Rural Lands Protection Act 1989 Rural Lands Protection Regulation 1990 (1990-335) [GG No 76 of 15.6.1990] (NSW)
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RURAL LANDS PROTECTION ACT 1989 - REGULATION
(Rural Lands Protection Regulation 1990)
NEW SOUTH WALES
[Published in Gazette No. 76 of 15 June 1990]
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.
IAN ARMSTRONG
Minister for Agriculture and Rural Affairs.
PART 1 - PRELIMINARY
Citation
1. This Regulation may be cited as the Rural Lands Protection Regulation 1990.
Commencement
2. This Regulation commences on 1 July 1990.
Definitions
3. (1) In this Regulation:
"caretaker" means a caretaker appointed by the controlling authority
of a stock watering place;
"character" includes a letter, conjoined letters, a numeral and a sign;
"director" means a director of a board;
"local lands office", in relation to land, means the office for the
local land board of the land district concerned;
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"manager" means the manager or acting manager of a local lands
office;
"record" includes book, account, deed, writing, document and any
other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means;
"roll of voters" means the roll of voters for a district or, when a district is divided into divisions, the roll of voters for the division;
"secretary" means the secretary of a board;
"the Act" means the Rural Lands Protection Act 1989.(2) A reference in this Regulation to a Form followed by a number is a reference to the Form of that number contained in Schedule 1.
PART 2 - RURAL LANDS PROTECTION DISTRICTS AND
BOARDS
Division 1 - Elections
Polling day
4. In this Division:
"candidate", in relation to a board, means a candidate for election as
a director of the board;
"election" means:
(a) a general election of directors of a board to be held under section 14 (1) of the Act; or (b) an election to be held under section 15 of the Act to fill a casual vacancy in the office of a director of a board; or (c) an election of directors of a board to be held under section 14 (5) of the Act;
"polling day" means the day fixed for the holding of a general
election, an election to fill a casual vacancy or an election under
section 14 (5) of the Act;
"returning officer" means the returning officer for an election.
Returning officer
5. (1) Subject to this clause, the secretary of a board is to be the returning officer for an election of directors, or a director, of that board.
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(2) The Minister must appoint a person to be the returning officer for an election if:
(a) no person holds office as secretary of that board or the person holding office as secretary is absent or is temporarily suspended from office; or (b) the Minister, in accordance with section 14 (5) of the Act, directs that the election be held.
(3) If a returning officer is unable to carry out his or her duties on polling day, the chairperson of the board concerned may appoint a person to act as returning officer in his or her place.
(4) A person so appointed has, while so acting, all the functions of the returning officer.
(5) The returning officer for an election may appoint a person to be poll clerk to assist in the conduct of the election.
Closing day for nominations and notice of election etc.
6. As soon as practicable after notifying the polling day and not less than 50 days before that day, the returning officer must:
(a)
fix a day, being a day at least 35 days before the polling day, as the closing day for nominations of candidates; and
(b) give notice of:
(i) the election, specifying whether it is a general election, an election to fill a casual vacancy or an election to be held under section 14 (5) of the Act; and
(ii) the polling day; and
(iii) the number of directors required to be elected; and
(iv) the place at which written nominations of candidates for election are to be lodged; and
(v) the closing day for nominations of candidates,
by advertisement in at least one newspaper circulating in the
district.
Nomination of candidates
7. (1) A candidate for a district or division of a district must be nominated in writing by not less than 3 persons each of whom is, on the day of nomination, enrolled to vote for the district or for the division
of the district, in respect of which the election is to be held.
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(2) A person nominated as a candidate must endorse his or her consent to nomination on the nomination paper provided by the board concerned.
(3) A nomination paper is invalid unless it:
(a) complies with subclause (2); and
(b) is delivered to the office of the board at or before 4 p.m. on the closing day for nominations. (4) An employee of a board is not eligible to be nominated as a director of that board.
Proceedings after close of nominations
8. (1) If, at the closing day for the nomination of candidates at an election, the number of persons duly nominated is less than or equal to the number of directors to be elected, the returning officer must immediately declare each of the candidates to be elected as a director.
(2) If, at the closing day for the nomination of candidates at an election, the number of persons that. have been duly nominated is greater than the number of directors to be elected, the returning officer must:
(a)
immediately fix a day, being a day at least 20 days before the polling day, as the closing day for lodging completed special enrolment applications; and
(b) as soon as practicable after that closing day, give notice of:
(i) the election, specifying whether it is a general election, an election to fill a casual vacancy or an election under section 14 (5) of the Act; and
(ii) the date of the polling day; and
(iii) the number of directors required to be elected; and
(iv) the names of the persons nominated as candidates and, if the district is divided into divisions, the division in respect of which each candidate is nominated; and
(v) the glace at which special enrolment applications are to be lodged; and
(vi) the closing day for lodging completed special enrolment applications,
by advertisement in at least one newspaper circulating in the
district in respect of which the election is to be held.
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Death of candidate or withdrawal of consent to nomination
9. (1) If, on the closing day for lodging special enrolment applications, the number of candidates nominated for election has been reduced, either by death or withdrawal of consent to nomination, to a number less than or equal to the number of directors to be elected, the returning officer must declare each of the remaining candidates to be elected as a director.
(2) If, on the closing day for lodging special enrolment applications, the number of candidates nominated for election has not been reduced by death or withdrawal of consent to nomination to a number less than or equal to the number of directors to be elected, a poll must be taken to determine which of the candidates is or are to be elected.
(3) For the purposes of subclause (1), a candidate for election may withdraw his or her consent to nomination by delivering to the returning officer a notice to that effect, signed by the candidate.
Roll of voters to be kept at board’s principal place of administration
10. (1) A board must keep its roll of voters at its principal place of
administration.(2) Any person who wishes to do so is, subject to subclause (3), entitled to inspect a board’s roll of voters at any time during which the board’s principal place of administration is open for business.
(3) Either the secretary of the board concerned or the returning officer may, for a period not exceeding 48 hours, close a board’s roll of voters for inspection:
(a) when the roll is being brought up-to-date; or
(b)
when the roll is eing used to prepare and dispatch ballot-papers; or
(c)
when the roll is being used to prepare a copy for use in connection with an election.
Polling at an election
11. The poll for an election must be held in the following manner:
(a)
the returning officer must immediately after the closing day for lodging completed special enrolment applications deliver or send by post to every person entitled to vote at the election a
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printed or hand-written, or partly printed and partly
hand-written, ballot-paper;
(b)
every ballot-paper must be in accordance with Form 1 and must contain the full names and addresses of all the candidates for election, and be signed or initialled by the returning officer before being issued to the elector;
(c) a ballot-paper must be accompanied:
(i)
by an envelope addressed to the returning officer at the principal place of administration of the board concerned and endorsed with the words "[name of that board] Rural Lands Protection Board Ballot-paper, Division [name of the division]" and on which appear the words, legibly
printed or written in a prominent position, "Voter to sign
here ....................."; and
Voter to print name here .................."; and(ii) by another envelope endorsed with the words "[name of the board concerned] Rural Lands Protection Board Ballot-paper, Division [name of the division ]";
(d)
the elector must place a cross before the name of each candidate for whom the elector wishes to vote, but so that the number of such candidates is not greater or less than the number of directors to be elected at the election, and also sign and print his or her name in the space provided on the envelope referred to in paragraph (c) (i);
(e) the elector must then:
(i) place the ballot-paper in the envelope referred to in paragraph (c) (ii) and enclose that envelope in the envelope referred to in paragraph (c) (i); and
(ii) send, by post or other means, or deliver the ballot-paper so enclosed to the returning officer so that the returning officer will receive the ballot-paper not later than the polling day;
(f)
when the returning officer receives an envelope containing a ballot-paper, he or she must immediately deposit the envelope unopened in the ballot-box provided for the purpose;
(g)
if a voter to whom a ballot-paper has been posted or delivered satisfies the returning officer that:
(i)
the voter has spoilt, lost or destroyed the ballot-paper, or it has been mislaid; and
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(ii) the voter has not already voted at the election,
the returning officer may, at any time before the closing of the
poll, issue a duplicate ballot-paper to the voter;
(h) if the returning officer issues a duplicate ballot-paper under paragraph (g), the returning officer must keep a record of the duplicate ballot-paper; (i) if a voter to whom a ballot-paper has been delivered or posted is unable to read or write because of blindness and signifies the fact to the returning officer at any time before the closing of the poll, the returning officer must, at the request of the voter and for the voter in the presence of the poll clerk (if any) and of such of the scrutineers as are present or some other responsible person, mark the voter’s ballot-paper as the voter directs;
(j)
where paragraph (h) applies, the voter must personally seal down and post or place in the ballot-box the ballot-paper so marked;
(k)
the returning officer must keep a record of all votes recorded in accordance with paragraph (i);
(l)
if a voter to whom a ballot-paper is delivered or posted cannot write or cannot write the characters of the English language, the voter’s mark must be attested by a justice of the peace or the returning officer.
Ballot-box to be provided
12. Whenever a returning officer is presiding over an election, the returning officer:
(a)
must provide a locked ballot-box with an opening capable of receiving the ballot-papers; and
(b) must retain the key; and
(c)
is responsible for the safe custody of the ballot-box until the close of the election.
Appointment of scrutineers
13. Each candidate may, in writing, appoint one person to be
scrutineer at the place at which the ballot-papers are to be counted.
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Scrutiny of ballot-papers, counting of votes etc.
14. (1) As soon as practicable after the polling day, the returning officer must, in the presence of the poll clerk (if any) and of any scrutineers that are present, open the ballot-box or boxes.
(2) The returning officer must not leave the place where the ballot-papers are being examined until after the declaration of the poll unless the ballot-papers, and all other papers and envelopes connected with the election, are securely locked in a secure container which has been sealed up by the returning officer in the presence of witnesses.
(3) After the ballot-boxes have been opened, with the assistance of the poll clerk (if any), the returning officer must do the following:
(a) count the envelopes unopened and record the number counted; (b)
in respect of each envelope bearing a voter’s signature, mark the voter’s name on a copy of the roll of voters by drawing a line through that name;
(c)
examine the envelope and, if it has not been signed, or if the signature and name printed on the envelope are not in order:
(i) reject the ballot-paper; and (ii) mark the envelope "informal"; and (iii) keep separate all envelopes so marked; (d)
open the envelopes which have not been marked "informal", take from them the sealed envelope endorsed "[name of the board concerned] Rural Lands Protection Board Ballot-paper, Division [name of the division]", and without opening those envelopes and ensuring that no other person does so, put them aside for further scrutiny,
(e)
when all the envelopes have been dealt with in this manner, open the sealed envelopes put aside for further scrutiny and:
(i) remove the ballot-papers; and (ii) scrutinise the ballot-papers; and (iii)
reject such of the ballot-papers as the returning officer finds to be informal;
(f)
count the number of formal votes recorded for each candidate, and make out a written statement, signed by the returning offices and countersigned by any scrutineers who are present and consent to sign, containing the number in words as well as figures, of the votes for each candidate;
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(g) as soon as practicable after the counting of the ballot-papers is completed, openly declare the numbers for each of the candidates, and, at the same time and place, declare the name or names of the candidate or candidates elected and then certify in writing the name or names of the candidate or candidates declared to be elected and the date of the declaration of the results of the election.
(4) The returning officer must forward the certificate in writing required by this clause to the chairperson of the board concerned.
List of voters
15. At the time of opening a ballot-box, the returning officer must produce for the information of the scrutineers an alphabetical list, signed by the returning officer, of all voters to whom ballot-papers have been delivered or posted.
Informal ballot-papers
16. At the scrutiny of the ballot-papers, the returning officer must reject as informal every ballot-paper which:
(a) does not comply with clause 11; or
(b) is manifestly irregular; or
(c)
has crosses opposite the names of a greater or lesser number of candidates than the number required to be elected; or
(d)
is so inadequately Completed that the intention of the voter cannot be ascertained with certainty.
Decision by lot where votes are equal
17. (1) If the number of votes for 2 or more candidates is found to be equal, the returning officer must, in the presence of the poll clerk (if any) and of such scrutineers as may be present, decide by lot which of the candidates is to be elected.
(2) If no poll clerk or scrutineer is present the decision referred to in subclause (1) must be made by the returning officer in the presence of some other responsible person.
Result of election to be notified
18. A returning officer who declares the result of an election in accordance with this Division must cause notice of the result to be
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published in at least one newspaper circulating in the district in respect
of which the election has been held.
Sealing and transmission of ballot-papers
19. As soon as practicable after the declaration of the result of an election, the returning officer must:
(a)
make up in one packet all the ballot-papers, and all envelopes (including those marked "informal"), together with the alphabetical list of voters signed by the returning officer; and
(b)
securely fasten and seal up the packet and permit the scrutineers present to seal the packet (if they so desire); and
(c)
endorse on the packet, when sealed, a description of the contents and the name of the district concerned and the date of closing the poll; and
(d) sign the endorsement with his or her name; and
(e)
forward the sealed packet to the chairperson of the board concerned, who must keep that packet in a place of safe custody until the conclusion of the next general election of directors for that board.
Offences
20. (1) A person who votes more than once at the same election is, unless the person is qualified to vote in more than one division and votes in each of those divisions only once, guilty of an offence.
Maximum penalty: 10 penalty units.
(2) A person who makes use of any ballot-paper delivered or posted
to another person is guilty of an offence.
Maximum penalty: 10 penalty units.
(3) A person who allows his or her ballot-paper to be used byanother person is guilty of an offence. Maximum penalty: 10 penalty units. (4) If a returning officer or any scrutineer in the discharge of his or
her duties under this Regulation at or concerning an election finds out the name of the candidate for whom any voter has voted at the election, he or she must not, by word or act or any other means whatever, directly or indirectly divulge or help any other person to
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discover that information, except in answer to some question which the
returning officer or scrutineer is legally bound to answer.
Maximum penalty: 10 penalty units.
(5) A scrutineer who:(a) makes a mark on a list of voters used at an election; or
(b)
makes a note or record, so that he or she can identify the candidate for whom any voter has voted at an election,
is guilty of an offence.
Maximum penalty: 10 penalty units.
Polling day for an election to fill a casual vacancy
21. (1) Whenever a vacancy occurs in the office of director of a board, the returning officer must, subject to clause 22, fix a day within the period specified in section 15 of the Act on which a poll is to be taken in connection with an election to fill the vacancy.
(2) The returning officer must give notice of the day for holding the poll in connection with the election to fill such a vacancy by publishing an advertisement in at least one newspaper circulating in the district in respect of which the election is to be held.
Excluded closing days for nominations of candidates and enrolment
22. For the purposes of section 16 (2) (b) of the Act, none of the days in January of each year is a day which may be fixed as the closing day for nominations of candidates or for lodging special enrolment applications.
Election of chairperson
23. If, at any meeting of a board for the election of the chairperson or deputy chairperson, the number of votes for each of the directors nominated for election is equal, the question as to which of the nominated directors is to be the chairperson or deputy chairperson, as the case may be, is to be decided by lot.
Administrator to hold general election of directors when directed to do so
24. For the purposes of section 43 (3) of the Act, the prescribed period is 1 month.
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Division 2 - Proceedings of a board
Common seal
25. (1) The seal of a board must include the inscription "The Seal of the [name of the board concerned] Rural Lands Protection Board".
(2) A person is authorised to affix a board’s seal to any document only in accordance with a resolution of the board.
Proceedings of a board
26. (1) The person presiding at a meeting of a board:
(a)
must ensure that the minutes of the previous meeting of the board (if any) are confirmed by the board; and
(b) must sign those minutes.
(2) If a person presiding at a meeting of a board fails without
reasonable excuse to comply with subclause (1), the person is guilty of
an offence.
Maximum penalty: 2 penalty units.
(3) All questions and other matters brought before any meeting of
a board are to be determined by the vote of the majority of the
directors present at the meeting.
Power to appoint employees
27. For the purpose of section 24 (1) of the Act, a board may employ persons in any of the following capacities:
(a) labourers;
(b) clerks;
(c) computer operators;
(d) stenographers;
(e) typists;
(f) office assistants;
(g) trappers;
(h) cleaners;
(i) motor mechanics.
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Division 3 - Accounts etc.
Accounts of receipts and expenditure etc.
28. (1) Every board must ensure that the account of the board’s income and expenditure to be prepared in accordance with section 30 of the Act, in relation to:
(a) the rural lands protection fund (section 31 of the Act); or
(b) the wild dog fund (section 32 of the Act); or
(c) the reserves improvement fund (section 33 of the Act); or
(d) the stock watering places fund (section 34 of the Act); or(e) the noxious insects fund (section 35 of the Act),
of the board or any fund established in accordance with section 36 of
the Act, is in a form approved by the Minister.(2) In addition to the income and expenditure account, every board must cause a reconciliation statement to be prepared, which must be in a form approved by the Minister.
(3) The secretary of a board must, at the close of each month, prepare financial statements, in a form approved by the Minister, showing the position of:
(a)
the board’s rural lands protection fund and the board’s reserves improvement fund; and
(b)
where appropriate - the board’s stock watering places fund and any other fund that the board is required by the Act to maintain.
Amounts payable out of a board’s rural lands protection fund
29. For the purpose of section 31 (3) (e) (i) of the Act, the prescribed amount is the higher of the following:
(a) $1,000;
(b)
an amount equal to 1 per cent of the amount payable to the board as general rates for the financial year concerned.
Appointment etc. of auditors
30. (1) A person appointed as an auditor of a board holds office as such until the conclusion of the next general election of directors for that board, unless the person has previously ceased to hold that office as provided by subclause (3).
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(2) The appointment of a person as an auditor of a board may be renewed from time to time.
(3) A person appointed as an auditor of a board ceases to hold office
on death or on removal or resignation from office in accordance with
this clause or on ceasing to be qualified to be an auditor of a board.
(4) If a vacancy occurs in the office of auditor of a board and there
is no surviving or continuing auditor of the board, the board must,within 1 month after the vacancy occurred, appoint at least one
qualified person to fill the vacancy.
(5) A board may, by resolution, remove an auditor of the board from office only on the ground that the auditor has failed to comply with a requirement or duty imposed on auditors by section 39 of the Act or clause 31 of this Regulation.
(6) A resolution under subclause (5) does not take effect until approved by the Minister.
(7) An auditor of a board may, by notice in writing given to the board, resign as auditor of the board.
Duties of auditors
31. (1) In addition to the duties specified in section 39 of the Act, an auditor of a board must, in auditing the accounts of the board:
(a) verify that the approval of the Minister has been given, in all cases where the Act requires that such an approval be given, to any expenditure or action concerning the accounts of the board; and (b) verify that all absences from duty of the board’s employees are properly recorded and that the appropriate leave of absence has been granted in accordance with the terms of the law or award under which the entitlement to leave is prescribed; and (c) report to the board on the matters specified in the form provided by the Minister and include in the report any matters other than those so specified which in the judgment of the auditor call for special mention. (2) The report referred to in subclause (1) (c) must be in triplicate and each copy must have annexed to it, duly certified:
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(a)
a copy of the statement of accounts prepared in accordance with section 30 of the Act; and
(b)
a copy of the reconciliation statement prepared in accordance with clause 28 (2) of this Regulation.
Interest rate on outstanding payments
32. (1) For the purposes of section 49 (1) of the Act:
(a) the prescribed rate of interest payable is 21 per cent per year; and (b) the prescribed period is 60 days from the date on which the outstanding amount first became payable.
(2) Interest is chargeable under section 49 (1) of the Act only in respect of whole months occurring during the period beginning with the day after the expiry of the 60 days referred to in subclause (1) and ending with the date (if any) on which the outstanding amount is paid.
Division 4 - Matters pertaining to prescribed officers etc.
Definition
33. In this Division, "prescribed officer" means a prescribed officer within the meaning of section 88, 90 or 92 of the Act.
Duties of prescribed officers
34. (1) In addition to those functions imposed or conferred on a prescribed officer by the Act, a prescribed officer appointed by a board must:
(a)
receive any properly completed application made to the officer for a transported stock statement or walking stock permit; and
(b) if appropriate:
(i) calculate the distance involved in the journey specified insuch an application; and
(ii) calculate and collect the fees payable for transported stock statements and walking stock permits issued by the officer; and
(c)
prepare walking stock permits, sign the permits as a prescribed officer and issue the permits to the applicants; and
(d)
forward to the board concerned, in accordance with the directions of the board, copies of all completed transported
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stock statements and walking stock permits issued by the
prescribed officer; and
(e)
pay to the secretary of the board concerned in accordance with the directions of the board all fees received by the officer for transported stock statements and walking stock permits; and
(f)
transmit to the board concerned all used books of transported stock statements and walking stock permits issued by the officer.
(2) A prescribed officer must:
(a) if requested to do so, produce for inspection by any person authorised by the board for the purpose, or by any member of the Police Force, any document issued to or used by the officer in connection with the officer’s functions that has not yet been forwarded to the board that employs the officer; and (b) promptly answer any written or oral question directed to the officer by the board, a person authorised by a board for that purpose or a member of the Police Force, in connection with the officer’s functions as a prescribed officer. (3) Any prescribed officer who, without reasonable excuse, fails to comply with subclause (2) is guilty of an offence.
Maximum penalty: 2 penalty units.
Obligation of prescribed officer on ceasing to be a prescribed officer 35. (1) A person who is no longer a prescribed officer:
(a)
must not perform any of the functions of a prescribed officer; and
(b)
must forward to the board concerned in accordance with the directions of that board:
(i)
all money received or collected by the person that has not been forwarded to a board and, if so specified in those directions, a written summary setting out the nature of the money received or collected; and
(ii)
all documents issued by the board that are still in the person’s possession.
(2) A person who contravenes this clause is guilty of an offence.
Maximum penalty: 2 penalty units.
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Commissions payable to permit officers
36. (1) The commission that a board is authorised to pay to a permit officer is 5 per cent of the amount that the permit officer has collected in respect of each walking stock permit issued by the officer, but no more than $2 is payable to the officer in respect of any one permit.
(2) Commission payable under this clause is not payable to an employee of a board.
No remuneration to be paid for transported stock statement
37. No remuneration is payable to a permit officer for the issue of a transported stock statement.
PART 3 - RATES
Other stock types
38. For the purposes of the definition of “stock” in section 3 (1) of the Act, deer are prescribed stock in relation to the operation of the provisions of Part 4 of the Act.
Making and levying of sates
39. (1) For the purposes of section 53 (2) of the Act, the prescribed date is 31 March in each year.
(2) For the purposes of section 53 (5) of the Act, the prescribed period is 3 months.
(3) Rate notices under section 53 of the Act may be served in any of the ways prescribed by section 215 of the Act.
Minimum stock unit equivalents
40. For the purposes of section 53 (1) of the Act, the following numbers of stock unit equivalents are prescribed for the districts specified below:
District Number of stock
unit equivalents
Moree ..................................................... 150
Warialda ................................................. 100
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Returns of land and stock
41. (1) For the purposes of section 57 (1) (c) of the Act, tail tags and pig brands are a prescribed means of identifying stock.
(2) For the purposes of section 57 (2) of the Act:
(a) the prescribed date is 31 August in each year; and
(b)
the matters prescribed in relation to a person who occupies land within the district concerned are:
(i) the full name of the occupier; and (ii)
the full address and telephone number (if any) of the occupier; and
(iii)
the address of the land concerned, if different from the address referred to in subparagraph (ii); and
(iv) the relevant rate assessment number; and (v) a description of the land concerned, including:
•
the portion number or lot and deposited plan number; and
•
the names of the parish and county where that land is situated; and
• the area of that land; and
• the zoning classification of that land for the purposes of the Environmental Planning and Assessment Act 1979; and (vi) if there are several occupiers of the land - the name of the occupier nominated for entry in the board’s roll of voters; and
(vii) the number of each category of stock (for example, horses or cattle) kept on the land or agisted by the occupier elsewhere; and
(viii) whether or not there is a feedlot or piggery on the land; and
(ix) brand
and earmark designs of which the occupier of the land concerned is the registered proprietor; and
(x) tail tag numbers and pig brand numbers allocated to the occupier of the land concerned and recorded by the district registrar; and
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(c)
the matters prescribed in relation to a person who does not occupy land within the district concerned but who owns stock kept within that district are:
(i)
the number of each category of stock (for example, horses or cattle) kept by the person within that district; and
(ii)
brand and earmark designs of which the person is the registered proprietor and which are recorded in the register kept by the district registrar; and
(iii)
tail tag numbers and pig brand numbers allocated to the person and recorded by the district registrar; and
(d)
the matters prescribed in relation to a person who is neither the occupier of land within the district concerned nor the owner of stock kept within the district but who is the proprietor of a brand or earmark design, or other prescribed means of identifying stock, registered by the district registrar are:
(i)
brand and earmark designs of which the person is the registered proprietor and which are recorded in the register kept by the district registrar; and
(ii)
tail tag numbers and pig brand numbers allocated to the person and recorded by the district registrar.
Notice to owner for information in respect of land and stock
42. (1) For the purposes of section 58 of the Act:
(a) the manner in which a board may require information concerning land or stock to be provided to it is by the service on the owner or occupier of the land or owner of the stock, as the case requires, of a written notice containing the particulars specified in subclause (2); and (b) the period within which a person served with such a notice must provide the information required by the board is 14 days following the service of the notice; and (c) the manner in which a person must provide the information is by delivering or causing to be delivered to the board’s principal place of administration a document containing the information and signed by the owner or occupier concerned. (2) A notice purporting to be issued by a board in accordance with section 58 of the Act is not valid unless it:
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(a) states that it is issued under that section; and
(b)
is addressed to the owner or occupier of the land, or the owner of stock, from whom the board requires the information and specifies the address of the person’s last known place of residence or business; and
(c) gives precise details as to what information is required; and
(d) states the reason why the information is required; and
(e)
states the period and manner within which the required information must be provided; and
(f) quotes the provisions of section 58 (1) of the Act; and
(g) is signed by the chairperson or secretary of the board and shows the date on which the signature was written. Appeal to local land board against determination of carrying capacity 43. (1) For the purposes of section 61 (5) of the Act:
(a)
the manner for making an appeal under section 61 (3) or (4) of the Act is by lodging a notice of appeal in accordance with a form approved by the Minister:
(i)
except as provided by subparagraph (ii) - at the local lands office; or
(ii)
if the land, or the greater part of the land, is within the Western Division - at the office of the Western Lands Commissioner in Sydney; and
(b) the prescribed fee is $50.
(2) A copy of the notice of appeal referred to in subclause (1) mustbe served on the board for the district within which the land concerned is located not later than the day on which the notice of appeal is lodged.
(3) The chairperson of the local land board to which an appeal is made under section 61 (3) or (4) of the Act must give to both the appellant and the board for the district within which the land concerned is located not less than 7 days’ notice of the time fixed by the local land board for the hearing of the appeal.
Notification of changes in occupancy of ratable land
44. The notice to be given under section 65 (1) of the Act must be
in accordance with Form 2 or with a form that has a similar effect and
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be sent by post or given to the secretary of the board for the district
within which the land concerned is located.
Recording of notification of changes in occupancy
45. On receiving a notice to the effect that the occupancy of particular ratable land has changed, the secretary of the board concerned must ensure that the particulars contained in the notice are entered in the rate record against the entry relating to the holding to which the notice refers.
Property search inquiries
46. (1) For the purposes of section 66 of the Act, the fee for an
application for a certificate under subsection (3) of that section is $20.
(2) If the applicant indicates on the application form that a search
is also to be made under the Stock Diseases Act 1923 or the Stock
(Chemical Residues) Act 1975, and pays a fee of $35 instead of the
amount prescribed in subclause (1), a board must also provide detailsof any current orders issued in respect of the land under those Acts.
Appeal against validity of rate
47. For the purposes of section 67 (2) of the Act:
(a) the prescribed court is the District Court; and
(b)
the prescribed manner of objecting to the validity of a rate is by making an application for the determination of the objection in accordance with the rules of the District Court; and
(c)
the prescribed fee is the fee for the time being prescribed by the District Court (Fees) Regulations for the filing of a notice of appeal.
Increase of overdue rate
48. For the purposes of section 68 (1) of the Act, the prescribed rate
per cent per year in respect of overdue rates is 21 per cent per year.
Rate record
49. (1) For the purposes of section 74 (1) of the Act:
(a)
the prescribed manner for keeping a rate record is by keeping it:
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(i) in a book containing fixed or loose leaves; or
(ii) as a series of cards; or
(iii) as computerised records; and
(b) the particulars to be kept in a rate record are:
(i) particulars of each parcel of land that is ratable and of the occupier or owner of the land; and (ii) particulars of the amounts of general and animal health rates levied in respect of each such parcel and of the dates on which the relevant rate notices were served; and (iii) particulars of amounts of rates paid (including dates of payment), and of the amount of rates remaining outstanding, in respect of each such parcel. (2) The entries in a board’s rate record must be kept either in the series for the board’s district as a whole or, where the district is divided into divisions, in a separate series for each of those divisions.
Minimum area of ratable land
50. For the purposes of the definition of “ratable land” in section 3 (1) of the Act, the areas set out in Schedule 2 are prescribed in relation to the districts set out in that Schedule.
Collection etc. of meat industry levies by boards
51. A board must, on or before 14 June and 14 September in each year, forward to the Meat Industry Authority the amount of any meat industry levies held by the board, less the amount of commission that the Authority has allowed to the board.
Purposes for which information provided under section 57 or 58 of the
Act may be used52. In addition to the purposes specified in section 59 of the Act, the information supplied to a board under section 57 or 58 of the Act may be used for the purposes of:
(a)
ascertaining whether a person supplying the information wishes to continue the registration of any brand or earmark design, or other means of registration, of which the person is the registered proprietor; and
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(b)
facilitating the verification or amendment of the board’s roll of voters.
PART 4 - TRAVELLING STOCK RESERVES AND TRAWLLING
STOCK
Division 1 - General management of travelling stock reserves
Prescribed activities for the purposes of section 86 of the Act
53. (1) For the purposes of section 86 of the Act, the following recreational activities are prescribed:
(a) walking;
(b) horseriding;
(c) picnicking;
(d) fishing;
(e) swimming;
(f) pedal cycling.(2) However, an activity specified in subclause (1) is not a prescribed
activity in relation to:
(a)
a travelling stock reserve that is under the control of the Western Lands Commissioner; or
(b)
any travelling stock reserve or part of such a reserve that is used for an activity authorised under section 86 (3) of the Act if the conditions or restrictions of the authority prohibit the use of the reserve or part for an activity first-mentioned in this subclause while the authority remains in force; or
(c) any stock watering place in the Western Division.
Offences on reserves
54. (1) A person must not, except in accordance with a permit, licence or other authority issued under Part 6 of the Act by or on behalf of the board which has control of a travelling stock reserve or with the consent in writing of that board:
(a) be on the reserve between sunset and sunrise; or
(b)
light a fire on the reserve except at a site designated for the purpose by the board; or
(c)
except as provided by the Act, remove or cause to be removed from the reserve any water, soil, timber or other material; or
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(d)
without reasonable excuse, interfere with any fence, gate, structure, work, machinery, appliance, article or other thing on the reserve; or
(e)
divert or in any way interfere with the natural flow of water on the reserve; or
(f) swim or bathe in any water tank or dam on the reserve; or (g)
cause or permit any large stock to be yarded in any sheep yard located on the reserve.
(2) A person must not:
(a) cause any nuisance or annoyance to any member of the public who is lawfully on a travelling stock reserve; or (b) without reasonable excuse, interfere with any stock or any beehives that are lawfully on such a reserve. (3) A person who is on a travelling. stock reserve in contravention of section 85 of the Act, or who is contravening this clause, must not refuse to comply with any lawful direction to leave the reserve given by a director of a board, or by an employee of a board authorised by the board to give directions for the purpose of this subclause.
(4) A person must not refuse to comply with a lawful direction given by a director or employee referred to in subclause (3) to refrain from causing a nuisance or annoyance to any member of the public who is lawfully on a travelling stock reserve or to any stock or beehives that are lawfully on such a reserve.
(5) A person who contravenes a provision of this clause is guilty of an offence.
Maximum penalty: 5 penalty units.
(6) If a person refuses to comply with a direction referred to in subclause (3) or (4), the director or employee concerned may use force (but no more than necessary in the circumstances) to remove the person from the reserve.
Authorised use of reserves
55. (1) Any person who, or any group of persons that, wishes to obtain an authority under section 86 (3) of the Act to use a travelling stock reserve or part of such a reserve for an activity (other than an activity referred to in section 86 (1) of the Act or prescribed by the regulations for the purposes of section 86 (1) of the Act) may make an
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application in writing to the board for the district in which the reserve
is located.(2) On receiving an application made in accordance with subclause (1), the board may, if it has specified and approved the use of the travelling stock reserve or the part of that reserve to which the application relates for the activity specified in the application, issue an authority as provided by section 86 (3) of the Act.
(3) When issuing an authority under section 86 (3) of the Act, a board may impose such conditions and restrictions as it considers appropriate, including:
(a) conditions or restrictions as to the time or times at which the reserve or part of the reserve concerned may be used for the activity specified in the authority; and (b) conditions as to any insurance required to be effected, or bond required to be provided, with respect to the use of the reserve or part of the reserve for that activity.
(4) A board may impose a fee, not exceeding $25, for the issue of such an authority.
(5) If such an authority is subject to a condition or restriction imposed under subclause (3), the board that issued the authority, or a director of that board or an employee of that board authorised to exercise the power conferred by this subclause, may revoke the authority on being satisfied that the condition or restriction is being or has been contravened.
(6) A person (including a member of a group of persons) claiming to hold an authority issued under section 86 (3) of the Act must, on being requested to do so by a director of the board that issued the authority or by an employee of that board who is authorised to make such a request, produce the authority for inspection by the director or employee.
(7) A person who, without reasonable excuse, fails to comply with
such a request is guilty of an offence.
Maximum penalty: 5 penalty units.
Closure of reserves to certain uses
56. (1) For the purposes of section 87 of the Act, the prescribed manner in which a travelling stock reserve or part of such a reserve may be closed for activities is as follows:
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(a)
the board that controls the reserve must cause to be erected on the reserve at each place on the reserve or part of the reserve at which access and egress are provided a sign, which complies with subclause (2), notifying persons that the reserve or part of the reserve is closed for specified activities;
(b)
the reserve or part is then to be treated as being closed for those activities;
(c)
the board may, but is not obliged to, publish in a local newspaper published and circulating within the district in which the reserve is located a notice to the effect that the reserve or part is closed to such activities as are specified in the notice.
(2) A sign referred to in subclause (1) (a) must:
(a) be constructed of metal or other rigid material; and
(b)
contain the particulars shown in the diagram set out in Part 1 of Schedule 3; and
(c)
be in the form of a rectangle, 420 millimetres high and 300 millimetres wide; and
(d) accord with subclause (3).
(3) The letters and figures on the sign must be in red, superimposed
on a beige background.
(4) A reserve or part of a reserve closed under section 87 of the Act does not cease to be closed merely because the sign or signs indicating the closure of the reserve or part are removed from their position as a result of a storm or inclement weather or the act of a person not acting under the authority of the board that controls the reserve.
(5) Any person who, without lawful authority, removes or interferes with a sign erected under this clause is guilty of an offence.
Maximum penalty: 10 penalty units.
Notice of application of pesticides to reserves
57. For the purposes of section 103 of the Act, the prescribed manner for giving the notice concerning the application of a pesticide to a travelling stock reserve is:
(a)
by publishing the notice in a newspaper or newspapers circulating in the district within which the reserve is located at least twice with an interval of not less than 7 days between publication; and
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(b)
by placing conspicuous weather-proof signs on the reserve warning that pesticides have been used.
Access to tanks on reserve
58. A person having stock in his or her charge must ensure that the stock do not gain access to the main or conserving water tank on a travelling stock reserve (including a water tank at a stock watering place) unless the written consent of the hard that has control of the reserve has first been obtained permitting the stock to have access to that tank.
Maximum penalty: 2 penalty units.
Interference with machinery etc. on reserve and camping
59. (1) A person must not interfere with machinery or appliances that are located on a travelling stock reserve that is under a board’s control, except when authorised or directed by the board.
(2) A person in charge of stock must not camp or remain on a travelling stock reserve under a board’s control for more than 24 hours without the consent of the board or unless compelled to do so because of adverse weather or an unforeseeable emergency.
(3) A person who contravenes a provision of this clause is guilty of an offence.
Maximum penalty: 10 penalty units.
Use of water provided on a reserve
60. (1) If, on a travelling stock reserve that is under the control of a bard, water is provided by means of a trough and stock are watering at that trough, the person in charge of the stock must:
(a) ensure that no water is wasted; and
(b) supervise the flow of water into the trough while the stock are watering; and (c) turn off the stopcock as soon as the watering is completed; and (d) ensure that the trough and associated equipment are left in the condition in which they were found when that person arrived at the trough. (2) A person referred to in subclause (1) who fails to comply with a requirement of that subclause is guilty of an offence.
Maximum penalty: 10 penalty units.
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Deduction from board’s reserves improvement fund or stock watering places fund for administrative expenses
61. For the purposes of sections 33 (4) and 34 (4) of the Act, the specified amount is, in relation to any particular financial year of a board, an amount equal to one-third of all money carried to the board’s reserves improvement fund or stock watering places fund during the immediately preceding financial year of the board.
Division 2 - Stock transported by vehicle
Person in charge of stock
62. For the purposes of this Division, the driver of a vehicle conveying stock on a public road or travelling stock reserve is to be taken to be the person in charge of the stock.
Exemptions: transported stock statements
63. (1) For the purpose of section. 88 (10) of the Act, a transported stock statement or stock licence is not required, and no fee is payable, in the following circumstances:
(a)
when horses are be transported to or from any agricultural show, exhibition, gymkhana, pony club meeting or similar function;
(b)
when racehorses or harness racing horses are being transported from one place to another;
(c)
when stock are moved into New South Wales from another State and travel for up to 30 kilometres before immediately proceeding back into the other State;
(d)
when stock are moved across or along a road or reserve from one part of a holding to another part that would be contiguous with the first-mentioned part but for being separated by the road or reserve;
(e)
when stock are moved to or from a place at which they are to be or have been treated by a veterinary surgeon;
(f)
when horses are moved to or from any place for use as working horses.
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(2) For the purposes of subclause (1), a reference to another State is to be read as including a reference to the Australian Capital Territory.
Issue of transported stock statements
64. (1) For the purposes of section 89 of the Act, a transported stock statement may be completed and signed only by one of the following persons:
(a) the owner of the stock concerned or the owner’s agent;
(b)
the owner of a registered livestock carrying vehicle who normally resides, or whose place of business is, in the district of the board which has issued the statement;
(c) an employee of the owner of those stock.
(2) A transported stock statement is not valid unless:
(a) it is in accordance with Form 3; and
(b) the stock moved are the stock described in the statement.
(3) A board or a prescribed officer of a board may issue transported
stock statement forms either in a book or individually to any person who wishes to convey stock by vehicle on a public road or travelling stock reserve, or to consign stock for conveyance by any form of rail, water or air transport.
(4) A. board must refund the cost of any unused form that is returned to the board by a person to whom the form was issued under subclause (3).
Distribution and retention of forms
65. (1) The following procedure is applicable to the issue of a transported stock statement:
(a)
if the statement is completed by a person other than the carrier, the original statement must be given to the carrier and the copy retained in the book;
(b)
if the carrier completes the statement, the carrier must retain the original and the duplicate until the stock movement is completed.
(2) The person to whom a book of transported stock statements has
been issued in accordance with clause 64 (3) must return the book
containing the copies of issued transported stock statements to the
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issuing board, or to a prescribed officer of that board, within 2 months
after the last form contained in the book has been used.
Maximum penalty: 2 penalty units.
(3) If a person to whom a book of transported stock statements hasbeen issued in accordance with clause 64 (3) has failed to return the book to the board that issued the book or to a prescribed officer of that board after all forms in the book have been used, that board, or a prescribed officer of that board, may decline to issue a fresh book of transported stock statements to the person.
(4) A prescribed officer who has possession of a book from which all the transported stock statements have been issued must return the book containing the copies of statements issued from the book to the board within 60 days after the last form contained in the book has been issued.
(5) The board must retain in its custody for not less than 3 years any book returned to it under this clause.
Fees for transported stock statements
66. (1) The maximum fee that may be determined under section 89 (2) of the Act for a transported stock statement is $1 for each statement form.
(2) The fee determined by a board under section 89 (2) of the Act is payable on the issue of a book of transported stock statement forms or of an individual transported stock statement form.
(3) The fee payable for a transported stock statement is not subject to adjustment because of any subsequent variation in the prescription of the fee.
Off-loading of stock
67. The person in charge of stock conveyed by vehicle over a road or travelling stock reserve must not off-load the stock from a vehicle between the point of collection. and the point of delivery referred to in the relevant transported stock statement except:
(a)
in accordance with conditions imposed by a ranger appointed by the board for the district within which it is desired to off-load the stock; or
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(b) in the case of an unforeseeable emergency, or
(c)
in a case where off-loading is required by the Model Code of Practice for the Welfare of Animals relating to the movement of livestock by road transport.
Person in charge to give name etc.
68. (1) If a prescribed officer requests the person in charge of stock
that are on a public road or travelling stock reserve to state theperson’s name or address, the person must comply with the request.
(2) If a person:
(a) fails to comply with a request under subclause (1); or
(b) the person is guilty of an offence.
in response to the request, states a name or address that to the person’s knowledge is false or misleading,
Maximum penalty: 10 penalty units.
Division 3 - Walking stock and grazing stock
Prescribed form for walking stock permits
69. For the purposes of section 92 (5) of the Act, Form 4 is the prescribed form.
Exemptions: walking stock permits
70. For the purpose of section 90 (11) of the Act, a walking stock permit or stock licence is not required and no fee is payable, in the following circumstances:
(a)
when the movement of any horses on the hoof is accompanied by riders;
(b)
when stock are being used to pull a sulky, wagon or other vehicle;
(c)
when stock are being moved across or along a public road or travelling stock reserve from one part of a holding to another part that would be contiguous with the first-mentioned part but for being separated by the road or reserve;
(d)
when stock are moved to or from a place at which they are to be or have been treated by a veterinary surgeon.
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Fees for walking stock permits
71. (1) For the purpose of section 92 (3) (a) of the Act, a board may charge fees for the issue of walking stock permits not exceeding the following amounts:
(a) 25 cents for each 100 sheep or goats, or part of that number, for each 10 kilometres or part of that distance to be travelled; (b) 25 cents for each 10 head of large stock, or part of that number, for each 10 kilometres or part of that distance to be travelled. (2) A fee is not payable under section 92 (3) of the Act in the following circumstances:
in respect of unsold stock which are returning from a sale to the pasture from which they were moved for that purpose, but only if the length of the journey in that case does not exceed 16 kilometres for large stock or 10 kilometres for small stock or stock consisting partly of small stock and partly of large stock; in respect of unweaned calves, foals, lambs, fawns or kids under 6 months old when travelling with their mothers;
from another State to a destination in that other State when the in respect of stock that are travelling through New South Wales total distance travelled or to be travelled in New South Wales does not exceed 5 kilometres. (3) For the purpose of subclause (2), a reference to another State is to be read as including a reference to the Australian Capital Territory.
(4) For the purpose of section 92 of the Act, a ranger or permit officer who receives a fee for a walking stock permit must:
(a) issue a walking stock permit; and
(b) within 1 month of the issue of the permit, forward the fee and the duplicate of the permit to the secretary of the board on whose behalf the permit is issued. (5) For the purpose of section 92 (6) of the Act, an application for a walking stock permit may be refused on the ground that stock are, in the opinion of the board concerned or a prescribed officer of that board, suffering from a contagious disease.
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Walking stock permit books to be returned to board
72. (1) A prescribed officer who has possession of a book from which all the walking stock permits have been issued must return the book containing the copies of permits issued from the book to the board within 60 days after the last form contained in the book has been issued.
(2) The board must retain in its custody for not less than 3 years all used books returned to it in accordance with subclause (1).
Ranger to receive advance notice
73. (1) If stock are to be travelling for more than 2 consecutive days, the person in charge of the stock must give at least 24 hours’ notice of the proposed travel to a ranger of the board in whose district the journey is to commence.
Maximum penalty: 5 penalty units.
(2) If stock are being or are to be moved under the authority of a
walking stock permit over a public road or travelling stock reserve, the person in charge of the stock must, within 24 hours before the stock enter a district other than the one in which the journey commenced or is to commence, notify orally or in writing a ranger employed by, or the secretary of the board for the district that the stock are about to enter.
(3) Any person in charge of stock who fails to comply with a provision of this clause is guilty of an offence.
Maximum penalty: 5 penalty units.
Notice of walking stock to occupiers of holdings
74. A person must not walk stock over any part of a public road or travelling stock reserve and past a holding which:
(a) intersects or adjoins the road or reserve; and
(b) is not separated from the road or reserve by a fence,
without ensuring that the stock do not trespass onto, or become mixed
with any stock on, the holding.
Maximum penalty: 5 penalty units.
Specified route to be taken
75. (1) Travelling stock moved under the authority of a walking stock permit may be moved only by the route specified on the permit.
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(2) Any person who moves, or causes to be moved, stock by a route other than that specified in the walking stock permit authorising the movement of those stock is guilty of an offence.
Maximum penalty: 10 penalty units.
Variation in journey
76. (1) If any stock are moved on a journey in respect of which a walking stock permit is required and:
(a) it is desired to move the stock to another destination, irrespective of whether the destination shown on the permit has been reached; or (b) it is desired to move the stock to another destination in consequence of the stock or some of the stock having been sold during the journey; or (c) for any adequate reason the route of travel referred to in the permit cannot be followed, the person in charge of the stock may, with the approval of a ranger or other person authorised by the board for the district in which the stock are located at the relevant time, change the route or destination, but only after:
(d) obtaining a new walking stock permit; and
(e) paying the appropriate fee for the new permit.(2) The new permit comes into effect from the point at which the
change of route to the destination specified in the new permit begins.
(3) If a new walking stock permit is issued in accordance with thisclause, the owner of the stock is entitled to a refund of the travelling
stock fees for any distance not travelled under the previous permit.
(4) If only some of the stock referred to on the previous permit are moved to a fresh destination or over a different route, the refund payable under this clause is to be reduced proportionately.
(5) If the route specified in a walking stock permit is one which passes through land:
(a) quarantined under the provisions of the Stock Diseases Act 1923; or (b) on which stock infected within the meaning of that Act have been quarantined,
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a ranger, or any person authorised by the board in whose district the land is situated, may order the route to be changed and in that case no additional fee is payable in respect of the changed route.
(6) A walking stock permit ceases to be in force if the journey for which it is issued is broken by the holding of stock for more than 7 successive days elsewhere than on a public road or travelling stock reserve.
(7) However, a ranger employed by the board for the district in which the stock are held, or some other person authorised by that board, may approve the stock proceeding under the authority of the same walking stock permit from the place where they are held by endorsing the permit accordingly.
(8) A board may:
(a) under any circumstances which it decides are special; and
(b) if so directed by the Minister,
remit or waive any fee that would, but for this clause, be payable to the board under section 92 of the Act in respect of the movement of walking stock within its district.
Permitted hours of walking stock or pigs
77. (1) A person must not move stock or pigs by walking them over a public road or a travelling stock reserve during the hours between sunset and sunrise on the following day.
(2) However, a walking stock permit or stock licence issued in respect of dairy cows authorises cows and their calves to be moved over a road during those hours but only if:
(a)
they are on the road or reserve for the shortest practicable distance; and
(b)
appropriate stock warning signs are displayed in accordance with clause 83.
Rate of travel
78. (1) When stock are walking on any journey lasting more than 24 hours, the person in charge of the stock must ensure that, during each successive period of daylight hours, the stock travel towards their des tination:
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(a) a distance of not less than 16 kilometres if the stock consist wholly of large stock; or (b) a distance of not less than 10 kilometres if the stock consist wholly of small stock or partly of large stock and partly of small stock. (2) A person in charge of walking stock must ensure that the stock have (except with the authority of a ranger or other person authorised to give that authority by the board concerned):
(a)
travelled from the time when they started their journey until the time when they are first inspected by a prescribed officer; or
(b)
travelled from a time on which they are previously inspected by a prescribed officer during the course of the journey until the time at which they are again inspected by that or another prescribed officer during that journey,
towards their destination a distance averaging:
(c) 16 kilometres per day if the stock consist wholly of large stock; and (d) 10 kilometres per day if the stock consist wholly of small stock or partly of large stock and partly of small stock. (3) A person in charge of stock who fails to comply with subclause (1) or (2) is guilty of an offence, unless:
(a)
the stock were prevented from travelling at the prescribed rate due to unforeseen bad weather, fire, flood or some other unforeseeable circumstance; o r
(b)
approval for slow travel has been granted in respect of the stock under subclause (4); or
(c) clause 81 (7) applies to the movement of the stock.
Maximum penalty: 10 penalty units.
(4) A ranger or person authorised by the board may grant approval to walk stock at rates of travel slower than those referred to in subclauses (1) and (2) if the stock are unfit to travel at the prescribed rate of travel or for any other reason that the ranger or authorised person considers to be valid.
Maximum penalty: 10 penalty units.
(5) If a ranger or other person authorised by a board has givenapproval for slow travel in respect of stock to which a walking stock permit relates, the ranger or other person must write details of the
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approval on the permit, together with any conditions subject to which
slow travel is permitted.
(6) Whenever:
(a)
stock that are moved under the authority of a walking stock permit are travelling over a public road or a travelling stock reserve at a rate slower than that allowed by this clause; and
(b)
neither the owner of the stock nor the person in charge of the stock has obtained approval for slow travel under this clause or, if that approval has been obtained, the conditions or restrictions to which the stock are subject have not been or, as the case may be, are not being complied with,
the stock are, for the purposes of the Act, to be regarded as trespassing
on the road or reserve.(7) Whenever any such stock are regarded as trespassing on a public road or a travelling stock reserve, the board in whose district the road or reserve is located may
(a)
cancel any approval granted in respect of the stock for slow travel; and
(b) impound the stock as provided by the Act.
(8) For the purpose of this clause, a ranger, or other person
authorised by the board, may, if a mob of stock partly comprises stock fit to travel at the rate prescribed by this clause and partly comprises stock unfit to travel. at that rate, order the stock which are unfit to be culled from the mob.
(9) The person in charge of stock culled in accordance with an order
under subclause (8) must ensure that those stock are, unless a ranger
erson authorised by the board concerned as permitted them to travel at a slower rate, immediately removed from the public road or travelling stock reserve by vehicle or some other appropriate means.
Maximum penalty: 10 penalty units.
(10) If a fresh permit endorsed for slow travel is issued for stockculled in accordance with an order under subclause (8), the person in charge of the stock must pay the appropriate charges to the ranger or other person authorised by the board concerned. Maximum penalty: 10 penalty units.
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(11) If the person in charge of stock fails to pay the charges referred to in subclause (10), the ranger or other person authorised by the board concerned may impound the stock.
(12) In this clause, "daylight hours" means the period between sunrise and sunset.
Orders for the payment of agistment fees
79. (1) If a person is convicted of an offence under clause 78, the court concerned must, in addition to imposing a penalty, make an order directing the payment of agistment fees:
(a)
if the offence was committed in respect of travelling within a particular district - to the board for that district; or
(b)
if the offence was committed in respect of travelling within 2 or more districts - to the boards for each of those districts in such proportions as the court considers to be equitable.
(2) An order under subclause (1) may be made against:
(a)
the person shown in the walking stock permit as the owner of the stock; or
(b)
the person who was in charge of the stock at the time of the relevant offence; or
(c) both of them.
(3) If such an order is made against both of those persons, the court
may apportion the amount ordered to be paid between them.
(4) The agistment fees to be specified in an order made under subclause (1) are to be calculated in respect of the number of days in excess of the number of days that the journey would have taken if stock had each day travelled the distances required by clause 78.
(5) The agistment fees to be specified in an order made under subclause (1) are:
(a)
50 cents for each 10 head of small stock and for any part of that number; or
(b) 50 cents for each head of large stock,
for each day of travel in excess of that which the journey would have
taken if clause 78 had not been contravened.
1990 - No. 335
(6) An order for the payment of agistment fees made under subclause (1) operates, and is enforceable, as a judgment under the Local Courts (Civil Claims) Act 1970.
(7) Such an order may, for the purpose of subclause (6), be entered in the records of:
(a)
the court exercising jurisdiction under the Local Courts (Civil Claims) Act 1970 named in the order; or
(b)
if no such court is named, in the records of any court exercising that jurisdiction.
Agistment fees payable in other cases
80. (1) If, because of the condition of stock being moved under the authority of a walking stock permit, a ranger, or some other person authorised by the board concerned, considers it to be impracticable to move the stock over the distances that they are required by clause 78 to travel, the person to whom the permit has been issued must pay to that board agistment fees as determined by that board in accordance with subclause (2) but not exceeding those referred to in clause 79 (5).
(2) For the purposes of subclause (1), agistment fees are to be calculated in respect of the number of days that the journey would have taken if the stock had each day travelled the distance required by clause 78.
(3) Agistment fees required to be paid to a board under this clause are payable within 48 hours of a demand being made by
(a) the board; or
(b) a ranger or the secretary of the board concerned; or
(c) an employee of the board designated by that board for the purpose of receiving payment of agistment fees. (4) A board: (a) may; or (b) must, if so directed by the Minister in any particular case,
remit or waive any agistment fees that would, but for this subclause, be
payable to the board under this clause.
1990 - No. 335
Stock held at night
81. (1) If:
in the course of a journey by stock walking over a public road or travelling stock reserve, the stock are halted for the night; and
the person in charge of the stock does not place the stock in astock holding area; and
a stock holding area is located within 2 kilometres of the place where the stock are so halted and that holding area is not occupied by other stock, the person in charge of the stock is, unless he or she had reasonable cause for failing to place the stock in a stock holding area, guilty of an offence.
Maximum penalty: 5 penalty units.
(2) For the purpose of section 98 (9) of the Act, a portable holdingstructure may be used as a holding area if it is adequate to prevent the stock from escaping and provided it is erected as far as practicable from the carriageway of any public road that is in the vicinity.
(3) If, in the course of a journey by stock over a public road or travelling stock reserve, stock are halted for the night otherwise than in a stock holding area, the person in charge of the stock must place the appropriate signs in the appropriate positions in relation to the stock.
(4) For the purposes of subclause (3), the appropriate signs are the stock warning signs complying with clause 83 (5) and the appropriate positions are those specified in clause 83 (4).
(5) Any person who fails to comply with subclause (3) is guilty of an offence.
Maximum penalty: 10 penalty units.
(6) If any stock are to be halted for the night at any place other thanin a stock holding area, the person in charge of the stock must ensure that the stock are halted as far as practicable away from the carriageway of any public road that is in the vicinity.
Maximum penalty: 5 penalty units.
(7) If the person in charge of stock proves that, in order to avoidcommitting an offence under subclause (1) on a particular day the stock travelled a distance that is less than the distance that they are
1990 - No. 335
required to travel by this Part, that person is not guilty of an offence under clause 78 if the difference between the distance that the stock travelled and the distance that they were so required to travel under that clause is less than 2 kilometres.
No camping permitted for short distance travel
82. (1) A person who is in charge of walking stock must ensure that the stock do not camp on a public road or travelling stock reserve if the total journey to be undertaken is:
(a) less than 16 kilometres if the stock consist wholly of large stock; and (b) less than 10 kilometres if the stock consist wholly of small stock or partly of large stock and partly of small stock.
(2) Any person who fails to comply with this clause is guilty of an offence.
Maximum penalty: 10 penalty units.
Display of warning signs
83. (1) For the purpose of section 96 of the Act, whenever stock are on or within 300 metres of a public road and no stock proof fence separates the stock from the carriageway of the road, the person in charge of the stock must ensure that:
(a)
stock warning signs complying with this clause are displayed as provided by this clause in relation to the stock while the stock are on a public road; and
(b) those signs are removed when the stock leave the road.
(2) A ranger, or other person authorised by the board concerned,
who considers that any stock warning signs erected on a public road do not relate to any stock located on or near the road may remove the signs to a place of safe keeping and retain them there until claimed by their owner or disposed of in accordance with law.
(3) For the purpose of identification, a board may
(a)
mark on the back of stock warning signs that are supplied by the board permanent identifying numbers; and
(b)
maintain a record of those numbers and the persons to whom the signs were supplied.
1990 - No. 335
(4) Except as provided by subclauses (6) and (8) and by clause 89,
the person in charge of stock that are walking over, or are grazing or
halted on, a public road must ensure that:
(a)
stock warning signs are displayed no more than 5 kilometres apart at each end of the part of the road that is occupied by the stock; and
(b)
the particulars shown on the signs are clearly visible to drivers of vehicles using the road who approach the stock from either direction; and
(c)
the signs are in accordance with subclause (5) and, where appropriate, subclause (9).
(5) For the purpose of subclause (4) (c):
(a) a stock warning sign must be constructed of:
(i) rigid metal, heavy duty plastic, corflute or other rigid and durable material; or (ii) material which can be folded or rolled and which is securely held by a frame while unfolded or unrolled when used for the purpose of subclause (4); and (b) the particulars to be shown on the sign are those shown in Diagram A or B in Part 2 of Schedule 3 (whichever is appropriate); and (c) those particulars must be coloured black on a yellow background; and (d) the sign must be in the form of a flat, square sheet with sides 750 millimetres in length. (6) If stock are being moved across or along a public road and the distance that the stock are to be moved on that road is not more than 1 kilometre, the person in charge of the stock must, except as provided by subclause (8), ensure that:
(a)
stock warning signs are displayed at the places on the road not more than 500 metres and less than 200 metres before the place where the movement of the stock is to begin and not more than 500 metres and not less than 200 metres after the place on the road where the movement is to end; and
(b)
the particulars shown on the signs are clearly visible to drivers of vehicles using the road who approach the stock from either direction; and
1990 - No. 335
(c) the signs:
(i)
are in accordance with subclause (7) and, where appropriate, subclause (9); or
(ii)
are permanent signs of a type approved by the local authority or Minister for Crown Lands (according to whether the road is a public road within the meaning of the Crown and Other Roads Act 1990 or a Crown road within the meaning of that Act).
(7) For the purposes of subclause (6) (c):
(a) a stock warning sign must be constructed of:
(i) rigid metal, heavy duty plastic, corflute or other rigid and durable material; or (ii) material which can be folded or rolled and which is securely held by a frame while unfolded or unrolled when used for the purpose of subclause (6); and (b) the particulars to be shown on the sign are those shown in Diagram A or B in Part 3 of Schedule 3 (whichever is appropriate); and (c) those particulars must be coloured black on a yellow background; and (d) the sign must be in the form of a flat square sheet with sides 750 millimetres in length.
(8) If an unfenced public road passes through land which is normally grazed by stock owned by the occupier of the land, that occupier must ensure that signs of the type required under clause 89 are permanently displayed at each end of the road where it intersects the boundaries of the holding.
(9) If stock warning signs required by this clause are displayed at night, the particulars referred to in subclause (5) or (7) must be made of reflective material.
Stock to be adequately controlled
84. (1) A person in charge of stock that are on a public road or
travelling stock reserve must keep the stock under control at all times.
(2) For the purposes of subclause (1), "control", in relation to stock,
means action designed to ensure that the stock do not move to a
1990 - No. 335
PART 3 - DETERRENT FEES
(Cl. 93 (2) (c))
Column 1 Column 2 Description of animals For animals impounded on a impounded single occasion
Horses, cattle (a) for the first animal - $15;
(b)
for the second and each additional animal owned by the same person and impounded on the same occasion - $10.
Sheep, goats or pigs owned by (a) if the number of animals the same person impounded on impounded is not more than the same occasion 28 - $5;
(b) if the number of animals impounded is more than 20 but not more than 50 - $10; (c) if the number of animals impounded is more than 50 but not more than 108 - $20; (d) if the number of animals impounded is more than 100 - $10 for each 100 animals or
part of that number.
1990 - No. 335
SCHEDULE 6 - PARTICULARS TO BE INCLUDED ON
CERTAIN FORMS
PART 1 - APPLICATIONS
(Cll. 110, 112, 113, 121)
1. The full name and residential address of the applicant.
2. Particulars sufficient to identify any holding (being a holding located in the district concerned) on which the applicant keeps stock.
3. registered as the proprietor of:
(a) a board brand design for use on large stock; or
(b) a symbol brand design for use on large stock; or
(c) an earmark design for use on cattle or deer, orA statement as to whether the applicant is applying to be (e) an earmark design for use on small stock
4.
If the applicant is applying to be registered as the proprietor of a symbol brand design, a diagram of the design.
PART 2 - PARTICULARS TO BE INCLUDED ON FORMS FOR
THE TRANSFER OR APPLICATION OF BRAND AND
EARMARK DESIGNS
(Cll. 114, 122)
1. The full name and residential address of the registered proprietor who is proposing to transfer the brand or earmark design concerned.
2. Particulars of the brand or earmark design to be transferred sufficient to identify the design.
3. The full name and residential address of the person to whom the brand or earmark design is to be transferred.
4. Particulars sufficient to identify any holding (being a holding located in the district concerned) on which the transferee keeps stock.
1990 - No. 335
PART 3 - PARTICULARS TO BE INCLUDED ON APPLICATIONS FOR REGISTRATION AS THE PROPRIETOR OF A BRAND OR
EARMARK DESIGN BELONGING TO A DECEASED
REGISTERED PROPRIETOR
(Cl. 132)
1. The full name of the executor or administrator who is making the application and the applicant’s residential address.
2. A statement as to whether the applicant is the executor or administrator of the deceased’s estate and whether the applicant is applying to be personally registered as the proprietor of the brand or earmark design or applying for the person beneficially entitled to the design to be registered as the proprietor of the design.
3. The deceased registered proprietor’s full name and residential address.
4. Date of the deceased registered proprietor’s death.
5. Particulars of the brand or earmark design belonging to the deceased registered proprietor sufficient to identify the design.
6. The name and full residential address of the beneficiary entitled to ownership of the brand or earmark design on the death of the registered red proprietor.
7. Particulars sufficient to identify any holding (being a holding located in the district concerned) on which the benficiary keeps stock.
1990 - No. 335
SCHEDULE 7 - CHARACTERS TO BE USED IN BOARD
BRAND DESIGNS TO IDENTIFY THE RELEVANT
RURAL LANDS PROTECTION DISTRICT
(Cl. 111 (1) (a))
Rural lands Pastures
Identifying Identifying
protection protection
character character
district names district names
Albury Hay Armidale Hillston Balranald Hume Bathurst Inverell Bega Jerilderie Bombala Kempsey Bourke Maitland Braidwood Merriwa Brewarrina Milparinnka Broken Hill Molong Canonba Moree Carcoar Moss Vale Casino Moulamein Cobar Mudgee Condobolin Narrabri Cooma Narrandera Coonabarabran Scone Coonamble Tamworth Corowa Tenterfietd Deniliquin Tweed-Lismore Denman-Singleton Urana
Dubbo Wagga Forks Walgett Glen Innes Wanaaring Gloucester Wanalda Goulburn Wentworth Gundagai Wilcannia Grafton Yass
Young
1990 - No. 335
SCHEDULE 8 - CHARACTERS TO BE USED IN BOARD
BRAND DESIGNS TO IDENTIFY PROPRIETORS
(Cl. 111 (1) (b))
Description and arrangment EXAMPLE: (A brand consists of of characters that follow the rural 3 characters, the first of which
SERIES BRAND CHARACTERS
lands protection district identifies the relevant rural lands identifying character protection district)
1 The characters must be Second and third
positioned so that. when the characters – The following brand is applied, the second and characters are available: third characters stand upright.
2 The characters must be Second character – The positioned so that, when the following characters are brand is applied, the second available: character falls horizontally to
the right and the third character
stands upright.Third character – The characters available are
the same as those
available for series 1.3 The characters must be Second character – The positioned so that, when the following characters are brand is applied, the second available: character falls horizontally to
the left and the third character
stands upright.Third character –The characters available are
the same as these
available for series 1.
1990 - No. 335
Description and arrangement EXAMPLE: (A brand consists of
SERIES of characters that follow the rural BRAND CHARACTERS 3 characters, the first of which
lands protection district identifies the relevant rural lands identifying character protection district)
4 The character must be Second character – The positioned so that, when the characters available are brand is applied, the second the same as those character stands upright and the available for series 1. third character falls horizontally to the right.
Third character – The characters available are the same as those
available for the second
character of series 2.5 The characters must be Second character – The positioned so that, when the characters available are brand is applied, the second the same as those character stands upright and the available for series 1. third character falls horizontally to the left Third character – The
characters available are
the same as those
available for the second
character of series 36 The characters must be Second and third positioned so that, when the characters – The brand is applied, the second and following characters are third characters fall horizontally available. to the right. 7 The characters must be Second and third positioned so that, when the characters – The brand is applied, the and following characters are third characters fall horizontally available: to the left. 1990 - No. 335 SCHEDULE 9 - PARTS OF LARGE STOCK ANIMALS ON
WHICH REGISTERED BRAND DESIGNS MAY BE PLACED
(Cl. 117)
Application to horses of registered brand designs
1. (1) The parts of a horse on which a registered brand design may
be placed are as follow: (a) the left shoulder; (b) the right shoulder;
(c) the left thigh;
(d) the right thigh; (e) the right neck (2) A registered brand design that is to be applied to a horse mustbe applied in the order set out in subclause (1) so that the first such design appears on the left shoulder of the horse, the second appers on the right shoulder and so on.
Application to cattle of registered brand designs
2. (1) The parts of cattle which a registered brand design may be
placed are as follows: (a) the left rump; (b) the right rump;
(c) the left thigh;
(d) the right thigh.
(2) The first registered brand design to be applied to cattle must beapplied to the left rump of the animal but subsequent registered brand designs may be applied to any part mentioned in subclause (1) (b), (c) or (d) so long as no other brand design (whether registered or not) appears on that part.
Application to cattle and deer of registered brand designs in the form of ear tattoos
3. If it is propsed to apply to cattle or deer a registered brand design in the form of an ear tattoo, then, whether the animal is male or female, the part of the animal to which the design may be applied is the left ear.
1990 - No. 335
SCHEDULE 10 - NAMES, SHAPES AND SIZES OF EARMARK
DESIGNS
(Cl. 125 (1))
Sheep, Goats and Deer Cattle
Length not Width not Length not Width not
Name of Mark No Shape of Mark
exceeding exceeding exceeding exceeding mm mm mm mm
SERIES 1
The A 1 20 13 35 35 The anchor 2 20 20 35 35 The B 3 16 13 35 25 The bayonet 4 26 20 40 40 The bayonet and slit 5 32 20 40 40 The bolt 6 20 10 40 20 The boot 7 20 13 35 25 The broad arrow 8 26 16 40 40 The C 9 20 13 35 30 The capstan 10 20 20 35 35 The castle 11 13 13 35 35
The club 12 20 13 40 30 The club and slit 13 26 13 45 35 The comma 14 20 13 35 35 The compass 15 20 20 35 45 The cottage loaf 16 20 16 35 30
1990 - No. 335
Sheep, Goats and Deer Cattle
Length not Width not Length not Width not
Name of Mark No Shape of Mark
exceeding exceeding exceeding exceeding mm mm mm mm
The crank 17 20 13 40 25 The cricket bat 18 32 13. 40 25 The cross 19 20 16 40 30 The crotchet 20 20 10 35 30 The D 21 16 13 35 30 The diamond 22 16 13 35 30 The diamond and slit 23 23 13 40 30 The diamond and slits 24 20 20 45 45 The double L 25 20 13 35 35 The double U 26 16 13 40 40
The dumb- bell 21 20 10 40 20 The E 28 20 13 35 25 The F 29 20 13 35 25
The fish hook 30 20 13 35 25
The flag 31 26 10 35 25 The fork 32 20 13 35 30 The fork and double L 33 20 16 45 35 The fork and holes 34 23 20 45 35 The fork and note 35 23 13 45 30 The fork and slit 36 16 13 40 30
1990 - No. 335
Sheep, Goats and Deer Cattle
Name of Mart No. Shape of Mark Length nor Width not Length nor Width not exceeding exceeding exceeding exceeding
mm mm mm mm
The fork and slit 37 16 13 40 30 The G 38 20 13 10 30 The gourd 39 20 16 35 25 The H 40 20 13 35 25 The script 41 20 13 35 30 The half circle 42 16 7 35 25 The half cleaver 43 16 13 35 35 The half halfpenny 44 16 10 35 25 The half halfpenny and fork 45 16 16 35 35 The half halfpenny and slit 46 16 16 35 35 The halfpenny and 47 16 16 35 35 swallowtail The hat 48 20 13 40 25 The hat and T 49 20 20 45 35
The heart 50 13 13 35 35
The hole 51 13 13 20 20
The holes conjoined 52 20 13 40 20 The hole and slits 53 23 13 40 25 The J 54 20 13 35 25 The K 55 20 13 35 35 The L 56 20 13 35 30
1990 - No. 335
Sheep Goats and Deer Cattle
Name of Mark No. Shape of Mark Length not Width not Length not Width not exceeding exceeding exceeding exceeding
mm mm mm mm
The L and slit 57 20 16 35 35 The Lion 58 16 13 35 35 The M 59 16 16 40 35 The M inverted 60 16 13 40 35 The mushroom 61 16 13 35 30 The N 62 16 13 35 35 The N (centre) 63 20 13 35 35 The notch 64 16 10 40 30 The note 65 20 13 40 20 The notes conjoined 66 26 13 45 20 The note and slit 67 23 13 40 20 The note and slits 68 26 20 35 35 The oblong 69 16 10 35 25 The oval 70
16 10 35 20
The oval and slit 71 23 10 45 20 The P 72 20 13 35 30 The parallelogram 73 20 7 45 25 The parallelogram and slits 74 20 13 35 45 The pick 75 20 16 35 40 The pointed fork 76 20 13 35 35
1990 - No. 335
Sheep, Goats and Deer Cattle
Name of Mark No. Shape of Mark Length not Width not Length nor Width not exceeding exceeding exceeding exceeding
mm mm
mm mm
77
The primose 16 16 45 45
The rowlock 78 16 13 40 35 The S 79 20 13 35 30 The saw frame 80 16 13 40 35 The scalene 81 20 13 55 35 The shear handles 82 20 20 40 40 The shears 83 16 13 35 35 The slash 84 26 4 40 6 The (centre) slash 85 20 4 35 6 The (round) slash 86 23 4 40 6 The slit 87 20 4 35 6 The (long) slit 88 39 4 50 6 The (extra long slit) 89 64 5 65 6 The spanner 90 16 13 35 35
The spur 91 20 13 35 30 The square 92 13 13 20 20 The stamp 93 13 13 35 35 The star 94 20 20 40 40 The star (curved) 95 20 20 45 45 The swallowtail 96 16 13 35 35
1990 - No. 335
Sheep, Goats and Deer Cattle
Name of Mark No Shape of Mark Length not Length not Width not Width not
exceeding exceeding exceeding exceeding mm mm mm mm
The swallowtail and hole 97 16 13 40 35 The swallowtail and L 98 26 13 45 35 The swallowtail and note 99 23 13 45 35 The swallowtail and slit 100 20 16 40 35 The T 101 13 13 40 35 The T (sloping) 102 16 13 40 35 The thistle 103 16 13 35 35 The tongs 104 20 13 40 35 The trapezoid 105 23 10 40 25 The triangle 106 16 13 35 35 The mangle and fork 107 20 13 40 35 The triangle and slit 108 20 13 40 35 The triangle and slit 109 20 13 40 35
The triangle and
110 16 13 35 35
swallowtail
The U111 16 13 35 35 The U inverted 112 20 13 35 35 The U inverted (sloping) 113 20 13 35 35 The U and note 114 23 13 40 35 1990 - No. 335
Sheep, Goats and Deer Cattle
Length not Width not
Name of Mark No Shape of Mark Length not Width not exceeding
exceeding exceeding exceeding
mm mm mm mm
The V 115 16 16 35 35 The V and slits 116 20 16 45 35 The V and slits 117 20 16 40 35 The V and swallowtails 118 20 16 40 35 The W 119 20 20 35 35 The W inverted 120 23 13 40 34 The W and slit 121 26 13 45 35 The wine glass 122 20 13 40 35 The Y 123 16 13 35 35 The 3 124 20 13 40 35 The 6 125 20 13 40 35 SERIES 2 The D 126 16 12 35 20
The reverse D 127 16 12 35 20 The diamond and hole 128 23 12 44 30 The E 129 20 12 40 25 The reverse E 130 20 12 40 25 The fork and double 131 20 16 40 30 swallowtail The fork and hole 132. 20 20 40 35
1990 - No. 335
Sheep, Goats and Deer Cattle
Name of Mark No. Shape of Mark Length not Width not Length not Width not exceeding exceeding exceeding exceeding
mm mm mm mm
The fork and hole 133 20 20 40 35 The inverted half halfpenny 134 12 16 30 10 The R 135 16 12 35 30 The reverse R 136 16 12 35 30 The swallowtail and half 137 16 12 40 30 halfpenny The swallowtail and triangle 138 16 12 40 30 The tapered fork 139 20 12 40 30 The mangle and double 140 20 16 40 30 swallowtail The triangle and slit 141 20 12 35 30 The trident 142 16 16 35 35 The wedge 143 16 12 40 30 The wedge 144 16 12 40 30
The Z 145 20 16 40 30 The reverse Z 146 20 16 40 30
1990 - No. 335
NOTE
TABLE OF PROVISIONS PART 1 - PRELIMINARY
1. Citation
2. Commencement3. Definitions
PART 2 - RURAL LANDS PROTECTION
DISTRICTS AND BOARDS
Division 1 - Elections
4. Polling day
5. Returning officer
6. Closing day for nominations and notice of election etc.
7. Nomination of candidates
8. Proceedings after close of nominations9. Death of candidate or withdrawal of consent to nomination
10. Roll of voters to be kept at board’s principal place of administration
11. Polling at an election
12. Ballot box to be provided
13. Appointment of scrutineers
14. Scrutiny of ballot papers, counting of votes etc.
15. List of voters
16. Informal ballot papers
17. Decision by lot where votes are equal
18. Result of election to be notified
19. Sealing and transmission of ballot papers
20. Offences
21. Polling day for an election to fill a casual vacancy
22. Excluded closing days for nominations of candidates and enrolment
23. Election of chairperson
24. Adrninistrator to hold general election of directors when directed to do so
Division 2 - Proceedings of a board
25. Common seal
26. Proceedings of a board
27. Power to appoint employees
Division 3 - Accounts etc.
28. Accounts of receipts and expenditure etc.
29. Amounts payable out of board’s rural lands protection fund
30. Appointment etc. of auditors
31. Duties of auditors
32. Interest rate on outstanding payments
1990 - No. 335
Division 4 - Matters pertaining to
prescribed officers etc.
33. Definition
34. Duties of prescribed officers
35. Obligation of prescribed officer on ceasing to be a prescribed officer
36. Commissions payable to permit officers
37. No remuneration to be paid for transported stock statement
PART 3 - RATES
38. Other stock types
39. Making and levying of rates
40. Minimum stock unit equivalents
41. Returns of land and stock
42. Notice to owner for information in respect of land and stock
43. Appeal to local land board against determination of carrying capacity
44. Notification of changes in occupancy of ratable land
45. Recording of notification of changes in occupancy
46. Property search inquiries
47. Appeal against validity of rate
48. Increase of overdue rate
49. Rate record
50. Minimum area of ratable land
51. Collection etc. of meat industry levies by boards
52. Purposes for which information provided under section 57 or 58 of the Act may be used
PART 4 - TRAVELLING STOCK RESERVES
AND TRAVELLING STOCK
Division 1 - General management of
travelling stock reserves
53. Prescribed activities for the purposes of section 86 of the Act
54. Offences on reserves
55. Authorised use of reserves
56. Closure of reserves to certain uses
57. Notice of application of pesticides to reserves
58. Access to tanks on reserve
59. Interference with machinery etc. on reserve and camping
60. Use of water provided on a reserve
61. Deduction from board’s reserves improvement fund or stock watering places fund for administrative expenses
Division 2 - Stock transported by vehicle
62. Person in charge of stock
63. Exemptions: transported stock statements
64. Issue of transported stock statements
65. Distribution and retention of forms
1990 - No. 335
66. Fees for transported stock statements
67. Off-loading of stock
68. Person in charge to give name etc.
Division 3 - Walking stock and grazing stock
69. Prescribed form for walking stock permits
70. Exemptions: walking stock permits
71. Fees for walking stock permits
72. Walking stock permit books to be returned to board
73. Ranger to receive advance notice
74. Notice of walking stock to occupiers of holdings
75. Specified route to be taken
76. Variation in journey
77. Permitted hours of walking stock or pigs
78. Rate of travel
79. Orders for the payment of agistment fees
80. Agistment fees payable in other cases
81. Stock held at night
82. No camping permitted for short distance travel
83. Display of warning signs
84. Stock to be adequately controlled
85. Persons in charge of stock or pigs not to leave the stock or pigs unattended
86. Penalty fee - movement of walking stock
87. Fees for grazing permits
88. Disposal of carcasses required
89. Temporary grazing permits
Division 4 - Stock licences
90. Issue of stock licences and fees for stock licences
91. Use of stock licences
PART 5 - ABANDONED AND TRESPASSING STOCK
92. Impounding of stock or pigs
93. Fees and charges
94. Opening and closing a board pound
95. Functions of a poundkeeper
96. Information to be given
97. Notice to be given when stock have been impounded
98. Sale of impounded animals
PART 6 - NOXIOUS ANIMALS
99. Methods of destruction of noxious animals
loo. Order to destroy noxious animals 101. Keeping one rabbit 102. Permission to keep noxious animals
1990 - No. 335
PART 7 - CONTROL OF NOXIOUS INSECTS
103. Prescribed method for suppression and destruction of noxious insects
104. Information to be supplied by the occupier of land
PART 8 - RABBIT, DOG AND MARSUPIAL
PROOF FENCES
105. Application to local land board for decision or determination
106. Minister’s reference to local land bard
107. Assessment of claim for contribution towards cost of fencing
108. Contribution of Crown towards cost of fencing
109. Assessment of claim for contribution towards cost of maintaining or repairing certain fences
PART 9 - IDENTIFICATION OF STOCK
Division 1 - Large stock
110. Application for the registration of a board brand design for use in connection with large stock
111. Allocation of board brand designs
112. Application for the registration of a symbol brand design for use in connection with large stock
113. Application for the registration of an earmark design for use in connectiion with cattle or deer
114. Application for the registration of a transfer of a brand or earmark design for use in connection with large stock
115. Requirements for construction of branding instruments for use on large stock
116. Use of brands depicting registered brand designs
117. Dimensions and positions of registered brands and earmarks for use on large stock
118. Use of distinctive brands and earmarks on large stock
119. Certificate of particulars pertaining to certain large stock brand designs
120. Directory of symbol brand particulars
Division 2 - Small stock
121. Applications for registration of brand or earmark designs for use in connection with small stock
122. Application for the registration of a transfer of a brand or earmark design for use in connection with small stock
123. Requirements for the construction of branding instruments for use on small stock
124. Dimensions and positions of registered brand designs for use on small stock
125. Dimensions and positions of registered earmarks for use on small stock
126. Use of distinctive earmarks or small stock
127. Certain sheep and goats to be exempt from the requirements of section 188 of the Act
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128. Notice concerning possession of unlawfully branded or earmarked stock
129. Colour brands
Division 3 - Provisions applicable in respect
of both large and small stock
130. Maximum fee payable when an application deals with 2 or more designs
131. Register of brand and earmark designs
132. Registration of a brand design or earmark design belonging to a deceased registered proprietor
133. Annual fee payable by proprietor of registered brand or earmark design who is not a ratepayer of the district
134. Notice of intention of cancellation of brand or earmark design
PART 10 - MISCELLANEOUS PROVISIONS
135. Qualifications of district veterinarians
136. Information to be included in an annual report to be prepared by the Council of Advice
137. Transitional provision
SCHEDULE 1 - FORMS
SCHEDULE 2 - MINIMUM AREA OF RATABLE LAND
SCHEDULE 3 - SIGNS
SCHEDULE 4 - STOCK TRANSPORTED BY VEHICLESCHEDULE 5 - FEES AND CHARGES RELATING TO THE IMPOUNDING
OF STOCK
SCHEDULE 6 - PARTICULARS TO BE INCLUDED ON CERTAIN FORMS SCHEDULE 7 - CHARACTERS TO BE USED IN BOARD BRAND DESIGNS
TO IDENTIFY THE RELEVANT RURAL LANDS PROTECTION
DISTRICTSCHEDULE 8 - CHARACTERS TO BE USED IN BOARD BRAND DESIGNS TO IDENTIFY PROPRIETORS
SCHEDULE 9 - PARTS OF LARGE STOCK ANIMALS ON WHICH REGISTERED BRAND DESIGNS MAY BE PLACED
SCHEDULE 10 - NAMES, SHAPES AND SIZES OF EARMARK DESIGNS
EXPLANATORY NOTE
The object of this Regulation is to supplement the provisions of the Rural Lands Protection Act 1990. The Regulation contains provisions dealing with the following matters:
(a)
the election of directors of rural lands protection boards (Part 2, Division 1);
(b) the proceedings of rural lands protection boards (Part 2, Division 2); (c)
requirements relating to the financial accounts of rural lands protection boards and the auditing of those accounts (Part 2, Division 3);
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(d)
the duties and obligations of "prescribed officers" of rural lands protection boards (such as rangers and permit officers) (Part 2, Division 4);
(e) the levying and payment of general rates and animal health rates (Part 3);
(f)
the regulation of travelling stock reserves and of stock transported over public roads and travelling stock reserves (Part 4);
(g) the impounding of abandoned or trespassing stock (Part 5);
(h) the suppression and destruction of noxious animals (such as rabbits) and regulating the keeping of noxious animals that persons are permitted to keep under the Act (Part 6); (i) the suppression and destruction of noxious insects (such as Australian
plague locusts) (Part 7);
(j) the making and determination of claims for contributions towards meeting the cost of erecting rabbit proof, dog proof and marsupial proof fences or making existing fences rabbit proof, dog proof or marsupial proof and the contributions towards meeting the cost of maintaining or repairing those fences (Part 8); (k) the identification of stock, including the registration of brand and earmark designs for use on large stock (such as cattle) and small stock (such as sheep) (Part 9); (l) other matters including the qualifications of district veterinarians and the information to be included in an annual report to be prepared by the Council of Advice.
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