Stock Routes and Rural Lands Protection Act and Another Act Amendment Act 1978 (Qld)

426 wwrUSIUU4 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1978 An Act to amend The Stock Routes and Rural LandsProtectionAct of 1944 as subsequently amended and the Barrier Fences Act 1954-1972 each in certain particulars and for other purposes [ ASSENTED TO 22ND AUGUST, 1978] 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 Stock Routes and Rural Lands Protection Act and Another Act Amendment Act 1978. 2. Citation . (1) In this Act, The Stock Routes and Rural LandsProtection Act of 1944 as subsequently amended is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Stock Routes and Rural Lands Protection Act 1944-1978. (3) The Barrier Fences Act 1954-1972 as amended by this Act may be cited as the Barrier Fences Act 1954-1978.

Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 427 3. Commencement . This Act shall come into operation on a date to be proclaimed. 4. Amendment of long title . The Principal Act is amended by in the long title omitting the words " incidental and consequential " and substituting the word " other ". 5. Amendment of s. 4 . Section 4 of the Principal Act is amended by in the words " PART III-CONSTITUTION, FUNCTIONS, AND DUTIES OF THE CO-ORDINATING BOARD " omitting the word " CO-ORDINATING ". 6. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) inserting after the term " Area " the following term:- " " Board "-The Stock Routes and Rural Lands Protection Board constituted under this Act;"; (b) omitting the term " Co-ordinating Board "; (c) inserting after the term " Dingo " the following term:- " " Executive Director "-The Executive Director appointed for the purposes of this Act: the term includes any person for the time being performing the duties of the office of Executive Director;"; (d) inserting after the term " Prescribed " the following term:- " " Primary Producer Organization "-An organization or association or a body or group of persons (whether the organization, association, body or group is incorporated or unincorporated) representing rural producers actively engaged in a primary producing industry;"; (e) omitting the term " Superintendent ". 7. Amendment of s. 6. Section 6 of the Principal Act is amended by, in subsection (2), omitting the words " a Superintendent of Stock Routes and Pest Destruction and such and so many Assistant Superintendents of Stock Routes and Pest Destruction," and substituting the words " an Executive Director, an Assistant Executive Director and such and so many ". 8. Repeal of and new s . 11. The Principal Act is amended by repealing section 11 and substituting the following section:- " 11. Duties of Executive Director . In addition to the powers, duties and functions of the Executive Director otherwise prescribed by this Act, the Executive Director shall- (i) subject to the approval of the Minister, carry out the policies and decisions of the Board; (ii) perform such other duties relative to the administration of this Act as the Minister directs.". 9. Amendment of heading to Part III . The Principal Act is amended by in the heading appearing immediately before section 13 omitting the word " CO-ORDINATING ".

428 Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 10. Repeal of s. 13 and new ss. 13-13N. The Principal Act is amended by repealing section 13 and substituting the following sections:- " 13. Constitution of Board . There shall be constituted from time to time as prescribed a board under the name and style " Stock Routes and Rural Lands Protection Board ". 13A. Members of Board . (1) The Board shall consist of not less than 10 nor more than 13 members of whom the following shall be members :- (a) two owners or occupiers (or one of each) of holdings nominated by The United Graziers' Association of Queensland (Union of Employers); (b) an owner or occupier of a holding nominated by The Queensland Graingrowers Association; (c) an owner or occupier of a holding nominated by The Queensland Cane Growers' Association; (d) an owner or occupier of a holding nominated by The Council of Agriculture; (e) an owner or occupier of a holding nominated by The Queensland Dairymen's State Council; (f) a chairman or member of a Local Authority nominated by The Local Government Association of Queensland (Incorporated); (g) the Executive Director, who shall be a member ex officio; (h) the Chief Commissioner of Lands, or his nominee, who shall be a member ex officio; (i) the Director-General, Department of Primary Industries, or his nominee, who shall be a member ex officio; and (j) if the Minister thinks fit, such other member or members (not exceeding two) nominated by The Local Government Association of Queensland (Incorporated) or by such primary producer organizations as the Minister specifies by notification published in the Gazette. (2) If the Minister specifies that the membership of the Board include another member or other members he shall in the notification referred to in subsection (1) (j) specify that the other member or members shall be- (a) one other chairman or member of a Local Authority nominated by The Local Government Association of Queensland (Incorporated); (b) one owner or occupier of a holding nominated by each primary producer organization that is specified by the Minister (each such primary producer organization being a primary producer organization other than those referred to in subsection (1)); or (c) a combination of the persons specified in provisions (a) and (b). Upon the' publication of such a notification and until it is rescinded or a fresh such notification is made to replace the first-mentioned notification, this section shall be construed to provide for the membership of the Board to be constituted

Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 429 as so increased and to provide for the membership of the Board .next constituted and of each Board thereafter constituted as if the first-mentioned notification for the time being were referred to in lieu of subsection (1) (j). A specification made pursuant to subsection (1) (j) may be made at any time before or after the Board is first constituted. (3) Neither the power given by this section to increase the membership of the Board nor any exercise of that power shall affect the continuity in office of members of the Board then in office or any rights or liabilities of the Board or render defective any legal proceeding by or against the Board whether then commenced or not commenced. (4) If The Local Government Association of Queensland (Incorporated) or a primary producer organization thereunto entitled fails or refuses to nominate a member or members of the Board or to nominate a qualified person, the Governor in Council may appoint any qualified person or persons as the nominated member or members who shall be deemed to have been nominated by that Association or, as the case may be, the primary producer organization in question. 13B. Change of name etc . of primary producer organization. (1) If a primary producer organization specified in provision (a), (b), (c), (d) or (e) of section 13A (1) changes its name the Minister may by notification published in the Gazette substitute the organization's new name for its name as specified in that section. Upon the publication of such a notification and until a fresh such notification is published to replace the first-mentioned notification, section 13A (1) shall be so constructed to provide for the membership of the Board next constituted and of each Board thereafter constituted as if the organization's new name were referred to in that section in lieu of its name as specified in that section. (2) If at any time any of the members of a primary producer organization specified in provision (a), (b), (c), (d) or (e) of section 13A (1) form into another organization and the Minister is satisfied that the other organization has replaced the first-mentioned organization he may by notification published in the Gazette substitute the other organization for the first-mentioned organization. Upon the publication of such a notification and until a fresh such notification is published to replace the first-mentioned notification, section 13A (1) shall be so constructed to provide for the membership of the Board next constituted and of each Board thereafter constituted as if the other organization so substituted for the time being were referred to in that section in lieu of the organization for which it is substituted. 13C. Appointment of Board Members. (1) The members of the Board, other than a member ex officio, shall be appointed by the Governor in Council by notification published in the Gazette.

430 Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 (2) The Board may be first constituted at any time after the commencement of the Stock Routes and Rural Lands Protection Act and Another Act Amendment Act 1978 and if in so constituting or thereafter constituting the Board the provisions of this Part with respect to the nomination and appointment of members of the Board are complied with the Board shall be taken to have been validly constituted. 13D. Term of appointment . (1) Subject to subsection (2), every member of the Board, other than the chairman and members ex officio, shall be appointed for a term not exceeding three years and, if he is duly nominated for a second or subsequent appointment, shall be eligible for further appointment to membership of the Board but in every case, unless his office is sooner vacated as prescribed, his appointment shall be deemed to continue until his successor, duly appointed as prescribed, assumes his office as a member. (2) If, as the result of a specification made pursuant to section 13A (1) (j), a person is appointed to be a member of the Board during the currency of the term of office of members appointed pursuant to section 13A (1) (a) to 13A (1) (f) (both inclusive) the appointment of that person shall continue and be deemed to continue until the expiration of the term of appointment of the lastmentioned members and, if he is duly nominated for a second or subsequent appointment, shall be eligible for further appointment to the membership of the Board but in every case, unless his office is sooner vacated as prescribed, his appointment shall be deemed to continue until his successor, duly appointed as prescribed, assumes his office as a member. 13E. Chairman . (1) The Governor in Council shall from time to time by notification published in the Gazette appoint, on the recommendation of the Minister (who before making such recommendation shall consult with the Board), a person to the office of chairman, and where at the time of such appointment the person so appointed is not a member he is by force of his -appointment to the office of chairman thereby appointed to be a member for so long as he continues to hold office as chairman. (2) A person appointed to be chairman of the Board shall be appointed for a term not exceeding three years and the appointment of that person to the office of chairman shall continue and be deemed to continue until the expiration of the term of appointment of the members appointed pursuant to section 13A (1) (a) to 13A (1) (f) (both inclusive) and he shall be eligible for further appointment as chairman of the Board but in every case, unless his office of chairman or member is sooner vacated as prescribed, his appointment shall be deemed to continue until his successor to the office of chairman of the Board, duly appointed as prescribed, assumes his office as chairman of the Board. (3) The chairman of the Board may, by writing furnished to the Minister resign his office as chairman at any time. (4) A person appointed as chairman shall hold office as such until- (a) he resigns his office as chairman; (b) he vacates his office as member as prescribed;

Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 431 (c) the expiration of his term of appointment as chairman; (d) the expiration of his term of appointment as member. (5) A person appointed to fill a vacancy in the office of a member who was chairman of the Board shall not by reason only of his appointment as member be chairman. 13F. Vacating member ' s office. (1) A member, other than a member ex officio, may by writing furnished to the Minister, resign his office at any time. (2) The Governor in Council may remove from office a member, other than a member ex officio, if- (a) he is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy; (b) he becomes incapable, in the opinion of the Governor in Council, of discharging the duties of his office; or (c) he is, in the opinion of the Governor in Council, incompetent or unfit to hold office. (3) A member shall be deemed to have vacated his office- (a) in the event of his resignation, upon the receipt by the Minister of his notice of resignation; (b) in the event of his removal, upon the issue by the Minister of notice of his removal. 13G. Casual vacancy in member ' s office . (1) A member, other than a member ex officio, shall be taken to have vacated his office- (a) if he dies; (b) if he resigns his office as prescribed; (c) if he is removed from office as prescribed; (d) if he declines to act or to act further as a member; (e) if he ceases to be qualified to be a member; (f) if he is absent without the Board's leave first obtained from three consecutive ordinary meetings of the Board of which notice has been duly given to him. (2) For the purposes of subsection (1) (f)- (a) the non-attendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the Board at which a quorum is present is actually held on that day; (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book provided for the purpose.

432 Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 (3) The appointment of a person appointed to fill a casual vacancy shall continue and be deemed to continue for as long as the appointment of his predecessor had the casual vacancy not occurred. 13H. Meetings of the Board . The Board shall hold its first meeting after its first constitution at a time and place appointed by the Minister and thereafter shall hold its meetings at such times and places as the Board by its resolution appoints and at such other times and places as the Minister or the chairman of the Board directs. From and including 1 July 1979 the Board shall hold meetings at least three times in each year. 131. Presiding at meetings . (1) The chairman of the Board shall preside at every meeting of the Board at which he is present and in his absence or until the appointment of a chairman, another member of the Board chosen by the members present at the meeting shall preside. (2) The member of the Board who presides at a meeting of the Board in the absence of the chairman shall, while he is so acting, have all the powers and authorities of the chairman. 13J. Quorum and voting . (1) The quorum of the Board shall consist of not less than two-thirds of the total number of members for the time being required to constitute the Board. No business shall be transacted at a meeting of the Board unless a quorum is present. (2) Save as is otherwise prescribed by this Act, every decision of the Board and of its members shall be taken by majority vote of the members present at a meeting of the Board at which a quorum is present. (3) The chairman of the Board shall have a deliberative vote and in the event of an equality of votes shall have a second or casting vote. (4) A member of the Board who, being present at a meeting of the Board, abstains from voting shall be taken to have voted in the negative. 13K. Restrictive employment provisions inapplicable to membership of Board . A provision of an Act that requires an employee to devote the whole of his time to his employment or that prohibits him from engaging in other employment shall not apply so as to prejudice the employee holding office as a member of the Board. 13L. Validity of Board ' s proceedings . A decision of the Board shall not be avoided or prejudiced by reason of the fact that at the time such decision was taken- (a) there were vacancies in the membership of the Board not exceeding one-third of the total number of members for the time being required to constitute the Board;

Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 433 (b) there is a defect in the appointment or qualification of any member of the Board. 13M. Fees and allowances . (1) Subject to subsection (2), each member of the Board or his nominee shall be paid such fees and allowances as the Minister from time to time determines. (2) Fees and allowances shall not be paid to a member ex officio or his nominee for attendance at any meeting of the Board held during ordinary office working hours of that member or nominee. 13N. Regulations for conduct of Board . The Governor in Council may, on the recommendation of the Board and approval of the Minister, make regulations not inconsistent with this Act for the conduct of the business of the Board, and without limiting the generality of this provision, such regulations may prescribe the procedure at meetings either generally or as to a particular matter, method of voting, records and other matters necessary to ensure the good order and conduct of the business and proceedings of the Board.". 11. Amendment of s. 14. Section 14 of the Principal Act is amended by inserting after subsection (1) the following subsection:- (1A) The Board shall- (a) subject to the Minister, be charged with the supervision of the administration of this Act and in particular with the co-ordinated carrying out by Local Authorities of their respective functions, powers and duties under this Act; (b) within 12 months from the date of its first constitution, or within such extended period as the Minister permits- (i) review existing legislation, policy, administration and procedures relating to the control, containment and eradication of vermin and noxious plants in the State having regard to findings and recommendations contained in the Report of the Committee of Inquiry into Animal and Vegetable Pests (Queensland) 1976 and such other matters as it thinks fit; (ii) make to the Minister comprehensive submissions and recommendations directed at the indentification and establishment in reasonable detail of problems and problem areas existing in the State in respect of such legislation, policy, administration and procedures; (iii) propose to the Minister- (A) practicable solutions for and in respect of such problems and problem areas;

434 Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 (B) practicable solutions for and in respect of the prevention, containment, control or eradication of vermin and noxious plants in the State; (C) a plan or plans for the administration of such practicable solutions; (c) perform such other duties relative to the administration of this Act as the Minister directs. Notwithstanding the provisions of section 3 the term " vermin " for the purposes of this subsection includes rabbits.". 12. Amendment of s. 59 . Section 59 of the Principal Act is amended by, in subsection (1), omitting the words " any Assistant Superintendent ". 13. Amendment of s. 65. Section 65 of the Principal Act is amended by omitting the word " Superintendent " and substituting the words " chairman of the Board ". 14. Amendment of certain references in Principal Act. The Principal Act is amended by- (a) omitting the words " Co-ordinating " wherever it occurs immediately before the word " Board "; (b) omitting the word " Superintendent " wherever occurring and substituting the words " Executive Director ". 15. Construction of references in regulations , etc., under Principal Act. On and from the commencement of this Act in any regulations or Orders in Council made under or any notification published in the Gazette pursuant to the Principal Act a reference to- (a) " Co-ordinating Board " shall be read and construed as a reference to the Board constituted under the Stock Routes and Rural Lands Protection Act 1944-1978; (b) " Superintendent of Stock Routes and Pest Destruction ", " Superintendent of Stock Routes " or " Superintendent " shall be read and construed as a reference to the Executive Director appointed under the Stock Routes and Rural Lands Protection Act 1944-1978. 16. Amendment of references in Barrier Fences Act . The Barrier Fences Act 1954-1972 is amended by- (a) omitting the word " Co-ordinating " wherever it occurs immediately before the word " Board "; (b) omitting the word " Superintendent " wherever occurring and substituting the words " Executive Director " 17. Construction of references in Acts, etc . Unless the contrary intention appears, on and from the commencement of this Act in any Act, Proclamation, Order in Council, regulation, rule, by-law, ordinance, award, contract, agreement or other instrument or document, a reference to- (a) the Co-ordinating Board constituted under the Principal Act shall be read and construed as a reference to the Board constituted under the Stock Routes and Rural Lands Protection Act 1944-1978;

Stock Routes and Rural Lands, Etc., Act Amdt Act 1978, No. 56 435 (b) " Superintendent of Stock Routes and Pest Destruction " or " Superintendent of Stock Routes " shall be read and construed as a reference to the Executive Director appointed under the Stock Routes and Rural Lands Protection Act 1944-1978.