Rural Lands Protection Act 1989 Rural Lands Protection Regulation 1995 (1995-518) [GG No 105 of 1.9.1995] (NSW)

1995—No. 518

RURAL LANDS PROTECTION ACT 1989—REGULATION *

(Rural Lands Protection Regulation 1995)

NEW SOUTH WALES

[Published in Gazette No. 105 of I September 1995]

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

RICHARD SANDERSON AMERY, M.P.,

Minister for Agriculture.

PART 1— PRELIMINARY
INTRODUCTORY NOTE

This Part contains machinery provisions specifying the name of the Regulation and the date from which it is to operate. It also contains definitions of expressions that are used in the Regulation. It should be noted that expressions defined in the Rural Lands Protection Act 1989 (“the Act”) have the same meanings in the Regulation as they have in the Act.

Citation

1. This Regulation may be cited as the Rural Lands Protection Regulation 1995.

Commencement

2. This Regulation commences on 1 September 1995.

General definitions

3. (1) In this Regulation:

“accounts” of a board include its income and expenditure account and

balance sheet;

“authorised officer” means (except in Part 7) a ranger appointed by a board, or some other person appointed by a board for the purpose of exercising the function to which the relevant provision relates;

* This regulation includes the corrections contained in the correction notice published in Gazette No. 113 of 15.9.95, p. 6724 (1995—568).

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“caretaker” means the person appointed by the controlling authority

of a stock watering place to look after the place;

“character” includes a letter, conjoined letters, a numeral and a sign;
“director” means a director of a board;
“Eastern and Central Division” means the Eastern and Central

Division as defined in section 4 of the Crown Lands Act 1989 for the purposes of that Act;

“local authority” means the council of a local government area;

“local lands office”, in relation to land, means the office for the local

land board of the land district concerned;

“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 and includes

this Regulation;

“veterinary surgeon” means a veterinary surgeon registered under the

Veterinary Surgeons Act 1986;

“Western Division” means the part of New South Wales that is within the Western Division, as defined by the Crown Lands Consolidation Act 1913 immediately before its repeal.

(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.

Extended definition of “stock”

4. For the purposes of the definition of “stock” in section 3 (1) of the

Act:

(a)	deer are declared to be stock in relation to the operation of Parts 4 and 7 of the Act; and
(b)	donkeys, asses, water buffaloes and camels are declared to be stock in relation to the operation of Parts 6, 7 and 8 of the Act; and
(c)	pigs are declared to be stock in relation to the operation of sections 90, 93, 96 and 98 of the Act.

Notes. Part 4 of the Act deals with the levying of general and animal health rates for the purposes of the Act.

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Part 6 of the Act deals with travelling stock and travelling stock reserves.

Part 7 of the Act deals with abandoned and trespassing stock.

Part 8 of the Act deals with stock watering places.

Section 90 of the Act prohibits a person from moving walking stock over a public road or travelling stock reserve except under the authority of a walking stock permit or grazing permit.

Section 93 of the Act empowers a board to issue grazing permits authorising the permit holders to graze their stock on travelling stock reserves under the board’s control.

Section 96 of the Act requires the person in charge of stock to display stock warning signs when stock are walking or grazing on or near a public road.

Section 98 of the Act deals with stock holding areas (which are areas designed to prevent stock from straying). The section prohibits a person in charge of stock from leaving the stock unattended at a place on a public road or travelling stock reserve other than a stock holding area or place specified in the relevant walking stock permit or in circumstances other than those prescribed by regulations under the Act.

PART 2—RURAL LANDS PROTECTION DISTRICTS AND
BOARDS

INTRODUCTORY NOTE

This Part contains provisions that supplement Part 2 of the Act (which deals with Rural Lands Protection Boards established by section 6 of the Act). Those provisions deal with the election of members of boards, including how candidates for election are to be nominated, the appointment of returning officers and polling clerks and their duties in connection with the holding of board elections and the procedures for holding those elections. The Part also deals with the proceedings of boards and sets out requirements about boards’ common seals. Other provisions are designed to supplement Division 7 of Part 2 of the Act (Financial provisions). Those provisions deal with boards’ accounting records and the appointment of auditors and their duties.

Division 1—Elections
Introductory Note

Section 14 (1) of the Act requires a board to hold a general election of directors of the board every 4 years. Section 14 (5) provides for the election (or failing election, the appointment) of directors to a board when a general election of directors has failed.

Definitions: election provisions

5. In this Division:
“candidate” means a candidate for election as a director of a board;

“election” means:

(a) a general election of directors of a board held or to be held under Division 4 of Part 2, or section 43, of the Act; or

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(b) an election held or to be held under that Division to fill a casual vacancy in the office of a director of a board;

“polling day” means the day fixed for the holding of a general

election or an election to fill a casual vacancy;

“returning officer” means the returning officer for an election.

Notes. Division 4 of Part 2 of the Act deals with the election of persons as directors of

boards.

Section 43 of the Act requires an administrator of a board’s affairs to hold a general election of directors when required to do so by the Minister.

Appointment of returning officer and poll clerk

6. (1) The secretary of a board is to be the returning officer for an election of directors, or a director, of that board.

(2) The Minister must appoint a person to be the returning officer for an election if no person holds office as secretary of that board or the person holding office as secretary is absent or is temporarily suspended from office.
(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. An administrator of the affairs of a board under section 42 of the Act may exercise the power of the chairperson of the board under this subclause.
(4) The returning officer for an election may appoint a person to be poll clerk to assist in the conduct of the election. (“returning officer” includes an acting returning officer.)

Note. Section 42 of the Act empowers the Governor to appoint a person to manage the affairs of a board in certain circumstances.

Closing date for nominations and notice of election

7. (1) As soon as practicable after being notified of the polling day and not less than 50 days before that day, the returning officer must fix a closing date for the nomination of candidates. That date must be at least 35 days before polling day.

(2) The returning officer must also give notice of:

(a) the election, specifying whether it is a general election or an election to fill a casual vacancy; and

(b) the date of the polling day; and

(c) the number of directors to be elected; and

(d) the place at which written nominations of candidates for election are to be lodged; and

(e) the closing date for the nomination of candidates.

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(3) The notice must be given by advertising it in at least one newspaper circulating in the district for which the election is to be held.

How candidates are to be nominated

8. (1) A candidate for a district or division of a district must be nominated in writing by not fewer than 2 persons each of whom is, at the time of nomination, enrolled to vote for the district, or for the division of the district, for which the election is to be held.

(2) A person nominated as a candidate must endorse the person’s 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 concerned at or before 4 p.m. on the closing date for nominations.

(4) An employee of a board is not eligible to be nominated as a candidate for election as a director of that board.

What happens after close of nominations

9. (1) If, at the close of nominations, the number of persons that have been duly nominated is 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 close of nominations, the number of persons that have been duly nominated is less than the number of directors to be elected, the returning officer must immediately declare each of the candidates to be elected as a director. Subject to section 14 (5) of the Act, the unfilled positions are to be dealt with as casual vacancies.
(3) If, at the close of nominations, the number of persons that have been duly nominated is greater than the number of directors to be elected, the returning officer must immediately make arrangements for a poll to be held for the election.

(4) Those arrangements include publishing notice of:

(a)	the election, specifying whether it is a general election or an election to fill a casual vacancy; and
(b)	the date of the polling day; and
(c)	the number of directors to be elected; and
(d)	the names of the persons nominated as candidates and, if the district is divided into divisions, the division for which each of those persons is nominated; and

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(e)	the place at which special enrolment applications are to be lodged; and
(f)	the closing date for lodging completed special enrolment applications.

That closing date must be at least 20 days before the polling day.
(5) The notice must be published by advertising it in at least one

newspaper circulating in the district for which the election is to be held.

What happens if candidate dies or withdraws consent to nomination

10. (1) If, on the closing date 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 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 date 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 the number of directors to be elected, the returning officer must declare each of the remaining candidates to be elected as a director. Subject to section 14 (5) of the Act, the remaining positions are to be dealt with as casual vacancies.

(3) If, on the closing date for lodging special enrolment applications, the number of candidates nominated for election has not been reduced to a number equal to or less than the number of directors to be elected, a poll must be taken to determine which of the candidates is or are to be elected.

(4) A candidate for election can withdraw consent to nomination but only by delivering to the returning officer a notice of withdrawal signed by the candidate.

Where roll of electors is to be kept

11. (1) A board must keep its roll of electors 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 electors at any time during which the board’s principal place of administration is open for business.

(3) The secretary or returning officer of a board may close the board’s roll of electors for inspection for a period not exceeding 48 hours:

(a) when the roll is being brought up-to-date; or

(b) when the roll is being used to prepare and dispatch ballot papers; or

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(c) when the roll is being used to prepare a copy for use in connection with an election.

(4) A board’s roll of electors may be kept in electronic form and may form part of any other record kept by the board.

Personal details of candidates to be sent to electors in certain cases

12. (1) The board, in the case of an election required to be held by a

board, or the administrator, in the case of an election required to be held by an administrator under section 43 of the Act, may direct that this clause apply to the election.

(2) When this clause applies to an election, the returning officer must notify each of the candidates for election that the candidate is entitled to submit to that officer by a date specified in the notice a summary of personal particulars of the candidate, not exceeding 250 words.

(3) The returning officer must send by post or deliver to the persons to whom ballot papers are required to be sent or delivered those summaries that have been submitted to that officer by the date referred to in subclause (2). Summaries may accompany the relevant ballot papers.

Note. Section 43 of the Act requires an administrator of a board’s affairs to hold a general election of directors when required to do so by the Minister.

How polling at election is to be conducted

13. (1) The poll for an election must be held in the manner specified in this clause.

(2) The returning officer must immediately after the closing date for
lodging completed special enrolment applications send by post or deliver

a ballot paper to every person who is entitled to vote at the election.

(3) A ballot paper must:

(a) be in accordance with Form 1; and

(b)	contain the full names and addresses of all the candidates for election; and
(c)	be signed or initialled by the returning officer before being issued to the elector.

(4) A ballot paper must also be accompanied:

(a) by an envelope addressed to the returning officer at the principal place of administration of the relevant board and endorsed with the words “[name of board] Rural Lands Protection Board Ballot Paper, Division [name of division]” and on which appear the words, legibly printed or written in a prominent position “Elector to sign here ......... ” and “Elector to print name here ......... ”; and

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(b) by another envelope endorsed with the words “[name of board] Rural Lands Protection Board Ballot Paper, Division [name of the division] ” .

(5) Each elector is entitled to cast one vote for each director to be elected at the election.

(6) An elector votes at an election:

(a)	by inserting a tick in the appropriate square located after the name of the candidate or candidates for whom the elector wants to vote (but so that the number of such candidates is not greater than the number of directors to be elected); and
(b)	by signing and printing his or her name in the space provided on the envelope referred to in subclause (4) (a).

(7) The elector must then:

(a)	place the ballot paper in the envelope referred to in subclause (4) (b); and
(b)	enclose that envelope in the envelope referred to in subclause (4) (a); and
(c)	send, by post or other means, or deliver the envelope containing the ballot paper to the returning officer, so that the returning officer can receive the ballot paper not later than the polling day.

(8) The returning officer must, immediately on receiving an envelope containing a ballot paper, deposit the envelope unopened in the ballot-box provided for the purpose.

(9) If an elector to whom a ballot paper has been sent or delivered satisfies the returning officer that:

(a) the ballot paper has been spoilt, lost, destroyed or mislaid; and

(b) the elector 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 elector.

(10) The returning officer must keep a record of all duplicate ballot papers that the returning officer issues under this clause.

(11) If an elector who is unable to read or write because of blindness tells the returning officer about the blindness before the closing of the poll and asks the returning officer to mark the ballot paper for the elector, the returning officer must mark the elector’s ballot paper as the elector directs. However, the marking of the ballot paper must take place in the presence of the poll clerk (if any) and of such of the scrutineers as are present or some other responsible person. The elector must personally seal down and post, or place in the ballot-box, the ballot paper marked in accordance with this subclause.

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(12) The returning officer must keep a record of all votes recorded in accordance with subclause (l1).

(13) The ballot paper of an elector who cannot write or cannot write
the characters of the English language is valid only if the mark on the

ballot paper is attested by a justice of the peace or the returning officer.

Duties of returning officer with respect to ballot-box

14. When presiding at an election, a returning officer is responsible

for:

(a)	providing a locked ballot-box with an opening capable of receiving the ballot papers; and
(b)	keeping the key to the ballot-box; and
(c)	ensuring the safe custody of the ballot-box until the close of the election.

Appointment of scrutineers

15. Each candidate may appoint one person (but no more) to be scrutineer at the place at which the ballot papers are to be counted. Such an appointment is effective only if it is in writing.

Candidates or candidate with most votes to be elected

16. (1) The candidates to be elected at an election as directors of the

board are the candidates who receive the highest numbers of votes for the
number of directors to be elected.

(2) This clause is subject to clause 20.

Examples: At a general election to fill the positions of all 8 directors of a board, the 8 candidates who receive the 8 highest numbers of votes are to be elected. At an election to fill a single casual vacancy as director of a board, the candidate to be elected is the one who receives the highest number of votes.

Returning officer to produce list of electors for scrutineers

17. Immediately before opening a ballot-box, the returning officer must produce for the information of the scrutineers an alphabetical list of all electors to whom ballot papers have been delivered or posted. The returning officer must sign the list.

When ballot papers to be treated as “informal”

18. At the scrutiny of the ballot papers, the returning officer must reject as informal every ballot paper that:

(a) does not comply with clause 13 (3); or
(b) is manifestly irregular; or

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(c)	has placed marks opposite the names of a greater number of candidates than the number of directors to be elected; or
(d)	is so inadequately filled out that the intention of the elector cannot be ascertained with certainty.

How votes cast at election are to be counted

19. (1) As soon as practicable after 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 by the returning officer in the presence of witnesses.

(3) After the ballot-boxes have been opened, the returning officer must, with the assistance of the poll clerk (if any), do the following:

(a) count the envelopes unopened and record the number counted;

(b)	in respect of each envelope bearing an elector’s signature, mark off the elector’s name appearing on the roll of electors 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 board] Rural Lands Protection Board Ballot Paper, Division [name of
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 are found to be informal;

(f)	count the number of formal votes recorded for each candidate, and make out and sign a written statement containing the number in words as well as figures, of the votes for each candidate;
(g)	arrange for the statement to be counter-signed by any scrutineers who were present at the counting and who consent to sign the statement.

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(4) As soon as practicable after the counting of the ballot papers is finished, the returning officer must:

(a) publicly declare:

(i) the numbers of votes cast for each of the candidates; and

(ii)  the name or names of the candidate or candidates elected; and

(b) then certify in writing:

(i)  the name or names of the candidate or candidates declared to be elected; and

(ii) the date of the declaration of the results of the election. Immediately afterwards, the returning officer must send by post or deliver the certificate to the chairperson (if any) of the relevant board. If an administrator of the affairs of a board is holding office under section 42 of the Act, the returning officer must send by post or deliver the certificate to the administrator.

Note. Section 42 of the Act empowers the Governor to appoint a person to manage the affairs of a board in certain circumstances.

What is to happen when votes are equal

20. (1) If at an election one position as director remains to be filled

after all of the votes have been counted and the number of votes for 2 or more candidates who are contending for that position is equal, the returning officer must decide by lot which of the candidates is to be elected.

(2) The returning officer must carry out the drawing of lots in the presence of the poll clerk (if any) and of such scrutineers as wish to be present.

(3) If no poll clerk or scrutineer is available, the returning officer must carry out the drawing of lots in the presence of some other responsible person.

Returning officer to publish result of election

21. As soon as practicable after declaring the result of an election, the returning officer must publish the result in at least one newspaper circulating in the district concerned.

Duties of returning officer after election

22. As soon as practicable after declaring the result of an election, the returning officer must do the following:

(a) make up in one packet all the ballot papers, and all envelopes (including those marked “informal”), together with the alphabetical list of electors signed by the returning officer;

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(b)	securely fasten and seal up the packet and permit the scrutineers present to seal the packet if they want to do so;
(c)	after sealing the packet, endorse on it a description of the contents and the name of the district concerned and the date of the poll;
(d)	sign the endorsement;
(e)	retain the sealed packet in a place of safe custody until the end of the next general election of directors for that board.

Offences relating to elections

23. (1) A person who votes more than once at the same election is

guilty of an offence, unless the person is qualified to vote in more than

one division and votes in each of those divisions only once.

Maximum penalty: 10 penalty units.
(2) A person who makes use of any ballot paper sent or delivered to

another person is guilty of an offence. Maximum penalty: 10 penalty units. (3) A person who allows the person’s ballot paper to be used by

another person is guilty of an offence. Maximum penalty: 10 penalty units. (4) A returning officer or any scrutineer who, in the performance of his

or her duties at or concerning an election, finds out the name of the candidate for whom an elector has voted at the election must not, by any means whatever, directly or indirectly divulge or help any other person to discover that information.

Maximum penalty: 10 penalty units.

(5) In proceedings for an offence against subclause (4), it is a defence

to prove that the information was given in answer to some question that

the returning officer or scrutineer is legally bound to answer.

(6) A scrutineer who:

(a) makes a mark on a list of electors used at an election; or

(b) makes a note or record, so that the candidate for whom an elector has voted at an election can be identified,

is guilty of an offence.
Maximum penalty: 10 penalty units.

Excluded dates for closing enrolments and candidates' nominations

24. For the purposes of section 16 (2) (b) of the Act, none of the days of July or August may be fixed as the closing date for lodging special enrolment applications or for the nomination of candidates.

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Note. Section 16 of the Act contains general provisions applicable to elections of directors of boards.

Administrator to hold general election of directors when directed

25. For the purposes of section 43 (3) of the Act, the prescribed period is 1 month.

Note. Section 43 of the Act requires an administrator of a board’s affairs to hold a general election of directors when directed to do so by the Minister.

Division 2—Proceedings of board

Proceedings of board: minutes and voting

26. (1) The person presiding at a meeting of a board:

(a) must ensure that the minutes of the previous meeting (if any) of the board are confirmed by the board; and

(b) must sign those minutes.

(2) A person presiding at a meeting of a board who, without reasonable excuse, fails to comply with subclause (1) 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.

What is to happen if votes for chairperson or deputy chairperson are equal

27. If, at a meeting of a board at which the chairperson or deputy chairperson of the board is to be elected, the number of votes for each of the directors nominated for election is equal, the question as to which of them is to be the chairperson or deputy chairperson is to be decided by lot.

Contents and use of board’s common seal

28. (1) The sed 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.

Note. Section 50 of the Interpretation Act 1987 requires every statutory corporation to have a seal.

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Division 3—Accounts

Board to keep accounts

29. (1) A board must ensure that its accounts are prepared in

accordance with the requirements of the following publications issued by the Australian Accounting Research Foundation, on behalf of the Australian Society of Certified Practising Accountants and the Institute of Chartered Accountants in Australia:

(a) Statements of Accounting Concepts; and

(b) Australian Accounting Standards,

as in force for the time being.

(2) In addition to the accounts required by section 30 of the Act, a board must include in, or attach to, those accounts any supplementary information of a kind notified to the board by the Minister, either generally by public notice or by a specific notice served on the board.

(3) The secretary of a board must present accounts of the board to each meeting of the board. Those accounts must:

(a) be in a form approved by the Minister; and

(b) be made up to the end of the month preceding the meeting at which they are to be presented.

(4) A board must ensure that its secretary complies with subclause (3).

Note. Section 30 of the Act quires a board to prepare an income and expenditure account and balance sheet within 3 months after the end of its financial year. The section also requires a board’s accounts to comply with requirements prescribed by regulations under the Act.

What can be paid out of board’s rural lands protection fund

30. 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. as

Note. Section 31 of the Act requires a board to maintain a rural lands protection fund.

Appointment of auditors

31. (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 remove an auditor of the board from office only on the ground that the auditor has:

(a)	failed to comply with a requirement or duty imposed on auditors by section 39 of the Act or clause 32 of this Regulation; or
(b)	become incapable of performing the duties of an auditor specified in those provisions.

(6) A resolution of a board purporting to remove an auditor from office does not take effect until approved by the Minister.

(7) An auditor of a board may resign office as auditor by notice in writing given to the board.

Note. Section 39 of the Act specifies powers and duties of a board’s auditor.

Duties of auditors

32. (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 a form approved by the Minister and include in the report any matters other than those so specified that, in the professional judgment of the auditor, call for special mention.

(2) The report must be in duplicate and each copy must have annexed to it, duly certified:

(a) a copy of the statement of accounts prepared in accordance with section 30 of the Act; and

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(b) a copy of the supplementary information prepared in accordance with clause 29 (2) of this Regulation.

Note. Section 30 of the Act requires a board to prepare an income and expenditure account and balance sheet within 3 months after the end of its financial year.

Interest rate on outstanding payments

33. (1) For the purposes of section 49 (1) of the Act, the prescribed rate of interest payable is 2 per cent more than the Commonwealth Bank's overdraft index rate as at 1 January in each year.

(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 end of the 30 days referred to in section 49 (1) (a) of the Act; and

• ending with the date (if any) on which the outstanding amount is paid.

Note. Section 49 of the Act enables a board to charge interest on outstanding accounts.

PART 3—RATES
INTRODUCTORY NOTE

This Part supplements the provisions of Part 4 of the Act, which enables boards to levy general rates, animal health rates and noxious weed control rates on ratable land within their districts.

Making and levying rates

34. (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.

Note. Section 53 of the Act empowers a board to levy general and animal health rates for the purposes of the Act.

Minimum stock units

35. 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 units

More ........................................................ 150

Warialda ................................................. 100

Note. Section 53 of the Act empowers a board to levy general and animal health rates
for the purposes of the Act.

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Returns of land and stock

36. (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, the prescribed date is 31 August in each year.

(3) For the purposes of section 57 (2) of the Act, the matters prescribed in relation to a person who occupies land within the relevant district are as follows:

(a) the full name of the occupier;

(b) the full address and telephone number (if any) of the occupier;

(c) the address of the land, if different from the address referred to in paragraph (b);

(d) the relevant rate assessment number; (e) a description of the land, including:

(i) the portion number or lot and deposited plan number; and

(ii)  the names of the parish and county where the land is located; and

(iii) the area of the land; and

(iv) the zoning classification of the land for the purposes of the Environmental Planning and Assessment Act 1979;

(f) the number of each category of stock (for example, horses or cattle) kept on the land;

(g) whether or not there is a feedlot or piggery on the land;

(h) brand and earmark designs of which the occupier is the registered proprietor;

(i)  tail tag numbers and pig brand numbers allocated to the occupier and recorded by the district registrar;

(j) if there are several occupiers of the land—the name of the occupier nominated for entry in the board’s roll of electors.

(4) For the purposes of section 57 (2) of the Act, 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 as follows:

(a)	the number of each category of stock (for example, horses or cattle) kept by the person within that district;
(b)	brand and earmark designs of which the person is the registered proprietor and which are recorded in the register kept by the district registrar;
(c)	tail tag numbers and pig brand numbers allocated to the person and recorded by the district registrar.

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(5) For the purposes of section 57 (2) of the Act, 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 as follows:

(a)	brand and earmark designs of which the person is the registered proprietor and which are recorded in the register kept by the district registrar;
(b)	tail tag numbers and pig brand numbers allocated to the person and recorded by the district registrar.

Note. Section 57 of the Act requires an occupier of land within a district to lodge with the board for the district an annual return of land and stock held on the land.

Notice to owner for information in respect of land and stock

37. (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:

(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.

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Note. Section 58 of the Act requires an occupier of land within a district to provide at the request of the board for the district information relating to the land and stock held on the land.

Appeal to local land board against determination of carrying capacity

38. (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 preparing a notice of appeal in accordance with a form approved by the Minister and lodging it with the registrar of the relevant local land board; and

(b) the prescribed fee is $50.

(2) A copy of the notice of appeal referred to in subclause (1) must be

served on the board for the district within which the relevant land 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 relevant land is located not less

than 7 days’ notice of the time fixed by that local land board for the

hearing of the appeal.

(4) In this clause, “relevant local land board” means:

(a)	in the case of land within the Eastern and Central Division—the local land board for the land district where the relevant land is located; and
(b)	in the case of land within the Western Division—the local land board for the administrative district where the relevant land is located.

Note. Section 61 of the Act confers on an owner or occupier of land within a rural lands protection district a right to a review of a board’s assessment of the carrying capacity of the land and, if dissatisfied with the board’s decision on review, a right to appeal to the relevant local land board.

Changes of occupancy of ratable land to be notified

39. The notice to be given under section 65 (1) of the Act must be in accordance with either Form 2 or a form that has a similar effect and be sent by post or given to the secretary of the board for the district within which the land concerned is located.

Note. Section 65 of the Act requires a person to give notice to the relevant board within 1 month after ceasing to be or becoming the occupier or owner of land within a district. Subsection (1A) of the section provides that the requirements of subsection (1) relating to change of ownership are satisfied if notice of the change is lodged with the Registrar- General within 1 month afterwards.

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Secretary to record changes of occupancy

40. 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

41. (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:

(a) $20 if the application is made before 1 January 1996; or
(b) $25 if the application is made on or after that date.

(2) If the applicant asks on the application form for a search to be

made under the Stock Diseases Act 1923 or the Stock (Chemical

Residues) Act 1975 and:

(a)	if the application is made before 1 January 1996—pays a fee of $35 (instead of $20); or
(b)	if the application is paid on or after that date—pays a fee of $45 (instead of $25),

the board concerned must also search for and provide details of any
current orders issued in respect of the land under those Acts.

Note. Section 66 of the Act makes an incoming occupier or owner of land within a district liable for any rates outstanding in respect of the land.

Appeal against validity of rate

42. 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 currently prescribed by the District Court (Fees) Regulations for the filing of a notice of appeal.

Note. Section 67 of the Act enables an occupier or owner of land to object to the validity of a rate levied on the land.

Prescribed rate for overdue rates

43. For the purposes of section 68 (1) of the Act, the prescribed rate per cent per year for overdue rates is 2 per cent more than the Commonwealth Bank’s overdraft index rate as at 1 January in each year.

Note. Section 68 of the Act enables a board to charge interest on overdue rates.

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Rate record

44. (1) For the purposes of section 74 (1) of the Act, the prescribed manner for keeping a rate record is by keeping it:

(a) in a book containing fixed or loose leaves; or
(b) as a series of cards; or
(c) as computerised records.

(2) For the purposes of section 74 (1) of the Act, the particulars to be

kept in a rate record are:

(a)	particulars of each parcel of land that is ratable and of the occupier or owner of the land; and
(b)	particulars of the amounts of general and animal health rates and other charges levied under the Act in respect of the parcel and of the dates on which the notices demanding payment of the rates or charges were served; and
(c)	particulars of amounts of rates and charges paid (including dates of payment), and of the amount of rates or charges remaining outstanding, in respect of the parcel.

(3) 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.

Note. Section 74 of the Act requires a board to keep a record containing prescribed particulars of all rates that the board levies.

Minimum area of ratable land

45. 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.

Board to forward meat industry levies to Meat Industry Authority

46. A board must twice each year, not later than 15 June and not later

than 15 September, forward to the Meat Industry Authority the amount of

all meat industry levies held by the board on the preceding 1 June and 1

September respectively, less the amount of commission that the Authority has allowed the board to retain.

Board to forward noxious insect levies to Director-General

47. A board must, not later than 15 September in each year, forward to the Director-General the amount of all noxious insect levies collected under section 146 of the Act and held by the board on the preceding 1 September.

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Note Section 146 of the Act enables the Minister to require a board to impose a levy on occupiers of ratable land within the board’s district to meet the cost of suppressing noxious insects.

Purposes for which information provided under section 57 or 58 of the Act may be used

48. 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)	determining whether the registration of a brand or earmark design, or other means of identifying stock, of which a person is the registered proprietor should be continued; and
(b)	facilitating the verification or amendment of the board’s roll of electors; and
(c)	providing a basis for determining the eligibility of an occupier of land to receive financial relief or assistance for drought or other natural disaster.

Notes. Section 57 of the Act requires an occupier of land within a district to lodge with the board for the district an annual return of land and stock held on the land.

Section 58 of the Act requires an occupier of land within a district to provide at the request of the board for the district information relating to the land and stock held on the land.

Certain areas to be exempt from rates
49. (1) For the purposes of section 75 of the Act, the following kinds of land are exempt from the operation of Part 4, and sections 137 and

146, of the Act:

(a) any part of ratable land used as a motel or as a caravan park;

(b) any part of ratable land on which a rifle range or buildings ancillary to the conduct of such a range is located.

(2) An occupier of land must, at the request of the board concerned, lodge with the board an annual return as required by section 57 of the Act even though the land is exempted under this section.

Notes. Section 57 of the Act requires an occupier of land within a district to lodge with the board for the district an annual return of land and stock held on the land.

Section 75 of the Act provides for certain land to be exempted from Part 4, and sections
137 and 168, of the Act.

Part 4 of the Act deals with the levying of general and animal health rates for the purposes of the Act.

Section 137 of the Act empowers a board to levy a special rate for the suppression and destruction of noxious animals.

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Section 146 of the Act enables the Minister to require a board to impose a levy on occupiers of ratable land within the board’s district to meet the cost of suppressing noxious insects.

Section 168 of the Act requires the purchaser or lessee of Crown land to make a payment for a barrier fence erected on the land.

PART 4—TRAVELLING STOCK RESERVES AND

TRAVELLING STOCK
INTRODUCTORY NOTE

This Part supplements Part 6 of the Act, which regulates the management and use of travelling stock reserves, the movement of stock animals over public roads and travelling stock reserves and the grazing of stock animals on such roads and reserves.

Division 1—General management of travelling stock reserves

Prescribed activities for purposes of section 86 of the Act

50. (1) For the purposes of section 86 of the Act, the following recreational activities are prescribed:

(a) walking, running and other kinds of individual physical exercise;

(b) horse riding;

(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 in the Western Division; 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.

Note. Section 86 of the Act entitles people to use a travelling stock reserve for certain recreational and other activities.

Offences on travelling stock reserves

51. (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:

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(a)	be on the reserve between sunset and sunrise; or
(b)	light a fire on the reserve at a site that is not designated for the purpose by the board; or
(c)	divert or in any other way interfere with the natural flow of water on the reserve; or
(d)	swim or bathe in a water tank or dam installed or constructed on the reserve; or
(e)	cause or permit large stock to be yarded in a sheep yard located on the reserve.

Maximum penalty: 5 penalty units.
(2) A person must not, except with the consent in writing of the board

concerned or as authorised by the Act, remove or cause to be removed from the reserve any water, soil, timber or other material from a travelling stock reserve.

Maximum penalty: 5 penalty units.
(3) A person must not, without the authority in writing of the board

concerned or other reasonable excuse, interfere with a structure, appliance or other article that forms part of or is lawfully on a travelling stock reserve. It is immaterial whether the structure appliance or article belongs to that board.

Maximum penalty: 10 penalty units.

(4) A person must not:

(a)	cause any nuisance or annoyance to a member of the public who is lawfully on a travelling stock reserve; or
(b)	without reasonable excuse, interfere with stock or beehives that are lawfully on the reserve.

Maximum penalty: 5 penalty units.
(5) 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 a 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.

Maximum penalty: 5 penalty units.

(6) A person must not fail to comply with a lawful direction given by a

director or employee referred to in subclause (5) to refrain from causing a

nuisance or annoyance:

(a) to a member of the public who is lawfully on a travelling stock reserve; or

(b) to stock or beehives that are lawfully on the reserve.

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Maximum penalty: 5 penalty units.

(7) If a person contravenes subclause (5) or (6), the director or employee concerned may use force (but no more than necessary in the circumstances) to remove the person from the reserve.

Note. Section 85 of the Act prohibits a person from using a travelling stock reserve except under a permit, licence or other authority issued under the Act.

Authorised uses for travelling stock reserves

52. (1) A person who, or a 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 subsection (1) of section 86 of the Act or prescribed by a regulation for the purposes of that subsection) may make an 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 (l), 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 obtained, or any bond required to be provided or entered into, with respect to the use of the reserve or part of the reserve for that activity.

(4) A board may impose a fee of not more than $30 for the issue of an authority.

(5) If an authority is issued subject to a condition or restriction imposed under subclause (3), the board concerned, or a director or authorised officer of that board, may revoke the authority on being satisfied on reasonable grounds 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 authorised officer of that board, produce the authority for inspection by the director or officer.

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(7) A person who, without reasonable excuse, fails to comply with a request made under subclause (6) is guilty of an offence.

Maximum penalty: 5 penalty units.

Note. Section 86 of the Act entitles people to use a travelling stock reserve for certain recreational and other activities.

Closure of travelling stock reserves for certain uses

53. (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:

(a)	the board that controls the reserve must erect on the reserve at all places on the reserve or part of the reserve at which access and egress are provided signs notifying persons that the reserve or part of the reserve is closed for specified activities;
(b)	while the signs are erected, the reserve or part is 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) The signs required by 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.

The letters and figures on the sign must be in red, superimposed on a beige background.

(3) A reserve or part of a reserve closed under section 87 of the Act does not cease to be closed only 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.

(4) A person who, without lawful authority, removes, damages or interferes with a sign erected under this clause is guilty of an offence.

Maximum penalty: 10 penalty units.

Note. Section 87 of the Act empowers a board to close a travelling stock reserve in certain circumstances.

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Notice to be given before applying pesticides to travelling stock reserves

54. (1) 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 by displaying weather-proof signs containing a warning that pesticides have been used on the reserve.
(2) The signs must be placed in conspicuous places on the reserve for not less than the following periods:

(a)	in the case of a pesticide the use of which requires the display of warning signs under an order in force under the Pesticides Act 1978 or a permit in force under the AGVET Code of New South Wales—for the minimum period specified for the pesticide in the order or permit;
(b)	in the case of any other kind of pesticide—for the period (if any) decided by the board concerned.

In making such a decision, that board must take into account any withholding period specified on the label registered or approved under that Act or Code for the pesticide.

(3) A person who, without lawful authority, removes, damages or

interferes with a sign erected under this clause is guilty of an offence.

Maximum penalty: 10 penalty units.

Note. Section 103 of the Act exculpates a board from liability in respect of the use of pesticides on travelling stock reserves.

Access to tanks on travelling stock reserves and stock watering places

55. If a main or conserving water tank is installed on a travelling stock reserve or stock watering place, a person having stock in his or her charge on the reserve at the place must ensure that the stock do not gain access to the tank, unless the written consent of the board having control of the reserve or place has first been obtained permitting the stock to have access to the tank.

Maximum penalty: 2 penalty units.

Restrictions on camping on travelling stock reserves
56. 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.

Maximum penalty: 10 penalty units.

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Use of water provided on travelling stock reserves

57. If, on a travelling stock reserve that is under the control of a board, 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 finished; and

(d) ensure that the trough and associated equipment are left in no worse condition than that in which they were found when that person arrived at the trough.

Maximum penalty: 10 penalty units.

Deduction from board’s reserves improvement fund or stock watering places fund for administrative expenses

58. 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-half 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.

Notes. Section 33 of the Act requires a board whose district is within the Eastern and Central Division of New South Wales to maintain an improvement fund for its travelling stock reserves.

Section 34 of the Act requires a board whose district is within the Western Division of

New South Wales to maintain a stock watering places fund.

Division 2—Stock transported by vehicle

Who is to be person in charge of stock transported by vehicle?

59. 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

60. 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 being transported to or from any agricultural show, exhibition, gymkhana, pony club meeting or similar function;

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(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 or the Australian Capital Territory and travel within New South Wales for up to 30 kilometres before immediately proceeding back into the other State or that Territory;
(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 glace for use as working horses.

Note. Section 88 of the Act imposes restrictions on the movement of stock by vehicular transport.

How transported stock statements are to be filled out

61. (1) For the purposes of section 89 of the Act, part 1 of a transported stock statement may be filled out and signed only by:

(a)	the owner of the stock concerned or an employee or agent of that owner; or
(b)	the owner of a registered livestock carrying vehicle that is, with the authority of the owner of the stock concerned, used to transport that stock.

(2) Any person who fills out or signs part 2 of a transported stock statement is guilty of an offence if the person is not the driver of the vehicle used to move the stock to which the statement relates.

Maximum penalty: 10 penalty units.
(3) A transported stock statement is not valid unless:

(a) it is in accordance with Form 3; and

(b) the stock that are to be, are being or have been moved are the stock described in the statement.

(4) A board or an authorised officer of a board may issue a transported stock statement form 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 means of rail, water or air transport. Transported stock statement forms may be issued in books of forms or as individual forms.

(5) A person who returns unused transport stock statement forms to the board that issued them is entitled to a refund of the cost of the forms.

Note. Section 89 of the Act deals with the issue of transported stock statements.

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How used transported stock statements are to be distributed and disposed of

62. (1) If part 1 of a transported stock statement relating to stock is filled out by a person other than the carrier of the stock, the person must give part 1 of the original statement to the carrier and retain the copy. If the carrier of the stock fills out the statement, the carrier must retain the original statement and the copy, until the movement of stock is completed.

(2) A person to whom transported stock statements have been issued must retain the copies of them for at least 3 years from the date of their issue and must produce them for inspection if asked to do so by the board concerned, an authorised officer of that board or a police officer.

Maximum penalty: 2 penalty units.

Fees payable for transported stock statements

63. (1) The maximum fee that may be determined under section 89 (2) of the Act for a transported stock statement form is $1.

(2) The fee determined by a board under section 89 (2) of the Act is payable when a book of transported stock statement forms or an individual transported stock statement form is issued.

(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.

Note. Section 89 of the Act deals with the issue of transported stock statements.

No remuneration to be paid for issue of transported stock statement

64. No remuneration is payable to a permit officer for the issue of a

transported stock statement.

Person in charge of transported stock to give name and other particulars

65. (1) If an authorised officer of a board or a police officer requests the person in charge of stock that are on a public road or travelling stock reserve to give the person’s name or address, that person must comply

with the request.

(2) A person who:

(a) fails to comply with a request under subclause (1); or

(b)	in response to the request, gives a name or address that to the person’s knowledge is false or misleading,
is	guilty of an offence. Maximum penalty: 10 penalty units.

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Division 3—Walking and grazing stock

Prescribed form for waking stock permits

66. For the purposes of section 92 (5) of the Act, Form 4 is the prescribed form.

Note. Section 92 of the Act deals with the issue of walking stock permits.

Exemptions: walking stock permits

67. For the purposes 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 and the number of horses does not exceed twice the number of 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.

Note. Section 90 of the Act prohibits stock from being walked over public roads and travelling stock reserves except under the authority of a walking stock permit. Subsection (11) of that section states that the section does not apply to the movement of stock within certain kinds of holdings or in circumstances specified in regulations under the Act.

Fees payable for walking stock permits
68. (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)	50 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)	50 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:

(a) for unsold stock which are returning from a sale to the place from which they were moved for that purpose, but only if the length of the journey in that case does not exceed 10 kilometres;

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(b)	for unweaned calves, foals, lambs, fawns or kids under 6 months old when travelling with their mothers;
(c)	for stock that are travelling through New South Wales from another State or the Australian Capital Territory to a destination in that other State or that Territory when the total distance travelled or to be travelled in New South Wales does not exceed 5 kilometres.

(3) 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 relevant board or an authorised officer of that board, suffering from a contagious disease.

Note. Section 92 of the Act deals with the issue of walking stock permits.

Walking stock permit books to be returned to board

69. (1) An authorised officer of a board who is in possession of a book from which all the walking stock permit forms have been issued must return the book to the board within 60 days after the last of those forms was 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 be given advance notice of proposed travel of walking stock

70. (1) If stock are to be moved over a public road or travelling stock reserve and the journey will last more than 24 hours, the person in charge of the stock must notify the proposed journey to a ranger employed by, or the secretary of, the board for the district in which the journey is to start. The notification must be given at least 48 hours before the start of the journey.

Maximum penalty: 5 penalty units.

(2) If stock are to be moved over a public road or travelling stock reserve and the stock will, during their journey, enter a district other than the one in which the journey started, the person in charge of the stock must notify a ranger employed by, or the secretary of, the board for the district that the stock are about to enter the district. The notification must be given at least 48 hours before the stock enter the district.

Maximum penalty: 5 penalty units.
(3) Notice under this clause may be given orally or in writing.

1995—No. 518

Restrictions on walking stock on certain roads and reserves

71. (1) If:

(a)	a part of a public road or travelling stock reserve over which it is proposed to walk stock intersects or adjoins a holding; and
(b)	the part of the road or reserve is not separated from the holding by a fence that is sufficient to prevent the encroachment of the stock onto the holding,

the person in charge of the stock must ensure that at least 24 hours oral or written notice of the intention to walk the stock by or through the holding is given to its occupier.

Maximum penalty: 5 penalty units.

(2) If:

(a)	stock are being walked over a part of a road or travelling stock reserve; and
(b)	a holding that intersects or adjoins the road or reserve is not separated from the road or reserve by a fence,

the person in charge of the stock must take all reasonable steps to prevent stock from trespassing onto, or becoming mixed with any stock on, the holding.

Maximum penalty: 5 penalty units.

Walking stock to follow specified mute
72. (1) Travelling stock moved under the authority of a walking stock permit may be moved only by the route specified on the permit.
(2) A person who moves travelling stock, or causes travelling stock to be moved, 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.

Route for walking stock may be varied in certain cases
73. (1) A person in charge of stock being moved on a journey for which a walking stock permit is issued may change the route or destination specified in the permit only with the approval of an authorised officer of the board for the district where the stock are located at the relevant time.

(2) Approval may be given only if the authorised officer is satisfied that the change is required:

(a) for the purpose of moving the stock to another destination (irrespective of whether the destination shown on the permit has been reached); or

1995—No. 518

(b) because for an adequate reason the route specified in the permit cannot be followed.

(3) It is a condition of such an approval that the person in charge of the

stock:

(a) obtains a new walking stock permit; and (b) pays the appropriate fee for that permit. (4) The new permit comes into effect from the point at which the

change of route to the destination specified in the new permit begins.

(5) If a new walking stock permit is issued under this clause, the owner of the stock is entitled to a refund of the travelling stock fees for any distance not travelled under the previous permit.

(6) If only some of the stock referred to on the previous permit are moved to a different destination or over a different route, the refund payable under this clause is to be reduced proportionately.

(7) If the route specified in a walking stock permit is one that passes through land:

(a) quarantined under the Stock Diseases Act 1923; or

(b) on which stock infected within the meaning of that Act have been quarantined,

an authorised officer of the board concerned may order the route to be changed. In that case no additional fee is payable in respect of the changed route.

(8) 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 consecutive days elsewhere than on a public road or travelling stock reserve. However, an authorised officer of the board for the district in which the stock are held may approve the resumption of the journey under the authority of the same walking stock permit by making an appropriate endorsement on the permit (and may do so even though the permit is no longer in force).

(9) A board:
(a) may in circumstances that it decides are special; and
(b) must if directed by the Minister,

remit or waive any fee that would, apart from this clause, be payable to the board under section 92 of the Act for the movement of walking stock within its district.

Note. Section 92 of the Act deals with the issue of walking stock permits.

1995—No. 518

Permitted hours for walking stock

74. (1) A person must not move stock by walking them over a public road or travelling stock reserve during the period between sunset and sunrise on the following day.

Maximum penalty: 10 penalty units.
(2) However, a person in charge of dairy cows for which a walking

stock permit or stock licence is issued may move those cows and their calves over a public road or travelling stock reserve during that period, but only if:

(a)	they are on the road or reserve for the shortest practicable distance between the start of their journey and their destination; and
(b)	appropriate stock warning signs are displayed in accordance with clause 82 or 83, as the case requires.

(3) A person in charge of stock who moves cows or their calves over a public road or travelling stock reserve in contravention of subclause (2) is guilty of an offence.

Maximum penalty: 10 penalty units.

Prescribed rate of travel of walking stock to be maintained

75. (1) When stock are walking on a journey lasting more than 24
hours, the person in charge of the stock must ensure that, during each

successive period of daylight, the stock travel towards their destination:

(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:

(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:

(c)	a distance averaging 16 kilometres if the stock consist wholly of large stock; or
(d)	a distance averaging 10 kilometres if the stock consist wholly of small stock or partly of large stock and partly of small stock.

1995—No. 518

(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; or
(b)	approval for slow travel has been given in respect of the stock under subclause (4); or

(c) clause 79 (5) applies to the movement of the stock.

Maximum penalty: 10 penalty units.

(4) An authorised officer of a board may give approval for stock to be walked at rates of travel slower than those referred to in subclauses (1 ) and (2):

(a) if the stock are unfit to travel at the prescribed rate of travel; or

(b) for any other reason that the authorised officer considers to be valid.

(5) An authorised officer who has given approval under subclause (4) must write details of the approval on the permit, together with any conditions subject to which the approval is given.

(6) If part of a mob consists of stock fit to travel at the rate prescribed by this clause and other stock that are unfit to travel at that rate, an authorised officer of the board concerned may:

(a) order the unfit stock to be culled from the mob; or

(b) permit those stock to travel at a slower rate.

(7) The person in charge of stock that are ordered to be culled under subclause (6) must ensure that the stock are immediately removed from the public road or travelling stock reserve on which they were travelling. The removal may be either by vehicle or by any other appropriate means.

Maximum penalty: 10 penalty units.

(8) The person in charge of stock for which a fresh permit endorsed for slow travel is issued must ensure that the appropriate charges for the permit are paid to an authorised officer of the board concerned.

Maximum penalty: 10 penalty units.

(9) An authorised officer of the board concerned may impound stock if the person in charge of the stock fails to pay the charges required by subclause (8).

1995—No. 518

When walking stock regarded as trespassing on road or travelling stock reserve

76. (1) Whenever:

(a) stock 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)

the stock are, for the purposes of the Act, to be regarded as trespassing on
the road or reserve.

neither the owner of the stock nor the person in charge of the stock has obtained approval for slow travel under clause 75 or, if that approval has been obtained, the conditions or restrictions of the approval have not been or are not being complied with,

(2) Whenever any such stock are regarded as trespassing on a public road or a travelling stock reserve, an authorised officer of 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 Part 7 of the Act.

Note. Part 7 of the Act deals with the impounding of abandoned or trespassing animals.

Agistment fees to be paid for certain walking stock

1995—No. 518

PART 3—DETERRENT FEES

(Cl. 110 (2) (b) (ii))

Column 1 Column 2

Description of animals impounded For animals impounded on a 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 the same	(a)	if the number of animals impounded
person impounded on the same occasion	is not more than 20—$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 100—$20;
(d)	if the number of animals impounded is more than 100—$10 for each 100 animals or part of that number.

SCHEDULE 5—PARTICULARS TO BE INCLUDED IN CERTAIN FORMS

PART 1—APPLICATION FOR REGISTRATION

(Cl 143, 145, 146, 154)

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.  A statement as to whether the applicant is applying to be 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; or
(d) a brand design for use on small stock; or
(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.

1995—No. 518

PART 5—TRANSFER OF BRAND AND EARMARK DESIGNS

(Cll. 147, 155)

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.

PART 3—APPLICATIONS FOR REGISTRATION OF DESIGN BELONGING

TO DECEASED PROPRIETOR

(Cl. 166)

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 proprietor.

7.  Particulars sufficient to identify any holding (being a holding located in the district concerned) on which the beneficiary keeps stock.

1995—No. 518

SCHEDULE 6—CHARACTERS TO BE USED IN BOARD BRAND

DESIGNS TO IDENTIFY RURAL LANDS PROTECTION DISTRICT

(Cl. 144 (1) (a))

1995—No. 518

SCHEDULE 7—CHARACTERS TO BE USED IN BOARD BRAND
DESIGNS TO IDENTIFY PROPRIETORS

(Cl. 144 (1) (b))

LMNOP

R S T U V w x Y z 1

2 3 4 5 6

789

1995—No. 518

1995—No. 518

SCHEDULE 8—PARTS OF LARGE STOCK ANIMALS ON WHICH

REGISTERED BRAND DESIGNS MAY BE PLACED

(Cl 149, 151)

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

follows:

(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 must be applied in the order set out in subclause (l) so that the first such design appears on the left shoulder of the horse, the second appears on the right shoulder and so on.

Application to cattle of registered brand designs

2. (1) The parts of cattle on 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 be applied 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 proposed 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.

1995—No. 518

SCHEDULE 9—NAMES, SHAPES AND SIZES OF EARMARK DESIGNS

(CII. 150, 158)

No

I	20	I3	35
2	20	20	35
3	16	13	35
4	26	m	40
5	32	m	40
6	M	10	40
7	20	I3	35
8	26	16	40
9	M	13	35
10	m	m	35

1 1 13 13 35

12	20	I3	40
I3	26	I3	45
14	M	13	35
IS	28	20	45
16	20	16	35

1995—No. 518

length not

No.

E

17	M	13	40	25
18	32	13	40	25
19	20	16	40	M
20	20	10	35	30
II	16	13	35	M
22	16	I3	35	M
23	23	13	40	M
I4	20	20	45	45
25	20	13	35	35
26	16	13	40	40
27	20	10	40	20
28	20	13	35	25
29	m	13	35	25
M	20	13	35	25

31	26	10	35	25
32	20	I3	35	30
33	20	16	45	35
34	23	20	45	35
35	23	13	45	30
36	16	I3	40	M
L

1995—No. 518

Cattle

m Width not length not Width a

exceeding exceeding

exceeding mm mm

37	16	I3	40	M
38	20	I3	40	M
39	20	16	35	25
40	m	13	35	25
41	20	I 3	35	30)
42	16	7	35	25
43	16	I 3	35	35
44	16	10	35	25

45	16	16	35	35
46	16	16	35	35
47	16	16	35	35
48	20	I3	40	25
49	20	20	45	35
50	13	13	35	35

51	13	I3	20	M
52	20	13	40	20
53	23	13	40	25
54	20	I3	35	25
55	20	13	35	35
56	20	13	35	30

1995—No. 518

No

exceeding	exceeding
mm	mm

57	20	16	35	35
58	16	I3	3s	35
59	16	16	40	35
60	16	I3	40	35
61	16	I3	35	48
62	16	13	35	35
63	20	I3	35	35
64	16	10	40	30
65	20	I3	40	20
66	26	I3	4s	20
57	23	13	40	20
58	26	M	35	35
59	16	10	3s	25
70	16	10	35	20

71	23	10	45	20
72	20	I3	35	30
73	20	7	45	25
74	20	I3	35	45
75	20	16	35	40
76	20	13	3s	35

1995—No. 518

No

m

77	16	16	45	45
78	16	13	40	35
79	20	13	35	30
80	16	13	40	35
81	20	I3	45	35
82	20	m	40	40
83	16	13	35	35
84	26	4	40	6
85	20	4	3s	6
B6	23	4	40	6
B7	20	4	35	6
B8	39	4	50	6
B9	64	5	65	6
90	I6	13	35	35

91	20	I3	3s	30
92	I3	13	20	20
93	13	13	35	35
94	m	20	40	40
95	20	20	45	45
96	16	13	35	35

1995—No. 518

No. Width
mm

97	16	13	40	35
98	26	13	45	35
99	23	I3	45	35
100	M	16	40	35
101	13	I3	40	35
l02	16	13	40	35
l03	16	13	35	35
104	20	I3	40	35
105	23	10	40	25
106	16	13	35	35
107	20	13	40	35
108	20	I3	40	35
109	20	I3	40	35

110	16	I3	35	35
111	16	I3	35	35
112	20	I3	35	35
113	20	13	35	35
I 114	23	13	40	35

1995—No. 518

The V I I 5 16 16 35 35

The V and slits	I16	m	16	45	35
The V a d slits	117	20	16	40	35
The V and swallowtails	118	20	16	10	35

The W 119 20 20 35 35

The W inverted	120	23	13	40	34
The W a d slit	121	26	13	45	35
The wine glass	I22	20	I3	40	35
They	I23	16	13	35	35
T h e 3	I24	20	I3	40	35
The6	I25	20	13	40	35
I26	16	I 2	35	20

127	16	12	35	20
128	23	12	40	M
I29	m	I2	40	25
1 3 0	20	12	40	25
131	20	16	40	30
132	20	20	40	35

1995—No. 518

No Length not

mm

133	20	20
I34	I2	16
I35	16	12
I36	16	12
137	16	I2
I38	16	12
1639	20	12
140	20	16
141	20	12
142	I6	16
143	16	12
144	16	12
4s	M	16

1 4 6 20 16

1995—No. 518

SCHEDULE 10—PENALTY NOTICE OFFENCES AND SHORT

DESCRIPTIONS

(Cll 171, 172)

PART 1—PRESCRIBED OFFENCES UNDER THE ACT

Column 1	Column 2	Column 3
Section	Offence	Amount

57 (4)	Failing to lodge annual return on time .........................	$100
60 (2)	Taking Crown land on tenure without lodging surety	$200
65 (2)	Failing to notify relevant board of change of occupancy/ownership of ratable land as required by section 65 (1) of the Act ......................................................	$200
65A (1)	Failing to notify relevant board of change of postal
address of occupier of ratable Iand/owner of stock	$100
65A (2)	Failing to notify relevant board of person’s postal address on becoming occupier of ratable landowner of stock ...........................................................................	$100
65A (3)	Failing to notify relevant board of change of postal address of registered proprietor of means of identification of stock (registered stock brand or earmark design).....................................................................	$100
85 (1)	Entering/remaining on/occupying/making use of/ engaging in activity that damages/is likely to damage travelling stock reserve, except with appropriate authority............................................................................	$300
88 (2) (a)	Conveying stock by vehicle over public road
travelling stock reserve without appropriate authority	$100
88 (2) (b)	Consigning stock by rail/water/air transport, without
appropriate authority ...........................................................	$100
88 (3)	Failure of person conveying/consigning stock to

ensure that conditions of relevant authority are

complied with ...................................................................... $100

88 (5)	Failure of person in charge of stock to comply with
requirement of section 88 (4) of the Act ........................ $200
88 (8)	Failure of person in charge of stock to comply with request of prescribed officer under section 88 (6)/(7) of the Act ............................................................................. $200
90 (2)	Failure of owner/person in charge of walking/grazing stock to ensure stock do not walk/graze on public road/travelling stock reserve except under appropriate authority........................................................................... $300
90 (4)	Failure of holder of walking stock/grazing permit to ensure conditions/restrictions of permit are complied with .................................................................................. $200

1995—No. 518

93 (9)	Failure to remove grazing stock from travelling stock reserve in accordance with notice under section 93 (8) of the Act ..............................................................................	$200
96 (3)	Failure of person in charge of stock to display/remove stock warning signs as required by section 96 (1)/(2) of the Act.........................................................................	$100
98 (10)	Leaving stock unattended on public road/travelling
stock reserve otherwise than in stock holding area......	$200
105 (l)	Erecting/placing structure on travelling stock reserve
without authority of relevant board .................................	$300
106 (1)	Leaving rubbish/carcass on travelling stock reserve/
abandoning thing on travelling stock reserve ................	$200
112 (1)	Abandoning stock on public road/public land .............	$500
113 (1)	Allowing stock to trespass on public road/reserve..........	$200

116 (2) Releasing/inciting/assisting person in releasing

impounded animal without authority .............................. $500

125 (l)	Polluting/interfering with source of water supply for
stock watering place ........................................................ $500
126 (4)	Failure of occupier of land to suppress and destroy
noxious animals ............................................................ $200
127 (4)	Failure of owner/occupier of land to comply with order of relevant board to suppress and destroy noxious animals by prescribed method .......................... $500
129 (2)	Failure of driver of vehicle to comply with requirement to stop vehicle believed to contain feral pig................................................................................... $500
129A (3)	Failing to comply with instruction regarding
destruction of noxious animal ........................................ $500
131 (11) (a)	Keeping noxious animal without Minister’s
permission...................................................................... $100
131 (11) (b)	Failing to comply with condition of Minister’s
permission...................................................................... $100
133 (2)	Liberating lawfully kept noxious animal ....................... $500
133 (4)	Conveying live feral pig without Minister’s
permission........................................................................ $500
140 (2)	Failure of occupier of land to comply with notice requiring noxious insects to be suppressed and destroyed......................................................................... $200
141 (4)	Failure of occupier of land to suppress and destroy noxious insects in accordance with order of relevant board................................................................................ $500
142 (4)	Failure of occupier of land to comply with requirements of notice published by relevant board relating to noxious insects ............................................. $200
189 (2)	Failure of owner of small stock to ensure that brand/ earmark not applied to those stock unless brand/ earmark is of registered design ...................................... $200
199 (1) (a)	Unauthorised application of brand/earmark by
proprietor of brand/earmark design ............................... $500

1995—No. 518

199 (1) (b)	Application of brand/earmark of design by person
who is not proprietor of design ...................................... $100
199 (1) (c)	Unauthorised application of brand/earmark of
unregistered design ........................................................ $100
199 (1) (d)	Destroying/defacing brand applied to stock. ................. $100
199 (1) (e)	Altering earmark applied to stock .................................. $100
199 (1) (f)	Unlawfully applying additional earmark to stock ......... $100
199 (1) (g)	Altering brand on stock .................................................. $100
199 (1) (h)	Cutting off/cutting out more than onequarter of ear of
stock................................................................................. $100
199 (1) (i)	Applying registered earmark with unauthorised
instrument........................................................................ $100
202 (7)	Failing to give notice of muster to occupier of
adjoining holding ............................................................ $100
202 (8)	Failing to allow occupier of adjoining holding to
attend muster .................................................................. $100

PART 2—PRESCRIBED OFFENCES UNDER THE REGULATION

Column 1	Column 2	Column 3
Section	Offence	Amount

51 (1) (a)	Being on travelling stock reserve at night without
lawful authority ............................................................. $100
51 (1) (b)	Lighting fire on travelling stock reserve at non-
designated site without lawful authority ........................ $100
51 (1) (c)	Diverting/linterfering with natural flow of water on
travelling stock reserve without lawful authority.......... $100
51 (1) (d)	Swimming/bathing in water tank/dam on travelling
stock reserve without lawful authority .......................... $100
51 (1) (e)	Causing/permitting large stock to be yarded in sheep yard on travelling stock reserve without lawful authority ......................................................................... $100
51 (4) (a)	Causing nuisance/annoyance to person on travelling
stock reserve.................................................................. $100

51

(4) (b)

Interfering with stock/beehives on travelling stock

reserve ........................................................................... $100

51

(5) 51 (6)

Refusing to comply with lawful direction to leave

travelling stock reserve .................................................	$100
Failure to comply with direction to refrain from causing nuisance or annoyance on travelling stock reserve ............................................................................	$100

52 (7)

Failing, without reasonable excuse, to produce on request authority issued under section 86 (3) of the Act .................................................................................. $100

53 (4)

Removing/damaging/interfering with travelling stock

reserve closure sign without lawful authority ............... $100

1995—No. 518

54 (3)	Removing/damaging/interfering with pesticide
warning sign on travelling stock reserve without
lawful authority ........................................................... $100
55	Failing to ensure that stock do not gain access to
water tank on travelling stock reserve ........................ $100
56	Unauthorised camping/remaining on travelling stock
reserve ......................................................................... $200
57 (a)	Failure of person in charge of stock to ensure water
provided at trough on travelling stock reserve not
wasted.......................................................................... $200
57 (b)	Failure of person in charge of stock to supervise flow
of water into trough on travelling stock reserve .......... $200
57 (c)	Failure of person in charge of stock to turn off trough
stopcock on travelling stock reserve .......................... $200
57 (d)	Failure of person in charge of stock to ensure trough/ equipment associated with trough on travelling stock reserve left in reasonable condition after use ............. $200
62 (2)	Failing to retain copies of used transported stock statements for required period/failing to produce copies of transported stock statements for inspection when required. ............................................................ $100
70 (1)	Failure of person in charge of stock to give notice of
proposed travel of walking stock................................. $100
70 (2)	Failure of person in charge of stock to give notice of
proposed entry of walking stock into another district $100
72 (2)	Moving/causing movement of/stock along route other
than specified route...................................................... $200
75 (7)	Failure to comply with order of authorised officer to
cull stock from mob .................................................... $200
75 (8)	Failure to pay appropriate charges when fresh permit
endorsed for slow travel issued ................................... $200
79 (1)	Failure of person in charge of stock to place stock in
available stock holding area at night ........................... $100
79 (3)	Failure of person in charge of stock to ensure that portable holding structure is erected at least 1 metre

from permanent fence................................................... $100

79 (4)	Failure of person in charge of stock to erect appropriate signs when stock halted at night otherwise than in stock holding area ................................................	$200
79 (5)	Failure of person in charge of stock to ensure that
stock halted away from carriageway of road ..............	$100
81	Failure of person in charge of stock to ensure stock do not camp on public road or travelling stock reserve during short journey .......................................................	$200
82 (2) (a)	Failure of person in charge of stock to ensure that
stock warning signs face approaching traffic .............	$100
82 (2) (b)	Failure of person in charge of stock to display stock
warning sign sufficient distance from stock ................	$100

1995—No. 518

Failure of person in charge of stock to ensure stock

82  (2) (c)

warning sign placed not more than 5 kilometres from

stock ................................................................................. $100

82	(2) (d)	Failure of person in charge of stock to ensure
particulars of stock warning sign are visible to drivers $100
82	(2) (e)	Failure of person in charge of stock to ensure removal
of stock warning signs after stock have left road......... $100
82	(2) (f)	Failure of person in charge of stock to ensure stock
warning sign complies with construction requirements $100

83 (2) (a)	Failure of person in charge of stock to display stock
warning sign at required place .................................... $100
83 (2) (b)	Failure of person in charge of stock to ensure
particulars of stock warning sign are visible to drivers $100
83 (2) (c)	Failure of person in charge of stock to ensure stock
warning sign complies with construction requirements $100
84 (2) (a)	Failure of occupier of land to ensure stock warning signs for unfenced grazing land are permanently displayed ........................................................................... $100
84 (2) (b)	Failure of occupier of land to ensure distance between stock warning signs for unfenced grazing land does not exceed specified distance ...................................... $100
85 (1)	Failing to ensure that stock warning sign displayed at
night is made of reflective material ............................ $100
89 (3)	Failure of person in charge of stock to keep stock under adequate control while on public road or travelling stock reserve ........................................... $200
90 (3)	Failure of person in charge of stock to comply with direction of authorised officer under clause 90 (1) (direction to reduce dispersal of stock)....................... $200
91 (3)	Failure of person in charge of walking stock to
comply with condition of walking stock permit....... $200

NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.     Citation

2.      Commencement

3.      General definitions

4.      Extended definition of “stock”

PART 2—RURAL LANDS PROTECTION DISTRICTS AND

BOARDS

Division l—Elections

5.      Definitions: election provisions

6.     Appointment of returning officer and polling clerk

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7.        Closing date for nominations and notice of election

8.        How candidates are to be nominated

9.        What happens after close of nominations

10.      What happens if candidate dies or withdraws consent to nomination

11.      Where roll of electors is to be kept

12.      Personal details of candidates to be sent to electors in certain cases

13.      How polling at election is to be conducted

14.      Duties of returning officer with respect to ballot-box

15.      Appointment of scrutineers

16.      Candidates or candidate with most votes to be elected

17.      Returning officer to produce list of electors for scrutineers

18.      When ballot papers to be treated as “informal”

19.      How votes cast at election are to be counted

20.       What is to happen when votes are equal

21.       Returning officer to publish result of election

22.       Duties of returning officer after election

23.       Offences relating to elections

24.       Excluded dates for closing enrolments and candidates’ nominations

25.       Administrator to hold general election of directors when directed

Division 2—Proceedings of board

26.       Proceedings of board: minutes and voting

27.       What is to happen if votes for chairperson or deputy chairperson are equal

28.       Contents and use of board’s common seal

Division 3—Accounts

29.       Board to keep accounts

30.       What can be paid out of board’s rural lands protection fund

31.       Appointment of auditors

32.       Duties of auditors

33.       Interest rate on outstanding payments

PART 3—RATES

34.	Making and levying rates
35.	Minimum stock units
36.	Returns of land and stock
37.	Notice to owner for information in respect of land and stock
38.	Appeal to local land board against determination of carrying capacity
39.	Changes of occupancy of ratable land to be notified
40.	Secretary to record changes of occupancy
41.	Property search inquiries
42.	Appeal against validity of rate
43.	Prescribed rate for overdue rates
44.	Rate record
45.	Minimum area of ratable land
46.	Board to forward meat industry levies to Meat Industry Authority
47.	Board to forward noxious insect levies to Director-General
48.	Purposes for which information provided under section 57 or 58 of the Act may be used
49.	Certain areas to be exempt from rates

1995—No. 518

PART 4—TRAVELLING STOCK RESERVES AND

TRAVELLING STOCK

Division 1—General management of travelling stock reserves

50. Prescribed activities for purposes of section 86 of the Act

51.       Offences on travelling stock reserves

52.       Authorised uses for travelling stock reserves

53.       Closure of travelling stock reserves for certain uses

54.       Notice to be given before applying pesticides to travelling stock reserves

55.       Access to tanks on travelling stock reserves and stock watering places

56.       Restrictions on camping on travelling stock reserves

57.       Use of water provided on travelling stock reserves

58.       Deduction from board’s reserves improvement fund or stock watering places fund for administrative expenses

Division 2—Stock transported by vehicle

59.       Who is to be person in charge of stock transported by vehicle?

60.       Exemptions: transported stock statements

61.       How transported stock statements are to be filled out

62.       How used transported stock statements are to be distributed and disposed of

63.       Fees payable for transported stock statements

64.       No remuneration to be paid for issue of transported stock statement

65.       Person in charge of transported stock to give name and other particulars

Division 3—Walking and grazing stock

66.       Prescribed form for walking stock permits

67.       Exemptions: walking stock permits

68.       Fees payable for walking stock permits

69.       Walking stock permit books to be returned to board

70.       Ranger to be given advance notice of proposed travel of walking stock

71.       Restrictions on walking stock on certain roads and reserves

72.       Walking stock to follow specified route

73.       Route for walking stock may be varied in certain cases

74.       Permitted hours for walking stock

75.       Prescribed rate of travel of walking stock to be maintained

76.       When walking stock regarded as trespassing on road or travelling stock reserve

77.       Agistment fees to be paid for certain walking stock

78.       Agistment fees payable in other cases

79.       Walking stock to be held in stock holding area at night

80.       Signs required for stock holding area

81.       Stock not to camp on road or travelling stock reserve during short distance travel

82.       Requirements for display of stock warning signs on public road when stock moved more than 1 kilometre

83.       Requirements for display of stock warning signs on public road when stock moved not more than 1 kilometre

84.       Requirements for display of stock warning signs when unfenced road passes through certain land

85.       Requirements for stock warning signs to be displayed at night

86.       Stock warning signs to apply to stock animals of all kinds

87.       Authorised officer can remove certain stock warning signs

1995—No. 518

88.       Board may mark stock warning signs for identification purposes

89.       Person in charge to ensure stock are adequately controlled

90.       Board or authorised officer may give directions about walking stock

91.       Conditions of walking stock permits

92.	Person in charge not to leave stock unattended
93.	Commissions payable to permit officers
94.	Penalty fee—movement of walking stock
95.	Fees for grazing permits
96.	Conditions of temporary grazing permits
97.	Disposal of carcasses required
98.	Purposes for which stock holding authority can be issued

Division 4—Stock licences

99.       Issue and revocation of stock licences

100.     What stock licences can be used for

Division 5—Apiary sites on travelling stock reserves

101.     Penalty fee for unauthorised use of apiary site

Division 6—Matters concerning prescribed officers

102.     Definition: “prescribed officer”

103.     Duties of prescribed officers

104.     Obligation of person on ceasing to be prescribed officer

PART 5—ABANDONED AND TRESPASSING STOCK

105.     How board pound is opened and closed

106.     Board’s responsibilities for pound

107.     Public responsibilities of poundkeeper

108.     Poundkeeper to give notice of impounded animal

109.     Poundkeeper to ensure well-being of impounded animals

110.     Board to display notice of fees and charges at pound

111.     How long animal may be kept before being formally impounded

112.     When seized or detained animal can be released to owner

113.     Applicant for release of impounded animal to provide certain information

114.     When impounded animals can be sold

115. When abandoned or trespassing stock can be destroyed
PART 6—STOCK WATERING PLACES

116.     Approval for construction work at stock watering place in Western Division

117.     Alternative means for leasing stock watering places

118.     Persons and stock entitled to water from stock watering place

119.     Controlling authority to provide notice board

120.     Water not to be taken from stock watering place without authority

121.     Equipment at stock watering place not to be interfered with

122.     Duties of persons in charge of stock at stock watering place

123.     Person not to remain at stock watering place longer than necessary

124.     Offence to obtain water from stock watering place when depth below certain level

PART 7—NOXIOUS ANIMALS

125.     Definitions

126.     Methods for destroying noxious animals

1995—No. 518

127.     Charge for inspecting land subject to noxious animal suppression order

128.     Noxious animals that can be kept with Minister’s permission

129.     What fees are payable for permission to keep noxious animals

130.     Applications for permission to keep noxious animals can be referred to boards

131.     One rabbit can be kept per household

132.     Conditions for keeping rabbits for research purposes

PART 8—CONTROL OF PEST ANIMALS

133.     Maximum amount payable as inspection charges

134.     Time for payment of inspection charges and expenses

135.     Interest rate applicable to overdue inspection charges and expenses

PART 9—CONTROL OF NOXIOUS INSECTS

136.     Prescribed method for suppression and destruction of noxious insects

137.     Information about noxious insects to be supplied by occupier of land PART 10—RABBIT, DOG AND MARSUPIAL PROOF FENCES

138.     Application to local land board for decision or determination

139.     Reference of proceedings directly to local land board if Minister moving party

l40.	Assessment of claim for contribution towards cost of fencing
141.	Contribution of Crown towards cost of fencing
142.	Assessment of claim for contribution towards cost of maintaining or repairing certain fences

PART 11—IDENTIFICATION OF STOCK

Division l—Large stock

143.     Application for registration of board brand design for large stock

144.     Allocation of board brand designs

145.     Application for registration of symbol brand design for large stock

146.     Application for registration of earmark design for cattle or deer

147.     Application for registration of transfer of brand or earmark design for large stock

148.     Construction requirements for branding instruments for use on large stock

149.     Parts of large stock animal to which registered brand or earmark can be applied

150.     Dimensions for earmarks to be applied to cattle or deer: construction requirements for ear pliers

151.	Use of distinctive brands and earmarks on large stock animals
152.	Issue of certificates of particulars of large stock brand designs

153.     Directory of symbol brand particulars

Division 2—Small stock

154.     Application for registration of brand or earmark designs for small stock

155.     Application for registration of transfer of brand or earmark design for small stock

156.     Construction requirements for branding instruments for use on small stock

157.     Parts of small stock animal to which registered brand can be applied

158.     Construction requirements for ear pliers for use on small stock animals

159.     To which ear of small stock animal can registered earmark be applied?

160.     To which ear of small stock animal can distinctive earmark be applied?

1995—No. 518

161. Certain sheep and goats to be exempt from requirements of section 188 of the Act

162.     Notice concerning possession of unlawfully branded or earmarked stock

163.     Colour brands for use on small stock

Division 3—Provisions applicable to both large and small stock

164.     Maximum fee payable when application deals with 2 or more designs

165.     Register of brand and earmark designs

166.     Registration of brand or earmark design belonging to deceased proprietor

167.     Annual fee to be paid by proprietor of registered design who is not local ratepayer

168.     Notice of intention to cancel registration of brand or earmark design

PART 12—MISCELLANEOUS

169.     What qualifications district veterinarians must have

170.     Information to be included in annual report prepared by Council of Advice

171. Persons and offences prescribed for purposes of the Act

172.     Short descriptions of offences

173.     Notes in text

174. Repeal of Rural Lands Protection Regulation 1990

175.      Savings provision

SCHEDULE 1—FORMS
SCHEDULE 2—MINIMUM AREA OF RATABLE LAND
SCHEDULE 3—SIGNS

SCHEDULE 4—FEES AND CHARGES RELATING TO IMPOUNDING OF

STOCK

SCHEDULE 5—PARTICULARS TO BE INCLUDED IN CERTAIN FORMS

SCHEDULE 6—CHARACTERS TO BE USED IN BOARD BRAND DESIGNS TO

IDENTIFY RURAL LANDS PROTECTION DISTRICT

SCHEDULE 7—CHARACTERS TO BE USED IN BOARD BRAND DESIGNS TO IDENTIFY PROPRIETORS
SCHEDULE 8—PARTS OF LARGE STOCK ANIMALS ON WHICH

REGISTERED BRAND DESIGNS MAY BE PLACED

SCHEDULE 9—NAMES, SHAPES AND SIZES OF EARMARK DESIGNS

SCHEDULE l0—PENALTY NOTICE OFFENCES AND SHORT DESCRIPTIONS

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake, with some changes in substance, the provisions of the Rural Lands Protection Regulation 1990. The new Regulation regulates or otherwise deals with the following matters:

(a) the election of directors to rural lands protection boards (Part 2);

(b)	the levying of rates by boards for certain rural land holdings and the payment of rates to boards by owners and occupiers of those holdings (Part 3);
(c)	the use of travelling stock reserves and the movement and grazing of stock over public roads and travelling stock reserves (Part 4);
(d)	impounding abandoned or trespassing stock and keeping and disposing of impounded stock (Part 5);

1995—No. 518

(e) the use of stock watering places (Part 6);

(f)	the destruction of certain kinds of noxious animals and the keeping of other kinds of noxious animals that can be kept with the Minister’s permission (such as rabbits) (Part 7);
(g)	the control of animals or birds on designated public or private land where the animals or birds are having an adverse impact on agricultural enterprises or the local environment (Part 8);

(h) the control and eradication of noxious insects (Part 9);

(i)	the construction and maintenance of rabbit-proof, dog-proof and marsupial- proof fences on rural land holdings (Part 10);
(j)	matters relating to the registration of means of identifying stock (including the registration of brand and earmark designs for use in connection with both large stock (such as horses and cattle) and small stock (such as sheep and goats)) (Part 11);

(k) other matters of a machinery nature (Part 12).

The Regulation also makes provision for the following new matters:

• prescribing offences for which penalty notices may be issued under section 205 of the Act; and

• prescribing short descriptions of offences that may be used in complaints and other documents used in relation to the prosecution of those offences.

This Regulation is made under the Rural Lands Protection Act 1989, including section 217 (the general regulation making power).

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

Part 1 is completed by ........................................ Owner Agent Carrier

(Print name)

Address: ...................................... Signature .....................................

.............................................................................. Date ...........................................

(Please tick appropriate boxes)

Part 2

Collection of stock Delivery of stock

Date:	Date:
Time:	Time:
Vehicle registration no.:	Deaths during transit: (Describe stock)
Owner of vehicle  (name):
Vehicle driver	Injuries sustained during transit:
(name):	(Describe stock)
Driver's address:	Number of times stock inspected in transit:
I have delivered the stock described above.