23
person must give the person in control an offence warning for 24
the direction. 25
344 Identification requirements if vehicle moving 26
(1) This section applies if the authorised person proposes to give 27
a direction under section 343(1) and the vehicle is moving. 28
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[s 345]
(2) The authorised person must clearly identify himself or herself 1
as an authorised person exercising the authorised person's 2
powers. 3
Examples-- 4
1 If the authorised person is in a moving vehicle, he or she may use a 5
loudhailer to identify himself or herself as an authorised person 6
exercising powers. 7
2 If the authorised person is standing at the side of the road, he or she 8
may use a sign to identify himself or herself as an authorised person 9
exercising powers. 10
(3) When the vehicle stops, the authorised person must-- 11
(a) have with him or her the authorised person's identity 12
card; and 13
(b) immediately produce the identity card for the inspection 14
of the person in control of the vehicle. 15
(4) Subsection (3) applies despite section 320(1). 16
345 Failure to comply with direction 17
(1) The person in control of the vehicle must comply with a 18
direction under section 343 unless the person has a reasonable 19
excuse. 20
Maximum penalty--50 penalty units. 21
(2) It is a reasonable excuse for the person not to comply with a 22
direction if-- 23
(a) the vehicle was moving and the authorised person did 24
not comply with section 344; or 25
(b) to comply immediately would have endangered 26
someone else or caused loss or damage to property, and 27
the person complies as soon as it is practicable to do so. 28
(3) Subsection (2) does not limit subsection (1). 29
(4) A person does not commit an offence against subsection (1) 30
if-- 31
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Part 3 Other authorised persons' powers and related matters
[s 346]
(a) the direction the person fails to comply with is given 1
under section 343(2); and 2
(b) the person is not given an offence warning for the 3
direction. 4
Division 2 General powers of authorised 5
persons after entering places 6
346 Application of div 2 7
(1) The power under this division may be exercised if an 8
authorised person enters a place under section 324(1)(a), (c) 9
or (d). 10
(2) However, if the authorised person enters under section 11
324(1)(a) or (c), the powers under this division are subject to 12
any conditions of the consent or terms of the warrant. 13
347 General powers 14
(1) The authorised person may do any of the following (each a 15
general power)-- 16
(a) search any part of the place; 17
(b) inspect, examine or film any part of the place or 18
anything at the place; 19
(c) take for examination a thing, or a sample of or from a 20
thing, at the place; 21
(d) place an identifying mark in or on anything at the place; 22
(e) take an extract from, or copy, a document at the place, or 23
take the document to another place to copy; 24
(f) produce an image or writing at the place from an 25
electronic document or, to the extent it is not 26
practicable, take a thing containing an electronic 27
document to another place to produce an image or 28
writing; 29
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(g) take to, into or onto the place and use any person, 1
equipment and materials the authorised person 2
reasonably requires for exercising the authorised 3
person's powers under this division; 4
(h) remain at the place for the time necessary to achieve the 5
purpose of the entry. 6
(2) The authorised person may take a necessary step to allow the 7
exercise of a general power. 8
(3) If the authorised person takes a document from the place to 9
copy it, the authorised person must copy and return the 10
document to the place as soon as practicable. 11
(4) If the authorised person takes from the place an article or 12
device reasonably capable of producing a document from an 13
electronic document to produce the document, the authorised 14
person must produce the document and return the article or 15
device to the place as soon as practicable. 16
(5) In this section-- 17
examine includes analyse, test, account, measure, weigh, 18
grade, gauge and identify. 19
film includes photograph, videotape and record an image in 20
another way. 21
inspect, a thing, includes open the thing and examine its 22
contents. 23
348 Power to require reasonable help 24
(1) The authorised person may make a requirement (a help 25
requirement) of an occupier of the place or a person at the 26
place to give the authorised person reasonable help to exercise 27
a general power, including, for example, to produce a 28
document or to give information. 29
(2) When making the help requirement, the authorised person 30
must give the person an offence warning for the requirement. 31
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[s 349]
349 Offence to contravene help requirement 1
(1) A person of whom a help requirement has been made must 2
comply with the requirement unless the person has a 3
reasonable excuse. 4
Maximum penalty--40 penalty units. 5
(2) It is a reasonable excuse for an individual not to comply with 6
a help requirement if complying might tend to incriminate the 7
individual or expose the individual to a penalty. 8
Division 3 Seizure by authorised persons and 9
forfeiture 10
Subdivision 1 Power to seize 11
350 Seizing evidence at a place that may be entered without 12
consent or warrant 13
An authorised person who enters a place the authorised person 14
may enter under this Act without the consent of an occupier of 15
the place and without a warrant may seize a thing at the place 16
if the authorised person reasonably believes the thing is 17
evidence of an offence against this Act. 18
351 Seizing evidence at a place that may only be entered with 19
consent or warrant 20
(1) This section applies if-- 21
(a) an authorised person is authorised to enter a place under 22
this part only with the consent of an occupier at the 23
place or a warrant; and 24
(b) the authorised person enters the place after obtaining the 25
necessary consent or warrant. 26
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(2) If the authorised person enters a place with the occupier's 1
consent, the authorised person may seize a thing at the place 2
if-- 3
(a) the authorised person reasonably believes the thing is 4
evidence of an offence against this Act; and 5
(b) seizure of the thing is consistent with the purpose of 6
entry as told to the occupier when asking for the 7
occupier's consent. 8
(3) If the authorised person enters a place with a warrant, the 9
authorised person may seize the evidence for which the 10
warrant was issued. 11
(4) The authorised person may seize anything else at the place if 12
the authorised person reasonably believes-- 13
(a) the thing is evidence of an offence against this Act; and 14
(b) the seizure is necessary to prevent the thing being-- 15
(i) hidden, lost or destroyed; or 16
(ii) used to commit, continue or repeat an offence. 17
(5) Also, the authorised person may seize a thing at the place if 18
the authorised person reasonably believes it has just been used 19
in committing an offence against this Act. 20
352 Seizure of property subject to security 21
(1) An authorised person may seize a thing, and exercise powers 22
relating to the thing, despite a lien or other security over the 23
thing claimed by another person. 24
(2) However, the seizure does not affect the other person's claim 25
to the lien or other security against a person other than the 26
authorised person or a person acting for the authorised person. 27
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[s 353]
Subdivision 2 Powers to support seizure 1
353 Power to secure seized thing 2
(1) Having seized a thing under this division, an authorised 3
person may-- 4
(a) leave it at the place where it was seized (the place of 5
seizure) and take reasonable action to restrict access to 6
it; or 7
(b) move it from the place of seizure. 8
(2) For subsection (1)(a), the authorised person may, for 9
example-- 10
(a) seal the thing, or the entrance to the place of seizure, and 11
mark the thing or place to show access to the thing or 12
place is restricted; or 13
(b) for equipment--make it inoperable; or 14
Example-- 15
making it inoperable by dismantling it or removing a component 16
without which the equipment can not be used 17
(c) require a person the authorised person reasonably 18
believes is in control of the place or thing to do an act 19
mentioned in paragraph (a) or (b) or anything else an 20
authorised person could do under subsection (1)(a). 21
354 Offence to contravene other seizure requirement 22
A person must comply with a requirement made of the person 23
under section 353(2)(c) unless the person has a reasonable 24
excuse. 25
Maximum penalty--100 penalty units. 26
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[s 355]
355 Offence to tamper with seized things 1
If an authorised person restricts access to a seized thing, a 2
person must not tamper, or attempt to tamper, with the thing, 3
or something restricting access to the thing, without an 4
authorised person's approval. 5
Maximum penalty--100 penalty units. 6
356 Offence to interfere 7
(1) If access to a seized thing is restricted under section 353, a 8
person must not tamper with the thing or with anything used 9
to restrict access to the thing without-- 10
(a) an authorised person's approval; or 11
(b) a reasonable excuse. 12
Maximum penalty--100 penalty units. 13
(2) If access to a place is restricted under section 353, a person 14
must not enter the place in contravention of the restriction or 15
tamper with anything used to restrict access to the place 16
without-- 17
(a) an authorised person's approval; or 18
(b) a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
Subdivision 3 Safeguards for seized things 21
357 Receipts for seized things 22
(1) As soon as practicable after an authorised person seizes a 23
thing, the authorised person must give a receipt for it to the 24
person from whom it was seized. 25
(2) However, if for any reason it is not practicable to comply with 26
subsection (1), the authorised person must leave the receipt at 27
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[s 358]
the place of seizure in a conspicuous position and in a 1
reasonably secure way. 2
(3) The receipt must describe generally each thing seized and its 3
condition. 4
(4) This section does not apply to a thing if it is impracticable or 5
would be unreasonable to give the receipt, given the thing's 6
nature, condition and value. 7
358 Access to seized thing 8
(1) Until a seized thing is forfeited or returned, the authorised 9
person who seized the thing must allow an owner of the 10
thing-- 11
(a) to inspect it at any reasonable time and from time to 12
time; and 13
(b) if it is a document--to copy it. 14
(2) Subsection (1) does not apply if it is impracticable or would 15
be unreasonable to allow the inspection or copying. 16
(3) The inspection or copying must be allowed free of charge. 17
359 Return of seized thing 18
(1) This section applies if a seized thing has some intrinsic value. 19
(2) The authorised person must return the seized thing to an 20
owner-- 21
(a) generally--at the end of 6 months after the seizure; or 22
(b) if a proceeding for an offence involving the thing is 23
started within the 6 months--at the end of the 24
proceeding and any appeal from the proceeding. 25
(3) Despite subsection (2), if the thing was seized as evidence, the 26
authorised person must return the thing seized to an owner as 27
soon as practicable after the authorised person is satisfied-- 28
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[s 360]
(a) its continued retention as evidence is no longer 1
necessary; and 2
(b) it is lawful for the owner to possess it. 3
(4) Nothing in this section affects a lien or other security over the 4
seized thing. 5
Division 4 Other information-obtaining powers 6
of authorised persons 7
360 Power to require name and address 8
(1) This section applies if an authorised person-- 9
(a) finds a person committing an offence against this Act; or 10
(b) finds a person in circumstances that lead the authorised 11
person to reasonably suspect the person has just 12
committed an offence against this Act; or 13
(c) has information that leads the authorised person to 14
reasonably suspect a person has just committed an 15
offence against this Act. 16
(2) The authorised person may require the person to state the 17
person's name and residential address. 18
(3) The authorised person may also require the person to give 19
evidence of the correctness of the stated name or address if, in 20
the circumstances, it would be reasonable to expect the person 21
to-- 22
(a) be in possession of evidence of the correctness of the 23
stated name or address; or 24
(b) otherwise be able to give the evidence. 25
(4) When making a personal details requirement, the authorised 26
person must give the person an offence warning for the 27
requirement. 28
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[s 361]
(5) A requirement under this section is a personal details 1
requirement. 2
361 Offence to contravene personal details requirement 3
(1) A person of whom a personal details requirement has been 4
made must comply with the requirement unless the person has 5
a reasonable excuse. 6
Maximum penalty--40 penalty units. 7
(2) A person may not be convicted of an offence under subsection 8
(1) unless the person is found guilty of the offence in relation 9
to which the personal details requirement was made. 10
362 Power to require production of documents 11
(1) An authorised person may require a person to make available 12
for inspection by an authorised person, or to produce to the 13
authorised person for inspection, at a reasonable time and 14
place nominated by the authorised person-- 15
(a) a document issued to the person under this Act; or 16
(b) a document required to be kept by the person under this 17
Act; or 18
(c) if a document or information required to be kept by the 19
person under this Act is stored or recorded by means of 20
a device--a document that is a clear written 21
reproduction of the stored or recorded document or 22
information. 23
(2) A requirement under subsection (1) is a document production 24
requirement. 25
(3) For an electronic document, compliance with the document 26
production requirement requires the making available or 27
production of a clear written reproduction of the electronic 28
document. 29
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[s 363]
(4) The authorised person may keep the document to copy it but 1
must return the document to the person as soon as practicable 2
after copying it. 3
363 Offence to contravene document production requirement 4
(1) A person of whom a document production requirement has 5
been made must comply with the requirement unless the 6
person has a reasonable excuse. 7
Maximum penalty--40 penalty units. 8
(2) It is a reasonable excuse for an individual to fail to comply 9
with a document production requirement if complying might 10
tend to incriminate the individual or expose the individual to a 11
penalty. 12
364 Power to require information 13
(1) This section applies if an authorised person reasonably 14
believes-- 15
(a) an offence against this Act has been committed; and 16
(b) a person may be able to give information about the 17
offence. 18
(2) The authorised person may, by notice given to the person, 19
require the person to give the authorised person information 20
related to the offence at a stated reasonable time and place. 21
(3) A requirement under subsection (2) is an information 22
requirement. 23
(4) For information that is an electronic document, compliance 24
with the information requirement requires the giving of a clear 25
image or written version of the electronic document. 26
(5) In this section-- 27
information includes a document. 28
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[s 365]
365 Offence to contravene information requirement 1
(1) A person of whom an information requirement is made must 2
comply with the requirement unless the person has a 3
reasonable excuse. 4
Maximum penalty--40 penalty units. 5
(2) It is a reasonable excuse for an individual not to give the 6
information if giving the information might tend to 7
incriminate the individual or expose the individual to a 8
penalty. 9
Part 4 Miscellaneous provisions 10
relating to authorised persons 11
Division 1 Damage 12
366 Duty to avoid inconvenience and minimise damage 13
In exercising a power, an authorised person must take all 14
reasonable steps to cause as little inconvenience, and do as 15
little damage, as possible. 16
Note-- 17
See also section 368. 18
367 Notice of damage 19
(1) This section applies if-- 20
(a) an authorised person damages something when 21
exercising, or purporting to exercise, a power; or 22
(b) a person (the assistant) acting under the direction or 23
authority of an authorised person damages something. 24
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[s 367]
(2) However, this section does not apply to damage the 1
authorised person reasonably considers is trivial or if the 2
authorised person reasonably believes-- 3
(a) there is no-one apparently in possession of the thing; or 4
(b) the thing has been abandoned. 5
(3) The authorised person must give notice of the damage to the 6
person who appears to the authorised person to be an owner, 7
or person in control, of the thing. 8
(4) However, if for any reason it is not practicable to comply with 9
subsection (3), the authorised person must-- 10
(a) leave the notice at the place where the damage 11
happened; and 12
(b) ensure it is left in a conspicuous position and in a 13
reasonably secure way. 14
(5) The authorised person may delay complying with subsection 15
(3) or (4) if the authorised person reasonably suspects 16
complying with the subsection may frustrate or otherwise 17
hinder an investigation by the authorised person. 18
(6) The delay may be only for so long as the authorised person 19
continues to have the reasonable suspicion and remains in the 20
vicinity of the place. 21
(7) If the authorised person believes the damage was caused by a 22
latent defect in the thing or other circumstances beyond the 23
control of the authorised person or the assistant, the inspector 24
may state the belief in the notice. 25
(8) The notice must state-- 26
(a) particulars of the damage; and 27
(b) that the person who suffered the damage may claim 28
compensation under section 368. 29
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[s 368]
Division 2 Compensation 1
368 Compensation 2
(1) This section applies if a person incurs loss or damage because 3
of the exercise or purported exercise of a power under this 4
Act, other than section 116 or 118. 5
(2) The person is entitled to be paid the reasonable compensation 6
because of the loss or damage that is agreed between the 7
compensating entity and the person, or failing agreement, 8
decided by a court. 9
(3) Compensation may be claimed and ordered to be paid in a 10
proceeding-- 11
(a) brought in a court with jurisdiction for the recovery of 12
the amount of compensation claimed; or 13
(b) for an offence against this Act brought against the 14
person claiming compensation. 15
(4) A court may order compensation to be paid only if satisfied it 16
is just to make the order in the circumstances of the particular 17
case. 18
(5) A regulation may prescribe matters that may, or must, be 19
taken into account by the court when considering whether it is 20
just to make the order. 21
(6) Section 366 does not provide for a statutory right of 22
compensation other than is provided by this section. 23
(7) In this section-- 24
compensating entity means, for loss or damage incurred 25
because of the exercise or purported exercise of a power by-- 26
(a) the chief executive or an authorised person appointed by 27
the chief executive--the chief executive; or 28
(b) the chief executive officer of a local government or an 29
authorised person appointed by the chief executive 30
officer--the chief executive officer. 31
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[s 369]
Division 3 Other offences relating to 1
authorised persons 2
369 Requirement to produce permit or authority 3
(1) This section applies to-- 4
(a) a person in charge of stock being driven or grazed under 5
a travel permit, grazing permit or grazing authority; or 6
(b) a person harvesting pasture under a harvesting permit. 7
(2) The person must, unless the person has a reasonable excuse, 8
immediately produce the permit or authority, or a copy of it, 9
to an authorised person for inspection if the authorised person 10
asks for it to be produced for inspection. 11
Maximum penalty--10 penalty units. 12
370 False or misleading statements 13
A person must not state anything to an authorised person that 14
the person knows is false or misleading in a material 15
particular. 16
Maximum penalty--40 penalty units. 17
371 False or misleading documents 18
A person must not give an authorised person a document 19
containing information the person knows to be false or 20
misleading in a material particular. 21
Maximum penalty--40 penalty units. 22
372 Obstructing authorised person 23
(1) A person must not obstruct an authorised person, or someone 24
helping an authorised person, exercising a power under this 25
Act, unless the person has a reasonable excuse. 26
Maximum penalty--50 penalty units. 27
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[s 373]
(2) If a person has obstructed an authorised person, or someone 1
helping an authorised person, and the authorised person 2
decides to proceed with the exercise of the power, the 3
authorised person must warn the person that-- 4
(a) it is an offence to cause an obstruction unless the person 5
has a reasonable excuse; and 6
(b) the authorised person considers the person's conduct an 7
obstruction. 8
(3) In this section-- 9
obstruct includes assault, hinder, resist, attempt to obstruct 10
and threaten to obstruct. 11
373 Impersonation of authorised person 12
A person must not pretend to be an authorised person. 13
Maximum penalty--50 penalty units. 14
Part 5 Direction notices 15
374 Application of pt 5 16
(1) This part applies to a contravention of section 93(2), 292, 293, 17
296, 297(2), 302, 305, 306, 307, 308(1), 309(2), 310(1) or 18
312(2) (each, a prescribed provision). 19
(2) However, for a contravention of section 297(2) involving 20
grazing in an accessible grazing area, this part applies subject 21
to chapter 5, part 6. 22
375 Authorised person may issue a direction notice 23
(1) This section applies if an authorised person is reasonably 24
satisfied-- 25
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Part 5 Direction notices
[s 376]
(a) a person (the relevant person)-- 1
(i) is contravening a prescribed provision; or 2
(ii) has contravened a prescribed provision in 3
circumstances that make it likely the contravention 4
will continue or be repeated; and 5
(b) a matter relating to the contravention can be remedied; 6
and 7
(c) it is appropriate to give the relevant person an 8
opportunity to remedy the matter. 9
(2) The authorised person may give the relevant person a notice (a 10
direction notice) requiring the person to remedy the 11
contravention of the prescribed provision. 12
(3) If, for any reason, it is not practicable to make a requirement 13
to remedy the contravention by written notice, the 14
requirement may be made orally and confirmed by a direction 15
notice as soon as practicable. 16
Note-- 17
Whether an oral requirement is made before issuing a direction notice is 18
relevant to the time by which the person may be required to remedy the 19
contravention. See section 377(c). 20
376 Requirements of direction notices 21
(1) The direction notice must state the following-- 22
(a) that the authorised person believes the relevant person-- 23
(i) is contravening a prescribed provision; or 24
(ii) has contravened a prescribed provision in 25
circumstances that make it likely the contravention 26
will continue or be repeated; 27
(b) the particular prescribed provision the authorised person 28
believes is being, or has been, contravened; 29
(c) briefly, how it is believed the prescribed provision is 30
being, or has been, contravened; 31
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[s 377]
(d) the period (the compliance period) in which the relevant 1
person must remedy the contravention; 2
(e) that it is an offence to fail to comply with the direction 3
notice unless the person has a reasonable excuse; 4
(f) the maximum penalty for failing to comply with the 5
direction notice. 6
(2) If the prescribed provision is section 93(2), the direction 7
notice must also state that if the relevant person does not 8
comply with the notice, the authorised person or a person 9
acting under the direction of the authorised person may take 10
the action mentioned in section 329(2). 11
(3) The direction notice must also be accompanied by or include 12
an information notice about the decision to issue the direction 13
notice. 14
(4) The direction notice may also state the reasonable steps the 15
authorised person considers necessary to remedy the 16
contravention, or avoid further contravention, of the 17
prescribed provision. 18
(5) For subsection (4)-- 19
(a) the direction notice may provide for-- 20
(i) a choice of steps the relevant person can take to 21
remedy the contravention, or avoid further 22
contravention, of the prescribed provision; and 23
(ii) directions about how the steps are to be taken, 24
including, when the steps must be taken; and 25
(b) the compliance time for the notice may be stated by 26
reference to the periods in which the steps are required 27
to be taken under the directions under paragraph (a)(ii). 28
377 Compliance period 29
For section 376(1)(d), the compliance period must be 30
reasonable having regard to-- 31
(a) the action required to remedy the contravention; and 32
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[s 378]
(b) the risk posed by the contravention to-- 1
(i) the sustainable management of the stock route 2
network; and 3
(ii) the availability of the network and public (stock 4
access) land for its relevant uses; and 5
(c) how long the relevant person has been aware of the 6
contravention, for example, because an authorised 7
person has previously made an oral requirement that the 8
contravention be remedied. 9
378 Offence to contravene a direction notice 10
A person to whom a direction notice has been given must 11
comply with it unless the person has a reasonable excuse. 12
Maximum penalty--the maximum penalty for contravention 13
of the prescribed provision to which the direction notice 14
relates. 15
Part 6 Recovery of fees and costs 16
Division 1 Enforcing fencing notices or 17
direction notices to maintain fences 18
379 Amounts payable by owner of adjoining land 19
(1) This section applies if an authorised person or a person acting 20
under the direction of an authorised person enters adjoining 21
land under section 329(2) to-- 22
(a) erect or complete the erection of a fence for complying 23
with a fencing notice; or 24
(b) do anything necessary to make a boundary fence 25
stock-proof for complying with a direction notice. 26
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[s 380]
(2) The amount of the costs reasonably incurred in taking the 1
action mentioned in subsection (1)(a) or (b) is payable to the 2
local government by-- 3
(a) the owner of the adjoining land; or 4
(b) if there are 2 or more owners of the land--each owner 5
jointly and severally. 6
380 Unpaid fencing costs are a charge on land 7
(1) This section applies if a landowner of adjoining land does not 8
pay a local government the amount of the costs payable by the 9
landowner under section 379. 10
(2) The Local Government Act 2009, section 95 (section 95) and 11
the Local Government (Finance, Plans and Reporting) 12
Regulation 2010, section 61 apply-- 13
(a) as if a reference in the sections to rateable land included 14
a reference to the adjoining land; and 15
(b) as if a reference in the sections to rates and charges or 16
overdue rates and charges included a reference to an 17
amount payable under section 379; and 18
(c) with other necessary changes. 19
(3) To remove any doubt, it is declared that the amount of the 20
charge created under section 95 because of this section is a 21
charge on all the adjoining land. 22
Division 2 Enforcing mustering notices 23
381 Amounts payable by owner of stock 24
If an authorised person or person acting the direction of an 25
authorised person musters stock under section 330 the owner 26
of the stock must pay the local government the amount of the 27
costs reasonably incurred for mustering the stock. 28
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Part 1 Advisory panels
[s 382]
Division 3 Amounts recoverable as debt 1
382 Amounts recoverable by local government as a debt 2
(1) This section applies if under this Act a person must pay a local 3
government any of the following-- 4
(a) the permit fee for a travel permit or grazing permit; 5
(b) the overdue travel fee; 6
(c) the authority fee; 7
(d) the grazing fee; 8
(e) the harvesting fee; 9
(f) costs payable under section 379 or 381; 10
(g) costs stated in a grazing fee payment notice under 11
section 263(2). 12
(2) The amount of the fee or costs is a debt payable by the person 13
to the local government. 14
(3) If the person does not pay the amount of the fee or costs when 15
it is payable, interest is payable on the overdue amount at the 16
rate, and calculated in the way, prescribed under a regulation. 17
Chapter 9 Administrative matters 18
Part 1 Advisory panels 19
Division 1 Establishment 20
383 Chief executive may establish advisory panels 21
(1) The chief executive may establish an advisory panel to-- 22
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Chapter 9 Administrative matters
Part 1 Advisory panels
[s 383]
(a) give advice of a strategic nature to the chief executive 1
about the management and use of the stock route 2
network and public (stock access) land; and 3
(b) make recommendations to the chief executive about the 4
following-- 5
(i) classifying stock routes under chapter 2, part 2, 6
including working out threshold usage numbers for 7
stock; 8
(ii) use of the stock route network and public (stock 9
access) land, including, for example, under travel 10
or harvesting permits or grazing permits or 11
authorities; 12
(iii) managing stock facilities; 13
(iv) research into the management of the stock route 14
network and public (stock access) land; 15
(v) developing, implementing and reviewing 16
management plans for the stock route network and 17
public (stock access) land; 18
(vi) educational programs about the stock route 19
network; 20
(vii) policies about the management of the stock route 21
network and public (stock access) land; 22
(viii) major funding initiatives for stock route network 23
management; 24
(ix) other matters the chief executive directs. 25
(2) For each advisory panel, the chief executive must state its 26
functions and terms of reference. 27
(3) An advisory panel must report to the chief executive as the 28
chief executive directs. 29
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Chapter 9 Administrative matters
Part 1 Advisory panels
[s 384]
Division 2 Membership 1
384 Membership of advisory panels 2
(1) An advisory panel consists of the following members 3
appointed by the chief executive-- 4
(a) a chairperson; 5
(b) 1 person the chief executive considers has expertise in 6
stock route management; 7
(c) 3 persons nominated by the Local Government 8
Association of Queensland; 9
(d) 2 persons nominated by an entity representing the 10
interests of persons engaged in the pastoral industry and 11
prescribed under a regulation; 12
(e) 2 persons nominated by an entity the chief executive 13
considers represents the interests of the droving 14
industry; 15
(f) 1 person nominated by an entity the chief executive 16
considers represents conservation interests; 17
(g) 1 person, other than an employee of the department, 18
nominated by an entity the chief executive considers 19
represents cultural heritage interests, including, for 20
example, Aboriginal tradition. 21
(2) The chairperson must be a person whom the chief executive is 22
satisfied will act independently in the performance of the 23
chairperson's functions. 24
385 Failure of nominating entity to nominate person 25
(1) This section applies if a nominating entity does not nominate 26
a person for appointment as a member of an advisory panel. 27
(2) The chief executive may appoint a person as a member of the 28
advisory panel in place of a nominee of the nominating entity. 29
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Part 1 Advisory panels
[s 386]
(3) A person appointed under subsection (2) is taken to have been 1
nominated for appointment by the nominating entity. 2
(4) In this section-- 3
nominating entity means an entity mentioned in section 4
384(1)(c) to (g). 5
386 Appointment terms generally 6
A member of an advisory panel holds office on the terms not 7
provided for by this Act that are decided by the chief 8
executive. 9
387 Expenses and allowances 10
(1) This section applies to a member of an advisory panel who is 11
not a public service officer. 12
(2) The member is not entitled to be paid remuneration as a 13
member of the panel, other than the reimbursement of 14
reasonable expenses and travelling allowances. 15
388 Vacation of office 16
The office of a member of an advisory panel becomes vacant 17
if the member-- 18
(a) resigns by signed notice given to the chief executive; or 19
(b) becomes incapable of performing the member's duties 20
because of physical or mental incapacity; or 21
(c) otherwise ceases to be qualified to be a member; or 22
Example-- 23
the entity that nominated the person as a member withdrawing 24
the nomination 25
(d) dies. 26
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Part 1 Advisory panels
[s 389]
Division 3 Proceedings 1
389 Conduct of business 2
Subject to this division, an advisory panel may conduct its 3
business in the way it considers appropriate. 4
390 Time and place of meetings 5
(1) An advisory panel may hold its meetings when and where it 6
decides. 7
(2) However, the chairperson must call a meeting of the advisory 8
panel if asked by the chief executive. 9
391 Quorum 10
At an advisory panel meeting, 6 members form a quorum. 11
392 Presiding at meetings 12
(1) The chairperson must preside at all meetings at which the 13
chairperson is present. 14
(2) If the chairperson is absent, the member chosen by the 15
members present must preside. 16
393 Conduct of meetings 17
(1) A question at a meeting of an advisory panel is decided by a 18
majority of the votes of the members present. 19
(2) Each member present at the meeting has a vote on each 20
question to be decided and, if the votes are equal, the member 21
presiding also has a casting vote. 22
(3) A member present at the meeting may abstain from voting. 23
(4) An advisory panel may hold meetings, or allow members to 24
take part in its meetings, by using any technology allowing 25
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Part 1 Advisory panels
[s 394]
reasonably contemporaneous and continuous communication 1
between members taking part in the meeting. 2
Example-- 3
teleconferencing 4
(5) A member who takes part in a meeting of the advisory panel 5
under subsection (4) is taken to be present at the meeting. 6
394 Appointment of proxy 7
(1) A member of an advisory panel may appoint a proxy to act for 8
the member at a meeting of the advisory panel. 9
(2) The appointment of a proxy is effective only if the member 10
gives notice of the appointment to the chairperson before the 11
start of the meeting at which the proxy is to be exercised. 12
395 Disclosure of interests by advisory panel members 13
(1) This section applies to a member of an advisory panel if-- 14
(a) the member has an interest in a matter being considered, 15
or about to be considered, by the panel; and 16
(b) the interest could conflict with the proper performance 17
of the member's duties about the consideration of the 18
matter. 19
(2) As soon as practicable after the relevant facts come to the 20
member's knowledge, the member must disclose the nature of 21
the interest to a meeting of the advisory panel. 22
Maximum penalty--20 penalty units. 23
(3) Unless the advisory panel otherwise directs, the member must 24
not-- 25
(a) be present when the panel considers the matter; or 26
(b) take part in a decision of the panel about the matter. 27
Maximum penalty--20 penalty units. 28
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[s 396]
(4) The member must not be present when the advisory panel is 1
considering whether to give a direction under subsection (3). 2
Maximum penalty--20 penalty units. 3
(5) If there is another member who must, under subsection (2), 4
also disclose an interest in the matter, the other member must 5
not-- 6
(a) be present when the advisory panel is considering 7
whether to give a direction under subsection (3); or 8
(b) take part in making the decision about giving the 9
direction. 10
Maximum penalty--20 penalty units. 11
(6) A disclosure under subsection (2) must be recorded in the 12
advisory panel's minutes. 13
(7) In this section-- 14
interest, for an advisory panel member mentioned in section 15
384(1)(c) to (g), does not include an interest the member has 16
in common with members of the entity represented by the 17
member. 18
396 Recording dissenting opinions of members 19
(1) This section applies if-- 20
(a) a decision by a majority of votes of the members at a 21
meeting directly relates to-- 22
(i) the advisory panel's performance of a function; or 23
(ii) a report to the chief executive; and 24
(b) a member dissents from the opinion of the majority 25
about the decision and tells the chairperson or person 26
presiding at the meeting that the member's opinion is to 27
be recorded under subsection (2). 28
(2) The chairperson or person presiding at the meeting must 29
ensure a summary of the dissenting member's opinion and the 30
reasons for the opinion is recorded in-- 31
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Chapter 9 Administrative matters
Part 2 Financial provisions
[s 397]
(a) the minutes of the meeting; and 1
(b) if subsection (1)(a)(ii) applies, the report to the chief 2
executive. 3
397 Minutes 4
An advisory panel must keep minutes of its proceedings. 5
Part 2 Financial provisions 6
398 Amounts payable by local governments to department 7
(1) This section applies to each of the following amounts received 8
by a local government-- 9
(a) an amount paid under a water facility agreement; 10
(b) the permit fee for a travel permit or grazing permit; 11
(c) the overdue travel fee; 12
(d) the authority fee; 13
(e) the grazing fee. 14
(2) The local government must-- 15
(a) pay the portion of the amount prescribed under a 16
regulation to the department; and 17
(b) use any balance of the amount for the administration, 18
maintenance or improvement of the stock route network 19
or public (stock access) land in its area. 20
(3) For subsection (2)(a), the portion prescribed under a 21
regulation may be none or all of the amount. 22
(4) Also, payments under subsection (2)(a) must be made at 23
regular intervals, of not more than 3 months, decided by the 24
local government. 25
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Chapter 9 Administrative matters
Part 3 Intervention by the State
[s 399]
Part 3 Intervention by the State 1
399 Minister may direct local government to perform function 2
or obligation 3
(1) This section applies if the Minister reasonably believes a local 4
government is not performing any of its functions or 5
obligations under this Act. 6
Example-- 7
The Minister reasonably believes a local government has not prepared, 8
implemented or reviewed its local management plan. 9
(2) The Minister may, by notice to the local government, direct it 10
to perform the function or obligation. 11
(3) However, before giving the notice, the Minister must consult 12
with the local government and consider its views about the 13
performance of the function or obligation. 14
(4) The notice must state the following-- 15
(a) the function or obligation the Minister believes the local 16
government is not performing; 17
(b) what action the Minister requires the local government 18
to take to perform the function or obligation; 19
(c) the day by which the stated action must be taken. 20
(5) The local government must comply with the direction. 21
400 Chief executive may be directed to perform local 22
government's functions 23
(1) If a local government does not comply with a notice under 24
section 399(2), a regulation may-- 25
(a) state the function or obligation the local government has 26
not complied with; and 27
(b) declare that, for a stated period, the function or 28
obligation is given to the chief executive; and 29
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Chapter 10 Review
Part 1 Preliminary
[s 401]
(c) direct the chief executive to perform the function or 1
obligation or take stated action within the period 2
mentioned in paragraph (b). 3
(2) The chief executive, in performing the function or obligation 4
or taking the action, has the powers of the local government 5
before the regulation was made for the function, obligation or 6
action. 7
401 Local government to pay chief executive's costs 8
The costs reasonably incurred by the chief executive in 9
performing or taking action for a function or obligation of a 10
local government are a debt payable by it to the State. 11
402 Minister may ask for particular information from local 12
government 13
(1) The Minister may, by notice, ask a local government-- 14
(a) to give the Minister details of an amount payable by it 15
under this Act; or 16
(b) to give the Minister a written report about any function 17
or power performed or exercised, or required to be 18
performed or exercised, by it under this Act. 19
(2) The local government must comply with the request. 20
Chapter 10 Review 21
Part 1 Preliminary 22
403 Definitions for ch 10 23
In this chapter-- 24
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Chapter 10 Review
Part 1 Preliminary
[s 404]
affected local government see section 413(1). 1
aggrieved person see section 405. 2
consecutive travel permit refusal decision means-- 3
(a) a decision to refuse to issue a consecutive travel permit; 4
or 5
(b) a failure to make a decision that is taken to be a decision 6
to refuse to issue a consecutive travel permit. 7
original decision see section 404. 8
review application-- 9
(a) for part 2--see section 407(3); or 10
(b) for part 3--see section 410(3); or 11
(c) for part 4--see section 407(3) or 410(3). 12
review decision-- 13
(a) for part 2--see section 408(1); or 14
(b) for part 3--see section 411(1). 15
review decision notice-- 16
(a) for part 2--see section 409(1)(a); or 17
(b) for part 3--see section 412(1)(a). 18
reviewer, for part 4--see section 414. 19
404 What is an original decision 20
(1) An original decision is a decision mentioned in schedule 2, 21
part 1 or 2. 22
(2) An original decision includes a failure to make a decision that 23
is taken to be a decision to refuse to issue or amend a permit 24
or authority under this Act. 25
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Part 2 Review by chief executive officer
[s 405]
405 Who is the aggrieved person 1
(1) The aggrieved person, for a decision mentioned in schedule 2, 2
is the person mentioned opposite the decision in that schedule. 3
(2) The aggrieved person includes-- 4
(a) for an original decision--a person who is entitled to be 5
given, or is taken to be entitled to have been given, a 6
review notice for the decision; and 7
(b) for a decision mentioned in schedule 2, part 3--a person 8
who is entitled to be given, or is taken to be entitled to 9
have been given, an information notice for the decision. 10
Part 2 Review by chief executive 11
officer 12
406 Application of pt 2 to review of amount of grazing fee or 13
costs 14
(1) This section applies to a review application about-- 15
(a) the amount of a grazing fee or costs of a later inspection 16
stated in a grazing fee payment notice if the notice is 17
stayed under section 260 or 265 because of a priority 18
review application to QCAT; or 19
(b) the amount of the costs of a later inspection stated in a 20
grazing fee payment notice under section 263(2) if the 21
notice is stayed under section 265 because of a priority 22
review application to QCAT. 23
(2) This part-- 24
(a) does not apply to the review application while the 25
grazing fee payment notice is stayed; and 26
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Part 2 Review by chief executive officer
[s 407]
(b) otherwise, applies to the review application subject to 1
the decision of, and any orders made by, QCAT about 2
the priority review application. 3
(3) In this section-- 4
priority review application means an application for review 5
of-- 6
(a) a decision to issue a direction notice to which chapter 5, 7
part 6 applies; or 8
(b) the decisions to issue a grazing fee payment notice 9
under section 263(2) and the grazing fee liability notice 10
to which the grazing fee payment notice relates. 11
407 Review application 12
(1) An aggrieved person for a decision mentioned in schedule 2, 13
part 1 that has been made by or for a local government may 14
apply to the chief executive officer of the local government to 15
review the decision within 1 month after the person receives a 16
review notice about the decision. 17
(2) Also, the aggrieved person may apply to the chief executive 18
officer to review the decision if the local government has not 19
given the person a review notice about the decision. 20
(3) The application (the review application) must be in the 21
approved form and supported by enough information to 22
enable the chief executive officer to decide the application. 23
(4) The chief executive officer may extend the time mentioned in 24
subsection (1). 25
408 Reviewing original decision 26
(1) The chief executive officer must, within 10 business days after 27
receiving a review application for the original decision, review 28
the original decision and decide the review application (the 29
review decision) under this section. 30
(2) The application must not be dealt with by-- 31
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Part 2 Review by chief executive officer
[s 408]
(a) the person who made the original decision; or 1
(b) a person in a less senior office than the person who 2
made the original decision. 3
(3) Subsection (2)-- 4
(a) applies despite the Acts Interpretation Act 1954, section 5
27A; and 6
Editor's note-- 7
Acts Interpretation Act 1954, section 27A (Delegation of 8
functions or powers) 9
(b) does not apply to an original decision made by the chief 10
executive officer personally. 11
(4) The chief executive officer must decide the review application 12
by confirming the original decision or setting aside the 13
original decision and substituting the following decision-- 14
(a) for an original decision to refuse to issue a grazing, unfit 15
stock or harvesting permit--to issue the permit subject 16
to any reasonable conditions the chief executive officer 17
decides; 18
(b) for an original decision to impose a condition on issuing 19
a travel, unfit stock, grazing or harvesting permit or 20
grazing authority or extending a grazing permit or 21
renewing or surrendering a grazing authority--to 22
remove the condition or amend it in the way decided by 23
the chief executive officer and stated in the review 24
decision notice; 25
(c) for an original decision to refuse to amend or extend a 26
grazing permit or to amend a grazing permit other than 27
in a way requested by the aggrieved person--to amend 28
or extend the permit in the way requested by the 29
aggrieved person or in the way decided by the chief 30
executive officer and stated in the review decision 31
notice; 32
(d) for an original decision to impose an amendment of a 33
grazing or harvesting permit--to remove the 34
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Part 2 Review by chief executive officer
[s 409]
amendment or amend the permit in the way decided by 1
the chief executive officer and stated in the review 2
decision notice; 3
(e) for an original decision to cancel a harvesting 4
permit--to re-issue the permit subject to any reasonable 5
conditions the chief executive officer decides; 6
(f) for an original decision to refuse to waive all or part of 7
the overdue travel fee--to waive the fee or the part of 8
the fee or another amount decided by the chief executive 9
officer and stated in the review decision notice; 10
(g) for an original decision about the amount of a grazing 11
fee or costs of a later inspection payable--reducing the 12
amount of the grazing fee or costs to an amount decided 13
by the chief executive officer. 14
409 Review decision notice 15
(1) The chief executive officer must, as soon as possible after 16
making the review decision, give the aggrieved person-- 17
(a) a notice (the review decision notice) stating the review 18
decision; and 19
(b) if the chief executive officer decides to confirm the 20
original decision or substitutes a decision under section 21
408(4)(b) other than a decision requested by the 22
aggrieved person--an information notice about the 23
review decision. 24
(2) If the chief executive officer does not decide the review 25
application within 10 business days after receiving it, the chief 26
executive officer is taken to have made a review decision 27
confirming the original decision. 28
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Part 3 Review by chief executive
[s 410]
Part 3 Review by chief executive 1
410 Review application 2
(1) An aggrieved person for a decision mentioned in schedule 2, 3
part 2 may apply to the chief executive to review the decision 4
within 1 month after the person receives a review notice about 5
the decision. 6
(2) Also, the aggrieved person may apply to the chief executive to 7
review the decision if the local government by or for whom 8
the decision was made has not given the person a review 9
notice about the decision. 10
(3) The application (also the review application) must be in the 11
approved form and supported by enough information to 12
enable the chief executive to decide the application. 13
(4) The chief executive may extend the time mentioned in 14
subsection (1). 15
411 Reviewing original decision 16
(1) The chief executive must, within 10 business days after 17
receiving a review application for the original decision, review 18
the original decision and decide the review application (the 19
review decision) under this section. 20
(2) The chief executive must decide the review application by 21
confirming the original decision or setting aside the original 22
decision and directing the local government by or for whom it 23
was made-- 24
(a) for a decision to refuse to issue a grazing permit or 25
grazing authority or renew a grazing authority--to issue 26
the permit or authority or renew the authority subject to 27
any reasonable conditions the chief executive decides; 28
or 29
(b) for a decision to refuse to amend a travel permit or 30
grazing authority or to amend a travel permit or grazing 31
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Part 3 Review by chief executive
[s 412]
authority other than in a way requested by the aggrieved 1
person--to amend the permit or authority in the way 2
requested by the aggrieved person or in the way decided 3
by the chief executive and stated in the review decision 4
notice; or 5
(c) for a decision to impose an amendment of a travel 6
permit or grazing authority--to remove the amendment 7
or amend the permit or authority in the way decided by 8
the chief executive and stated in the review decision 9
notice; or 10
(d) for a decision to cancel a travel or grazing permit or 11
grazing authority--to re-issue the permit or authority 12
subject to any reasonable conditions the chief executive 13
decides. 14
412 Review decision notice 15
(1) The chief executive must, as soon as possible after making the 16
review decision, give the aggrieved person and the local 17
government by or for whom the original decision was made-- 18
(a) a notice (the review decision notice) stating the review 19
decision; and 20
(b) if the chief executive decides to confirm the original 21
decision or give a direction under section 411(2)(b) 22
other than a direction requested by the aggrieved 23
person--an information notice about the review 24
decision. 25
(2) The local government must comply with the review decision 26
notice. 27
(3) If the chief executive does not decide the review application 28
within 10 business days after receiving it, the chief executive 29
is taken to have made a review decision confirming the 30
original decision. 31
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Part 3 Review by chief executive
[s 413]
413 Special provisions for reviewing consecutive travel 1
permit refusal or cancellation decisions 2
(1) This section applies if, because of a consecutive travel permit 3
refusal decision or a decision to cancel a consecutive travel 4
permit, a local government (an affected local government) 5
must-- 6
(a) refuse to issue a consecutive travel permit under section 7
140(2); or 8
(b) cancel a consecutive travel permit under section 140(3) 9
or 176. 10
(2) The chief executive in reviewing the decision may give a 11
direction to the affected local government-- 12
(a) for the review of a consecutive travel permit refusal 13
decision--to issue a travel permit subject to any 14
reasonable conditions the chief executive decides; or 15
(b) for review of a decision to cancel a consecutive travel 16
permit--to re-issue a travel permit subject to any 17
reasonable conditions the chief executive decides. 18
Example-- 19
On review of a decision of a local government to refuse to issue a 20
consecutive travel permit, the chief executive revokes the decision and 21
directs the local government to issue a new consecutive travel permit 22
(the first permit) for its management area for a new permit period. The 23
chief executive also directs an affected local government to issue a new 24
consecutive travel permit with an adjusted permit period to complement 25
the new permit period under the first permit. 26
(3) However, before giving an affected local government a 27
direction under subsection (2), the chief executive must-- 28
(a) give the affected local government a notice stating 29
that-- 30
(i) the chief executive is considering making the 31
direction; and 32
(ii) the affected local government may make written 33
representations to the chief executive about the 34
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Chapter 10 Review
Part 4 Stay of operation of original decision
[s 414]
direction within a stated period of at least 3 1
business days; and 2
(b) consider any representations made under paragraph 3
(a)(ii). 4
(4) If the chief executive gives a direction to an affected local 5
government under subsection (2)-- 6
(a) the chief executive must give the affected local 7
government a notice stating the direction; and 8
(b) the affected local government must comply with the 9
direction. 10
Part 4 Stay of operation of original 11
decision 12
414 Definition for pt 4 13
In this part-- 14
reviewer means-- 15
(a) for an original decision mentioned in schedule 2, part 16
1--the chief executive officer of the local government 17
by or for whom the decision was made; or 18
(b) for an original decision mentioned in schedule 2, part 19
2--the chief executive. 20
415 Review application does not stay original decision 21
A review application for an original decision affects the 22
original decision, or the carrying out of the original decision, 23
only if the original decision is stayed. 24
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Chapter 10 Review
Part 4 Stay of operation of original decision
[s 416]
416 Reviewer may stay original decision 1
(1) The reviewer for an original decision may give a notice 2
staying the operation of the decision for a stated period to-- 3
(a) the aggrieved person; and 4
(b) if the reviewer is the chief executive--the local 5
government by or for whom the decision was made. 6
(2) The stay may be granted on conditions the reviewer considers 7
appropriate. 8
417 Application to QCAT for stay 9
(1) If an application is made for a review of an original decision, 10
the applicant may immediately apply, as provided under the 11
QCAT Act, to QCAT for a stay of the decision. 12
(2) QCAT may stay the decision to secure the effectiveness of the 13
review and any later review. 14
(3) The stay-- 15
(a) may be given on conditions QCAT considers 16
appropriate; and 17
(b) operates for the period fixed by QCAT; and 18
(c) may be revoked or amended by QCAT. 19
(4) The period of the stay must not extend past the time when the 20
reviewer makes a review decision about the original decision 21
and any later period QCAT allows the applicant to enable the 22
applicant to apply for a review of the review decision. 23
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Chapter 10 Review
Part 5 Review by QCAT
[s 418]
Part 5 Review by QCAT 1
418 Who may apply for review by QCAT 2
An aggrieved person for a decision mentioned in schedule 2, 3
part 3 may apply, as provided under the QCAT Act, to QCAT 4
for a review of the decision. 5
419 Special provisions for decisions involving consecutive 6
travel permits 7
(1) This section applies to a proceeding before QCAT for the 8
review of a consecutive travel permit refusal decision or a 9
decision to cancel a consecutive travel permit if, because of 10
the decision, there is an affected local government. 11
(2) Without limiting its review jurisdiction, if QCAT makes an 12
order joining the affected local government as a party to the 13
proceeding, QCAT may make the following ancillary 14
orders-- 15
(a) for the review of a consecutive travel permit refusal 16
decision--that the affected local government issue a 17
travel permit subject to any reasonable conditions 18
QCAT decides; 19
(b) for the review of a decision to cancel a consecutive 20
travel permit--that the affected local government 21
re-issue a travel permit subject to any reasonable 22
conditions QCAT decides. 23
(3) QCAT must give notice of its final decision in the proceeding 24
to the affected local government, if it is not joined as a party to 25
the proceeding. 26
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Chapter 11 Miscellaneous
Part 1 Stock route network map
[s 420]
Chapter 11 Miscellaneous 1
Part 1 Stock route network map 2
420 Amendment of stock route network map 3
(1) The chief executive may amend the stock route network map 4
to-- 5
(a) show the classification of a stock route as changed under 6
chapter 2, part 2, division 6; or 7
(b) show a stock route not previously shown on the map, 8
including, for example, under section 45(1)(c)(i); or 9
(c) show a road or route that is not already a stock route on 10
the map if it is necessary or desirable to achieve the 11
purpose of this Act; or 12
Example-- 13
showing a permanently closed road as a stock route to connect 14
existing stock routes shown on the map 15
(d) correct a clerical or formal error. 16
(2) An amendment of the stock route network map under 17
subsection (1)(a) to (c) does not take effect until it has been 18
approved under a regulation. 19
(3) Subsection (4) applies if a regulation mentioned in subsection 20
(2) approves an amendment of the stock route network map 21
and the amended map is not attached to the regulation. 22
(4) The Minister must, when the regulation is tabled in the 23
Legislative Assembly under the Statutory Instruments Act 24
1992, section 49, also table a copy of the amended stock route 25
network map. 26
(5) A failure to comply with subsection (4) does not invalidate or 27
otherwise affect the regulation. 28
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Chapter 11 Miscellaneous
Part 2 Evidence and legal proceedings
[s 421]
421 Access to the stock route network map 1
(1) The chief executive must do the following for the stock route 2
network map-- 3
(a) hold the map in a way that allows the boundaries of 4
parcels of land each stock route intersects to be shown; 5
(b) keep the map published on the department's website; 6
(c) make the map available for inspection during office 7
hours on business days, free of charge, by members of 8
the public at the department's regional offices decided 9
by the chief executive; 10
Editor's note-- 11
On the commencement of this section, the department's website 12
address was . 13
(d) permit a person to take extracts from the map or, on 14
payment of an appropriate fee, give the person a copy of 15
the map, or part of the map. 16
(2) The fee must be the reasonable, but no more than the actual, 17
cost of making and giving the copy. 18
Part 2 Evidence and legal 19
proceedings 20
Division 1 Evidence 21
422 Application of div 1 22
This division applies to a proceeding under this Act. 23
423 Appointments 24
It is not necessary to prove the following-- 25
(a) the chief executive's appointment; 26
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Chapter 11 Miscellaneous
Part 2 Evidence and legal proceedings
[s 424]
(b) the appointment of the chief executive officer of a local 1
government; 2
(c) an authorised person's appointment. 3
424 Signatures 4
A signature purporting to be the signature of a person 5
mentioned in section 423 is evidence of the signature it 6
purports to be. 7
425 Evidentiary aids 8
A certificate purporting to be signed by the chief executive, or 9
the chief executive officer of a local government, stating any 10
of the following matters is evidence of the matter-- 11
(a) a stated document is one of the following things made, 12
given, issued or kept under this Act-- 13
(i) an appointment, approval or decision; 14
(ii) a notice, direction or requirement; 15
(iii) a permit or authority; 16
(b) a stated document is another document kept under this 17
Act; 18
(c) a stated document is a copy of a thing mentioned in 19
paragraph (a) or (b); 20
(d) stated land was, on a stated day, or during a stated 21
period, in or on the stock route network or public (stock 22
access) land; 23
(e) on a stated day, or during a stated period, a stated person 24
was or was not the holder of a permit or authority; 25
(f) on a stated day, or during a stated period, a permit or 26
authority-- 27
(i) was or was not in force; or 28
(ii) was or was not subject to a stated condition; 29
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Chapter 11 Miscellaneous
Part 2 Evidence and legal proceedings
[s 426]
(g) on a stated day a permit or authority was suspended for 1
a stated period, surrendered or cancelled; 2
(h) on a stated day, or during a stated period, a stated 3
appointment, including a person's appointment as an 4
authorised person, or a stated approval was, or was not, 5
in force for a stated person or thing; 6
(i) on a stated day-- 7
(i) a stated person was given a stated notice or 8
direction under this Act; or 9
(ii) a stated requirement under this Act was made of a 10
stated person; 11
(j) a stated amount is payable under this Act by a stated 12
person. 13
Division 2 Legal proceedings 14
426 Summary proceedings for offences 15
(1) A proceeding for an offence against this Act is a summary 16
offence. 17
(2) The proceeding must start within-- 18
(a) 1 year after the commission of the offence; or 19
(b) 1 year after the commission of the offence comes to the 20
complainant's knowledge, but within 2 years after the 21
commission of the offence. 22
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Stock Route Network Management Bill 2011
Chapter 11 Miscellaneous
Part 3 Other provisions
[s 427]
Part 3 Other provisions 1
427 Delegation by Minister 2
The Minister may delegate the Minister's powers under this 3
Act to an appropriately qualified public service officer. 4
428 Delegation by chief executive 5
(1) The chief executive may delegate the chief executive's 6
powers under this Act to any of the following persons-- 7
(a) the chief executive officer of a local government; 8
(b) an officer of the department, or other person, the chief 9
executive considers is appropriately qualified to exercise 10
the power. 11
(2) However, the chief executive can not delegate the chief 12
executive's power to-- 13
(a) classify a stock route under chapter 2, part 2; or 14
(b) establish an advisory panel under section 383(1); or 15
(c) state an advisory panel's functions or terms of reference 16
under section 383(2); or 17
(d) appoint a person to be a member of an advisory panel 18
under section 384(1); or 19
(e) direct an advisory panel to make a recommendation or 20
report to the chief executive under section 383(1)(b)(ix) 21
or (3); or 22
(f) ask an advisory panel to call a meeting under section 23
390(2). 24
(3) The chief executive officer of a local government may 25
subdelegate to an appropriately qualified person a power 26
delegated to the chief executive officer under subsection (1). 27
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Chapter 11 Miscellaneous
Part 3 Other provisions
[s 429]
(4) A delegation of a power under subsection (1) to an officer of 1
the department may permit the subdelegation of the power to 2
an appropriately qualified person. 3
429 Delegation by chief executive officer 4
(1) The chief executive officer of a local government may 5
delegate the chief executive officer's powers under this Act to 6
an appropriately qualified officer of the local government. 7
(2) However, the chief executive officer can not delegate a power 8
under this Act that has been delegated by the local 9
government, if the local government has directed the chief 10
executive officer not to further delegate the power. 11
430 Protection from liability 12
(1) This section applies to each of the following persons (a 13
relevant person)-- 14
(a) the Minister; 15
(b) the chief executive; 16
(c) an officer or employee of the department; 17
(d) the chief executive officer of a local government; 18
(e) an officer or employee of a local government; 19
(f) an authorised person; 20
(g) a person helping an authorised person at the authorised 21
person's direction. 22
(2) A relevant person is not civilly liable to someone for an act 23
done, or an omission made, honestly and without negligence 24
under this Act. 25
(3) If subsection (2) prevents a civil liability attaching to a 26
relevant person, the liability attaches instead to-- 27
(a) for a relevant person mentioned in subsection (1)(a), (b) 28
or (c), an authorised person appointed by the chief 29
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Chapter 11 Miscellaneous
Part 3 Other provisions
[s 431]
executive or a person helping the authorised person at 1
the authorised person's direction--the State; or 2
(b) for a relevant person mentioned in subsection (1)(d) or 3
(e), an authorised person appointed by the chief 4
executive officer of a local government or a person 5
helping the authorised person at the authorised person's 6
direction--the local government. 7
(4) In this section-- 8
civil liability includes liability for the payment of costs 9
ordered to be paid in a proceeding for an offence against this 10
Act. 11
431 Approved forms 12
The chief executive may approve forms for use under this Act. 13
432 Regulation-making power 14
(1) The Governor in Council may make regulations under this 15
Act. 16
(2) A regulation may be made about-- 17
(a) fees, costs or charges payable under this Act, including 18
when fees, costs or charges are payable; and 19
(b) the type of signage that must be used and the way the 20
signage must be used by persons who hold permits or 21
authorities for, or are in charge of, stock travelling or 22
grazing on the stock route network or public (stock 23
access) land. 24
(3) A regulation may impose a penalty of no more than 20 penalty 25
units for contravention of a regulation. 26
Page 274
Stock Route Network Management Bill 2011
Chapter 12 Transitional provisions
Part 1 General provisions
[s 433]
Chapter 12 Transitional provisions 1
Part 1 General provisions 2
Division 1 Preliminary 3
433 Definitions for pt 1 4
In this part-- 5
commencement means the commencement of this section. 6
pre-amended Act means the Land Protection (Pest 7
Management) Act 2002 as it was in force immediately before 8
the commencement. 9
Division 2 References to pre-amended Act 10
434 References to pre-amended Act and provisions relating 11
to stock route network management 12
(1) This section applies to a reference in a document to the 13
pre-amended Act or a provision of the pre-amended Act if the 14
reference relates to management or use of the stock route 15
network or public (stock access) land under the pre-amended 16
Act. 17
(2) The reference to the pre-amended Act may, if the context 18
permits, be taken to be a reference to this Act. 19
(3) The reference to the provision of the pre-amended Act may, if 20
the context permits, be taken to be a reference to the 21
corresponding provision of this Act. 22
Page 275
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Chapter 12 Transitional provisions
Part 1 General provisions
[s 435]
Division 3 Stock route management plans 1
435 Initial preparation of State management plan 2
(1) This section applies to the chief executive for preparing the 3
State management plan for the first time after the 4
commencement. 5
(2) The chief executive is not required to finish preparing the 6
management plan until 1 year after the commencement. 7
(3) This section applies despite section 15. 8
436 Existing State management strategy continues 9
(1) The existing State management strategy continues until the 10
first of the following happens-- 11
(a) the State management plan is prepared for the first time; 12
(b) the end of 1 year after the commencement. 13
(2) In this section-- 14
existing State management strategy means the State stock 15
route network management strategy prepared under chapter 3, 16
part 2 of the pre-amended Act and in force immediately 17
before the commencement. 18
437 Initial preparation of local management plan 19
(1) This section applies to a local government that must prepare a 20
local management plan under section 63 for preparing its local 21
management plan for the first time after the commencement. 22
(2) The local government is not required to finish preparing the 23
management plan until the later of the following-- 24
(a) 2 years after the chief executive prepares the State 25
management plan for the first time after the 26
commencement; 27
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Chapter 12 Transitional provisions
Part 1 General provisions
[s 438]
(b) 3 years after the commencement. 1
(3) This section applies despite sections 63, 72 and 73. 2
438 Existing management plans continue 3
(1) This section applies if, immediately before the 4
commencement, an existing management plan was in force 5
for a local government area. 6
(2) The plan continues until the later of the following-- 7
(a) 1 year after the State management plan is prepared for 8
the first time after the commencement; 9
(b) 2 years after the commencement. 10
(3) In this section-- 11
existing management plan means a stock route network 12
management plan prepared under chapter 3, part 3 of the 13
pre-amended Act. 14
Division 4 Stock route classification 15
439 Stock route classifications on commencement 16
(1) On and from the commencement-- 17
(a) a stock route shown as a primary A stock route on the 18
stock route network map is classified as a primary A 19
stock route; and 20
(b) a stock route shown as a primary B stock route on the 21
stock route network map is classified a primary B stock 22
route; and 23
(c) a stock route shown as a secondary stock route on the 24
stock route network map is classified as a secondary 25
stock route. 26
(2) The classification of a stock route under subsection (1) 27
continues until it is reviewed under chapter 2, part 2, division 28
Page 277
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Chapter 12 Transitional provisions
Part 1 General provisions
[s 440]
4 or section 440 and changed under section 43(1) or that 1
provision as applied under section 440(5). 2
(3) Sections 27 and 29 do not apply to the classification of a stock 3
route under subsection (1). 4
(4) However, to remove any doubt, it is declared that-- 5
(a) section 29 applies for-- 6
(i) reviewing the classification of a stock route under 7
chapter 2, part 2, division 4 or section 440(1) and 8
(3); and 9
(ii) changing the classification of a stock route under 10
chapter 2, part 2, division 6 or sections 42 and 43 11
as applied under section 440(5); and 12
(b) section 27 applies to the classification of a stock route if 13
it is changed as mentioned in subsection (2). 14
440 Initial deciding of threshold usage numbers and review of 15
classification of stock routes 16
(1) The chief executive must, within 2 years after the 17
commencement-- 18
(a) decide the upper threshold usage number under section 19
31 and the lower threshold usage number under section 20
32; and 21
(b) review the classification of each stock route under 22
subsection (3). 23
(2) However, the chief executive need not review the 24
classification of a stock route under subsection (3) if-- 25
(a) the chief executive has reviewed the classification of the 26
stock route under section 37; or 27
(b) the chief executive has received a submission under 28
section 40(2) proposing a change of the classification of 29
the stock route. 30
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Chapter 12 Transitional provisions
Part 1 General provisions
[s 441]
(3) In reviewing the classification of a stock route for subsection 1
(1)(b), the chief executive must-- 2
(a) consider the usage factors for the stock route; and 3
(b) consider whether or not it may be appropriate to change 4
the classification. 5
(4) If the chief executive considers it is not appropriate to change 6
the classification, the chief executive must confirm the current 7
classification. 8
(5) If the chief executive considers it may be appropriate to 9
change the classification, the following apply-- 10
(a) section 42, as if the reference in that section to section 11
37 were a reference to subsections (1)(b) and (3); 12
(b) section 43; 13
(c) section 45, as if the reference in that section to section 14
43 were a reference to section 43 as applied under 15
paragraph (b). 16
Division 5 Existing water facility agreements 17
441 Existing water facility agreements continue 18
(1) This section applies to an existing water facility agreement in 19
force immediately before the commencement. 20
(2) The agreement continues as a water facility agreement under 21
this Act until the end of the term stated in it, unless it is sooner 22
ended. 23
(3) In this section-- 24
existing water facility agreement means a water facility 25
agreement entered into under section 163 of the pre-amended 26
Act. 27
Page 279
Stock Route Network Management Bill 2011
Chapter 12 Transitional provisions
Part 1 General provisions
[s 442]
Division 6 Existing travel and agistment 1
permits and applications 2
442 Existing travel permits continue 3
(1) This section applies to an existing travel permit in force 4
immediately before the commencement. 5
(2) Subject to subsections (3) to (7), the permit continues as a 6
standard travel permit under this Act until the end of the term 7
stated in it. 8
(3) Despite sections 55, 56 and 89, the permit is not affected by a 9
closed area declaration, conditional use area declaration or 10
special management condition. 11
(4) Section 290 does not apply to driving stock on a part of the 12
stock route network or public (stock access) land under the 13
permit. 14
Editor's note-- 15
Section 290 (Driving or grazing stock in contravention of declaration or 16
special management condition) 17
(5) Despite section 170, the issuing local government can not 18
amend it under that section, unless the permit holder consents. 19
(6) Despite section 172, the only grounds for cancelling the 20
permit are the grounds mentioned in section 172(1)(a) to (c). 21
(7) Subsections (3) to (6) stop applying 6 months after the 22
commencement. 23
(8) In this section-- 24
existing travel permit means a stock route travel permit issued 25
under chapter 3, part 5 of the pre-amended Act. 26
443 Existing agistment permits 27
(1) This section applies to an existing agistment permit in force 28
immediately before the commencement. 29
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Chapter 12 Transitional provisions
Part 1 General provisions
[s 444]
(2) Subject to subsections (3) to (6), but despite section 198(1), 1
the permit continues as an emergency grazing permit under 2
this Act until the end of the term stated in it. 3
(3) Despite sections 55, 56 and 89, the permit is not affected by a 4
closed area declaration, conditional use area declaration or 5
special management condition. 6
(4) Section 290 does not apply to grazing stock on a part of the 7
stock route network or public (stock access) land under the 8
permit. 9
(5) Despite section 231, the issuing local government can not 10
amend it under that section, unless the permit holder consents. 11
(6) Despite section 242, the only grounds for cancelling the 12
permit are the grounds mentioned in section 242(a) to (d). 13
(7) In this section-- 14
existing agistment permit means a stock route agistment 15
permit issued under chapter 3, part 4 of the pre-amended Act. 16
444 Undecided permit applications 17
(1) This section applies if-- 18
(a) before the commencement, an application was made to a 19
local government for-- 20
(i) a stock route agistment permit under chapter 3, 21
part 4 of the pre-amended Act; or 22
(ii) a stock route travel permit issued under chapter 3, 23
part 5 of the pre-amended Act; and 24
(b) the application has not been decided. 25
(2) The application for the stock route agistment permit is taken 26
to be an application for an emergency grazing permit made 27
under section 179(1). 28
(3) The application for the stock route travel permit is taken to be 29
a single area permit application and the fee under section 30
124(g) is taken to have been paid. 31
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Stock Route Network Management Bill 2011
Chapter 12 Transitional provisions
Part 2 Transition from existing permits to occupy to grazing authorities
[s 445]
(4) However, subsection (2) or (3) does not prevent the local 1
government from asking the applicant to do either of the 2
following for deciding the application-- 3
(a) giving the local government further relevant information 4
or documents; 5
(b) agreeing to change the application. 6
Part 2 Transition from existing 7
permits to occupy to grazing 8
authorities 9
445 Definitions for pt 2 10
In this part-- 11
closing day means 1 July next after the second anniversary of 12
the commencement. 13
Example-- 14
If this section commences on 1 July 2012, the closing day would be 1 15
July 2015. 16
commencement means the commencement of this section. 17
existing permit to occupy means a permit to occupy a reserve 18
or road that was in force immediately before the 19
commencement and has continued in force since the 20
commencement. 21
permit land means the land subject to an existing permit to 22
occupy. 23
446 Application for grazing authority 24
(1) This section applies if the holder of an existing permit to 25
occupy applies under chapter 5, part 3 to a local government 26
Page 282
Stock Route Network Management Bill 2011
Chapter 12 Transitional provisions
Part 2 Transition from existing permits to occupy to grazing authorities
[s 447]
for a grazing authority for the permit land before the closing 1
day. 2
(2) Despite section 205-- 3
(a) section 205(2) does not apply to the application; and 4
(b) the application is not required to be accompanied by the 5
fee mentioned in section 206(d). 6
(3) If the permit holder and another person apply for a grazing 7
authority for the permit land, the local government must 8
decide the permit holder's application before deciding any 9
other application. 10
(4) Despite section 211, section 211(1)(a)(i) does not apply to the 11
local government for deciding the application only because 12
the permit land is subject to the existing permit to occupy. 13
(5) Section 212 applies to deciding the application subject to 14
subsection (3). 15
(6) If this section is applied to an application for a grazing 16
authority for permit land under subsection (1), the section 17
does not apply to a later application for a grazing authority for 18
the permit land. 19
447 Grazing authority 20
(1) This section applies if-- 21
(a) the holder of an existing permit to occupy applies to a 22
local government for a grazing authority for the permit 23
land before the closing day; and 24
(b) the local government issues the grazing authority. 25
(2) Despite section 220(1), the authority period must be-- 26
(a) if the authority area includes part of a primary stock 27
route or a primary reserve--2 years; or 28
(b) otherwise--5 years. 29
(3) Subject to subsection (4), the authority period must start on 1 30
July next after the grazing authority is issued. 31
Page 283
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 1 Amendment of this Act
[s 448]
(4) Despite section 220(2), if the grazing authority is issued after 1
the closing day, the grazing authority is taken to have started 2
on the closing day. 3
448 Renewal of particular grazing authorities 4
(1) This section applies if-- 5
(a) the authority area for a grazing authority mentioned in 6
section 447(1)(b) includes part of a primary stock route 7
or a primary reserve; and 8
(b) the holder of the grazing authority applies under section 9
223 to the local government to renew the authority; and 10
(c) the local government decides to grant the application. 11
(2) The local government must renew the grazing authority for 12
the period, of no more than 3 years, requested by the authority 13
holder. 14
Chapter 13 Amendment of this Act and 15
other legislation 16
Part 1 Amendment of this Act 17
449 Act amended 18
This part amends the Stock Route Network Management Act 19
2011. 20
450 Amendment of long title 21
Long title, from `associated land'-- 22
Page 284
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 451]
omit, insert-- 1
`associated land'. 2
451 Amendment of s 6 (Dictionary) 3
Section 6, `schedule 4'-- 4
omit, insert-- 5
`schedule 3'. 6
452 Renumbering of sch 4 (Dictionary) 7
Schedule 4-- 8
renumber as schedule 3. 9
Part 2 Consequential amendments of 10
other Acts and regulation 11
Division 1 Amendment of Land Act 1994 12
453 Act amended 13
This division amends the Land Act 1994. 14
454 Amendment of s 159 (General provisions for deciding 15
application) 16
Section 159(1)-- 17
insert-- 18
`(p) whether part of the lease land is needed for a stock 19
route; 20
Page 285
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 455]
(q) if there is a stock route on the lease land, whether the 1
stock route is an appropriate width of no more than 2
1.6km.'. 3
455 Amendment of s 167 (Provisions for deciding application) 4
Section 167(1)-- 5
insert-- 6
`(p) whether part of the lease land is needed for a stock 7
route; 8
(q) if there is a stock route on the lease land, whether the 9
stock route is an appropriate width of no more than 10
1.6km.'. 11
456 Amendment of s 177 (Chief executive may issue permit) 12
(1) Section 177(1)-- 13
omit, insert-- 14
`(1) The chief executive may issue a permit to occupy for-- 15
(a) unallocated State land; or 16
(b) a reserve; or 17
(c) a road, other than for grazing. 18
Note-- 19
Grazing authorities can be issued for grazing of stock on 20
particular roads under the Stock Route Network Management Act 21
2011.'. 22
(2) Section 177(2), `The permit may'-- 23
omit, insert-- 24
`Subject to subsection (1)(c), the permit may'. 25
457 Insertion of new ch 9, pt 1K 26
Chapter 9-- 27
Page 286
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 457]
insert-- 1
`Part 1K Transitional provisions for 2
Stock Route Network 3
Management Act 2011 4
`521ZD Definitions for pt 1K 5
`In this part-- 6
closing day means 1 July next after the second anniversary of 7
the commencement. 8
Example-- 9
If this section commenced on 1 July 2012, the closing day would be 1 10
July 2015. 11
commencement means the commencement of this section. 12
existing permit means a permit to occupy for a reserve or road 13
that was in force immediately before the commencement and 14
has continued in force since the commencement. 15
grazing authority means a grazing authority issued under the 16
Stock Route Network Management Act 2011. 17
replacement permit means a permit to occupy-- 18
(a) issued to replace an existing permit mentioned in section 19
521ZE(1)(b); and 20
(b) stating-- 21
(i) the purposes stated in the existing permit, other 22
than grazing; and 23
(ii) the terms stated in the existing permit, other than 24
terms including, or allowing for, grazing; and 25
(c) including changes to the existing permit necessary or 26
convenient for stating the matters under paragraph (b)(i) 27
and (ii). 28
transition day, for an existing permit, means-- 29
Page 287
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 457]
(a) if a grazing authority is issued for the permit land sooner 1
than 1 year before the closing day--1 July next after the 2
day the authority is issued; or 3
(b) if an application has been made under the Stock Route 4
Network Management Act 2011 for a grazing authority 5
for the permit land before the closing day and has not 6
been decided by the end of that day--the day the 7
application is decided; or 8
(c) otherwise--the closing day. 9
Note-- 10
See also the Stock Route Network Management Act 2011, chapter 12, 11
part 2 (Transition from existing permits to occupy to grazing 12
authorities). 13
`521ZE Cancellation of existing permits 14
`(1) This section applies to an existing permit that was issued-- 15
(a) only for grazing; or 16
(b) either-- 17
(i) for grazing and another purpose; or 18
(ii) for a purpose or on terms, that include, or allow 19
for, grazing and another thing. 20
`(2) The existing permit is cancelled at the end of the permit's 21
transition day. 22
`(3) If an existing permit is cancelled under subsection (2), the 23
chief executive must-- 24
(a) register a cancellation notice for the permit; and 25
(b) give notice of the cancellation to-- 26
(i) the permittee; and 27
(ii) any other entity with a registered interest in the 28
permit land. 29
Page 288
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 457]
`(4) Section 180B does not apply to cancellation of the existing 1
permit. 2
`(5) Section 180E(2) applies to a notice given under subsection 3
(3)(b). 4
`(6) However, the notice under subsection (3)(b) must state that 5
the permittee may apply to remove any improvements on the 6
permit land owned by the permittee only if-- 7
(a) either of the following apply-- 8
(i) the permittee has not applied for a grazing 9
authority for the permit land and does not intend to 10
apply for a grazing authority for the permit land 11
before the closing day; 12
(ii) the permittee has applied under the Stock Route 13
Network Management Act 2011 for a grazing 14
authority before the closing day and the application 15
has been refused under that Act; and 16
(b) for an existing permit mentioned in subsection 17
(1)(b)--the permittee has given the chief executive a 18
written request not to issue a replacement permit. 19
`(7) Sections 180F, 180G and 180H apply to cancellation of an 20
existing permit under subsection (2). 21
`(8) However, sections 180G and 180H do not apply to the 22
cancellation if-- 23
(a) the permittee has been issued a grazing authority or 24
replacement permit for the permit land; or 25
(b) the permittee has applied under the Stock Route Network 26
Management Act 2011 for a grazing authority before the 27
closing day and the application has not been decided 28
under that Act. 29
`521ZF Issue of replacement permits 30
`(1) This section applies to an existing permit mentioned in section 31
521ZE(1)(b) that is cancelled under that section. 32
Page 289
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 457]
`(2) The chief executive must issue the permittee a replacement 1
permit for the existing permit, unless the permittee has given 2
the chief executive a written request not to issue a replacement 3
permit. 4
`(3) If a replacement permit is issued under subsection (2), section 5
177(2) applies to the issue of the permit subject to section 6
521ZD, definition replacement permit and subsections (4) and 7
(5). 8
`(4) Grazing is not authorised under the replacement permit. 9
`(5) The term of the replacement permit-- 10
(a) starts at the beginning of the day after the transition day, 11
or is taken to have started at that time if the replacement 12
permit is issued on or after the transition day; and 13
(b) unless the replacement permit is sooner cancelled, ends 14
when the term of the existing permit would have ended 15
if that permit had not been cancelled. 16
`(6) Sections 177(3) and 177B do not apply to the issue of the 17
replacement permit. 18
`(7) Section 177D(1) applies to giving notice of the issue of the 19
replacement permit as if the chief executive had given a notice 20
about the permit under section 177B to each entity to which 21
notice would have been required to have been given under that 22
section if it had applied. 23
`(8) No fee is payable for issuing the replacement permit. 24
`(9) If, at the end of the transition day, an amount of rent is owed 25
by, or has been credited to the account of, the permittee for the 26
existing permit, the amount is owed or credited in relation to 27
the replacement permit. 28
`(10) No compensation is payable for grazing not being authorised 29
under the replacement permit. 30
`521ZG Surrender of replacement permits 31
`(1) This section applies if-- 32
Page 290
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 458]
(a) a replacement permit is issued under section 521ZF(2); 1
and 2
(b) the permittee applies to surrender the permit under 3
section 180A(2) within 3 months after the permit is 4
issued. 5
`(2) There is no fee payable for the application. 6
`(3) Despite section 180B(1) and 180E(3), the chief executive 7
must approve the surrender of the replacement permit. 8
`(4) The notice under section 180E(1) must state that the permittee 9
may apply to remove any improvements on the permit land 10
only if-- 11
(a) the permittee-- 12
(i) has not applied for a grazing authority for the 13
permit land; and 14
(ii) does not intend to apply for a grazing authority for 15
the permit land before the closing day; or 16
(b) the permittee has applied under the Stock Route Network 17
Management Act 2011 for a grazing authority before the 18
closing day and the application has been refused under 19
that Act. 20
`(5) Sections 180G and 180H do not apply to the surrender of the 21
permit if-- 22
(a) the permittee has been issued a grazing authority for the 23
permit land; or 24
(b) the permittee has applied under the Stock Route Network 25
Management Act 2011 for a grazing authority before the 26
closing day and the application has not been decided 27
under that Act.'. 28
458 Amendment of sch 6 (Dictionary) 29
(1) Schedule 6, definitions declared pest and stock route-- 30
omit. 31
Page 291
Stock Route Network Management Bill 2011
Chapter 13 Amendment of this Act and other legislation
Part 2 Consequential amendments of other Acts and regulation
[s 459]
(2) Schedule 6-- 1
insert-- 2
`closing day, for chapter 9, part 1K, see section 521ZD. 3
commencement, for chapter 9, part 1K, see section 521ZD. 4
declared pest, see the Land Protection (Pest Management) Act 5
2002, schedule 3. 6
existing permit, for chapter 9, part 1K, see section 521ZD. 7
grazing authority, for chapter 9, part 1K, see section 521ZD. 8
permit to occupy means a permit issued under section 177. 9
replacement permit, for chapter 9, part 1K, see section 10
521ZD. 11
stock route see the Stock Route Network Management Act 12
2011, section 7(1). 13
transition day, for chapter 9, part 1K, see section 521ZD.'. 14
Division 2 Amendment of Land Protection 15
(Pest and Stock Route 16
Management) Act 2002 17
459 Act amended 18
This division amends the Land Protection (Pest and Stock 19
Route Management) Act 2002. 20
460 Amendment of long title 21
Long title, `the management of the stock route network, 22
and'-- 23
omit. 24
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[s 461]
461 Amendment of s 1 (Short title) 1
Section 1, `and Stock Route'-- 2
omit. 3
462 Replacement of s 3 (Main purpose of Act) 4
Section 3-- 5
omit, insert-- 6
`3 Main purpose of Act 7
`The main purpose of this Act is to provide for pest 8
management for land.'. 9
463 Amendment of s 4 (How purpose is achieved) 10
(1) Section 4(a), `and stock route network management'-- 11
omit. 12
(2) Section 4(b), `and stock route network management 13
planning'-- 14
omit. 15
(3) Section 4(f), (h) and (j)-- 16
omit. 17
(4) Section 4(k), `and the movement of travelling stock'-- 18
omit. 19
(5) Section 4(g) to (k)-- 20
renumber as section 4(f) to (h). 21
464 Omission of ch 3 (Stock route network management) 22
Chapter 3-- 23
omit. 24
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[s 465]
465 Replacement of s 183 (Functions of local governments) 1
Section 183-- 2
omit, insert-- 3
`183 Functions of local governments 4
`(1) The function of a local government under this Act is to ensure 5
declared pests are managed within its area under this Act and 6
the principles of pest management. 7
`(2) However, subsection (1) does not apply to a declared pest in 8
the operational area of a pest operational board.'. 9
466 Amendment of s 184 (Minister may direct local 10
government to perform function or obligation) 11
Section 184(1), example, `or stock route network 12
management plan'-- 13
omit. 14
467 Amendment of s 187 (Minister may require local 15
government to make annual payment) 16
Section 187(1), `or stock route network'-- 17
omit. 18
468 Amendment of ch 5 hdg (Land protection council and 19
Land Protection Fund) 20
Chapter 5, heading, `Land protection council and'-- 21
omit. 22
469 Omission of ch 5, pt 1 and ch 5, pt 2, hdg 23
Chapter 5, part 1 and chapter 5, part 2, heading-- 24
omit. 25
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[s 470]
470 Omission of s 212 (Local government's payment of 1
amounts into fund) 2
Section 212-- 3
omit. 4
471 Amendment of s 291 (Appointments) 5
(1) Section 291(c)-- 6
omit. 7
(2) Section 291(d) and (e)-- 8
renumber as section 291(c) and (d). 9
472 Amendment of s 302 (Compensation) 10
Section 302(1), from `95' to `274'-- 11
omit, insert-- 12
`95 or 274'. 13
473 Amendment of s 304 (Delegation by Minister) 14
(1) Section 304(2)(b) to (d)-- 15
omit. 16
(2) Section 304(2)(e) and (f)-- 17
renumber as section 304(2)(b) and (c). 18
474 Amendment of s 305 (Delegation by chief executive) 19
Section 305(2), from `power'-- 20
omit, insert-- 21
`power to make an emergency pest notice under section 22
37(2).'. 23
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[s 475]
475 Amendment of s 309 (Regulation-making power) 1
Section 309(2)-- 2
omit, insert-- 3
`(2) A regulation may be made about charges, costs or fees 4
payable under this Act.'. 5
476 Insertion of new ch 11, pt 4 6
Chapter 11-- 7
insert-- 8
`Part 4 Transitional provisions for 9
Stock Route Network 10
Management Act 2011 11
`334 References to former short title of Act relating to 12
pest management 13
`(1) This section applies to a reference in a document to the former 14
short title of this Act if the reference relates to pest 15
management for land. 16
`(2) The reference may, if the context permits, be taken to be a 17
reference to the short title of this Act as amended. 18
`(3) In this section-- 19
former short title means the Land Protection (Pest and Stock 20
Route Management) Act 2002. 21
`335 Dissolution of former land protection council 22
`(1) On the commencement of this section-- 23
(a) the former land protection council is dissolved; and 24
(b) the members of the council go out of office. 25
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[s 477]
`(2) No compensation is payable to a member because of 1
subsection (1). 2
`(3) In this section-- 3
former land protection council means the Land Protection 4
(Pest and Stock Route Management) Council established 5
under section 189 of the Act as it was in force before the 6
commencement of this section.'. 7
477 Amendment of sch 1 (Reviewable decisions and 8
aggrieved persons) 9
Schedule 1, entry for `Confirming issuing entity's decision 10
about a stock route agistment permit' and each subsequent 11
entry-- 12
omit. 13
478 Amendment of sch 3 (Dictionary) 14
(1) Schedule 3, definitions agistment period, chairperson, fencing 15
notice, issuing entity, land protection council, mustering 16
notice, notifiable disease, principles of stock route network 17
management, relevant land, reserve for travelling stock, 18
review notice, State stock route network management strategy, 19
stock-proof, stock route, stock route agistment permit, stock 20
route network, stock route travel permit, stray stock, 21
submission period, travelling stock, travelling stock facility, 22
water facility and water facility agreement-- 23
omit. 24
(2) Schedule 3-- 25
insert-- 26
`chairperson, for chapter 6, means the chairperson of a pest 27
operational board's board of directors. 28
issuing entity, for a pest control notice, means-- 29
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[s 479]
(a) for a declared pest the subject of a pest control 1
campaign directed and managed by the chief executive 2
to control or eradicate the declared pest--the chief 3
executive; or 4
(b) for a declared pest on land in the operational area of a 5
pest operational board--the pest operational board; or 6
(c) otherwise--the local government for the local 7
government area in which the land to which the notice 8
relates is situated. 9
stock route see the Stock Route Network Management Act 10
2011, section 7(1). 11
submission period, for a pest management plan, see section 12
28(2)(c).'. 13
Division 3 Amendment of Stock Act 1915 14
479 Act amended 15
This division amends the Stock Act 1915. 16
480 Amendment of s 21B (Issue of a travel permit) 17
Section 21B(2)-- 18
insert-- 19
`(d) if the stock are to be moved on the stock route network, 20
the applicant has a stock route travel permit for the 21
stock.'. 22
481 Amendment of s 21C (Application for travel permit) 23
(1) Section 21C(2)(n)-- 24
renumber as section 21C(2)(o). 25
(2) Section 21C(2)-- 26
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[s 482]
insert-- 1
`(n) if the stock are to be moved on the stock route 2
network--the information contained in a stock route 3
travel permit for the stock.'. 4
482 Amendment of s 21D (Change of route under a travel 5
permit) 6
Section 21D(3)-- 7
omit, insert-- 8
`(3) The inspector may approve the change of route only if-- 9
(a) the inspector is satisfied the movement of the stock by 10
the changed route is not likely to lead to the spread of 11
disease; and 12
(b) for a change of route involving movement of the stock 13
on the stock route network--the movement is allowed 14
under a stock route travel permit.'. 15
483 Amendment of s 21E (Travel permit for multiple 16
movements) 17
Section 21E-- 18
insert-- 19
`(2) However, each movement of the stock must be allowed under 20
a stock route travel permit.'. 21
484 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2, definition stock route-- 23
omit. 24
(2) Schedule 2-- 25
insert-- 26
`stock route see the Stock Route Network Management Act 27
2011, section 7(1). 28
Page 299
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Part 2 Consequential amendments of other Acts and regulation
[s 485]
stock route network see the Stock Route Network 1
Management Act 2011, section 8. 2
stock route travel permit means a travel permit under the 3
Stock Route Network Management Act 2011, schedule 3.'. 4
Division 4 Amendment of Transport 5
Infrastructure Act 1994 6
485 Act amended 7
This division amends the Transport Infrastructure Act 1994. 8
486 Insertion of new ch 21, pt 4 9
Chapter 21-- 10
insert-- 11
`Part 4 Transitional provision for Stock 12
Route Network Management 13
Act 2011 14
`582 Effect of regulation amendment 15
`The amendment of the Transport Infrastructure 16
(State-controlled Roads) Regulation 2006 under the Stock 17
Route Network Management Act 2011 does not affect the 18
power of the Governor in Council to further amend the 19
regulation or to repeal it.'. 20
487 Amendment of sch 6 (Dictionary) 21
(1) Schedule 6, definition ancillary works and encroachments, 22
paragraph (b)(ii), (iii) and (iv)-- 23
omit, insert-- 24
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[s 488]
`(ii) clearing, trimming or slashing, other than for 1
harvesting pasture under the Stock Route Network 2
Management Act 2011, section 101 or a harvesting 3
permit under that Act;'. 4
(2) Schedule 6, definition ancillary works and encroachments, 5
paragraph (b)(vii)-- 6
omit, insert-- 7
`(vii) burning off, other than burning pasture under the 8
Stock Route Network Management Act 2011, 9
section 101;'. 10
(3) Schedule 6, definition ancillary works and encroachments, 11
paragraph (b)(xiii)-- 12
omit, insert-- 13
`(xiii) moving stock on the hoof, other than under a 14
travel permit or unfit stock (travel) permit under 15
the Stock Route Network Management Act 2011;'. 16
(4) Schedule 6, definition ancillary works and encroachments, 17
paragraph (b)(v) to (xiv)-- 18
renumber as paragraph (b)(iii) to (xii). 19
Division 5 Amendment of Transport 20
Infrastructure (State-controlled 21
Roads) Regulation 2006 22
488 Regulation amended 23
This division amends the Transport Infrastructure 24
(State-controlled Roads) Regulation 2006. 25
489 Amendment of s 6 (Prohibition on animals on 26
non-motorway State-controlled road) 27
Section 6(3)(d)-- 28
Page 301
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Part 2 Consequential amendments of other Acts and regulation
[s 490]
omit, insert-- 1
`(d) the State-controlled road is not a limited access road and 2
the person is-- 3
(i) driving the animal under a travel permit or unfit 4
stock (travel) permit under the Stock Route 5
Network Management Act 2011; or 6
(ii) grazing the animal under a grazing permit, grazing 7
authority or unfit stock (grazing) permit under that 8
Act.'. 9
490 Amendment of s 11 (Declaration of ancillary works and 10
encroachments) 11
Section 11-- 12
insert-- 13
`(3) Despite subsection (1), ancillary works and encroachments do 14
not include grazing stock.'. 15
491 Amendment of sch 1 (Encroachments that ancillary 16
works and encroachments include) 17
Schedule 1, `Grazing of stock'-- 18
omit. 19
Division 6 Amendment of other Acts 20
492 Acts amended in sch 3 21
Schedule 3 amends the Acts it mentions. 22
Page 302
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Schedule 1
Schedule 1 Local governments required to 1
prepare local management 2
plans 3
section 63(1)(a) 4
Balonne Shire Council 5
Banana Shire Council 6
Barcaldine Regional Council 7
Barcoo Shire Council 8
Blackall Tambo Regional Council 9
Boulia Shire Council 10
Bulloo Shire Council 11
Central Highlands Regional Council 12
Charters Towers Regional Council 13
Cloncurry Shire Council 14
Diamantina Shire Council 15
Flinders Shire Council 16
Goondiwindi Regional Council 17
Isaac Regional Council 18
Longreach Regional Council 19
Maranoa Regional Council 20
McKinlay Shire Council 21
Mount Isa City Council 22
Murweh Shire Council 23
Paroo Shire Council 24
Quilpie Shire Council 25
Page 303
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Richmond Shire Council 1
Western Downs Regional Council 2
Winton Shire Council 3
Page 304
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Schedule 2
Schedule 2 Reviewable decisions and 1
aggrieved persons 2
sections 405, 406(1), 407(1), 410(1) and 418 3
Part 1 Decisions reviewable initially 4
by chief executive officer 5
Reviewable decision Aggrieved person
imposing a condition on a travel the applicant or permit holder
permit (section 131(1)(b))
imposing a condition on an unfit the applicant or permit holder
stock (travel) permit (section
131(1)(b) as applied under section
154(4) or 163(3))
refusing to issue an unfit stock the applicant
(travel) permit (section 131(1)(c) as
applied under section 154(4) or
163(3))
refusing to waive all or part of the the applicant or permit holder
overdue travel fee (section 147(4))
imposing a condition on a grazing the applicant or permit holder
permit (section 187(1)(b))
imposing a condition on an unfit the applicant or permit holder
stock (grazing) permit (section
187(1)(b) as applied under section
155(4) or 162(3))
refusing to issue a grazing permit the applicant
(section 187(1)(c))
Page 305
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Reviewable decision Aggrieved person
refusing to issue an unfit stock the applicant
(grazing) permit (section 187(1)(c)
as applied under section 155(4) or
162(3))
imposing a condition on an the applicant or permit holder
extended grazing permit (section
201(1)(b))
refusing to extend a grazing permit the applicant
(section 201(1)(c))
imposing a condition on the issue of the applicant
a grazing authority (section 210(2))
imposing a condition on a grazing the applicant or authority
authority (section 210(1)(b)) holder
imposing a condition on renewal of the applicant or authority
a grazing authority (section 224(b)) holder
amending a grazing permit other the applicant or permit or
than in the way requested by the authority holder
applicant (section 230(1)(b))
refusing to amend a grazing permit the applicant or permit or
(section 230(1)(c)) authority holder
imposing an amendment of a the permit or authority holder
grazing permit (section 231(b))
imposing conditions on surrender of the authority holder
a grazing authority (section
235(1)(b))
stated amount of a grazing fee under the landowner given the
a grazing fee payment notice grazing fee payment notice
(section 259(1)(c))
stated amount of a grazing fee or the landowner given the
costs under a grazing fee payment grazing fee payment notice
notice (section 264(1)(e))
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Reviewable decision Aggrieved person
imposing a condition on a the applicant or permit holder
harvesting permit (section 273(b))
refusing to issue a harvesting permit the applicant
(section 273(c))
imposing an amendment of a the permit holder
harvesting permit (section
286(1)(b))
cancelling a harvesting permit the permit holder
(section 289(1)(b))
1
Part 2 Decisions reviewable initially 2
by chief executive 3
Reviewable decision Aggrieved person
refusing to issue a travel permit the applicant
(section 131(1)(c))
amending a travel permit other than the applicant or permit holder
in the way requested by the
applicant (section 168(1)(b))
refusing to amend a travel permit the applicant or permit holder
(section 168(1)(c))
imposing an amendment of a travel the permit holder
permit or unfit stock permit (section
170(1)(b))
cancelling a travel permit or unfit the permit holder
stock permit (section 173(1)(b))
Page 307
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Reviewable decision Aggrieved person
refusing to issue a grazing authority the applicant
(section 210(1)(c))
refusing to renew a grazing the applicant
authority (section 224(c))
amending a grazing authority other the applicant or permit or
than in the way requested by the authority holder
applicant (section 230(1)(b))
refusing to amend a grazing the applicant or permit or
authority (section 230(1)(c)) authority holder
imposing an amendment of a the permit or authority holder
grazing authority (section 231(b))
cancelling a grazing permit or the permit or authority holder
authority (section 243(1)(b))
Part 3 Decisions reviewable by QCAT 1
Reviewable decision Aggrieved person
giving a landowner a fencing notice the landowner
(section 91(2))
giving the person in charge of stock the permit or authority holder
a mustering notice (section 95(1))
giving a landowner a stock the landowner
reduction notice (section 99(1))
giving a landowner a grazing fee the landowner
liability notice and grazing fee
payment notice (sections 262(2) and
263(2))
Page 308
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Reviewable decision Aggrieved person
issuing a direction notice (section the person given the notice
375(2))
a review decision confirming an the permit or authority holder
original decision or substituting a or aggrieved person
decision other than a decision
requested by an aggrieved person
(section 408(1))
a review decision confirming an the permit or authority holder
original decision or giving a or aggrieved person
direction other than a direction
requested by an aggrieved person
(section 411(2))
1
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Schedule 3
Schedule 3 Minor and consequential 1
amendments of Acts 2
section 492 3
Aboriginal Land Act 1991 4
1 Schedule, definition stock route-- 5
omit, insert-- 6
`stock route see the Stock Route Network Management Act 7
2011, schedule 3.'. 8
Cape York Peninsula Heritage Act 2007 9
1 Schedule, definition, high risk species, paragraph (b), 10
`and Stock Route'-- 11
omit. 12
Fisheries Act 1994 13
1 Section 8(2), `and Stock Route'-- 14
omit. 15
Forestry Act 1959 16
1 Schedule 3, definition forest products, from `grasses on a 17
stock route' to `2002'-- 18
omit, insert-- 19
`pasture on the stock route network or public (stock access) 20
land under the Stock Route Network Management Act 2011'. 21
Page 310
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Vegetation Management Act 1999 1
1 Schedule, definition, declared pest, `and Stock Route'-- 2
omit. 3
Water Act 2000 4
1 Section 215(2)(a), `Land Protection (Pest and Stock Route 5
Management) Act 2002'-- 6
omit, insert-- 7
`Stock Route Network Management Act 2011'. 8
2 Schedule 4, definition, declared pest, `and Stock Route'-- 9
omit. 10
3 Schedule 4, definition stock route-- 11
omit, insert-- 12
`stock route see the Stock Route Network Management Act 13
2011, schedule 3.'. 14
4 Schedule 4, definition travelling stock-- 15
omit, insert-- 16
`travelling stock see the Stock Route Network Management 17
Act 2011, schedule 3.'. 18
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Schedule 3
Water Supply (Safety and Reliability) Act 2008 1
1 Schedule 3, definition stock purposes, `Land Protection 2
(Pest and Stock Route Management) Act 2002, schedule 3
3'-- 4
omit, insert-- 5
`Stock Route Network Management Act 2011, schedule 3'. 6
Page 312
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Schedule 4 Dictionary 1
section 6 2
accessible grazing area see section 207. 3
adequate public risk insurance, for the activities carried out 4
under a permit issued by a local government, means public 5
risk insurance of an amount-- 6
(a) the local government considers is reasonable having 7
regard to the nature of the activities; and 8
(b) that is at least the amount prescribed under a regulation. 9
adjoining land, in relation to a part of the stock route network 10
or public (stock access) land, means land adjoining the part of 11
the stock route network or the public (stock access) land. 12
advisory panel means a stock route advisory panel established 13
under section 383. 14
affected local government, for chapter 10, see section 413(1). 15
affected stock see section 152(1). 16
aggrieved person see section 405. 17
allowing, stock to graze on a part of the stock route network 18
or public (stock access) land, includes either or both of the 19
following-- 20
(a) failing to prevent the stock going from land (the 21
adjacent land) adjoining the part of the network or 22
public (stock access) land to the part of the network or 23
public (stock access) land; 24
(b) failing to ensure stock that have gone from the adjacent 25
land to the part of the network or public (stock access) 26
land are removed from the part of the network or public 27
(stock access) land. 28
alternative uses, of the stock route network, see section 29
14(a)(iii). 30
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ancillary works and encroachments see the Transport 1
Infrastructure Act 1994, schedule 6. 2
appointing authority, for an authorised person, means the 3
chief executive or chief executive officer of a local 4
government appointing the authorised person. 5
appropriately qualified, for exercising a power, means having 6
the qualifications, experience or standing appropriate to the 7
exercise of the power. 8
Example of standing-- 9
for a local government, the officer's classification level in the local 10
government 11
approved form means a form approved under section 431. 12
associate, of a person (the relevant person), means-- 13
(a) a person who owns or has another interest in land that-- 14
(i) is, or has been, used for pasturing stock; and 15
(ii) is owned by the relevant person, or in which the 16
relevant person has another interest; or 17
(b) a person who owns or has another interest in stock 18
owned by the relevant person or in which the relevant 19
person has another interest; or 20
(c) a person with whom the relevant person is in any of the 21
following types of relationship-- 22
(i) marriage or de facto relationship; 23
(ii) the relationship of ascendant and descendant 24
(including the relationship of parent and child) or 25
the relationship of persons who have a parent or 26
grandparent in common; 27
(iii) partnership; 28
(iv) the relationship of employer and employee; 29
(v) a fiduciary relationship; 30
(vi) the relationship of persons, 1 of whom is 31
accustomed, or under an obligation (whether 32
Page 314
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Schedule 4
formal or informal), to act in accordance with the 1
directions, instructions or wishes of the other; 2
(vii) the relationship of a corporation and executive 3
officer of the corporation; 4
(viii) the relationship of a corporation and a person who 5
is in a position to control or substantially influence 6
the corporation's conduct. 7
authorised person means-- 8
(a) generally, a person appointed as an authorised person 9
under section 315; and 10
(b) for exercising a power under this Act, an authorised 11
person appointed by-- 12
(i) the chief executive; or 13
(ii) the chief executive officer of the local government 14
for the local government area for which the power 15
is exercised. 16
authority, unless otherwise provided, means a grazing 17
authority. 18
authority area see section 217(1)(b). 19
authority fee see section 221. 20
authority period-- 21
(a) see, generally, section 217(1)(a); and 22
(b) for a grazing authority that is renewed, includes the 23
period for which the authority is renewed. 24
boundary fence see section 93(1). 25
cancellation notice, for chapter 4, part 6, see section 173(2). 26
cattle unit see section 30. 27
classification, of a stock route, means its classification under 28
chapter 2, part 2. 29
classification change see section 42(3)(a). 30
closed and conditional use areas register see section 51. 31
Page 315
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closed area declaration see section 48(1). 1
closing day, for chapter 12, part 2, see section 445. 2
commencement-- 3
(a) for chapter 12, part 1--see section 433; or 4
(b) for chapter 12, part 2--see section 445. 5
compliance period see section 376(1)(d). 6
conditional use area declaration see section 50(1). 7
consecutive permit application see section 123(4). 8
consecutive travel permit see section 123(2)(b). 9
consecutive travel permit refusal decision see section 403. 10
contractor, for chapter 8, part 2, see section 328. 11
current location see section 184(1)(b). 12
declared pest means an animal or plant declared to be a 13
declared pest under the Land Protection (Pest Management) 14
Act 2002, section 36 or 37(2). 15
declared pest plant means a plant that is a declared pest. 16
declared usage conditions, for a conditional use area 17
declaration, see section 50(1). 18
department's website means the department's website on the 19
internet. 20
Editor's note-- 21
On the day this definition commenced, the department's website was at 22
. 23
direction notice means-- 24
(a) generally, a direction notice issued under chapter 8, part 25
5; or 26
(b) for a direction notice for a contravention of section 297 27
relating to grazing in an accessible grazing area, a 28
direction notice issued under chapter 8, part 5that is 29
subject to chapter 5, part 6. 30
document production requirement see section 362(2). 31
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drive, for stock, means to move the stock on the hoof and 1
includes overnight or intermittent resting of the stock while 2
being driven. 3
electronic document means a document of a type under the 4
Acts Interpretation Act 1954, section 36, definition document, 5
paragraph (c). 6
emergency grazing permit means an emergency grazing 7
permit issued under section 191(2). 8
enclosed-- 9
(a) for stock, means the stock are enclosed by-- 10
(i) a stock-proof fence; or 11
(ii) another type of barrier that prevents or controls the 12
movement of stock; or 13
Examples-- 14
· temporary yarding 15
· a natural feature, including an escarpment, gully or 16
river 17
(b) for an area of land, means the area is bounded by-- 18
(i) a stock-proof fence; or 19
(ii) another type of barrier that prevents stock leaving 20
the area. 21
Example-- 22
a natural feature, including an escarpment, gully or river 23
entry notice see section 328. 24
executive officer, of a corporation, means a person who is 25
concerned with, or takes part in, the corporation's 26
management, whether or not the person is a director or the 27
person's position is given the name of executive officer. 28
existing permit to occupy, for chapter 12, part 2, see section 29
445. 30
fee includes a tax. 31
fencing notice see section 91(2). 32
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first consecutive permit, for chapter 4, part 3, see section 122. 1
general power see section 347(1). 2
grazing authority means a grazing authority issued under 3
section 213. 4
grazing fee see section 256. 5
grazing fee liability notice see section 262(2). 6
grazing fee liability statement see section 249(3). 7
grazing fee payment notice-- 8
(a) for chapter 5, part 7, division 2--see section 259(1); or 9
(b) for chapter 5, part 7, division 3--see section 263(2). 10
grazing permit means an emergency grazing permit or a 11
short-term grazing permit. 12
harvesting, pasture, means removing the pasture from where 13
it is growing, other than by burning it or allowing stock to 14
graze it, with the intention of using it for a purpose. 15
Example of harvesting-- 16
cutting pasture and baling it for hay 17
harvesting fee see section 284. 18
harvesting permit means a harvesting permit issued under 19
section 275. 20
help requirement see section 348(1). 21
holder, of a permit or authority under this Act, means the 22
person to whom it is issued. 23
identity card, for a provision about authorised persons, means 24
an identity card issued under section 319(1). 25
information notice means a notice complying with the QCAT 26
Act, section 157(2). 27
information period-- 28
(a) for an application for a travel permit--see section 29
130(1); or 30
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(b) for an application for a grazing permit--see section 1
186(1); or 2
(c) for an application for a grazing authority--see section 3
209(1); or 4
(d) for an application for a harvesting permit--see section 5
272(1). 6
information requirement see section 364(3). 7
issuing local government, for a provision about an authority 8
or permit, means the local government that issued the 9
authority or permit. 10
Land Act means the Land Act 1994. 11
land degradation, of land, includes any of the following 12
affecting the land-- 13
(a) soil erosion, salinity or scalding; 14
(b) destruction of soil structure, including, for example, the 15
loss of fertility, organic matter or nutrients; 16
(c) decline in perennial pasture grasses, pasture 17
composition and density; 18
(d) low ground cover; 19
(e) thickening in woody plants; 20
(f) stream bank instability and slumping; 21
(g) the presence of any declared pest; 22
(h) water logging; 23
(i) rising water tables; 24
(j) a process resulting in declining water quality. 25
later inspection see section 263(1)(b)(i). 26
local government, generally, see section 13. 27
local management plan means-- 28
(a) a management plan prepared under chapter 3, part 2; or 29
(b) if a management plan is amended under section 75--the 30
plan as amended. 31
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lower threshold usage number see section 32. 1
management area, for a local government, see section 12. 2
mandatory conditions means-- 3
(a) for a travel permit--the conditions under section 143; or 4
(b) for a grazing permit--the conditions under section 196; 5
or 6
(c) for a grazing authority--the conditions under section 7
218; or 8
(d) for a harvesting permit--the conditions under section 9
279. 10
mapped stock route see section 7(2). 11
maximum permit period, for a grazing permit, see section 12
198(1). 13
multi-area movement see section 123(2)(b). 14
mustering notice see section 95(1). 15
notice means a notice in writing. 16
notifiable disease means a notifiable disease under the Stock 17
Act 1915, schedule 2. 18
obstruct includes hinder, resist and attempt to obstruct. 19
occupier, of a place, for chapter 8, includes the following-- 20
(a) if there is more than 1 person who apparently occupies 21
the place--any 1 of the persons; 22
(b) any person at the place who is apparently acting with the 23
authority of a person who apparently occupies the place; 24
(c) if no-one apparently occupies the place--any person 25
who is an owner of the place. 26
of, a place, includes at or on the place. 27
offence warning, for a direction or requirement by an 28
authorised person, means a warning that, without a reasonable 29
excuse, it is an offence for the person to whom the direction or 30
requirement is made not to comply with it. 31
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original decision see section 404. 1
original travel permit see section 151. 2
overdue travel fee see section 146(2). 3
owner-- 4
(a) of land, means-- 5
(i) for freehold land--the registered proprietor; or 6
(ii) for land that is held from the State for an estate or 7
interest less than fee simple and for which the 8
interest is recorded in a register mentioned in the 9
Land Act, section 276--the person recorded in the 10
register as the registered holder of the interest; or 11
(iii) for a mining claim or lease under the Mineral 12
Resources Act 1989--the holder of the claim or 13
lessee; or 14
(iv) for land subject to a lease under the Petroleum Act 15
1923 or the Petroleum and Gas (Production and 16
Safety) Act 2004--the lessee; or 17
(v) for land subject to a GHG injection and storage 18
lease under the Greenhouse Gas Storage Act 19
2009--the holder of the lease; or 20
(vi) for land subject to a geothermal production lease 21
under the Geothermal Energy Act 2010--the 22
lessee; or 23
(vii) for a road, stock route or other land under a local 24
government's control--the local government; or 25
(viii) for a conservation park under the Nature 26
Conservation Act 1992 for which there are 27
trustees--the trustees; or 28
(ix) for State-controlled land--the State; and 29
(b) for a thing that has been seized under chapter 8, part 3, 30
division 3, includes a person who would be entitled to 31
possession of the thing had it not been seized. 32
participating local government see section 125. 33
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pasture does not include vegetation within the meaning of the 1
Vegetation Management Act 1999. 2
permit, unless otherwise provided, means a travel permit, 3
grazing permit, harvesting permit or unfit stock permit. 4
permit area-- 5
(a) for a grazing permit--see section 195(b); or 6
(b) for a harvesting permit--see section 278(b). 7
permit fee-- 8
(a) for a travel permit--see section 145; or 9
(b) for a grazing permit--see section 204(1). 10
permit land, for chapter 12, part 2, see section 445. 11
permit period-- 12
(a) for a travel permit--see section 141(1)(a); or 13
(b) for a grazing permit-- 14
(i) see, generally, section 195(a); and 15
(ii) if the permit is extended, includes the period for 16
which the permit is extended; or 17
(c) for a harvesting permit--see section 278(a). 18
permit route, for a travel permit, see section 141(1)(b). 19
permitted stock-- 20
(a) for chapter 4, part 3--see section 141(1)(c); or 21
(b) for chapter 5, part 2--see section 195(c). 22
permit to occupy means a permit issued under section 177 of 23
the Land Act for grazing. 24
personal details requirement see section 360(5). 25
person in control-- 26
(a) of a vehicle, includes-- 27
(i) the vehicle's driver or rider; and 28
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(ii) anyone who reasonably appears to be, claims to be, 1
or acts as if he or she is, the vehicle's driver or rider 2
or the person in control of the vehicle; or 3
(b) of another thing, other than stock, includes anyone who 4
reasonably appears to be, claims to be, or acts as if he or 5
she is, the person in possession or control of the thing. 6
place includes-- 7
(a) premises; and 8
(b) land; and 9
(c) a place held under more than 1 title or by more than 1 10
owner; and 11
(d) the land where a building or structure, or a group of 12
buildings or structures, is situated. 13
pre-amended Act, for chapter 13, part 1, see section 433. 14
preferred applicant see section 205(1)(b). 15
premises includes-- 16
(a) a building or other structure; and 17
(b) a part of a building or other structure; and 18
(c) a caravan or vehicle; and 19
(d) a cave or tent; and 20
(e) premises held under more than 1 title or by more than 1 21
owner. 22
prescribed provision see section 374(1). 23
primary A reserve means a reserve for travelling stock 24
adjoining a primary A stock route. 25
primary A stock route means a stock route shown as a 26
primary A stock route on the stock route network map. 27
primary B stock route means a stock route shown as a 28
primary B stock route on the stock route network map. 29
primary reserve means a reserve for travelling stock adjoining 30
a primary stock route. 31
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primary stock route means a primary A or primary B stock 1
route. 2
principles of stock route network management see section 3
14. 4
private land, for chapter 8, part 2, see section 331(1)(a). 5
private water facility see section 104(b). 6
proposed area-- 7
(a) for an application for an emergency grazing permit--see 8
section 180(c); or 9
(b) for an application for a short-term grazing permit--see 10
section 185(c); or 11
(c) for an application for a grazing authority--see section 12
206(b); or 13
(d) for an application for a harvesting permit--see section 14
271(2)(b). 15
proposed period-- 16
(a) for an application for a standard travel permit--see 17
section 124(d); or 18
(b) for an application for a slow travel permit--see section 19
127(d); or 20
(c) for an application for an emergency grazing permit--see 21
section 180(d); or 22
(d) for an application for a short-term grazing permit--see 23
section 185(d); or 24
(e) for an application for a grazing authority--see section 25
206(c); or 26
(f) for an application for a harvesting permit--see section 27
271(2)(c). 28
proposed route-- 29
(a) for an application for a standard travel permit--see 30
section 124(c); or 31
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(b) for an application for a slow travel permit--see section 1
127(c). 2
proposed stock see section 179. 3
publicly available part, of the register, for chapter 3, part 3, 4
division 3, see section 83. 5
public notice, of availability of land-- 6
(a) for short-term grazing--see section 182(1); or 7
(b) for harvesting pasture--see section 270(1). 8
public (stock access) land see section 11. 9
public utility plant see the Transport Infrastructure Act 1994, 10
schedule 6. 11
public water facility see section 104(a). 12
qualifying period see section 24. 13
Queensland heritage register see the Queensland Heritage 14
Act 1992, schedule. 15
reasonably believes means believes on grounds that are 16
reasonable in the circumstances. 17
reasonably satisfied means to be satisfied on grounds that are 18
reasonable in the circumstances. 19
reasonably suspects means suspects on grounds that are 20
reasonable in the circumstances. 21
redemption period see section 114(2)(a). 22
register, for chapter 3, part 3, see section 78. 23
relevant alternative step see section 249(1). 24
relevant area-- 25
(a) for a closed area declaration--see section 47(a); or 26
(b) for a conditional use area declaration--see section 27
49(1)(a). 28
relevant event-- 29
(a) for chapter 2, part 3, see section 46; or 30
(b) for chapter 5, part 7, division 2--see section 258(2). 31
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relevant grazing authorisation see section 294. 1
relevant part, of the stock route network, for a local 2
government, means the part of the stock route network in its 3
local government area. 4
relevant uses, of the stock route network, see section 14(a). 5
removal notice see section 112(3). 6
removal period see section 112(3)(a). 7
required rate, of travel-- 8
(a) for stock under a standard travel permit--see section 9
141(1)(d)(i); or 10
(b) for stock under a slow travel permit--see section 11
141(1)(d)(ii); or 12
(c) for stock under an unfit stock (travel) permit--see 13
section 158(5). 14
reserve for travelling stock see section 10. 15
responding local government-- 16
(a) for a single area permit application--see section 123(3); 17
or 18
(b) for a consecutive permit application--see section 19
123(4); or 20
(c) for an application for a slow travel permit--see section 21
126(1). 22
review application-- 23
(a) for chapter 10, part 2--see section 407(3); or 24
(b) for chapter 10, part 3--see section 410(3); or 25
(c) for chapter 10, part 4--see section 407(3) or 410(3). 26
review day see section 46. 27
review decision-- 28
(a) for chapter 10, part 2--see section 408(1); or 29
(b) for chapter 10, part 3--see section 411(1). 30
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review decision notice-- 1
(a) for chapter 10, part 2--see section 409(1)(a); or 2
(b) for chapter 10, part 3--see section 412(1)(a). 3
reviewer see section 414. 4
review notice, for a decision of a local government or an 5
authorised person, means a notice stating-- 6
(a) the decision; and 7
(b) the reasons for the decision; and 8
(c) that the applicant may ask the following person to 9
review the decision within 1 month after the applicant 10
receives the notice-- 11
(i) for a decision mentioned in schedule 2, part 1--the 12
chief executive officer; 13
(ii) for a decision mentioned in schedule 2, part 2--the 14
chief executive; and 15
(d) how to ask for a review. 16
road includes an area-- 17
(a) dedicated to public use as a road; or 18
(b) open to or used by the public and is developed for, or 19
has as 1 of its main uses, the driving or riding of motor 20
vehicles. 21
road-related matters means either or both of the following-- 22
(a) protecting road transport infrastructure, ancillary works 23
and encroachments, road works or public utility plant; 24
(b) road safety. 25
road transport chief executive means the chief executive of 26
the department responsible for managing State-controlled 27
roads. 28
road transport infrastructure see the Transport Infrastructure 29
Act 1994, schedule 6. 30
road works see the Transport Infrastructure Act 1994, 31
schedule 6. 32
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secondary reserve means a reserve for travelling stock that-- 1
(a) adjoins a secondary stock route; and 2
(b) does not adjoin a primary stock route. 3
secondary stock route means-- 4
(a) a stock route shown as a secondary stock route on the 5
stock route network map; or 6
(b) an unmapped stock route classified as a secondary stock 7
route. 8
seizure notice see section 114(1). 9
short-term grazing permit means a short-term grazing permit 10
issued under section 191(2). 11
significant change review ground see section 34(2). 12
single area permit see section 123(2)(a). 13
single area permit application see section 123(3). 14
slow travel means travel of stock at a rate of at least 5km but 15
less than 10km a day. 16
slow travel permit means a slow travel permit issued under 17
section 136. 18
special management area see section 79. 19
special management area declaration see section 78. 20
special management conditions see section 78. 21
standard travel permit means a permit issued under section 22
135. 23
State-controlled road means a road or land, or part of a road 24
or land, declared to be a State-controlled road under the 25
Transport Infrastructure Act 1994, section 24. 26
State management plan means-- 27
(a) the management plan prepared under chapter 2, part 1; 28
or 29
(b) if the plan is amended under section 21--the plan as 30
amended. 31
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stock means alpacas, asses, buffaloes, camels, cattle, deer, 1
donkeys, goats, horses, llamas, mules, sheep or vicunas. 2
stock facility means-- 3
(a) a public water facility; or 4
(b) any of the following things supplied by the State or a 5
local government on, or for the benefit of persons using, 6
the stock route network-- 7
(i) a stock holding yard, loading ramp or enclosure; 8
(ii) a fence, other than a boundary fence; 9
(iii) a bridge or water crossing for use by travelling 10
stock; 11
(iv) a gate, grid or signage to assist persons moving 12
stock. 13
stock-proof, for a fence, means a fence of a type, and in a 14
condition, that prevents the movement of stock from one side 15
of the fence to the other. 16
stock purposes see section 301. 17
stock reduction notice see section 99(1). 18
stock route-- 19
(a) generally, see section 7(1); and 20
(b) for chapter 2, part 2, has its meaning affected by section 21
25. 22
stock route network see section 8. 23
stock route network map see section 9. 24
submission means a submission in writing. 25
submission period-- 26
(a) for changing the classification of a stock route--see 27
section 42(3)(a)(iv); or 28
(b) for a local management plan--see section 72(2)(c). 29
threshold change see section 42(3)(b). 30
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threshold usage number means the upper threshold usage 1
number or the lower threshold usage number. 2
travel, for stock, means being driven on the hoof. 3
travelling stock means stock that are driven on the hoof but 4
does not include stock being driven on land where the stock 5
are ordinarily pastured. 6
travel permit means a slow travel permit or standard travel 7
permit. 8
unallocated State land see the Land Act, schedule 6. 9
unfit stock see section 150. 10
unfit stock (grazing) permit see section 155(2). 11
unfit stock notice see section 152(2). 12
unfit stock permit means an unfit stock (travel) permit or an 13
unfit stock (grazing) permit. 14
unfit stock (travel) permit see section 154(2). 15
unmapped stock route see section 7(1)(b). 16
upper threshold usage number see section 31. 17
usage factors see section 29. 18
usage submission see section 35(2)(b). 19
vehicle-- 20
(a) means-- 21
(i) a vehicle or vessel under the Transport Operations 22
(Road Use Management) Act 1995; or 23
(ii) anything used for carrying anything or any person 24
by land, water or air; and 25
(b) includes equipment or machinery capable of moving on 26
land. 27
veterinary report, about affected stock, see section 149. 28
veterinary surgeon see the Veterinary Surgeons Act 1936, 29
schedule. 30
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water facility means an artificial water source for stock 1
including the equipment used to supply the water to the stock. 2
water facility agreement see section 105(1). 3
© State of Queensland 2011
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