Pastoral Land Management and Conservation Regulations 2021 (SA)

South Australia

Pastoral Land Management and Conservation Regulations 2021

under the Pastoral Land Management and Conservation Act 1989

1Short title

These regulations may be cited as the Pastoral Land Management and Conservation Regulations 2021.

2Commencement

These regulations come into operation on 1 September 2021.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Pastoral Land Management and Conservation Act 1989.

4Prescribed percentage of net rental income for Fund

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

5Other 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. (c)

   the Plant Health Act 2009.

6Public 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.

Maximum penalty: $1 250.

1. (2)

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

7Gates

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.

Maximum penalty: $1 250.

8Travelling stock

1. (1)

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

   1. (a)

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

   2. (b)

      must set out the following particulars:

      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 by a qualified veterinary surgeon that the stock are disease free.

2. (2)

   If 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:

   1. (a)

      for sheep—5 cents per head per day;

   2. (b)

      for cattle—20 cents per head per day.

9Lessee may give directions

1. (1)

   A lessee or an 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 stock management practices.

2. (2)

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

Maximum penalty: $1 250.

10Directions 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.

Maximum penalty: $1 250.

11Compensation 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 other than water taken from a natural source solely by means of equipment or infrastructure supplied by the holder of the mining tenement is $1 per kilolitre.

Schedule 1—Revocation of Pastoral Land Management and Conservation Regulations 2006

The Pastoral Land Management and Conservation Regulations 2006 are revoked.

Legislative history

Notes

• •

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

  Year	No	Reference	Commencement
  2021	82	Gazette 24.6.2021 p2273	1.9.2021: r 2