Rural Lands Protection Act 1989 Regulation relating to inspection charges and expenses in respect of declared pests (1995-242) [GG No 77 of 23.6.1995] (NSW)

1995—No. 242

RURAL LANDS PROTECTION ACT 1989—REGULATION

(Relating to inspection charges and expenses in respect of declared pests)

NEW SOUTH WALES

[Published in Gazette No. 77 of 23 June 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Rural Lands Protection Act 1989, has been pleased to make the Regulation set forth hereunder.

R. S. Amery

Minister for Agriculture.

Commencement

1. This Regulation commences on 7 June 1995*.

Amendment

2. The Rural Lands Protection Regulation 1990 is amended by

inserting after Part 7 the following Part:

PART 7A—PEST ANIMALS

Maximum amount payable as inspection charges

104A. For the purposes of section 138G (4) of the Act, the

maximum amount for an inspection charge payable to a board under

section 138G (3) is:

(a) if a minimum general rate is fixed by the board under section 53 (3) of the Act in respect of its district—an amount equal to the current minimum rate; or

(b) in other cases—$30.

* The regulation (statutory rule) appointed 7 June 1995 as the date of its commencement. Pursuant to section 39 (2A) of the Interpretation Act 1987, the regulation is not invalid merely because the regulation was published in the Gazette afier the day on which one or more of its provisions is or are expressed to take effect. but provides, in that case, for that or those provisions to take effect from the day on which the regulation is published in the Gazette, instead of from the earlier day.

1995—No. 242

Time for payment of inspection charges and expenses

104B. For the purposes of section 138H (3) of the Act, the

prescribed period is:

(a)	in the case of payment of an inspection charge specified in a notice under section 138G (3)—the period of 30 days after the notice is served; and
(b)	in the case of payment of the mount of a board’s expenses in taking measures or carrying out work under section 138G (5)— the period of 30 days after the board takes the measure or carries out the work.

Interest rate applicable to overdue inspection charges and expenses

104C. For the purposes of section 138H (3) of the Act, the sum of
the overdraft index rate of the Commonwealth Bank as at 1 January

each year and 2 percent is the prescribed rate per year for that year.

EXPLANATORY NOTE

The object of this Regulation is to prescribe:

• the maximum amount payable for charges relating to an inspection of land subject

to a control order relating to the control of pest animals; and

• the period within which payments for such inspection charges and certain expenses

are to be made; and

• the interest rate applicable for overdue payments for inspection charges and

expenses.

This Regulation is made under the Rural Lands Protection Act 1989, including

section 138H (3) and (4).