Rural Lands Protection Act 1998 (NSW)
An Act to provide for the protection of rural lands; to provide for the establishment of the State Policy Council of Livestock Health and Pest Authorities and the constitution of livestock health and pest authorities and the State Management Council of Livestock Health and Pest Authorities and for the functions of those bodies; to regulate travelling stock reserves, stock watering places and the transportation of stock by vehicle; to provide for the control of certain pests; and for other purposes.
This Act is the Rural Lands Protection Act 1998.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows:
(a) to establish livestock health and pest districts,
(b) to constitute livestock health and pest authorities and the State Management Council of Livestock Health and Pest Authorities and to establish the State Policy Council of Livestock Health and Pest Authorities,
(c) to confer functions on livestock health and pest authorities and the State Council including, but not limited to, functions relating to animal health and production, pest control, drought and natural disaster relief schemes,
(d) to provide for the funding of livestock health and pest authorities by a system of rates,
(e) to provide for the funding of the State Council by a system of contributions from livestock health and pest authorities,
(f) to provide for the sustainable management of travelling stock reserves and stock watering places,
(g) to deal with certain unattended and trespassing stock,
(h) to regulate the movement of stock,
(i) to provide for the control of pests, including by way of pest control orders and eradication orders.
Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.
Notes included in this Act do not form part of this Act.
The Governor may, by proclamation, constitute livestock health and pest districts having boundaries and names determined by the Governor.
The Governor may, by proclamation:
(a) alter the boundaries of any district, or
(b) dissolve the whole or any part of a district, or
(c) amalgamate part or all of one district with part or all of one or more other districts to constitute a single district having the boundaries and name determined by the Governor, or
(d) alter the name of any district.
The Governor may, by proclamation, vest any property, and assign any rights and obligations, of an authority for a district referred to in subsection (2) (a), (b) or (c) in another authority or authorities.
A proclamation under this section takes effect on the day it is published in the Gazette or on a later day specified in the proclamation.
The Minister may, by order published in the Gazette, divide a district into two or more divisions (and specify the boundaries of those divisions) as the Minister considers appropriate.
An order under this section takes effect on the day it is published in the Gazette or on a later day specified in the order.
The Minister may amend or repeal an order made under this section. See section 43 of the Interpretation Act 1987.
(Repealed)
For the purposes of this Act:
(a) a holding located partly in 2 or more districts is to be regarded as being wholly within the district in which the greater part lies, and
(b) a holding located partly in 2 or more divisions is to be regarded as being wholly within the division in which the greater part lies.
For the purposes of this section, if the parts of a holding are equal in size, the part on which the principal residence (if any) is located is to be regarded as being the greater part. If there is no principal residence any dispute as to which part of such a holding is to be treated as the greater part is to be decided by the Minister.
(Repealed)
The State Council is, in the exercise of its functions, subject to the control and direction of the Minister.
The State Council is responsible for the implementation by the authorities of the general policies for the protection of rural lands and the operation of authorities that are determined from time to time by the Policy Council.
An authority must give the State Council any information about the operations of the authority that the State Council requests.
An authority is responsible for the operation of the authority in accordance with any guidelines, and specific orders under section 27, of the State Council.
An authority is, in the exercise of its functions, subject to the control and direction of the State Council.
The State Council must enter into a memorandum of understanding with the Director-General regarding the exercise of any function relating to animal health, and may enter into such a memorandum of understanding relating to any other function, conferred or imposed by or under this Act or by the memorandum of understanding on the Director-General, the State Council and the authorities, respectively.
Without limiting the matters for which the memorandum of understanding may make provision, it is to make provision with respect to indemnification by the State of the State Council and authorities and their members, directors and employees against costs incurred in respect of such legal proceedings relating to their functions as may be agreed between the State Council and the Director-General.
The memorandum of understanding must be entered into within a reasonable period after the commencement of this section.
The memorandum of understanding may be amended or replaced from time to time.
The functions of the Director-General, of the State Council, and of each authority, must as far as practicable be exercised in conformity with the memorandum of understanding. However, a failure to comply with this subsection does not itself invalidate anything done or omitted to be done by the Director-General, the State Council or an authority.
The State Policy Council of Livestock Health and Pest Authorities (the
The Policy Council does not, for any purpose, represent the Crown.
The Policy Council is, in the exercise of its functions, subject to the control and direction of the Minister.
The Policy Council consists of the following members:
(a) 2 members for each district, appointed by the authority of the district from among its directors,
(b) such other members as are appointed by the Minister.
The Minister may give directions as to the manner in which and the time within which appointments are to be made by authorities for the purposes of subsection (1) (a).
If an authority fails to make an appointment in the manner and within the time directed by the Minister, the Minister may appoint a person as a member on behalf of the authority and the person is taken to have been appointed by the authority.
If an authority fails to make an appointment or appointments under this section, the Policy Council is nevertheless properly constituted.
The Policy Council has such functions as are conferred or imposed on it by or under this or any other Act.
Without limiting subsection (1), the Policy Council has the following functions:
(a) the determination of general policies to be implemented by authorities for the protection of rural lands,
(b) the determination of primary policies to guide the State Council in carrying out its functions,
(c) the selection on merit, and appointment, of members of the State Council,
(d) the provision of advice on any specified matter referred to it by the Minister, the State Council or an authority,
(e) carrying out such other functions relating to the administration of this Act as may be conferred or imposed on it by the Minister.
The Policy Council cannot employ any staff.
The constitution and procedure of the Policy Council are, subject to this Act and the regulations, to be determined by the Policy Council.
Schedule 1A has effect with respect to the constitution and procedure of the Policy Council.
The Policy Council must, as soon as practicable after the end of each financial year (but within such period as may be specified in the regulations), report to the Minister and the authorities (in the manner specified in the regulations, if any) on the activities and performance of the Policy Council during the previous financial year.
There is constituted by this Act a corporation under the corporate name of State Management Council of Livestock Health and Pest Authorities (the
The State Council does not, for any purpose, represent the Crown.
The State Council consists of the following persons:
(a) 6 persons appointed by the Policy Council, after a process of selection on merit, from among the directors of boards of authorities,
(b) 2 persons appointed by the Policy Council, after a process of selection on merit, on the basis of each person having expertise, experience or qualifications in one or more of the following areas:
(i) law,
(ii) business,
(iii) financial management,
(iv) corporate governance,
(v) any other area of expertise that the Policy Council determines to be relevant to the operation of the State Council,
(c) one person appointed by the Minister, on the nomination of the Director-General, being a person with experience in animal health and pest management.
The Minister may give directions as to the manner in which and the time within which appointments are to be made by the Policy Council for the purposes of this section.
If the Policy Council fails to make an appointment or appointments under this section, the State Council is nevertheless properly constituted.
The constitution and procedure of the State Council are, subject to this Act and the regulations, to be determined by the State Council.
Schedule 1 has effect with respect to the constitution and procedure of the State Council.
The State Council has such functions as are conferred or imposed on it by or under this or any other Act.
Without limiting subsection (1), the State Council has the following functions:
(a) the supervision of the governance of authorities,
(b) the preparation and adoption of a strategic plan and strategic policies for the protection of rural lands having regard to the advice of the Policy Council,
(c) the co-ordination of the implementation by authorities of the following:
(i) general policies for the protection of rural lands determined by the Policy Council,
(ii) strategic policies for the protection of rural lands determined by the State Council,
(d) the monitoring and supervision of the implementation by authorities of the following policies in districts where those policies have been the subject of a guideline issued under section 23:
(i) general policies for the protection of rural lands determined by the Policy Council,
(ii) strategic policies for the protection of rural lands determined by the State Council,
(e) public education about, and promotion of, the functions, role and activities of authorities,
(f) the provision of administrative services to the Policy Council,
(g) the provision of advice and assistance about, and the monitoring of the implementation by authorities of, function management plans,
(h) consultation with authorities about, and entering into arrangements on behalf of authorities for or with respect to, services provided by authorities on behalf of public authorities,
(i) engagement in negotiations with public authorities in relation to the exercise of functions of the authorities that affect those public authorities,
(j) ensuring, as far as practicable, that authorities carry out the financial obligations imposed on them by or under this or any other Act,
(k) production and dissemination of information on the functions, policies and procedures of authorities,
(l) provision of training for staff and directors of authorities concerning the administration and operation of authorities and functions carried out by the staff and directors,
(m) carrying out such other functions relating to the administration of this Act as may be conferred or imposed on it by the Minister.
The State Council cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the State Council to exercise its functions.
The State Council may issue guidelines to authorities that are not inconsistent with this Act or any other law with respect to:
(a) the exercise of any function of an authority, and
(b) financial reports of authorities and the auditing of those reports, and
(c) the implementation of general policies for the protection of rural lands determined by the Policy Council, and
(d) the implementation of strategic policies for the protection of rural lands determined by the State Council, and
(e) the determination of relevant areas of expertise for the purposes of section 39 (3) (b) (v).
The Policy Council may request the State Council to issue a guideline under subsection (1) (c) regarding the implementation of a general policy for the protection of rural lands determined by the Policy Council.
The State Council must issue the guideline unless the State Council has:
(a) consulted with the Policy Council, and
(b) had regard to the views of the Policy Council, and
(c) resolved that it disagrees with the policy determined by the Policy Council.
Any such guidelines may adopt a standard or other document as in force from time to time.
Without limiting subsection (1), the State Council may issue guidelines in respect of the preparation, contents, submission and adoption of function management plans.
The State Council may delegate any of its functions (other than this power of delegation) to an authority or any other person.
The State Council must, at least 2 months (or such other period as may be specified in the regulations) before the commencement of each financial year, provide an annual operating plan and budget for the operations of the State Council (in the manner specified in the regulations, if any) for that following financial year to the Minister and the Policy Council.
The State Council must, as soon as practicable after the end of each financial year (but within such period as may be specified in the regulations), report to the Minister and the Policy Council (in the manner specified in the regulations, if any) on the performance of the State Council in respect of the strategic plan and annual operating plan during the previous financial year.
(Repealed)
The State Council may, by notice in writing, order an authority to take action specified in the notice with respect to the carrying out of any function of the authority.
The State Council may make such an order if:
(a) an authority fails to comply with any obligation imposed on it in respect of the function by or under this or any other Act or the memorandum of understanding, or
(b) an authority fails to exercise a function in conformity with any relevant guideline, or
(c) an authority fails to exercise a function in conformity with any relevant function management plan, or
(d) the State Council considers it necessary to make such an order to ensure that the authority complies with such an obligation or acts in conformity with the guideline or plan in the future.
The notice may require the authority to comply with the order within such reasonable period as is specified in the notice.
A notice under section 27 is to warn the authority that a failure to comply with the order (or to comply with it within the period, if any, specified in the notice) may result in action being taken by the State Council under section 29 or appointment of an administrator under Part 14, or both.
The State Council may itself take the action necessary to carry out a function in accordance with an order it has made to an authority if:
(a) the authority fails to comply with the order within the period for compliance (if any) specified in the notice, or
(b) no period for compliance is specified in the notice—the authority fails to comply with the order within a reasonable period after the order is made.
The State Council may take any action necessary to give effect to an order.
Any action taken by the State Council to give effect to an order made to an authority is to have effect as if it were taken by the authority.
The State Council may, by notice given to an authority, require the authority to pay to it an amount to reimburse the State Council within a period specified in the notice for any costs incurred by the State Council in taking action under this section.
Any amount that remains unpaid at the end of the period specified may be recovered by the State Council from the authority concerned as a debt in a court of competent jurisdiction.
The State Council may also request the Minister to appoint an administrator if an authority fails to comply with an order. See Division 2 of Part 14.
The State Council is to establish and maintain a fund into which is to be paid all money received by the State Council by or under this or any other Act.
Money may, subject to this Act, be paid from the State Council’s fund for any purpose allowed under this or any other Act.
Each authority must, within such period and in such manner as is determined by the State Council, pay a contribution each financial year to the State Council for the purpose of enabling the State Council to carry out its functions.
The contribution to be made by each authority is to be calculated in the following manner or, if regulations are made for the purposes of this subsection, as prescribed by the regulations:
(a) the State Council must, at least 2 months (or such other period as may be specified in the regulations) before the commencement of each financial year, determine the amount of money that it requires authorities to contribute to the State Council’s fund to enable it to carry out its functions during that following financial year,
(b) the State Council is to notify the Policy Council of the amount so determined,
(c) the Policy Council is to determine the portion of the total amount that is to be paid to the State Council’s fund by each authority.
The State Council may invest money in its fund:
(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or
(b) if that Act does not confer power on the State Council to invest the money—in accordance with the Trustee Act 1925 or in any other manner approved by the Minister with the concurrence of the Treasurer.
The financial year of the State Council is the year commencing on 1 July.
A different financial year may be determined by the Treasurer under section 4 (1A) of the Public Finance and Audit Act 1983.
The State Council must submit the financial statements relating to its accounts for a financial year and the opinion furnished by the Auditor-General under section 41C of the Public Finance and Audit Act 1983 to the Minister within 6 weeks after the Auditor-General submits them to the State Council.
Maximum penalty: 20 penalty units.
The Minister may request the Auditor-General to conduct a performance audit of all or any particular activities of the State Council under Division 2A of Part 3 of the Public Finance and Audit Act 1983.
The Auditor-General must conduct such a performance audit of all or any particular activities of the State Council if requested to do so by the Minister.
The cost of conducting a performance audit is payable by the State Council.
The Auditor-General may surcharge members and employees of the State Council for improper expenditure. See Part 15.
(Repealed)
A report for a year under the Annual Reports (Statutory Bodies) Act 1984 in respect of the State Council is to include details of any report for an authority submitted to it for the year under section 57A.
Despite sections 8 and 10 of the Annual Reports (Statutory Bodies) Act 1984, the State Council is to prepare the report of its operations for each financial year, and is to submit its annual report to the Minister and the Treasurer, within the period of 8 months after the end of the financial year.
Sections 8 and 10 of the Annual Reports (Statutory Bodies) Act 1984 provide that statutory bodies (within the meaning of that Act) are to prepare reports of their operations for each financial year, and are to submit annual reports to the appropriate Minister (and, if required, the Treasurer), within the period of 4 months after the end of the financial year. This provision extends that period to 8 months in relation to the State Council.
The State Council is to prepare a report as to whether the auditing of authorities’ financial reports for each financial year has been satisfactorily carried out, and is to submit the report to the Minister and the Treasurer, within the period of 8 months after the end of the financial year.
A livestock health and pest authority is constituted by this Act for each district.
An authority does not, for any purpose, represent the Crown.
An authority is a body corporate.
Part 8 of the Interpretation Act 1987 applies to statutory bodies. It contains provisions stating the general attributes of statutory incorporation (for example, perpetual succession, the requirement for a seal, the taking of proceedings), it provides for judicial notice to be taken of a statutory corporation’s seal, it creates a presumption of regularity for acts and proceedings of a statutory corporation and contains other provisions.
The corporate name of an authority is the name of the district for which the authority is constituted, but with the word “authority” substituted for the word “district”.
An authority for a district is to publish notice of any alteration of its corporate name in a newspaper circulating generally in the district.
The name of a district, and therefore the corporate name of an authority, can be altered under section 5 (2).
There is to be a board for each authority, called the “[
The affairs of an authority are to be controlled by the board of the authority. Any act, matter or thing done in the name of, or on behalf of, an authority by the board of the authority is taken to have been done by the authority.
The board of an authority is to consist of:
(a) 6 elected directors or, if in relation to a particular board the Minister specifies a different number of elected directors under subsection (4)—the number of elected directors specified, and
(b) 2 directors appointed by the authority, after a process of selection on merit, on the basis of the appointed director having expertise, experience or qualifications in one or more of the following areas:
(i) law,
(ii) business,
(iii) financial management,
(iv) corporate governance,
(v) any other area of expertise determined to be relevant by a guideline issued under section 23.
The Minister may, by order published in the Gazette, direct that the number of elected directors of a particular board is to be the number specified in the order.
If a district is divided into divisions, such number of elected directors as is specified by the Minister by order published in the Gazette must be elected (or appointed) in accordance with Schedule 2 for each division.
Schedule 1 has effect with respect to the constitution and procedure of boards of authorities.
Schedule 2 has effect with respect to the election and appointment of directors of boards of authorities.
An authority is dissolved if:
(a) the district for which it is constituted becomes wholly comprised within another district, or
(b) all parts of the district for which it is constituted are wholly distributed among other districts, or
(c) the district for which it is constituted is amalgamated into one or more other districts, or
(d) the district for which it is constituted is divided into 2 or more other districts, or
(e) the district for which it is constituted is dissolved.
On the day a proclamation dissolving a district takes effect, the board of the authority of the district ceases to exist and the directors of the board cease to hold office.
(Repealed)
An authority has the functions conferred or imposed on it by or under this or any other Act.
Without limiting subsection (1), an authority has the following functions:
(a) any function with respect to animal health or the protection of rural lands referred to in this Act or the regulations that is not specifically conferred or imposed on another person or body,
(b) the administration within its district of drought or other disaster relief schemes,
(c) the provision of any service on behalf of or to a public authority by arrangement with the public authority,
(d) the doing of anything necessary, or supplemental or incidental to, the exercise of its functions.
The Minister may (with the concurrence of the State Council) delegate to an authority any functions of the Minister under the Stock Diseases Act 1923, the Stock (Chemical Residues) Act 1975 or any other Act prescribed by the regulations for the purposes of this section.
An authority cannot employ any staff.
Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable an authority to exercise its functions.
(Repealed)
Without limiting section 42, an authority has the following functions in relation to animal health:
(a) the facilitation of the provision of the following types of programs (including by providing resources for such programs):
(i) animal disease prevention, management, control and eradication programs,
(ii) chemical residue prevention, management and control programs,
(b) the delivery of advisory services (including by providing resources for such services) related to the following:
(i) animal disease prevention, management, control and eradication,
(ii) chemical residue prevention, management and control,
(c) the provision of resources for conducting animal disease surveillance programs,
(d) the collection, collation, interpretation and reporting of animal disease surveillance information,
(e) the maintenance of records relating to, and making reports on, the disease status and chemical residue status of stock and land,
(f) the provision of animal health services (including advisory services and services related to animal production) with respect to stock and any other animal that has a disease that may affect stock in the authority’s district,
(g) the implementation of emergency animal disease preparedness and response programs.
Functions relating to animal health are also dealt with under the memorandum of understanding entered into under section 13.
Nothing in subsection (1) (f) confers a function on an authority to provide animal health services of a kind that would ordinarily be provided by a private veterinary practitioner.
(Repealed)
An authority must, within the periods specified by the State Council, prepare the following:
(a) a draft function management plan for its functions in respect of all travelling stock reserves under its care, control and management,
(b) a draft function management plan for its animal health functions.
An authority must prepare a draft function management plan for any of its other functions if it is requested to do so by the State Council.
A draft function management plan for an authority’s functions with respect to travelling stock reserves is to contain a scheme of management practices to be followed with respect to the reserves.
Without limiting any other matters to which regard may be had in preparing the draft, regard is to be had to the following objectives:
(a) the management of travelling stock reserves for the benefit of travelling stock,
(b) the adoption of appropriate stocking practices,
(c) the conservation of wildlife (including the conservation of critical habitat and threatened species, populations and ecological communities and their habitat),
(d) the protection of the reserves against soil erosion and diminution of water quality.
An authority is to give public notice of a draft function management plan for functions with respect to travelling stock reserves prepared by it in a newspaper circulating generally in its district and is to place the draft on public exhibition for a period of not less than 28 days.
The public notice must also specify a period of not less than 42 days after the date on which the draft is placed on public exhibition during which submissions on the draft may be made to the authority.
The authority may (but is not required to) permit a submission to be made after the day specified for the close of submissions.
Any person may request the authority to supply the person with a copy of the draft and may make a submission on the draft to the authority.
The authority may provide a copy of a draft for taking away (either free of charge or on payment of reasonable charges, as the authority chooses).
An authority is to submit each draft function management plan that it prepares to the State Council.
A draft function management plan for functions with respect to travelling stock reserves may be submitted only after the authority has considered all submissions concerning the draft received before the day specified for the close of submissions and has made any alterations to the draft it considers appropriate.
The State Council is to consult with the Director-General of National Parks and Wildlife, the Director-General of Land and Water Conservation, the Director of NSW Fisheries and any other person or body prescribed by the regulations with respect to any draft function management plan for functions with respect to travelling stock reserves submitted to it.
The State Council may either agree to the implementation of a draft plan submitted to it without alteration or refer it back to the authority for further consideration.
If the State Council agrees to the implementation of a draft function management plan for a function of an authority, the draft is the function management plan for the authority for the function concerned.
The State Council may request an authority to amend any of its function management plans or to revoke any such plan and substitute a new plan.
Except as provided by subsection (3), this Division applies to the amendment of a function management plan in the same way as it applies to the preparation and adoption of a draft function management plan.
If the State Council is of the opinion that a proposed amendment to a function management plan is minor in nature, the State Council may authorise the authority not to comply with sections 46 and 47 in respect of the amendment.
Any function of the authority for which there is a function management plan must as far as practicable be exercised in accordance with the function management plan.
The exercise of that function is not invalid because of a contravention of any such plan. However, this subsection does not prevent the State Council from exercising its powers under section 27 in respect of the function.
In the event of an inconsistency between a function management plan and a memorandum of understanding entered into under section 13 (1) (or an instrument issued under such a memorandum of understanding), the memorandum of understanding (or instrument) prevails to the extent of the inconsistency.
An authority is to establish and maintain a fund into which is to be paid all money received by the authority by or under this or any other Act.
Money may be paid from the authority’s fund for any purpose allowed by or under this or any other Act.
However:
(a) money that has been received by imposition of a special purpose rate may not be used otherwise than for the purpose for which the rate was levied, and
(b) money that is subject to the provisions of this or any other Act (being provisions that state that the money may be used only for a specific purpose) may be used only for that purpose, and
(c) money that has been received from a Government or a public authority by way of a specific purpose advance or grant may not (except with the consent of the Government or public authority) be used otherwise than for that specific purpose, and
(d) money that is held on trust must be applied for the purposes of or in accordance with the trusts relating to it.
An authority is to keep a separate record of money of the kind referred to in subsection (3).
Money in the authority’s fund may not be held otherwise than in an account with a bank, building society or credit union or in an investment in which such money is, by or under this or any other Act, authorised to be invested.
Despite section 50 (3), money received by an authority by imposition of a special purpose rate that is surplus to the purpose for which the rate was imposed may be used by the authority for any other purpose approved by the Minister.
An authority may invest money in its fund:
(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or
(b) if that Act does not confer power on the authority to invest the money—in any manner approved by the Minister with the concurrence of the Treasurer.
The financial year of an authority is the year commencing on 1 July.
Despite subsection (1), the Minister, on the recommendation of the State Council, may, by order published in the Gazette, determine a different financial year for all authorities.
(Repealed)
The Minister may request the Auditor-General to conduct a performance audit of all or any particular activities of an authority under Division 2A of Part 3 of the Public Finance and Audit Act 1983.
The request may be made on the Minister’s own initiative or at the request of the State Council.
The Auditor-General must conduct such a performance audit of all or any particular activities of an authority if requested to do so by the Minister.
The Minister is to advise the authority and the State Council of the outcome of the performance audit as soon as practicable after receiving the Auditor-General’s report on it and is to forward a copy of the report to the authority and the State Council.
The State Council is to advise the authority and the Minister in writing of the things done or proposed to be done by the State Council in response to the report as soon as practicable (or within such period as the Minister directs) after it receives the copy of the report.
The cost of conducting a performance audit is payable by the authority concerned.
The Auditor-General may surcharge directors and employees of an authority for improper expenditure. See Part 15.
An authority must keep such accounting records as are necessary to correctly record and explain its financial transactions and its financial position.
In particular, an authority must keep its accounting records in a manner and form that facilitate:
(a) the preparation of financial reports that present fairly its financial position and the results of its operations, and
(b) the convenient and proper auditing of those reports.
An authority must prepare a financial report for each financial year, and must refer the report for audit as soon as practicable (having regard to the requirements of section 55D (1)) after the end of that financial year.
Under section 55D (1), an authority’s financial report for a year must be prepared and submitted to its auditor within the period of 3 months after the end of that financial year.
An authority’s financial report must include:
(a) a general purpose financial report, which is to include the following:
(i) a balance sheet as at the end of the year,
(ii) an income statement for the year,
(iii) a cash flow statement for the year,
(iv) a statement on changes in equity for the year,
(v) such notes as are proper and necessary to explain the statements or other documents referred to in subparagraphs (i)–(iv), and
(b) any other matter prescribed by the regulations, and
(c) any other matter required to be included in the report by the guidelines issued by the State Council.
The general purpose financial report must be prepared in accordance with this Act and the regulations and the requirements of:
(a) the Australian Accounting Standards issued by the Australian Accounting Standards Board, as in force for the time being, subject to the regulations, and
(b) such other standards as may be prescribed by the regulations or adopted by the guidelines.
An authority’s auditor must audit the authority’s financial report as soon as practicable (having regard to the requirements of section 55D (2)) after the report is referred for audit.
An authority’s financial report must be audited in accordance with the requirements of:
(a) the AUASB Standards and Pronouncements issued by the Auditing and Assurance Standards Board, as in force for the time being, subject to the regulations, and
(b) such other standards as may be prescribed by the regulations or adopted by the guidelines.
The regulations may prescribe, and the guidelines may set out, matters that an auditor must consider and provide comment on in auditing an authority’s financial report.
An authority must prepare its financial report for a financial year and (subject to this section) submit the report to its auditor within the period of 3 months after the end of that financial year.
An auditor for an authority must (subject to this section) audit the authority’s financial report for a financial year within the period of 6 weeks after the report has been submitted to the auditor.
An authority may, at any time within the period of 3 months after the end of the financial year, apply to the State Council for an extension of the period referred to in subsection (1).
An auditor may, at any time within the period of 6 weeks after an authority’s financial report has been submitted to the auditor, apply to the State Council for an extension of the period referred to in subsection (2) in relation to that report.
An application under subsection (3) or (4) must include detailed reasons and other relevant information in support of the application.
Before deciding whether or not to grant an extension, the State Council may require the authority or auditor to give reasons, additional to those set out in the application, as to why the extension should be granted.
The State Council may grant an extension of such period as, in the opinion of the State Council, is necessary in the particular circumstances of the case.
An authority must notify its auditor of any application for an extension made under this section and of the outcome of the application.
An auditor must notify the relevant authority of any application for an extension made under this section and of the outcome of the application.
The State Council must notify both the authority and auditor concerned of any extension granted under this section.
If the State Council extends a period referred to in subsection (1) or (2), the authority or auditor must comply with the subsection within the extended period.
An authority’s auditor must prepare the following reports:
(a) a report on the general purpose financial report prepared in accordance with the AUASB Standards and Pronouncements issued by the Auditing and Assurance Standards Board, as in force for the time being, subject to the regulations,
(b) a report on the conduct of the audit.
The report on the authority’s financial report must include:
(a) a statement as to whether, in the opinion of the auditor, the authority’s accounting records have been kept in accordance with the requirements imposed by or under this Act, and
(b) a statement as to whether, in the opinion of the auditor, the authority’s financial report:
(i) has been prepared in accordance with the requirements imposed by or under this Act, and
(ii) is consistent with the authority’s accounting records, and
(iii) presents fairly the authority’s financial position and the results of its operations, and
(c) a statement setting out particulars of any material deficiency in the accounting records or financial reports that has come to light in the course of the audit.
The report on the conduct of the audit:
(a) must contain a statement as to whether, in the opinion of the auditor, any information relevant to the conduct of the audit has been unobtainable by the auditor, and
(b) may contain such statements, comments and recommendations as to the conduct of the audit of the authority’s financial report as the auditor considers appropriate to include in the report.
As soon as practicable after completing the audit, the auditor must send a copy of the auditor’s reports to the State Council and to the authority.
The authority must, within the period of 2 weeks after receiving the auditor’s reports, send a copy of the auditor’s reports, together with a copy of the authority’s audited financial report, to the State Council.
An authority’s auditor may, at any time during the audit of an authority’s financial report, report to the State Council on any matter relating to that report or to the conduct of the audit.
The auditor must give the authority a copy of any report made to the State Council under this section.
An authority must appoint a person as its auditor.
An authority’s auditor may be:
(a) an individual who is a registered company auditor, or
(b) a partnership whose members or employees include a registered company auditor, or
(c) a corporation whose employees include a registered company auditor.
If the authority’s auditor is a partnership, any member or employee of the partnership may act as the authority’s auditor as long as he or she is a registered company auditor.
If the authority’s auditor is a corporation, any employee of the corporation may act as the authority’s auditor as long as he or she is a registered company auditor.
An appointment or reappointment of an auditor is to be made in accordance with any restrictions or procedures set out in the guidelines.
An auditor may not be appointed or reappointed unless the appointment or reappointment has been approved by the State Council.
In this section,
A person may not be appointed as an authority’s auditor:
(a) in the case of an individual, if he or she is a disqualified person, or
(b) in the case of a partnership, if any member or employee of the partnership is a disqualified person, or
(c) in the case of a corporation, if the corporation or any employee of the corporation is a disqualified person.
In this section,
(a) who is a director of the authority, or
(b) who is a member of staff of the Livestock Health and Pest Authorities Division of the Government Service, or
(c) who is in debt to the authority otherwise than for rates or charges owed by the person as a ratepayer, or
(d) who has a contractual arrangement with the authority that (if the person were the authority’s auditor) might reasonably be seen to give rise to a conflict between the person’s duties as an auditor and the person’s interests under the arrangement.
An authority’s auditor holds office for 4 years and, if otherwise qualified, is eligible for reappointment subject to this section.
The office of auditor becomes vacant if the auditor:
(a) dies, or
(b) completes a term of office and is not reappointed, or
(c) ceases to be qualified to hold office as an auditor or becomes a disqualified person within the meaning of section 55H, or
(d) resigns office by notice in writing addressed to the authority, or
(e) becomes a mentally incapacitated person, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(h) is removed by the authority in accordance with this section.
The authority may remove an auditor from office only with the consent of the State Council.
Without limiting subsection (3), the authority, with the consent of the State Council, may remove an auditor from office for a failure by the auditor to comply with a requirement placed on the auditor by Division 4A.
If the office of auditor becomes vacant, the authority must, in accordance with sections 55G and 55H, appoint a qualified person to fill the vacancy.
An authority’s auditor, for the purpose of forming an opinion as to whether the requirements of this Act and the regulations are being complied with:
(a) may inspect the authority’s accounting records and other records necessary in order to carry out the auditor’s functions at any time, and
(b) must inspect those records at such periods as may be prescribed by the regulations or set out in the guidelines.
The auditor may report to the authority or to the State Council on the results of the inspection.
Such a report may deal with such matters concerning the authority’s accounting and other records as, in the auditor’s opinion, should be dealt with by the report.
The auditor must give the authority a copy of any report made under this section to the State Council.
When exercising the functions conferred on an authority’s auditor by this Part, an authority’s auditor is entitled at all reasonable times to full and free access to the authority’s accounting records and other records necessary in order to carry out the auditor’s functions and may direct a director of the authority or a member of staff of the Livestock Health and Pest Authorities Division of the Government Service:
(a) to produce to the auditor any document relating to those records that is in that person’s custody or under that person’s control, or
(b) to grant to the auditor such authorities as may be necessary to enable the auditor to gain access to any document relating to those records that is in the custody or control of any authorised deposit-taking institution, or
(c) to answer any question,
being a document or question that, in the opinion of the auditor, is relevant to the carrying out of the auditor’s functions.
An auditor may make copies of or take extracts from any document to which the auditor gains access under this section.
The Auditor-General is authorised to audit an authority’s financial report for a financial year:
(a) if the authority fails to appoint an auditor, or
(b) during any other vacancy in the office of auditor.
The Auditor-General:
(a) may, at any time, and
(b) must, if requested to do so by the Minister on the recommendation of the State Council,
conduct a special inspection and audit of an authority’s financial reports and accounting records.
The costs certified by the Auditor-General as having been incurred by the Auditor-General in auditing an authority’s financial report, or conducting a special inspection and audit of an authority’s financial reports and accounting records, in accordance with this section must be paid by the authority.
In this section:
(a) any annual report prepared by the authority under section 57A,
(b) any financial report of an authority and any accompanying auditor’s reports as referred to in Division 4A,
(c) any report on a performance audit under section 55,
(d) minutes of board meetings (other than minutes for any meeting or part of a meeting that is closed to the public) and any other matters that the authority resolves should be made public,
(e) the authority’s function management plans,
(f) any roll required to be established and maintained by an authority under clause 11 of Schedule 2.
Any person is entitled to inspect the current version of a publicly available document free of charge.
Any person is entitled to inspect free of charge:
(a) a document that was replaced by a current publicly available document, and
(b) if a publicly available document is produced annually—the corresponding document produced for the previous year.
The documents may be inspected at the principal office of the authority during ordinary office hours.
The authority may provide a copy of any document for taking away (either free of charge or on payment of reasonable charges, as the authority chooses).
The authority may allow inspection of versions of the documents other than the current and immediately preceding versions if those other versions are reasonably accessible.
This section does not prevent the authority from allowing inspection free of charge of any other of its documents.
This section does not apply to a document that is made or produced before the commencement of this section.
During an emergency animal disease outbreak period, the Director-General may direct members of the animal health staff of an authority to take such actions as the Director-General considers appropriate.
A member of the animal health staff of the authority is to comply with any such direction.
In this section:
(a) that commences on the date that an order under section 76 of the Animal Diseases (Emergency Outbreaks) Act 1991 comes into force, and
(b) ends on the date that the Director-General determines, by notice in writing given to the State Council and each authority, for the purposes of this paragraph.
(a) a veterinarian, or
(b) an inspector within the meaning of the Stock Diseases Act 1923.
An authority may charge and recover a reasonable fee for any service it provides under this or any other Act or the regulations.
An authority must prepare a report in accordance with the guidelines in each financial year concerning its activities during the previous year and submit it to the State Council.
Every Policy Council and State Council member, and every director of a board of an authority, must:
(a) act honestly and exercise a reasonable degree of care and diligence in carrying out his or her functions under this or any other Act, and
(b) act for a proper purpose in carrying out his or her functions under this or any other Act, and
(c) not use his or her office or position for personal advantage, and
(d) not use his or her office or position to the detriment of the member’s Council or the director’s authority (respectively).
Although this section places certain duties on Policy Council and State Council members, and directors of boards of authorities, nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
The State Council may issue a code of conduct to be observed by all directors of boards of authorities.
Without limiting what may be included in the code, the code may relate to any conduct (whether by way of act or omission) of a director in carrying out his or her functions that is likely to bring the authority into disrepute.
In particular, the code may contain provisions for or with respect to the following conduct:
(a) conduct that contravenes all or specified provisions of this Act or the regulations in all or specified circumstances,
(b) improper or unethical conduct,
(c) abuse of power and other misconduct,
(d) action causing, comprising or involving any of the following:
(i) intimidation, harassment or verbal abuse,
(ii) discrimination, disadvantage or adverse treatment in relation to employment,
(iii) prejudice in the provision of a service to the community,
(e) conduct of a director causing, comprising or involving any of the following:
(i) directing or influencing, or attempting to direct or influence, a member of the staff of the authority in the exercise of the functions of the staff member,
(ii) an act of disorder committed by the director at a meeting of the board of an authority or a committee of the board.
A director of a board of an authority must not contravene the code.
Nothing in this section or such a code gives rise to, or can be taken into account in, any civil cause of action, and nothing in this section affects rights or liabilities arising apart from this section.
An authority may, by resolution at a board meeting, formally censure a director of the board of the authority for a contravention of the code of conduct.
A formal censure resolution may be passed only if the board is satisfied that the director has contravened the code on one or more occasions.
The board must specify in the formal censure motion the grounds on which it is satisfied that the director should be censured.
An authority may, by written notice given to the State Council, state the authority’s belief that grounds may exist that warrant the suspension of a director of the board of the authority for a contravention of the code of conduct.
The State Council, on receipt of the notice, may request that the authority make a report in relation to the alleged contravention.
The authority must make the report to the State Council requested under subsection (2) before the date specified in the State Council’s request or before a later date allowed by the State Council.
The State Council may:
(a) conduct an investigation into any or all of the matters raised by or connected with such a notice or report, or
(b) authorise another person (
an investigator ) to conduct such an investigation and to prepare a report into those matters.
If the State Council has conducted an investigation or considered an investigator’s report into the matters concerned and is satisfied that grounds exist that warrant action being taken in relation to the director, the State Council may do any one or more of the following:
(a) by order in writing suspend the director from office for a period not exceeding 3 months,
(b) direct the director to take specified remedial or other action,
(c) recommend to the Minister that the director be removed from office under clause 6 (2) of Schedule 1.
A copy of the order referred to in subsection (5) (a) must be served on the director.
A copy of the direction referred to in subsection (5) (b) must be served on the director.
A director, while suspended from office under this section:
(a) is not entitled to exercise any functions of the office, and
(b) is not entitled to any fee or other remuneration to which he or she would otherwise be entitled as the holder of the office.
The period of suspension under an order made by the State Council commences on the date 7 days after the service of the order on the director or the date specified in the order for the commencement of the period of suspension, whichever is the later.
If the director fails to take the specified remedial or other action referred to in subsection (5) (b), the State Council may recommend to the Minister that the director be removed from office under clause 6 (2) of Schedule 1.
Nothing in this Division affects or limits any proceedings or other action that may be taken in respect of a director of a board of an authority.
In this Part:
An authority must, if requested to do so by a person who is the occupier of 2 or more holdings within its district that are not contiguous, treat the holdings as a single holding for the purposes of determining liability to pay a rate under this Part.
For the purposes of this Act, land within a district is rateable land if it is the whole or any part of a holding that is within the district and either:
(a) the land has an area that is not less than the area prescribed by the regulations in relation to the district for the purposes of this paragraph, or
(b) if the regulations provide for land to be rateable land in any other specified circumstances—those circumstances exist in respect of the land.
See section 8 for when a holding is within a district.
The following types of rate can be made by an authority:
(a) a general rate,
(b) an animal health rate,
(c) special purpose rates.
An animal health rate may be levied in respect of rateable land comprising a holding for which an annual return has not been lodged in accordance with section 76.
An authority must make and levy a general rate for each year on all rateable land in its district.
An authority must make and levy an animal health rate for each year.
An authority may make and levy one or more special purpose rates for any year on any land in its district when the authority considers it necessary to do so.
A rate does not have effect until it is approved by the Minister.
A rate is to be made in accordance with the regulations.
The regulations may:
(a), (b) (Repealed)
(c) specify the purposes for which any special purpose rate or animal health rate may be levied,
(d) exempt rateable land on which less than a specified number of stock are kept from liability for any animal health rate.
A rate is levied on the land specified in a rate notice by giving the notice to any occupier of the land liable to pay the rate.
Section 240 (Service and giving of notice and other documents) sets out the ways in which notice may be given.
A rate notice is to be in the approved form and is to specify the amount of each rate levied.
A rate is due and payable on the day (being a day not less than 28 days and not more than 42 days after notice of the rate is given) specified in the notice.
An authority may accept payment of a rate by instalments or in accordance with an agreement made with the person liable to pay the rate.
For the purposes of subsection (1), if there are 2 or more occupiers of land, a rate notice duly given to any one of the occupiers is taken to have been given to the other occupiers of the land.
An occupier (other than the owner) of land who is given a rate notice must give any owner (other than the Crown) of the land oral or written advice of the rate levied within 14 days after being given the rate notice.
Maximum penalty: 10 penalty units.
The occupier of land on which a rate is levied by an authority is liable to pay the rate to the authority, except as provided by this Part.
If there are 2 or more occupiers of the land, they are jointly and severally liable to pay the rate. However, as between themselves they are liable only for that part of the rate that is proportionate to the occupier’s interest in the land.
An occupier who pays to the authority more than the occupier’s proportionate part of the rate may recover the excess by way of contribution from the other occupier or occupiers.
An owner (other than the Crown) of the land in respect of which any rate is levied by the authority is liable for payment to the authority of the whole or any part of the rate that is unpaid 12 months after the day on which it became due and payable by an occupier and any interest or any other charges payable in respect of the rate.
An authority cannot recover any unpaid rate, interest or charges from an owner under subsection (1) unless it gives the owner 28 days’ notice of the amount of the rate that is unpaid and of any interest or charges payable in respect of the rate.
An owner who pays the whole or part of an unpaid rate or any interest or charges payable in respect of the rate may recover the amount paid from the occupier who was given the rate notice.
Nothing in subsection (2) affects any occupier’s liability for payment of a rate.
If there are 2 or more owners of land, they are jointly and severally liable to pay the unpaid rate. However, as between themselves they are liable only for that part of the rate that is proportionate to the owner’s interest in the land.
An owner who pays to the authority more than the owner’s proportionate part of the unpaid rate may recover the excess by way of contribution from the other owner or owners.
The liability of a person to pay to an authority a rate in respect of land that is unpaid on the day the person ceases to be the occupier or owner of the land continues until the day on which notice of the change in occupancy or ownership is given by the person in accordance with section 81.
The liability of a person who ceased to be the occupier or owner of the land (
The giving of a notice as referred to in subsection (1) does not affect any liability of the owner of the land other than the Crown (if the notice is of change of occupancy) or the new owner of the land other than the Crown (if the notice is of change of ownership) for the whole or any part of a rate that is unpaid or for any interest or any other charges in respect of the rate under section 65.
If any unpaid rate, interest or charge is paid to an authority by the owner or new owner, he or she may recover the amount from the former occupier or former owner (see section 68).
A person who pays to an authority any rate levied in respect of land after the person ceases to occupy or own the land and before the person gives notice of the change in occupancy or ownership of the land may recover the amount from any successive occupier or owner of the land who is liable to pay that rate.
A person who becomes the occupier of land that is the subject of a lease, licence or purchase from the Crown is not liable for any rate levied in respect of the land that is unpaid on the day the person becomes the occupier of the land.
This section applies to a rate levied in respect of land for a year if the occupancy or ownership of the land (whether in whole or in part) is subsequently changed during that year to a different occupier or owner.
The rate is payable as between the former and subsequent occupier or owner of land proportionately to the part of the year during which the occupier or owner occupied the land and to the part of the land occupied or owned.
An occupier or owner of land who pays to an authority any rate that accrued during the occupancy or ownership of the land by some other person is entitled to recover from that other person as a debt such proportion of the rate as accrued while that other person was the occupier or owner of the land.
An authority must assess the notional carrying capacity of each holding in its district in accordance with the regulations.
The authority may assess the notional carrying capacity of a holding at any time but must assess it within 5 years (or such other period as may be prescribed by the regulations) of its last assessment.
The authority is to give any occupier of the holding notice of its assessment as soon as practicable after it is made (but not later than on the first occasion following the assessment on which a rate notice with respect to the land is given).
For the purposes of subsection (3), if there are 2 or more occupiers of a holding, a notice of assessment duly given to any one of the occupiers is taken to have been given to the other occupiers of the holding.
An occupier (other than the owner) of a holding who is given a notice of assessment must give each other occupier and each owner oral or written advice of the assessment within 14 days after being given the notice of assessment.
Maximum penalty: 10 penalty units.
An owner or occupier of a holding who is dissatisfied with an authority’s assessment of the notional carrying capacity of the holding may apply in writing to the authority for a review of the assessment.
An application for review of an assessment must be made not later than 28 days after notice of the assessment is given to the occupier.
The authority may, within 28 days of receipt of an application for review of an assessment, require the applicant to provide the authority with such additional information as the authority may reasonably require to review the assessment.
The authority is not required to deal with an application for review of an assessment if the applicant fails to provide additional information to the authority when required to do so.
The authority is to review the assessment within the period of 40 days after:
(a) it receives the application, or
(b) if it has required the applicant to provide additional information, receipt of the information.
On reviewing an assessment, the authority concerned may:
(a) confirm the assessment, or
(b) vary the assessment.
The authority is to give the applicant for review of the assessment notice of its decision on review of the assessment as soon as practicable after the review.
An applicant who is given notice of the authority’s decision on review of an assessment must give each other occupier or owner of the land oral or written advice of the decision within 14 days after being given notice of it.
Maximum penalty: 10 penalty units.
The authority is taken (for the purposes only of an appeal) to have decided to confirm the assessment if the authority has not reviewed the assessment within the period of 40 days after:
(a) the making of the application for review, or
(b) if it has required the applicant to provide additional information, receipt of the information.
If an occupier or owner of a holding is dissatisfied with the decision of an authority on review of an assessment of the notional carrying capacity of a holding, the occupier or owner may, not later than 30 days after being given notice of the decision, appeal against the authority’s assessment to the appropriate local land board.
An appeal is to be determined on the information provided or available to the authority in making the assessment and any additional information provided under section 70. However, the local land board may also take into account any relevant information contained in an annual return under section 76 that has been duly lodged by the applicant.
Before hearing an appeal against an assessment of the notional carrying capacity of a holding, the local land board must be satisfied that the appellant has paid all rates that the appellant is liable to pay under this Act, other than any rates based on the assessment of the notional carrying capacity that is the subject of the appeal.
An occupier or owner of land may appeal against the validity of any rate levied on land to the appropriate local land board.
An appeal may be made on the ground that the land or part of it is not rateable or is not subject to a particular rate.
An appeal is to be lodged within 30 days after the occupier of the land is given the rate notice.
The local land board is not to hear an appeal under this section in respect of a rate levied in respect of a year unless the appellant has produced to the local land board a certificate issued by the authority (or such other evidence as is acceptable to the local land board) confirming that all rates due and payable in any preceding year in relation to the land have been paid.
Section 240 (Service and giving of notices and other documents) sets out various ways in which a rate notice may be given.
After hearing the appeal against an assessment of the notional carrying capacity of a holding, the local land board must decide the appeal by:
(a) confirming the assessment, or
(b) varying the assessment by altering the assessment.
After hearing the appeal against a rate levied on land, the local land board must decide the appeal either:
(a) by confirming the rate as levied, or
(b) by varying the rate.
The decision of a local land board on the hearing of the appeal is final.
The lodgment of an appeal against the validity of the rate under section 73 does not prevent proceedings being taken for the recovery of the rate.
The fact that an appeal has been lodged against the validity of a rate under section 73 does not prevent the State Council from exercising a power conferred by section 79.
An authority may sell land in respect of which the payment of rates is overdue—see Schedule 5.
An annual return for a holding in a district must be lodged in accordance with the regulations by any person prescribed by the regulations as the person responsible for the lodgment of such a return.
Maximum penalty: 20 penalty units.
The annual return is to give details of the matters prescribed by the regulations.
An annual return for a holding that is lodged in accordance with section 76 remains the annual return for that holding for the year it concerns irrespective of any changes occurring in that year in respect of the ownership or occupation of the land or the stock kept on the holding.
An authority may, subject to the regulations, require any person who lodges an annual return or any owner or occupier of the holding to which an annual return relates to provide any specified information relating to matters covered by the return for the purpose of:
(a) verifying or updating the authority’s records, or
(b) inquiring into the accuracy of information contained in the return.
It is an offence in some circumstances to fail to provide information when required to do so under this Act see section 210 (Offences relating to the provision of information in relation to certain matters).
The State Council may, with the approval of the Minister, extend the period for a rate to be fixed or rate notice to be given if for any reason the rate is not fixed, or rate notice is not given, within the period prescribed by or under this Act.
The State Council may, with the approval of the Minister, authorise an authority to do any things that are necessary to cure an irregularity and to validate a rate if any irregularity in fixing or levying a rate affects, or may be considered to affect, the validity of any rate.
An authority may, with the approval of the State Council, do any one or more of the following:
(a) grant a rebate of a rate,
(b) waive payment of a rate or part of a rate,
(c) refund to an occupier or owner a rate or part of a rate,
(d) write off any amount of rates waived or refunded under this section.
Action under this section may be taken in a particular case or class of cases.
A person must, within one month after ceasing to be or becoming the occupier or owner of rateable land within a district, give notice in the approved form to the authority for the district.
Maximum penalty: 10 penalty units.
A person is taken to have satisfied the requirements of this section in relation to a change of ownership if notice of the change is lodged with the Registrar-General in accordance with section 39 of the Real Property Act 1900 or section 184E of the Conveyancing Act 1919 within one month after the change of ownership.
The occupier of rateable land within a district must notify the authority for the district of any change in the occupier’s postal address within one month after the change occurs.
Maximum penalty: 10 penalty units.
The owner of stock kept on rateable land within a district must notify the authority for the district of any change in the owner’s postal address within one month after the change occurs.
Maximum penalty: 10 penalty units.
A person who becomes the occupier of rateable land within a district must notify the authority for the district of the occupier’s postal address within one month after becoming the occupier of the land.
Maximum penalty: 10 penalty units.
The government agency or other public authority that grants a person short tenure of Crown land in a district is to notify the authority for the district as soon as practicable after the grant.
A person who takes Crown land in a district on a short tenure must provide to the authority for the district a tenure bond within 14 days of taking the land on short tenure.
Maximum penalty: 20 penalty units.
The tenure bond is to be in the form approved, and for such reasonable amount as is determined, by the authority.
At the end of the short tenure of land, an amount equal to any unpaid rates, charges, interest or any other amount owed to the authority in respect of the land by the holder of the short tenure is forfeited to the authority from any tenure bond provided under this section.
The authority must refund the balance (if any) of the tenure bond to the person who provided it.
Except as provided by subsection (4), nothing in this section:
(a) affects the liability of any person to pay rates under this Act, or
(b) affects an authority’s right to recover rates under this Act.
The regulations may make provision for or with respect to the forfeiture to an authority of any tenure bond provided to the authority under this section.
In this section:
This Part provides:
(a) for the management, and regulation of the use by travelling stock and persons, of travelling stock reserves that are fully controlled by authorities, and
(b) for regulation of the use by travelling stock and persons of travelling stock reserves that are not fully controlled but are managed by authorities and of public roads.
In this Part:
(a) a travelling stock reserve the care, control and management of which is vested in an authority under this Part, or
(b) a travelling stock reserve that is a stock watering place for which an authority is the controlling authority under Part 9.
(a) in relation to a controlled travelling stock reserve—the authority vested with the care, control and management of the reserve under this Part or that is the controlling authority under Part 9, or
(b) in relation to a public road (or part of a public road)—the authority for the district in which the public road (or part of a public road) concerned is located, or
A board that had, or purported to have, control of a travelling stock reserve under section 80 of the former Act immediately before the commencement of section 85 of this Act is taken to have the care, control and management of the reserve under section 85.
Any act, matter or thing done before the commencement of this clause in relation to a travelling stock reserve by a board that purported to have control of the reserve under section 80 of the former Act that would have been validly done if the board had had such control, is validated.
Land that, immediately before the commencement of section 129 of this Act, was a stock watering place under the former Act is taken to have been declared to be a stock watering place under section 129 of this Act.
A walking stock permit, grazing permit, stock licence, stock holding permit or apiary site permit or other authority issued under Part 6 of the former Act (an
Nothing in this Act affects any claim lodged under section 36 of the Aboriginal Land Rights Act 1983 before the commencement of this clause.
Section 60 of the former Act continues to apply to and in respect of a surety lodged under that section before the commencement of section 83 of this Act as if it had not been repealed.
Stock impounded under the former Act and not released before the commencement of Part 10 of this Act are to continue to be dealt with as if the relevant provisions of the former Act were still in force.
A lease of a stock watering place granted under the former Act and in force at the commencement of section 134 of this Act continues to have effect for the unexpired part of its term.
The lessee under the lease has the same rights and is subject to the same obligations and liabilities as the lessee would have if the lease had been granted under section 134 of this Act.
In this clause:
(a) any animal or bird of a species that, immediately before the commencement of this clause, was a noxious animal within the meaning of the former Act,
(b) any insect of any species that, immediately before the commencement of this clause, was a noxious insect within the meaning of the former Act,
(c) any animal or bird of a species that, immediately before the commencement of this clause, was the subject of a control order made under section 138D of the former Act.
The Minister may make a pest control order under Part 11 that declares a former pest (or only such species, hybrid or description of such a pest as is specified in the order) to be a pest within the meaning of this Act without complying with the requirements of sections 146 and 147. Such a pest control order is taken to be made in accordance with Division 2 of Part 11.
Nothing in this clause limits section 26 of the Interpretation Act 1987.
An order made under section 127 of the former Act that is in force immediately before the commencement of section 143 of this Act and not fully complied with before that commencement continues to have effect as if Part 9 of the former Act were still in force.
If permission granted under the former Act to keep a noxious animal is in force immediately before the commencement of section 174 of this Act, that permission is, on that commencement, to be taken to be an approval granted under that section.
The registration of a brand design or earmark design under Part 12 of the former Act continues in force in relation to stock as if that Act had not been repealed until a scheme has been established in relation to the identification of stock by or under the regulations made for the purposes of this Act.
Any delegation made by the Minister under the former Act that has not been revoked before the commencement of section 241 of this Act and that could have been made under that section if that section had been in force when the delegation was made continues in force as if it had been made under that section.
The Noxious Insects Destruction Account established under section 148 of the former Act may be continued, on the repeal of that section, as a special deposit account of that name. Money in that account on the repeal of that section may be used for the eradication of plague locusts and other pests that are insects.
If:
(a) a notice or notification has been given or served under a provision of the former Act, and
(b) a similar notice or notification could have been served under a corresponding provision of this Act had this Act been in force at the relevant time, and
(c) either the period within which the notice or notification was due to take effect had not expired when that corresponding provision commenced or, if it had expired, the notice or notification had not been complied with,
the notice or notification is to be treated as if it were a notice or notification served under that corresponding provision.
If:
(a) a certificate or other document prepared or created under or for the purposes of a provision of the former Act was in force immediately before the repeal of that provision by this Act, and
(b) a similar certificate or document could be prepared or created under or for the purposes of a corresponding provision of this Act,
that certificate or document continues to have effect as if it had been prepared or created under or for the purposes of that corresponding provision.
A valid transported stock statement within the meaning of clause 39 (3) of the Rural Lands Protection (General) Regulation 2001, as in force immediately before the commencement of this clause, is taken to be a transported stock statement within the meaning of Part 10A.
The person who filled out and signed such a statement must retain a copy of the statement for 2 years after the end of the journey to which it relates.
A roll established under clause 10 of Schedule 2 and in force immediately before the commencement of this clause continues to be an electors’ roll for the purposes of that Schedule and may be amended for the purpose of complying with that clause as amended by Schedule 1 [18] to the Rural Lands Protection Amendment Act 2003.
This Act, as amended by the Rural Lands Protection Amendment Act 2006, applies to the preparation of boards’ financial reports, and the auditing of those reports, for the 2006 financial year and each financial year after that.
In this Part,
The State Council is a continuation of, and the same legal entity as, the State Council of Rural Lands Protection Boards.
A reference to the State Council of Rural Lands Protection Boards (however described) in any other Act or instrument is taken to be a reference to the State Council.
A rural lands protection district existing immediately before the commencement of the amending Act is taken to be a livestock health and pest district constituted under section 5.
A rural lands protection board existing immediately before the commencement of the amending Act is taken to be a livestock health and pest authority constituted under section 37.
A reference to a rural lands protection district (however described) in any other Act or instrument is taken to be a reference to a livestock health and pest district constituted under this Act.
A reference to a rural lands protection board (however described) in any other Act or instrument is taken to be a reference to a livestock health and pest authority constituted under this Act.
At the first meeting of each board after the general election held in 2013, the directors so elected are to be divided, in accordance with the method set out in the regulations, into:
(a) two year term directors, and
(b) four year term directors.
The term of office of:
(a) a two year term director expires on the day immediately before the periodic election to be held in 2015, and
(b) a four year term director expires on the day immediately before the periodic election to be held in 2017.
The following periods of time in relation to a person are to be disregarded for the purposes of clause 9 (3) of Schedule 2:
(a) any term of office of a two year director between 2013 and 2015,
(b) any period of time served by a director on a board before 1 May 2009.
Despite section 31, the contribution to be made by each authority to the State Council for the purpose of enabling the State Council to carry out its functions in calendar year 2009 is to be determined by the State Council.
A guideline issued by the State Council under section 25 before its repeal by the amending Act is taken to have been made under section 23.
During calendar year 2009, a rate may consist of:
(a) a base amount, and
(b) an amount payable for each stock unit based on the total notional carrying capacity of rateable land in the district.
During calendar year 2009, an authority of a district that was constituted by amalgamation on 1 January 2009 may make and levy different rates for the different constituent parts of its district.
In this clause,
A determination of remuneration for a member of the State Council under clause 5 (1) of Schedule 1, as in force immediately before its amendment by the amending Act, continues in force as if it had been made by the Minister after that amendment.
A determination of remuneration for a director of a board under clause 5 (2) of Schedule 1, as in force immediately before its amendment by the amending Act, continues in force as if it had been made by the Minister after that amendment.
On the commencement of this clause, all members of the State Council cease to hold office.
The Minister may, by order published in the Gazette:
(a) appoint a person specified in the order as administrator of all the functions of the State Council, or
(b) appoint up to 9 persons (being persons who have previously served as members of the State Council) as interim members of the State Council.
The administrator or interim members hold office (subject to this Act) until immediately before the first meeting of the State Council (as constituted by members appointed in accordance with section 20).
An administrator appointed under this clause has and may exercise, subject to any conditions specified in the order appointing the administrator, the functions of the State Council specified in the order. Any delegation or authority made or conferred by the State Council in respect of any function of the State Council that may be exercised by an administrator appointed under this clause ceases to have effect on that appointment.
A person appointed as an interim member of the State Council by an order under this clause has and may exercise, subject to any conditions specified in the order, all the functions of a member of the State Council.
The Minister is to call the first meeting of the State Council (as constituted by members appointed in accordance with section 20) in such manner as the Minister thinks fit.
Schedule 1 applies, with such modifications as are necessary, to and in respect of any such interim State Council.
The financial year of the State Council and an authority that commences on 1 January 2009 is taken to end on 30 June 2010.
Section 62 (3A) applies only to a rate made after the commencement of that subsection.
This clause:
(a) has effect on and from 1 January 2010, and
(b) ceases to have effect on the commencement of Schedule 4 [2] and [4] to the Rural Lands Protection Amendment Act 2008.
A rate may consist of:
(a) a base amount, and
(b) an amount payable for each stock unit based on the total notional carrying capacity of rateable land in the district.
An authority may, in accordance with the regulations, if any, do either or both of the following:
(a) divide its district into zones and make and levy different rates for different zones,
(b) make and levy different rates for the different constituent parts of its district.
In this clause,
The making of rates is subject to the approval of the Minister (see section 62 (3A)) and any guidelines and specific orders of the State Council (see section 12 (1)).
(Section 249)
The amendments made by this Schedule commence on 1 January 2014 (see section 249).
Omit “general or” wherever occurring in section 223 (1) (b) and (2) (b).
Omit “general election” from clause 9 (1) (a) (as amended by Schedule 5).
Insert instead “periodic election”.
Omit clause 15 (1) (a). Insert instead:
where vacant positions of directors are filled at a periodic election—within one month, or within such extended period as the State Council allows, after that election, or
Omit the definition of
Insert instead in alphabetical order:
Omit “general election” wherever occurring.
Insert instead “periodic election”.
Omit the clause. Insert instead:
The State Council is to ensure that:
(a) a periodic election is held for each board for the elected director offices falling vacant in 2015 to enable the directors so elected at the election to take office on 1 May 2015, and
(b) periodic elections are subsequently held in every second year after 2015 for the elected director offices falling vacant in those years to enable directors elected at those periodic elections to take office on 1 May in that year.
Omit the subclause. Insert instead:
Subject to this Schedule and the regulations, the term of office of an elected director of a board expires on the day immediately before the second periodic election held after his or her election as a director.
Omit the subclause. Insert instead:
However, if the vacation of office occurs within 6 months before the term of office of the elected director concerned would have expired, an election to fill the vacancy must not be held.
Insert after Part 4:
The regulations may make provision for or with respect to the holding of an election for all elected director positions (for example, after an amalgamation under section 5 or after the appointment of an administrator under section 218) and, specifically, may make provision for the recommencement of a cycle of periodic elections.
Omit the definition of
Insert in alphabetical order:
In this Act:
(a) the form prescribed by the regulations for the purposes of the provision in relation to which the expression is used, or
(b) if no such form is prescribed, the form (if any) approved by the State Council for the purposes of the provision in relation to which the expression is used.
(a) in relation to an authorised officer appointed by an authority—the authority, or
(b) in relation to an authorised officer appointed by the Minister—the Minister, or
(c) in relation to an authorised officer appointed by the State Council—the State Council, or
(d) in relation to an authorised officer appointed by the Director-General—the Director-General.
(a) a parcel of land, or
(b) several parcels of land which:
(i) are contiguous with one another or are separated from one another only by a road, river, creek or other watercourse, and
(ii) constitute or are worked as a single property,
irrespective of whether those parcels are held under the same title or different titles or titles of different kinds or whether they are in the same district.
See section 8 (When is a holding within a district?).
(a) the person for the time being entitled to possession of land and includes, if the person so entitled does not reside on the land, the resident manager or other person in charge of the land,
(b) if the land is public land to which no person is entitled to possession—the person having the care, control and management of the land,
(c) if the land is reserved or dedicated for any public use or purpose—the trustee or trustees of the land,
(d) if the land consists of a public road—the roads authority for that road within the meaning of the Roads Act 1993,
(e) if the land consists of a travelling stock reserve—the responsible authority within the meaning of Part 8,
(f) any other person designated by the regulations as an occupier of land for the purposes of this definition.
(a) the holder, or the holder subject to mortgage, of any lease or licence or promise of any lease or licence from the Crown, or
(b) the holder, or the holder subject to mortgage, of any incomplete purchase or perpetual lease from the Crown, or
(c) the person entitled to an estate of freehold in possession:
(i) whether in fee simple or for life or otherwise, or
(ii) whether at law or in equity, or
(iii) whether absolutely or by way of mortgage, or
(d) the person in whom is vested any land taken or appropriated under the authority of any statute authorising land to be taken or appropriated for the purpose of any private undertaking.
(a) a Minister of the Crown, or
(b) a local authority constituted by or under an Act, or
(c) a government department, or
(d) a statutory body representing the Crown, or
(e) the trustee or trustees of land reserved or dedicated for any public use or purpose, or
(f) a State owned corporation, or
(g) a member of staff or other person who exercises functions on behalf of any of the above.
(a) Crown land that is not the subject of a contract for sale, or
(b) land, not being a road, that is the subject of a dedication or permanent reservation for public uses or purposes,
being land that is not the subject of any lease or licence under the Crown Lands Acts or under any other Act authorising the occupation or use of land vested in the Crown.
0
0
0