Rural Lands Protection Act 1989 Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998 (1998-462) [GG No 120 of 14.8.1998, p 6051] (NSW)

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1998 No 462

New South Wales

Rural Lands Protection Amendment

(Short Descriptions of Offences)

Regulation 1998

under the
Rural Lands Protection Act 1989

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Rural Lands Protection Act 1989.

RICHARD AMERY, M.P.,

Minister for Agriculture

Explanatory note

The object of this Regulation is to specify short descriptions for certain offences under the Rural Lands Protection Act 1989 to facilitate the issue of summonses, warrants and other legal processes.

This Regulation is made under the Rural Lands Protection Act 1989, including section 217 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902.

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

~~~

Published in Gazette No 120 of 14 August 1998, page 6051 Page 1

1998 No 462

Clause 1 Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998

Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998

1 Name of Regulation

This Regulation is the Rural Lands Protection Amendment (Short

Descriptions of Offences) Regulation 1998.

2 Commencement

This Regulation commences on 1 September 1998.

3 Amendment of Rural Lands Protection Regulation 1995

The Rural Lands Protection Regulation 1995 is amended as set out in Schedule 1.

The explanatory note does not form part of this Regulation.

1998 No 462

Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998

A m e n d m e n t s Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]       Clause 171 Persons and offences prescribed for purposes of the Act

Insert "but only if a penalty is specified in Column 3 of that Schedule in relation to the offence" after "that section" in clause 171 (a).

[2]         Schedule 10 Penalty notice offences and short descriptions

Insert in appropriate order in Part 1:

19 (11) Lodge false/misleading enrolment
application
29 (1) Fail to keep adequate accounting
records/records for accounts
29 (2) Fail to retain accounting records for
7 years
29 (3) Fail to keep accounting records in
English/accessible language
Fail to cause accounts to be made
Fail to ensure accounts audited
Fail to attach auditor's report to
accounts
30 (4) Fail to ensure accounts comply with
regulations
Fail to attach directors' statement to
accounts

1998 No 462

Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments
Fail to provide information to board
Fail to possess transported stock
statement
Fail to ensure stock as in transported
stock statement
Fail to ensure conditions/restrictions
of authority not breached
Fail to allow inspection and counting
of stock
Fail to produce authority for
inspection
Fail to allow inspection of stock/
authority
Fail to produce authority
Fail to comply with request of
occupier
Fail to ensure removal of stock from
reserve
Fail to display warning signs
Fail to remove warning signs
Fail to give way to stock
Fail to keep bitumen/made up road
surface free from stock
Make false/misleading statement in
application/transported stock
statement
123 Obstruct persons/stock in use of
stock watering place/water/pasture

1998 No 462

Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

131 (5) Administer prohibited substance to
noxious animal
132 (2) (a)
Shoot/poison/trap/noxious animal in /
in the vicinity of prohibited area
132 (2) (b)
Act to suppress/destroy noxious
animal in/near prohibited area
133 ( l )
Intentionally/recklessly carry/drive/
pass noxious animal through/under/
over fence/gate
Intentionally/recklessly/negligently
leave open gate
Intentionally/recklessly/negligently
destroy/damage gate
IntentionalIy/recklessly/negligently
interfere with fence/gate/soiI under
fence/gate
Damage/destroy/remove thing
Interfere with thing
animal through/under/over fence/gate/
Attempt to carry/drive/pass noxious
to liberate noxious animal/to leave
open gate/to destroy/damage any
tence/gate/to interfere with fence/
gate/soil under fence/gate/to destroy/
damage/remove thing/interfere with
thing

135 (4) Issue certificate that is false/
misleading
False claim for bonus already paid

1998 No 462

178 (a) (ii) Intentionally/recklessly/negligently
damage/interfere with fence of
travelling stock reserve
178 (a) (iii) Intentionally/recklessly/negligently
damage/interfere with fence on
boundary of holding
178 (b) Erect break against rabbit/dog/

marsupial proof fence/fence of travelling stock reserve/holding

Obstruct by-pass
Apply unauthorised firebrand/
freezebrand/ear tattoo to stock
186 (1) (b) Apply brand to incorrect part of
large animal stock
Apply earmark of incorrect
dimension/shape to cattle/deer
186 (2) (b) Apply registered earmark to incorrect
ear of cattle/deer
187 ( 3 ) Apply distinctive earmark to
incorrect ear of cattle/deer
189 (1) Fail to ensure unregistered earmark
not applied to small stock
192 (1) (a) Apply smaller than specified
firebrand/colour brand to small stock
192 (1) (b) Apply registered brand to wrong part
of small stock
192 (3 ) (a) Apply earmark of incorrect type to
small stock
192 ( 3 ) (b) Apply registered earmark to wrong
ear of small stock

1998 No 462

Rural Lands Protection Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1
202 (4) Fail to permit person to attend
muster
208 (I) Fail to provide information
208 (3) Provide false/misleading information
in return/document
208 (5) Forge/alter/make improper use of
transported stock statement/permit/
licence authority/document
Obstruct/hinder/delay authorised/
prescribed officer/authorised person/
person assisting
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