Rural Lands Protection Act 1985 (Qld)

RURAL LANDS PROTECTION ACT 1985

Queensland RURAL LANDS PROTECTION ACT 1985 Reprinted as in force on 1 March 2002 (includes amendments up to Act No. 71 of 2001) Reprint No. 1F This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 March 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland RURAL LANDS PROTECTION ACT 1985 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6A Class of plants or animals of category identiﬁed by letter and numeral etc.. 16 6B Meaning of plant or animal on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6C Meaning of fence on boundary of land etc.. . . . . . . . . . . . . . . . . . . . . . . . . . 16 6D Application of declarations to plants or animals on land . . . . . . . . . . . . . . . 17 7 Application to certain roads and reserves for travelling stock . . . . . . . . . . . 17 8 Application to certain watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 2—ADMINISTRATION 10 Appointment of executive director and other ofﬁcers and employees . . . . . 18 11 Powers of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 12 Powers and functions of executive director. . . . . . . . . . . . . . . . . . . . . . . . . . 20 13 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 14 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15 Declaration of stock routes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16 Travelling-stock rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 3—BOARDS Division 1—Rural Lands Protection Board 17 Constitution of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 19 Members of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Appointment of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 21 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2 Rural Lands Protection Act 1985 22 Vacating chairperson’s ofﬁce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Vacating member’s ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Regulations for conduct of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Change of name of primary producer organisation. . . . . . . . . . . . . . . . . . . . 30 Substitution of other organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Powers of protection board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—The Darling Downs–Moreton Rabbit Board 33 Darling Downs–Moreton rabbit district . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Constitution of rabbit board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Membership of rabbit board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Appointment and term of ofﬁce of members . . . . . . . . . . . . . . . . . . . . . . . . 37 Qualiﬁcations of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Vacating member’s ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Casual vacancy in member’s ofﬁce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44A Rabbit board is statutory body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Rabbit board may acquire land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Rabbit board may acquire machinery etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Rabbit control and other ofﬁcers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Rabbit board staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Control of money and property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—General 52 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Restrictive employment provisions inapplicable to membership of board . . 23 24 25 25 25 26 26 26 27 28 28 28 28 29 29 30 31 31 32 32 32 32 33 33 34 34 34 35 35 35

3 Rural Lands Protection Act 1985 54 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 55 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PART 4—POWERS AND FUNCTIONS OF LOCAL GOVERNMENTS Division 1—Stock routes etc. 57 Local governments to improve and maintain stock routes and reserves for travelling stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 58 Powers and functions of local governments . . . . . . . . . . . . . . . . . . . . . . . . . 37 59 Water facility agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 60 Notiﬁcation in register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 61 Straying stock may be seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 62 Overstocking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 63 Stock may be mustered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2—General 64 Local government to enforce provisions of this Act . . . . . . . . . . . . . . . . . . . 41 65 Minister may direct local government to exercise power or discharge function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 66 When powers etc. of local government to be performed by executive director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 67 Local government may sue for and recover certain expenses . . . . . . . . . . . . 43 68 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 5—DECLARED PLANTS AND DECLARED ANIMALS Division 1—Declaration of plants and animals 69 Classes of plants and animals may be declared. . . . . . . . . . . . . . . . . . . . . . . 44 70 Categories of declared plants and animals . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2—Control of declared plants and declared animals Subdivision 1—Interpretation 72 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 2—Public land 73 Department to control declared plants and animals . . . . . . . . . . . . . . . . . . . 47 74 Inspection and advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 75 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 3—Municipal land 76 Local government to control declared plants and animals . . . . . . . . . . . . . . 48

4 Rural Lands Protection Act 1985 77 Notice to comply may be served on local government . . . . . . . . . . . . . . . . . 78 Powers of executive director etc. on failure to comply with direction . . . . . 79 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4—Private land 80 Occupiers of private land to control declared plants and animals. . . . . . . . . 81 Notice to owner and occupier to control declared plants or animals . . . . . . 82 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Local government or executive director may carry out work and recover cost ............................................ 84 Powers of owner and occupier to control declared plants and animals. . . . . 85 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5—Control of declared animals category A8 if plague exists or is likely 85A Powers of executive director if plague exists or is likely . . . . . . . . . . . . . . . Subdivision 6—Management programs 86 Minister may approve programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 7—Miscellaneous 87 Successors in title bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Natural enemies of declared plants and animals . . . . . . . . . . . . . . . . . . . . . . Division 3—Prevention of introduction and spread of declared plants and declared animals 89 Prohibition of introduction of category P1 plants . . . . . . . . . . . . . . . . . . . . . 90 Keeping of declared plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Person not to sell declared plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Sale of declared plants in certain circumstances . . . . . . . . . . . . . . . . . . . . . . 92 Power to detain and deal with contaminated animals or things . . . . . . . . . . 93 Destruction or disposal of declared plants etc. . . . . . . . . . . . . . . . . . . . . . . . 94 Prohibition of introduction of category A1 animals . . . . . . . . . . . . . . . . . . . 95 Restrictions on introduction of category A4 animals . . . . . . . . . . . . . . . . . . 96 Delivery of declared animals into custody . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Prohibition on keeping and selling category A3 animals . . . . . . . . . . . . . . . 98 Restrictions on keeping and selling category A6 animals . . . . . . . . . . . . . . . 99 Authorised person or inspector may order destruction of declared animals . 48 48 49 49 50 50 51 52 52 53 53 54 54 55 56 56 56 57 58 58 59 60 60 61 61

5 Rural Lands Protection Act 1985 100 Liberating declared animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Powers of authorised persons and inspectors 101 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Power to search conveyances etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Power to require spraying etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—EXTRAORDINARILY NOXIOUS PLANTS 104 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104A State bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Occupiers of land to destroy extraordinarily noxious plants. . . . . . . . . . . . . 106 Notice to owner and occupier to destroy extraordinarily noxious plants . . . 107 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Executive director may carry out work and recover cost . . . . . . . . . . . . . . . 109 Powers of owner and occupier to destroy extraordinarily noxious plants. . . 110 Successors in title bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Power of Minister in respect of land infested by any extraordinarily noxious plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Notiﬁcation in register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Person not to remove earth etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Provisions of this part paramount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Destruction or disposal of extraordinarily noxious plants etc. . . . . . . . . . . . 117 Power of inspectors to enter land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Power of inspector to search conveyances etc. . . . . . . . . . . . . . . . . . . . . . . . 119 Power of inspector to require washing etc. . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—RABBITS Division 1—Public land 142 Department to maintain land under its control free from rabbits . . . . . . . . . 143 Inspection and advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Municipal land 145 Local government to maintain land free from rabbits . . . . . . . . . . . . . . . . . . 146 Notice to comply may be served on local government . . . . . . . . . . . . . . . . . 147 Power of rabbit board on failure to comply with direction . . . . . . . . . . . . . . 62 62 63 64 64 65 65 65 65 66 66 67 67 67 68 68 68 69 69 69 70 70 71 71 71 71 72

6 Rural Lands Protection Act 1985 148 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Private land 149 Duty of occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Notice to owner and occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Rabbit board may carry out work and recover costs . . . . . . . . . . . . . . . . . . . 153 Powers of owner and occupier to maintain private land free from rabbits . . 154 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Successors in title bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Miscellaneous 156 Offences concerning rabbit-check fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Structures adjacent to or abutting on rabbit-check fence . . . . . . . . . . . . . . . 158 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Powers of rabbit-control ofﬁcers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9—SYNDICATES 160 Application etc. may be signed by agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Syndicates and areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Requirements of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Majority may request formation of syndicate . . . . . . . . . . . . . . . . . . . . . . . . 165 Withdrawal from syndicate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Admission of new members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Syndicate may authorise entry upon land . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Effect of retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Where 2 or more owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Successors in title bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Termination of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Members to pay charges etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Recovery by syndicate of unpaid rates, charges or other moneys. . . . . . . . . 174 Financial statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 This part not to affect other liability etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Notiﬁcation in register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 72 72 73 73 74 74 74 75 75 76 76 77 77 77 78 79 81 82 83 83 83 84 84 84 85 85 85 85

7 Rural Lands Protection Act 1985 PART 10—FENCES Division 1—Barrier fences 177 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 178 Establishment of districts and divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 179 Establishment and maintenance of barrier fences . . . . . . . . . . . . . . . . . . . . . 87 180 Order by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 181 Directions which may be speciﬁed in order . . . . . . . . . . . . . . . . . . . . . . . . . 88 182 Clearing of fence line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 183 Adjoining holding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 184 Fences controlled by rabbit board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 185 Notation in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 186 Person to notify Minister of establishment of fence . . . . . . . . . . . . . . . . . . . 90 187 Failure to comply with order or notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 188 Assistance to persons ordered to establish a barrier fence . . . . . . . . . . . . . . 92 189 Power of Minister to establish barrier fence . . . . . . . . . . . . . . . . . . . . . . . . . 92 190 Minister may assist in maintaining barrier fence . . . . . . . . . . . . . . . . . . . . . 93 191 Failure to maintain barrier fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 192 Joining fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 193 Openings in barrier fences not permitted except with the approval of the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 194 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 195 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 196 Power to enter adjoining land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 197 Revocation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 2—Ring fences 198 Application etc. may be signed by agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 199 Ring fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 200 Minister to consider board’s recommendation . . . . . . . . . . . . . . . . . . . . . . . 99 201 Applicants to be advised of Minister’s decision . . . . . . . . . . . . . . . . . . . . . . 99 202 Governor in Council may constitute owners a group . . . . . . . . . . . . . . . . . . 100 203 Effect of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 204 Notiﬁcation in register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 205 Contribution from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

8 Rural Lands Protection Act 1985 Division 3—Fencing of reserves and stock routes 206 Establishment of stock-proof fence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 207 Establishment of declared animal-proof fence . . . . . . . . . . . . . . . . . . . . . . . 102 208 Objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 209 Provisions of this division do not apply in certain cases. . . . . . . . . . . . . . . . 104 PART 11—FINANCIAL PROVISIONS 210 Rural Lands Protection Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 211 Precept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 212 Receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 213 Expenditure general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 214 Local governments to transmit certain moneys to the department . . . . . . . . 107 PART 12—GENERAL Division 1—Use of poisons etc. 216 Protection of human health and life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 217 Authority to use poison, set traps etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 218 Cyanide of potassium not to be used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Division 2—Agents 219 Attorneys and agents to represent principal . . . . . . . . . . . . . . . . . . . . . . . . . 111 Division 3—Procedure 220 Manner in which documents may be served . . . . . . . . . . . . . . . . . . . . . . . . . 111 221 Proof of ownership or occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 222 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 223 Proof of plant or animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 224 Proof of document etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 225 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 226 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 227 Continuing offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 4—Regulations 228 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 229 Regulations—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 231 Regulations—stock routes etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 232 Regulations—rabbits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

9 Rural Lands Protection Act 1985 233 Regulations—declared plants and declared animals . . . . . . . . . . . . . . . . . . . 118 235 Offences under regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Division 5—Miscellaneous 236 Destruction of straying dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 237 Registration of domestic dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 238 Dividing Fences Act not to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 239 Certiﬁcate of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 240 Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 241 Civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 242 Name and address may be required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 243 Obstruction etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 244 Seizure of plants etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 245 Personating ofﬁcers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 246 Authorised person etc. may be accompanied by assistants etc. . . . . . . . . . . 124 247 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 125 RABBIT–CHECK FENCE SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 126 DARLING DOWNS–MORETON RABBIT DISTRICT ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 128 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

s 1 11 s 6 Rural Lands Protection Act 1985 RURAL LANDS PROTECTION ACT 1985 [as amended by all amendments that commenced on or before 1 March 2002] An Act to consolidate, amend and provide laws for the management and control of certain plants and animals, for the prohibition and regulation of the introduction and spread of certain plants and of the introduction, spread and keeping of certain animals, for the establishment of sufﬁcient fences for the purposes of preventing the ingress into the pastoral and agricultural areas of the State of certain animals, to amend and provide laws for the management and control of stock routes and reserves for travelling stock and for incidental and other purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the Rural Lands Protection Act 1985 . 5 Relationship to other Acts (1) This Act shall be read subject to the AgriculturalChemicalsDistribution Control Act 1966 and the Nature Conservation Act 1992 . (2) Where a person does an act or thing required or permitted to be done by a person under this Act and as a consequence thereof the person would, but for this subsection, be guilty of an offence against the NatureConservationAct1992 , then that person shall not by reason only of the doing of that act or thing be guilty of any such offence. 6 Deﬁnitions In this Act— “animal” means any living thing that is not a human being or a plant.

s 6 12 s 6 Rural Lands Protection Act 1985 “approved form” see section 247. 1 “assistant executive director” means the person for the time being appointed as assistant executive director for the purposes of this Act, and includes any person for the time being performing the functions of the assistant executive director. “authorised person” means a person appointed by a local government under section 68. “category” means a category mentioned in section 70(3) or (4). “class” , in relation to plants or animals, means any group or grouping of plants or animals. “control” — (a) in relation to declared plants of a class assigned to category P2 or declared animals of a class assigned to category A2—means to destroy those plants or animals; (b) in relation to declared plants of a class assigned to category P3—means— (i) to destroy those plants; or (ii) to take such measures as are approved in writing by an authorised person or inspector to reduce the numbers or distribution of those plants; (c) in relation to declared plants of a class assigned to category P4—means— (i) to destroy those plants; or (ii) to take such measures as are approved in writing by an authorised person or inspector to prevent the spread of those plants; (d) in relation to declared plants of category P5—means to take such action in respect of those plants as is prescribed; (e) in relation to declared animals of category A5—means— (i) to destroy those animals; or 1 Section 247 (Approval of forms)

s 6 13 s 6 Rural Lands Protection Act 1985 (ii) to take such measures as are approved in writing by an authorised person or inspector to reduce and restrict the number of those animals; (f) in relation to declared animals of category A7—means to do such acts, matters and things for the management and regulation of the movement, numbers and distribution of those animals as are set out in a management program having effect in the area in which those animals are situated and applying to animals of that class; (g) in relation to declared animals of category A8—means— (i) to destroy those animals; or (ii) to take such measures as are approved in writing by an authorised person or inspector to reduce and restrict the number and distribution of those animals. “declared animal” means an animal belonging to a class of animals declared under section 69 to be declared animals, and includes— (a) such an animal of any kind or sex; and (b) the egg or semen of such an animal; and (c) such an animal when in the larval stage or any other immature stage; and unless otherwise declared under a regulation, includes any hybrid or cross derived from such an animal. “declared plant” means a plant belonging to a class of plants declared under section 69 to be declared plants. “executive director” means the person for the time being appointed as executive director for the purposes of this Act, and includes any person for the time being performing the functions of the executive director. “fund” see section 210(1). “government entity” see Government Owned Corporations Act 1993 . “have in possession for sale” includes have in possession for any purpose that constitutes a selling within the meaning of this Act. “inspector” means an inspector appointed under section 10. “land under the control of a local government” means land— (a) vested in or leased from a person by a local government;

s 6 14 s 6 Rural Lands Protection Act 1985 (b) within a public place, including a road, under the care, control and management of a local government or vested in a local government as trustee or of which a local government has been appointed the trustee; (c) within a reserve; (d) comprising a stock route or reserve for travelling stock which is not regarded under section 7 as being owned or occupied by some other person; but does not include land leased to any person by a local government. “management program” means a program approved and published by the Minister under section 86. “occupier” , in relation to land, means the person by whom or on whose behalf land is actually occupied or, if there is no occupier, the person entitled to possession thereof. “owner” , of land, has the meaning given by the LocalGovernmentAct 1993 , section 5(1), but does not include the State or a government entity. “plant” means vegetation of any kind, and includes— (a) any part thereof; (b) the product thereof. “primary producer organisation” means an organisation, association, body or group of persons (whether incorporated or unincorporated) representing persons who are actively engaged in a primary producing industry other than mining. “private land” means land for which there is an owner, but does not include a protected area. “protected area” means an area dedicated under the Nature ConservationAct 1992 as— (a) a national park (scientiﬁc); or (b) a national park; or (c) a national park (Aboriginal land); or (d) a national park (Torres Strait Islander land); or (e) a national park (recovery); or (f) a conservation park.

s 6 15 s 6 Rural Lands Protection Act 1985 “protection board” means the Rural Lands Protection Board constituted under this Act. “rabbit board” means the Darling Downs–Moreton Rabbit Board preserved, continued in existence and constituted under this Act. “rabbit-check fence” means all fencing on or abutting the part of the boundary of the rabbit district specified in schedule 2 which immediately prior to the commencement of this Act was being maintained rabbit-proof by the rabbit board, and includes any rabbit-proof fencing erected by the rabbit board on or abutting such part of the boundary of the rabbit district. “rabbit-control ofﬁcer” means a rabbit-control officer appointed under this Act. “rabbit district” means the part of Queensland which constitutes the Darling Downs–Moreton rabbit district. “rabbit-proof” , with reference to any fence, means of such character as to prevent the passage of rabbits. “reserve” means any land (except a reserve for travelling stock) which, for the time being, is declared, reserved or set apart under any Act or law for any purpose and which is under the control of a local government. “reserve for travelling stock” means a reserve under the Land Act 1994 or another Act that may be used for travelling stock. “road” see Land Act 1994 . “rural land” means land other than land situated in any city or town or, in the case of a shire, in any township therein. “sell” includes barter, or agree to sell, or offer or expose or keep or have in possession for sale, or receive, send, forward or deliver for or on sale, or authorising, causing, permitting, or suffering any such acts or things. “stock” means cattle, sheep, horses, mules, goats, pigs and any other animal declared under a regulation to be stock for the purposes of this Act. “stock-proof” with reference to any fence, means of such character as to prevent the passage of stock. “stock route” see Land Act 1994 . “travelling stock” means stock which are being travelled or driven by land other than in the private land where they are ordinarily depastured.

s 6A 16 s 6C Rural Lands Protection Act 1985 “travelling-stock rate” see section 16. 2 “unallocated State land” see Land Act 1994 . “watercourse” means a river, creek or stream in which water flows either permanently, intermittently or occasionally in a natural channel or in a natural channel artificially improved or in an artificial channel that has changed the course of the watercourse. 6A Class of plants or animals of category identiﬁed by letter and numeral etc. For the purposes of this Act— (a) a reference to a class of declared plants or class of declared animals of or assigned to a category identiﬁed by a letter and a numeral refers to a class of declared plants or class of declared animals assigned by declaration under section 69 to the category so identiﬁed in section 70(3) or (4); (b) a reference to a declared plant or declared animal of a category identiﬁed by a letter and a numeral refers to a declared plant or declared animal of a class of declared plants or declared animals, as the case may be, assigned by declaration under section 69 to the category so identiﬁed in section 70(3) or (4). 6B Meaning of plant or animal on land A plant or animal shall be deemed to be on land for the purposes of this Act notwithstanding that it is in a receptacle on that land or is on or in any watercourse on that land or is in the air above that land. 6C Meaning of fence on boundary of land etc. For the purposes of this Act— (a) a fence shall be taken to be on the boundary of any land, or on the common boundary of any lands, if it follows the line which is such actual, reputed or accepted boundary or, where the boundary is inaccessible or incapable of being fenced, if the fence follows such boundary as nearly as practicable having 2 Section 16 (Travelling-stock rate)

s 6D 17 Rural Lands Protection Act 1985 s7 regard to the physical features of the country or if in any case such fence follows any line which is reasonably approximate to such boundary; and (b) the intervention of a road, railway, watercourse or reserve shall not prevent lands being taken to be adjoining or prevent a fence along either side of any such road, railway, watercourse or reserve being taken to be on the common boundary of the lands on either side of such road, railway, watercourse or reserve. 6D Application of declarations to plants or animals on land A provision of this Act relating to declared plants or declared animals on land or to the control of declared plants or declared animals on land applies to plants or animals, as the case may be, that are, for the time being, declared in respect of the part of the State in which that land is situated. 7 Application to certain roads and reserves for travelling stock (1) For the purposes of part 5, division 2, subdivision 4 and part 8, division 3, an owner or occupier of private land shall be regarded, subject to subsection (2), as owning or occupying, as the case may be, in addition to that land— (a) the land comprising any road or reserve for travelling stock that— (i) intersects the private land; or (ii) bounds the private land and is fenced only on the side further from the common boundary of the road or reserve for travelling stock and the private land; (b) the land comprising half of the width of any road or reserve for travelling stock that separates the private land from other private land being the half that is nearer the common boundary of the road or reserve for travelling stock and the ﬁrstmentioned private land; and such land shall be deemed to be included in and to form part of such private land. (2) Subsection (1) does not apply to or in relation to a road or reserve for travelling stock dedicated, declared or notified and open to public use and fenced on both sides.

s 8 18 s 11 Rural Lands Protection Act 1985 8 Application to certain watercourses (1) For the purposes of part 5, division 2, subdivision 4 and part 8, division 3, the bed and banks to the centre line of and the water to the centre-line of any nontidal watercourse or, as the case may be, that part of a nontidal watercourse as comprises any part of the boundaries of private land shall be deemed to be included in and to form part of such private land and shall be regarded as being owned or occupied, as the case may be, by the owner or occupier of the private land. (2) Notwithstanding that the level of the water of a watercourse may occasionally alter in sympathy with the tides or that the waters of the watercourse may be rendered brackish by extraordinary tides, the watercourse shall be deemed to be nontidal if the average level of the water of the watercourse is higher than the level of ordinary spring tides at the nearest locality on the same stream where the water rises and falls with all tides. (3) In subsection (2)— “ordinary spring tides” means tides which rise to a height equal to the mean height of the superior tides at spring throughout the year. PART 2—ADMINISTRATION 10 Appointment of executive director and other ofﬁcers and employees (1) An executive director, an assistant executive director, inspectors, other officers and employees necessary for this Act are to be employed. (2) Unless the Minister otherwise decides, a person employed under subsection (1) is to be employed under the Public Service Act 1996 . 11 Powers of Minister In addition to the powers of the Minister otherwise prescribed by this Act, the Minister may, for the purposes of the due and proper administration of this Act— (a) require a local government to account to the Minister for all moneys payable by the local government under this Act;

s 11 19 s 11 Rural Lands Protection Act 1985 (b) require a local government to report to the Minister in respect of any powers exercised or required to be exercised by it under this Act or in respect of any functions performed or required to be performed by it under this Act; (c) require a local government or any person or body of persons to satisfy the Minister that the local government, person or body of persons, as the case may be, has expended in a proper and economical manner all moneys made available from the fund to the local government, person or body of persons; (d) authorise the payment from the fund of the costs, charges and expenses of the administration of this Act incurred by the Minister or, with the Minister’s approval, by the executive director; (e) authorise the payment from the fund to any government department, local government, person or body of persons of such sums as are approved by the Minister for payment to such government department, local government, person or body of persons for the purpose of defraying the costs, charges and expenses incurred or to be incurred by such government department, local government, person or body of persons in respect of any of its powers or functions under this Act; (f) contract or authorise the executive director to contract with persons for the execution of any work, matter or thing required for a purpose of this Act and authorise payments from the fund to such persons in terms of their respective contracts; (g) upon the recommendation of the protection board, vest the management and control of any facility for watering travelling stock or any other facility or improvement provided under this Act for the improvement of stock routes or reserves for travelling stock in the local government for the area in which the facility or improvement is situated; (h) acquire by agreement or take by resumption land for the purposes of this Act and for that purpose the Minister shall be a constructing authority within the meaning of the Acquisition ofLand Act 1967 ; (i) upon the recommendation of the protection board, acquire any machinery, equipment or materials for a purpose of this Act;

s 12 20 s 13 Rural Lands Protection Act 1985 (j) sell any machinery, equipment or materials acquired for a purpose of this Act at cost price plus an added amount determined by the Minister to cover the costs of and incidental to the acquisition and sale; (k) hire out any machinery or equipment acquired for a purpose of this Act on such terms and conditions as to the Minister seem desirable; (l) upon the recommendation of the protection board, dispose of any machinery, equipment or materials, whether by sale or otherwise, when it is or they are no longer required or suitable for the purpose for which it was or they were acquired; (m) employ or authorise the executive director to employ such number of persons as the Minister considers necessary for any purpose of this Act and authorise the payment from the fund of the wages of such persons. 12 Powers and functions of executive director In addition to the powers and functions of the executive director otherwise prescribed by this Act, the executive director— (a) shall, with the approval of the Minister, carry out the policies and decisions of the protection board; (b) may liaise with Commonwealth, State and Territory quarantine authorities for the purpose of regulating or preventing the introduction into Queensland of declared plants and declared animals; (d) when authorised by the Minister so to do, may employ such number of persons as the Minister considers necessary for a purpose of this Act; (e) shall perform such functions relative to the administration of this Act as the Minister from time to time directs. 13 Committees (1) The Minister may from time to time appoint committees for the purpose of advising the Minister in relation to any matter connected with the administration of this Act.

s 14 21 s 17 Rural Lands Protection Act 1985 (2) Each member of a committee shall be paid such allowances (if any) as the Governor in Council approves from time to time. (3) Each member of a committee shall be paid such expenses as are necessarily incurred by the member in the discharge of his or her duties as a member and as the Minister approves. 14 Delegation (1) The Minister may delegate the Minister’s powers under this Act to the protection board or to any person. (2) The executive director may delegate the executive director’s powers under this Act to any person. 15 Declaration of stock routes The Governor in Council may by a notice published in the gazette declare any road to be a stock route under and for the purposes of this Act. 16 Travelling-stock rate A regulation may authorise funds to be raised by a rate (a “travelling-stock rate” ) of a prescribed amount on stock travelled on a stock route or part of a stock route. PART 3—BOARDS Division 1—Rural Lands Protection Board 17 Constitution of board (1) There shall be constituted from time to time as prescribed a board under the name and style ‘Rural Lands Protection Board’. (2) In addition to any other powers or functions conferred on it by or under this Act the protection board shall have such powers and functions as are delegated to it by the Minister under section 14.

s 19 22 s 19 Rural Lands Protection Act 1985 19 Members of board (1) The protection board consists of not less than 13 nor more than 14 members. (2) The following persons shall be members of the protection board— (a) 2 persons, each of whom is either an owner or occupier of rural land, nominated by the United Graziers’ Association of Queensland (Union of Employers); (b) a person, who is either an owner or occupier of rural land, nominated by the Queensland Graingrowers’ Association; (c) a person, who is either an owner or occupier of rural land, nominated by the Queensland Cane Growers’ Council; (d) a person, who is either an owner or occupier of rural land, nominated by the Council of Agriculture; (e) a person, who is either an owner or occupier of rural land, nominated by the Queensland Dairymen’s State Council; (f) a person, who is either an owner or occupier of rural land, nominated by the Committee of Direction of Fruit Marketing; (g) a person, who is either an owner or occupier of rural land, nominated by the Cattlemen’s Union; (h) 2 persons, each of whom is either a mayor or a councillor of a local government, nominated by the Local Government Association of Queensland (Incorporated); (i) the executive director, who shall be a member ex ofﬁcio; (j) the chief executive of the department or the chief executive’s nominee; (k) the chief executive of the department responsible for the administration of the PlantProtectionAct1989 or that chief executive’s nominee. (3) The members of the protection board mentioned in subsection (2)(a) to (h) are to be appointed by the Governor in Council. (4) If a primary producer organisation which is entitled to do so or the Local Government Association of Queensland (Incorporated) fails or refuses to nominate a person to be a member of the protection board or to nominate a qualified person, the Governor in Council may appoint any qualified person as a member of the protection board in lieu of that person

s 20 23 s 22 Rural Lands Protection Act 1985 and where the Governor in Council does so that person shall be deemed to have been nominated by the primary producer organisation in question or, as the case may be, the Local Government Association of Queensland (Incorporated). 20 Appointment of chairperson (1) The Governor in Council shall appoint a person as chairperson of the protection board and where at the time of such appointment that person is not a member of the protection board the person shall by force of the appointment as chairperson and for so long as the person continues as chairperson be a member of the protection board. (2) Before a person is appointed as the chairperson, the Minister must consult the protection board about the appointment. 21 Term of appointment (1) The chairperson or another member of the protection board is to be appointed for a term of not longer than 3 years. (2) Subsection (1) does not apply to a member mentioned in section 19(2)(i) to (k). 3 22 Vacating chairperson’s ofﬁce (1) The chairperson of the protection board may, by writing furnished to the Minister, resign office as chairperson at any time. (2) The Governor in Council may remove from office the chairperson of the protection board if— (a) the chairperson is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy; or (b) the chairperson becomes incapable, in the opinion of the Governor in Council, of discharging the duties of ofﬁce; or (c) the chairperson is, in the opinion of the Governor in Council, incompetent or unﬁt to hold ofﬁce. (3) The chairperson shall be deemed to have vacated office— 3 Section 19 (Members of board)

s 23 24 s 23 Rural Lands Protection Act 1985 (a) in the event of the chairperson’s resignation—upon the receipt by the Minister of the notice of resignation; (b) in the event of the chairperson’s removal—upon the issue by the Minister of notice of the removal; (c) where the chairperson is a member of the protection board otherwise than by virtue of his or her appointment as chairperson—upon the chairperson being deemed to have vacated ofﬁce as a member. (4) A person appointed to fill a vacancy in the office of a member who was chairperson of the protection board shall not by reason only of the person’s appointment as a member be chairperson. 23 Vacating member’s ofﬁce (1) A member of the protection board, other than a member ex officio, may by writing furnished to the Minister resign office at any time. (2) The Governor in Council may remove from office a member, other than a member ex officio, if— (a) the member is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy; (b) the member becomes incapable, in the opinion of the Governor in Council, of discharging the duties of the ofﬁce; (c) the member is, in the opinion of the Governor in Council, incompetent or unﬁt to hold ofﬁce. (3) A member shall be deemed to have vacated office— (a) in the event of the member’s resignation—upon the receipt by the Minister of the notice of resignation; (b) in the event of the member’s removal—upon the issue by the Minister of notice of the removal; (c) if the member declines to act or to act further as a member; (e) if the member, in relation to the ofﬁce of member held by him or her, ceases to be qualiﬁed as prescribed by section 19(2); (f) if the member is absent without the board’s leave ﬁrst obtained from 3 consecutive ordinary meetings of the board of which notice has been duly given to the member.

s 25 25 s 27 Rural Lands Protection Act 1985 (4) For the purposes of subsection (3)(f)— (a) the nonattendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the board at which a quorum is present is actually held on that day; (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book. (5) This section does not apply to a person who is a member of the protection board only by virtue of the person’s appointment as chairperson thereof. 25 Quorum (1) The quorum of the protection board shall consist of 8 members of the board. (2) No business shall be transacted at a meeting of the protection board unless a quorum is present. 26 Meetings (1) The protection board shall hold its meetings at such times and places as the protection board by resolution appoints and at such other times and places as the Minister or the chairperson of the protection board directs. (2) The protection board shall hold meetings at least 3 times each year. (3) Subject to this Act, the protection board shall conduct its business and proceedings at meetings in such manner as it determines from time to time. 27 Presiding at meetings (1) The chairperson of the protection board shall preside at every meeting of the protection board at which the chairperson is present and in the chairperson’s absence or until the appointment of a chairperson another

s 28 26 s 30 Rural Lands Protection Act 1985 member of the protection board chosen by the members present at the meeting shall preside. (2) The member of the protection board who presides at a meeting of the protection board in the absence of the chairperson or pending the appointment of the chairperson shall, while the member is so acting, have all the powers of the chairperson. 28 Regulations for conduct of board A regulation may provide for the conduct of the business of the protection board and, without limiting the generality of this provision, the regulation may prescribe the procedure at meetings either generally or as to a particular matter, the method of voting, the records to be kept and any other matters necessary to ensure the good order and conduct of the business and proceedings of the protection board. 29 Change of name of primary producer organisation Where a primary producer organisation speciﬁed in section 19(2)(a) to (g) changes its name the Minister may, by gazette notice, notify that section 19(2) is to be construed as providing for the membership of the protection board next constituted and of each protection board thereafter constituted as though the organisation new name were speciﬁed in that subsection in lieu of the name actually speciﬁed therein and subsection (2) shall be construed accordingly. 30 Substitution of other organisation Where any of the members of a primary producer organisation speciﬁed in section 19(2)(a) to (g) form into another primary producer organisation and the Minister is satisﬁed that that organisation is more representative of the persons engaged in the industry concerned than the ﬁrstmentioned organisation the Minister may, by gazette notice, notify that section 19(2) is to be construed as providing for the membership of the protection board next constituted and of each protection board thereafter constituted as though the other organisation were speciﬁed in that subsection in lieu of the organisation actually speciﬁed therein and subsection (2) shall be construed accordingly.

s 31 27 s 31 Rural Lands Protection Act 1985 31 Powers of protection board (1) In addition to the powers of the protection board otherwise prescribed by this Act, the protection board may make recommendations to the Minister with respect to each of the following— (a) as to whether any class of plants or animals should be declared under section 69 and if so the category or categories to which that class should be assigned; (b) as to whether any class of plants should be declared to be extraordinarily noxious plants; (c) the promotion of the control of declared plants and declared animals; (d) the setting up of programs for the purpose of controlling declared plants and declared animals; (e) the setting up of research programs for the purpose of studying the habits and distribution throughout the State or any part thereof of declared plants and declared animals with a view to controlling the same by biological, chemical or other means; (f) the educating of persons in methods of controlling declared plants and declared animals; (g) the purchase of machinery, equipment and materials and the distribution of the same for the purpose of controlling declared plants and declared animals; (h) the establishment, maintenance and improvement of stock routes and the facilities connected therewith; (i) the imposition of travelling-stock rates in any area and the stock routes or parts of stock routes in such area in respect of which such rates should be imposed; (j) the formation, regulation and operation of declared plant syndicates, declared animal syndicates and declared plant and declared animal syndicates to which part 9 applies; (k) amounts to be prescribed under section 211(2); (l) such other matters as the Minister from time to time directs.

s 32 28 s 35 Rural Lands Protection Act 1985 32 Reports (1) The protection board shall, as soon as practicable after 30 June in each year, prepare and submit to the Minister a report on the board’s operations for the 12 months preceding that date. (2) The Minister shall, as soon as practicable after the receipt by the Minister of a report under subsection (1), lay the report before the Legislative Assembly. Division 2—The Darling Downs–Moreton Rabbit Board 33 Darling Downs–Moreton rabbit district The part of Queensland described in schedule 3 is hereby constituted the Darling Downs–Moreton rabbit district. 34 Constitution of rabbit board The board constituted under the Rabbit Act 1964 is hereby preserved, continued in existence and constituted under this Act under the name and style the ‘Darling Downs–Moreton Rabbit Board’. 35 Membership of rabbit board (2) The rabbit board shall consist of 6 members being— (a) an ofﬁcer of the department nominated by the Minister from time to time, who shall be a member ex ofﬁcio; (b) 2 members (respectively qualiﬁed as prescribed) appointed by the Governor in Council; (c) 2 members (respectively qualiﬁed as prescribed) nominated in accordance with the directions given by the Minister under subsection (5) by the local governments prescribed for the purpose of this paragraph, the areas of parts of the areas of which are situated in the Darling Downs division; (d) 1 member (qualiﬁed as prescribed) nominated in accordance with the directions given by the Minister under subsection (5) by the local governments prescribed for the purpose of this paragraph, the areas or parts of the areas of which are situated in the Moreton division.

s 36 29 s 37 Rural Lands Protection Act 1985 (3) For the purposes of the nomination of the members mentioned in subsection (2)(b), (c) and (d), the Governor in Council under a regulation shall divide the rabbit district into 2 divisions called the Darling Downs division and the Moreton division. (4) The Governor in Council under a regulation may alter such divisions by excluding part of one therefrom and including it in the other or by abolishing both and redividing the rabbit district. (5) The Minister may from time to time give all such directions as the Minister thinks necessary or desirable for providing for and regulating the nomination of the members referred to in subsection (2)(c) and (d). 36 Appointment and term of ofﬁce of members (1) The members, other than the member ex officio, by whom the rabbit board is to be constituted, shall be appointed by the Governor in Council. (2) A member’s appointment under subsection (1) is for the term, of not more than 3 years, stated in the member’s instrument of appointment. (3) If a nomination referred to in section 35(2)(c) or (d) is not made as directed by the Minister the Governor in Council may appoint a sufﬁcient number of persons to complete the full membership of the rabbit board. (4) Persons appointed pursuant to subsection (3) shall be qualified as prescribed for appointment to the office of member to which they are appointed and shall be deemed to have been nominated as directed by the Minister. 37 Qualiﬁcations of members (1) The members, other than the member ex officio, of the rabbit board shall be qualified as follows— (a) in respect of the members referred to in section 35(2)(b)— (i) 1 shall reside in the Darling Downs division; and (ii) 1 shall reside in the Moreton division; and each shall be either an owner or occupier of rural land situated in the member’s respective division; (b) the 2 members referred to in section 35(2)(c) shall each reside in the Darling Downs division and be either an owner or occupier of rural land situated in that division;

s 38 30 s 38 Rural Lands Protection Act 1985 (c) the member referred to in section 35(2)(d) shall reside in the Moreton division and be an owner or occupier of rural land situated in that division. (2) A person shall not be capable of being appointed a member of the rabbit board unless, in relation to the office of member to which the person is appointed, the person is qualified as prescribed by subsection (1). 38 Vacating member’s ofﬁce (1) A member, other than the member ex officio, of the rabbit board may, by writing furnished to the clerk to the rabbit board, resign office at any time. (2) The Governor in Council may remove from office a member of the rabbit board, other than the member ex officio, if— (a) the member is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy; or (b) the member becomes incapable, in the opinion of the Governor in Council, of discharging the duties of the ofﬁce; or (c) the member is, in the opinion of the Governor in Council, incompetent or unﬁt to hold ofﬁce. (3) A member shall be deemed to have vacated office— (a) in the event of the member’s resignation—upon the receipt by the clerk to the rabbit board of the notice of resignation; (b) in the event of the member’s removal—upon the issue by the Minister of notice of the removal; (c) if the member declines to act or to act further as a member; (e) if the member, in relation to the ofﬁce of member held by the member, ceases to be qualiﬁed as prescribed by section 37(1); (f) if the member is absent without the rabbit board’s leave ﬁrst obtained from 3 consecutive ordinary meetings of the board of which notice has been duly given to the member. (4) For the purposes of subsection (3)(f)— (a) the nonattendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the rabbit board at which a quorum is present is actually held on that day;

s 39 31 s 40 Rural Lands Protection Act 1985 (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book. 39 Casual vacancy in member’s ofﬁce (1) A casual vacancy shall be taken to arise in the office of a member of the rabbit board— (a) if the member dies; (b) if the member’s ofﬁce becomes vacant as prescribed by section 38. (2) If a casual vacancy occurs in the office of a member, other than the member ex officio, during the currency of the member’s term of appointment another person who, in relation to the office in question, is qualified under section 37(1), 4 may be appointed by the Governor in Council as a member to fill the vacancy. (3) The appointment of a person to fill a casual vacancy shall continue and be deemed to continue for as long as the appointment of the person’s predecessor had the casual vacancy not occurred. 40 Chairperson (1) The chairperson of the rabbit board is the member of the board chosen at the first meeting held after the members are appointed under section 36(1). (2) If there is a casual vacancy in the office of chairperson, the members present at the first meeting held after the vacancy happens must choose another member to be chairperson. 4 Section 37 (Qualiﬁcation of members)

s 41 32 s 44 Rural Lands Protection Act 1985 41 Conduct of business Subject to this Act, the rabbit board shall conduct its business and proceedings at meetings in such manner as it determines from time to time. 42 Presiding at meetings (1) The chairperson of the rabbit board shall preside at every meeting of the board at which the chairperson is present and in the chairperson’s absence another member of the board chosen by the members present at the meeting shall preside. (2) The member of the rabbit board who presides at a meeting of the board in the absence of the chairperson shall, while the member is so acting, have all the powers of the chairperson. 43 Quorum (1) The quorum of the rabbit board shall consist of 4 members of the board. (2) No business shall be transacted at a meeting of the rabbit board unless a quorum is present. 44 Functions (1) The rabbit board shall at all times ensure that land situated in the rabbit district is maintained free from rabbits and shall at all times maintain the rabbit-check fence so that the fence is rabbit-proof. (2) For the purpose of carrying out its functions the rabbit board, subject to any general or special directions given by the Minister, shall— (a) plan and coordinate the work of maintaining the rabbit-check fence in such a manner that the fence is rabbit-proof; (b) carry out the work as so planned and coordinated; (c) estimate in respect of each ﬁnancial year the amount of revenue required to defray the cost of carrying out the functions of the board which estimate shall be in addition to the cost of administering, in respect of the rabbit district, the provisions of this Act that relate to the board;

s 44A 33 Rural Lands Protection Act 1985 s 45 (d) carry out such functions and works for effecting in relation to the rabbit district the functions of the board as the Minister directs. (3) The estimate prescribed by subsection (2)(c) shall, in respect of each and every financial year, be made and furnished to the Minister not later than the last preceding 30 April and shall be accompanied by a statement of the works and other functions of the rabbit board for defraying the costs and expenses of the carrying out and performance whereof the estimated revenue is required. (4) Such statement shall specify the works and other functions to which it relates and shall set out in relation to each work or other function so specified an estimate of the cost or expenses of the carrying out or performance thereof. (5) The Minister shall, in respect of each financial year, approve of such works and other functions to be carried out by the rabbit board as the Minister deems fit having regard to the objects of this Act that relate to the rabbit board and of the costs or expenses to be incurred by the rabbit board in carrying out each work or other function approved by the Minister. 44A Rabbit board is statutory body (1) Under the StatutoryBodiesFinancialArrangementsAct1982 , the rabbit board is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the rabbit board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 , including, for example, sections 45 and 46 of this Act. 45 Rabbit board may acquire land (1) The rabbit board may, with the approval of the Minister, for any purpose connected with the performance of its functions, acquire either freehold land or land that is held under a lease under the Land Act 1994 . (2) Expenditure incurred by the board in acquiring land shall be taken to be incurred by it in the performance of its functions. (3) The rabbit board, with the approval of the Minister, may exchange land acquired by it for other land of a type mentioned in subsection (1), that is more suitable for the performance of its functions.

s 46 34 s 48 Rural Lands Protection Act 1985 (4) The rabbit board, with the approval of the Minister, may sell land acquired by it that is no longer required for the performance of its functions. (5) Moneys received from the sale of land shall, after deduction of any expenses incurred in offering the land for sale, be paid into the board’s general fund. 46 Rabbit board may acquire machinery etc. (1) The rabbit board may, if the Minister approves that the expenditure be incurred, acquire such machinery, equipment or material as is necessary for the performance of its functions. (2) The board may dispose of any machinery, equipment or material acquired by it. (3) The proceeds from any such disposal shall be paid into the board’s general fund. 47 Rabbit control and other ofﬁcers (1) There are to be rabbit-control officers. (2) Rabbit-control officers and other officers required to assist the board are to be employed under the Public Service Act 1996 . 48 Rabbit board staff (1) The rabbit board may engage the employees it considers necessary to perform its functions. (2) The rabbit board may decide its employees’ conditions of employment. (3) However, subsection (2) has effect subject to any relevant award or industrial agreement. (4) The employees are to be employed under this Act, and not under the Public Service Act 1996 .

s 51 35 s 53 Rural Lands Protection Act 1985 51 Control of money and property (1) Whenever it appears to or comes to the knowledge of the rabbit board that, arising from a cause which could constitute an offence under the Criminal Code or any other Act or law, there is— (a) a loss of or deﬁciency in any moneys of or under the control of the board; or (b) a loss of, destruction of or damage to property of or under the control of the board; the rabbit board shall forthwith give notice thereof to the auditor-general and to a police ofﬁcer appointed to be in charge of the police station established at, or nearest to, the locality where the money or property was lost, deﬁcient, destroyed or, as the case may be, damaged. (2) The rabbit board shall not— (a) abstain from, discontinue or delay a prosecution for an offence under the laws of the State in relation to any money or property of or under the control of the board which is or appears to be stolen or wilfully destroyed or damaged; or (b) withhold or promise to withhold or delay any evidence for the purposes of such a prosecution. Division 3—General 52 Interpretation In this division— “board” means the Rural Lands Protection Board or the Darling Downs–Moreton Rabbit Board. 53 Restrictive employment provisions inapplicable to membership of board A provision of any enactment requiring the holder of an ofﬁce to devote the whole of the person’s time to the duties of the ofﬁce or prohibiting the person from engaging in employment outside the duties of the ofﬁce shall not operate to hinder the person holding that ofﬁce and the ofﬁce of a member or chairperson of the board.

s 54 36 s 57 Rural Lands Protection Act 1985 54 Allowances (1) A member of the board is entitled to be paid the fees and allowances decided by the Governor in Council. (2) Each member of the board shall be paid such expenses as are necessarily incurred by the member in the discharge of the member’s duties as a member and as the Minister approves. 55 Voting (1) A duly convened meeting of the board at which a quorum is present shall be competent to transact any business of the board and shall have and may exercise all the powers and functions by this Act conferred or imposed upon the board. (2) Every decision of the board and of its members shall be taken by majority vote of the members present at a meeting of the board at which a quorum is present. (3) The chairperson of the board shall have a deliberative vote and, in the event of an equality of votes, shall have a second or casting vote. (4) A member of the board who, being present at a meeting of the board, abstains from voting shall be taken to have voted in the negative. PART 4—POWERS AND FUNCTIONS OF LOCAL GOVERNMENTS Division 1—Stock routes etc. 57 Local governments to improve and maintain stock routes and reserves for travelling stock (1) A local government shall, as a function of local government, control, improve and maintain stock routes and reserves for travelling stock within its area to such extent as is necessary to ensure that they are at all times in a reasonably fit and proper condition for use by travelling stock. (2) For the purpose of performing the duty imposed by this section a local government shall have the powers prescribed by this division.

s 58 37 s 59 Rural Lands Protection Act 1985 58 Powers and functions of local governments Every local government shall with respect to its area— (a) conserve the natural fodder for stock on any stock route or reserve for travelling stock, whether fenced or unfenced; (b) determine, subject to the approval of the Minister, whether any stock route or reserve for travelling stock shall be fenced in with or fenced out of any private land; (c) if thereunto required by the Minister, provide supplies of water for or facilities for watering travelling stock; (d) at all times maintain in good and substantial repair all facilities for watering travelling stock and all other facilities for the improvement of stock routes existing at the commencement of this Act or provided under this Act; (e) if thereunto required by the Minister, control declared plants and declared animals on unallocated State land: the costs incurred by a local government under this paragraph shall be paid out of the fund; (f) subject to this Act and any other Act or law affecting travelling stock, control and regulate the movements of travelling stock on any stock route, reserve for travelling stock, reserve or unallocated State land; (g) collect all fees and other charges made under or in pursuance of this Act in respect of stock routes or reserves for travelling stock; (h) transmit to the department as revenue of the fund the amount of all fees and other charges collected by it pursuant to paragraph (g); (i) administer all regulations made under this Act in respect of stock routes or reserves for travelling stock which it is expressly or impliedly required to administer. 59 Water facility agreement (1) A local government may, with the prior approval of the Minister, and shall, if so directed by the Minister, enter into an agreement with an owner in its area whose private land is intersected by, adjoins or is adjacent to a stock route or a reserve for travelling stock to provide for—

s 60 38 s 60 Rural Lands Protection Act 1985 (a) a supply of water to the private land from a water facility under the control and management of the local government and situated on such stock route or reserve for travelling stock; or (b) a supply of water to such stock route or reserve for travelling stock from a water facility situated on the private land; or (c) the watering of travelling stock at a water facility situated on the private land; or (d) the maintenance in good order and condition of a water facility under the control and management of the local government and situated on such stock route or reserve for travelling stock; or (e) the construction, conjointly by the local government and the owner, of a water facility for the use of travelling stock and stock depastured on the private land. (2) An agreement referred to in subsection (1) shall not be executed by the parties unless and until the Minister has approved of the terms and conditions thereof. (3) The ownership of a water facility constructed, pursuant to an agreement entered into under subsection (1)(e), shall, if either party to the agreement pays the cost thereof, be vested in such party but if such cost is apportioned between them it shall be vested, unless the agreement otherwise provides, in each party in the proportion that the party contributed to the cost of construction. (4) The Minister shall not direct a local government to enter into an agreement under subsection (1) unless the Minister is satisfied that the owner is willing to enter into the agreement and the terms and conditions thereof are equitable as between the local government and the owner. 60 Notiﬁcation in register (1) A local government shall produce any agreement entered into by it pursuant to section 59 to and lodge a duplicate original or true copy thereof with the authority charged with registering the instrument of title to the private land to which the agreement relates and such authority shall note such agreement by endorsement in its register and on every such instrument. (2) Upon an agreement referred to in subsection (1) being noted in a register pursuant to that subsection, the agreement shall be binding on every subsequent owner of the private land to which it relates.

s 61 39 s 61 Rural Lands Protection Act 1985 (3) A local government which enters into an agreement referred to in subsection (1) may, by notice in writing served upon a person who is in possession of an instrument of title to the private land to which the agreement relates, require that person to produce the instrument, within such time as is specified in the notice, to the authority charged with registering that instrument. (4) A person who fails to comply with the requirements of a notice served on the person pursuant to subsection (3) commits an offence against this Act. Maximum penalty—5 penalty units. 61 Straying stock may be seized (1) Subject to subsection (2), stock found on any part of a stock route or reserve for travelling stock may be seized and taken possession of by an inspector or officer of the department or, on behalf of the local government for the area in which that part is situated, by a person authorised in that behalf (either generally or in the particular case) by the local government. (2) Subsection (1) does not apply to— (a) bona ﬁde travelling stock authorised to be on the part of the stock route or reserve for travelling stock in question by the local government for the area in which that part is situated; (b) stock on any part of a stock route or reserve for travelling stock that is situated within private land or abuts upon the boundary of private land and which is not fenced off from the private land or otherwise protected from the straying thereon of stock from the private land. (3) Upon payment within the prescribed time of the prescribed charges any stock seized shall be released to their owner. (4) If the prescribed charges are not paid within the prescribed time any stock seized shall be sold at auction and the proceeds of the sale paid to the department as revenue of the fund. (5) Where cattle or horses are offered at auction pursuant to subsection (4) and due notice of the sale has been given in a newspaper circulating generally in the area in which they were seized, and the amount offered for any beast or horse does not reach $30, the beast or horse may be forthwith destroyed by order of the mayor of the local government for the area or the executive director.

s 62 40 s 63 Rural Lands Protection Act 1985 62 Overstocking Where a stock route or part thereof is fenced in or enclosed with private land or part thereof thereby making a stock-route paddock, an owner or, if the owner is not the occupier, an occupier of the private land who deliberately overstocks that paddock in contrast with other paddocks of the private land commits an offence against this Act. Maximum penalty—10 penalty units. 63 Stock may be mustered (1) For the purpose of ascertaining whether or not a stock-route paddock is overstocked— (a) an authorised person may; or (b) the local government for the area in which the paddock is situated may and shall if so directed by the executive director; by notice in writing served on the owner or, if the owner is not the occupier, the occupier of the private land on which the paddock is situated direct that the stock on the private land be mustered within the time speciﬁed in the notice. (2) Where the owner or occupier fails to comply with a direction contained in a notice served on him or her under subsection (1) any person empowered in writing by the local government for the area in which the paddock is situated so to do (either generally or in the particular case) may enter the land and muster the stock. (3) The expenses incurred by a local government under subsection (2) shall be a debt due by the owner or occupier served with the notice under subsection (1) to the local government and may be sued for and recovered in a court of competent jurisdiction. (4) Subsection (3) shall be operative whether proceedings are brought against the owner or occupier concerned for a breach of section 62(1) or not.

s 64 41 s 65 Rural Lands Protection Act 1985 Division 2—General 64 Local government to enforce provisions of this Act (1) Subject to this Act, each local government is hereby charged with responsibility— (a) to ensure that declared plants and declared animals are controlled within its area; (b) to prevent the introduction into and the spread within its area of declared plants and declared animals; as a function of local government and for the purposes of discharging that responsibility a local government— (c) shall enforce and make use of the provisions of this Act in so far as it is competent to it to do so; (d) may pay bonuses, approved by the Minister upon the recommendation of the protection board, for the destruction of declared animals of a class speciﬁed in the approval; (e) may, subject to its obtaining the approval of the Minister so to do, distribute poison and weedicides to the owners of private land. (2) So far as it is competent to a local government to enforce a provision of this Act in relation to a matter referred to in subsection (1)(a) or (b) the responsibility prescribed by subsection (1) is primarily that of each local government, notwithstanding any other provision of this Act. 65 Minister may direct local government to exercise power or discharge function If a local government— (a) refuses or fails to exercise or discharge any power or function conferred or imposed on it under or in pursuance of this Act; or (b) refuses or fails to carry out any work or activity which it is empowered or required under this Act to carry out; or (c) in the opinion of the Minister, is not exercising or discharging such power or function or carrying out such work or activity in a manner calculated to effect within its area the objects of this Act;

s 66 42 s 66 Rural Lands Protection Act 1985 the Minister may, by notice in writing served on the local government, direct it— (d) to exercise or discharge such power or function or to carry out such work or activity; or (e) to exercise or discharge such power or function or carry out such work or activity in such manner as the Minister thinks ﬁt; within the time speciﬁed in the notice. 66 When powers etc. of local government to be performed by executive director (1) If the local government does not comply with a notice served on it under section 65, a regulation may— (a) declare that it shall cease to exercise or discharge such power or function or carry out such work or activity as is speciﬁed in the regulation; and (b) direct the executive director to exercise or discharge or carry out, as the case may be, such power, function, work or activity. (2) In carrying out a direction given to the executive director pursuant to subsection (1), the executive director shall have all the powers of the local government and the local government shall pay the costs, charges, fees and expenses of the executive director incurred in carrying out the direction. (4) Within 21 days after complying with a direction given to the executive director pursuant to subsection (1), the executive director shall give to the local government written notification that the executive director has complied with the direction and shall inform it with reasonable particularity of the amount of the costs, charges, fees and expenses incurred by the executive director in so complying. (5) The local government shall pay to the executive director for payment into the fund the amount notified to it pursuant to subsection (4) within 21 days of being notified or within such extended time (not exceeding 35 days from the date of giving notification) as the Minister may allow. (6) If a local government fails to comply with subsection (5) the executive director shall certify to the Minister the amount owing by the local government. (7) Notwithstanding the provisions of any other Act the Minister, with the prior approval of the Governor in Council first had and obtained, may

s 233 119 Rural Lands Protection Act 1985 s 233 (b) with respect to the use of appliances and materials for controlling declared plants and declared animals and the manner of mixing materials; (c) prohibiting or regulating the use of any particular chemical or spray in or for the control of declared plants or declared animals or for the destruction of other plants or animals whether that chemical or spray is applied by aircraft or by any other means, at any time or during particular periods or in relation to any area or boundary speciﬁed in the regulations; (d) with respect to the disposal of declared plants by incineration and other methods; (e) controlling the movement of persons into, on and from land in or upon which declared plants are or are suspected to be present; (f) with respect to the movement of stock from land in or upon which declared plants are or are suspected to be present; (g) with respect to the keeping of stock on land in or upon which declared plants are or are suspected to be present; (h) with respect to the fencing of land in or upon which declared plants are or are suspected to be present; (i) prescribing the time, period or method of cultivating land in or upon which declared plants are or are suspected to be present; (j) with respect to the use, storage or carriage in any area of any vehicle, machine (including an aeroplane) or thing which harbours or is likely to harbour the propagules of any declared plant; (k) imposing conditions and restrictions on— (i) the introduction into the State of animals that are declared animals of category A4 in respect of the whole of the State; (ii) the introduction into a part of the State of animals that are declared animals of category A4 in respect of that part of the State; (iii) the keeping, sale or disposal in a part of the State of animals that are declared animals of category A6 in respect of that part of the State; (l) prohibiting or regulating—

s 235 120 Rural Lands Protection Act 1985 s 236 (i) the setting and use of traps, other than live-capture traps, for the purpose of capturing declared animals; (ii) the laying of poison for the purpose of destroying declared animals; in any area speciﬁed in the regulations; (m) with respect to the movement of stock, vehicles, machinery or any other thing on or from land in or upon which declared animals are or are suspected to be present; (n) preventing interference with experiments conducted by or on behalf of the protection board or the executive director on or in relation to declared plants or declared animals and, without limiting the generality of the foregoing— (i) prohibiting or regulating entry to a location on which such experiments are being conducted; (ii) prohibiting the trapping, catching or killing of all or any declared animals on any location on which such experiments are being conducted; (o) with respect to the paying of bonuses, the circumstances and manner in which bonuses may be claimed and the prevention of fraudulent or other improper practices in connection therewith. 235 Offences under regulations A regulation may prescribe offences for contraventions of a regulation, and ﬁx a maximum penalty of a ﬁne of not more than 20 penalty units for the contravention. Division 5—Miscellaneous 236 Destruction of straying dogs (1) Any— (a) police ofﬁcer; or (b) ofﬁcer of the department; or (c) ofﬁcer of a local government for the area or part of the area in respect of which this section is in force; or

s 237 121 Rural Lands Protection Act 1985 s 238 (d) owner or occupier or any agent of the owner or occupier of rural land which is situated wholly or partly within an area or part of an area in respect of which this section is in force; or (e) person in charge of travelling stock in an area or part of an area in respect of which this section is in force; who at any time ﬁnds at large on rural land (other than rural land situated in a protected area) or on a stock route or reserve for travelling stock any dog, whether registered under any law or not, which is not then in the immediate custody, protection or control of some person may and is hereby authorised to destroy (and, for the purpose of so doing, to seize) such dog then and there. (2) To the extent necessary to give operation and effect to this section the provisions of this Act and of every other Act or law shall be read and construed subject to this section. (3) This section has effect only for an area specified under a regulation. 237 Registration of domestic dogs (1) A regulation may declare that every dog (other than a dingo) kept in or introduced into any area specified in the regulation shall be registered with the local government for such area. (2) The local government shall charge such annual registration fee, not being less than $1, as stated in the regulation. (3) The local government shall supply to the owner of every dog so registered a disc showing some distinguishing mark or lettering which indicates that such dog is registered by the local government. (4) A registration to which this section applies shall remain in force for a period of 12 months and may be renewed from time to time. (5) A dog found in an area in respect of which a regulation mentioned in subsection (1) is in force and which is not registered pursuant to this section may be destroyed by an officer of the department, an officer of the local government for the area or by a police officer. 238 Dividing Fences Act not to apply The Dividing Fences Act 1953 does not apply to fences erected under or pursuant to or deemed to be erected under or pursuant to this Act.

s 239 122 Rural Lands Protection Act 1985 s 241 239 Certiﬁcate of appointment Each inspector and rabbit-control ofﬁcer shall be provided with a certiﬁcate of his or her appointment as such and shall, if required to do so, produce that certiﬁcate to the owner or occupier of any land or premises the inspector or rabbit-control ofﬁcer may enter pursuant to the powers conferred on him or her by this Act. 240 Indemnity (1) Liability at law shall not attach to the Crown or any person on account of any act or thing done or omitted to be done pursuant to this Act or done or omitted to be done bona fide for the purposes of this Act and done or omitted to be done without negligence. (2) The seizure, detention, destruction, disposal, forfeiture or other dealing with of any plant, animal or other thing whatsoever under this Act shall not confer upon any person a right to compensation. (3) Without limiting the generality of the foregoing provisions of this section, no action or other remedy shall lie against nor shall any sum by way of compensation, damages or otherwise be payable by the Crown, the Minister, a government department or any local government for any loss or injury sustained by any owner or person in possession of any livestock poisoned by eating on any public land or any road or land under the control of a local government any plant, grass or herbage which has been poisoned by the servant or agent or permittee of the Minister or such department or local government in the destruction of or in an endeavour to destroy any declared plant or extraordinarily noxious plant if the Minister or, as the case may be, such government department or local government has given notice twice in some newspaper circulating in the area where the work is to be carried out and caused public notice of the use of poison to be affixed in a conspicuous manner in all places where work is being carried out and has served such notice on each resident occupier of any land abutting on the place where the work is being carried out. 241 Civil liability Except where this Act expressly otherwise provides— (a) a cause of action in civil proceedings shall not be constituted by a breach of a duty that depends for its existence upon a provision of this Act; and

s 242 123 Rural Lands Protection Act 1985 s 244 (b) no provision of this Act shall be construed to derogate from any duty had by a person independently of this Act or to prejudice any right of action had by any person in respect of a breach of such a duty. 242 Name and address may be required An authorised person, inspector or a rabbit-control ofﬁcer acting in the exercise or performance of his or her powers or functions under this Act may— (a) require any person to state his or her name and address; (b) require any occupier of land to state, to the best of the occupier’s knowledge, information and belief, the name and address of the owner of that land. 243 Obstruction etc. Any person who— (a) without lawful excuse, wilfully obstructs, hinders or resists an inspector, authorised person, rabbit-control ofﬁcer or other person in the exercise or performance of his or her powers or functions under this Act; or (b) without lawful excuse, refuses or wilfully fails to comply with any lawful requirement of an authorised person, inspector or a rabbit-control ofﬁcer under this Act; or (c) wilfully makes any false statement to or misleads, or attempts to mislead an inspector, authorised person, rabbit-control ofﬁcer or other person in the exercise or performance of his or her powers or functions under this Act; commits an offence against this Act. 244 Seizure of plants etc. (1) Where an authorised person or inspector seizes any plant, animal or other thing whatsoever pursuant to this Act that plant, animal or other thing may be left by the authorised person or inspector at the place where it was seized.

s 245 124 Rural Lands Protection Act 1985 s 247 (2) Unless he or she is authorised by the executive director or an authorised person or inspector so to do, a person who removes or otherwise interferes with any plant, animal or other thing seized by an authorised person or inspector pursuant to this Act commits an offence against this Act. 245 Personating ofﬁcers Any person who falsely represents himself or herself to be or personates an authorised person, inspector or rabbit-control ofﬁcer commits an offence against this Act. 246 Authorised person etc. may be accompanied by assistants etc. Where, under the provisions of this Act or of a warrant granted under this Act, an authorised person, inspector, rabbit-control ofﬁcer or other person is authorised to enter land, or premises on land, for any purpose— (a) he or she may, with or without assistants or contractors enter and remain on that land or in those premises for such period as is reasonable for carrying out that purpose; (b) he or she shall have for himself or herself and those assistants or contractors such rights of ingress, egress and regress into, over and across that land for that period with such vehicles, instruments, appliances and materials as are reasonable for carrying out that purpose. 247 Approval of forms The chief executive may approve forms for use under this Act.

125 Rural Lands Protection Act 1985 SCHEDULE 2 section 6 RABBIT–CHECK FENCE The part of the boundary of the rabbit district commencing on the shore of the South Paciﬁc Ocean at the south-east corner of the State, and thence by the southern boundary thereof westerly to the Shire of Rosenthal, at the south corner of portion 50v, parish of Rosenthal, by the south-western boundary of that shire, by the southern and south-western boundaries of the parish of Tummaville to the south corner of portion 131v, parish of Gore, by roads northerly to the north-east corner of portion 118v, north-westerly and westerly to the north-west corner of portion 54v, parish of Domville, south-westerly to the east corner of portion 95, north-westerly to the south corner of portion 85, westerly to the south-west corner of portion 4116 and northerly and north-westerly to the west corner of that portion, by the south-western boundary of the parish of Domville, by the south-western and western boundaries of the parish of Yandilla to the north-west corner of portion 699, by the road intersecting portion 33, parish of Wilkie northerly, by the western boundaries of the parishes of Yandilla and Cecil Plains to the Shire of Wambo, by the southern and western boundaries of that shire to portion 38, parish of Braemar, by the south-western boundary of that portion, by the eastern boundaries of portions 22, 21, 20 and 2 and portions 18, 17, 14 and 47 to 50 parish of Kogan, by the north-eastern boundaries of portions 51, 28 and 26, parish of Hunter, by the west boundaries of subdivision 2 of portion 1532 and subdivision 2 of portion 1254, R. 35 parish of Earle and portions 20v, 191, 37v, 19v, 17v, 18v and 28 to the western railway, by that railway north-westerly to Glasson Street, Chinchilla, by that street south-westerly, by the northern boundary of portion 1v, parish of Chinchilla, by the south and west boundaries of portion 285, by the south-western boundaries of portions 168, 1521, 67 and 159 parish of Colamba to the western railway; and by that railway westerly to the western boundary of the Shire of Chinchilla.

126 Rural Lands Protection Act 1985 SCHEDULE 3 section 33 DARLING DOWNS–MORETON RABBIT DISTRICT Commencing on the shore of the South Paciﬁc Ocean at the south-east corner of the State, and bounded thence by the southern boundary thereof westerly to the Shire of Rosenthal at the south corner of portion 50v, parish of Rosenthal, by the south-western boundary of that shire, by the southern and south-western boundaries of the parish of Tummaville to the south corner of portion 131v, parish of Gore, by roads northerly to the north-east corner of portion 118v, north-westerly and westerly to the north-west corner of portion 54v, parish of Domville, south-westerly to the east corner of portion 95, north-westerly to the south corner of portion 85, westerly to the south-west corner of portion 4116 and northerly and north-westerly to the west corner of that portion, by the south-western boundary of the parish of Domville, by the south-western and western boundaries of the parish of Yandilla to the north-west corner of portion 699, by the road intersecting portion 33, parish of Wilkie northerly, by the western boundaries of the parishes of Yandilla and Cecil Plains to the Shire of Wambo, by the southern and western boundaries of that shire to portion 38, parish of Braemar, by the south-western boundary of that portion, by the eastern boundaries of portions 22, 21, 20 and 2 and portions 18, 17, 14 and 47 to 50 parish of Kogan, by the north-eastern boundaries of portions 51, 28 and 26, parish of Hunter, by the west boundaries of subdivision 2 of portion 1532 and subdivision 2 of portion 1254, R. 35 parish of Earle and portions 20v, 191, 37v, 19v, 17v, 18v and 28 to the western railway, by that railway north-westerly to Glasson Street, Chinchilla, by that street south westerly, by the northern boundary of portion 1v, parish of Chinchilla, by the south and west boundaries of portion 285, by the south-western boundaries of portions 168, 1521, 67 and 159 parish of Colamba to the western railway, by that railway westerly to the western boundary of the Shire of Chinchilla, by the western, northern and north-eastern boundaries of that shire, by the north-eastern boundaries of the Shire of Wambo and the parishes of Rosalie and Milton, by the north-eastern and northern boundaries of the parish of Goombungee, by the northern and north-eastern boundaries of the parish of Douglas, by the eastern boundary of the parish of Geham to the Shire of Gatton, by the northern boundaries of the Shires of Gatton, Laidley, Moreton, Beaudesert and Albert easterly, southerly and

127 Rural Lands Protection Act 1985 SCHEDULE 3 (continued) again easterly to the South Paciﬁc Ocean; and by the shore thereof southerly to the point of commencement.

128 Rural Lands Protection Act 1985 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 March 2002. Future amendments of the Rural Lands Protection Act 1985 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

129 Rural Lands Protection Act 1985 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A 1B 1C 1D 1E Amendments included to Act No. 58 of 1995 to Act No. 54 of 1996 to Act No. 54 of 1996 to Act No. 29 of 1999 to Act No. 26 of 2000 to Act No. 44 of 2000 Reprint date 31 January 1996 17 December 1996 21 October 1997 23 July 1999 19 July 2000 10 November 2000 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 1 6 List of legislation Rural Lands Protection Act 1985 No. 70 date of assent 16 October 1985 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1986 (proc pubd gaz 28 June 1986 p 1736) amending legislation— Public Service Management and Employment Act 1988 No. 52 s 44 sch 3 date of assent 12 May 1988 commenced 18 July 1988 (proc pubd gaz 16 July 1988 p 2876) Rural Lands Protection Act Amendment Act 1990 No. 67 date of assent 19 September 1990 ss 1–2 commenced on date of assent remaining provisions commenced 22 June 1992 (1992 SL No. 121) Nature Conservation Act 1992 No. 20 ss 1–2, 159 sch 2 date of assent 22 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 19 December 1994 (1994 SL No. 472)

130 Rural Lands Protection Act 1985 Lands Legislation Amendment Act 1992 No. 64 ss 1–3 sch 1 date of assent 7 December 1992 ss 1–2 commenced on date of assent remaining provisions commenced 31 January 1993 (1992 SL No. 448) Local Government Act 1993 No. 70 ss 1–2, 804 sch date of assent 7 December 1993 ss 1–2 commenced on date of assent remaining provisions commenced 26 March 1994 (see s 2(5)) Statute Law (Minor Amendments) Act (No. 2) 1995 No. 51 ss 1, 4 sch date of assent 22 November 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent s 147 sch 2 amdts 2–3 commenced 1 December 1996 (1996 SL No. 361) remaining provisions commenced 21 October 1998 (automatic commencement under AIA s 15DA(2)) (1997 SL No. 203 s 30(2)) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Financial Administration Legislation Amendment Act 1999 No. 29 ss 1–2, 50 sch date of assent 16 June 1999 ss 1–2, 50 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 122 and see 1999 SL No. 119, 1999 SL No. 70 s 2(3)) Primary Industries and Natural Resources Legislation Amendment Act 2000 No. 26 ss 1, 12 sch 1 date of assent 27 June 2000 commenced on date of assent Nature Conservation and Other Legislation Amendment Act 2000 No. 44 ss 1, 42 sch date of assent 25 October 2000 commenced on date of assent Duties Act 2001 No. 71 ss 1–2(1), 551 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 10)

131 Rural Lands Protection Act 1985 7 List of annotations Commencement s 2 om 1995 No. 58 s 4 sch 1 Arrangement of Act s 3 om 1990 No. 67 s 4 Repeals s 4 om R1 (see RA s 40) Relationship to other Acts s 5 amd 1992 No. 20 s 159 sch 2 Deﬁnitions prov hdg sub 1995 No. 58 s 4 sch 1 s 6 def “approved form” ins 1995 No. 58 s 4 sch 1 def “area” om 1993 No. 70 s 804 sch def “chief executive (lands)” ins 1992 No. 64 s 3 sch 1 om 1995 No. 58 s 4 sch 1 def “control” amd 1990 No. 67 s 5(a) def “declared animal” amd 1995 No. 58 s 4 sch 1 def “functions” om 1993 No. 70 s 804 sch def “fund” sub 1999 No. 29 s 50 sch def “Government department” om 1992 No. 64 s 3 sch 1 def “government entity” ins 1995 No. 58 s 4 sch 1 def “Joint Local Authority” om 1993 No. 70 s 804 sch def “local authority” om 1992 No. 64 s 3 sch 1 def “Minister” sub 1990 No. 67 s 5(b) om 1992 No. 64 s 3 sch 1 def “National Park” om 1992 No. 20 s 159 sch 2 def “owner” sub 1995 No. 58 s 4 sch 1 def “Plague Locust Destruction Committee” om 1990 No. 67 s 5(c) def “power” om R1 (see RA s 39) def “private land” amd 1992 No. 20 s 159 sch 2 sub 1995 No. 58 s 4 sch 1 def “protected area” ins 1992 No. 20 s 159 sch 2 amd 2000 No. 44 s 42 sch def “reserve” amd 1995 No. 58 s 4 sch 1 def “reserve for travelling stock” sub 1995 No. 58 s 4 sch 1 def “road” sub 1995 No. 58 s 4 sch 1 def “stock” amd 1995 No. 58 s 4 sch 1 def “stock route” sub 1995 No. 58 s 4 sch 1 def “travelling-stock rate” ins 1995 No. 58 s 4 sch 1 def “unallocated State land” ins 1995 No. 58 s 4 sch 1 def “vacant Crown land” om 1995 No. 58 s 4 sch 1 Class of plants or animals of category identiﬁed by letter and numeral etc. prov hdg ins 1995 No. 58 s 4 sch 1 s 6A prev s 6(2) renum 1995 No. 58 s 4 sch 1

132 Rural Lands Protection Act 1985 Meaning of plant or animal on land prov hdg ins 1995 No. 58 s 4 sch 1 s 6B prev s 6(3) renum 1995 No. 58 s 4 sch 1 Meaning of fence on boundary of land etc. prov hdg ins 1995 No. 58 s 4 sch 1 s 6C prev s 6(4) renum 1995 No. 58 s 4 sch 1 Application of declarations to plants or animals on land prov hdg ins 1995 No. 58 s 4 sch 1 s 6D prev s 6(5) renum 1995 No. 58 s 4 sch 1 Application to certain roads and reserves for travelling stock s 7 amd 1990 No. 67 s 6 Application to certain watercourses s 8 amd 1990 No. 67 s 7 Administration of Act s 9 om 1995 No. 58 s 4 sch 1 Appointment of executive director and other ofﬁcers and employees s 10 amd 1988 No. 52 s 44 sch 3; 1995 No. 58 s 4 sch 1 sub 1996 No. 37 s 147 sch 2 Powers and functions of executive director s 12 amd 1990 No. 67 s 8; 1995 No. 58 s 4 sch 1 Committees s 13 amd 1995 No. 58 s 4 sch 1 Delegation s 14 sub 1992 No. 64 s 3 sch 1 Travelling-stock rate s 16 sub 1995 No. 58 s 4 sch 1 Membership of Board ﬁrst constituted s 18 om 1995 No. 58 s 4 sch 1 Members of board s 19 amd 1992 No. 64 s 3 sch 1; 1995 No. 58 s 4 sch 1; 2000 No. 26 s 12 sch 1 Appointment of chairperson s 20 amd 1995 No. 58 s 4 sch 1 Term of appointment s 21 sub 1995 No. 58 s 4 sch 1 Vacating member’s ofﬁce s 23 amd 1995 No. 58 s 4 sch 1 Casual vacancy in member’s ofﬁce s 24 om 1995 No. 58 s 4 sch 1 Meetings s 26 amd 1995 No. 58 s 4 sch 1

133 Rural Lands Protection Act 1985 Regulations for conduct of board s 28 amd 1995 No. 58 s 4 sch 1 Change of name of primary producer organisation s 29 amd 1995 No. 58 s 4 sch 1 Substitution of other organisation s 30 amd 1995 No. 58 s 4 sch 1 Powers of protection board s 31 amd 1995 No. 58 s 4 sch 1 Membership of rabbit board s 35 amd 1995 No. 58 s 4 sch 1 Appointment and term of ofﬁce of members s 36 amd 1995 No. 58 s 4 sch 1; 2000 No. 44 s 42 sch Vacating member’s ofﬁce s 38 amd 1995 No. 58 s 4 sch 1 Casual vacancy in member’s ofﬁce s 39 amd 1995 No. 58 s 4 sch 1 Chairperson s 40 sub 1995 No. 58 s 4 sch 1 amd 2000 No. 44 s 42 sch Functions s 44 amd R1 (see RA s 39) Rabbit board is statutory body s 44A ins 1996 No. 54 s 9 sch Rabbit board may acquire land s 45 amd 1995 No. 58 s 4 sch 1 Rabbit control and other ofﬁcers s 47 sub 1995 No. 58 s 4 sch 1 amd 1996 No. 37 s 147 sch 2 Rabbit board staff s 48 sub 1995 No. 58 s 4 sch 1 amd 1996 No. 37 s 147 sch 2 Accounts and Audit s 49 om 1995 No. 58 s 4 sch 1 Reports s 50 om 1995 No. 58 s 4 sch 1 Restrictive employment provisions inapplicable to membership of board s 53 amd 1995 No. 58 s 4 sch 1 Allowances s 54 amd 1995 No. 58 s 4 sch 1

134 Rural Lands Protection Act 1985 Validity of proceedings s 56 om 1995 No. 58 s 4 sch 1 Powers and functions of local governments s 58 amd 1995 No. 58 s 4 sch 1; 1999 No. 29 s 50 sch Notiﬁcation in register s 60 amd 1992 No. 64 s 3 sch 1 Straying stock may be seized s 61 amd 1995 No. 58 s 4 sch 1; 1999 No. 29 s 50 sch Overstocking s 62 amd 1992 No. 64 s 3 sch 1 When powers etc. of local government to be performed by executive director s 66 amd 1995 No. 58 s 4 sch 1 Local authority may sue for and recover certain expenses s 67 amd 1993 No. 70 s 804 sch Classes of plants and animals may be declared s 69 amd 1992 No. 20 s 159 sch 2; 1995 No. 58 s 4 sch 1 Categories of declared plants and animals s 70 amd 1990 No. 67 s 9; 1995 No. 58 s 4 sch 1 List of declared plants and animals s 71 om 1995 No. 58 s 4 sch 1 Interpretation s 72 amd 1990 No. 67 s 10 Occupiers of private land to control declared plants and animals s 80 amd 1992 No. 64 s 3 sch 1 Failure to comply with direction s 82 amd 1992 No. 64 s 3 sch 1 Local government or executive director may carry out work and recover cost s 83 amd 1993 No. 70 s 804 sch Subdivision 5—Control of declared animals category A8 if plague exists or is likely sdiv hdg ins 1990 No. 67 s 11 Powers of executive director if plague exists or is likely s 85A ins 1990 No. 67 s 11 amd 1992 No. 20 s 159 sch 2 Natural enemies of declared plants and animals s 88 amd 1992 No. 64 s 3 sch 1; 1995 No. 58 s 4 sch 1 Prohibition of introduction of category P1 plants s 89 amd 1992 No. 64 s 3 sch 1 Person not to sell declared plant s 91 sub 1990 No. 67 s 12

135 Rural Lands Protection Act 1985 Sale of declared plants in certain circumstances s 91A ins 1995 No. 51 s 4 sch Prohibition of introduction of category A1 animals s 94 amd 1992 No. 64 s 3 sch 1 Restrictions on introduction of category A4 animals s 95 amd 1992 No. 64 s 3 sch 1 Delivery of declared animals into custody s 96 amd 1992 No. 64 s 3 sch 1 Prohibition on keeping and selling category A3 animals s 97 amd 1992 No. 64 s 3 sch 1 Restrictions on keeping and selling category A6 animals s 98 amd 1992 No. 64 s 3 sch 1 Liberating declared animals s 100 amd 1992 No. 64 s 3 sch 1 Power to search conveyances etc. s 102 amd 1992 No. 64 s 3 sch 1 Deﬁnitions s 104 sub 1995 No. 58 s 4 sch 1 State bound s 104A ins 1995 No. 58 s 4 sch 1 Occupiers of land to destroy extraordinarily noxious plants s 105 amd 1992 No. 64 s 3 sch 1 Failure to comply with direction s 107 amd 1992 No. 64 s 3 sch 1 Notiﬁcation in register s 113 amd 1992 No. 64 s 3 sch 1 Person not to remove earth etc. s 114 amd 1992 No. 64 s 3 sch 1 Power of inspector to search conveyances etc. s 118 amd 1992 No. 64 s 3 sch 1 PART 7—PLAGUE LOCUSTS pt hdg om 1990 No. 67 s 13(a) Division 1—Interpretation etc. div hdg om 1990 No. 67 s 13(a) Interpretation s 120 om 1990 No. 67 s 13(b) Areas in which part operates s 121 om 1990 No. 67 s 13(b)

136 Rural Lands Protection Act 1985 Division 2—Committees div hdg om 1990 No. 67 s 13(a) Committees s 122 om 1990 No. 67 s 13(b) Local authority to notify Executive Director s 123 om 1990 No. 67 s 13(b) Functions of Committee s 124 om 1990 No. 67 s 13(b) Validity of proceedings s 125 om 1990 No. 67 s 13(b) Division 3—Public Land div hdg om 1990 No. 67 s 13(a) Department to destroy plague locusts s 126 om 1990 No. 67 s 13(b) Inspection and advice s 127 om 1990 No. 67 s 13(b) Agreements s 128 om 1990 No. 67 s 13(b) Division 4—Municipal Land div hdg om 1990 No. 67 s 13(a) Local authority to destroy plague locusts s 129 om 1990 No. 67 s 13(b) Notice to comply may be served on local authority s 130 om 1990 No. 67 s 13(b) Powers of Committee on failure to comply with direction s 131 om 1990 No. 67 s 13(b) Division 5—Private Land div hdg om 1990 No. 67 s 13(a) Occupiers of private land to destroy plague locusts s 132 om 1990 No. 67 s 13(b) Notice to occupier or owner to destroy plague locusts s 133 om 1990 No. 67 s 13(b) Enforcement of notice s 134 om 1990 No. 67 s 13(b) Powers of owners and occupiers to destroy plague locusts s 135 om 1990 No. 67 s 13(b) Successors in title bound s 136 om 1990 No. 67 s 13(b)

137 Rural Lands Protection Act 1985 Division 6—Miscellaneous div hdg om 1990 No. 67 s 13(a) Minister may direct Committee to exercise power or discharge function s 137 om 1990 No. 67 s 13(b) When powers etc. of Committee to be performed by Executive Director s 138 om 1990 No. 67 s 13(b) Local authority may sue for and recover certain expenses s 139 om 1990 No. 67 s 13(b) Expenditure s 140 om 1990 No. 67 s 13(b) Power of entry s 141 om 1990 No. 67 s 13(b) Agreements s 148 amd 1995 No. 58 s 4 sch 1 Duty of occupier s 149 amd 1992 No. 64 s 3 sch 1 Failure to comply with direction s 151 amd 1992 No. 64 s 3 sch 1 Notiﬁcation in register s 176 amd 1992 No. 64 s 3 sch 1 Interpretation s 177 amd 1995 No. 58 s 4 sch 1 Establishment of districts and divisions s 178 amd 1995 No. 58 s 4 sch 1 Notation in register s 185 amd 1992 No. 64 s 3 sch 1; 2001 No. 71 s 551 sch 1 Assistance to persons ordered to establish a barrier fence s 188 amd 1992 No. 64 s 3 sch 1 Governor in Council may constitute owners a group s 202 amd 1995 No. 58 s 4 sch 1 Effect of regulation prov hdg amd 1995 No. 58 s 4 sch 1 s 203 amd 1992 No. 64 s 3 sch 1; 1995 No. 58 s 4 sch 1 Notiﬁcation in register s 204 amd 1992 No. 64 s 3 sch 1; 1995 No. 58 s 4 sch 1 Contribution from fund s 205 amd 1995 No. 58 s 4 sch 1 Provisions of this division do not apply in certain cases s 209 amd 1995 No. 58 s 4 sch 1

138 Rural Lands Protection Act 1985 Rural Lands Protection Fund s 210 sub 1999 No. 29 s 50 sch Precept s 211 amd 1995 No. 58 s 4 sch 1 Receipts s 212 amd 1995 No. 58 s 4 sch 1; 1999 No. 29 s 50 sch Expenditure general s 213 amd 1990 No. 67 s 14; 1999 No. 29 s 50 sch Local governments to transmit certain moneys to the department s 214 amd 1995 No. 58 s 4 sch 1; 1999 No. 29 s 50 sch Cessation of Funds s 215 om 1995 No. 58 s 4 sch 1 Protection of human health and life s 216 amd 1995 No. 58 s 4 sch 1 Authority to use poison, set traps etc. s 217 amd 1990 No. 67 s 15 Cyanide of potassium not to be used s 218 amd 1990 No. 67 s 16; 1992 No. 64 s 3 sch 1 Manner in which documents may be served s 220 amd 1993 No. 70 s 804 sch Evidentiary provisions s 222 amd 1990 No. 67 s 17; 1993 No. 70 s 804 sch General penalty s 225 amd 1992 No. 64 s 3 sch 1 Proceedings for offences s 226 amd 1990 No. 67 s 18 Continuing offences s 227 amd 1992 No. 64 s 3 sch 1 Regulation making power s 228 sub 1995 No. 58 s 4 sch 1 Regulations—general s 229 amd 1990 No. 67 s 19; 1995 No. 58 s 4 sch 1 Regulations—plague locusts s 230 om 1990 No. 67 s 20 Regulations—stock routes etc. s 231 amd 1995 No. 58 s 4 sch 1 Regulations—rabbits s 232 amd 1995 No. 58 s 4 sch 1

139 Rural Lands Protection Act 1985 Regulations—declared plants and declared animals s 233 amd 1995 No. 58 s 4 sch 1 General provisions as to regulations s 234 om 1995 No. 58 s 4 sch 1 Offences under regulations s 235 amd 1992 No. 64 s 3 sch 1 sub 1995 No. 58 s 4 sch 1 Destruction of straying dogs s 236 amd 1992 No. 20 s 159 sch 2; 1995 No. 58 s 4 sch 1 Registration of domestic dogs s 237 amd 1995 No. 58 s 4 sch 1 Certiﬁcate of appointment s 239 amd 1995 No. 58 s 4 sch 1 Name and address may be required s 242 amd 1990 No. 67 s 21 Obstruction etc. s 243 amd 1990 No. 67 s 22 PART 13—SAVINGS AND TRANSITIONAL PROVISIONS pt hdg om 1995 No. 58 s 4 sch 1 Approval of forms s 247 prev s 247 om 1995 No. 58 s 4 sch 1 pres s 247 ins 1995 No. 58 s 4 sch 1 Transitionally approved forms s 248 prev s 248 om 1995 No. 58 s 4 sch 1 pres s 248 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 see (s 248(3)) Permits granted pursuant to Rabbit Act s 249 om 1995 No. 58 s 4 sch 1 Rabbit Control Authority s 250 om 1995 No. 58 s 4 sch 1 Notices, etc., under Stock Routes and Rural Lands Protection Act s 251 om 1995 No. 58 s 4 sch 1 Permit granted pursuant to s. 28 of Stock Routes and Rural Lands Protection Act s 252 om 1995 No. 58 s 4 sch 1 Syndicates registered under The Stock Routes and Rural Lands Protection Act s 253 om 1995 No. 58 s 4 sch 1 Savings—general s 254 om 1995 No. 58 s 4 sch 1 Saving of certain agreements s 255 amd 1992 No. 64 s 3 sch 1 om 1995 No. 58 s 4 sch 1

140 Rural Lands Protection Act 1985 Plague Grasshopper Destruction Committees s 256 om 1995 No. 58 s 4 sch 1 Dissolution of Plague Locust Destruction Committees s 256A ins 1990 No. 67 s 23 om 1995 No. 58 s 4 sch 1 Acts Interpretation Act s 257 om 1995 No. 58 s 4 sch 1 SCHEDULE 1 om R1 (see RA s 40) © State of Queensland 2002