Rural Lands Protection Act Amendment Act 1990 (Qld)

1144 L ANDS PROTECTION A CT AMENDMENT ACT No. 67 of 1990 ANAL YSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Repeal of s. 3. Arrangement of Act 5. Amendment of s. 6. Interpretation 6. Amendment of s. 7. Application to certain roads and reserves for travelling stock 7. Amendment of s. 8. Application to certain watercourses 8. Amendment of s. 12. Powers and functions of Executive Director 9. Amendment of s. 70. Categories of declared plants and animals 10. Amendment of s. 72. Interpretation 11. New subdivisional heading and section Powers of Executive Director if plague likely 12. Repeal of and new s. 91. Person not to sell declared plant Person not to sell declared plant 13. Repeal of Part VII-Plague Locusts 14. Amendment of s. 213. Expenditure-General 15. Amendment of s. 217. Authority to use poison, set traps, etc. 16. Amendment of s. 218. Cyanide of potassium not to be used 17. Amendment of s. 222. Evidentiary provisions 18. Amendment of s. 226. Proceedings for offences 19. Amendment of s. 229. Regulations-general 20. Repeal of s. 230. Regulations-Plague Locusts 21. Amendment of s. 242. Name and address may be required 22. Amendment of s. 243. Obstruction, etc. 23. New s. 256A Dissolution of Plague Locust Destruction Committees

1145 ueenilanb ANNO TRICESIMO NONO ELIZA ET AE SECUN D AE REGINAE An Act to amend the Rural Lands Protection Act 1985 -1988 to enable control measures to be implemented immediately a pest plague exists or is likely to occur and for other purposes [ASSENTED TO 19TH S EPTEMBER, 1990]

1146 Rural Lands Protection Act Amendment Act 1990, No. 67 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Rural Lands Protection Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act, or such of them as are specified, commence on the day or days appointed by Proclamation. 3. Citation. (1) In this Act the Rural Lands Protection Act 1985- 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Rural Lands Protection Act 1985-1990. 4. Repeal of s. 3. Arrangement of Act. The Principal Act is amended by repealing section 3. 5. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended in subsection (1)- (a) in the definition "control", by inserting after provision (f) the following provision:- "(g) in relation to declared animals of category A8, means- (i) to destroy those animals; or (ii) to take such measures as are approved in writing by an authorized person or inspector to reduce and restrict the number and distribution of those animals;"; (b) by omitting the definition "Minister" and substituting the following definition:- "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister;"; (c) by omitting the definition "Plague Locust Destruction Committee". 6. Amendment of s. 7. Application to certain roads and reserves for travelling stock. Section 7 of the Principal Act is amended in subsection (1) by omitting the words ", Division 5 of Part VII". 7. Amendment of s. 8. Application to certain watercourses . Section 8 of the Principal Act is amended in subsection (1) by omitting the words ", Division 5 of Part VII". 8. Amendment of s. 12. Powers and functions of Executive Director. Section 12 of the Principal Act is amended in subsection (1) by omitting paragraph (c).

Rural Lands Protection Act Amendment Act 1990, No. 67 1147 9. Amendment of s. 70. Categories of declared plants and animals. Section 70 of the Principal Act is amended in subsection (4)- (a) by omitting the expression "." where it occurs at the end of paragraph (g) and substituting the expression ";"; (b) by inserting after paragraph (g) the following paragraph:- "(h) category A8 in respect of an area if, in the opinion of the Governor in Council- (i) those animals are pests; and (ii) a plague of those animals would quickly inflict severe damage to crops and pastures, in that area.". 10. Amendment of s. 72. Interpretation . Section 72 of the Principal Act is amended in the definition "declared animal", by omitting the words "A5 or A7" and substituting the words "A5, A7 or A8". 11. New subdivisional heading and section. The Principal Act is amended by inserting after section 85 the following subdivisional heading and section:- "Subdivision DA-Control of Declared Animals Category A8 if Plague Exists or is Likely 85A. Powers of Executive Director if plague exists or is likely. (1) Without affecting any proceeding against or liability of an occupier under section 80 and in addition to any of the powers conferred on the Executive Director by this Act in respect of declared animals, if the Executive Director is satisfied that a plague of declared animals of category A8 exists or is likely to occur in any part of the State and it is essential that immediate action be taken in order to protect crops and pastures, the Executive Director may by notice in writing direct any person to enter any land (other than land situated in a National Park) and carry out such work in such manner as the Executive Director considers necessary to control those animals. (2) A person directed to carry out work under subsection (1) is authorized to enter the land to which the direction relates and endeavour to carry out all or any requirements of the direction.". 12. Repeal of and new s. 91. Person not to sell declared plant. The Principal Act is amended by repealing section 91 and substituting the following section:- "91. Person not to sell declared plant. A person who sells a declared plant commits an offence against this Act.". 13. Repeal of Part VII-Plague Locusts. The Principal Act is amended- (a) by omitting the headings occurring before sections 120, 122, 126, 129, 132 and 137;

1148 Rural Lands Protection Act Amendment Act 1990, No. 67 (b) by repealing sections 120 to 141 both inclusive. 14. Amendment of s. 213. Expenditure-General. Section 213 of the Principal Act is amended in paragraph (b) by omitting the words "or a Plague Locust Destruction Committee". 15. Amendment of s. 217. Authority to use poison , set traps, etc. Section 217 of the Principal Act is amended- (a) in subsection (1), by omitting all words from and including the words "; (c) for any person" to and including the words "for that purpose"; (b) in subsection (3), by omitting all words from and including the words "; (c) where the land" to and including the words "for that purpose"; (c) in subsection (4), by omitting all words from and including the words "; (c) a person" to and including the words "upon the land"; (d) in subsection (5), by omitting all words from and including the words "; (c) destroying plague locusts" to and including the words "for that purpose". 16. Amendment of s. 218. Cyanide of potassium not to be used. Section 218 of the Principal Act is amended- (a) by inserting the word "or" at the end of paragraph (a) and immediately before paragraph (b); (b) by omitting the words "; or (c) destroy any plague locusts". 17. Amendment of s. 222. Evidentiary provisions . Section 222 of the Principal Act is amended- (a) in subsection (1)- (i) by inserting the word "or" at the end of paragraph (c) and immediately before paragraph (d); (ii) by omitting the words "; or (e) a Plague Locust Destruction Committee"; (iii) by inserting the word "or" at the end of paragraph (h) and immediately before paragraph (i); (iv) by omitting all words from and including the words "; or (j) in" to and including the word "concerned"; (b) in subsection (4), by omitting all words from and including the words "; (c) a Plague" to and including the words "the Committee". 18, Amendment of s. 226. Proceedings for offences . Section 226 of the Principal Act is amended- (a) by omitting paragraph (c);

Rural Lands Protection Act Amendment Act 1990, No. 67 1149 (b) in paragraph (e), by omitting the expression ", (c)". 19. Amendment of s. 229. Regulations - general. Section 229 of the Principal Act is amended in paragraph (c) by omitting the words ", a Plague Locust Destruction Committee". 20. Repeal of s. 230 . Regulations - Plague Locusts . The Principal Act is amended by repealing section 230. 21. Amendment of s. 242. Name and address may be required. Section 242 of the Principal Act is amended by omitting the words ", rabbit control officer or member of a Plague Locust Destruction Committee" and substituting the words "or a rabbit control officer". 22. Amendment of s. 243. Obstruction , etc. Section 243 of the Principal Act is amended in paragraph (b) by omitting the words ", rabbit control officer or member of a Plague Locust Destruction Committee" and substituting the words "or a rabbit control officer". 23. New s. 256A. The Principal Act is amended by inserting after section 256 the following section:- "256A. Dissolution of Plague Locust Destruction Committees. (1) Every body corporate constituted by the appointment of a Plague Locust Destruction Committee pursuant to the provisions of the Rural Lands Protection Act 1985-1988 ceases to exist on the commencement of this section. (2) On the commencement of this section- (a) all property which immediately prior to that commencement was held or vested in a Plague Locust Destruction Committee is hereby divested from that Committee and vested in the Local Authority; (b) all liabilities of a Plague Locust Destruction Committee immediately prior to that commencement may be enforced against the Local Authority; (c) all suits, actions or proceedings and all causes of action pending or existing immediately prior to that commencement by or against a Plague Locust Destruction Committee may be carried on and prosecuted by or against the Local Authority and no such suit, action or proceeding is to abate or be prejudicially affected by this section; (d) all contracts, agreements and undertakings entered into with and all securities lawfully given to or by a Plague Locust Destruction Committee and existing at that commencement are to be taken to be contracts, agreements and undertakings entered into with and securities given to or by the Local Authority and may be enforced by or against the Local Authority accordingly.

1150 Rural Lands Protection Act Amendment Act 1990, No. 67 (3) In this section- "Local Authority" means the Local Authority for the Area for which the Plague Locust Destruction Committee concerned is appointed.".