Pastoral Land Management and Conservation Regulations 1991 (SA)

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South Australia

Pastoral Land Management and Conservation Regulations 1991

under the Pastoral Land Management and Conservation Act 1989

1—Short title

These regulations may be cited as the Pastoral Land Management and Conservation Regulations 1991.

3—Interpretation

In these regulations, unless the contrary intention appears—

the Act means the Pastoral Land Management and Conservation Act 1989.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.

4—Prescribed percentage of net rental income for fund

For the purposes of section 9(2)(a) of the Act, the prescribed percentage is 10 per cent.

5—Other Acts to be complied with by lessees

For the purposes of section 22(1)(a)(v)(G) of the Act, the following Acts are prescribed:

  1. (a)

    the National Parks and Wildlife Act 1972;

  2. (b)

    the Native Vegetation Act 1991;

  3. (d)

    the Noxious Insects Act 1934.

5A—Public access routes

  1. (1)

    A person must not, without lawful authority or reasonable excuse, travel on or across a public access route while it is temporarily closed under section 45(7) of the Act.

Penalty: Division 8 fine.

  1. (2)

    Subregulation (1) does not apply to the lessee on whose land the access route is situated, or to the agent or employee of such a lessee.

5B—Gates

A person who travels on a public access route must—

  1. (a)

    close any gate across the route that the person finds closed; and

  2. (b)

    leave open any gate that the person finds open.

Penalty: Division 8 fine.

5C—Lessee may give directions

  1. (1)

    A lessee or the agent or employee of a lessee may give to a person travelling across or camping on the lessee's land such directions as may be reasonably required for the purpose of preventing undue interference with the lessee's enjoyment of the lease.

  2. (2)

    A person who, without lawful authority or reasonable excuse, fails to comply with such a direction is guilty of an offence.

Penalty: Division 8 fine.

6—Travelling stock

  1. (1)

    For the purposes of section 46(1) of the Act, the notice to the lessee—

    1. (a)

      must be given at least 7 days before the stock are to enter the land; and

    2. (b)

      must set out particulars of—

      1. (i)

        the number and type of stock;

      2. (ii)

        the place of origin and the destination of the stock;

      3. (iii)

        the proposed route;

      4. (iv)

        the proposed date of arrival of the stock on the land and date of departure from the land;

      5. (v)

        the name and address of each person who will be in charge of the stock; and

    3. (c)

      must be accompanied by a statutory declaration that the stock are disease free.

  2. (2)

    Where stock are to travel over pastoral land for the predominant purpose of obtaining feed from the land, the lessee must forward particulars of the travel arrangements to the Board.

  3. (3)

    For the purposes of section 46(2) of the Act, the rate of compensation for travelling with stock over pastoral land where the predominant purpose is to obtain feed for the stock from the land is as follows:

    Sheep—5 cents per head per day.

    Cattle—20 cents per head per day.

7—Establishment of panel of experts for Tribunal

For the purposes of section 50(3) of the Act, the following provisions apply in relation to the establishment of a panel of experts from which members of the Pastoral Land Appeal Tribunal will be drawn:

  1. (a)

    the panel must be constituted of not less than two persons, appointed by the Governor on the nomination of the Minister, from each of the fields of expertise considered by the Governor to be appropriate for the proper functioning of the Tribunal;

  2. (b)

    each person nominated by the Minister for appointment to the panel must be a person who has, in the opinion of the Minister, wide experience in land management;

  3. (c)

    a member of the panel will be appointed for such term of office, not exceeding three years, as the Governor may determine and specifies in the instrument of appointment;

  4. (d)

    a member of the panel is entitled to such allowances and expenses as the Governor may from time to time determine;

  5. (e)

    the Governor may remove a member of the panel from office—

    1. (i)

      for misconduct; or

    2. (ii)

      for neglect of duty; or

    3. (iii)

      for incompetence; or

    4. (iv)

      for mental or physical incapacity to carry out the duties of office satisfactorily;

  6. (f)

    the office of a member of the panel becomes vacant if the member—

    1. (i)

      dies; or

    2. (ii)

      completes a term of office and is not reappointed; or

    3. (iii)

      resigns by written notice addressed to the Minister; or

    4. (iv)

      is removed from office by the Governor under paragraph (e);

  7. (g)

    upon the office of a member of the panel becoming vacant, a person must be appointed in accordance with this regulation to the vacant office.

7A—Directions relating to access to water for travelling stock

A person who, without reasonable excuse, fails to comply with a direction given by a lessee under section 59(1)(b) of the Act is guilty of an offence.

Penalty: Division 8 fine.

8—Compensation for taking water for mining etc

For the purposes of section 59(3) of the Act, the rate of compensation payable to a lessee for water taken by the holder of a mining tenement pursuant to subsection (2) is 85 cents per kilolitre.

9—Fees

Fees are payable to the Minister in accordance with Schedule 1.

Schedule 1—Fees

 

1

Dealing with an application—

  1. (a)

    under section 28(1) of the Act for consent to transfer etc a lease or part of a lease—

  1. (i)

    for one lease or part of one lease

$300.00

  1. (ii)

    for each additional lease or part of each additional lease

$143.00

  1. (b)

    for a duplicate or amended consent under section 28(1) of the Act

$21.00

2

Preparing—

  1. (a)

    a lease

$395.00

  1. (b)

    a surrender or resumption of a lease

$237.00

  1. (c)

    a surrender or resumption of part of a lease

$395.00

  1. (d)

    on the request of a lessee, a notice of alteration of boundaries under section 31 of the Act

$201.00

  1. (e)

    an agreement between a lessee and any other person or body for the acquisition or extinguishment of easement rights by that other person or body

$201.00

3

Correcting on the register any error in particulars supplied by or on behalf of a lessee, purchaser or other party to a transaction

$201.00

4

Producing a lease at the Lands Titles Office on the request of a lessee as security where the lease is in possession of the Department for Environment and Heritage for other purposes

$119.00

5

Preparing or checking a definition for a notice to be published in the Gazette under section 44 or 45 of the Act by the Board on request

$207.00

6

Processing on request any other transaction under the Act (not being one in respect of which an application fee has been paid under these regulations—see item 1)

$300.00

Note—

The fees in this Schedule do not include L.T.O. fees or stamp duty that may be payable.

Legislative history

Notes

  • •

    Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • •

    Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • •

    For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Revocation of regulations

The Pastoral Land Management and Conservation Regulations 1991 were revoked by Sch 2 of the Pastoral Land Management and Conservation Regulations 2006 on 1.9.2006.

Legislation revoked by principal regulations

The Pastoral Land Management and Conservation Regulations 1991 revoked the following:

The regulations in force under the Pastoral Acts 1904 to 1922

Principal regulations and variations

Year

No

Reference

Commencement

1991

42

Gazette 18.4.1991 p1351

18.4.1991

1991

119

Gazette 27.6.1991 p2216

8.8.1991: r 2

1992

6

Gazette 23.1.1992 p208

23.1.1992

1992

96

Gazette 18.6.1992 p1808

30.7.1992: r 2

1993

52

Gazette 8.4.1993 p1286

12.7.1993: r 2

1994

49

Gazette 2.6.1994 p1574

1.7.1994: r 2

1994

184

Gazette 27.10.1994 p1419

27.2.1995: r 2

1995

94

Gazette 10.5.1995 p2091

1.7.1995: r 2

1996

133

Gazette 30.5.1996 p2801

1.7.1996: r 2

1997

115

Gazette 13.5.1997 p1935

1.7.1997: r 2

1998

106

Gazette 28.5.1998 p2418

1.7.1998: r 2

1999

105

Gazette 27.5.1999 p2910

1.7.1999: r 2

2000

118

Gazette 25.5.2000 p2830

1.7.2000: r 2

2001

118

Gazette 31.5.2001 p2100

1.7.2001: r 2

2002

124

Gazette 20.6.2002 p2670

1.7.2002: r 2

2003

110

Gazette 29.5.2003 p2284

1.7.2003: r 2

2004

100

Gazette 27.5.2004 p1616

1.7.2004: r 2

2005

59

Gazette 26.5.2005 p1414

1.7.2005: r 2

2005

154

Gazette 30.6.2005 p2239

Pt 8 (r 13)—1.7.2005: r 2

2006

85

Gazette 15.6.2006 p1715

1.7.2006: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision

How varied

Commencement

r 2

omitted under Legislation Revision and Publication Regulations 2002

1.7.2004

r 5

varied by 6/1992 r 2

23.1.1992

varied by 184/1994 r 3

27.2.1995

(c) deleted by 154/2005 r 13

1.7.2005

rr 5A—5C

inserted by 184/1994 r 4

27.2.1995

r 6

r 6(1) and (2)

inserted by 184/1994 r 5(a)

27.2.1995

r 6(3)

r 6 redesignated as r 6(3) by 184/1994 r 5(a)

27.2.1995

varied by 184/1994 r 5(b)

27.2.1995

r 7A

inserted by 184/1994 r 6

27.2.1995

r 8

varied by 184/1994 r 7

27.2.1995

r 9

varied by 59/2005 r 4

1.7.2005

Sch

substituted by 119/1991 r 3

8.8.1991

substituted by 96/1992 r 3

30.7.1992

substituted by 52/1993 r 3

12.7.1993

substituted by 49/1994 r 3

1.7.1994

substituted by 94/1995 r 3

1.7.1995

substituted by 133/1996 r 3

1.7.1996

substituted by 115/1997 r 3

1.7.1997

substituted by 106/1998 r 3

1.7.1998

substituted by 105/1999 r 3

1.7.1999

substituted by 118/2000 r 3

1.7.2000

substituted by 118/2001 r 3

1.7.2001

substituted by 124/2002 r 3

1.7.2002

substituted by 110/2003 r 4

1.7.2003

substituted by 100/2004 r 4

1.7.2004

deleted by 59/2005 r 5

1.7.2005

Sch 1

inserted by 59/2005 r 5

1.7.2005

substituted by 85/2006 r 4

1.7.2006

Historical versions

1.7.2004

1.7.2005

Appendix—Divisional penalties and expiation fees

At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

 

Division

Maximum imprisonment

Maximum fine

Expiation fee

1

15 years

$60 000

—

2

10 years

$40 000

—

3

7 years

$30 000

—

4

4 years

$15 000

—

5

2 years

$8 000

—

6

1 year

$4 000

$300

7

6 months

$2 000

$200

8

3 months

$1 000

$150

9

–

$500

$100

10

–

$200

$75

11

–

$100

$50

12

–

$50

$25

Note: This appendix is provided for convenience of reference only.

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