{"id":"qld:act-2002-012","name":"Stock Route Management Act 2002","slug":"stock-route-management-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"12 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":70070,"registerId":"qld-act-2002-012-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Stock Route Management Act 2002 .\ns 1 amd 2014 No. 7 s 545","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purpose and application of Act","content":"# Purpose and application of Act","sortOrder":3},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"Purpose","content":"## Purpose","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to provide for stock route network management.\ns 3 amd 2014 No. 7 s 546","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"How purpose is achieved","content":"### sec.4 How purpose is achieved\n\nThe purpose is to be achieved mainly by the following—\nestablishing principles of stock route network management;\nproviding for stock route network management planning;\nestablishing responsibilities for stock route network management;\nconstructing and maintaining travelling stock facilities on the stock route network;\nmonitoring, surveying and controlling the movement of travelling stock.\ns 4 amd 2014 No. 7 s 547\n- (a) establishing principles of stock route network management;\n- (b) providing for stock route network management planning;\n- (c) establishing responsibilities for stock route network management;\n- (d) constructing and maintaining travelling stock facilities on the stock route network;\n- (e) monitoring, surveying and controlling the movement of travelling stock.","sortOrder":6},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Application","content":"## Application","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship with particular Acts","content":"### sec.6 Relationship with particular Acts\n\nSubject to subsection (2) , this Act does not affect the application of the Nature Conservation Act 1992 or the Forestry Act 1959 .\ns 6 amd 2004 No. 33 s 3 ; 2014 No. 7 s 548","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 sub 2011 No. 25 s 105 sch 1 pt 2\namd 2013 No. 3 s 60 sch 1\nom 2014 No. 7 s 549","sortOrder":10},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions","content":"### sec.8 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":12},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":13},{"sectionNumber":"sec.97","sectionType":"section","heading":"Principles of stock route network management","content":"### sec.97 Principles of stock route network management\n\nThe principles of stock route network management are as follows—\nPublic awareness\nPublic awareness and knowledge of the network’s multiple uses, environmental values and cultural values must be raised to increase the capacity and willingness of individuals to protect the network.\nCommitment\nEffective management of the stock route network requires a long-term commitment by the community to management of the network.\nConsultation and partnership\nConsultation and partnership arrangements between local communities, industry groups, State government agencies and local governments must be established to achieve a collaborative approach to stock route network management.\nManagement\nThe stock route network must be managed—\nto ensure it remains available for public use; and\nto maintain and improve the network’s natural resources and travelling stock facilities for use by travelling stock and for other purposes.\nPayment for use\nA person who benefits from using the network must pay a reasonable amount for its use.\nPlanning\nStock route network management must be consistent at local, regional and State levels to ensure resources for managing the network are used to target management priorities.\nMonitoring and evaluation\nRegular monitoring and evaluation of the network’s natural resources and travelling stock facilities is necessary to improve stock route network management practices.\ns 97 amd 2023 No. 2 s 108 sch 1\n- • Public awareness and knowledge of the network’s multiple uses, environmental values and cultural values must be raised to increase the capacity and willingness of individuals to protect the network.\n- • Effective management of the stock route network requires a long-term commitment by the community to management of the network.\n- • Consultation and partnership arrangements between local communities, industry groups, State government agencies and local governments must be established to achieve a collaborative approach to stock route network management.\n- • The stock route network must be managed— (a) to ensure it remains available for public use; and (b) to maintain and improve the network’s natural resources and travelling stock facilities for use by travelling stock and for other purposes.\n- (a) to ensure it remains available for public use; and\n- (b) to maintain and improve the network’s natural resources and travelling stock facilities for use by travelling stock and for other purposes.\n- (a) to ensure it remains available for public use; and\n- (b) to maintain and improve the network’s natural resources and travelling stock facilities for use by travelling stock and for other purposes.\n- • A person who benefits from using the network must pay a reasonable amount for its use.\n- • Stock route network management must be consistent at local, regional and State levels to ensure resources for managing the network are used to target management priorities.\n- • Regular monitoring and evaluation of the network’s natural resources and travelling stock facilities is necessary to improve stock route network management practices.","sortOrder":14},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Stock route map","content":"### sec.97A Stock route map\n\nThe chief executive may certify a map in digital electronic form as the stock route map for the State.\nIf the chief executive certifies a map under subsection (1) —\nthe chief executive must publish the map, as the current stock route map for the State, on the department’s website; and\nthe map takes effect as the stock route map for the State on the day it is published under paragraph (a) .\nA map published under subsection (2) (a) stops having effect as the stock route map for the State if the chief executive publishes another map under the subsection.\nThe chief executive must, for each map that stops having effect as the current stock route map for the State under subsection (3) , publish the map as a previous stock route map for the State on the department’s website.\nA map published under subsection (4) must state the period for which it had effect.\ns 97A ins 2023 No. 2 s 55\n(sec.97A-ssec.1) The chief executive may certify a map in digital electronic form as the stock route map for the State.\n(sec.97A-ssec.2) If the chief executive certifies a map under subsection (1) — the chief executive must publish the map, as the current stock route map for the State, on the department’s website; and the map takes effect as the stock route map for the State on the day it is published under paragraph (a) .\n(sec.97A-ssec.3) A map published under subsection (2) (a) stops having effect as the stock route map for the State if the chief executive publishes another map under the subsection.\n(sec.97A-ssec.4) The chief executive must, for each map that stops having effect as the current stock route map for the State under subsection (3) , publish the map as a previous stock route map for the State on the department’s website.\n(sec.97A-ssec.5) A map published under subsection (4) must state the period for which it had effect.\n- (a) the chief executive must publish the map, as the current stock route map for the State, on the department’s website; and\n- (b) the map takes effect as the stock route map for the State on the day it is published under paragraph (a) .","sortOrder":15},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"State stock route network management strategy","content":"# State stock route network management strategy","sortOrder":16},{"sectionNumber":"sec.97B","sectionType":"section","heading":"Definition for part","content":"### sec.97B Definition for part\n\nIn this part—\nprescribed local government means a local government to which part 3 applies.\ns 97B ins 2023 No. 2 s 56","sortOrder":17},{"sectionNumber":"sec.98","sectionType":"section","heading":"State stock route network management strategy","content":"### sec.98 State stock route network management strategy\n\nThe chief executive must have a State stock route network management strategy to direct and coordinate management of the network.\nThe strategy may include provision for the following—\nrecognising the network’s multiple uses with the main use being for travelling stock;\npreserving land corridor connections to ensure the integrity and viability of the network;\nmanaging natural resources on the network in a sustainable way;\nmaintaining and improving travelling stock facilities on the network;\nresolving competing and conflicting interests in relation to the network’s use;\nseeking community input into the network’s management.\npublic infrastructure and utilities, including roads, pipelines and telecommunication facilities\nrecreation, tourism or cultural use\nother non-pastoral industries, including bee keeping, forestry, fossicking, mineral exploration and quarrying\ns 98 amd 2023 No. 2 s 57\n(sec.98-ssec.1) The chief executive must have a State stock route network management strategy to direct and coordinate management of the network.\n(sec.98-ssec.2) The strategy may include provision for the following— recognising the network’s multiple uses with the main use being for travelling stock; preserving land corridor connections to ensure the integrity and viability of the network; managing natural resources on the network in a sustainable way; maintaining and improving travelling stock facilities on the network; resolving competing and conflicting interests in relation to the network’s use; seeking community input into the network’s management. public infrastructure and utilities, including roads, pipelines and telecommunication facilities recreation, tourism or cultural use other non-pastoral industries, including bee keeping, forestry, fossicking, mineral exploration and quarrying\n- (a) recognising the network’s multiple uses with the main use being for travelling stock;\n- (b) preserving land corridor connections to ensure the integrity and viability of the network;\n- (c) managing natural resources on the network in a sustainable way;\n- (d) maintaining and improving travelling stock facilities on the network;\n- (e) resolving competing and conflicting interests in relation to the network’s use;\n- (f) seeking community input into the network’s management.\n- 1 public infrastructure and utilities, including roads, pipelines and telecommunication facilities\n- 2 recreation, tourism or cultural use\n- 3 other non-pastoral industries, including bee keeping, forestry, fossicking, mineral exploration and quarrying","sortOrder":18},{"sectionNumber":"sec.99","sectionType":"section","heading":"Preparing strategy","content":"### sec.99 Preparing strategy\n\nIn preparing a State stock route network management strategy, the chief executive must have regard to the principles of stock route network management.","sortOrder":19},{"sectionNumber":"sec.100","sectionType":"section","heading":"Duration of strategy","content":"### sec.100 Duration of strategy\n\nA State stock route network management strategy has effect for the period, of no more than 5 years, stated in it.\nHowever, if the chief executive renews the strategy before the end of the stated period, the strategy stops having effect immediately before the renewed strategy commences.\ns 100 amd 2023 No. 2 s 108 sch 1\n(sec.100-ssec.1) A State stock route network management strategy has effect for the period, of no more than 5 years, stated in it.\n(sec.100-ssec.2) However, if the chief executive renews the strategy before the end of the stated period, the strategy stops having effect immediately before the renewed strategy commences.","sortOrder":20},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Notice of strategy taking effect","content":"### sec.100A Notice of strategy taking effect\n\nThe chief executive must, as soon as practicable after a State stock route network management strategy takes effect, notify each prescribed local government of that fact.\ns 100A ins 2023 No. 2 s 58","sortOrder":21},{"sectionNumber":"sec.101","sectionType":"section","heading":"Implementing strategy","content":"### sec.101 Implementing strategy\n\nThe chief executive must, as far as practicable, implement the State stock route network management strategy.","sortOrder":22},{"sectionNumber":"sec.102","sectionType":"section","heading":"Reviewing, amending and renewing strategy","content":"### sec.102 Reviewing, amending and renewing strategy\n\nThe chief executive may review, amend or renew a State stock route network management strategy as the chief executive considers appropriate.\nHowever, the chief executive must review the effectiveness of the strategy at least 6 months before it stops having effect.\nIn amending the strategy, the chief executive must have regard to the principles of stock route network management.\nIf the chief executive amends or renews the strategy, the chief executive must notify each prescribed local government of the amendment or renewal.\ns 102 sub 2023 No. 2 s 59\n(sec.102-ssec.1) The chief executive may review, amend or renew a State stock route network management strategy as the chief executive considers appropriate.\n(sec.102-ssec.2) However, the chief executive must review the effectiveness of the strategy at least 6 months before it stops having effect.\n(sec.102-ssec.3) In amending the strategy, the chief executive must have regard to the principles of stock route network management.\n(sec.102-ssec.4) If the chief executive amends or renews the strategy, the chief executive must notify each prescribed local government of the amendment or renewal.","sortOrder":23},{"sectionNumber":"sec.103","sectionType":"section","heading":"Chief executive must publish copy of strategy","content":"### sec.103 Chief executive must publish copy of strategy\n\nThe chief executive must, on or before the day the State stock route network management strategy takes effect, publish a copy of the strategy on the department’s website.\nIf the chief executive amends or renews the strategy under this part, the chief executive must publish the amended or renewed strategy on the department’s website.\ns 103 sub 2023 No. 2 s 59\n(sec.103-ssec.1) The chief executive must, on or before the day the State stock route network management strategy takes effect, publish a copy of the strategy on the department’s website.\n(sec.103-ssec.2) If the chief executive amends or renews the strategy under this part, the chief executive must publish the amended or renewed strategy on the department’s website.","sortOrder":24},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Stock route network management plans","content":"# Stock route network management plans","sortOrder":25},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of pt 3","content":"### sec.104 Application of pt 3\n\nThis part applies only to a local government prescribed under a regulation for this section.","sortOrder":26},{"sectionNumber":"sec.105","sectionType":"section","heading":"Local governments to adopt stock route network management plan","content":"### sec.105 Local governments to adopt stock route network management plan\n\nA local government must, within 1 year after being notified of a State stock route network management strategy taking effect under section 100A , adopt a stock route network management plan for managing stock routes in its area.\nThe plan may include provision for the following—\nidentifying the part of the stock route network in the local government’s area;\nachievable objectives under the plan;\nstrategies, activities and responsibilities for achieving the objectives;\nstrategies to inform the local community about the content of the plan and achievement of the plan’s objectives;\nmonitoring implementation of the plan and evaluating its effectiveness;\nother matters the local government considers appropriate for management of the stock route network in its area.\nThe plan must be consistent with—\nthe principles of stock route network management; and\nthe State stock route network management strategy.\ns 105 amd 2004 No. 4 s 49 ; 2023 No. 2 s 60\n(sec.105-ssec.1) A local government must, within 1 year after being notified of a State stock route network management strategy taking effect under section 100A , adopt a stock route network management plan for managing stock routes in its area.\n(sec.105-ssec.2) The plan may include provision for the following— identifying the part of the stock route network in the local government’s area; achievable objectives under the plan; strategies, activities and responsibilities for achieving the objectives; strategies to inform the local community about the content of the plan and achievement of the plan’s objectives; monitoring implementation of the plan and evaluating its effectiveness; other matters the local government considers appropriate for management of the stock route network in its area.\n(sec.105-ssec.3) The plan must be consistent with— the principles of stock route network management; and the State stock route network management strategy.\n- (a) identifying the part of the stock route network in the local government’s area;\n- (b) achievable objectives under the plan;\n- (c) strategies, activities and responsibilities for achieving the objectives;\n- (d) strategies to inform the local community about the content of the plan and achievement of the plan’s objectives;\n- (e) monitoring implementation of the plan and evaluating its effectiveness;\n- (f) other matters the local government considers appropriate for management of the stock route network in its area.\n- (a) the principles of stock route network management; and\n- (b) the State stock route network management strategy.","sortOrder":27},{"sectionNumber":"sec.106","sectionType":"section","heading":"Preparing draft plan—matters local government must have regard to","content":"### sec.106 Preparing draft plan—matters local government must have regard to\n\nIn preparing a draft stock route network management plan, a local government must have regard to the following—\nthe principles of stock route network management;\nthe State stock route network management strategy in relation to which the plan is being prepared;\nthe maintenance of travelling stock facilities and pasture for the needs of travelling stock on the local government’s part of the stock route network;\nthe environmental and cultural values of the local government’s part of the stock route network;\nthe uses, other than in relation to travelling stock, of the local government’s part of the stock route network;\nhow the uses mentioned in paragraph (e) may affect the local government’s part of the stock route network being used for travelling stock;\nwhether the local government’s part of the stock route network needs management for controlled burning or grazing, declared pest treatment, erosion rehabilitation or pasture regeneration;\nhow the integrity of the local government’s part of the stock route network can be maintained so that the network is not fragmented;\nthe interests of the local community in the local government’s area, including, for example, the interests of landholders, Aboriginal communities, industry groups and members of the public.\nFor subsection (1) , the local government’s part of the stock route network is the part of the network that is in the local government’s area.\nIn this section—\ndeclared pest see the Land Act 1994 , schedule 6 .\ns 106 sub 2023 No. 2 s 61\n(sec.106-ssec.1) In preparing a draft stock route network management plan, a local government must have regard to the following— the principles of stock route network management; the State stock route network management strategy in relation to which the plan is being prepared; the maintenance of travelling stock facilities and pasture for the needs of travelling stock on the local government’s part of the stock route network; the environmental and cultural values of the local government’s part of the stock route network; the uses, other than in relation to travelling stock, of the local government’s part of the stock route network; how the uses mentioned in paragraph (e) may affect the local government’s part of the stock route network being used for travelling stock; whether the local government’s part of the stock route network needs management for controlled burning or grazing, declared pest treatment, erosion rehabilitation or pasture regeneration; how the integrity of the local government’s part of the stock route network can be maintained so that the network is not fragmented; the interests of the local community in the local government’s area, including, for example, the interests of landholders, Aboriginal communities, industry groups and members of the public.\n(sec.106-ssec.2) For subsection (1) , the local government’s part of the stock route network is the part of the network that is in the local government’s area.\n(sec.106-ssec.3) In this section— declared pest see the Land Act 1994 , schedule 6 .\n- (a) the principles of stock route network management;\n- (b) the State stock route network management strategy in relation to which the plan is being prepared;\n- (c) the maintenance of travelling stock facilities and pasture for the needs of travelling stock on the local government’s part of the stock route network;\n- (d) the environmental and cultural values of the local government’s part of the stock route network;\n- (e) the uses, other than in relation to travelling stock, of the local government’s part of the stock route network;\n- (f) how the uses mentioned in paragraph (e) may affect the local government’s part of the stock route network being used for travelling stock;\n- (g) whether the local government’s part of the stock route network needs management for controlled burning or grazing, declared pest treatment, erosion rehabilitation or pasture regeneration;\n- (h) how the integrity of the local government’s part of the stock route network can be maintained so that the network is not fragmented;\n- (i) the interests of the local community in the local government’s area, including, for example, the interests of landholders, Aboriginal communities, industry groups and members of the public.","sortOrder":28},{"sectionNumber":"sec.107","sectionType":"section","heading":"Preparing draft plan—consultation requirements for particular stock routes","content":"### sec.107 Preparing draft plan—consultation requirements for particular stock routes\n\nThis section applies if—\na local government is preparing a draft stock route network management plan for managing stock routes in its area; and\nall or part of a stock route in the area is in, on, crosses or is adjacent to a protected area, State-controlled road or waterway.\nThe local government must, in preparing the draft plan—\nconsult with the interested department for the protected area, State-controlled road or waterway about requirements under Acts administered by the department that may impact on the use of the stock route for travelling stock; and\nhave regard to—\nthe requirements; and\nany recommendations of the interested department relating to the requirements.\nIn this section—\ninterested department —\nfor a protected area—means the department in which the Nature Conservation Act 1992 is administered; or\nfor a State-controlled road—means the department in which the Transport Infrastructure Act 1994 is administered; or\nfor a waterway—means the department in which the Fisheries Act 1994 is administered.\nprotected area see the Nature Conservation Act 1992 , schedule.\nwaterway see the Fisheries Act 1994 , schedule 1 .\ns 107 sub 2023 No. 2 s 61\n(sec.107-ssec.1) This section applies if— a local government is preparing a draft stock route network management plan for managing stock routes in its area; and all or part of a stock route in the area is in, on, crosses or is adjacent to a protected area, State-controlled road or waterway.\n(sec.107-ssec.2) The local government must, in preparing the draft plan— consult with the interested department for the protected area, State-controlled road or waterway about requirements under Acts administered by the department that may impact on the use of the stock route for travelling stock; and have regard to— the requirements; and any recommendations of the interested department relating to the requirements.\n(sec.107-ssec.3) In this section— interested department — for a protected area—means the department in which the Nature Conservation Act 1992 is administered; or for a State-controlled road—means the department in which the Transport Infrastructure Act 1994 is administered; or for a waterway—means the department in which the Fisheries Act 1994 is administered. protected area see the Nature Conservation Act 1992 , schedule. waterway see the Fisheries Act 1994 , schedule 1 .\n- (a) a local government is preparing a draft stock route network management plan for managing stock routes in its area; and\n- (b) all or part of a stock route in the area is in, on, crosses or is adjacent to a protected area, State-controlled road or waterway.\n- (a) consult with the interested department for the protected area, State-controlled road or waterway about requirements under Acts administered by the department that may impact on the use of the stock route for travelling stock; and\n- (b) have regard to— (i) the requirements; and (ii) any recommendations of the interested department relating to the requirements.\n- (i) the requirements; and\n- (ii) any recommendations of the interested department relating to the requirements.\n- (i) the requirements; and\n- (ii) any recommendations of the interested department relating to the requirements.\n- (a) for a protected area—means the department in which the Nature Conservation Act 1992 is administered; or\n- (b) for a State-controlled road—means the department in which the Transport Infrastructure Act 1994 is administered; or\n- (c) for a waterway—means the department in which the Fisheries Act 1994 is administered.","sortOrder":29},{"sectionNumber":"sec.108","sectionType":"section","heading":"Preparing draft plan—other consultation requirement","content":"### sec.108 Preparing draft plan—other consultation requirement\n\nThis section applies if—\na local government is preparing a draft stock route network management plan for managing stock routes in its area; and\nthe chief executive officer of the local government considers a requirement under an Act may impact on the use of 1 or more of the stock routes for travelling stock.\nThe local government must, in preparing the draft plan—\nconsult with the department in which the Act is administered about the requirement; and\nhave regard to—\nthe requirement; and\nany recommendations of the department relating to the requirement.\nThis section applies in addition to section 107 .\ns 108 sub 2023 No. 2 s 61\n(sec.108-ssec.1) This section applies if— a local government is preparing a draft stock route network management plan for managing stock routes in its area; and the chief executive officer of the local government considers a requirement under an Act may impact on the use of 1 or more of the stock routes for travelling stock.\n(sec.108-ssec.2) The local government must, in preparing the draft plan— consult with the department in which the Act is administered about the requirement; and have regard to— the requirement; and any recommendations of the department relating to the requirement.\n(sec.108-ssec.3) This section applies in addition to section 107 .\n- (a) a local government is preparing a draft stock route network management plan for managing stock routes in its area; and\n- (b) the chief executive officer of the local government considers a requirement under an Act may impact on the use of 1 or more of the stock routes for travelling stock.\n- (a) consult with the department in which the Act is administered about the requirement; and\n- (b) have regard to— (i) the requirement; and (ii) any recommendations of the department relating to the requirement.\n- (i) the requirement; and\n- (ii) any recommendations of the department relating to the requirement.\n- (i) the requirement; and\n- (ii) any recommendations of the department relating to the requirement.","sortOrder":30},{"sectionNumber":"sec.109","sectionType":"section","heading":"Notice of draft plan and consideration of public submissions","content":"### sec.109 Notice of draft plan and consideration of public submissions\n\nA local government must, as soon as possible after preparing a draft stock route network management plan, give public notice of that fact.\nThe notice must—\nbe published in at least 1 of the following ways—\non a relevant website;\nin a regional newspaper circulating generally in the local government’s area;\nin an electronic version of a newspaper mentioned in subparagraph (ii) ; and\nstate a website where an online copy of the draft plan may be accessed; and\ninvite the public to make written submissions about the draft plan to the local government within 28 days after the notice is published (the submission period ).\nThe local government must—\nensure the draft plan is published on the website mentioned in subsection (2) (b) for the entire submission period; and\nif written submissions are made about the draft plan under subsection (2) (c) —\nconsider the submissions; and\nmake any amendments to the plan the local government considers appropriate in relation to the submissions.\ns 109 sub 2023 No. 2 s 61\n(sec.109-ssec.1) A local government must, as soon as possible after preparing a draft stock route network management plan, give public notice of that fact.\n(sec.109-ssec.2) The notice must— be published in at least 1 of the following ways— on a relevant website; in a regional newspaper circulating generally in the local government’s area; in an electronic version of a newspaper mentioned in subparagraph (ii) ; and state a website where an online copy of the draft plan may be accessed; and invite the public to make written submissions about the draft plan to the local government within 28 days after the notice is published (the submission period ).\n(sec.109-ssec.3) The local government must— ensure the draft plan is published on the website mentioned in subsection (2) (b) for the entire submission period; and if written submissions are made about the draft plan under subsection (2) (c) — consider the submissions; and make any amendments to the plan the local government considers appropriate in relation to the submissions.\n- (a) be published in at least 1 of the following ways— (i) on a relevant website; (ii) in a regional newspaper circulating generally in the local government’s area; (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and\n- (i) on a relevant website;\n- (ii) in a regional newspaper circulating generally in the local government’s area;\n- (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and\n- (b) state a website where an online copy of the draft plan may be accessed; and\n- (c) invite the public to make written submissions about the draft plan to the local government within 28 days after the notice is published (the submission period ).\n- (i) on a relevant website;\n- (ii) in a regional newspaper circulating generally in the local government’s area;\n- (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and\n- (a) ensure the draft plan is published on the website mentioned in subsection (2) (b) for the entire submission period; and\n- (b) if written submissions are made about the draft plan under subsection (2) (c) — (i) consider the submissions; and (ii) make any amendments to the plan the local government considers appropriate in relation to the submissions.\n- (i) consider the submissions; and\n- (ii) make any amendments to the plan the local government considers appropriate in relation to the submissions.\n- (i) consider the submissions; and\n- (ii) make any amendments to the plan the local government considers appropriate in relation to the submissions.","sortOrder":31},{"sectionNumber":"sec.110","sectionType":"section","heading":"Adopting plan","content":"### sec.110 Adopting plan\n\nA local government may adopt a stock route network management plan, by resolution, if—\nsections 106 to 109 have been complied with in relation to the plan; and\nthe local government is satisfied the plan complies with section 105 (3) .\ns 110 sub 2023 No. 2 s 61\n- (a) sections 106 to 109 have been complied with in relation to the plan; and\n- (b) the local government is satisfied the plan complies with section 105 (3) .","sortOrder":32},{"sectionNumber":"sec.111","sectionType":"section","heading":"Duration of plan","content":"### sec.111 Duration of plan\n\nA local government’s stock route network management plan takes effect from the start day stated in the plan.\nThe start day must be after the day the plan is adopted but within 1 year after the day the chief executive notifies the local government, under section 100A , about the State stock route network management strategy in relation to which the plan is prepared.\nThe plan stops having effect on the earlier of the following—\nimmediately before another stock route network management plan of the local government takes effect under subsection (1) ;\nthe day that is 1 year after the chief executive notifies the local government, under section 100A , about a new State stock route network management strategy taking effect.\nAlso, if the plan is renewed under section 113 —\nthe plan stops having effect immediately before the renewed plan takes effect; and\nsubsections (1) and (3) apply to the renewed plan.\ns 111 sub 2023 No. 2 s 61\n(sec.111-ssec.1) A local government’s stock route network management plan takes effect from the start day stated in the plan.\n(sec.111-ssec.2) The start day must be after the day the plan is adopted but within 1 year after the day the chief executive notifies the local government, under section 100A , about the State stock route network management strategy in relation to which the plan is prepared.\n(sec.111-ssec.3) The plan stops having effect on the earlier of the following— immediately before another stock route network management plan of the local government takes effect under subsection (1) ; the day that is 1 year after the chief executive notifies the local government, under section 100A , about a new State stock route network management strategy taking effect.\n(sec.111-ssec.4) Also, if the plan is renewed under section 113 — the plan stops having effect immediately before the renewed plan takes effect; and subsections (1) and (3) apply to the renewed plan.\n- (a) immediately before another stock route network management plan of the local government takes effect under subsection (1) ;\n- (b) the day that is 1 year after the chief executive notifies the local government, under section 100A , about a new State stock route network management strategy taking effect.\n- (a) the plan stops having effect immediately before the renewed plan takes effect; and\n- (b) subsections (1) and (3) apply to the renewed plan.","sortOrder":33},{"sectionNumber":"sec.112","sectionType":"section","heading":"Implementing plan","content":"### sec.112 Implementing plan\n\nA local government must, as far as practicable, implement its stock route network management plan.","sortOrder":34},{"sectionNumber":"sec.113","sectionType":"section","heading":"Reviewing, amending and renewing plan","content":"### sec.113 Reviewing, amending and renewing plan\n\nA local government may review, amend or renew its stock route network management plan as the chief executive officer of the local government considers appropriate.\nHowever, the local government must review the effectiveness of the plan at least 3 months before the start of each financial year.\nAlso, if the chief executive notifies the local government of an amendment of the State stock route network management strategy under section 102 (4) , the local government must, within 1 year after receiving the notice—\nreview the plan; and\nif necessary, amend the plan to ensure it is consistent with the amended strategy.\nFurther, if the chief executive notifies the local government of the renewal of the State stock route network management strategy under section 102 (4) , the local government must renew the plan within 1 year after the local government receives the notice.\ns 113 sub 2023 No. 2 s 62\n(sec.113-ssec.1) A local government may review, amend or renew its stock route network management plan as the chief executive officer of the local government considers appropriate.\n(sec.113-ssec.2) However, the local government must review the effectiveness of the plan at least 3 months before the start of each financial year.\n(sec.113-ssec.3) Also, if the chief executive notifies the local government of an amendment of the State stock route network management strategy under section 102 (4) , the local government must, within 1 year after receiving the notice— review the plan; and if necessary, amend the plan to ensure it is consistent with the amended strategy.\n(sec.113-ssec.4) Further, if the chief executive notifies the local government of the renewal of the State stock route network management strategy under section 102 (4) , the local government must renew the plan within 1 year after the local government receives the notice.\n- (a) review the plan; and\n- (b) if necessary, amend the plan to ensure it is consistent with the amended strategy.","sortOrder":35},{"sectionNumber":"sec.114","sectionType":"section","heading":"Requirements for review, amendment or renewal of plan","content":"### sec.114 Requirements for review, amendment or renewal of plan\n\nThis section applies in relation to a local government doing any of the following under section 113 —\nreviewing its stock route network management plan, other than under section 113 (2) ;\namending its stock route network management plan, including as a result of a review under section 113 (2) ;\nrenewing its stock route network management plan.\nSections 107 to 110 apply in relation to the review, amendment or renewal—\nas if—\na reference to preparing a draft stock route network management plan were a reference to reviewing, amending or renewing the plan; and\na reference to a stock route network management plan, or a draft stock route network management plan, were a reference to the stock route network management plan the subject of the review, amendment or renewal; and\nwith any other necessary changes.\ns 114 sub 2023 No. 2 s 62\n(sec.114-ssec.1) This section applies in relation to a local government doing any of the following under section 113 — reviewing its stock route network management plan, other than under section 113 (2) ; amending its stock route network management plan, including as a result of a review under section 113 (2) ; renewing its stock route network management plan.\n(sec.114-ssec.2) Sections 107 to 110 apply in relation to the review, amendment or renewal— as if— a reference to preparing a draft stock route network management plan were a reference to reviewing, amending or renewing the plan; and a reference to a stock route network management plan, or a draft stock route network management plan, were a reference to the stock route network management plan the subject of the review, amendment or renewal; and with any other necessary changes.\n- (a) reviewing its stock route network management plan, other than under section 113 (2) ;\n- (b) amending its stock route network management plan, including as a result of a review under section 113 (2) ;\n- (c) renewing its stock route network management plan.\n- (a) as if— (i) a reference to preparing a draft stock route network management plan were a reference to reviewing, amending or renewing the plan; and (ii) a reference to a stock route network management plan, or a draft stock route network management plan, were a reference to the stock route network management plan the subject of the review, amendment or renewal; and\n- (i) a reference to preparing a draft stock route network management plan were a reference to reviewing, amending or renewing the plan; and\n- (ii) a reference to a stock route network management plan, or a draft stock route network management plan, were a reference to the stock route network management plan the subject of the review, amendment or renewal; and\n- (b) with any other necessary changes.\n- (i) a reference to preparing a draft stock route network management plan were a reference to reviewing, amending or renewing the plan; and\n- (ii) a reference to a stock route network management plan, or a draft stock route network management plan, were a reference to the stock route network management plan the subject of the review, amendment or renewal; and","sortOrder":36},{"sectionNumber":"sec.115","sectionType":"section","heading":"Local government must publish, and make available for inspection, copy of plan","content":"### sec.115 Local government must publish, and make available for inspection, copy of plan\n\nA local government must—\npublish a copy of its stock route network management plan on its website; and\nkeep an electronic copy of the plan available for inspection, free of charge, by the public at the local government’s public office.\nA reference in subsection (1) to a local government’s stock route network management plan includes a reference to the plan as amended or renewed from time to time under section 113 .\ns 115 sub 2023 No. 2 s 62\n(sec.115-ssec.1) A local government must— publish a copy of its stock route network management plan on its website; and keep an electronic copy of the plan available for inspection, free of charge, by the public at the local government’s public office.\n(sec.115-ssec.2) A reference in subsection (1) to a local government’s stock route network management plan includes a reference to the plan as amended or renewed from time to time under section 113 .\n- (a) publish a copy of its stock route network management plan on its website; and\n- (b) keep an electronic copy of the plan available for inspection, free of charge, by the public at the local government’s public office.","sortOrder":37},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Stock route agistment permits","content":"# Stock route agistment permits","sortOrder":38},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Obtaining permits","content":"## Obtaining permits","sortOrder":39},{"sectionNumber":"sec.116","sectionType":"section","heading":"Application for permit","content":"### sec.116 Application for permit\n\nA person may apply to a local government (the issuing entity ) for a stock route agistment permit for relevant land in the local government’s area.\nHowever, a person may apply only if—\nthe person is a landowner and the owner’s land is adversely affected by drought, fire or flood; or\nthe person is travelling stock under a stock route travel permit and the stock require agistment for—\nbranding, crutching, dipping, drenching, jetting, shearing or trucking; or\nspelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or\nboth of the following apply—\nthe permit is for either—\nif the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or\notherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock;\nthe issuing entity has given notice that a person may apply for a permit for the land.\nA notice mentioned in subsection (2) (c) (ii) must—\nbe published in at least 1 of the following ways—\non a relevant website;\nin a regional newspaper circulating generally in the area in which the land is situated;\nin an electronic version of a newspaper mentioned in subparagraph (ii) ; and\nidentify the land; and\ninvite persons to apply for a permit within 7 days after the notice is published.\nThe application—\nmay be made in writing, electronically or orally; and\nmust be accompanied by the application fee prescribed by regulation.\nHowever, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship.\nIf the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation.\ns 116 amd 2004 No. 33 s 12 ; 2023 No. 2 s 63\n(sec.116-ssec.1) A person may apply to a local government (the issuing entity ) for a stock route agistment permit for relevant land in the local government’s area.\n(sec.116-ssec.2) However, a person may apply only if— the person is a landowner and the owner’s land is adversely affected by drought, fire or flood; or the person is travelling stock under a stock route travel permit and the stock require agistment for— branding, crutching, dipping, drenching, jetting, shearing or trucking; or spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or both of the following apply— the permit is for either— if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; the issuing entity has given notice that a person may apply for a permit for the land.\n(sec.116-ssec.3) A notice mentioned in subsection (2) (c) (ii) must— be published in at least 1 of the following ways— on a relevant website; in a regional newspaper circulating generally in the area in which the land is situated; in an electronic version of a newspaper mentioned in subparagraph (ii) ; and identify the land; and invite persons to apply for a permit within 7 days after the notice is published.\n(sec.116-ssec.4) The application— may be made in writing, electronically or orally; and must be accompanied by the application fee prescribed by regulation.\n(sec.116-ssec.5) However, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship.\n(sec.116-ssec.6) If the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation.\n- (a) the person is a landowner and the owner’s land is adversely affected by drought, fire or flood; or\n- (b) the person is travelling stock under a stock route travel permit and the stock require agistment for— (i) branding, crutching, dipping, drenching, jetting, shearing or trucking; or (ii) spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or\n- (i) branding, crutching, dipping, drenching, jetting, shearing or trucking; or\n- (ii) spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or\n- (c) both of the following apply— (i) the permit is for either— (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; (ii) the issuing entity has given notice that a person may apply for a permit for the land.\n- (i) the permit is for either— (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock;\n- (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or\n- (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock;\n- (ii) the issuing entity has given notice that a person may apply for a permit for the land.\n- (i) branding, crutching, dipping, drenching, jetting, shearing or trucking; or\n- (ii) spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or\n- (i) the permit is for either— (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock;\n- (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or\n- (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock;\n- (ii) the issuing entity has given notice that a person may apply for a permit for the land.\n- (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or\n- (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock;\n- (a) be published in at least 1 of the following ways— (i) on a relevant website; (ii) in a regional newspaper circulating generally in the area in which the land is situated; (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and\n- (i) on a relevant website;\n- (ii) in a regional newspaper circulating generally in the area in which the land is situated;\n- (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and\n- (b) identify the land; and\n- (c) invite persons to apply for a permit within 7 days after the notice is published.\n- (i) on a relevant website;\n- (ii) in a regional newspaper circulating generally in the area in which the land is situated;\n- (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and\n- (a) may be made in writing, electronically or orally; and\n- (b) must be accompanied by the application fee prescribed by regulation.","sortOrder":40},{"sectionNumber":"sec.117","sectionType":"section","heading":"Additional information for application","content":"### sec.117 Additional information for application\n\nThe issuing entity may, by written notice, ask the applicant to give the entity further reasonable information or documents about the application by the reasonable date stated in the notice.\nThe issuing entity may refuse the application if the applicant does not give the entity the information or documents by the stated day, without reasonable excuse.\n(sec.117-ssec.1) The issuing entity may, by written notice, ask the applicant to give the entity further reasonable information or documents about the application by the reasonable date stated in the notice.\n(sec.117-ssec.2) The issuing entity may refuse the application if the applicant does not give the entity the information or documents by the stated day, without reasonable excuse.","sortOrder":41},{"sectionNumber":"sec.118","sectionType":"section","heading":"Deciding application","content":"### sec.118 Deciding application\n\nThe issuing entity must consider and decide whether to grant or refuse the application.\nThe issuing entity may grant the application only if—\nif the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and\nthe issuing entity is satisfied—\nthe applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and\nthere is more pasture and water available on the land than is needed for the use of travelling stock; and\nthe land is not subject to a lease or permit under the Land Act ; and\nthe stock’s agistment is not likely to—\nintroduce invasive biosecurity matter onto land in the entity’s area; or\nspread invasive biosecurity matter on the land; or\ndegrade the land; or\nadversely affect road safety; and\nthe stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 .\nAlso, if the land is a State-controlled road, the issuing entity may grant the application only if the use of the land for agistment is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads.\nA condition of an approval mentioned in subsection (3) may only be about—\nprotecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or\nroad safety.\nIn this section—\ninvasive biosecurity matter means invasive biosecurity matter under the Biosecurity Act 2014 .\ns 118 amd 2004 No. 33 s 13 ; 2014 No. 7 s 551\n(sec.118-ssec.1) The issuing entity must consider and decide whether to grant or refuse the application.\n(sec.118-ssec.2) The issuing entity may grant the application only if— if the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and the issuing entity is satisfied— the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and there is more pasture and water available on the land than is needed for the use of travelling stock; and the land is not subject to a lease or permit under the Land Act ; and the stock’s agistment is not likely to— introduce invasive biosecurity matter onto land in the entity’s area; or spread invasive biosecurity matter on the land; or degrade the land; or adversely affect road safety; and the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 .\n(sec.118-ssec.3) Also, if the land is a State-controlled road, the issuing entity may grant the application only if the use of the land for agistment is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads.\n(sec.118-ssec.4) A condition of an approval mentioned in subsection (3) may only be about— protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or road safety.\n(sec.118-ssec.5) In this section— invasive biosecurity matter means invasive biosecurity matter under the Biosecurity Act 2014 .\n- (a) if the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and\n- (b) the issuing entity is satisfied— (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and (iii) the land is not subject to a lease or permit under the Land Act ; and (iv) the stock’s agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity’s area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 .\n- (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and\n- (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and\n- (iii) the land is not subject to a lease or permit under the Land Act ; and\n- (iv) the stock’s agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity’s area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and\n- (A) introduce invasive biosecurity matter onto land in the entity’s area; or\n- (B) spread invasive biosecurity matter on the land; or\n- (C) degrade the land; or\n- (D) adversely affect road safety; and\n- (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 .\n- (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and\n- (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and\n- (iii) the land is not subject to a lease or permit under the Land Act ; and\n- (iv) the stock’s agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity’s area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and\n- (A) introduce invasive biosecurity matter onto land in the entity’s area; or\n- (B) spread invasive biosecurity matter on the land; or\n- (C) degrade the land; or\n- (D) adversely affect road safety; and\n- (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014 .\n- (A) introduce invasive biosecurity matter onto land in the entity’s area; or\n- (B) spread invasive biosecurity matter on the land; or\n- (C) degrade the land; or\n- (D) adversely affect road safety; and\n- (a) protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or\n- (b) road safety.","sortOrder":42},{"sectionNumber":"sec.119","sectionType":"section","heading":"Issuing permit","content":"### sec.119 Issuing permit\n\nIf the issuing entity decides to grant the application, the entity must give the applicant—\nthe stock route agistment permit in the approved form; and\nif the issuing entity decides to impose conditions on the permit—a review notice about the decision.\nThe permit takes effect from—\nthe day of its issue; or\nif a later day is stated in it—the later day.\nThe issuing entity must give the chief executive a copy of each permit it issues.\n(sec.119-ssec.1) If the issuing entity decides to grant the application, the entity must give the applicant— the stock route agistment permit in the approved form; and if the issuing entity decides to impose conditions on the permit—a review notice about the decision.\n(sec.119-ssec.2) The permit takes effect from— the day of its issue; or if a later day is stated in it—the later day.\n(sec.119-ssec.3) The issuing entity must give the chief executive a copy of each permit it issues.\n- (a) the stock route agistment permit in the approved form; and\n- (b) if the issuing entity decides to impose conditions on the permit—a review notice about the decision.\n- (a) the day of its issue; or\n- (b) if a later day is stated in it—the later day.","sortOrder":43},{"sectionNumber":"sec.120","sectionType":"section","heading":"Duration of permit","content":"### sec.120 Duration of permit\n\nSubject to section 122 (4) , a stock route agistment permit remains in force, unless it is sooner cancelled, for the term (the agistment period ), of no more than the following number of days, stated in it—\nif the permit is issued for a purpose mentioned in section 116 (2) (b) —7 days;\notherwise—28 days.\ns 120 amd 2023 No. 2 s 108 sch 1\n- (a) if the permit is issued for a purpose mentioned in section 116 (2) (b) —7 days;\n- (b) otherwise—28 days.","sortOrder":44},{"sectionNumber":"sec.121","sectionType":"section","heading":"Refusing application","content":"### sec.121 Refusing application\n\nIf the issuing entity decides to refuse the application, the entity must immediately—\ngive the applicant a review notice about the decision; and\nrefund the permit fee, if any, paid by the applicant.\n- (a) give the applicant a review notice about the decision; and\n- (b) refund the permit fee, if any, paid by the applicant.","sortOrder":45},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Renewing permits","content":"## Renewing permits","sortOrder":46},{"sectionNumber":"sec.122","sectionType":"section","heading":"Application for renewal","content":"### sec.122 Application for renewal\n\nThe holder of a stock route agistment permit, other than a permit issued for a purpose mentioned in section 116 (2) (b) , may apply to the issuing entity to renew the permit.\nThe application—\nmay be made in writing, electronically or orally; and\nmust be—\nmade before the permit expires; and\naccompanied by the renewal application fee prescribed by regulation.\nHowever, the issuing entity may waive payment of the renewal application fee if satisfied the applicant is experiencing financial hardship.\nThe permit remains in force until the applicant has been notified of the issuing entity’s decision on the application.\nIf the permit is renewed, the applicant must pay to the issuing entity the permit fee prescribed under a regulation.\ns 122 amd 2023 No. 2 s 64\n(sec.122-ssec.1) The holder of a stock route agistment permit, other than a permit issued for a purpose mentioned in section 116 (2) (b) , may apply to the issuing entity to renew the permit.\n(sec.122-ssec.2) The application— may be made in writing, electronically or orally; and must be— made before the permit expires; and accompanied by the renewal application fee prescribed by regulation.\n(sec.122-ssec.3) However, the issuing entity may waive payment of the renewal application fee if satisfied the applicant is experiencing financial hardship.\n(sec.122-ssec.4) The permit remains in force until the applicant has been notified of the issuing entity’s decision on the application.\n(sec.122-ssec.5) If the permit is renewed, the applicant must pay to the issuing entity the permit fee prescribed under a regulation.\n- (a) may be made in writing, electronically or orally; and\n- (b) must be— (i) made before the permit expires; and (ii) accompanied by the renewal application fee prescribed by regulation.\n- (i) made before the permit expires; and\n- (ii) accompanied by the renewal application fee prescribed by regulation.\n- (i) made before the permit expires; and\n- (ii) accompanied by the renewal application fee prescribed by regulation.","sortOrder":47},{"sectionNumber":"sec.123","sectionType":"section","heading":"Deciding application","content":"### sec.123 Deciding application\n\nThe issuing entity must consider and decide whether to grant or refuse the application.\nHowever, the issuing entity may renew a permit once only for not more than 28 days if satisfied there is enough pasture and water available on the land for the continued agistment and the use of travelling stock.\n(sec.123-ssec.1) The issuing entity must consider and decide whether to grant or refuse the application.\n(sec.123-ssec.2) However, the issuing entity may renew a permit once only for not more than 28 days if satisfied there is enough pasture and water available on the land for the continued agistment and the use of travelling stock.","sortOrder":48},{"sectionNumber":"sec.124","sectionType":"section","heading":"Issuing renewed permit","content":"### sec.124 Issuing renewed permit\n\nIf the issuing entity decides to grant the application, the entity must give the applicant—\na stock route agistment permit in the approved form; and\nif the issuing entity decides to impose conditions on the permit—a review notice about the decision.\nThe renewal takes effect from the day stated in the renewed permit.\nThe issuing entity must give the chief executive a copy of the renewed permit.\n(sec.124-ssec.1) If the issuing entity decides to grant the application, the entity must give the applicant— a stock route agistment permit in the approved form; and if the issuing entity decides to impose conditions on the permit—a review notice about the decision.\n(sec.124-ssec.2) The renewal takes effect from the day stated in the renewed permit.\n(sec.124-ssec.3) The issuing entity must give the chief executive a copy of the renewed permit.\n- (a) a stock route agistment permit in the approved form; and\n- (b) if the issuing entity decides to impose conditions on the permit—a review notice about the decision.","sortOrder":49},{"sectionNumber":"sec.125","sectionType":"section","heading":"Refusing application","content":"### sec.125 Refusing application\n\nIf the issuing entity decides to refuse the application, the entity must immediately—\ngive the applicant a review notice about the decision; and\nrefund the permit fee, if any, paid by the applicant.\n- (a) give the applicant a review notice about the decision; and\n- (b) refund the permit fee, if any, paid by the applicant.","sortOrder":50},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Conditions of permits","content":"## Conditions of permits","sortOrder":51},{"sectionNumber":"sec.126","sectionType":"section","heading":"Conditions that may and must be imposed","content":"### sec.126 Conditions that may and must be imposed\n\nAn issuing entity may impose on a stock route agistment permit the reasonable conditions it decides.\nWithout limiting subsection (1) , a condition may be about the following—\nkeeping stock enclosed, supervised or off formed road surfaces;\nerecting signs to show stock are grazing on road verges;\nrequiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity conducted under the permit.\nIf the permit is for land that is a State-controlled road, an issuing entity must impose on the permit the conditions of an approval for the land mentioned in section 118 (3) .\n(sec.126-ssec.1) An issuing entity may impose on a stock route agistment permit the reasonable conditions it decides.\n(sec.126-ssec.2) Without limiting subsection (1) , a condition may be about the following— keeping stock enclosed, supervised or off formed road surfaces; erecting signs to show stock are grazing on road verges; requiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity conducted under the permit.\n(sec.126-ssec.3) If the permit is for land that is a State-controlled road, an issuing entity must impose on the permit the conditions of an approval for the land mentioned in section 118 (3) .\n- (a) keeping stock enclosed, supervised or off formed road surfaces;\n- (b) erecting signs to show stock are grazing on road verges;\n- (c) requiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity conducted under the permit.","sortOrder":52},{"sectionNumber":"sec.127","sectionType":"section","heading":"Amending conditions","content":"### sec.127 Amending conditions\n\nThe holder of a stock route agistment permit may ask the issuing entity to amend the permit conditions.\nThe request must be written and state—\nthe proposed amendment; and\nthe reasons for it.\nThe issuing entity must consider and decide whether to grant or refuse the application.\nIf the issuing entity decides to amend the conditions as requested, the entity must give the holder written notice of the amended conditions.\nIf the issuing entity refuses to amend the conditions, the entity must give the holder a review notice about the decision.\n(sec.127-ssec.1) The holder of a stock route agistment permit may ask the issuing entity to amend the permit conditions.\n(sec.127-ssec.2) The request must be written and state— the proposed amendment; and the reasons for it.\n(sec.127-ssec.3) The issuing entity must consider and decide whether to grant or refuse the application.\n(sec.127-ssec.4) If the issuing entity decides to amend the conditions as requested, the entity must give the holder written notice of the amended conditions.\n(sec.127-ssec.5) If the issuing entity refuses to amend the conditions, the entity must give the holder a review notice about the decision.\n- (a) the proposed amendment; and\n- (b) the reasons for it.","sortOrder":53},{"sectionNumber":"ch.3-pt.4-div.4","sectionType":"division","heading":"Cancellation of permits","content":"## Cancellation of permits","sortOrder":54},{"sectionNumber":"sec.128","sectionType":"section","heading":"Cancellation—grounds and procedure","content":"### sec.128 Cancellation—grounds and procedure\n\nThe issuing entity may cancel a stock route agistment permit if satisfied—\nthe permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or\nthe permit holder has not complied with a condition of the permit; or\nthe relevant land under the permit can no longer provide enough pasture or water for the continued agistment and the use of travelling stock.\nIf the issuing entity decides to cancel a stock route agistment permit, the entity must—\ngive the permit holder a written notice stating the following—\nthat the permit is cancelled;\nthe grounds for the cancellation;\nthe facts and circumstances that are the basis for the grounds;\nthat the permit holder may ask the chief executive to review the decision;\nhow to ask for a review; and\nrefund to the holder the amount of the permit fee less the amount that would have been payable for the term of the permit before it was cancelled.\nThe cancellation has effect immediately the notice is given.\n(sec.128-ssec.1) The issuing entity may cancel a stock route agistment permit if satisfied— the permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or the permit holder has not complied with a condition of the permit; or the relevant land under the permit can no longer provide enough pasture or water for the continued agistment and the use of travelling stock.\n(sec.128-ssec.2) If the issuing entity decides to cancel a stock route agistment permit, the entity must— give the permit holder a written notice stating the following— that the permit is cancelled; the grounds for the cancellation; the facts and circumstances that are the basis for the grounds; that the permit holder may ask the chief executive to review the decision; how to ask for a review; and refund to the holder the amount of the permit fee less the amount that would have been payable for the term of the permit before it was cancelled.\n(sec.128-ssec.3) The cancellation has effect immediately the notice is given.\n- (a) the permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or\n- (b) the permit holder has not complied with a condition of the permit; or\n- (c) the relevant land under the permit can no longer provide enough pasture or water for the continued agistment and the use of travelling stock.\n- (a) give the permit holder a written notice stating the following— (i) that the permit is cancelled; (ii) the grounds for the cancellation; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the permit holder may ask the chief executive to review the decision; (v) how to ask for a review; and\n- (i) that the permit is cancelled;\n- (ii) the grounds for the cancellation;\n- (iii) the facts and circumstances that are the basis for the grounds;\n- (iv) that the permit holder may ask the chief executive to review the decision;\n- (v) how to ask for a review; and\n- (b) refund to the holder the amount of the permit fee less the amount that would have been payable for the term of the permit before it was cancelled.\n- (i) that the permit is cancelled;\n- (ii) the grounds for the cancellation;\n- (iii) the facts and circumstances that are the basis for the grounds;\n- (iv) that the permit holder may ask the chief executive to review the decision;\n- (v) how to ask for a review; and","sortOrder":55},{"sectionNumber":"ch.3-pt.4-div.5","sectionType":"division","heading":"Reviewing decisions about permits","content":"## Reviewing decisions about permits","sortOrder":56},{"sectionNumber":"sec.129","sectionType":"section","heading":"Review by chief executive","content":"### sec.129 Review by chief executive\n\nThis section applies if the chief executive is asked to review an issuing entity’s decision to—\nrefuse to issue a stock route agistment permit; or\nimpose conditions on a stock route agistment permit; or\nrefuse to amend conditions on a stock route agistment permit as requested by the permit holder; or\ncancel a stock route agistment permit.\nThe chief executive must, by written notice—\nconfirm the decision; or\nrevoke the decision and direct the issuing entity—\nfor a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or\nfor a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or\nfor a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or\nfor a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\nThe chief executive must, within 14 days after being asked to review the decision, give to the permit holder and the issuing entity—\nthe notice; and\nif the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive’s decision.\nThe issuing entity must comply with the notice.\nA request to review a decision under this section does not stay the operation of the decision.\n(sec.129-ssec.1) This section applies if the chief executive is asked to review an issuing entity’s decision to— refuse to issue a stock route agistment permit; or impose conditions on a stock route agistment permit; or refuse to amend conditions on a stock route agistment permit as requested by the permit holder; or cancel a stock route agistment permit.\n(sec.129-ssec.2) The chief executive must, by written notice— confirm the decision; or revoke the decision and direct the issuing entity— for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n(sec.129-ssec.3) The chief executive must, within 14 days after being asked to review the decision, give to the permit holder and the issuing entity— the notice; and if the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive’s decision.\n(sec.129-ssec.4) The issuing entity must comply with the notice.\n(sec.129-ssec.5) A request to review a decision under this section does not stay the operation of the decision.\n- (a) refuse to issue a stock route agistment permit; or\n- (b) impose conditions on a stock route agistment permit; or\n- (c) refuse to amend conditions on a stock route agistment permit as requested by the permit holder; or\n- (d) cancel a stock route agistment permit.\n- (a) confirm the decision; or\n- (b) revoke the decision and direct the issuing entity— (i) for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or (ii) for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or (iii) for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or (iv) for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n- (i) for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or\n- (ii) for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or\n- (iii) for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or\n- (iv) for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n- (i) for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or\n- (ii) for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or\n- (iii) for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or\n- (iv) for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n- (a) the notice; and\n- (b) if the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive’s decision.","sortOrder":57},{"sectionNumber":"ch.3-pt.4-div.6","sectionType":"division","heading":"Replacing permits","content":"## Replacing permits","sortOrder":58},{"sectionNumber":"sec.130","sectionType":"section","heading":"Issuing replacement permits after change of conditions or review of decision","content":"### sec.130 Issuing replacement permits after change of conditions or review of decision\n\nAn issuing entity may, by written notice, require the holder of a stock route agistment permit to return the permit to the entity, within a stated reasonable period, for amendment under a decision made under section 127 (4) or 129 (2) (b) (ii) to (iv) .\nThe holder must comply with the notice unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\nOn receiving the permit, the issuing entity must issue a replacement permit, incorporating the amendments, to the holder.\nThe issuing entity must give the chief executive a copy of each replacement permit it issues.\nThe amendment of the permit does not depend on it being replaced under this section.\n(sec.130-ssec.1) An issuing entity may, by written notice, require the holder of a stock route agistment permit to return the permit to the entity, within a stated reasonable period, for amendment under a decision made under section 127 (4) or 129 (2) (b) (ii) to (iv) .\n(sec.130-ssec.2) The holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.130-ssec.3) On receiving the permit, the issuing entity must issue a replacement permit, incorporating the amendments, to the holder.\n(sec.130-ssec.4) The issuing entity must give the chief executive a copy of each replacement permit it issues.\n(sec.130-ssec.5) The amendment of the permit does not depend on it being replaced under this section.","sortOrder":59},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Stock route travel permits","content":"# Stock route travel permits","sortOrder":60},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":61},{"sectionNumber":"sec.131","sectionType":"section","heading":"Application of pt 5","content":"### sec.131 Application of pt 5\n\nThis part applies only to stock driven on foot on relevant land.","sortOrder":62},{"sectionNumber":"sec.132","sectionType":"section","heading":"Stock movements requiring a stock route travel permit","content":"### sec.132 Stock movements requiring a stock route travel permit\n\nSubject to section 133 , a person must not drive stock on foot on relevant land in a local government’s area unless a local government has issued a permit (a stock route travel permit ) for the stock movement.\nMaximum penalty—50 penalty units.","sortOrder":63},{"sectionNumber":"sec.133","sectionType":"section","heading":"Stock movements not requiring a stock route travel permit","content":"### sec.133 Stock movements not requiring a stock route travel permit\n\nA person may drive stock on foot on relevant land in a local government’s area without a stock route travel permit if the stock are driven on foot—\nfor not more than 1 day; and\nin clear daylight hours; and\nfor animal husbandry or property management purposes; and\nbetween parcels of land having common ownership or worked as a single unit.\nSee the Transport Infrastructure Act 1994 , section 50 , for requirements under that Act about stock movements on State-controlled roads.\n- (a) for not more than 1 day; and\n- (b) in clear daylight hours; and\n- (c) for animal husbandry or property management purposes; and\n- (d) between parcels of land having common ownership or worked as a single unit.","sortOrder":64},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Obtaining permits","content":"## Obtaining permits","sortOrder":65},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application for permit","content":"### sec.134 Application for permit\n\nThe owner of stock, or a person acting on the owner’s behalf, may apply to a local government (the issuing entity ) for a stock route travel permit.\nThe application—\nmay be made in writing, electronically or orally; and\nmust be accompanied by the application fee prescribed by regulation.\nHowever, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship.\nIf the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation.\ns 134 amd 2023 No. 2 s 65\n(sec.134-ssec.1) The owner of stock, or a person acting on the owner’s behalf, may apply to a local government (the issuing entity ) for a stock route travel permit.\n(sec.134-ssec.2) The application— may be made in writing, electronically or orally; and must be accompanied by the application fee prescribed by regulation.\n(sec.134-ssec.3) However, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship.\n(sec.134-ssec.4) If the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation.\n- (a) may be made in writing, electronically or orally; and\n- (b) must be accompanied by the application fee prescribed by regulation.","sortOrder":66},{"sectionNumber":"sec.135","sectionType":"section","heading":"Additional information for application","content":"### sec.135 Additional information for application\n\nThe issuing entity may, by written notice, ask the applicant to give the entity further reasonable information or documents about the application by the reasonable date stated in the notice.\nThe issuing entity may refuse the application if the applicant does not give the entity the information or documents by the stated day, without reasonable excuse.\n(sec.135-ssec.1) The issuing entity may, by written notice, ask the applicant to give the entity further reasonable information or documents about the application by the reasonable date stated in the notice.\n(sec.135-ssec.2) The issuing entity may refuse the application if the applicant does not give the entity the information or documents by the stated day, without reasonable excuse.","sortOrder":67},{"sectionNumber":"sec.136","sectionType":"section","heading":"Deciding application","content":"### sec.136 Deciding application\n\nThe issuing entity must consider and decide whether to grant or refuse the application.\nThe issuing entity may grant the application only if satisfied—\nthe relevant land on which the stock are to travel contains enough pasture and water for the stock; and\nthe stock’s travel is not likely to spread—\na declared pest on land in the entity’s area; or\na notifiable disease; and\nthe stock’s rate of travel will be at least the rate stated for the stock under the permit, having regard to the condition of the stock; and\nthe stock’s travel is not likely to have an adverse effect on road safety.\nAlso, if the application is for travelling stock on land in another local government’s area, the issuing entity may grant the application only if the other local government has given the issuing entity written consent.\nIn addition, if the relevant land is a State-controlled road, the issuing entity may grant the application only if the use of the land to travel stock is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads.\nA condition of an approval mentioned in subsection (4) may only be about—\nprotecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or\nroad safety.\n(sec.136-ssec.1) The issuing entity must consider and decide whether to grant or refuse the application.\n(sec.136-ssec.2) The issuing entity may grant the application only if satisfied— the relevant land on which the stock are to travel contains enough pasture and water for the stock; and the stock’s travel is not likely to spread— a declared pest on land in the entity’s area; or a notifiable disease; and the stock’s rate of travel will be at least the rate stated for the stock under the permit, having regard to the condition of the stock; and the stock’s travel is not likely to have an adverse effect on road safety.\n(sec.136-ssec.3) Also, if the application is for travelling stock on land in another local government’s area, the issuing entity may grant the application only if the other local government has given the issuing entity written consent.\n(sec.136-ssec.4) In addition, if the relevant land is a State-controlled road, the issuing entity may grant the application only if the use of the land to travel stock is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads.\n(sec.136-ssec.5) A condition of an approval mentioned in subsection (4) may only be about— protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or road safety.\n- (a) the relevant land on which the stock are to travel contains enough pasture and water for the stock; and\n- (b) the stock’s travel is not likely to spread— (i) a declared pest on land in the entity’s area; or (ii) a notifiable disease; and\n- (i) a declared pest on land in the entity’s area; or\n- (ii) a notifiable disease; and\n- (c) the stock’s rate of travel will be at least the rate stated for the stock under the permit, having regard to the condition of the stock; and\n- (d) the stock’s travel is not likely to have an adverse effect on road safety.\n- (i) a declared pest on land in the entity’s area; or\n- (ii) a notifiable disease; and\n- (a) protecting road transport infrastructure under the Transport Infrastructure Act 1994 ; or\n- (b) road safety.","sortOrder":68},{"sectionNumber":"sec.137","sectionType":"section","heading":"Issuing permit","content":"### sec.137 Issuing permit\n\nIf the issuing entity decides to grant the application, the entity must give the applicant—\nthe permit in the approved form; and\nif the entity decides to impose conditions on the permit—a review notice about the decision.\nThe permit takes effect from—\nthe day of its issue; or\nif a later day is stated in it—the later day.\nThe issuing entity must give the chief executive a copy of each permit it issues.\n(sec.137-ssec.1) If the issuing entity decides to grant the application, the entity must give the applicant— the permit in the approved form; and if the entity decides to impose conditions on the permit—a review notice about the decision.\n(sec.137-ssec.2) The permit takes effect from— the day of its issue; or if a later day is stated in it—the later day.\n(sec.137-ssec.3) The issuing entity must give the chief executive a copy of each permit it issues.\n- (a) the permit in the approved form; and\n- (b) if the entity decides to impose conditions on the permit—a review notice about the decision.\n- (a) the day of its issue; or\n- (b) if a later day is stated in it—the later day.","sortOrder":69},{"sectionNumber":"sec.138","sectionType":"section","heading":"Duration of permit","content":"### sec.138 Duration of permit\n\nA stock route travel permit remains in force for the term stated in it.","sortOrder":70},{"sectionNumber":"sec.139","sectionType":"section","heading":"Refusing application","content":"### sec.139 Refusing application\n\nIf the issuing entity decides to refuse the application, the entity must immediately—\ngive the applicant a review notice about the decision; and\nrefund the permit fee, if any, paid by the applicant.\n- (a) give the applicant a review notice about the decision; and\n- (b) refund the permit fee, if any, paid by the applicant.","sortOrder":71},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Notice of correct particulars","content":"## Notice of correct particulars","sortOrder":72},{"sectionNumber":"sec.140","sectionType":"section","heading":"Permit holder to give notice of correct particulars","content":"### sec.140 Permit holder to give notice of correct particulars\n\nThis section applies if, because of a change in circumstances, any of the following particulars contained in a stock route travel permit is no longer correct—\nthe permit holder’s name and contact address or telephone number;\nthe name of the person in charge of the stock during the travel;\nthe number, type and age of the stock;\nthe stock’s brands and earmarks registered under the Brands Act 1915 and other marks identifying ownership;\nthe proposed destination of the stock;\nthe proposed route for the travel;\nthe estimated period of the travel;\nthe number of persons engaged to control the stock during the travel;\nother information prescribed under a regulation.\nThe permit holder must, as soon as practicable after the change happens, give notice of the correct particular to the issuing entity for the permit.\nMaximum penalty—50 penalty units.\n(sec.140-ssec.1) This section applies if, because of a change in circumstances, any of the following particulars contained in a stock route travel permit is no longer correct— the permit holder’s name and contact address or telephone number; the name of the person in charge of the stock during the travel; the number, type and age of the stock; the stock’s brands and earmarks registered under the Brands Act 1915 and other marks identifying ownership; the proposed destination of the stock; the proposed route for the travel; the estimated period of the travel; the number of persons engaged to control the stock during the travel; other information prescribed under a regulation.\n(sec.140-ssec.2) The permit holder must, as soon as practicable after the change happens, give notice of the correct particular to the issuing entity for the permit. Maximum penalty—50 penalty units.\n- (a) the permit holder’s name and contact address or telephone number;\n- (b) the name of the person in charge of the stock during the travel;\n- (c) the number, type and age of the stock;\n- (d) the stock’s brands and earmarks registered under the Brands Act 1915 and other marks identifying ownership;\n- (e) the proposed destination of the stock;\n- (f) the proposed route for the travel;\n- (g) the estimated period of the travel;\n- (h) the number of persons engaged to control the stock during the travel;\n- (i) other information prescribed under a regulation.","sortOrder":73},{"sectionNumber":"sec.141","sectionType":"section","heading":"Issuing replacement permit on notice of correct particulars","content":"### sec.141 Issuing replacement permit on notice of correct particulars\n\nIf a stock route travel permit holder gives the issuing entity a notice under section 140 (2) , the entity may, by written notice, require the holder to return the permit to the entity.\nThe holder must comply with the notice to return the permit unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\nOn receiving the permit, the issuing entity must issue a replacement permit, showing the correct particulars, to the holder.\nThe issuing entity must give the chief executive a copy of each replacement permit it issues.\n(sec.141-ssec.1) If a stock route travel permit holder gives the issuing entity a notice under section 140 (2) , the entity may, by written notice, require the holder to return the permit to the entity.\n(sec.141-ssec.2) The holder must comply with the notice to return the permit unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.141-ssec.3) On receiving the permit, the issuing entity must issue a replacement permit, showing the correct particulars, to the holder.\n(sec.141-ssec.4) The issuing entity must give the chief executive a copy of each replacement permit it issues.","sortOrder":74},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"Conditions of permits","content":"## Conditions of permits","sortOrder":75},{"sectionNumber":"sec.142","sectionType":"section","heading":"Conditions that may and must be imposed","content":"### sec.142 Conditions that may and must be imposed\n\nAn issuing entity may impose on a stock route travel permit the reasonable conditions it decides.\nWithout limiting subsection (1) , a condition may be about the following—\nthe hours of the day during which stock may be travelled;\nthe movement of stock at stated locations on the stock route network;\nkeeping stock enclosed or supervised;\nerecting signs to show stock are travelling or grazing near roads;\nrequiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity to be conducted under the permit.\nIf the permit is for relevant land that is a State-controlled road, an issuing entity must impose on the permit the conditions of an approval for the land mentioned in section 136 (4) .\n(sec.142-ssec.1) An issuing entity may impose on a stock route travel permit the reasonable conditions it decides.\n(sec.142-ssec.2) Without limiting subsection (1) , a condition may be about the following— the hours of the day during which stock may be travelled; the movement of stock at stated locations on the stock route network; keeping stock enclosed or supervised; erecting signs to show stock are travelling or grazing near roads; requiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity to be conducted under the permit.\n(sec.142-ssec.3) If the permit is for relevant land that is a State-controlled road, an issuing entity must impose on the permit the conditions of an approval for the land mentioned in section 136 (4) .\n- (a) the hours of the day during which stock may be travelled;\n- (b) the movement of stock at stated locations on the stock route network;\n- (c) keeping stock enclosed or supervised;\n- (d) erecting signs to show stock are travelling or grazing near roads;\n- (e) requiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity to be conducted under the permit.","sortOrder":76},{"sectionNumber":"sec.143","sectionType":"section","heading":"Amending conditions","content":"### sec.143 Amending conditions\n\nThe holder of a stock route travel permit may ask the issuing entity to amend the permit conditions.\nThe request must be written and state—\nthe proposed amendment; and\nthe reasons for it.\nThe issuing entity must consider and decide whether to grant or refuse the application.\nIf the issuing entity decides to amend the conditions as requested, the entity must give the holder written notice of the amended conditions.\nIf the issuing entity refuses to amend the conditions, the entity must give the holder a review notice about the decision.\n(sec.143-ssec.1) The holder of a stock route travel permit may ask the issuing entity to amend the permit conditions.\n(sec.143-ssec.2) The request must be written and state— the proposed amendment; and the reasons for it.\n(sec.143-ssec.3) The issuing entity must consider and decide whether to grant or refuse the application.\n(sec.143-ssec.4) If the issuing entity decides to amend the conditions as requested, the entity must give the holder written notice of the amended conditions.\n(sec.143-ssec.5) If the issuing entity refuses to amend the conditions, the entity must give the holder a review notice about the decision.\n- (a) the proposed amendment; and\n- (b) the reasons for it.","sortOrder":77},{"sectionNumber":"ch.3-pt.5-div.5","sectionType":"division","heading":"Cancellation of permits","content":"## Cancellation of permits","sortOrder":78},{"sectionNumber":"sec.144","sectionType":"section","heading":"Cancellation—grounds and procedure","content":"### sec.144 Cancellation—grounds and procedure\n\nThe issuing entity may cancel a stock route travel permit if satisfied—\nthe permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or\nthe permit holder has not complied with a condition of the permit; or\nthe relevant land can no longer provide enough pasture or water for travelling stock.\nIf the issuing entity decides to cancel a stock route travel permit, the entity must—\ngive the permit holder a written notice stating the following—\nthat the permit is cancelled;\nthe grounds for the cancellation;\nthe facts and circumstances that are the basis for the grounds;\nthat the permit holder may ask the chief executive to review the decision;\nhow to ask for a review; and\nfor a permit to travel stock for more than 100km—refund to the holder the amount of the permit fee less the amount that would have been payable for the distance travelled by the stock before the permit was cancelled.\nThe cancellation has effect immediately the notice is given.\n(sec.144-ssec.1) The issuing entity may cancel a stock route travel permit if satisfied— the permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or the permit holder has not complied with a condition of the permit; or the relevant land can no longer provide enough pasture or water for travelling stock.\n(sec.144-ssec.2) If the issuing entity decides to cancel a stock route travel permit, the entity must— give the permit holder a written notice stating the following— that the permit is cancelled; the grounds for the cancellation; the facts and circumstances that are the basis for the grounds; that the permit holder may ask the chief executive to review the decision; how to ask for a review; and for a permit to travel stock for more than 100km—refund to the holder the amount of the permit fee less the amount that would have been payable for the distance travelled by the stock before the permit was cancelled.\n(sec.144-ssec.3) The cancellation has effect immediately the notice is given.\n- (a) the permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or\n- (b) the permit holder has not complied with a condition of the permit; or\n- (c) the relevant land can no longer provide enough pasture or water for travelling stock.\n- (a) give the permit holder a written notice stating the following— (i) that the permit is cancelled; (ii) the grounds for the cancellation; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the permit holder may ask the chief executive to review the decision; (v) how to ask for a review; and\n- (i) that the permit is cancelled;\n- (ii) the grounds for the cancellation;\n- (iii) the facts and circumstances that are the basis for the grounds;\n- (iv) that the permit holder may ask the chief executive to review the decision;\n- (v) how to ask for a review; and\n- (b) for a permit to travel stock for more than 100km—refund to the holder the amount of the permit fee less the amount that would have been payable for the distance travelled by the stock before the permit was cancelled.\n- (i) that the permit is cancelled;\n- (ii) the grounds for the cancellation;\n- (iii) the facts and circumstances that are the basis for the grounds;\n- (iv) that the permit holder may ask the chief executive to review the decision;\n- (v) how to ask for a review; and","sortOrder":79},{"sectionNumber":"ch.3-pt.5-div.6","sectionType":"division","heading":"Reviewing decisions about permits","content":"## Reviewing decisions about permits","sortOrder":80},{"sectionNumber":"sec.145","sectionType":"section","heading":"Review by chief executive","content":"### sec.145 Review by chief executive\n\nThis section applies if the chief executive is asked to review an issuing entity’s decision to—\nrefuse to issue a stock route travel permit; or\nimpose conditions on a stock route travel permit; or\nrefuse to amend conditions on a stock route travel permit as requested by the permit holder; or\ncancel a stock route travel permit.\nThe chief executive must, by written notice—\nconfirm the decision; or\nrevoke the decision and direct the issuing entity—\nfor a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or\nfor a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or\nfor a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or\nfor a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\nThe chief executive must, within 7 days after being asked to review the decision, give to the permit holder and the issuing entity—\nthe notice; and\nif the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive’s decision.\nThe issuing entity must comply with the notice.\nA request to review a decision under this section does not stay the operation of the decision.\n(sec.145-ssec.1) This section applies if the chief executive is asked to review an issuing entity’s decision to— refuse to issue a stock route travel permit; or impose conditions on a stock route travel permit; or refuse to amend conditions on a stock route travel permit as requested by the permit holder; or cancel a stock route travel permit.\n(sec.145-ssec.2) The chief executive must, by written notice— confirm the decision; or revoke the decision and direct the issuing entity— for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n(sec.145-ssec.3) The chief executive must, within 7 days after being asked to review the decision, give to the permit holder and the issuing entity— the notice; and if the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive’s decision.\n(sec.145-ssec.4) The issuing entity must comply with the notice.\n(sec.145-ssec.5) A request to review a decision under this section does not stay the operation of the decision.\n- (a) refuse to issue a stock route travel permit; or\n- (b) impose conditions on a stock route travel permit; or\n- (c) refuse to amend conditions on a stock route travel permit as requested by the permit holder; or\n- (d) cancel a stock route travel permit.\n- (a) confirm the decision; or\n- (b) revoke the decision and direct the issuing entity— (i) for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or (ii) for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or (iii) for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or (iv) for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n- (i) for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or\n- (ii) for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or\n- (iii) for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or\n- (iv) for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n- (i) for a decision mentioned in subsection (1) (a) —to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or\n- (ii) for a decision mentioned in subsection (1) (b) —to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or\n- (iii) for a decision mentioned in subsection (1) (c) —to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or\n- (iv) for a decision mentioned in subsection (1) (d) —to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides.\n- (a) the notice; and\n- (b) if the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive’s decision.","sortOrder":81},{"sectionNumber":"ch.3-pt.5-div.7","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":82},{"sectionNumber":"sec.146","sectionType":"section","heading":"Issuing replacement permit after change of conditions or review of decision","content":"### sec.146 Issuing replacement permit after change of conditions or review of decision\n\nAn issuing entity may, by written notice, require the holder of a stock route travel permit to return the permit to the entity within a stated reasonable period for amendment under a decision made under section 143 (4) or 145 (2) (b) (ii) to (iv) .\nThe holder must comply with the notice unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\nOn receiving the permit, the issuing entity must issue a replacement permit, incorporating the amendments, to the holder.\nThe issuing entity must give the chief executive a copy of each replacement permit it issues.\nThe amendment of the permit does not depend on it being replaced under this section.\n(sec.146-ssec.1) An issuing entity may, by written notice, require the holder of a stock route travel permit to return the permit to the entity within a stated reasonable period for amendment under a decision made under section 143 (4) or 145 (2) (b) (ii) to (iv) .\n(sec.146-ssec.2) The holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.146-ssec.3) On receiving the permit, the issuing entity must issue a replacement permit, incorporating the amendments, to the holder.\n(sec.146-ssec.4) The issuing entity must give the chief executive a copy of each replacement permit it issues.\n(sec.146-ssec.5) The amendment of the permit does not depend on it being replaced under this section.","sortOrder":83},{"sectionNumber":"sec.147","sectionType":"section","heading":"Rate of travel of stock","content":"### sec.147 Rate of travel of stock\n\nThe person in charge of stock being driven on foot under a stock route travel permit must, unless the permit states otherwise, ensure the stock travel towards their destination at a rate not less than 10km a day.\nMaximum penalty—50 penalty units.\nThe rate of travel of stock is calculated between inspections authorised by the local government for the area in which the stock are travelling.\nInspections must be at least 24 hours apart.\nIn calculating the rate of travel of stock the following periods are not included—\na period when the stock are prevented from travelling by rain, flood or other unavoidable cause;\na period when the stock are lawfully detained or depastured elsewhere.\n(sec.147-ssec.1) The person in charge of stock being driven on foot under a stock route travel permit must, unless the permit states otherwise, ensure the stock travel towards their destination at a rate not less than 10km a day. Maximum penalty—50 penalty units.\n(sec.147-ssec.2) The rate of travel of stock is calculated between inspections authorised by the local government for the area in which the stock are travelling.\n(sec.147-ssec.3) Inspections must be at least 24 hours apart.\n(sec.147-ssec.4) In calculating the rate of travel of stock the following periods are not included— a period when the stock are prevented from travelling by rain, flood or other unavoidable cause; a period when the stock are lawfully detained or depastured elsewhere.\n- (a) a period when the stock are prevented from travelling by rain, flood or other unavoidable cause;\n- (b) a period when the stock are lawfully detained or depastured elsewhere.","sortOrder":84},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Fencing stock routes","content":"# Fencing stock routes","sortOrder":85},{"sectionNumber":"sec.148","sectionType":"section","heading":"Application of pt 6","content":"### sec.148 Application of pt 6\n\nThis part applies if, to protect or improve the stock route network in its area, a local government considers it necessary to build a stock-proof fence on the boundary of land adjoining the network.\nIn subsection (1) —\nland does not include State-controlled land.\n(sec.148-ssec.1) This part applies if, to protect or improve the stock route network in its area, a local government considers it necessary to build a stock-proof fence on the boundary of land adjoining the network.\n(sec.148-ssec.2) In subsection (1) — land does not include State-controlled land.","sortOrder":86},{"sectionNumber":"sec.149","sectionType":"section","heading":"Fencing notice","content":"### sec.149 Fencing notice\n\nThe local government may, by written notice (a fencing notice ) given to the landowner, require the owner to build a stock-proof fence on the boundary of the land to prevent stock on the land entering a part of the network.\nThe fencing notice must—\nstate the reasonable period in which the owner must build the fence; and\nbe accompanied by or include an information notice about the local government’s decision to give the notice.\n(sec.149-ssec.1) The local government may, by written notice (a fencing notice ) given to the landowner, require the owner to build a stock-proof fence on the boundary of the land to prevent stock on the land entering a part of the network.\n(sec.149-ssec.2) The fencing notice must— state the reasonable period in which the owner must build the fence; and be accompanied by or include an information notice about the local government’s decision to give the notice.\n- (a) state the reasonable period in which the owner must build the fence; and\n- (b) be accompanied by or include an information notice about the local government’s decision to give the notice.","sortOrder":87},{"sectionNumber":"sec.150","sectionType":"section","heading":"Obligation to build fence","content":"### sec.150 Obligation to build fence\n\nThe landowner must build the fence within the reasonable period stated in the notice unless the owner has a reasonable excuse.\nMaximum penalty—400 penalty units.","sortOrder":88},{"sectionNumber":"sec.151","sectionType":"section","heading":"Obligation to maintain fence","content":"### sec.151 Obligation to maintain fence\n\nThe landowner must maintain the fence in a stock-proof condition unless the owner has a reasonable excuse.\nMaximum penalty—400 penalty units.","sortOrder":89},{"sectionNumber":"sec.152","sectionType":"section","heading":"Noncompliance with fencing notice or obligation to maintain fence","content":"### sec.152 Noncompliance with fencing notice or obligation to maintain fence\n\nThis section applies if the landowner does not—\ncomply with the fencing notice; or\nmaintain the fence in a stock-proof condition.\nThe chief executive officer of the local government may enter the owner’s land at any reasonable time to build or complete the building of the fence, or do anything necessary to make the fence stock-proof.\nBefore entering the owner’s land, the chief executive officer must give the owner at least 7 days written notice stating the following—\nthat the chief executive officer intends to enter the land;\nthe purpose of the intended entry;\nthe date of the intended entry;\nthe intended stay.\n(sec.152-ssec.1) This section applies if the landowner does not— comply with the fencing notice; or maintain the fence in a stock-proof condition.\n(sec.152-ssec.2) The chief executive officer of the local government may enter the owner’s land at any reasonable time to build or complete the building of the fence, or do anything necessary to make the fence stock-proof.\n(sec.152-ssec.3) Before entering the owner’s land, the chief executive officer must give the owner at least 7 days written notice stating the following— that the chief executive officer intends to enter the land; the purpose of the intended entry; the date of the intended entry; the intended stay.\n- (a) comply with the fencing notice; or\n- (b) maintain the fence in a stock-proof condition.\n- (a) that the chief executive officer intends to enter the land;\n- (b) the purpose of the intended entry;\n- (c) the date of the intended entry;\n- (d) the intended stay.","sortOrder":90},{"sectionNumber":"sec.153","sectionType":"section","heading":"Amounts payable by landowner","content":"### sec.153 Amounts payable by landowner\n\nIf the chief executive officer takes action under section 152 (2) , the amount of the costs reasonably incurred in taking the action are a debt payable to the local government—\nby the landowner; or\nif there are 2 or more owners for the land, jointly and severally by each owner.\nIf the owner does not pay the amount when it is payable, interest is payable on the overdue amount at the rate, and calculated in the way, prescribed under a regulation.\n(sec.153-ssec.1) If the chief executive officer takes action under section 152 (2) , the amount of the costs reasonably incurred in taking the action are a debt payable to the local government— by the landowner; or if there are 2 or more owners for the land, jointly and severally by each owner.\n(sec.153-ssec.2) If the owner does not pay the amount when it is payable, interest is payable on the overdue amount at the rate, and calculated in the way, prescribed under a regulation.\n- (a) by the landowner; or\n- (b) if there are 2 or more owners for the land, jointly and severally by each owner.","sortOrder":91},{"sectionNumber":"sec.154","sectionType":"section","heading":"Unpaid amounts are a charge on land","content":"### sec.154 Unpaid amounts are a charge on land\n\nIf the owner does not pay to the local government an amount payable under section 153 , the unpaid amount is a charge on the land as if it were overdue rates under the Local Government Act 2009 .\nIf the land in relation to which the unpaid amount was incurred is part only of a parcel of land owned by the owner, the amount is a charge on the parcel of land.\nThis section is in addition to any other remedy the local government has for recovery of the unpaid amount.\ns 154 amd 2009 No. 17 s 331 sch 1\n(sec.154-ssec.1) If the owner does not pay to the local government an amount payable under section 153 , the unpaid amount is a charge on the land as if it were overdue rates under the Local Government Act 2009 .\n(sec.154-ssec.2) If the land in relation to which the unpaid amount was incurred is part only of a parcel of land owned by the owner, the amount is a charge on the parcel of land.\n(sec.154-ssec.3) This section is in addition to any other remedy the local government has for recovery of the unpaid amount.","sortOrder":92},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Other provisions about stock route network management","content":"# Other provisions about stock route network management","sortOrder":93},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":"Mustering stock","content":"## Mustering stock","sortOrder":94},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application of div 1","content":"### sec.155 Application of div 1\n\nThis division applies if the chief executive officer of a local government reasonably believes it is necessary to muster stock on relevant land in its area to monitor compliance with—\na stock route agistment permit; or\na stock route travel permit.\n- (a) a stock route agistment permit; or\n- (b) a stock route travel permit.","sortOrder":95},{"sectionNumber":"sec.156","sectionType":"section","heading":"Mustering notice","content":"### sec.156 Mustering notice\n\nThe local government may, by written notice (a mustering notice ) given to the permit holder, require the holder to muster the holder’s stock on the land.\nThe mustering notice must—\nstate the reasonable period in which the holder must muster the stock; and\nbe accompanied by or include an information notice about the local government’s decision to give the notice.\n(sec.156-ssec.1) The local government may, by written notice (a mustering notice ) given to the permit holder, require the holder to muster the holder’s stock on the land.\n(sec.156-ssec.2) The mustering notice must— state the reasonable period in which the holder must muster the stock; and be accompanied by or include an information notice about the local government’s decision to give the notice.\n- (a) state the reasonable period in which the holder must muster the stock; and\n- (b) be accompanied by or include an information notice about the local government’s decision to give the notice.","sortOrder":96},{"sectionNumber":"sec.157","sectionType":"section","heading":"Obligation to comply with notice","content":"### sec.157 Obligation to comply with notice\n\nThe holder must comply with the mustering notice unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":97},{"sectionNumber":"sec.158","sectionType":"section","heading":"Noncompliance with mustering notice","content":"### sec.158 Noncompliance with mustering notice\n\nIf the holder does not comply with the mustering notice, the chief executive officer of the local government may enter the land at any reasonable time and muster the stock.\nHowever, if the land is subject to a lease under the Land Act , the chief executive officer of the local government may enter the land only if—\nthe landowner consents to the entry; or\nthe chief executive officer of the local government has given the landowner at least 24 hours written notice of the intended entry.\nThe notice must state the purpose and date of the intended entry.\n(sec.158-ssec.1) If the holder does not comply with the mustering notice, the chief executive officer of the local government may enter the land at any reasonable time and muster the stock.\n(sec.158-ssec.2) However, if the land is subject to a lease under the Land Act , the chief executive officer of the local government may enter the land only if— the landowner consents to the entry; or the chief executive officer of the local government has given the landowner at least 24 hours written notice of the intended entry.\n(sec.158-ssec.3) The notice must state the purpose and date of the intended entry.\n- (a) the landowner consents to the entry; or\n- (b) the chief executive officer of the local government has given the landowner at least 24 hours written notice of the intended entry.","sortOrder":98},{"sectionNumber":"sec.159","sectionType":"section","heading":"Amounts payable by permit holder","content":"### sec.159 Amounts payable by permit holder\n\nIf the chief executive officer takes action under section 158 , the amount of the costs reasonably incurred in taking the action are a debt payable to the local government by the holder.\nIf the holder does not pay the amount when it is payable, interest is payable on the overdue amount at the rate, and calculated in the way, prescribed under a regulation.\ns 159 amd 2004 No. 33 s 14\n(sec.159-ssec.1) If the chief executive officer takes action under section 158 , the amount of the costs reasonably incurred in taking the action are a debt payable to the local government by the holder.\n(sec.159-ssec.2) If the holder does not pay the amount when it is payable, interest is payable on the overdue amount at the rate, and calculated in the way, prescribed under a regulation.","sortOrder":99},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":"Pasture on the stock route network","content":"## Pasture on the stock route network","sortOrder":100},{"sectionNumber":"sec.160","sectionType":"section","heading":"Managing and conserving pasture","content":"### sec.160 Managing and conserving pasture\n\nA local government must manage and conserve pasture on the stock route network in its area to ensure, as far as practicable, an adequate supply of pasture for travelling stock.","sortOrder":101},{"sectionNumber":"sec.161","sectionType":"section","heading":"Overgrazing on stock route network","content":"### sec.161 Overgrazing on stock route network\n\nThis section applies if the chief executive officer of a local government reasonably believes, because of the number of stock on land within which a part of the network in the local government’s area is fenced or otherwise enclosed, sufficient pasture will not be available for travelling stock on the network.\nThe local government may, by written notice given to the landowner, require the owner to reduce the number of stock on the land.\nThe notice must—\nstate the reasonable number to which the stock are to be reduced and the reasonable period in which the reduction must be made; and\nbe accompanied by or include an information notice for the decision to give the notice.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—400 penalty units.\nThis section does not limit the chief executive officer’s powers under section 149 .\ns 161 amd 2009 No. 24 s 874\n(sec.161-ssec.1) This section applies if the chief executive officer of a local government reasonably believes, because of the number of stock on land within which a part of the network in the local government’s area is fenced or otherwise enclosed, sufficient pasture will not be available for travelling stock on the network.\n(sec.161-ssec.2) The local government may, by written notice given to the landowner, require the owner to reduce the number of stock on the land.\n(sec.161-ssec.3) The notice must— state the reasonable number to which the stock are to be reduced and the reasonable period in which the reduction must be made; and be accompanied by or include an information notice for the decision to give the notice.\n(sec.161-ssec.4) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.161-ssec.5) This section does not limit the chief executive officer’s powers under section 149 .\n- (a) state the reasonable number to which the stock are to be reduced and the reasonable period in which the reduction must be made; and\n- (b) be accompanied by or include an information notice for the decision to give the notice.","sortOrder":102},{"sectionNumber":"ch.3-pt.7-div.3","sectionType":"division","heading":"Travelling stock facilities and water facility agreements","content":"## Travelling stock facilities and water facility agreements","sortOrder":103},{"sectionNumber":"sec.162","sectionType":"section","heading":"Travelling stock facilities","content":"### sec.162 Travelling stock facilities\n\nSubject to section 163 (1) (d) , a local government must maintain in good condition the travelling stock facilities on the stock route network in its area.\nAlso, if required by the Minister, the local government must supply the following on the network in its area—\ntravelling stock facilities;\nwater for travelling stock.\n(sec.162-ssec.1) Subject to section 163 (1) (d) , a local government must maintain in good condition the travelling stock facilities on the stock route network in its area.\n(sec.162-ssec.2) Also, if required by the Minister, the local government must supply the following on the network in its area— travelling stock facilities; water for travelling stock.\n- (a) travelling stock facilities;\n- (b) water for travelling stock.","sortOrder":104},{"sectionNumber":"sec.163","sectionType":"section","heading":"Water facility agreements","content":"### sec.163 Water facility agreements\n\nThe chief executive, a local government and a landowner may enter into an agreement (a water facility agreement ) about any of the following—\nsupplying water to the land from a water facility under the local government’s control;\nsupplying water to the stock route network from a water facility owned by the landowner;\nwatering travelling stock at the owner’s water facilities;\nmaintaining water facilities under the local government’s control;\nconstructing or maintaining water facilities on the network or on the owner’s land;\nallowing access to the owner’s land for any purpose mentioned in paragraphs (a) to (e) .\nThe water facility agreement must—\nstate who owns the water facility and who is responsible for its control, maintenance and management; and\nstate the fee, if any, payable under the agreement; and\nprovide for termination by a party to the agreement giving the other parties a stated period of written notice of termination.\ns 163 amd 2004 No. 33 s 15\n(sec.163-ssec.1) The chief executive, a local government and a landowner may enter into an agreement (a water facility agreement ) about any of the following— supplying water to the land from a water facility under the local government’s control; supplying water to the stock route network from a water facility owned by the landowner; watering travelling stock at the owner’s water facilities; maintaining water facilities under the local government’s control; constructing or maintaining water facilities on the network or on the owner’s land; allowing access to the owner’s land for any purpose mentioned in paragraphs (a) to (e) .\n(sec.163-ssec.2) The water facility agreement must— state who owns the water facility and who is responsible for its control, maintenance and management; and state the fee, if any, payable under the agreement; and provide for termination by a party to the agreement giving the other parties a stated period of written notice of termination.\n- (a) supplying water to the land from a water facility under the local government’s control;\n- (b) supplying water to the stock route network from a water facility owned by the landowner;\n- (c) watering travelling stock at the owner’s water facilities;\n- (d) maintaining water facilities under the local government’s control;\n- (e) constructing or maintaining water facilities on the network or on the owner’s land;\n- (f) allowing access to the owner’s land for any purpose mentioned in paragraphs (a) to (e) .\n- (a) state who owns the water facility and who is responsible for its control, maintenance and management; and\n- (b) state the fee, if any, payable under the agreement; and\n- (c) provide for termination by a party to the agreement giving the other parties a stated period of written notice of termination.","sortOrder":105},{"sectionNumber":"sec.164","sectionType":"section","heading":"Register of agreements","content":"### sec.164 Register of agreements\n\nA local government must keep a register of water facility agreements entered into by it.\nThe register must state the following particulars for each agreement—\nthe landowner’s name and address;\nthe fee, if any, payable under the agreement;\nwho is responsible for the control, maintenance and management of the water facility under the agreement;\na description of the land to which, or from which, the water is supplied;\nthe amount of any minimum guaranteed water supply under the agreement;\nother information prescribed under a regulation.\nA person may—\non payment of the fee prescribed under a regulation, inspect the register at the local government’s public office when the office is open to the public; and\non payment of the fee that is reasonable but not more than the actual cost, take extracts from, or obtain a copy of details in, the register.\n(sec.164-ssec.1) A local government must keep a register of water facility agreements entered into by it.\n(sec.164-ssec.2) The register must state the following particulars for each agreement— the landowner’s name and address; the fee, if any, payable under the agreement; who is responsible for the control, maintenance and management of the water facility under the agreement; a description of the land to which, or from which, the water is supplied; the amount of any minimum guaranteed water supply under the agreement; other information prescribed under a regulation.\n(sec.164-ssec.3) A person may— on payment of the fee prescribed under a regulation, inspect the register at the local government’s public office when the office is open to the public; and on payment of the fee that is reasonable but not more than the actual cost, take extracts from, or obtain a copy of details in, the register.\n- (a) the landowner’s name and address;\n- (b) the fee, if any, payable under the agreement;\n- (c) who is responsible for the control, maintenance and management of the water facility under the agreement;\n- (d) a description of the land to which, or from which, the water is supplied;\n- (e) the amount of any minimum guaranteed water supply under the agreement;\n- (f) other information prescribed under a regulation.\n- (a) on payment of the fee prescribed under a regulation, inspect the register at the local government’s public office when the office is open to the public; and\n- (b) on payment of the fee that is reasonable but not more than the actual cost, take extracts from, or obtain a copy of details in, the register.","sortOrder":106},{"sectionNumber":"sec.165","sectionType":"section","heading":"Registration of particular agreements","content":"### sec.165 Registration of particular agreements\n\nThis section applies to a water facility agreement for construction of a water facility on freehold land or land leased from the State if the construction of the facility is paid for in whole or in part by the State.\nAs soon as practicable after the agreement is entered, the chief executive must give the registrar of titles written notice of the agreement.\nThe registrar of titles must keep records showing that the land specified in the notice is the subject of a water facility agreement.\nThe registrar of titles must keep the records in a way that allows a search of the register kept by the registrar under any Act relating to title to the land to show the existence of the agreement.\nAs soon as practicable after the agreement is terminated, the chief executive must give the registrar of titles written notice of the termination.\nAs soon as practicable after receiving a notice under subsection (5) , the registrar of titles must remove the particulars of the agreement from the registrar’s records.\nWhile the agreement is in force, the landowner’s obligations under the agreement attach to the land and bind the owner and the owner’s successors in title to the land.\nIn this section—\nregistrar of titles means the registrar of titles under the Land Title Act .\ns 165 amd 2004 No. 33 s 16 ; 2021 No 12 s 148 sch 3\n(sec.165-ssec.1) This section applies to a water facility agreement for construction of a water facility on freehold land or land leased from the State if the construction of the facility is paid for in whole or in part by the State.\n(sec.165-ssec.2) As soon as practicable after the agreement is entered, the chief executive must give the registrar of titles written notice of the agreement.\n(sec.165-ssec.3) The registrar of titles must keep records showing that the land specified in the notice is the subject of a water facility agreement.\n(sec.165-ssec.4) The registrar of titles must keep the records in a way that allows a search of the register kept by the registrar under any Act relating to title to the land to show the existence of the agreement.\n(sec.165-ssec.5) As soon as practicable after the agreement is terminated, the chief executive must give the registrar of titles written notice of the termination.\n(sec.165-ssec.6) As soon as practicable after receiving a notice under subsection (5) , the registrar of titles must remove the particulars of the agreement from the registrar’s records.\n(sec.165-ssec.7) While the agreement is in force, the landowner’s obligations under the agreement attach to the land and bind the owner and the owner’s successors in title to the land.\n(sec.165-ssec.8) In this section— registrar of titles means the registrar of titles under the Land Title Act .","sortOrder":107},{"sectionNumber":"ch.3-pt.7-div.4","sectionType":"division","heading":"Stray stock","content":"## Stray stock","sortOrder":108},{"sectionNumber":"sec.166","sectionType":"section","heading":"Offence to allow stock to stray","content":"### sec.166 Offence to allow stock to stray\n\nA person must not, without reasonable excuse, allow stock to stray onto the stock route network.\nMaximum penalty—\nfor not more than 10 head of stock—100 penalty units; or\nfor more than 10 head of stock—400 penalty units.\n- (a) for not more than 10 head of stock—100 penalty units; or\n- (b) for more than 10 head of stock—400 penalty units.","sortOrder":109},{"sectionNumber":"sec.167","sectionType":"section","heading":"Stray stock may be seized","content":"### sec.167 Stray stock may be seized\n\nIf the chief executive officer of a local government reasonably suspects stock found on the stock route network in the local government’s area are stray stock, the chief executive officer may seize the stock.","sortOrder":110},{"sectionNumber":"sec.168","sectionType":"section","heading":"Notice of seizure","content":"### sec.168 Notice of seizure\n\nThe chief executive officer must give the owner of the seized stock written notice of the seizure.\nIf the owner’s name is not known, the notice must be given to the owner by publishing the notice in at least 1 of the following ways—\non a relevant website;\nin a regional newspaper circulating generally in the area in which the stock were found;\nin an electronic version of a newspaper mentioned in paragraph (b) .\nThe notice must state that the stock—\nmust be claimed within 3 days after the notice is given; and\nif not claimed within the 3 days—may be sold or disposed of.\ns 168 amd 2023 No. 2 s 66\n(sec.168-ssec.1) The chief executive officer must give the owner of the seized stock written notice of the seizure.\n(sec.168-ssec.2) If the owner’s name is not known, the notice must be given to the owner by publishing the notice in at least 1 of the following ways— on a relevant website; in a regional newspaper circulating generally in the area in which the stock were found; in an electronic version of a newspaper mentioned in paragraph (b) .\n(sec.168-ssec.3) The notice must state that the stock— must be claimed within 3 days after the notice is given; and if not claimed within the 3 days—may be sold or disposed of.\n- (a) on a relevant website;\n- (b) in a regional newspaper circulating generally in the area in which the stock were found;\n- (c) in an electronic version of a newspaper mentioned in paragraph (b) .\n- (a) must be claimed within 3 days after the notice is given; and\n- (b) if not claimed within the 3 days—may be sold or disposed of.","sortOrder":111},{"sectionNumber":"sec.169","sectionType":"section","heading":"Releasing seized stock","content":"### sec.169 Releasing seized stock\n\nIf a person claims the seized stock, the chief executive officer may release the stock to the person only if the person—\nsatisfies the chief executive officer the person is entitled to possession of the stock; and\npays the chief executive officer’s reasonable costs of—\nseizing, removing and holding the stock; and\ngiving the notice.\n- (a) satisfies the chief executive officer the person is entitled to possession of the stock; and\n- (b) pays the chief executive officer’s reasonable costs of— (i) seizing, removing and holding the stock; and (ii) giving the notice.\n- (i) seizing, removing and holding the stock; and\n- (ii) giving the notice.\n- (i) seizing, removing and holding the stock; and\n- (ii) giving the notice.","sortOrder":112},{"sectionNumber":"sec.170","sectionType":"section","heading":"Dealing with seized stock","content":"### sec.170 Dealing with seized stock\n\nThis section applies if the owner of the seized stock does not claim the stock within 3 days after the owner is given the notice.\nIf the chief executive officer of the local government reasonably believes the stock have a market value of more than the amount prescribed under a regulation, the chief executive officer must sell the stock by public auction or tender.\nIf the chief executive officer reasonably believes the stock have a market value of the prescribed amount or less, the chief executive officer may dispose of the stock in a way the chief executive officer considers appropriate.\nCompensation is not payable for a sale or disposal under this section.\nFor subsection (2) , the amount prescribed must not be less than $1000.\n(sec.170-ssec.1) This section applies if the owner of the seized stock does not claim the stock within 3 days after the owner is given the notice.\n(sec.170-ssec.2) If the chief executive officer of the local government reasonably believes the stock have a market value of more than the amount prescribed under a regulation, the chief executive officer must sell the stock by public auction or tender.\n(sec.170-ssec.3) If the chief executive officer reasonably believes the stock have a market value of the prescribed amount or less, the chief executive officer may dispose of the stock in a way the chief executive officer considers appropriate.\n(sec.170-ssec.4) Compensation is not payable for a sale or disposal under this section.\n(sec.170-ssec.5) For subsection (2) , the amount prescribed must not be less than $1000.","sortOrder":113},{"sectionNumber":"sec.171","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.171 Application of proceeds of sale\n\nIf the chief executive officer of the local government sells the seized stock, the proceeds of the sale must be applied in the following order—\nin payment of the chief executive officer’s reasonable expenses incurred in the sale;\nin payment of the reasonable costs of—\nseizing, removing and holding the stock; and\ngiving the notice;\nin payment of any balance to the owner.\n- (a) in payment of the chief executive officer’s reasonable expenses incurred in the sale;\n- (b) in payment of the reasonable costs of— (i) seizing, removing and holding the stock; and (ii) giving the notice;\n- (i) seizing, removing and holding the stock; and\n- (ii) giving the notice;\n- (c) in payment of any balance to the owner.\n- (i) seizing, removing and holding the stock; and\n- (ii) giving the notice;","sortOrder":114},{"sectionNumber":"sec.172","sectionType":"section","heading":"Destroying other stray stock","content":"### sec.172 Destroying other stray stock\n\nThis section applies if the chief executive officer of a local government reasonably believes—\nstock found on the stock route network in the local government’s area are stray stock; and\nit is not practicable to seize the stock under section 167 ; and\nit is necessary to destroy the stock in the interests of public safety.\nThe chief executive officer of the local government may destroy the stock in the way the chief executive officer considers appropriate.\nCompensation is not payable for stock destroyed under this section.\n(sec.172-ssec.1) This section applies if the chief executive officer of a local government reasonably believes— stock found on the stock route network in the local government’s area are stray stock; and it is not practicable to seize the stock under section 167 ; and it is necessary to destroy the stock in the interests of public safety.\n(sec.172-ssec.2) The chief executive officer of the local government may destroy the stock in the way the chief executive officer considers appropriate.\n(sec.172-ssec.3) Compensation is not payable for stock destroyed under this section.\n- (a) stock found on the stock route network in the local government’s area are stray stock; and\n- (b) it is not practicable to seize the stock under section 167 ; and\n- (c) it is necessary to destroy the stock in the interests of public safety.","sortOrder":115},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Other offences about the stock route network","content":"# Other offences about the stock route network","sortOrder":116},{"sectionNumber":"sec.173","sectionType":"section","heading":"Offences about stock route agistment and travel permits","content":"### sec.173 Offences about stock route agistment and travel permits\n\nA person must not, without reasonable excuse, contravene a condition of a stock route agistment permit that applies to the person.\nMaximum penalty—50 penalty units.\nA person must not, without reasonable excuse, contravene a condition of a stock route travel permit that applies to the person.\nMaximum penalty—50 penalty units.\nThe drover of stock moved under a stock route travel permit must, unless the drover has a reasonable excuse, immediately produce the permit, or a copy of it, to an authorised person for inspection if the authorised person asks for it to be produced for inspection.\nMaximum penalty—10 penalty units.\n(sec.173-ssec.1) A person must not, without reasonable excuse, contravene a condition of a stock route agistment permit that applies to the person. Maximum penalty—50 penalty units.\n(sec.173-ssec.2) A person must not, without reasonable excuse, contravene a condition of a stock route travel permit that applies to the person. Maximum penalty—50 penalty units.\n(sec.173-ssec.3) The drover of stock moved under a stock route travel permit must, unless the drover has a reasonable excuse, immediately produce the permit, or a copy of it, to an authorised person for inspection if the authorised person asks for it to be produced for inspection. Maximum penalty—10 penalty units.","sortOrder":117},{"sectionNumber":"sec.174","sectionType":"section","heading":"Grazing stock without permit","content":"### sec.174 Grazing stock without permit\n\nA person must not, without reasonable excuse, graze stock on relevant land unless the person holds—\na stock route agistment permit or stock route travel permit for the land; or\na permission given under another Act allowing the stock to be grazed on the land.\nMaximum penalty—50 penalty units.\n- (a) a stock route agistment permit or stock route travel permit for the land; or\n- (b) a permission given under another Act allowing the stock to be grazed on the land.","sortOrder":118},{"sectionNumber":"sec.175","sectionType":"section","heading":"Damaging travelling stock facility","content":"### sec.175 Damaging travelling stock facility\n\nA person must not, without reasonable excuse, damage a travelling stock facility on the stock route network.\nMaximum penalty—50 penalty units.\nIn subsection (1) —\ndamage includes hinder the usual operation of the facility.\n(sec.175-ssec.1) A person must not, without reasonable excuse, damage a travelling stock facility on the stock route network. Maximum penalty—50 penalty units.\n(sec.175-ssec.2) In subsection (1) — damage includes hinder the usual operation of the facility.","sortOrder":119},{"sectionNumber":"sec.176","sectionType":"section","heading":"Wasting or polluting water","content":"### sec.176 Wasting or polluting water\n\nA person must not, without reasonable excuse—\nwaste water from a water facility on the stock route network; or\npollute water in a water facility on the stock route network.\nMaximum penalty—50 penalty units.\n- (a) waste water from a water facility on the stock route network; or\n- (b) pollute water in a water facility on the stock route network.","sortOrder":120},{"sectionNumber":"sec.177","sectionType":"section","heading":"Taking water","content":"### sec.177 Taking water\n\nA person must not, without reasonable excuse, take water from a water facility on the stock route network other than under a water facility agreement or a permit.\nMaximum penalty—50 penalty units.","sortOrder":121},{"sectionNumber":"sec.178","sectionType":"section","heading":"Camping","content":"### sec.178 Camping\n\nA person must not, without a reasonable excuse, camp within 300m of a water facility on the stock route network.\nMaximum penalty—50 penalty units.","sortOrder":122},{"sectionNumber":"sec.179","sectionType":"section","heading":"Obstructing movement of stock","content":"### sec.179 Obstructing movement of stock\n\nA person must not, without reasonable excuse, obstruct the movement of travelling stock on the stock route network.\nbuilding a fence, locking a gate or using vehicles or animals to prevent stock movement\nmaking noise to alarm stock\nMaximum penalty—50 penalty units.\n- 1 building a fence, locking a gate or using vehicles or animals to prevent stock movement\n- 2 making noise to alarm stock","sortOrder":123},{"sectionNumber":"sec.180","sectionType":"section","heading":"Burning or removing pasture","content":"### sec.180 Burning or removing pasture\n\nA person must not, without reasonable excuse, burn pasture on the stock route network without the consent of the local government for the area in which the pasture is situated.\nMaximum penalty—50 penalty units.\nA person must not, without reasonable excuse, remove pasture on the stock route network without the consent of the local government for the area in which the pasture is situated.\ncutting and baling pasture for hay\nMaximum penalty—50 penalty units.\n(sec.180-ssec.1) A person must not, without reasonable excuse, burn pasture on the stock route network without the consent of the local government for the area in which the pasture is situated. Maximum penalty—50 penalty units.\n(sec.180-ssec.2) A person must not, without reasonable excuse, remove pasture on the stock route network without the consent of the local government for the area in which the pasture is situated. cutting and baling pasture for hay Maximum penalty—50 penalty units.","sortOrder":124},{"sectionNumber":"sec.181","sectionType":"section","heading":"Placing things on the stock route network","content":"### sec.181 Placing things on the stock route network\n\nA person must not, without reasonable excuse, place any thing on the stock route network if the thing is likely to harm stock travelling on the network.\nan animal carcass or part of the carcass, a car body, old fencing, wire or rope\nMaximum penalty—50 penalty units.\nIn subsection (1) —\nharm includes obstruct or otherwise interfere with.\n(sec.181-ssec.1) A person must not, without reasonable excuse, place any thing on the stock route network if the thing is likely to harm stock travelling on the network. an animal carcass or part of the carcass, a car body, old fencing, wire or rope Maximum penalty—50 penalty units.\n(sec.181-ssec.2) In subsection (1) — harm includes obstruct or otherwise interfere with.","sortOrder":125},{"sectionNumber":"sec.182","sectionType":"section","heading":"Offences about using reserves for travelling stock","content":"### sec.182 Offences about using reserves for travelling stock\n\nThis section applies to a person in charge of travelling stock if the person travels the stock—\non a reserve for travelling stock for which there is an owner; or\non a part of the stock route network fenced in with land for which there is an owner.\nAt least 48 hours before entering the reserve or part of the network, the person must give notice of the intended entry to the owner.\nMaximum penalty—50 penalty units.\nThe owner must, unless the owner has a reasonable excuse—\nallow the travelling stock to travel through or otherwise use the reserve or part of the network; and\nensure the owner’s stock do not interfere with the travelling stock’s travel through, or other use of, the reserve or part of the network.\nMaximum penalty—50 penalty units.\n(sec.182-ssec.1) This section applies to a person in charge of travelling stock if the person travels the stock— on a reserve for travelling stock for which there is an owner; or on a part of the stock route network fenced in with land for which there is an owner.\n(sec.182-ssec.2) At least 48 hours before entering the reserve or part of the network, the person must give notice of the intended entry to the owner. Maximum penalty—50 penalty units.\n(sec.182-ssec.3) The owner must, unless the owner has a reasonable excuse— allow the travelling stock to travel through or otherwise use the reserve or part of the network; and ensure the owner’s stock do not interfere with the travelling stock’s travel through, or other use of, the reserve or part of the network. Maximum penalty—50 penalty units.\n- (a) on a reserve for travelling stock for which there is an owner; or\n- (b) on a part of the stock route network fenced in with land for which there is an owner.\n- (a) allow the travelling stock to travel through or otherwise use the reserve or part of the network; and\n- (b) ensure the owner’s stock do not interfere with the travelling stock’s travel through, or other use of, the reserve or part of the network.","sortOrder":126},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":127},{"sectionNumber":"sec.241","sectionType":"section","heading":null,"content":"### Section sec.241\n\ns 241 om 2014 No. 7 s 557","sortOrder":128},{"sectionNumber":"sec.242","sectionType":"section","heading":null,"content":"### Section sec.242\n\ns 242 om 2014 No. 7 s 557","sortOrder":129},{"sectionNumber":"sec.243","sectionType":"section","heading":null,"content":"### Section sec.243\n\ns 243 om 2014 No. 7 s 557","sortOrder":130},{"sectionNumber":"sec.244","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.244 Appointment and qualifications\n\nThe chief executive or chief executive officer of a local government (the appointing authority ) may appoint an individual as an authorised person.\nHowever, the appointing authority may appoint an individual as an authorised person only if the appointing authority is satisfied the individual has the necessary expertise or experience.\ns 244 amd 2014 No. 7 s 558\n(sec.244-ssec.1) The chief executive or chief executive officer of a local government (the appointing authority ) may appoint an individual as an authorised person.\n(sec.244-ssec.2) However, the appointing authority may appoint an individual as an authorised person only if the appointing authority is satisfied the individual has the necessary expertise or experience.","sortOrder":131},{"sectionNumber":"sec.245","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.245 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\nAlso, an authorised person appointed by the chief executive officer of a local government may exercise the authorised person’s powers only in relation to the local government’s area.\nIn this section—\nsigned notice means a notice signed by the chief executive or chief executive officer of a local government.\ns 245 amd 2014 No. 7 s 559\n(sec.245-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.245-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\n(sec.245-ssec.3) Also, an authorised person appointed by the chief executive officer of a local government may exercise the authorised person’s powers only in relation to the local government’s area.\n(sec.245-ssec.4) In this section— signed notice means a notice signed by the chief executive or chief executive officer of a local government.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":132},{"sectionNumber":"sec.246","sectionType":"section","heading":"Issue of identity card","content":"### sec.246 Issue of identity card\n\nAn appointing authority must issue an identity card to each authorised person appointed by it.\nThe identity card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate whether the authorised person is appointed by the chief executive or chief executive officer of a local government; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 246 amd 2014 No. 7 s 560\n(sec.246-ssec.1) An appointing authority must issue an identity card to each authorised person appointed by it.\n(sec.246-ssec.2) The identity card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state whether the authorised person is appointed by the chief executive or chief executive officer of a local government; and state an expiry date for the card.\n(sec.246-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state whether the authorised person is appointed by the chief executive or chief executive officer of a local government; and\n- (e) state an expiry date for the card.","sortOrder":133},{"sectionNumber":"sec.247","sectionType":"section","heading":"Production or display of identity card","content":"### sec.247 Production or display of identity card\n\nIn exercising a power under this Act in relation to another person, an authorised person must—\nproduce the authorised person’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to the other person only because the authorised person has entered a place as mentioned in section 251 (1) (b) or (2) .\n(sec.247-ssec.1) In exercising a power under this Act in relation to another person, an authorised person must— produce the authorised person’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.247-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.247-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to the other person only because the authorised person has entered a place as mentioned in section 251 (1) (b) or (2) .\n- (a) produce the authorised person’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":134},{"sectionNumber":"sec.248","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.248 When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised person ceases to hold office;\nthe authorised person’s resignation under section 249 takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\n(sec.248-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised person ceases to hold office; the authorised person’s resignation under section 249 takes effect.\n(sec.248-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.248-ssec.3) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised person ceases to hold office;\n- (c) the authorised person’s resignation under section 249 takes effect.","sortOrder":135},{"sectionNumber":"sec.249","sectionType":"section","heading":"Resignation","content":"### sec.249 Resignation\n\nAn authorised person may resign by signed notice given to the appointing authority who appointed the person.\nHowever, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.\n(sec.249-ssec.1) An authorised person may resign by signed notice given to the appointing authority who appointed the person.\n(sec.249-ssec.2) However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.","sortOrder":136},{"sectionNumber":"sec.250","sectionType":"section","heading":"Return of identity card","content":"### sec.250 Return of identity card\n\nAn individual who ceases to be an authorised person must return the individual’s identity card to the appointing authority within 21 days after ceasing to be an authorised person, unless the individual has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":137},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Powers of authorised persons","content":"# Powers of authorised persons","sortOrder":138},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Entry to places other than vehicles","content":"## Entry to places other than vehicles","sortOrder":139},{"sectionNumber":"sec.251","sectionType":"section","heading":"Power of entry","content":"### sec.251 Power of entry\n\nAn authorised person may enter a place, other than a vehicle, if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a permit holder’s place of business and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired to be open for inspection under the permit.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\ns 251 amd 2014 No. 7 s 561\n(sec.251-ssec.1) An authorised person may enter a place, other than a vehicle, if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a permit holder’s place of business and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the permit.\n(sec.251-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a permit holder’s place of business and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the permit.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the permit.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the permit.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":140},{"sectionNumber":"sec.252","sectionType":"section","heading":"Entry with consent","content":"### sec.252 Entry with consent\n\nThis section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 251 (1) (a) .\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state the following—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent;\nthe purpose of the entry;\nthe occupier gives the authorised person or another authorised person consent to enter the place and exercise powers under this part;\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised person must promptly give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement mentioned in subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.252-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 251 (1) (a) .\n(sec.252-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.252-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.252-ssec.4) The acknowledgement must state the following— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; the purpose of the entry; the occupier gives the authorised person or another authorised person consent to enter the place and exercise powers under this part; the time and date the consent was given.\n(sec.252-ssec.5) If the occupier signs the acknowledgement, the authorised person must promptly give a copy to the occupier.\n(sec.252-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement mentioned in subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent;\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent;\n- (b) the purpose of the entry;\n- (c) the occupier gives the authorised person or another authorised person consent to enter the place and exercise powers under this part;\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent;\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement mentioned in subsection (4) for the entry is not produced in evidence;","sortOrder":141},{"sectionNumber":"sec.253","sectionType":"section","heading":"Other entries without warrant","content":"### sec.253 Other entries without warrant\n\nThis section applies if—\nan authorised person is intending to enter a place under section 251 (1) (d) ; and\nthe occupier of the place is present at the place.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following—\ncomply with section 247 (1) ;\ntell the occupier the purpose of the entry;\ntell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent or warrant.\ns 253 amd 2014 No. 7 s 562\n(sec.253-ssec.1) This section applies if— an authorised person is intending to enter a place under section 251 (1) (d) ; and the occupier of the place is present at the place.\n(sec.253-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following— comply with section 247 (1) ; tell the occupier the purpose of the entry; tell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent or warrant.\n- (a) an authorised person is intending to enter a place under section 251 (1) (d) ; and\n- (b) the occupier of the place is present at the place.\n- (a) comply with section 247 (1) ;\n- (b) tell the occupier the purpose of the entry;\n- (c) tell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent or warrant.","sortOrder":142},{"sectionNumber":"sec.254","sectionType":"section","heading":"Application for warrant","content":"### sec.254 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.254-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.254-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.254-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":143},{"sectionNumber":"sec.255","sectionType":"section","heading":"Issue of warrant","content":"### sec.255 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised person’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.255-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.255-ssec.2) The warrant must state— that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised person’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised person’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this part; and","sortOrder":144},{"sectionNumber":"sec.256","sectionType":"section","heading":"Special warrants","content":"### sec.256 Special warrants\n\nAn authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nBefore applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\nThe authorised person may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised person—\nthe magistrate must tell the authorised person—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant was issued; and\nthe authorised person must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised person completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of an authorised person’s power stated in the special warrant was authorised by the warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove the authorised person obtained the warrant.\n(sec.256-ssec.1) An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.256-ssec.2) Before applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\n(sec.256-ssec.3) The authorised person may apply for the special warrant before the application is sworn.\n(sec.256-ssec.4) After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\n(sec.256-ssec.5) If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the special warrant are; and the date and time the special warrant was issued; and the authorised person must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.256-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.256-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form.\n(sec.256-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.256-ssec.9) If— an issue arises in a proceeding about whether an exercise of an authorised person’s power stated in the special warrant was authorised by the warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove the authorised person obtained the warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) the magistrate must tell the authorised person— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (b) the authorised person must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised person completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of an authorised person’s power stated in the special warrant was authorised by the warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":145},{"sectionNumber":"sec.257","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.257 Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\ncomply with section 247 (1) ;\ngive the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 256 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.257-ssec.1) This section applies if an authorised person named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.257-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— comply with section 247 (1) ; give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 256 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.257-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) comply with section 247 (1) ;\n- (b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 256 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":146},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Entry to vehicles","content":"## Entry to vehicles","sortOrder":147},{"sectionNumber":"sec.258","sectionType":"section","heading":"Power of entry","content":"### sec.258 Power of entry\n\nAn authorised person may enter a vehicle if the person in control of the vehicle consents to the entry.\ns 258 amd 2014 No. 7 s 563","sortOrder":148},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 om 2014 No. 7 s 564","sortOrder":149},{"sectionNumber":"sec.260","sectionType":"section","heading":"Power to stop vehicles that may be entered","content":"### sec.260 Power to stop vehicles that may be entered\n\nIf a vehicle that an authorised person may enter under this part is moving or about to move, the authorised person may signal the person in control of the vehicle to stop, or not to move, the vehicle.","sortOrder":150},{"sectionNumber":"sec.261","sectionType":"section","heading":"Failure to obey signal","content":"### sec.261 Failure to obey signal\n\nA person must not, without reasonable excuse, disobey a signal given under section 260 .\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person to disobey the signal if—\nto immediately obey the signal would have endangered the person or someone else; or\nthe person obeys the signal as soon as it is practicable to obey it.\n(sec.261-ssec.1) A person must not, without reasonable excuse, disobey a signal given under section 260 . Maximum penalty—50 penalty units.\n(sec.261-ssec.2) It is a reasonable excuse for the person to disobey the signal if— to immediately obey the signal would have endangered the person or someone else; or the person obeys the signal as soon as it is practicable to obey it.\n- (a) to immediately obey the signal would have endangered the person or someone else; or\n- (b) the person obeys the signal as soon as it is practicable to obey it.","sortOrder":151},{"sectionNumber":"sec.262","sectionType":"section","heading":"Other powers relating to vehicles that may be entered","content":"### sec.262 Other powers relating to vehicles that may be entered\n\nIf an authorised person may enter a vehicle under this part, the authorised person may require the person in control of the vehicle—\nto give the authorised person reasonable help to enter the vehicle; or\nto bring the vehicle to a stated place and remain in control of the vehicle for a reasonable period to allow the authorised person to exercise a power under this part.\nWhen making a requirement under subsection (1) , the authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nA person must not, without reasonable excuse, fail to comply with the requirement.\nMaximum penalty—50 penalty units.\ns 262 amd 2014 No. 7 s 565\n(sec.262-ssec.1) If an authorised person may enter a vehicle under this part, the authorised person may require the person in control of the vehicle— to give the authorised person reasonable help to enter the vehicle; or to bring the vehicle to a stated place and remain in control of the vehicle for a reasonable period to allow the authorised person to exercise a power under this part.\n(sec.262-ssec.2) When making a requirement under subsection (1) , the authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.262-ssec.3) A person must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—50 penalty units.\n- (a) to give the authorised person reasonable help to enter the vehicle; or\n- (b) to bring the vehicle to a stated place and remain in control of the vehicle for a reasonable period to allow the authorised person to exercise a power under this part.","sortOrder":152},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"Powers for entry to all places","content":"## Powers for entry to all places","sortOrder":153},{"sectionNumber":"sec.263","sectionType":"section","heading":"General powers after entering places","content":"### sec.263 General powers after entering places\n\nThis section applies to an authorised person who, under this part, may enter or has entered a place.\nHowever, if an authorised person enters a place to ask the occupier’s consent to enter premises, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\nFor monitoring or enforcing compliance with this Act, the authorised person may do any of the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\nmark or seal a container or other thing at the place;\nopen a container if the authorised person considers it is necessary for exercising a power under this part;\ntake a thing, or a sample of or from a thing, at the place for analysis or testing;\ntake extracts from, or make copies of, a document at the place;\ntake into the place the equipment, persons or materials the authorised person reasonably requires for exercising a power under this part;\nrequire the occupier of the place, or a person at the place, to give the authorised person—\nreasonable help to exercise the authorised person’s powers under paragraphs (a) to (g) ; or\ninformation to help the authorised person ascertain whether the Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (h) , the authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.263-ssec.1) This section applies to an authorised person who, under this part, may enter or has entered a place.\n(sec.263-ssec.2) However, if an authorised person enters a place to ask the occupier’s consent to enter premises, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\n(sec.263-ssec.3) For monitoring or enforcing compliance with this Act, the authorised person may do any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; mark or seal a container or other thing at the place; open a container if the authorised person considers it is necessary for exercising a power under this part; take a thing, or a sample of or from a thing, at the place for analysis or testing; take extracts from, or make copies of, a document at the place; take into the place the equipment, persons or materials the authorised person reasonably requires for exercising a power under this part; require the occupier of the place, or a person at the place, to give the authorised person— reasonable help to exercise the authorised person’s powers under paragraphs (a) to (g) ; or information to help the authorised person ascertain whether the Act is being complied with.\n(sec.263-ssec.4) When making a requirement mentioned in subsection (3) (h) , the authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) mark or seal a container or other thing at the place;\n- (d) open a container if the authorised person considers it is necessary for exercising a power under this part;\n- (e) take a thing, or a sample of or from a thing, at the place for analysis or testing;\n- (f) take extracts from, or make copies of, a document at the place;\n- (g) take into the place the equipment, persons or materials the authorised person reasonably requires for exercising a power under this part;\n- (h) require the occupier of the place, or a person at the place, to give the authorised person— (i) reasonable help to exercise the authorised person’s powers under paragraphs (a) to (g) ; or (ii) information to help the authorised person ascertain whether the Act is being complied with.\n- (i) reasonable help to exercise the authorised person’s powers under paragraphs (a) to (g) ; or\n- (ii) information to help the authorised person ascertain whether the Act is being complied with.\n- (i) reasonable help to exercise the authorised person’s powers under paragraphs (a) to (g) ; or\n- (ii) information to help the authorised person ascertain whether the Act is being complied with.","sortOrder":154},{"sectionNumber":"sec.264","sectionType":"section","heading":"Failure to help authorised person","content":"### sec.264 Failure to help authorised person\n\nA person required to give reasonable help under section 263 (3) (h) (i) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person has a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.264-ssec.1) A person required to give reasonable help under section 263 (3) (h) (i) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.264-ssec.2) A person has a reasonable excuse if complying with the requirement might tend to incriminate the person.","sortOrder":155},{"sectionNumber":"sec.265","sectionType":"section","heading":"Failure to give information","content":"### sec.265 Failure to give information\n\nA person required to give information under section 263 (3) (h) (ii) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person has a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.265-ssec.1) A person required to give information under section 263 (3) (h) (ii) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.265-ssec.2) A person has a reasonable excuse if complying with the requirement might tend to incriminate the person.","sortOrder":156},{"sectionNumber":"ch.7-pt.2-div.4","sectionType":"division","heading":"Seizure","content":"## Seizure","sortOrder":157},{"sectionNumber":"sec.266","sectionType":"section","heading":"Power to seize evidence—entry without consent or warrant","content":"### sec.266 Power to seize evidence—entry without consent or warrant\n\nAn authorised person who enters a place under this part without consent and without a warrant may seize a thing at the place only if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to commit, continue or repeat an offence.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to commit, continue or repeat an offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to commit, continue or repeat an offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to commit, continue or repeat an offence.","sortOrder":158},{"sectionNumber":"sec.267","sectionType":"section","heading":"Power to seize evidence—entry with consent or warrant","content":"### sec.267 Power to seize evidence—entry with consent or warrant\n\nThis section applies if an authorised person enters a place under this part with the necessary consent of a person or with a warrant.\nIf the authorised person enters a place with the necessary consent, the authorised person may seize a thing at the place if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the person when asking for the person’s consent.\nIf the authorised person enters a place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person may seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to commit, continue or repeat an offence.\nAlso, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.267-ssec.1) This section applies if an authorised person enters a place under this part with the necessary consent of a person or with a warrant.\n(sec.267-ssec.2) If the authorised person enters a place with the necessary consent, the authorised person may seize a thing at the place if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the person when asking for the person’s consent.\n(sec.267-ssec.3) If the authorised person enters a place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.267-ssec.4) The authorised person may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to commit, continue or repeat an offence.\n(sec.267-ssec.5) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the person when asking for the person’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to commit, continue or repeat an offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to commit, continue or repeat an offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to commit, continue or repeat an offence.","sortOrder":159},{"sectionNumber":"sec.268","sectionType":"section","heading":"Securing seized things","content":"### sec.268 Securing seized things\n\nHaving seized a thing, an authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing in a container and marking the container to show access to the thing is restricted\nsealing the entrance to a room where a thing is situated and marking the entrance to show access to the thing is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing in a container and marking the container to show access to the thing is restricted 2 sealing the entrance to a room where a thing is situated and marking the entrance to show access to the thing is restricted\n- 1 sealing a thing in a container and marking the container to show access to the thing is restricted\n- 2 sealing the entrance to a room where a thing is situated and marking the entrance to show access to the thing is restricted\n- 1 sealing a thing in a container and marking the container to show access to the thing is restricted\n- 2 sealing the entrance to a room where a thing is situated and marking the entrance to show access to the thing is restricted","sortOrder":160},{"sectionNumber":"sec.269","sectionType":"section","heading":"Offence to tamper with seized things","content":"### sec.269 Offence to tamper with seized things\n\nIf an authorised person restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised person’s approval.\nMaximum penalty—100 penalty units.","sortOrder":161},{"sectionNumber":"sec.270","sectionType":"section","heading":"Powers to support seizure","content":"### sec.270 Powers to support seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable period.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\nA further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —100 penalty units.\n(sec.270-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable period.\n(sec.270-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.270-ssec.3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\n(sec.270-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (4) —100 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable period.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":162},{"sectionNumber":"sec.271","sectionType":"section","heading":"Receipts for seized things","content":"### sec.271 Receipts for seized things\n\nAs soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\ns 271 amd 2014 No. 7 s 566\n(sec.271-ssec.1) As soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.271-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.271-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.271-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":163},{"sectionNumber":"sec.272","sectionType":"section","heading":"Return of seized things","content":"### sec.272 Return of seized things\n\nIf a seized thing is not forfeited, the authorised person must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing is forfeited, the authorised person must immediately return a thing seized to its owner if the authorised person stops being satisfied—\nits continued retention as evidence is necessary; or\nits continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\ns 272 amd 2014 No. 7 s 567\n(sec.272-ssec.1) If a seized thing is not forfeited, the authorised person must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.272-ssec.2) Despite subsection (1) , unless the thing is forfeited, the authorised person must immediately return a thing seized to its owner if the authorised person stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is necessary; or\n- (b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.","sortOrder":164},{"sectionNumber":"sec.273","sectionType":"section","heading":"Access to seized things","content":"### sec.273 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\ns 273 amd 2014 No. 7 s 568\n(sec.273-ssec.1) Until a seized thing is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.273-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":165},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 amd 2004 No. 33 s 20\nom 2014 No. 7 s 569","sortOrder":166},{"sectionNumber":"ch.7-pt.2-div.5","sectionType":"division","heading":"Forfeiture","content":"## Forfeiture","sortOrder":167},{"sectionNumber":"sec.275","sectionType":"section","heading":"Forfeiture by authorised person","content":"### sec.275 Forfeiture by authorised person\n\nA thing that has been seized under division 4 is forfeited to the State if the authorised person who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nFor subsection (1) , the authorised person is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find the owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to its owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.275-ssec.1) A thing that has been seized under division 4 is forfeited to the State if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.275-ssec.2) For subsection (1) , the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find the owner; or make efforts if it would be unreasonable to make efforts to return the thing to its owner. The owner of the thing has migrated to another country.\n(sec.275-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) make inquiries if it would be unreasonable to make inquiries to find the owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":168},{"sectionNumber":"sec.276","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.276 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, the court may order the forfeiture to the State of anything owned by the person and seized under division 4 .\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.276-ssec.1) On conviction of a person for an offence against this Act, the court may order the forfeiture to the State of anything owned by the person and seized under division 4 .\n(sec.276-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.276-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":169},{"sectionNumber":"sec.277","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.277 Dealing with forfeited things\n\nOn forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy or dispose of the thing.\n(sec.277-ssec.1) On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.277-ssec.2) Without limiting subsection (1) , the chief executive may destroy or dispose of the thing.","sortOrder":170},{"sectionNumber":"ch.7-pt.2-div.6","sectionType":"division","heading":"Other powers","content":"## Other powers","sortOrder":171},{"sectionNumber":"sec.278","sectionType":"section","heading":"Power to require name and address","content":"### sec.278 Power to require name and address\n\nThis section applies if—\nan authorised person finds a person committing an offence against this Act; or\nan authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person has just committed an offence against this Act.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\nThe authorised person may require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address is false.\n(sec.278-ssec.1) This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person has just committed an offence against this Act.\n(sec.278-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.278-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\n(sec.278-ssec.4) The authorised person may require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address is false.\n- (a) an authorised person finds a person committing an offence against this Act; or\n- (b) an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the person has just committed an offence against this Act.","sortOrder":172},{"sectionNumber":"sec.279","sectionType":"section","heading":"Failure to give name or address","content":"### sec.279 Failure to give name or address\n\nA person of whom a requirement is made under section 278 (2) or (4) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.279-ssec.1) A person of whom a requirement is made under section 278 (2) or (4) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.279-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":173},{"sectionNumber":"sec.280","sectionType":"section","heading":"Power to require information","content":"### sec.280 Power to require information\n\nThis section applies if an authorised person reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised person may, by notice given to the person, require the person to give information about the offence to the authorised person at a stated reasonable place and at a stated reasonable time.\n(sec.280-ssec.1) This section applies if an authorised person reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.280-ssec.2) The authorised person may, by notice given to the person, require the person to give information about the offence to the authorised person at a stated reasonable place and at a stated reasonable time.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":174},{"sectionNumber":"sec.281","sectionType":"section","heading":"Failure to give information","content":"### sec.281 Failure to give information\n\nA person of whom a requirement is made under section 280 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse for a person not to give the information if giving the information might tend to incriminate the person.\n(sec.281-ssec.1) A person of whom a requirement is made under section 280 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.281-ssec.2) It is a reasonable excuse for a person not to give the information if giving the information might tend to incriminate the person.","sortOrder":175},{"sectionNumber":"sec.282","sectionType":"section","heading":"Power to require production of documents","content":"### sec.282 Power to require production of documents\n\nAn authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act.\nThe authorised person may keep the document to copy it.\nThe authorised person must return the document to the person as soon as practicable after copying it.\n(sec.282-ssec.1) An authorised person may require a person to make available for inspection by an authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person— a document issued to the person under this Act; or a document required to be kept by the person under this Act.\n(sec.282-ssec.2) The authorised person may keep the document to copy it.\n(sec.282-ssec.3) The authorised person must return the document to the person as soon as practicable after copying it.\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act.","sortOrder":176},{"sectionNumber":"sec.283","sectionType":"section","heading":"Failure to produce document","content":"### sec.283 Failure to produce document\n\nA person required to make available, or produce, for inspection a document under section 282 (1) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person has a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.283-ssec.1) A person required to make available, or produce, for inspection a document under section 282 (1) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.283-ssec.2) A person has a reasonable excuse if complying with the requirement might tend to incriminate the person.","sortOrder":177},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Notice of damage","content":"# Notice of damage","sortOrder":178},{"sectionNumber":"sec.284","sectionType":"section","heading":"Application of pt 4","content":"### sec.284 Application of pt 4\n\nThis part applies if—\nan authorised person damages something when exercising, or purporting to exercise a power, under part 3 ; or\na person acting under the direction or authority of an authorised person damages something.\nHowever, this part does not apply to damage the authorised person reasonably believes is trivial.\n(sec.284-ssec.1) This part applies if— an authorised person damages something when exercising, or purporting to exercise a power, under part 3 ; or a person acting under the direction or authority of an authorised person damages something.\n(sec.284-ssec.2) However, this part does not apply to damage the authorised person reasonably believes is trivial.\n- (a) an authorised person damages something when exercising, or purporting to exercise a power, under part 3 ; or\n- (b) a person acting under the direction or authority of an authorised person damages something.","sortOrder":179},{"sectionNumber":"sec.285","sectionType":"section","heading":"Requirement to give notice of damage","content":"### sec.285 Requirement to give notice of damage\n\nThe authorised person must promptly give written notice of the damage to the person who appears to the authorised person to be the owner or person in possession of the thing.\nIf for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThe notice must state—\nthe particulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 302 .\nIf the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person, or person acting under the direction or authority of the authorised person, the authorised person may state the belief in the notice.\n(sec.285-ssec.1) The authorised person must promptly give written notice of the damage to the person who appears to the authorised person to be the owner or person in possession of the thing.\n(sec.285-ssec.2) If for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.285-ssec.3) The notice must state— the particulars of the damage; and that the person who suffered the damage may claim compensation under section 302 .\n(sec.285-ssec.4) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person, or person acting under the direction or authority of the authorised person, the authorised person may state the belief in the notice.\n- (a) the particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 302 .","sortOrder":180},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":181},{"sectionNumber":"sec.286","sectionType":"section","heading":"False or misleading statements","content":"### sec.286 False or misleading statements\n\nA person must not state anything to an authorised person that the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.286-ssec.1) A person must not state anything to an authorised person that the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.286-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":182},{"sectionNumber":"sec.287","sectionType":"section","heading":"False or misleading documents","content":"### sec.287 False or misleading documents\n\nA person must not give an authorised person a document containing information the person knows to be false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.287-ssec.1) A person must not give an authorised person a document containing information the person knows to be false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.287-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":183},{"sectionNumber":"sec.288","sectionType":"section","heading":"Obstructing authorised person","content":"### sec.288 Obstructing authorised person\n\nA person must not obstruct an authorised person, or someone helping an authorised person, exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault and threaten to obstruct.\n(sec.288-ssec.1) A person must not obstruct an authorised person, or someone helping an authorised person, exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.288-ssec.2) If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.288-ssec.3) In this section— obstruct includes assault and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":184},{"sectionNumber":"sec.289","sectionType":"section","heading":"Impersonation of authorised person","content":"### sec.289 Impersonation of authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.","sortOrder":185},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":186},{"sectionNumber":"sec.290","sectionType":"section","heading":"Application of pt 1","content":"### sec.290 Application of pt 1\n\nThis part applies to a proceeding under this Act.","sortOrder":187},{"sectionNumber":"sec.291","sectionType":"section","heading":"Appointments","content":"### sec.291 Appointments\n\nIt is not necessary to prove the following—\nthe chief executive’s appointment;\nthe appointment of the chief executive officer of a local government;\nan authorised person’s appointment.\ns 291 amd 2014 No. 7 s 570\n- (a) the chief executive’s appointment;\n- (b) the appointment of the chief executive officer of a local government;\n- (c) an authorised person’s appointment.","sortOrder":188},{"sectionNumber":"sec.292","sectionType":"section","heading":"Signatures","content":"### sec.292 Signatures\n\nA signature purporting to be the signature of a person mentioned in section 291 is evidence of the signature it purports to be.","sortOrder":189},{"sectionNumber":"sec.293","sectionType":"section","heading":"Evidentiary aids","content":"### sec.293 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive, or the chief executive of a local government, stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\na permit;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not the holder of a permit;\non a stated day, or during a stated period, a permit—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day a permit was suspended for a stated period, surrendered or cancelled;\non a stated day, or during a stated period, a stated appointment, including a person’s appointment as an authorised person, or a stated approval was, or was not, in force for a stated person or thing;\non a stated day—\na stated person was given a stated notice or direction under this Act; or\na stated requirement under this Act was made of a stated person;\na stated amount is payable under this Act by a stated person.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a permit;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a permit;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not the holder of a permit;\n- (e) on a stated day, or during a stated period, a permit— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day a permit was suspended for a stated period, surrendered or cancelled;\n- (g) on a stated day, or during a stated period, a stated appointment, including a person’s appointment as an authorised person, or a stated approval was, or was not, in force for a stated person or thing;\n- (h) on a stated day— (i) a stated person was given a stated notice or direction under this Act; or (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated person was given a stated notice or direction under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated amount is payable under this Act by a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a permit;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (i) a stated person was given a stated notice or direction under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;","sortOrder":190},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":191},{"sectionNumber":"sec.294","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.294 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start within—\n1 year after the commission of the offence; or\n1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.294-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.294-ssec.2) The proceeding must start within— 1 year after the commission of the offence; or 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence; or\n- (b) 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":192},{"sectionNumber":"sec.295","sectionType":"section","heading":null,"content":"### Section sec.295\n\ns 295 om 2014 No. 7 s 571","sortOrder":193},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":194},{"sectionNumber":"sec.310","sectionType":"section","heading":"Act repealed","content":"### sec.310 Act repealed\n\nThe Rural Lands Protection Act 1985 is repealed.","sortOrder":195},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Savings and transitional provisions for Act No. 12 of 2002","content":"# Savings and transitional provisions for Act No. 12 of 2002","sortOrder":196},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":197},{"sectionNumber":"sec.311","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.311 Definitions for pt 2\n\nIn this part—\ncommencement means the day section 310 commences.\nformer Act means the Rural Lands Protection Act 1985 .\nformer authority means the Darling Downs–Moreton Rabbit Board established under the former Act.\nformer protection board means the Rural Lands Protection Board established under the former Act.\nrabbit board means the pest operational board established under section 313.","sortOrder":198},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":"Savings and transitional provisions","content":"## Savings and transitional provisions","sortOrder":199},{"sectionNumber":"sec.312","sectionType":"section","heading":"Dissolution of former protection board","content":"### sec.312 Dissolution of former protection board\n\nOn the commencement—\nthe former protection board is dissolved; and\nthe members of the board go out of office.\nNo compensation is payable to a member because of subsection (1).\n(sec.312-ssec.1) On the commencement— the former protection board is dissolved; and the members of the board go out of office.\n(sec.312-ssec.2) No compensation is payable to a member because of subsection (1).\n- (a) the former protection board is dissolved; and\n- (b) the members of the board go out of office.","sortOrder":200},{"sectionNumber":"sec.313","sectionType":"section","heading":"Continuing Darling Downs–Moreton Rabbit Board","content":"### sec.313 Continuing Darling Downs–Moreton Rabbit Board\n\nOn or before the commencement, the Governor in Council must, by regulation, establish a pest operational board to carry out pest management activities for rabbits in the rabbit district under the former Act.\nThe pest operational board—\nmust have the same name as the former authority; and\nis the successor in law of the former authority that ceased to exist on the repeal of the former Act.\nThe regulation takes effect on the commencement.\n(sec.313-ssec.1) On or before the commencement, the Governor in Council must, by regulation, establish a pest operational board to carry out pest management activities for rabbits in the rabbit district under the former Act.\n(sec.313-ssec.2) The pest operational board— must have the same name as the former authority; and is the successor in law of the former authority that ceased to exist on the repeal of the former Act.\n(sec.313-ssec.3) The regulation takes effect on the commencement.\n- (a) must have the same name as the former authority; and\n- (b) is the successor in law of the former authority that ceased to exist on the repeal of the former Act.","sortOrder":201},{"sectionNumber":"sec.314","sectionType":"section","heading":"Members of board of former authority","content":"### sec.314 Members of board of former authority\n\nThis section applies to a person who, immediately before the commencement, was a member of the board of the former authority.\nOn the commencement, the person—\nis taken to be appointed, under section 222, as a director of the rabbit board; and\nholds office on the conditions not provided for by this Act that are decided by the Minister.\nThe term of the appointment ends when the first of the following happens—\nthe term of the member’s appointment under the former Act ends;\nthe office becomes vacant under section 227.\n(sec.314-ssec.1) This section applies to a person who, immediately before the commencement, was a member of the board of the former authority.\n(sec.314-ssec.2) On the commencement, the person— is taken to be appointed, under section 222, as a director of the rabbit board; and holds office on the conditions not provided for by this Act that are decided by the Minister.\n(sec.314-ssec.3) The term of the appointment ends when the first of the following happens— the term of the member’s appointment under the former Act ends; the office becomes vacant under section 227.\n- (a) is taken to be appointed, under section 222, as a director of the rabbit board; and\n- (b) holds office on the conditions not provided for by this Act that are decided by the Minister.\n- (a) the term of the member’s appointment under the former Act ends;\n- (b) the office becomes vacant under section 227.","sortOrder":202},{"sectionNumber":"sec.315","sectionType":"section","heading":"Employees of former authority","content":"### sec.315 Employees of former authority\n\nThis section applies to a person who, immediately before the commencement, was an employee of the former authority.\nOn the commencement, the person becomes an employee of the rabbit board.\nThe person—\nmust be employed on the person’s existing or equivalent terms and conditions of employment; and\nremains entitled to all existing and accruing rights of employment.\n(sec.315-ssec.1) This section applies to a person who, immediately before the commencement, was an employee of the former authority.\n(sec.315-ssec.2) On the commencement, the person becomes an employee of the rabbit board.\n(sec.315-ssec.3) The person— must be employed on the person’s existing or equivalent terms and conditions of employment; and remains entitled to all existing and accruing rights of employment.\n- (a) must be employed on the person’s existing or equivalent terms and conditions of employment; and\n- (b) remains entitled to all existing and accruing rights of employment.","sortOrder":203},{"sectionNumber":"sec.316","sectionType":"section","heading":"Vesting of former authority’s assets, rights and liabilities","content":"### sec.316 Vesting of former authority’s assets, rights and liabilities\n\nOn the commencement, the assets, rights and liabilities of the former authority vest in the rabbit board.\nIf, under another Act, a person is responsible for keeping a register about dealings with an asset mentioned in subsection (1), the rabbit board must do all acts and things necessary to record the vesting in the register.\n(sec.316-ssec.1) On the commencement, the assets, rights and liabilities of the former authority vest in the rabbit board.\n(sec.316-ssec.2) If, under another Act, a person is responsible for keeping a register about dealings with an asset mentioned in subsection (1), the rabbit board must do all acts and things necessary to record the vesting in the register.","sortOrder":204},{"sectionNumber":"sec.317","sectionType":"section","heading":"Vesting of former authority’s pending legal proceedings","content":"### sec.317 Vesting of former authority’s pending legal proceedings\n\nThis section applies to a legal proceeding that—\nwas taken by or against a following entity before the commencement—\nthe former authority;\na member of the board of the former authority in the person’s capacity as a member of the former authority; and\nhas not been finished before the commencement.\nFrom the commencement, the proceeding may be continued and finished by or against the rabbit board.\n(sec.317-ssec.1) This section applies to a legal proceeding that— was taken by or against a following entity before the commencement— the former authority; a member of the board of the former authority in the person’s capacity as a member of the former authority; and has not been finished before the commencement.\n(sec.317-ssec.2) From the commencement, the proceeding may be continued and finished by or against the rabbit board.\n- (a) was taken by or against a following entity before the commencement— (i) the former authority; (ii) a member of the board of the former authority in the person’s capacity as a member of the former authority; and\n- (i) the former authority;\n- (ii) a member of the board of the former authority in the person’s capacity as a member of the former authority; and\n- (b) has not been finished before the commencement.\n- (i) the former authority;\n- (ii) a member of the board of the former authority in the person’s capacity as a member of the former authority; and","sortOrder":205},{"sectionNumber":"sec.318","sectionType":"section","heading":"Existing permission about animals or plants","content":"### sec.318 Existing permission about animals or plants\n\nThis section applies to a permission—\ngiven by the Minister under the former Act allowing a person—\nto bring an animal or plant into the State; or\nto keep or sell an animal or plant; and\nin force immediately before the commencement.\nFrom the commencement, the permission continues in force, subject to this Act, as if it were a declared pest permit issued under this Act for a following purpose—\nfor a permission to bring an animal or plant into the State and keep it for educational purposes—public education;\nfor a permission to bring an animal or plant into the State and keep it for entertainment purposes—circus;\nfor a permission to bring an animal or plant into the State and keep it for exhibition purposes—wildlife park or zoo;\nfor a permission to bring an animal or plant into the State and keep it for scientific purposes—scientific research;\nfor another permission—commercial.\n(sec.318-ssec.1) This section applies to a permission— given by the Minister under the former Act allowing a person— to bring an animal or plant into the State; or to keep or sell an animal or plant; and in force immediately before the commencement.\n(sec.318-ssec.2) From the commencement, the permission continues in force, subject to this Act, as if it were a declared pest permit issued under this Act for a following purpose— for a permission to bring an animal or plant into the State and keep it for educational purposes—public education; for a permission to bring an animal or plant into the State and keep it for entertainment purposes—circus; for a permission to bring an animal or plant into the State and keep it for exhibition purposes—wildlife park or zoo; for a permission to bring an animal or plant into the State and keep it for scientific purposes—scientific research; for another permission—commercial.\n- (a) given by the Minister under the former Act allowing a person— (i) to bring an animal or plant into the State; or (ii) to keep or sell an animal or plant; and\n- (i) to bring an animal or plant into the State; or\n- (ii) to keep or sell an animal or plant; and\n- (b) in force immediately before the commencement.\n- (i) to bring an animal or plant into the State; or\n- (ii) to keep or sell an animal or plant; and\n- (a) for a permission to bring an animal or plant into the State and keep it for educational purposes—public education;\n- (b) for a permission to bring an animal or plant into the State and keep it for entertainment purposes—circus;\n- (c) for a permission to bring an animal or plant into the State and keep it for exhibition purposes—wildlife park or zoo;\n- (d) for a permission to bring an animal or plant into the State and keep it for scientific purposes—scientific research;\n- (e) for another permission—commercial.","sortOrder":206},{"sectionNumber":"sec.319","sectionType":"section","heading":"Existing permission about travelling or depasturing stock","content":"### sec.319 Existing permission about travelling or depasturing stock\n\nThis section applies to a permission given under the former Act, and in force immediately before the commencement, allowing a person to travel or depasture stock.\nFrom the commencement, the permission continues in force, subject to this Act, as if it were a stock route travel permit or stock route agistment permit.\n(sec.319-ssec.1) This section applies to a permission given under the former Act, and in force immediately before the commencement, allowing a person to travel or depasture stock.\n(sec.319-ssec.2) From the commencement, the permission continues in force, subject to this Act, as if it were a stock route travel permit or stock route agistment permit.","sortOrder":207},{"sectionNumber":"sec.320","sectionType":"section","heading":"Application for permission to travel or depasture stock","content":"### sec.320 Application for permission to travel or depasture stock\n\nThis section applies to an application, under the former Act, for a permission to travel or depasture stock that is not finally decided before the commencement.\nThe application may be decided as if it were an application for a stock route travel permit or stock route agistment permit.\n(sec.320-ssec.1) This section applies to an application, under the former Act, for a permission to travel or depasture stock that is not finally decided before the commencement.\n(sec.320-ssec.2) The application may be decided as if it were an application for a stock route travel permit or stock route agistment permit.","sortOrder":208},{"sectionNumber":"sec.321","sectionType":"section","heading":"Application for permission about animals or plants","content":"### sec.321 Application for permission about animals or plants\n\nThis section applies to an application, under the former Act, for a permission to bring an animal or plant into the State, or to keep or sell an animal or plant, that is not finally decided before the commencement.\nThe application may be decided as if it were an application for a declared pest permit for 1 of the following purposes—\nfor an application to bring an animal or plant into the State and keep it for educational purposes—public education;\nfor an application to bring an animal or plant into the State and keep it for entertainment purposes—circus;\nfor an application to bring an animal or plant into the State and keep it for exhibition purposes—wildlife park or zoo;\nfor an application to bring an animal or plant into the State and keep it for scientific purposes—scientific research;\nfor another application—commercial.\n(sec.321-ssec.1) This section applies to an application, under the former Act, for a permission to bring an animal or plant into the State, or to keep or sell an animal or plant, that is not finally decided before the commencement.\n(sec.321-ssec.2) The application may be decided as if it were an application for a declared pest permit for 1 of the following purposes— for an application to bring an animal or plant into the State and keep it for educational purposes—public education; for an application to bring an animal or plant into the State and keep it for entertainment purposes—circus; for an application to bring an animal or plant into the State and keep it for exhibition purposes—wildlife park or zoo; for an application to bring an animal or plant into the State and keep it for scientific purposes—scientific research; for another application—commercial.\n- (a) for an application to bring an animal or plant into the State and keep it for educational purposes—public education;\n- (b) for an application to bring an animal or plant into the State and keep it for entertainment purposes—circus;\n- (c) for an application to bring an animal or plant into the State and keep it for exhibition purposes—wildlife park or zoo;\n- (d) for an application to bring an animal or plant into the State and keep it for scientific purposes—scientific research;\n- (e) for another application—commercial.","sortOrder":209},{"sectionNumber":"sec.322","sectionType":"section","heading":"Barrier fences under former Act","content":"### sec.322 Barrier fences under former Act\n\nThis section applies to a fence established and maintained under the former Act, section 179(1), to restrict the movement of dingoes or rabbits.\nFrom the commencement, the fence is taken to be—\nfor a fence restricting the movement of dingoes—a declared pest fence for dingoes; and\nfor a fence restricting the movement of rabbits—a declared pest fence for rabbits.\n(sec.322-ssec.1) This section applies to a fence established and maintained under the former Act, section 179(1), to restrict the movement of dingoes or rabbits.\n(sec.322-ssec.2) From the commencement, the fence is taken to be— for a fence restricting the movement of dingoes—a declared pest fence for dingoes; and for a fence restricting the movement of rabbits—a declared pest fence for rabbits.\n- (a) for a fence restricting the movement of dingoes—a declared pest fence for dingoes; and\n- (b) for a fence restricting the movement of rabbits—a declared pest fence for rabbits.","sortOrder":210},{"sectionNumber":"sec.323","sectionType":"section","heading":"Existing notice to control declared animals or plants","content":"### sec.323 Existing notice to control declared animals or plants\n\nThis section applies to a notice given to a person under the former Act, section 81, and in force immediately before the commencement.\nThe notice continues in force and any contravention of it may be prosecuted under the former Act, section 82.\n(sec.323-ssec.1) This section applies to a notice given to a person under the former Act, section 81, and in force immediately before the commencement.\n(sec.323-ssec.2) The notice continues in force and any contravention of it may be prosecuted under the former Act, section 82.","sortOrder":211},{"sectionNumber":"sec.324","sectionType":"section","heading":"Existing endorsement on register kept under the Land Act or Land Title Act","content":"### sec.324 Existing endorsement on register kept under the Land Act or Land Title Act\n\nThis section applies to an endorsement made—\nin a register kept under the Land Act or Land Title Act; and\nunder the former Act, section 113(1), 176(1), 185(1) or 204(1).\nThe chief executive for lands who made the endorsement must remove the endorsement from the register.\n(sec.324-ssec.1) This section applies to an endorsement made— in a register kept under the Land Act or Land Title Act; and under the former Act, section 113(1), 176(1), 185(1) or 204(1).\n(sec.324-ssec.2) The chief executive for lands who made the endorsement must remove the endorsement from the register.\n- (a) in a register kept under the Land Act or Land Title Act; and\n- (b) under the former Act, section 113(1), 176(1), 185(1) or 204(1).","sortOrder":212},{"sectionNumber":"sec.325","sectionType":"section","heading":"Existing agreement about water facilities","content":"### sec.325 Existing agreement about water facilities\n\nThis section applies to an agreement between a local government and an owner of land about a matter mentioned in section 163(1) if the agreement was—\nentered into under another Act; and\nin force immediately before the commencement.\nFrom the commencement, the agreement is taken to be a water facility agreement entered into under this Act.\nSubject to subsection (4), the agreement’s conditions continue to apply.\nUnless the agreement is sooner terminated, it expires 4 years after the commencement or, if the agreement provides for an earlier expiration day, on the earlier expiration day.\nThe chief executive for lands who made, under the former Act, section 60, an endorsement about the agreement on a register kept under the Land Act or Land Title Act must—\nremove the endorsement; and\nmake a record of the application of this section for the effective and efficient operation of the register.\ns 325 amd 2005 No. 19 s 181\n(sec.325-ssec.1) This section applies to an agreement between a local government and an owner of land about a matter mentioned in section 163(1) if the agreement was— entered into under another Act; and in force immediately before the commencement.\n(sec.325-ssec.2) From the commencement, the agreement is taken to be a water facility agreement entered into under this Act.\n(sec.325-ssec.3) Subject to subsection (4), the agreement’s conditions continue to apply.\n(sec.325-ssec.4) Unless the agreement is sooner terminated, it expires 4 years after the commencement or, if the agreement provides for an earlier expiration day, on the earlier expiration day.\n(sec.325-ssec.5) The chief executive for lands who made, under the former Act, section 60, an endorsement about the agreement on a register kept under the Land Act or Land Title Act must— remove the endorsement; and make a record of the application of this section for the effective and efficient operation of the register.\n- (a) entered into under another Act; and\n- (b) in force immediately before the commencement.\n- (a) remove the endorsement; and\n- (b) make a record of the application of this section for the effective and efficient operation of the register.","sortOrder":213},{"sectionNumber":"sec.326","sectionType":"section","heading":"References to former Act","content":"### sec.326 References to former Act\n\nIn an Act or document, a reference to the former Act may, if the context permits, be taken to be a reference to this Act.","sortOrder":214},{"sectionNumber":"sec.327","sectionType":"section","heading":"References to former protection board and former authority","content":"### sec.327 References to former protection board and former authority\n\nIn an Act or document, if the context permits—\na reference to the former protection board may be taken to be a reference to the land protection council; and\na reference to the former authority may be taken to be a reference to the rabbit board.\n- (a) a reference to the former protection board may be taken to be a reference to the land protection council; and\n- (b) a reference to the former authority may be taken to be a reference to the rabbit board.","sortOrder":215},{"sectionNumber":"sec.328","sectionType":"section","heading":"References to former fund","content":"### sec.328 References to former fund\n\nIn an Act or document, a reference to the former fund may, if the context permits, be taken to be a reference to the Land Protection Fund.\nIn subsection (1)—\nformer fund means the Rural Lands Protection Fund established under the former Act.\n(sec.328-ssec.1) In an Act or document, a reference to the former fund may, if the context permits, be taken to be a reference to the Land Protection Fund.\n(sec.328-ssec.2) In subsection (1)— former fund means the Rural Lands Protection Fund established under the former Act.","sortOrder":216},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Savings and transitional provisions for repeal of Act No. 30 of 1987","content":"# Savings and transitional provisions for repeal of Act No. 30 of 1987","sortOrder":217},{"sectionNumber":"ch.11-pt.3-div.1","sectionType":"division","heading":"Saving provision","content":"## Saving provision","sortOrder":218},{"sectionNumber":"sec.329","sectionType":"section","heading":"Saving of operation of particular provisions","content":"### sec.329 Saving of operation of particular provisions\n\nEach of the following provisions is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies—\nthe Timber Utilisation and Marketing Act 1987 , section 43;\ndivision 2.\ns 329 ins 2010 No. 31 s 585 sch 2 pt 4\n- (a) the Timber Utilisation and Marketing Act 1987 , section 43;\n- (b) division 2.","sortOrder":219},{"sectionNumber":"ch.11-pt.3-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":220},{"sectionNumber":"sec.330","sectionType":"section","heading":"Definitions for div 2","content":"### sec.330 Definitions for div 2\n\nIn this division—\nassociated brand , for an existing authorisation, means a brand registered under section 22(1)(a)(ii) of the repealed Act for use by a person to brand timber that is chemically treated under the authorisation.\nexisting approval means an approval of a preservative treatment for timber under section 15 of the repealed Act, whether the approval was given on the TUMA chief executive’s own volition or because of an application under section 16 of that Act.\nexisting authorisation means an authorisation under section 22(1)(a)(i) of the repealed Act to chemically treat timber using a preservative treatment for which there is an existing approval.\npreservative treatment means a preservative treatment under section 6 of the repealed Act.\nrepealed Act means the repealed Timber Utilisation and Marketing Act 1987 .\nThe repealed Act was repealed under the Geothermal Energy Act 2010 , section 387.\nTUMA chief executive means the chief executive of the department in which the repealed Act was administered.\ns 330 ins 2010 No. 31 s 585 sch 2 pt 4\nAIA s 20A applies (see s 329(b))","sortOrder":221},{"sectionNumber":"sec.331","sectionType":"section","heading":"Application of div 2","content":"### sec.331 Application of div 2\n\nThis division applies if—\nan existing approval for a preservative treatment was in force immediately before the repeal of the repealed Act; and\nan existing authorisation had been granted to a person to use the preservative treatment; and\nthe existing authorisation and registration of the associated brand were in force immediately before the repeal of the repealed Act; and\nthe person to whom the existing authorisation was granted is not—\na registered operator under the Environmental Protection Act 1994 for carrying out chemical treatment of timber to which the authorisation relates; or\nacting under a registration certificate under that Act for carrying out the treatment.\ns 331 ins 2010 No. 31 s 585 sch 2 pt 4\nAIA s 20A applies (see s 329(b))\n- (a) an existing approval for a preservative treatment was in force immediately before the repeal of the repealed Act; and\n- (b) an existing authorisation had been granted to a person to use the preservative treatment; and\n- (c) the existing authorisation and registration of the associated brand were in force immediately before the repeal of the repealed Act; and\n- (d) the person to whom the existing authorisation was granted is not— (i) a registered operator under the Environmental Protection Act 1994 for carrying out chemical treatment of timber to which the authorisation relates; or (ii) acting under a registration certificate under that Act for carrying out the treatment.\n- (i) a registered operator under the Environmental Protection Act 1994 for carrying out chemical treatment of timber to which the authorisation relates; or\n- (ii) acting under a registration certificate under that Act for carrying out the treatment.\n- (i) a registered operator under the Environmental Protection Act 1994 for carrying out chemical treatment of timber to which the authorisation relates; or\n- (ii) acting under a registration certificate under that Act for carrying out the treatment.","sortOrder":222},{"sectionNumber":"sec.332","sectionType":"section","heading":"Existing approval continues","content":"### sec.332 Existing approval continues\n\nThe existing approval continues in force until 31 July 2011 unless it is sooner cancelled.\nFor this section, sections 17(1) and 18(a) and (b) of the repealed Act continue to apply as if the repealed Act had not been repealed.\ns 332 ins 2010 No. 31 s 585 sch 2 pt 4\nAIA s 20A applies (see s 329(b))\n(sec.332-ssec.1) The existing approval continues in force until 31 July 2011 unless it is sooner cancelled.\n(sec.332-ssec.2) For this section, sections 17(1) and 18(a) and (b) of the repealed Act continue to apply as if the repealed Act had not been repealed.","sortOrder":223},{"sectionNumber":"sec.333","sectionType":"section","heading":"Existing authorisation and registration continue","content":"### sec.333 Existing authorisation and registration continue\n\nThe existing authorisation and registration of the associated brand continue in force until 31 July 2011 unless—\nthe authorisation and registration are sooner cancelled; or\nthe existing approval for the preservative treatment to which the authorisation relates is sooner cancelled.\nHowever, if registration of an associated brand is suspended under section 24 of the repealed Act as applied under subsection (3)(a)(i), the registration is suspended during the period of the suspension under the applied section.\nFor this section, the following provisions continue to apply as if the repealed Act had not been repealed—\nthe following provisions of the repealed Act—\nsection 24, other than subsection (1)(b);\nsection 28(a) and (d), to the extent it relates to a brand registered under section 22 (1) (a) of that Act;\nsection 29, other than subsection (1)(e) and (f);\nsections 30 and 32;\nsection 36(2), (5), (6), (6A), (7), (8), (9) and (12);\nsections 38, 39, 40, 41, 44(1), 49 and 53(1) and (3);\nsection 6, to the extent it contains definitions relevant to the provisions mentioned in subparagraphs (i) to (vi);\nthe repealed Timber Utilisation and Marketing Regulation 1998 , section 10 and schedule 4.\ns 333 ins 2010 No. 31 s 585 sch 2 pt 4\nAIA s 20A applies (see s 329(b))\n(sec.333-ssec.1) The existing authorisation and registration of the associated brand continue in force until 31 July 2011 unless— the authorisation and registration are sooner cancelled; or the existing approval for the preservative treatment to which the authorisation relates is sooner cancelled.\n(sec.333-ssec.2) However, if registration of an associated brand is suspended under section 24 of the repealed Act as applied under subsection (3)(a)(i), the registration is suspended during the period of the suspension under the applied section.\n(sec.333-ssec.3) For this section, the following provisions continue to apply as if the repealed Act had not been repealed— the following provisions of the repealed Act— section 24, other than subsection (1)(b); section 28(a) and (d), to the extent it relates to a brand registered under section 22 (1) (a) of that Act; section 29, other than subsection (1)(e) and (f); sections 30 and 32; section 36(2), (5), (6), (6A), (7), (8), (9) and (12); sections 38, 39, 40, 41, 44(1), 49 and 53(1) and (3); section 6, to the extent it contains definitions relevant to the provisions mentioned in subparagraphs (i) to (vi); the repealed Timber Utilisation and Marketing Regulation 1998 , section 10 and schedule 4.\n- (a) the authorisation and registration are sooner cancelled; or\n- (b) the existing approval for the preservative treatment to which the authorisation relates is sooner cancelled.\n- (a) the following provisions of the repealed Act— (i) section 24, other than subsection (1)(b); (ii) section 28(a) and (d), to the extent it relates to a brand registered under section 22 (1) (a) of that Act; (iii) section 29, other than subsection (1)(e) and (f); (iv) sections 30 and 32; (v) section 36(2), (5), (6), (6A), (7), (8), (9) and (12); (vi) sections 38, 39, 40, 41, 44(1), 49 and 53(1) and (3); (vii) section 6, to the extent it contains definitions relevant to the provisions mentioned in subparagraphs (i) to (vi);\n- (i) section 24, other than subsection (1)(b);\n- (ii) section 28(a) and (d), to the extent it relates to a brand registered under section 22 (1) (a) of that Act;\n- (iii) section 29, other than subsection (1)(e) and (f);\n- (iv) sections 30 and 32;\n- (v) section 36(2), (5), (6), (6A), (7), (8), (9) and (12);\n- (vi) sections 38, 39, 40, 41, 44(1), 49 and 53(1) and (3);\n- (vii) section 6, to the extent it contains definitions relevant to the provisions mentioned in subparagraphs (i) to (vi);\n- (b) the repealed Timber Utilisation and Marketing Regulation 1998 , section 10 and schedule 4.\n- (i) section 24, other than subsection (1)(b);\n- (ii) section 28(a) and (d), to the extent it relates to a brand registered under section 22 (1) (a) of that Act;\n- (iii) section 29, other than subsection (1)(e) and (f);\n- (iv) sections 30 and 32;\n- (v) section 36(2), (5), (6), (6A), (7), (8), (9) and (12);\n- (vi) sections 38, 39, 40, 41, 44(1), 49 and 53(1) and (3);\n- (vii) section 6, to the extent it contains definitions relevant to the provisions mentioned in subparagraphs (i) to (vi);","sortOrder":224},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Transitional provisions for Land and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Land and Other Legislation Amendment Act 2023","sortOrder":225},{"sectionNumber":"sec.334","sectionType":"section","heading":"Definitions for part","content":"### sec.334 Definitions for part\n\nIn this part—\ncontinued strategy see section 337(1).\nfirst map publication day means the day a stock route map is first published by the chief executive under section 97A(2)(a).\nformer , in relation to a provision of this Act, means the provision as in force immediately before the commencement.\nnew , in relation to a provision of this Act, means the provision as in force on the commencement.\ns 334 ins 2023 No. 2 s 69","sortOrder":226},{"sectionNumber":"sec.335","sectionType":"section","heading":"Existing stock routes declared under regulation","content":"### sec.335 Existing stock routes declared under regulation\n\nThis section applies to a road or route that, immediately before the commencement, was declared under a regulation to be a stock route.\nThe road or route continues as a stock route under this Act until the first map publication day.\ns 335 ins 2023 No. 2 s 69\n(sec.335-ssec.1) This section applies to a road or route that, immediately before the commencement, was declared under a regulation to be a stock route.\n(sec.335-ssec.2) The road or route continues as a stock route under this Act until the first map publication day.","sortOrder":227},{"sectionNumber":"sec.336","sectionType":"section","heading":"Existing permits and applications for permits","content":"### sec.336 Existing permits and applications for permits\n\nThe first publication of a stock route map by the chief executive under section 97A(2)(a) does not affect any of the following—\nthe effect of an existing permit under chapter 3;\na local government deciding an existing permit application under this Act;\nthe effect of a permit, granted in relation to an existing permit application, under chapter 3.\nA permit mentioned in subsection (1)(a) or (c) applies to land for which the permit is granted even if—\nimmediately before the first map publication day, the land or a part of the land is relevant land only because it is a road or route to which section 335 applies; and\non the first map publication day, the land or part is not identified as a stock route on the stock route map.\nIn this section—\nexisting permit application means an application for a stock route agistment permit or stock route travel permit, or the renewal of a stock route agistment permit, made but not decided before the first map publication day.\nexisting permit means a stock route agistment permit or stock route travel permit that is in effect on the first map publication day.\ns 336 ins 2023 No. 2 s 69\n(sec.336-ssec.1) The first publication of a stock route map by the chief executive under section 97A(2)(a) does not affect any of the following— the effect of an existing permit under chapter 3; a local government deciding an existing permit application under this Act; the effect of a permit, granted in relation to an existing permit application, under chapter 3.\n(sec.336-ssec.2) A permit mentioned in subsection (1)(a) or (c) applies to land for which the permit is granted even if— immediately before the first map publication day, the land or a part of the land is relevant land only because it is a road or route to which section 335 applies; and on the first map publication day, the land or part is not identified as a stock route on the stock route map.\n(sec.336-ssec.3) In this section— existing permit application means an application for a stock route agistment permit or stock route travel permit, or the renewal of a stock route agistment permit, made but not decided before the first map publication day. existing permit means a stock route agistment permit or stock route travel permit that is in effect on the first map publication day.\n- (a) the effect of an existing permit under chapter 3;\n- (b) a local government deciding an existing permit application under this Act;\n- (c) the effect of a permit, granted in relation to an existing permit application, under chapter 3.\n- (a) immediately before the first map publication day, the land or a part of the land is relevant land only because it is a road or route to which section 335 applies; and\n- (b) on the first map publication day, the land or part is not identified as a stock route on the stock route map.","sortOrder":228},{"sectionNumber":"sec.337","sectionType":"section","heading":"Continuation of State stock route network management strategy","content":"### sec.337 Continuation of State stock route network management strategy\n\nThe State stock route network management strategy kept by the chief executive under former section 98 (the continued strategy ) continues as the State stock route network management strategy under new section 98.\nThe chief executive is not required to comply with section 100A in relation to the continued strategy.\ns 337 ins 2023 No. 2 s 69\n(sec.337-ssec.1) The State stock route network management strategy kept by the chief executive under former section 98 (the continued strategy ) continues as the State stock route network management strategy under new section 98.\n(sec.337-ssec.2) The chief executive is not required to comply with section 100A in relation to the continued strategy.","sortOrder":229},{"sectionNumber":"sec.338","sectionType":"section","heading":"Continuation of adopted stock route network management plans","content":"### sec.338 Continuation of adopted stock route network management plans\n\nThis section applies to a local government’s stock route network management plan if—\nthe plan was adopted under former chapter 3, part 3 after the continued strategy took effect; and\nimmediately before the commencement, the plan—\nwas in effect; and\ncomplied with former section 107.\nThe plan continues as the local government’s stock route network management plan under new section 105.\nNew section 111(2) does not apply in relation to the plan.\ns 338 ins 2023 No. 2 s 69\n(sec.338-ssec.1) This section applies to a local government’s stock route network management plan if— the plan was adopted under former chapter 3, part 3 after the continued strategy took effect; and immediately before the commencement, the plan— was in effect; and complied with former section 107.\n(sec.338-ssec.2) The plan continues as the local government’s stock route network management plan under new section 105.\n(sec.338-ssec.3) New section 111(2) does not apply in relation to the plan.\n- (a) the plan was adopted under former chapter 3, part 3 after the continued strategy took effect; and\n- (b) immediately before the commencement, the plan— (i) was in effect; and (ii) complied with former section 107.\n- (i) was in effect; and\n- (ii) complied with former section 107.\n- (i) was in effect; and\n- (ii) complied with former section 107.","sortOrder":230},{"sectionNumber":"sec.339","sectionType":"section","heading":"Prescribed local governments without continued stock route network management plans","content":"### sec.339 Prescribed local governments without continued stock route network management plans\n\nThis section applies to a prescribed local government that does not have a stock route network management plan that is continued under section 338.\nIf the prescribed local government had started preparing a stock route network management plan under former chapter 3, part 3 after the continued strategy took effect—\nthe local government must continue to prepare the plan under former chapter 3, part 3; and\nformer chapter 3, part 3 continues to apply in relation to the local government as if the Land and Other Legislation Amendment Act 2023 had not been enacted; and\nif the plan is adopted under former chapter 3, part 3—\nthe plan is taken to be the local government’s stock route network management plan under new section 105; and\nnew section 111(2) does not apply in relation to the plan.\nIf subsection (2) does not apply to the prescribed local government—\nthe local government must adopt a stock route network management plan under new chapter 3, part 3; and\nfor paragraph (a), the local government is taken to have been notified of the continued strategy taking effect under section 100A on the commencement.\nUnder section 105(1), the local government must adopt a stock route network management plan within 1 year after the notification.\ns 339 ins 2023 No. 2 s 69\n(sec.339-ssec.1) This section applies to a prescribed local government that does not have a stock route network management plan that is continued under section 338.\n(sec.339-ssec.2) If the prescribed local government had started preparing a stock route network management plan under former chapter 3, part 3 after the continued strategy took effect— the local government must continue to prepare the plan under former chapter 3, part 3; and former chapter 3, part 3 continues to apply in relation to the local government as if the Land and Other Legislation Amendment Act 2023 had not been enacted; and if the plan is adopted under former chapter 3, part 3— the plan is taken to be the local government’s stock route network management plan under new section 105; and new section 111(2) does not apply in relation to the plan.\n(sec.339-ssec.3) If subsection (2) does not apply to the prescribed local government— the local government must adopt a stock route network management plan under new chapter 3, part 3; and for paragraph (a), the local government is taken to have been notified of the continued strategy taking effect under section 100A on the commencement. Under section 105(1), the local government must adopt a stock route network management plan within 1 year after the notification.\n- (a) the local government must continue to prepare the plan under former chapter 3, part 3; and\n- (b) former chapter 3, part 3 continues to apply in relation to the local government as if the Land and Other Legislation Amendment Act 2023 had not been enacted; and\n- (c) if the plan is adopted under former chapter 3, part 3— (i) the plan is taken to be the local government’s stock route network management plan under new section 105; and (ii) new section 111(2) does not apply in relation to the plan.\n- (i) the plan is taken to be the local government’s stock route network management plan under new section 105; and\n- (ii) new section 111(2) does not apply in relation to the plan.\n- (i) the plan is taken to be the local government’s stock route network management plan under new section 105; and\n- (ii) new section 111(2) does not apply in relation to the plan.\n- (a) the local government must adopt a stock route network management plan under new chapter 3, part 3; and\n- (b) for paragraph (a), the local government is taken to have been notified of the continued strategy taking effect under section 100A on the commencement. Note— Under section 105(1), the local government must adopt a stock route network management plan within 1 year after the notification.","sortOrder":231},{"sectionNumber":"sec.340","sectionType":"section","heading":"Application fees","content":"### sec.340 Application fees\n\nAn application fee mentioned in section 116(4)(b), 122(2)(b)(ii) or 134(2)(b) (each a relevant fee provision ) applies only to an application made after the relevant fee provision commences.\ns 340 ins 2023 No. 2 s 69","sortOrder":232},{"sectionNumber":"sec.341","sectionType":"section","heading":"Fines imposed by court after commencement","content":"### sec.341 Fines imposed by court after commencement\n\nSection 187A applies to a fine imposed by a court for an offence against this Act after the commencement, regardless of when the offence was committed or the proceeding for the offence was started.\ns 341 ins 2023 No. 2 s 69","sortOrder":233}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2002 focus on stock movement, travelling stock facilities and basic route maintenance has broadened significantly. 2023 amendments (No. 2) introduced a certified digital stock route map (s.97A), expanded the principles in s.97 to emphasise public awareness, cultural values, multiple non-pastoral uses and consistency across local/regional/State levels, strengthened consultation requirements with other departments (ss.107-108), and integrated biosecurity and environmental considerations more deeply into permit decisions (s.118). The legislation now functions as a comprehensive land-use planning and environmental management statute rather than a narrow stock-movement code."},"complexity_factors":["Multi-layered planning framework with a State stock route network management strategy (ss.98-103) and mandatory local government stock route network management plans (ss.105-115)","Two separate permit regimes (stock route agistment permits in ss.116-130 and stock route travel permits in ss.132-147) each with detailed eligibility criteria, application processes, conditions, renewal, review and cancellation rules","Extensive cross-references to other statutes including the Biosecurity Act 2014, Nature Conservation Act 1992, Transport Infrastructure Act 1994, Land Act 1994 and Fisheries Act 1994","Long list of specific offences with tiered penalties (e.g. 50 penalty units for most permit breaches in s.173, up to 400 penalty units for fencing or overgrazing obligations in ss.150, 161)","Detailed authorised-person powers of entry, seizure, forfeiture and information gathering in Chapter 7, including warrant procedures and safeguards","Transitional provisions (ss.334-341) preserving pre-2023 strategies, plans and permits while introducing a new digital stock route map (s.97A)"],"plain_english_summary":"**The Stock Route Management Act 2002** manages a network of roads, reserves and routes across Queensland used mainly for moving and resting livestock (travelling stock). It requires a statewide strategy and local government plans to balance stock needs with environmental protection, cultural values, recreation and other land uses. Landowners, graziers and drovers must obtain permits before grazing stock on these routes (agistment permits) or driving them along them (travel permits). The Act sets principles for sustainable management, controls stray stock, requires fencing in some cases, creates offences for damaging facilities or allowing stock to stray, and gives authorised officers powers to enter land, seize stock and enforce the rules. It matters because it keeps historic stock routes viable while preventing overuse, biosecurity risks and conflicts with roads, conservation areas or local communities."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.116(2)(b)","severity":"medium","reasoning":"The legislative text reads 'the person is travelling stock under a stock route travel permit' when it clearly means 'the person who is travelling stock under a stock route travel permit'. While context makes the intended meaning reasonably clear, the literal reading attributes the status of 'travelling stock' to the human applicant, which is logically absurd.","confidence":0.75,"description":"The section states 'the person is travelling stock under a stock route travel permit' as a ground for applying for an agistment permit. A person cannot be 'travelling stock' — stock are animals. The drafter appears to mean 'the person is travelling stock pursuant to a stock route travel permit' but the phrasing creates a legal nonsense where a human being is characterised as livestock."},{"type":"impossible_compliance","section":"sec.111(2) and sec.111(3)(b)","severity":"medium","reasoning":"The interaction of the 1-year adoption deadline (s.105(1)), the start-day constraint (s.111(2)), and the cessation trigger (s.111(3)(b)) creates a scenario where a local plan can lapse before a replacement is adopted if the renewal process (which requires consultation, public notice of 28 days under s.109, etc.) cannot be completed within 1 year of the new strategy notification, yet s.112 mandates ongoing implementation.","confidence":0.7,"description":"Section 111(2) requires the local government plan's start day to be within 1 year after notification of the State strategy. Section 111(3)(b) then provides the plan stops having effect 1 year after notification of a NEW strategy. If the State strategy has a maximum 5-year duration (s.100) but the local plan can only remain valid for 1 year after a new strategy notification, there is a potential gap period where no valid local plan exists if the local government does not renew within 1 year, yet the obligation to manage stock routes continues under s.112."},{"type":"circular_definition","section":"sec.128(2)(b)","severity":"medium","reasoning":"The formula 'fee less the amount payable for the term before cancellation' is ambiguous. If the fee already represents the entire term, subtracting what was 'payable' for the pre-cancellation portion equals the fee itself minus the used portion — but the phrasing says 'before it was cancelled' which is the used portion, meaning the refund equals the fee minus the used portion (i.e. the unused portion). This is the likely intent, but the drafting is convoluted and potentially self-defeating.","confidence":0.65,"description":"The refund formula upon cancellation — 'the permit fee less the amount that would have been payable for the term of the permit before it was cancelled' — is internally incoherent. If a permit is cancelled, the 'term before cancellation' is the period already used, so deducting what 'would have been payable' for that period from the total fee is circular: the entire fee IS what is payable for the permit term. The formula may actually be intended to refund the pro-rata unused portion, but as drafted it could arithmetically result in a zero or negative refund in most cases."},{"type":"impossible_compliance","section":"sec.113(2)","severity":"low","reasoning":"The mandatory annual review with no penalty or enforcement mechanism, combined with the possibility that a plan could be adopted only weeks before a review deadline, creates a practically impossible compliance scenario in some cases and a toothless obligation in others.","confidence":0.6,"description":"Section 113(2) requires a local government to review the effectiveness of its plan 'at least 3 months before the start of each financial year'. A financial year starts on 1 July, meaning the review must occur before 1 April each year. However, a plan may not have been in operation for any meaningful period before the first such review deadline falls due, particularly if adopted late in a financial year. More significantly, there is no consequence specified if this mandatory annual review is not conducted, rendering it an unenforceable obligation."},{"type":"circular_definition","section":"sec.97A(3)","severity":"low","reasoning":"The phrase 'publishes another map under the subsection' in s.97A(3) refers to itself (subsection 3) rather than subsection (2)(a) where the publication power actually resides. This is a drafting error that creates a circular or ambiguous cross-reference.","confidence":0.8,"description":"Section 97A(3) states that a map 'stops having effect as the stock route map for the State if the chief executive publishes another map under the subsection'. However, subsection (3) itself does not authorise publishing a map — that power is in subsection (2)(a). The cross-reference to 'the subsection' in s.97A(3) is self-referential and should read 'under subsection (2)(a)', creating a drafting error that could cause interpretive confusion about which subsection triggers the cessation."},{"type":"impossible_compliance","section":"sec.120 and sec.123(2)","severity":"medium","reasoning":"The Act's own eligibility criterion (land adversely affected by drought, fire or flood) acknowledges prolonged emergencies, yet the permit duration and single renewal cap limits relief to a maximum of 56 days, which is frequently inadequate for the very circumstances the provision targets.","confidence":0.7,"description":"Section 120 caps the initial agistment permit duration at 28 days (or 7 days for s.116(2)(b) purposes). Section 123(2) allows renewal 'once only for not more than 28 days'. This means the maximum total agistment period for a drought/fire/flood-affected landowner is 56 days. However, droughts, fires and floods routinely last far longer, creating a regime where the statutory purpose of helping affected landowners cannot practically be fulfilled."},{"type":"other","section":"sec.97 (Payment for use principle) and sec.115(1)(b)","severity":"low","reasoning":"The payment principle is aspirational and unenforceable on its face — there is no mechanism in the visible provisions to charge recreational or other non-stock users. This creates an internal tension between the stated principle and the actual regulatory scheme.","confidence":0.55,"description":"The 'Payment for use' principle in s.97 states that 'a person who benefits from using the network must pay a reasonable amount for its use'. However, s.115(1)(b) requires local governments to make copies of management plans available for inspection 'free of charge'. While this is not a direct contradiction of the payment principle (plans are not 'use' of the network), the principle as drafted is broad enough to potentially encompass any benefit derived from the network, and no mechanism enforces payment from, for example, recreational users who pay nothing."},{"type":"impossible_compliance","section":"sec.116(3)(c)","severity":"low","reasoning":"In remote Queensland pastoral regions, the combination of potentially limited internet access, infrequent newspaper circulation, and the need to prepare and submit an application within 7 days of publication creates an effectively impossible compliance window for some intended beneficiaries.","confidence":0.6,"description":"Section 116(3)(c) requires a notice inviting agistment permit applications to allow only 7 days for applications. Given that the notice may be published in a regional newspaper or its electronic equivalent, and that applicants in remote areas may have limited access to these publications, the 7-day window may be practically impossible to meet for many intended applicants, undermining the competitive application process the notice requirement is designed to create."}],"contradictions":[{"severity":"medium","section_a":"sec.105(1)","section_b":"sec.111(2)","confidence":0.75,"description":"Section 105(1) requires a local government to adopt a stock route network management plan within 1 year after being notified of the State strategy taking effect. Section 111(2) requires the plan's stated start day to also be within 1 year of that notification. Given that adoption under s.110 requires compliance with ss.106–109 (including mandatory consultation, 28-day public submission period, and consideration of submissions), it may be impossible to both adopt the plan AND have it commence within the same 1-year window, particularly if the process is commenced late."},{"severity":"high","section_a":"sec.113(4)","section_b":"sec.111(3)(b)","confidence":0.8,"description":"Section 113(4) requires a local government to renew its plan within 1 year of being notified of the State strategy's renewal. Section 111(3)(b) provides the local plan stops having effect 1 year after such notification regardless. If the renewal process under s.114 (incorporating the 28-day public consultation under s.109) cannot be completed within 1 year, the plan lapses before the renewed plan takes effect, creating a gap in legal authority to manage stock routes, which directly contradicts s.112's obligation to implement the plan."},{"severity":"high","section_a":"sec.129(5)","section_b":"sec.129(3)","confidence":0.85,"description":"Section 129(5) provides that a review request 'does not stay the operation of the decision'. For cancellation decisions (s.129(1)(d)), this means the cancellation takes immediate effect under s.128(3). However, s.129(3) requires the chief executive to respond within 14 days. If a cancellation stands during review but the chief executive then directs re-issue under s.129(2)(b)(iv), the permit holder has been without a valid permit for up to 14 days, potentially committing an offence under s.132 for driving stock without a permit during that period, despite being in the process of a lawful review."},{"severity":"low","section_a":"sec.145(3)","section_b":"sec.129(3)","confidence":0.9,"description":"The review timeframe for travel permit decisions under s.145(3) is 7 days, while the equivalent review timeframe for agistment permit decisions under s.129(3) is 14 days. There is no apparent policy rationale for this discrepancy — if anything, the immediacy of travelling stock movements (stock on the road) would seem to demand faster resolution for travel permits, yet the regime applies the longer timeframe to agistment and shorter to travel. This internal inconsistency creates unequal procedural treatment within the same regulatory scheme."},{"severity":"medium","section_a":"sec.100(1)","section_b":"sec.102(2)","confidence":0.7,"description":"Section 100(1) states the State strategy has effect for a period of 'no more than 5 years'. Section 102(2) requires the chief executive to review the strategy's effectiveness 'at least 6 months before it stops having effect'. If the strategy has a very short stated period (e.g., 6 months or less), the mandatory review under s.102(2) would be required before or at commencement, which is logically impossible — you cannot review effectiveness before or immediately upon commencement."},{"severity":"low","section_a":"sec.118(2)(b)(i) — agistment eligibility","section_b":"sec.116(2)(c)(i)(A) — agistment eligibility","confidence":0.65,"description":"Section 116(2)(c)(i)(A) requires, for excess-pasture agistment, that the land be 'identified in the issuing entity's stock route network management plan as land containing more pasture and water than is needed'. However, s.118(2)(b)(ii) separately requires the issuing entity to be 'satisfied there is more pasture and water available on the land than is needed for the use of travelling stock' as a grant condition. For prescribed local governments with a plan, the application eligibility already requires plan identification of surplus pasture, yet the grant decision requires a fresh independent satisfaction of the same fact — creating a duplicative and potentially contradictory two-step assessment of identical factual questions."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original 2002 scope focused primarily on stock movement and livestock industry needs. Subsequent amendments (notably in 2023) have broadened the scope to explicitly recognise multiple uses of the network including recreation, tourism, cultural use, bee-keeping, fossicking, and mineral exploration. The 2023 amendments also added the digital stock route map system, strengthened consultation requirements (including with Aboriginal communities), tightened the interlocking timelines between State strategy and local plans, and modernised publication requirements (websites replacing gazette-style notices). The cultural values dimension and explicit recognition of non-pastoral uses represents a meaningful expansion beyond the original pastoral-industry focus."},"complexity_factors":["Two-tier regulatory structure (State strategy + local council plans) with tightly interlocked timelines and dependencies between the two levels","Two distinct permit types (agistment and travel) each with their own application, renewal, conditions, cancellation and review processes that closely mirror each other but differ in key details","Multiple cross-references to other Queensland Acts (Nature Conservation Act 1992, Land Act 1994, Biosecurity Act 2014, Transport Infrastructure Act 1994, Fisheries Act 1994, Brands Act 1915) creating an interwoven regulatory web","Conditional eligibility rules for permits that branch across several scenarios (drought/fire/flood, travelling stock already on a permit, surplus pasture with public notice)","Different time limits applying to different steps (7-day permit notices, 28-day public submissions, 1-year plan adoption windows, 3-month pre-financial year reviews, 6-month strategy reviews, 14-day and 7-day chief executive review windows)","Prescribed local governments (only some councils are subject to Part 3 planning obligations), creating a two-class system that readers must track throughout","Penalty provisions, fee structures and hardship waivers adding procedural layers","Partial content of the Act provided — enforcement, inspector powers, and other chapters are truncated, meaning the full complexity is likely higher than assessed here"],"plain_english_summary":"## What is this law about?\n\nThe **Stock Route Management Act 2002** is a Queensland law that manages the network of public stock routes — the roads, tracks and corridors that have historically been used to drive livestock (cattle, sheep, etc.) on foot across the land.\n\n## Who does it affect?\n\n- **Farmers and graziers** who need to move livestock on foot across public land\n- **Local councils** in Queensland, who are responsible for managing stock routes in their areas\n- **The Queensland State Government**, which sets the overarching strategy\n- **Anyone using stock routes** for recreation, tourism, bee-keeping, fossicking, or other purposes\n- **Neighbouring landholders** whose properties adjoin stock routes\n\n## What does it actually do?\n\n### 1. Sets up a management framework\nThe law creates a two-level planning system:\n- The **State government** (through the chief executive of the relevant department) must publish an overarching strategy for the whole network, valid for up to 5 years\n- **Local councils** must then create their own local management plans consistent with that strategy, within 1 year of being notified\n\n### 2. Two types of permits you might need\n\n**Stock Route Travel Permit** — If you want to drive your livestock on foot along a stock route for more than one day, you generally need a permit from your local council. You need to show the land has enough grass and water, and that your animals won't spread diseases or pests. The council can impose conditions (like public liability insurance, or keeping animals off road surfaces).\n\n**Stock Route Agistment Permit** — If you want to let your animals graze (\"agist\") on a stock route — essentially using it as temporary pasture — you need a separate permit. This is available if, for example, your own land has been hit by drought, fire or flood, or if there's more grass available on the route than travelling stock need.\n\n### 3. Review rights\nIf a council refuses your permit, cancels it, or imposes conditions you disagree with, you can ask the State's chief executive to review that decision within 14 days (for agistment permits) or 7 days (for travel permits).\n\n### 4. Recognises multiple uses\nThe law acknowledges that stock routes aren't just for livestock — they're also used for recreation, tourism, bee-keeping, fossicking, mineral exploration, roads and utilities. The primary purpose remains livestock movement, but other uses are recognised and managed.\n\n### 5. Environmental and cultural values\nCouncils must consider the environmental and cultural significance of stock routes when making their local plans, including the interests of Aboriginal communities.\n\n## Why does it matter?\n\nAustralia's stock route network is one of the largest public land systems in the world. This law ensures it stays open, well-managed, and fairly used — balancing the needs of farmers moving livestock with environmental protection, road safety, biosecurity (preventing the spread of animal diseases and invasive pests), and community access."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally focused on managing stock routes for livestock movement, the Act has expanded through amendments (especially in 2023) to include multiple uses (recreation, tourism, utilities), environmental and cultural values, digital mapping of stock routes, and more prescriptive planning obligations for local governments. The scope has broadened from a narrow agricultural focus to a broader land management framework."},"complexity_factors":["Over 300 sections with multiple parts and divisions","Extensive cross-references to other Acts (e.g., Nature Conservation Act, Transport Infrastructure Act, Biosecurity Act)","Complex permit application and renewal procedures with detailed conditions and decision-making criteria","Multiple layers of planning: state strategy and local management plans with consultation requirements","Detailed provisions for authorised persons, warrants, seizure, and forfeiture","Transitional provisions from repealed Rural Lands Protection Act 1985 and Timber Utilisation and Marketing Act 1987","Many defined terms in the dictionary (schedule 3, not fully shown)"],"plain_english_summary":"This Act sets up a system for managing public land corridors known as stock routes, which are used for moving livestock (like cattle and sheep) on foot. It replaces older laws and creates a framework involving both the state government and local councils. The Act requires the state to develop a five-year strategy for the whole network, and local councils in certain areas must adopt their own management plans that align with that strategy. Anyone wanting to move stock on foot along these routes needs a travel permit, and people can also get agistment permits to graze stock on parts of the route where there is extra pasture. The Act also covers building fences, dealing with stray stock, maintaining water facilities, and gives authorised officers powers to inspect and enforce the rules. Penalties apply for offences like grazing without a permit, damaging facilities, or obstructing stock."}},"importantCases":[],"_links":{"self":"/api/acts/stock-route-management-act-2002","history":"/api/acts/stock-route-management-act-2002/history","analysis":"/api/acts/stock-route-management-act-2002/analysis","conflicts":"/api/acts/stock-route-management-act-2002/conflicts","importantCases":"/api/acts/stock-route-management-act-2002/important-cases","documents":"/api/acts/stock-route-management-act-2002/documents"}}