Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Local Land Services Regulation 2026.

2 Commencement

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Local Land Services Regulation 2014, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

The dictionary in Schedule 5 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

4 Stock units

4 Stock units

For this regulation, other than section 23, the following stock equate to the corresponding number of stock units—

| A bull, cow, ox, heifer, steer, calf or buffalo that is at least 6 months of age | 10 stock units | | A camel that is at least 6 months of age | 10 stock units | | A horse that is at least 6 months of age | 10 stock units | | An alpaca that is at least 6 months of age | 1 stock unit | | A deer that is at least 6 months of age | 1 stock unit | | An emu that is at least 6 months of age | 1 stock unit | | A goat that is at least 6 months of age | 1 stock unit | | A llama that is at least 6 months of age | 1 stock unit | | An ostrich that is at least 6 months of age | 1 stock unit | | A pig | 1 stock unit | | A sheep that is at least 6 months of age | 1 stock unit |

Part 2 Local board members

Part 2 Local board members

5 Election procedures—the Act, s 27(2)(a) and (3)(a)

5 Election procedures—the Act, s 27(2)(a) and (3)(a)

Schedule 1 contains provisions about the conduct of local board elections.

6 Required expertise, knowledge or skills—the Act, s 27(4)

6 Required expertise, knowledge or skills—the Act, s 27(4)

The following areas are prescribed—

(a) leadership, strategic planning and management,

(b) regional service delivery and working with industry, government and other partners,

(c) audit, financial control and reporting and risk management,

(d) primary industries or providing services to support primary industries,

(e) contemporary biosecurity programs in—

(i) animal and plant health, and

(ii) pest and weed management,

(f) emergency management, especially biosecurity and natural disaster emergencies,

(g) natural resource management and biodiversity conservation,

(h) working with Aboriginal communities and groups,

(i) local government,

(j) community engagement.

7 Other eligibility criteria—the Act, s 27(5)

7 Other eligibility criteria—the Act, s 27(5)

(1) A person is not eligible for election as a member of a local board if, on the relevant day—

(a) the person’s principal place of residence is located outside the local board’s region, or

(b) the person is a member of another local board, or

(c) the person is nominated as a candidate for election as a member of another local board.

(2) A person is not eligible for election or appointment as a member of a local board if, on the relevant day—

(a) the person is less than 18 years of age, or

(b) the person is a member of staff of Local Land Services, or

(c) the person has, in the last 15 years, been personally insolvent, or

(d) the person has, at any time, been convicted—

(i) in New South Wales of an offence punishable by imprisonment for 12 months or more, or

(ii) elsewhere of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more.

(3) In this section—

relevant day means—

(a) for an appointee—the day on which the appointment takes effect, or

(b) for a person nominated for election—the day on which nominations close.

8 Minister must have regard to place of residence of appointed member—the Act, s 27(6)(b)

8 Minister must have regard to place of residence of appointed member—the Act, s 27(6)(b)

The Minister must, when appointing a member of a local board, have regard to the principle that appointees should, if possible, reside in the local board’s region.

Part 3 Rates

Part 3 Rates

Division 1 Preliminary

Division 1 Preliminary

9 Rateable land—the Act, s 56(b)

9 Rateable land—the Act, s 56(b)

Land is rateable land if the land was rateable land for the purposes of the former RLP Act.

Note—

See the Rural Lands Protection Regulation 2010, clause 6 and Schedule 3, as in force immediately before the repeal of that regulation by the Act.

10 Multiple holdings treated as single holding—the Act, s 206(1)

10 Multiple holdings treated as single holding—the Act, s 206(1)

Local Land Services must, if requested by the occupier of 2 or more non-contiguous holdings in a district, treat the holdings as a single holding when determining liability to pay a rate under this part.

Division 2 Levying rates—the Act, ss 57 and 206(2)(a)

Division 2 Levying rates—the Act, ss 57 and 206(2)(a)

11 Definition

11 Definition

In this division—

special purpose rates—see section 12(3).

12 Types of rates

12 Types of rates

(1) Local Land Services must calculate and levy a general rate and an animal health rate for rateable land each calendar year.

(2) The general rate and the animal health rate must be calculated before—

(a) 31 March of the relevant year, or

(b) a later date approved by the Minister for the relevant year.

(3) Local Land Services may calculate and levy one or more other rates (special purpose rates) for land within a district for a year if Local Land Services considers the special purpose rates necessary, including to fund a contribution payable under the Act, section 200A.

13 Amounts of rates

13 Amounts of rates

(1) Local Land Services must calculate a rate payable for rateable land in accordance with the following formula—

where—

R represents the rate payable.

B represents the base amount, determined by Local Land Services, payable for each holding that is rateable land.

A represents the amount, determined by Local Land Services, payable for each stock unit—

(a) for a general rate or special purpose rate—based on the total notional carrying capacity of rateable land in the district or for each constituent part of the district, or

(b) for an animal health rate—based on the total notional carrying capacity of rateable land in the district, or for each constituent part of the district, for which an annual return lodged in the preceding year indicates at least 50 stock units were kept on the land on 30 June of that year.

C represents the notional carrying capacity of the holding determined in accordance with section 23.

(2) Local Land Services must calculate a special purpose rate payable for rateable land in accordance with the following formula—

where—

R represents the rate payable.

X represents the base amount determined by Local Land Services.

A represents the amount, determined by Local Land Services, payable for each stock unit based on the total notional carrying capacity of rateable land in the district.

C represents the notional carrying capacity of the holding determined in accordance with section 23.

(3) In calculating the general rate for rateable land, Local Land Services must disregard a part of the land—

(a) used for intensive livestock production, or

(b) for which an animal health rate is payable.

(4) In calculating the animal health rate for rateable land, Local Land Services must disregard a part of the land used for intensive livestock production.

(5) An animal health rate may be levied for rateable land for which an annual return has not been lodged under the Act, section 58.

(6) In this section—

constituent part, of a district, has the same meaning as in the former RLP Act, Schedule 7, clause 49.

14 Levying of rates

14 Levying of rates

(1) A rate is levied for land by giving a rate notice for the land to an occupier of the land liable, under Division 3, to pay the rate.

(2) A rate notice must be given to the occupier as soon as practicable after the rate is calculated.

(3) A rate must be paid on or before the payment date specified in the rate notice.

(4) The payment date must be no less than 28 days and no more than 42 days after the day the rate notice is given.

(5) Local Land Services may agree to accept payment of a rate—

(a) by instalments, or

(b) otherwise in accordance with an agreement made with the occupier.

(6) If there are 2 or more occupiers of the land, a rate notice given to 1 of the occupiers is taken to have been given to all occupiers.

(7) An occupier of land, other than the owner, who is given a rate notice must give each other occupier and each owner of the land, other than the Crown, a copy of the notice within 14 days after receiving the notice.

Maximum penalty—10 penalty units.

15 Appropriation of special purpose rates

15 Appropriation of special purpose rates

(1) A special purpose rate paid to Local Land Services must not be used for a purpose other than the purpose for which the rate was levied.

(2) Despite subsection (1), Local Land Services may use the amount of a special purpose rate that is surplus to the purpose for which the rate was levied for another purpose approved by the Minister.

Division 3 Liability to pay rates—the Act, ss 57, 206(2)(a) and (p) and 208

Division 3 Liability to pay rates—the Act, ss 57, 206(2)(a) and (p) and 208

16 Occupiers liable to pay rates

16 Occupiers liable to pay rates

(1) The occupier of land for which a rate is levied by Local Land Services is liable to pay the rate, except as otherwise provided by this part.

(2) If there are 2 or more occupiers of the land, the occupiers are jointly and severally liable to pay the rate.

(3) An occupier who pays Local Land Services more than the occupier’s proportionate share of the rate may recover the excess from the other occupiers.

17 Owners liable to pay rates not paid by occupiers

17 Owners liable to pay rates not paid by occupiers

(1) This section applies to a rate or part of a rate for land (an unpaid rate) that is unpaid by the occupier of the land within 12 months after the payment date specified in the relevant rate notice.

(2) The owner of the land is liable to pay an unpaid rate, including interest and other related charges.

(3) Local Land Services must not recover an unpaid rate unless the owner has been given at least 28 days notice of the amount payable.

(4) An owner who pays an unpaid rate may recover the amount of the payment from the occupier who was given the rate notice.

(5) If there are 2 or more owners of the land, the owners are jointly and severally liable to pay the unpaid rate.

(6) An owner who pays Local Land Services more than the owner’s proportionate share of an unpaid rate may recover the excess from the other owners.

(7) This section does not affect the liability of an occupier to pay a rate.

18 Change of occupier or owner

18 Change of occupier or owner

(1) A person who ceases to be the occupier or owner of land for which a rate is payable remains liable to pay the rate in accordance with this division until the person gives notice under section 19 of the change in occupancy or ownership.

(2) Subsection (1) does not affect the liability of an owner, other than the Crown, to pay an amount under section 17.

(3) A person who becomes the occupier of land owned, or the subject of a lease or licence granted, by the Crown is not liable to pay a rate levied for the land that is unpaid on the day the person becomes the occupier.

(4) If there is a change in the occupancy or ownership of land during the year in relation to which a rate is levied, the rate is payable between the former and subsequent occupiers or owners in proportion to—

(a) the part of the land occupied or owned, and

(b) the part of the year during which the land was occupied or owned.

19 Notice of change of occupier, owner or contact details

19 Notice of change of occupier, owner or contact details

(1) A person who becomes, or ceases to be, the occupier or owner of rateable land must give notice, in the approved form, to Local Land Services within 1 month after becoming, or ceasing to be, the occupier or owner.

Maximum penalty—10 penalty units.

(2) A person is taken to have given notice of a change in ownership under this section if, within 1 month after the change, notice of the change is lodged with the Registrar-General in accordance with—

(a) the Real Property Act 1900, section 39, or

(b) the Conveyancing Act 1919, section 184E.

(3) An occupier of rateable land must notify Local Land Services of a change in the occupier’s contact details, as specified in a notice under subsection (2), within 1 month after the change takes effect.

Maximum penalty—10 penalty units.

20 Recovery of rates paid when not occupier or owner

20 Recovery of rates paid when not occupier or owner

(1) A person who pays a rate to Local Land Services after the person ceases to be the occupier or owner of the land for which the rate is payable, but before the person gives notice of the change in occupancy or ownership under section 19, may recover the amount of the rate from the subsequent occupier or owner of the land.

(2) An occupier or owner of land who pays Local Land Services a rate that accrued while another person occupied or owned the land may recover from the person the share of the rate that accrued while the person was occupier or owner of the land.

21 Appeals against rates

21 Appeals against rates

(1) An occupier or owner of land may appeal to the Tribunal against the validity of a rate levied for the land.

(2) An appeal must not be made unless the occupier or owner of the land files with the appeal a certificate from Local Land Services, or other evidence acceptable to the Tribunal, confirming all rates payable by the owner or occupier for the land in preceding years have been paid.

(3) An appeal may only be made on the ground that the land, or part of the land, is not rateable or otherwise subject to the rate.

(4) The appeal must be made within 30 days after the occupier receives the relevant rate notice.

(5) The Tribunal must decide an appeal by confirming or varying the rate.

(6) An appeal under this section does not prevent the commencement of proceedings to recover the rate.

22 Exemptions

22 Exemptions

(1) Rateable land is exempt from an animal health rate for a year if the annual return lodged in the preceding year indicates that fewer than the prescribed number of stock units were kept on the land on 30 June of that year.

(2) The part of a holding occupied by either of the following is exempt from the operation of the Act, Part 5—

(a) Local Land Services,

(b) if the part is used for a purpose other than agriculture—a local authority.

(3) The part of a holding used for a caravan park, cemetery, golf course, hotel or motel accommodation, industry, racecourse or showground is exempt from the operation of the Act, Part 5.

(4) The part of a holding used for the following purposes is exempt from the operation of the Act, Part 5, other than the Act, section 58—

(a) growing sugar cane,

(b) a rifle range, including ancillary buildings.

(5) In this section—

caravan park, cemetery, hotel or motel accommodation and industry have the same meanings as in the Standard Instrument—Principal Local Environmental Plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

prescribed number means—

(a) for horses—100, or

(b) otherwise—50.

racecourse has the same meaning as in the Betting and Racing Act 1998.

Division 4 Notional carrying capacity—the Act, ss 57 and 206(2)(a) and (p)

Division 4 Notional carrying capacity—the Act, ss 57 and 206(2)(a) and (p)

23 Assessment of notional carrying capacity

23 Assessment of notional carrying capacity

(1) Local Land Services’ assessment of the notional carrying capacity of a holding—

(a) may be undertaken at any time, and

(b) must be undertaken at least once every 5 years.

(2) Local Land Services must assess the notional carrying capacity of a holding by reference to the number of stock units that could be kept on the holding in an average season under management practices that, in the opinion of Local Land Services, are usual for the district.

(3) In assessing the notional carrying capacity of a holding, Local Land Services must—

(a) make the assessment as if the land is used only to raise stock, and

(b) not take into account weeds or pests on the land, and

(c) if the land is irrigated and used for permanent plantings—not take into account the use of irrigation, and

(d) base the assessment on the condition of the holding as at the assessment date.

(4) In assessing the notional carrying capacity of a holding that is rateable land used for intensive livestock production, Local Land Services must consider the following—

(a) the nature of the holding,

(b) the land improvements carried out, and equipment or structures used, for the purposes of intensive livestock production,

(c) other structures on the land,

(d) the way the holding has been worked.

(5) For this section—

(a) a 40kg wether equates to 1 stock unit, and

(b) a 400kg steer equates to 10 stock units.

(6) In this section—

permanent plantings means the planting of trees or vines which produce crops without annual replanting.

pest has the same meaning as in the Act, section 200A(5).

24 Notice of assessment

24 Notice of assessment

(1) Local Land Services must give a notice of assessment to an occupier of a holding—

(a) as soon as practicable after the assessment is made, and

(b) no later than the day on which the next rate notice for the land is given.

(2) If there are 2 or more occupiers of the holding, a notice of assessment given to 1 of the occupiers is taken to have been given to all occupiers.

(3) An occupier of a holding, other than the owner, who is given a notice of assessment must give each other occupier and each owner of the holding a copy of the notice within 14 days after receiving the notice.

Maximum penalty—10 penalty units.

25 Application for review of assessment

25 Application for review of assessment

(1) An occupier or owner of a holding may apply to Local Land Services for a review of an assessment of the notional carrying capacity of the holding.

(2) The application must be made—

(a) in writing, and

(b) within 28 days after the notice of assessment is given.

(3) Local Land Services may, within 28 days after receiving an application, require the applicant to give Local Land Services additional information reasonably required for the review.

(4) Local Land Services must review the assessment within 40 days after receiving—

(a) the application, or

(b) if additional information is required under subsection (3)—the additional information.

(5) Local Land Services may refuse to consider an application if the applicant fails to give  the additional information under subsection (3) within a reasonable time.

(6) Local Land Services must decide an application by confirming or varying the assessment.

(7) Local Land Services must give the applicant notice of the decision as soon as practicable after completing the review.

(8) The applicant must notify each other occupier or owner of the land of the decision within 14 days after being given notice of the decision.

Maximum penalty—10 penalty units.

(9) Local Land Services is taken, for an appeal under section 26, to have confirmed the assessment if Local Land Services has not reviewed the assessment within the period specified in subsection (4).

26 Appeals against assessments

26 Appeals against assessments

(1) An occupier or owner of a holding may appeal to the Tribunal against a decision of Local Land Services made under section 25.

(2) An appeal may not be made unless the appellant has paid all rates the appellant is liable to pay under Division 3, including for previous years, other than rates based on the assessment of notional carrying capacity subject to the appeal.

(3) An appeal must be made within 30 days after the occupier or owner receives notice of the decision being appealed.

(4) In deciding the appeal, the Tribunal must consider—

(a) the information given or available to Local Land Services when the assessment was made, and

(b) the additional information given to Local Land Services under section 25(3).

(5) The Tribunal may consider information in an annual return lodged for the land under the Act, section 58.

(6) The Tribunal must decide an appeal by confirming or varying the assessment.

Part 4 Catchment contributions—the Act, ss 57 and 206(2)(a)

Part 4 Catchment contributions—the Act, ss 57 and 206(2)(a)

27 Definitions

27 Definitions

In this part—

Authority means the Hunter-Central Rivers Catchment Management Authority established by the repealed Act, as in force immediately before the repeal date.

catchment contribution area means the following—

(a) an area that was, immediately before the repeal date—

(i) a catchment contribution area, within the meaning of the repealed Act, Schedule 4, and

(ii) within the area of operations of the Authority,

(b) an area declared by an order made under section 28 to be a catchment contribution area.

charging year means the period declared to be the charging year for the Authority under the repealed Act, Schedule 4, as in force immediately before the repeal date.

owner has the same meaning as in the Water Management Act 2000.

repeal date means the date of repeal of the repealed Act.

repealed Act means the Catchment Management Authorities Act 2003.

28 Catchment contribution areas

28 Catchment contribution areas

(1) The Minister may, by order published in the Gazette, declare land in a region to be a catchment contribution area.

(2) Local Land Services must keep an up-to-date map of all catchment contribution areas on the Local Land Services website.

29 Type of contribution

29 Type of contribution

(1) Local Land Services may, in a charging year, calculate and levy a catchment contribution for land in a catchment contribution area if Local Land Services considers there will be a shortfall in funding for catchment activities carried out by Local Land Services in the area during the charging year.

(2) In this section—

catchment activities includes the following—

(a) flood mitigation work,

(b) wetland rehabilitation work,

(c) riparian and river health work,

(d) education, community engagement, financing and natural resource management work related to paragraphs (a)–(c).

30 Estimates of income and expenditure

30 Estimates of income and expenditure

(1) Local Land Services must, at least 2 months before the commencement of each charging year, prepare and give the Minister estimates of—

(a) Local Land Services’ income for the year from all sources, including the amount proposed to be received as catchment contributions, and

(b) the expenditure that will be incurred during the year in exercising Local Land Services’ functions relating to natural resource management.

(2) The estimates must be in the form required by the Minister.

31 Basis for catchment contributions

31 Basis for catchment contributions

A catchment contribution must be levied based on the land value, within the meaning of the Valuation of Land Act 1916, of all land in a catchment contribution area that is rateable land within the meaning of the Local Government Act 1993.

32 Determinations for catchment contributions

32 Determinations for catchment contributions

(1) At least 1 month before the commencement of a charging year for which Local Land Services proposes to levy a catchment contribution, Local Land Services must determine the following—

(a) the total amount proposed to be levied for the year as catchment contributions,

(b) the land in the catchment contribution area for which a catchment contribution will be levied,

(c) the rate of the catchment contribution.

(2) Local Land Services may determine different rates for different kinds of land.

(3) The Minister may extend the period during which a determination may be made for a charging year.

(4) A determination under this section must be approved by the Minister.

(5) The approved determination—

(a) must be published in the Gazette, and

(b) takes effect on the commencement of the charging year to which the determination relates.

(6) An owner of land is not liable to pay a catchment contribution for a charging year until after the publication of the approved determination in the Gazette.

33 Calculation of catchment contributions

33 Calculation of catchment contributions

(1) After the publication of a determination under section 32, Local Land Services must, in accordance with the determination—

(a) classify each parcel of land for which a catchment contribution will be levied, and

(b) calculate the catchment contribution payable for each parcel.

(2) If the value of the parcel of land changes during the charging year, Local Land Services may recalculate the catchment contribution from the date the new value takes effect.

34 Levying of catchment contributions

34 Levying of catchment contributions

(1) Local Land Services must levy a catchment contribution, including a recalculated contribution, by giving a catchment contribution notice for the land to the owner of the land.

(2) A catchment contribution notice may form part of a council rate notice or other statutory notice given to the owner of the land.

35 Owners liable to pay catchment contributions

35 Owners liable to pay catchment contributions

(1) An owner of a parcel of land for which a catchment contribution is levied by Local Land Services is liable to pay the contribution, except as otherwise provided by this part.

(2) A catchment contribution must be paid on or before the payment date specified in the catchment contribution notice, which must be—

(a) no less than 28 days after the notice is given, and

(b) no more than 42 days after the notice is given.

(3) Local Land Services may agree to accept payment of a catchment contribution—

(a) by instalments, or

(b) in accordance with an agreement made with the owner.

(4) If there are 2 or more owners of the land—

(a) a catchment contribution notice given to 1 of the owners is taken to have been given to all owners, and

(b) the owners are jointly and severally liable to pay the catchment contribution, and

(c) an owner who pays Local Land Services more than the owner’s proportionate share of the contribution may recover the excess from the other owners.

36 Change of owner

36 Change of owner

(1) A person who ceases to be the owner of a parcel of land for which a catchment contribution is payable is liable to pay the contribution until the day the person gives notice of the change in ownership to Local Land Services.

(2) A person who becomes the owner of a parcel of land is liable to pay a catchment contribution that has been levied for the land and that is unpaid on the day the person becomes the owner.

(3) If there is a change in the ownership of the land during the charging year in relation to which the contribution is levied, the contribution is payable between the former and subsequent owners in proportion to—

(a) the part of the land owned, and

(b) the part of the year during which the land was owned.

(4) A person is taken to have given notice of a change in ownership under this section if notice of the change is lodged with the Registrar-General in accordance with—

(a) the Real Property Act 1900, section 39, or

(b) the Conveyancing Act 1919, section 184E.

37 Recovery of catchment contributions paid when not owner

37 Recovery of catchment contributions paid when not owner

(1) A person who pays a catchment contribution for land after the person ceases to be the owner of the land, but before giving notice of the change in ownership under section 36, may recover the amount of the contribution from the subsequent owner of the land.

(2) An owner of land who pays a catchment contribution that accrued while another person owned the land may recover from that person the share of the contribution that accrued while the person was the owner of the land.

38 Interest on overdue catchment contributions

38 Interest on overdue catchment contributions

(1) Local Land Services may charge interest on overdue catchment contributions at the rate set under the Local Government Act 1993, section 566(3) by the council of the local government area in which the relevant land is located.

(2) For this part, interest forms part of the catchment contribution.

39 Recovery of catchment contributions by Local Land Services

39 Recovery of catchment contributions by Local Land Services

(1) An unpaid catchment contribution may be recovered as a debt due to the Crown in a court of competent jurisdiction.

(2) An unsatisfied judgment or order of a court for the recovery of an unpaid catchment contribution does not prevent recovery of the contribution from another person liable to pay the contribution.

40 Refunds and credits

40 Refunds and credits

If a person pays more than the catchment contribution the person is liable to pay under this part, Local Land Services must—

(a) refund the overpayment, or

(b) credit the overpayment against another amount the person is liable to pay to Local Land Services.

41 Catchment contributions are charge on land

41 Catchment contributions are charge on land

Despite the Real Property Act 1900, section 42, a catchment contribution that has not been paid by the payment date for the contribution is a charge on the land for which the contribution is payable.

Part 5 Annual returns—the Act, s 58

Part 5 Annual returns—the Act, s 58

42 Definitions

42 Definitions

In this part—

property identification code means the code assigned to a property under the Biosecurity (National Livestock Identification System) Regulation 2017, Part 2.

relevant date means 30 June of the year for which the annual return is due.

43 Persons required to lodge annual returns

43 Persons required to lodge annual returns

(1) For the Act, section 58(1), the following persons are prescribed—

(a) the occupier of a holding that is rateable land on the relevant date,

(b) the occupier of a holding that—

(i) is not rateable land on the relevant date, and

(ii) has a property identification code,

(c) an occupier or owner—

(i) of a holding that is not rateable land on the relevant date, and

(ii) who is the owner of stock animals identified under a stock identification scheme under the Biosecurity (National Livestock Identification System) Regulation 2017, Part 2.

(2) If there are 2 or more occupiers of a holding specified in subsection (1)(a), an annual return duly lodged by 1 of the occupiers is taken to have been lodged by the other occupiers.

44 Timing and content of annual returns

44 Timing and content of annual returns

(1) An annual return must be lodged with Local Land Services before 1 September each year.

(2) The annual return must be signed by, or on behalf of, the person lodging the return.

(3) The annual return must include the following—

(a) the name and contact details, including the postal address, of the person lodging the return,

(b) the address of the holding, if different from the person’s postal address,

(c) a description of the holding, including the following—

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

(ii) the parish and county in which the holding is located,

(iii) the area of the holding,

(iv) the area of the holding planted with grapevines or sugar cane on the relevant date,

(v) details of a part of the holding that is a conservation area within the meaning of the National Parks and Wildlife Act 1974,

(d) the property identification code for the holding,

(e) the number of each kind of stock, other than pigs, that—

(i) are kept on the holding, and

(ii) are, on the relevant date, at least 6 months of age,

(f) the number of pigs kept on the holding on the relevant date,

(g) if intensive livestock production is carried out on the holding—

(i) the area of the holding used for intensive livestock production, and

(ii) the stock capacity of that area, and

(iii) the number of stock kept for intensive livestock production on the holding,

(h) if the return is lodged by a person referred to in section 43(1)(a)—the holding reference number shown on the last rate notice for the land.

45 Use of information

45 Use of information

Local Land Services may use and disclose information received in an annual return for the following purposes—

(a) preventing, managing or eradicating biosecurity risks,

(b) preparing and implementing emergency preparedness and response programs for biosecurity risks,

(c) preparing for and responding to droughts, fires, floods and other emergencies,

(d) verifying the notional carrying capacity of a holding,

(e) administering services associated with agricultural production or animal health,

(f) preparing statistical data relating to animal health or the protection of rural land,

(g) preparing annual reporting information under the Government Sector Finance Act 2018 and annual reports under the Act,

(h) preparing the roll for an election of members of a local board.

Part 6 Native vegetation

Part 6 Native vegetation

46 Meaning of “native vegetation”—the Act, s 60B(2)

46 Meaning of “native vegetation”—the Act, s 60B(2)

(1) A species of plant is conclusively presumed to be native to New South Wales if the species is included in the database known as “New South Wales Flora Online”, published on the website of the Royal Botanic Gardens and Domain Trust.

(2) This section does not apply to a species identified in the database as an introduced species only.

47 Draft native vegetation regulatory map—the Act, s 60F(6)(c)

47 Draft native vegetation regulatory map—the Act, s 60F(6)(c)

(1) The Environment Agency Head must, before the end of the transitional period—

(a) prepare a draft native vegetation regulatory map, and

(b) publish the draft map on an appropriate government website.

(2) Subject to this division, the Act, Part 5A, Division 2, other than section 60K(7), applies to the draft map in the same way the division applies to a native vegetation regulatory map.

48 Land containing low conservation value groundcover designated as category 1-exempt land—the Act, s 60H(2)(c)

48 Land containing low conservation value groundcover designated as category 1-exempt land—the Act, s 60H(2)(c)

Land containing only low conservation value groundcover, other than grasslands, is prescribed as category 1-exempt land.

49 Land designated as category 2-regulated land—the Act, s 60I(2)(j), (l) and (n)

49 Land designated as category 2-regulated land—the Act, s 60I(2)(j), (l) and (n)

(1) For the Act, section 60I(2)(j), core koala habitat is prescribed.

(2) For the Act, section 60I(2)(l), mapped land must not be designated as category 2-regulated land unless the land is reasonably proximate to the location, as identified in the records kept by the Environment Agency Head, of particular plants of a critically endangered species.

(3) For the Act, section 60I(2)(n) the following land is prescribed—

(a) land that is core koala habitat,

(b) land of a kind listed in Schedule 2.

(4) Land listed in Schedule 2, item 10 must not be re-categorised only because of a change in the criteria referred to in the item if the Environment Agency Head is satisfied the native vegetation on the land met the relevant criteria when the land was designated as category 2-regulated land.

(5) In this section—

core koala habitat means land identified as koala habitat by a plan of management under State Environmental Planning Policy (Biodiversity and Conservation) 2021 that, in the opinion of the Environment Agency Head, is core koala habitat as defined in that policy, Chapter 3 or 4.

Note—

The Act, section 60I(2) specifies other land that is category 2-regulated land.

50 Category 2-sensitive regulated land—the Act, s 60G(3)(c)

50 Category 2-sensitive regulated land—the Act, s 60G(3)(c)

(1) A native vegetation regulatory map must designate category 2-regulated land as category 2-sensitive regulated land if the Environment Agency Head is satisfied the land is land of a type listed in Schedule 3.

(2) An area of the State to which the Act, Part 5A applies is, during the period from the commencement of that part until the area has been designated on a native vegetation regulatory map, taken to be category 2-sensitive regulated land if the land is designated category 2-sensitive regulated land on a transitional native vegetation regulatory map published by the Environment Agency Head.

(3) The Act, sections 60K–60M extend to the categorisation or re-categorisation of land as category 2-sensitive regulated land.

51 Significant disturbance or modification of native vegetation—the Act, s 60J(2)

51 Significant disturbance or modification of native vegetation—the Act, s 60J(2)

(1) Native vegetation is taken to be significantly disturbed or modified if—

(a) a detectable variation occurring in the structure or composition of the vegetation, between 1 January 1990 and the commencement of the Act, Part 5A, is shown by—

(i) during the transitional period referred to in the Act, section 60F—aerial or satellite imagery, or maps and other evidence given by the landholder, or

(ii) otherwise—aerial or satellite imagery, and

(b) the variation—

(i) is consistent with the management of pasture or crops for agricultural purposes, and

(ii) is not the result of grazing only, and

(iii) occurred in at least 2 distinct periods, each a minimum of 12 months, before the commencement of the Act, Part 5A.

(2) Maps and other evidence given by a landholder under this section must be kept by the landholder for at least 5 years after any clearing carried out in reliance on the information.

52 Compliance or enforcement action related to clearing—the Act, s 60J(3)

52 Compliance or enforcement action related to clearing—the Act, s 60J(3)

(1) The following kinds of compliance or enforcement action are prescribed—

(a) the conviction of a person, or a finding of guilt, for a relevant offence related to clearing,

(b) an order of a court in civil proceedings instituted to remedy or restrain a contravention of a provision that is a relevant offence related to clearing.

(2) In this section—

relevant offence means an offence under one of the following—

(a) the Act, section 60N, 60X, 60ZC(6) or 60ZZA,

(b) the Biodiversity Conservation Act 2016, section 2.2, 2.3 or 2.4,

(c) the Environmental Planning and Assessment Act 1979, but only if the offence involved clearing that required development consent under State Environmental Planning Policy No 46—Protection and Management of Native Vegetation,

(d) the Forestry Act 2012, section 69SA,

(e) the National Parks and Wildlife Act 1974, section 118A(2), 118C or 118D, as in force immediately before the repeal of that Act, Part 8A,

(f) the Native Vegetation Act 2003, section 12, as in force immediately before the repeal of that Act,

(g) the Native Vegetation Conservation Act 1997, section 17, as in force immediately before the repeal of that Act.

53 Re-categorisation of land as category 1-exempt land—the Act, s 60K(3)(f)

53 Re-categorisation of land as category 1-exempt land—the Act, s 60K(3)(f)

(1) Land is authorised to be re-categorised from category 2-regulated land to category 1-exempt land if—

(a) the land was unlawfully cleared between 1 January 1990 and the commencement of the Act, Part 5A, and

(b) the land was subsequently lawfully cleared after the native vegetation had regrown but before the commencement of the Act, Part 5A, and

(c) the landholder has requested re-categorisation of the land.

(2) Land is authorised to be re-categorised from category 2-regulated land to category 1-exempt land if—

(a) the land was, but is no longer, the subject of a relevant private native forestry plan, and

(b) the land had been cleared of native vegetation when the plan was made, and

(c) the landholder has requested re-categorisation of the land, and

(d) nothing in the Act, this regulation or another law requires the land to continue to be categorised as category-2 regulated land.

54 Consultation with landholders about re-categorisation—the Act, s 60K(7)

54 Consultation with landholders about re-categorisation—the Act, s 60K(7)

(1) Landholders affected by a proposed re-categorisation must be individually notified, except as otherwise provided by this section.

(2) Landholders affected by a proposed re-categorisation may be consulted by a public consultation process if—

(a) the relevant land is proposed to be re-categorised—

(i) as a result of the annual review of published maps under the Act, section 60K(2), or

(ii) from category 2-regulated land to category 1-exempt land, or

(b) all landholders of the relevant land who have a registered freehold or leasehold interest in the land have been directly notified of, or directly involved in, the event resulting in the proposed re-categorisation.

(3) Landholders who do not have a registered freehold or leasehold interest in the land proposed to be re-categorised may be consulted by a public consultation process.

(4) For a public consultation process, the Environment Agency Head must publish a notice in a way the Environment Agency Head is satisfied is likely to bring the notice to the attention of—

(a) if the re-categorisation relates to a single local government area—the general public in the local government area, or

(b) otherwise—the general public.

(5) The notice must—

(a) identify the land proposed to be re-categorised, and

(b) specify where the draft native vegetation regulatory map may be viewed by the general public, and

(c) state that any person may make submissions to the Environment Agency Head within the period specified in the notice, being a period of not less than 30 days, and

(d) specify the process for making submissions.

55 Period category 1-exempt land taken to be category 2-regulated land while considering re-categorisation—the Act, s 60K(9)(b)

55 Period category 1-exempt land taken to be category 2-regulated land while considering re-categorisation—the Act, s 60K(9)(b)

The prescribed period is 60 days.

56 Prevention of clearing while considering re-categorisation of land to category 2-sensitive regulated land—the Act, s 60K(11)

56 Prevention of clearing while considering re-categorisation of land to category 2-sensitive regulated land—the Act, s 60K(11)

If the Environment Agency Head notifies a landholder of category 1-exempt land or category 2-regulated land of the proposed re-categorisation of the land as category 2-sensitive regulated land, the land is taken to be category 2-sensitive regulated land until the earlier of the following—

(a) 60 days have passed since the notice was given,

(b) the Environment Agency Head notifies the landholder that the land has been or will not be re-categorised.

57 Review of categorisation and re-categorisation decisions—the Act, s 60L(5)

57 Review of categorisation and re-categorisation decisions—the Act, s 60L(5)

(1) A request for the review of a decision relating to the categorisation or re-categorisation of land must—

(a) be made in the form approved by the Environment Agency Head, and

(b) describe the relevant land, including by giving—

(i) if the request relates to part of one or more lots—a spatially accurate map of the land, including geographic coordinates for the land, or

(ii) otherwise—the lot and deposited plan number for the land, and

(c) if the relevant landholder requests a particular categorisation—include the information the landholder is relying on, including—

(i) the provision of the Act, Part 5A or this regulation authorising the categorisation, and

(ii) information relevant to determining whether the requirements specified in the provision are satisfied, and

(d) be accompanied by a fee of $300.

(2) The Environment Agency Head may request the further information from the relevant landholder that the Environment Agency Head considers necessary for the review.

(3) A request under subsection (2) must—

(a) be written, and

(b) specify the period within which the information must be given, and

(c) specify the effect of a failure to give the information on the determination of the request.

(4) The Environment Agency Head may proceed to determine a request for review for which further information has been requested if—

(a) the relevant landholder has notified the Environment Agency Head that the information will not be given, or

(b) the information has not been given within—

(i) the period specified in the request, or

(ii) a longer period allowed by the Environment Agency Head.

(5) The Environment Agency Head may, if satisfied that it is appropriate to do so in a specific case, waive, refund or reduce the fee under subsection (1)(d).

58 Timing for appeals against categorisation or re-categorisation decisions—the Act, s 60M

58 Timing for appeals against categorisation or re-categorisation decisions—the Act, s 60M

(1) For the Act, section 60M(2)(b), the prescribed period is 40 days after the relevant request is made.

(2) If, within 25 days after the request is made, the relevant landholder is requested to give further information in accordance with section 57, the number of days that pass before the landholder provides the information, or notifies the Environment Agency Head that the information will not be given, must not be counted in calculating the 40-day period.

(3) For the Act, section 60M(3), the prescribed time is 90 days after the later of the following—

(a) the day the relevant landholder is notified of the decision made after the relevant review,

(b) the end of the period prescribed by subsections (1) and (2), if the relevant request has not been determined within the period.

59 Land excluded from application of code—the Act, s 60S(2)

59 Land excluded from application of code—the Act, s 60S(2)

(1) The following land is excluded from the regulated rural area in which clearing of native vegetation is authorised by a land management (native vegetation) code—

(a) category 2-sensitive regulated land,

(b) land designated as category 2-regulated land under the Act, section 60I(2)(a),

(c) land subject to a private native forestry plan under the Act, Part 5B,

(d) land subject to a private native forestry plan approved under the Forestry Act 2012, Part 5C before the repeal of that part.

(2) Despite subsection(1)(a), the clearing of native vegetation on category 2-sensitive regulated land set aside under a requirement made in accordance with a land management (native vegetation) code is permitted in accordance with the Act, section 60ZC(5)(b).

(3) Land excluded under subsection (1)(b) is excluded only for the period during which obligations attached to the public funds used to grow or preserve native vegetation on the land are ongoing.

60 Owner consent for clearing—the Act, s 60S(4)(c)

60 Owner consent for clearing—the Act, s 60S(4)(c)

A land management (native vegetation) code does not permit clearing or another activity on land without the prior written consent of—

(a) for Crown land—the Minister administering the Crown Land Management Act 2016, or

(b) otherwise—all owners of the land.

61 Content of code—the Act, s 60W(3)(l)

61 Content of code—the Act, s 60W(3)(l)

The following may be provided for by a land management (native vegetation) code—

(a) the withdrawal of authority to clear native vegetation under the code,

(b) the maximum period for which a notice of clearing may be given by the landholder under the code.

62 Certificates—the Act, s 60Y(12)

62 Certificates—the Act, s 60Y(12)

(1) An application for a certificate under the Act, section 60Y must—

(a) be made in the form approved by Local Land Services, and

(b) include the following—

(i) the native vegetation clearing activities proposed to be covered by the certificate,

(ii) the details of the landholding on which the proposed activities will take place,

(iii) a map of the landholding clearly showing where the proposed activities will take place,

(iv) details of the history of land management activity and native vegetation clearing on the land with reference to the requirements of the Land Management (Native Vegetation) Code 2018,

(v) the contact details of the applicant.

(2) A certificate must, by reference to relevant provisions of the relevant land management (native vegetation) code, set out the native vegetation clearing subject to a conclusive presumption under the Act, section 60Z(2).

(3) The surrender of a certificate does not have effect unless approved by Local Land Services.

(4) Local Land Services must not approve the surrender of a certificate if—

(a) the certificate requires the establishment of a set aside area for native vegetation, and

(b) the landholder has carried out clearing authorised by the certificate.

63 Public register of set aside areas—the Act, s 60ZC(3)

63 Public register of set aside areas—the Act, s 60ZC(3)

(1) The public register of set aside areas may be kept by Local Land Services—

(a) electronically, or

(b) in hard copy, or

(c) both.

(2) The register must include the following—

(a) the precise location of each set aside area,

(b) information about a variation to the set aside area, including the date the variation took effect.

(3) Local Land Services may amend the register—

(a) to remove an area, or part of an area, that has ceased to be a set aside area, or

(b) to update particulars relating to obligations or other matters affecting set aside areas.

(4) Local Land Services must not register a set aside area unless—

(a) for a set aside area on Crown land—the Minister administering the Crown Land Management Act 2016 has given written consent to the establishment of the set aside area, or

(b) otherwise—all owners of the land have given written consent to the establishment of the set aside area.

(5) Local Land Services must give the public access to the register in the way Local Land Services determines.

64 Land excluded from being a set aside area—the Act, s 60ZC(4)(c)

64 Land excluded from being a set aside area—the Act, s 60ZC(4)(c)

The following areas are excluded from being a set aside area—

(a) an area that is already a set aside area,

(b) an area subject to a relevant private native forestry plan,

(c) an area that, immediately before the repeal of the Nature Conservation Trust Act 2001, was subject to a Trust agreement under that Act,

(d) an area subject to a conservation agreement under the National Parks and Wildlife Act 1974,

(e) an area that, immediately before the repeal of the Native Vegetation Conservation Act 1997, was subject to a property agreement registered in accordance with that Act,

(f) an area that, immediately before the repeal of the Native Vegetation Act 2003, was—

(i) subject to an offset required by a property vegetation plan under that Act, or

(ii) a conservation area, or an area subject to incentive funding, under a property vegetation plan under that Act,

(g) land designated as category 2-regulated land under the Act, section 60I(2)(a), but only for the period during which obligations attached to the public funds used to grow or preserve native vegetation on the land are ongoing,

(h) an area subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under—

(i) the Biodiversity Conservation Act 2016, including a requirement made under the Native Vegetation Act 2003 before the repeal of that Act and taken to be remediation work required under the Biodiversity Conservation Act 2016, or

(ii) the National Parks and Wildlife Act 1974,

(i) an area subject to an approved conservation measure that was the basis for the biodiversity certification of land under the Biodiversity Conservation Act 2016, Part 8, or under an Act repealed by that Act,

(j) an area required, by a condition of a development consent or approval under the Environmental Planning and Assessment Act 1979, to be set aside—

(i) for nature conservation, or

(ii) for re-vegetation of native vegetation, or

(iii) as a native vegetation offset,

(k) an area that contains native vegetation required to be retained under a condition of an authorisation that approves establishment operations for a plantation or proposed plantation under the Plantations and Reafforestation Act 1999,

(l) Southern Mallee private reserves.

65 Definition

65 Definition

In this division—

application means—

(a) an application under the Act, section 60ZF for approval to clear native vegetation, or

(b) an application under the Act, section 60ZI for approval to modify an approval to clear native vegetation.

66 Form of application—the Act, s 60ZH

66 Form of application—the Act, s 60ZH

An application must—

(a) be made in the form and way determined by the Panel, and

(b) be accompanied by the information and documentation specified in the form.

67 Request for additional information—the Act, s 60ZH

67 Request for additional information—the Act, s 60ZH

(1) The Panel may request that an applicant give the Panel additional information the Panel considers necessary for proper consideration of an application.

(2) A request must—

(a) be in writing, and

(b) specify the reasonable period within which the additional information must be given to the Panel, and

(c) include notice of the effect of a failure to give the information on—

(i) the determination of the application, and

(ii) the applicant’s rights of appeal in relation to the application.

(3) The Panel may deal with an application, including by refusing the application, if—

(a) the applicant gives the Panel written notice the information will not be given, or

(b) the information has not been given within the period specified by the Panel or a longer period the Panel allows.

68 Fees—the Act, s 60ZF(11)

68 Fees—the Act, s 60ZF(11)

(1) An applicant must, when applying to clear native vegetation, pay the Panel the relevant application fee.

(2) An applicant must, when seeking modification of an approval to clear native vegetation, pay the Panel a fee of not more than the following—

(a) for a minor modification—$850,

(b) otherwise—50% of the application fee paid for the approval for which the modification is sought.

(3) In this section—

minor modification means—

(a) the correction of a minor error, misdescription or miscalculation, or

(b) a modification—

(i) to substantially the same clearing as the clearing to which the approval proposed to be modified relates, and

(ii) that will have minimal environmental impact.

relevant application fee means—

(a) for an application to clear vegetation that does not include a threatened species or a threatened ecological community—not more than $1,000, or

(b) for an application to clear vegetation that includes a threatened species or a threatened ecological community for which a risk of a serious and irreversible impact on biodiversity values is not identified in a biodiversity development assessment report prepared for the application—

(i) for clearing an area of land of less than 10ha—not more than $1,700, or

(ii) for clearing an area of land of at least 10ha but less than 100ha—not more than $3,200, or

(iii) for clearing an area of land of 100ha or more—not more than $4,000, or

(c) for an application to clear vegetation for which a risk of a serious and irreversible impact on biodiversity values is identified in a biodiversity development assessment report prepared for the application—not more than $6,000.

threatened ecological community has the same meaning as in the Biodiversity Conservation Act 2016.

threatened species has the same meaning as in the Biodiversity Conservation Act 2016.

69 Time for dealing with application—the Act, ss 60ZH and 60ZI(5)

69 Time for dealing with application—the Act, ss 60ZH and 60ZI(5)

(1) The Panel must determine an application within 90 days after the date on which the application was made.

(2) An application not determined within the 90-day period is taken to have been refused.

(3) The Panel may continue to deal with an application even if the application is taken to have been refused under subsection (2).

(4) If the Panel, under section 67, requests that an applicant give additional information about an application, the period of time between the day the request is made and the day the applicant gives the information, or notifies the Panel the information will not be given, must not be counted in calculating the 90-day period.

70 Appeals—the Act, s 60ZJ

70 Appeals—the Act, s 60ZJ

(1) An applicant may appeal to the Land and Environment Court against a decision of the Panel to refuse an application.

(2) The appeal must be made within 6 months after the date on which—

(a) the applicant is notified of the refusal, or

(b) the application is taken to have been refused under section 69(2) and (4).

71 Date from which approval operates—the Act, s 60ZH(1)

71 Date from which approval operates—the Act, s 60ZH(1)

(1) An approval to clear native vegetation given by the Panel operates from the date the approval is given or a later date specified by the Panel.

(2) If, following the hearing of an appeal, the Land and Environment Court approves an application to clear native vegetation, the approval operates from the date of the Court’s decision.

72 Lapsing of approval—the Act, s 60ZH(1)

72 Lapsing of approval—the Act, s 60ZH(1)

(1) An approval to clear native vegetation given by the Panel lapses 5 years after the date from which the approval operates.

(2) An approval does not lapse if the clearing is commenced before the date on which the approval would otherwise lapse.

(3) For subsection (2), the Panel may specify, in a notice of approval, circumstances in which clearing is or is not taken to have been commenced.

Part 7 Public roads and travelling stock reserves

Part 7 Public roads and travelling stock reserves

73 Interpretation

73 Interpretation

(1) In this part—

acquisition process means an auction, public tender or other means approved by Local Land Services for determining a fee for a permit under the Act, section 79.

public road includes—

(a) the shoulder of the road, and

(b) another part of the road not designated to be used by motor vehicles.

roads authority has the same meaning as in the Roads Act 1993.

stock warning sign means a sign warning road users of the presence of stock.

stock zone means a public road, or a part of a public road, identified as—

(a) a permanent stock zone under section 75, or

(b) a temporary stock zone under section 76 or 77.

stock zone sign means a stock warning sign displayed under section 75, 76 or 77.

(2) For this part, a stock warning sign depicting a particular kind of stock is taken to apply to every other kind of stock.

74 Application of Road Rules 2014

74 Application of Road Rules 2014

The Road Rules 2014, Part 20 applies to a stock zone sign in the same way as the part applies to a traffic sign within the meaning of the rules.

75 Identification of permanent stock zones

75 Identification of permanent stock zones

A roads authority may identify a public road, or a part of a public road, as a permanent stock zone by displaying a stock warning sign—

(a) at the entry point to the zone, and

(b) a reasonable distance, not more than 5km and not less than 200m, from the point at which the driver of a vehicle is likely to encounter stock on the road.

76 Temporary stock zone signs

76 Temporary stock zone signs

(1) A person walking or grazing stock on or near a public road that is not a permanent stock zone must display a temporary stock zone sign.

Maximum penalty—20 penalty units.

(2) A person who owns or has charge of stock that are being walked or grazed on or near a public road must identify the road, or a part of the road, as a temporary stock zone by displaying a stock warning sign—

(a) at the entry point to the zone, and

(b) a reasonable distance, not more than 5km and not less than 200m, from the point at which the driver of a vehicle is likely to encounter stock on the road.

Maximum penalty—20 penalty units.

(3) The person must remove the temporary stock zone sign when the stock are no longer on or near a part of a public road that is not a permanent stock zone.

Maximum penalty—20 penalty units.

(4) A person must not, unless authorised by this part, remove, damage, deface, interfere with or affix anything to a stock zone sign.

Maximum penalty—20 penalty units.

(5) It is a defence to a prosecution for an offence under subsection (1) if the defendant proves—

(a) display of the sign was not necessary because the presence of the stock did not result in a reasonably foreseeable hazard to a person, animal or vehicle on the public road, or

(b) failure to display the sign was due to circumstances beyond the control of, and could not reasonably have been foreseen by, the person in charge of the stock.

77 Identification of stock zones by occupiers of land

77 Identification of stock zones by occupiers of land

(1) An occupier of land that is normally walked or grazed by stock must identify the part of an unfenced public road that passes through the land as a temporary stock zone by displaying a stock warning sign at the entry point to the zone.

Maximum penalty—20 penalty units.

(2) The sign must be displayed a reasonable distance from the point at which the driver of a vehicle is likely to encounter stock on the road.

78 Stock zone sign requirements

78 Stock zone sign requirements

(1) A stock zone sign displayed under section 76 or 77 must be of a type, or display the particulars, approved by Local Land Services.

(2) A stock zone sign of a type, or displaying the particulars, required by the Rural Lands Protection Regulation 2010, as in force immediately before repeal of that regulation, is taken to be a stock zone sign that complies with subsection (1).

79 Authority to display stock zone signs

79 Authority to display stock zone signs

(1) If a person with an obligation under section 76 or 77 to display a stock zone sign fails to display the sign, the sign may be displayed by—

(a) a roads authority, or

(b) a person acting under the authority of a roads authority.

(2) A person must not display a stock zone sign unless authorised to do so under this part.

Maximum penalty—20 penalty units.

80 Directions to remove temporary stock zone signs

80 Directions to remove temporary stock zone signs

(1) If Local Land Services considers that a sign displayed under section 76 or 77 does not relate to stock on or near a road, Local Land Services may—

(a) remove the sign, or

(b) direct the person who displayed the sign to remove the sign within a specified time.

(2) A person given a direction under this section must comply with the direction.

Maximum penalty—10 penalty units.

81 Owners of stock must use stock zones to avoid road risk

81 Owners of stock must use stock zones to avoid road risk

(1) A person who owns or has charge of stock that are being walked or grazed on or near a public road must ensure the stock are in a stock zone if it is reasonably foreseeable that the stock may pose a risk to a person, animal or vehicle on the road.

Maximum penalty—20 penalty units.

(2) A person who owns or has charge of stock that are being walked or grazed on or near a public road must ensure, as far as reasonably practicable, the stock do not pose a hazard to a person, animal or vehicle on the road.

Maximum penalty—10 penalty units.

82 Drivers must give way to stock in stock zones

82 Drivers must give way to stock in stock zones

The driver of a vehicle must give way to stock, including animals and vehicles accompanying the stock, in a stock zone.

Maximum penalty—20 penalty units.

83 Authorised use of public roads—the Act, s 73(2)

83 Authorised use of public roads—the Act, s 73(2)

A person who owns or has charge of stock is not guilty of an offence under the Act, section 73 if—

(a) the stock are being walked or grazed at the rate of travel required by section 94(1), and

(b) one of the following applies—

(i) the stock are camels or horses being ridden or led in daylight,

(ii) the stock are drawing, or being led by, a vehicle in daylight,

(iii) the person is moving the stock in an emergency,

(iv) the person is moving the stock, in daylight, from a part of a holding that is separated from another part of the holding only by the road,

(v) the person is moving dairy cows—

(A) between sunset and sunrise, and

(B) from a part of a holding that is separated from another part of the holding only by the road, and

(C) for the shortest practicable distance,

(vi) the person is authorised to walk or graze the stock under the Crown Land Management Act 2016 or another Act or law.

84 Authorised recreational use of travelling stock reserves—the Act, s 74(1)

84 Authorised recreational use of travelling stock reserves—the Act, s 74(1)

(1) The following recreational activities are prescribed—

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

(b) cycling,

(c) swimming,

(d) fishing,

(e) camel or horse riding,

(f) picnicking.

(2) This section does not apply—

(a) to a part of a travelling stock reserve in the Western Division, or

(b) to a stock watering place, or

(c) if Local Land Services has made a closure order under the Act, section 70(1)(b) for the part of the travelling stock reserve being used.

85 Control of stock—the Act, s 206(2)(g) and (i)

85 Control of stock—the Act, s 206(2)(g) and (i)

(1) A person in charge of stock on a travelling stock reserve must ensure, as far as reasonably practicable, that the stock do not—

(a) pose a risk to the general public or other animals, or

(b) cause damage to adjacent property.

Maximum penalty—20 penalty units.

(2) A person in charge of travelling stock on a travelling stock reserve through which an unfenced public road passes must ensure, as far as practicable, that the stock do not move onto the carriageway of the road between sunset and sunrise.

Maximum penalty—20 penalty units.

86 Signs—the Act, s 206(2)(i)

86 Signs—the Act, s 206(2)(i)

(1) Local Land Services may erect a sign on a travelling stock reserve to inform users of the stock reserve of activities prohibited under the Act, this regulation or another law.

(2) A person must not, without reasonable excuse, remove, damage or interfere with a sign erected under this section.

Maximum penalty—10 penalty units.

87 Offences on travelling stock reserves—the Act, s 206(2)(i)

87 Offences on travelling stock reserves—the Act, s 206(2)(i)

(1) A person must not, without reasonable excuse, interfere with stock or beehives kept on a travelling stock reserve.

Maximum penalty—20 penalty units.

(2) A person must not, without reasonable excuse, damage or interfere with a structure or object that forms part of, or is kept on, a travelling stock reserve.

Maximum penalty—20 penalty units.

(3) A person must not, without reasonable excuse, remove water, soil, sand, clay, gravel or other material from a travelling stock reserve.

Maximum penalty—20 penalty units.

(4) A person must not, without reasonable excuse, leave anything on a travelling stock reserve.

Maximum penalty—

(a) for an animal carcass—50 penalty units for the first animal carcass and a further penalty of 5 penalty units for each additional carcass, or

(b) otherwise—50 penalty units.

(5) A person must not do the following on a travelling stock reserve unless authorised by a permit issued under the Act, section 77 or 78—

(a) use water provided for stock or stock management,

(b) divert, or interfere with the natural flow of, water,

(c) swim or bathe in a water tank or dam,

(d) light a fire contrary to a sign prominently displayed in, or near the entrance to, the reserve.

Maximum penalty—10 penalty units.

88 Directions from authorised officers—the Act, s 206(2)(i)

88 Directions from authorised officers—the Act, s 206(2)(i)

(1) An authorised officer may direct a person the authorised officer reasonably suspects is committing or has committed an offence against the Act or this regulation on a travelling stock reserve to leave the reserve.

(2) The person must not, without reasonable excuse, fail to comply with the direction given to the person.

Maximum penalty—5 penalty units.

89 Duty of occupiers of adjoining land to prevent damage—the Act, s 206(2)(i)

89 Duty of occupiers of adjoining land to prevent damage—the Act, s 206(2)(i)

(1) This section applies to an occupier of land adjoining an unfenced public road or travelling stock reserve who is given at least 24 hours notice by a person who owns or has charge of travelling stock that the stock will be walked or grazed on the road or reserve.

(2) The occupier must take all reasonably practicable steps to prevent the stock from causing damage to the land or anything on the land.

90 Interest on fencing work costs—the Act, s 97(2)(c)

90 Interest on fencing work costs—the Act, s 97(2)(c)

The prescribed interest rate is 2% more than the Commonwealth Bank’s overdraft index rate for businesses as at 1 January of the relevant year.

91 Applications for permits—the Act, s 79(1)

91 Applications for permits—the Act, s 79(1)

(1) An application for a permit may be made—

(a) orally, or

(b) in the approved form.

(2) An applicant who makes an oral application must, if directed to do so by Local Land Services, confirm the application in writing.

(3) An application for a stock permit must be made at least 2 working days before the stock walk or graze on, or are transported onto, the public road or travelling stock reserve, unless Local Land Services otherwise agrees.

(4) If the fee for a stock permit that solely authorises a person to graze stock on a controlled travelling stock reserve is determined by an acquisition process, only the person successful in the acquisition process is taken to have made an application for the permit.

92 Application fees—the Act, s 79(2)

92 Application fees—the Act, s 79(2)

(1) For the Act, section 79(2)(c) and (d)(ii), the following fees are prescribed—

(a) for cattle or deer—$1 per day for each animal,

(b) for horses and camels—$2 per day for each animal,

(c) for small stock—$1 per day for each 10 or fewer animals.

(2) Local Land Services must not determine a fee for a permit by an acquisition process unless satisfied the process is fair and reasonable.

(3) For the Act, section 79(2)(e), the prescribed fee is $20 per year.

(4) Local Land Services may refund a fee or part of a fee paid for a permit if the permit is cancelled or suspended.

93 Permit conditions—requests by authorised officers—the Act, s 83(1)

93 Permit conditions—requests by authorised officers—the Act, s 83(1)

It is a condition of a permit that the holder must—

(a) produce the permit for inspection if requested by an authorised officer, and

(b) comply with a reasonable request made, or direction given, by an authorised officer.

94 Permit conditions—rate of travel—the Act, s 83(1)

94 Permit conditions—rate of travel—the Act, s 83(1)

(1) It is a condition of a stock permit authorising a person to walk stock on a public road or travelling stock reserve on a journey of more than 24 hours that the stock travel at least 10km each day (the required rate of travel) toward the destination recorded on the permit.

(2) The holder does not contravene the condition if—

(a) the stock are prevented from travelling at the required rate of travel because of bad weather, fire, flood or another unforeseeable circumstance, or

(b) the holder has—

(i) been given approval to travel at a slower rate under this section, and

(ii) paid the fee for the approval specified in this section.

(3) An authorised officer may approve travel at a slower rate, for all or some of the stock, if the authorised officer considers the slower rate appropriate.

(4) The approval may be given subject to conditions specified by the authorised officer.

(5) The authorised officer must record details of the approval, including any conditions, on the relevant permit.

(6) The fee payable for the approval is—

(a) for small stock—$4 per day for each 100 or fewer animals, and

(b) for large stock—$4 per day for each 10 or fewer animals.

(7) An authorised officer may order that stock unfit to travel at the required rate of travel be culled.

(8) The holder in charge of the stock ordered to be culled must ensure the stock are immediately removed from the relevant public road or travelling stock reserve.

Maximum penalty—10 penalty units.

Division 5 Notice and impounding obligations of Local Land Services—the Act, ss 100–102 and 105

Division 5 Notice and impounding obligations of Local Land Services—the Act, ss 100–102 and 105

95 Notice of pesticide or chemical application—the Act, s 100(1)

95 Notice of pesticide or chemical application—the Act, s 100(1)

(1) Notice that a pesticide or chemical will be applied to a controlled travelling stock reserve must be given by a warning sign that is prominently displayed in, or near the entrance to, the reserve before the pesticide or chemical is applied.

(2) The warning sign must continue to be prominently displayed in, or near the entrance to, the reserve for at least—

(a) if a sign is required to be displayed by a pesticide control order in force under the Pesticides Act 1999 or a permit in force under the Agvet Code—the minimum period specified in the order or permit, or

(b) otherwise—the period determined by Local Land Services.

(3) In making a determination under subsection (2)(b), Local Land Services must take into account the withholding period specified for the pesticide or chemical in a label registered or approved under the Pesticides Act 1999 or the Agvet Code.

(4) A warning sign displayed under this section must—

(a) be weatherproof, and

(b) contain a prominent warning that the pesticide or chemical will be, or has been, applied to the controlled travelling stock reserve.

(5) In this section—

Agvet Code means the provisions applying because of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994, section 5.

96 Notice of diseased travelling stock—the Act, s 101(1)

96 Notice of diseased travelling stock—the Act, s 101(1)

(1) Notice must be given by—

(a) publishing the notice in a way Local Land Services is satisfied is likely to bring the notice to the attention of the general public in the relevant region, and

(b) including in all relevant stock permits a notice that stock infected with a specified disease were walked or grazed on the road or reserve during the specified period.

(2) A published notice must—

(a) specify the disease with which the stock were infected, and

(b) state that stock infected with the disease were walked or grazed on the road or reserve during the specified period.

(3) In this section—

relevant stock permit means a stock permit issued by Local Land Services authorising a person to walk or graze susceptible stock on the road or reserve.

susceptible stock means stock that Local Land Services knows, or ought reasonably to know, are susceptible to the specified disease.

97 Impounding beehives—the Act, s 102(2) and (3)

97 Impounding beehives—the Act, s 102(2) and (3)

(1) An authorised officer may impound beehives in accordance with this section.

(2) The authorised officer may keep the impounded beehives—

(a) on the controlled travelling stock reserve, or

(b) at a place owned or under the control of Local Land Services, or

(c) on other land with the permission of the owner of the land.

(3) The authorised officer must, as soon as practicable after impounding the beehives, make all reasonable inquiries to obtain the name and address of the owner of the beehives.

(4) The authorised officer must inform Local Land Services of the name and address of the owner of the impounded beehives, if known.

(5) If Local Land Services knows the name and address of the owner of impounded beehives, Local Land Services must give the owner written notice that, unless claimed within a specified period after the notice is given, the beehives will be sold or otherwise disposed of.

(6) The specified period must be at least 7 days.

(7) Local Land Services may sell or otherwise dispose of impounded beehives—

(a) if the name and address of the owner of the beehives is not known—7 days after the authorised officer impounds the beehives, or

(b) if notice is given to the owner under subsection (5) and the beehives have not been claimed—after the end of the specified period.

(8) Local Land Services must release the impounded beehives to a person Local Land Services is satisfied is the owner of the beehives, or is authorised by the owner to claim the beehives on the owner’s behalf, if the person—

(a) claims the beehives within the specified period, and

(b) pays the prescribed impounding fee.

(9) The prescribed impounding fee is $200.

(10) In this section—

beehive includes the bees in the beehive.

98 Notice of exemption or cancellation of exemption—the Act, s 105(4)

98 Notice of exemption or cancellation of exemption—the Act, s 105(4)

(1) Local Land Services must give notice of an exemption or the cancellation of an exemption—

(a) for the exemption of a named person—by giving the person written notice of the exemption or cancellation, or

(b) for the exemption of a class of persons—by publishing a notice of the exemption or cancellation—

(i) in the Gazette, and

(ii) in another way Local Land Services believes is likely to bring the notice to the attention of the general public in the relevant region.

(2) If the exemption or cancellation applies to 2 or more occupiers of the same land, notice given to 1 of the occupiers is taken to have been given to all occupiers.

Part 8 Stock watering places

Part 8 Stock watering places

99 Controlling authorities—the Act, s 108(2)(a)

99 Controlling authorities—the Act, s 108(2)(a)

Cobar Shire Council is the controlling authority of the following stock watering places—

(a) Stock Watering Place No. 19, known as Nullamut Tank,

(b) Stock Watering Place No. 27, known as Nymagee Tank,

(c) Stock Watering Place No. 927, known as Elouera Tank.

100 Maximum lease period—the Act, s 111(2)

100 Maximum lease period—the Act, s 111(2)

The prescribed period is 15 years.

101 Supply of water—the Act, ss 112(a) and 206(2)(a) and (j)

101 Supply of water—the Act, ss 112(a) and 206(2)(a) and (j)

(1) For the Act, section 112(a), the following classes of persons who have paid the relevant fee are prescribed—

(a) persons requiring water for household purposes,

(b) persons requiring water for human use, including washing and food preparation, in connection with a commercial purpose,

(c) drivers of vehicles that require water to operate,

(d) government agencies and local authorities that have obtained the approval of the relevant controlling authority to use water from the stock watering place in the construction, improvement or maintenance of public roads.

(2) For the Act, section 112(a), the following classes of stock are prescribed, if the relevant fee has been paid by or for the person responsible for the stock—

(a) horses accompanied by riders,

(b) travelling stock subject to a stock permit,

(c) travelling stock subject to an order, biosecurity direction or permit under the Biosecurity Act 2015,

(d) stock being agisted by the lessee of a stock watering place in accordance with the terms of the lease.

(3) In this section—

household purposes—

(a) includes protection from fire, and

(b) excludes gardening, window cleaning and other external household purposes.

relevant fee means the fee—

(a) determined by and published on the website of the controlling authority, and

(b) not exceeding the maximum fee determined by and published on the website of Local Land Services.

102 Offence to obtain water if level low—the Act, s 206(2)(j)

102 Offence to obtain water if level low—the Act, s 206(2)(j)

If a depth measuring gauge installed by the controlling authority in water storage works at a stock watering place indicates the water level is below the minimum level indicated on the gauge, a person must—

(a) not take water from the water storage works, and

(b) take all reasonable steps to prevent stock in the person’s charge from drinking water from the water storage works.

Maximum penalty—10 penalty units.

Part 9 Transportation of stock

Part 9 Transportation of stock

103 Animals declared to be stock—the Act, s 118

103 Animals declared to be stock—the Act, s 118

For the Act, section 118, definition of stock, paragraph (c), the following animals are declared—

(a) goats,

(b) horses,

(c) Antilope cervicapra, commonly known as blackbuck,

(d) Bison bison, commonly known as American bison, plains bison, wood bison, woodland bison or buffalo,

(e) Bos javanicus, commonly known as banteng or tembadau,

(f) Bubalus bubalis, commonly known as Asian water buffalo, domestic water buffalo or water buffalo,

(g) Camelus dromedarius, commonly known as Arabian camel, dromedary, dromedary camel or one-humped camel,

(h) Lama guanicoe, commonly known as guanaco,

(i) farmed deer of the following species—

(i) Axis axis, commonly known as chital deer,

(ii) Axis porcinus, commonly known as hog deer,

(iii) Cervus elaphus, commonly known as red deer,

(iv) Dama dama, commonly known as fallow deer,

(v) Rusa timorensis, commonly known as rusa deer,

(vi) Rusa unicolor, commonly known as sambar deer.

104 Stock transportation particulars—the Act, s 119(1)(h)

104 Stock transportation particulars—the Act, s 119(1)(h)

The following particulars are prescribed—

(a) the name and telephone number of the individual in charge of the stock during transportation,

(b) the registration number of each vehicle used to transport the stock.

105 Exceptions to restrictions on transport of stock by vehicle on road—the Act, s 120(5)(d)

105 Exceptions to restrictions on transport of stock by vehicle on road—the Act, s 120(5)(d)

The following circumstances are prescribed—

(a) the transport of racehorses or harness racing horses,

(b) the transport of working horses,

(c) the transport of horses to or from an agricultural show, exhibition, gymkhana, pony club meeting or other similar event.

Part 10 Miscellaneous

Part 10 Miscellaneous

106 Tenure bonds—the Act, ss 57 and 206(2)(a)

106 Tenure bonds—the Act, ss 57 and 206(2)(a)

(1) A government agency or other public authority that grants short tenure of Crown land must notify Local Land Services as soon as practicable after granting the tenure.

(2) The grantee must, within 14 days after the tenure commences, give Local Land Services notice in the approved form, accompanied by a tenure bond.

Maximum penalty—20 penalty units.

(3) The tenure bond must be for the reasonable amount determined by Local Land Services.

(4) At the end of the tenure, Local Land Services—

(a) may take money from the tenure bond for unpaid rates, charges and other amounts owed to Local Land Services by the grantee for the relevant Crown land, and

(b) must refund the balance to the grantee.

(5) In this section—

grantee means a person granted short tenure of Crown land.

short tenure, of Crown land, means—

(a) a lease of the land from the Crown for a term of no more than 3 years, or

(b) a licence for the land from the Crown.

tenure bond means a bond paid to secure Local Land Services against a failure of a grantee to pay rates, charges and other amounts owed to Local Land Services for the relevant Crown land.

107 Unattended stock—the Act, s 115(b)

107 Unattended stock—the Act, s 115(b)

Stock are not unattended for the Public Spaces (Unattended Property) Act 2021, sections 18(2)(d) and 37(4)(d) if the stock are unattended—

(a) because of an emergency preventing the person in charge of the stock from attending the stock, or

(b) while the person in charge of the stock is—

(i) moving a stock warning sign, or

(ii) taking other action necessary for the wellbeing of the stock or required by law.

108 Identification cards for authorised officers—the Act, s 169(4)(f)

108 Identification cards for authorised officers—the Act, s 169(4)(f)

The prescribed person is—

(a) for an authorised officer appointed by Local Land Services—the Chair of Local Land Services, or

(b) for an authorised officer appointed by the Minister—the Minister, or

(c) for an authorised officer appointed by the Secretary—the Secretary.

109 Penalty notice offences—the Act, s 189(2) and (4)

109 Penalty notice offences—the Act, s 189(2) and (4)

(1) Each offence created by a provision specified in Schedule 4 is an offence for which a penalty notice may be issued and the amount payable for the penalty notice is the amount specified opposite the provision.

(2) If the provision is qualified by words that restrict operation of the provision to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

(a) the limited kind of offence, or

(b) an offence committed in the limited circumstances.

110 Certificates relating to rates, charges and other matters—the Act, s 203

110 Certificates relating to rates, charges and other matters—the Act, s 203

(1) For the Act, section 203(1)(c), a person may apply to Local Land Services for a certificate about the following—

(a) whether Local Land Services has made orders under the Act in relation to certain land,

(b) whether an authority under either of the following Acts, as in force immediately before the repeal of that Act, has made orders under that Act in relation to certain land—

(i) the Rural Lands Protection Act 1998,

(ii) the Catchment Management Authorities Act 2003,

(c) whether the annual returns required to be lodged in relation to certain land for the current and preceding year have been lodged,

(d) whether orders made under the Stock Diseases Act 1923 or the Stock (Chemical Residues) Act 1975 in relation to certain land are, despite the repeal of those Acts, still in force, and, if so, the details of the orders.

(2) For the Act, section 203(2), the prescribed fee is—

(a) for an application for a certificate relating to catchment contributions—the approved fee for a certificate issued under the Local Government Act 1993, section 603 for the land, or

(b) otherwise—$60.

111 Certificates relating to animals—the Act, s 206(2)(m)

111 Certificates relating to animals—the Act, s 206(2)(m)

A certificate signed by an authorised officer and stating that an animal to which the certificate relates is an animal of a particular kind is admissible in proceedings for an offence under this regulation as evidence that the animal is an animal of that kind.

112 Savings

112 Savings

An act, matter or thing that, immediately before the repeal of the Local Land Services Regulation 2014, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Local board elections

Schedule 1 Local board elections

section 5

Sch 1 Part 1 Preliminary

Part 1 Preliminary

Sch 1 s 1 Definitions

1 Definitions

In this schedule—

close of nominations, for an election, means the time and date, set by the returning officer, until which nominations may be made.

close of the ballot, for an election, means the time and date, set by the returning officer, until which a person may vote in the election.

election means an election for one or more members of a local board.

nominee means an individual who—

(a) is at least 18 years of age, and

(b) is nominated by the ratepayers for a holding to vote on the ratepayers’ behalf.

roll means the roll prepared under section 3.

voter means a person who has cast a vote.

Sch 1 s 2 Returning officer

2 Returning officer

(1) Local Land Services must appoint an individual as returning officer to conduct the election for each region.

(2) An individual may be appointed as returning officer for the election for more than one region.

(3) When conducting an election, the returning officer may determine a matter not otherwise provided for by the Act or this regulation.

(4) The returning officer may delegate a function, other than this power of delegation, to an individual who is not a candidate in the election.

Sch 1 s 3 Roll

3 Roll

(1) The returning officer for each election must prepare a roll of ratepayers containing the following for each ratepayer—

(a) the ratepayer’s name and postal address,

(b) if the ratepayer has consented to receiving election notices and other documents by email—the ratepayer’s email address.

(2) The returning officer must make the roll publicly available for inspection at no cost for a minimum of 42 days before the close of the ballot.

(3) A ratepayer may, not less than 14 days before the close of the ballot, notify the returning officer of an error in the ratepayer’s entry in the roll.

Sch 1 Part 2 Voting entitlements

Part 2 Voting entitlements

Sch 1 s 4 Who may vote in an election

4 Who may vote in an election

(1) The following persons may vote in an election—

(a) if there is a single ratepayer for a holding—

(i) if the ratepayer is an individual at least 18 years of age—the ratepayer, or

(ii) otherwise—a nominee,

(b) if there are 2 or more ratepayers for a holding—a nominee.

(2) An individual may vote as a nominee for more than one holding.

Sch 1 s 5 Ratepayers with more than one holding

5 Ratepayers with more than one holding

(1) If a ratepayer occupies 2 or more holdings, the ratepayer may only cast one vote in the election regardless of the number of holdings.

(2) If a group of 2 or more ratepayers occupies 2 or more holdings, the group, or an individual authorised by the group, may only cast one vote in the election regardless of the number of holdings.

(3) This section does not prevent an individual from voting on one or more occasions as the nominee of ratepayers for holdings of which the individual is not a ratepayer.

Sch 1 Part 3 Conduct of elections

Part 3 Conduct of elections

Sch 1 Division 1 Preliminary

Division 1 Preliminary

Sch 1 s 6 General election

6 General election

A general election for the elected members of a local board must be held in time for the members elected at the election to take office immediately after the term of office of the retiring elected members of the board expires.

Sch 1 s 7 Delayed election

7 Delayed election

(1) If, in the Minister’s opinion, it would be impractical or inconvenient to hold a general election as required by section 6, the Minister may, by order published in the Gazette, appoint a later day by which a general election must be held.

(2) If a later day is appointed, the retiring elected members continue in office until the result of the election held on that day is determined, and if an elected member resigns in the meantime, the office is vacant until the result is determined.

Sch 1 s 8 Notice of election

8 Notice of election

(1) As soon as practicable after determining that an election is due to be held, Local Land Services must notify the returning officer that an election is due.

(2) As soon as practicable after being notified that an election is due, the returning officer must give notice that an election will be held—

(a) by publishing a notice, in a way approved by Local Land Services, on a website maintained by Local Land Services, and

(b) by displaying the notice—

(i) in a prominent place in the office of the local board, or

(ii) on a community notice board at a public place within the region, and

(c) in the other ways the returning officer considers appropriate.

(3) In addition to specifying that an election will be held, the notice must state the following—

(a) the region involved,

(b) the number of members to be elected,

(c) that nominations are called for and the closing date for nominations,

(d) where the roll may be inspected,

(e) the date of the close of the ballot,

(f) how and when a voting pack for the election may be obtained.

Sch 1 Division 2 Candidates

Division 2 Candidates

Sch 1 s 9 Nomination

9 Nomination

(1) A person eligible to be elected as a member of a local board may nominate a candidate, including themselves, for election to the board.

Note—

This regulation, section 7 sets out eligibility criteria for nomination.

(2) A nomination must—

(a) be made in the way and the form approved by the returning officer, and

(b) be lodged with the returning officer before the close of nominations, and

(c) include the following—

(i) the candidate’s name,

(ii) the candidate’s residential address,

(iii) a statement signed by the candidate that the candidate—

(A) consents to the nomination, and

(B) consents to the information in the nomination being used by the returning officer to compile a candidate information sheet, and

(C) is at least 18 years of age.

(3) Each candidate must be nominated in a separate nomination.

Sch 1 s 10 Receipt and processing of nominations

10 Receipt and processing of nominations

(1) On receipt of a nomination, the returning officer must—

(a) sign the nomination, and

(b) endorse the nomination with the date and time of receipt.

(2) The returning officer must reject a nomination that does not comply with section 9.

(3) The returning officer must notify a candidate whether the candidate’s nomination has been accepted or rejected—

(a) as soon as practicable after the nomination is received, and

(b) before the first voting pack for an election is given under section 13.

(4) A candidate may, by written notice signed by the candidate, withdraw or decline a nomination at any time before the close of nominations.

Sch 1 s 11 Candidate information sheet

11 Candidate information sheet

(1) The returning officer must, using the information given by each candidate, prepare a candidate information sheet.

(2) The returning officer may omit or, with the consent of the candidate, correct information submitted by the candidate that the returning officer considers to be—

(a) false or misleading, or

(b) inappropriate for inclusion in the candidate information sheet.

(3) The names of the candidates must be listed on the candidate information sheet in the same order as the names are listed on the ballot paper for the election.

Sch 1 s 12 Death of candidate

12 Death of candidate

If a candidate dies after the close of nominations and before the close of the ballot—

(a) the returning officer must publish notice of the death, in a way approved by Local Land Services, on a website maintained by Local Land Services, and

(b) if there are no other eligible candidates in the election—the election fails and all functions taken by the returning officer under this part must be taken again.

Sch 1 Division 3 Voting pack

Division 3 Voting pack

Sch 1 s 13 Obtaining voting pack

13 Obtaining voting pack

(1) The returning officer must give a voting pack to a person who—

(a) is entitled to vote in the election, and

(b) requests a pack.

(2) The voting pack must be given to the person as follows—

(a) if the person has consented to receiving notices and other documents by email or requests an electronic voting pack—electronically,

(b) otherwise—by mail.

Sch 1 s 14 Content of voting pack

14 Content of voting pack

(1) If a voting pack is given to a person electronically, the returning officer must include the following in the voting pack—

(a) a candidate information sheet that complies with section 11,

(b) a sample declaration form that complies with section 15,

(c) a sample ballot paper that complies with section 16,

(d) instructions for voting electronically that comply with section 17.

(2) If a voting pack is given to a person by mail, the returning officer must include the following in the voting pack—

(a) a candidate information sheet that complies with section 11,

(b) a declaration form that complies with section 15,

(c) a ballot paper that complies with section 16,

(d) instructions for voting electronically that comply with section 17,

(e) instructions for voting by mail that comply with section 18,

(f) an envelope marked “Ballot Paper”,

(g) a prepaid envelope addressed to the returning officer.

Sch 1 s 15 Declaration form

15 Declaration form

A declaration form must require the person voting to state the following information—

(a) the person’s name,

(b) that the person is an individual at least 18 years of age,

(c) that the person is a ratepayer, or the nominee of a ratepayer, of a holding in the region consisting wholly or partly of rateable land,

(d) if the person is voting in the person’s capacity as a ratepayer—that the person has not yet voted in the election in the person’s capacity as a ratepayer.

Sch 1 s 16 Ballot paper

16 Ballot paper

(1) A ballot paper must contain the names of the candidates for the election arranged in an order determined by the returning officer by drawing lots.

(2) A ballot paper must contain a box opposite and to the left of the name of each candidate.

Sch 1 s 17 Instructions for voting electronically

17 Instructions for voting electronically

The instructions for voting electronically must include the following information—

(a) the date and time for the close of the ballot,

(b) the address of the voting website,

(c) the name of the person as the name appears on the roll,

(d) the password required to enable the person to access the voting website,

(e) instructions for casting a valid vote,

(f) that to vote in the election the person must—

(i) complete and submit the electronic declaration form, and

(ii) mark the electronic ballot paper next to the names of the person’s preferred candidates, not being more than the number of persons to be elected in the election, and submit the electronic ballot paper,

(g) other information the returning officer considers appropriate.

Sch 1 s 18 Instructions for voting by mail

18 Instructions for voting by mail

The instructions for voting by mail must include the following information—

(a) the date for the close of the ballot,

(b) instructions on how to cast a valid vote,

(c) that to vote in the election the person must—

(i) complete the declaration form, and

(ii) mark the ballot paper next to the names of the person’s preferred candidates, not being more than the number of persons to be elected in the election, and

(iii) seal the ballot paper in the envelope marked “Ballot Paper”, and

(iv) seal the declaration form and envelope marked “Ballot Paper” in the prepaid envelope addressed to the returning officer, and

(v) send the prepaid envelope by mail, or deliver the envelope to the returning officer, so that the returning officer receives the envelope no later than the time and date for the close of the ballot,

(d) other information the returning officer considers appropriate.

Sch 1 Division 4 Ballot

Division 4 Ballot

Sch 1 s 19 Uncontested elections

19 Uncontested elections

If, at the close of nominations, the number of candidates whose nominations have been accepted by the returning officer is not more than the number of persons to be elected, each of the candidates is taken to be elected without a ballot being held.

Sch 1 s 20 Contested elections

20 Contested elections

If, at the close of nominations, the number of candidates whose nominations have been accepted is more than the number of persons to be elected, a ballot must be held.

Sch 1 s 21 Conduct of ballot

21 Conduct of ballot

The returning officer must conduct a ballot by—

(a) notifying ratepayers—

(i) that a ballot must be held, and

(ii) how and when a voting pack may be obtained, and

(b) giving a voting pack to each person who is entitled to vote in the election who requests a pack, and

(c) requiring persons who wish to vote in the election to do so by prepaid mail or electronically.

Sch 1 s 22 Electronic voting

22 Electronic voting

(1) The returning officer must ensure computer and internet facilities for electronic voting are available free of charge at the office of the local board.

(2) The returning officer may make additional arrangements for electronic voting.

(3) If there are errors on a voter’s ballot paper or declaration form, the voting website must—

(a) give the voter a warning message, and

(b) allow the voter to override the warning message and submit the declaration form or ballot paper.

Sch 1 Division 5 Election results

Division 5 Election results

Sch 1 s 23 Determining result

23 Determining result

The result of an election must be determined by the returning officer as soon as practicable after the close of the ballot.

Sch 1 s 24 Scrutineers

24 Scrutineers

(1) Each candidate may nominate one person to be a scrutineer at the election.

(2) If no candidate nominates a scrutineer, the returning officer must appoint a scrutineer.

(3) At least one scrutineer must be present during the initial scrutiny and count for the election.

(4) A candidate must not act as a scrutineer.

Sch 1 s 25 Initial scrutiny—electronic votes

25 Initial scrutiny—electronic votes

(1) At the close of the ballot for an election, the returning officer must, in the presence of the scrutineers who are present, review all electronic declaration forms and ballot papers for the electronic ballot.

(2) An electronic vote is informal if—

(a) the voter has not indicated a clear preference for at least one candidate, or

(b) the vote does not, in the returning officer’s opinion, comply with the requirements of this schedule.

(3) Each informal electronic vote must be recorded by the voting website as an informal vote and the voting website must count the formal electronic votes.

(4) An electronic vote is not informal merely because the number of candidates for which the voter has recorded a vote is fewer than the number of persons to be elected in the election.

Sch 1 s 26 Initial scrutiny—prepaid envelopes

26 Initial scrutiny—prepaid envelopes

(1) At the close of the ballot for an election, the returning officer must, in the presence of the scrutineers who are present—

(a) examine the contents of the prepaid envelopes and reject as informal envelopes that, in the returning officer’s opinion, do not comply with the requirements of this schedule, and

(b) initial the backs of the remaining ballot papers, and

(c) count the remaining ballot papers.

(2) A ballot paper is informal if—

(a) the voter has failed to record a vote in the way directed on the ballot paper, or

(b) the back of the ballot paper has not been initialled by the returning officer.

(3) Despite subsection (2), if, in the returning officer’s opinion, the voter’s intention is clearly indicated on a ballot paper, the ballot paper is not informal merely because—

(a) the ballot paper contains an unnecessary mark, or

(b) the number of candidates for whom the voter has recorded a vote is fewer than the number to be elected in the election.

Sch 1 s 27 Count

27 Count

(1) After the initial scrutiny at an election, the returning officer must—

(a) count the prepaid envelope votes and electronic votes recorded for each candidate, and

(b) count the informal votes, and

(c) determine the result of the count, and

(d) announce the result of the count to the persons present at the scrutiny.

(2) The candidates with the most votes are taken to be elected.

(3) If 2 candidates receive an equal number of votes, the candidate taken to be elected is the candidate whose name is drawn from a lot containing the name of each of the 2 candidates.

Sch 1 s 28 More than 1 ballot paper

28 More than 1 ballot paper

(1) If the returning officer receives more than 1 ballot paper from a ratepayer, or more than 1 ballot paper for a holding, the returning officer must compare the ballot papers.

(2) If the ballot papers are—

(a) consistent—the returning officer must count 1 ballot paper only, or

(b) inconsistent—the returning officer must reject the ballot papers.

Sch 1 s 29 Recount

29 Recount

(1) A candidate present at the scrutiny when the returning officer announces the result of the count may request a recount.

(2) If a request is made by a candidate present at the scrutiny, the returning officer must—

(a) recount the votes, and

(b) announce the result of the recount to the persons present.

Sch 1 s 30 Declaration of result

30 Declaration of result

(1) As soon as practicable after counting the votes in an election, the returning officer must notify Local Land Services, in writing, of the candidate or candidates elected.

(2) The returning officer must ensure notice of the candidate or candidates elected in the election to be published in one or both of the following ways—

(a) on the Local Land Services website,

(b) in a way approved in writing by Local Land Services, having regard to the object of bringing notices of that kind to the attention of members of the public in the relevant region.

Sch 1 Division 6 Disputes

Division 6 Disputes

Sch 1 s 31 Disputing election

31 Disputing election

(1) A person dissatisfied with the following may dispute the election—

(a) the conduct of the election,

(b) a decision of a returning officer under this schedule, other than—

(i) a decision about preparation of the roll under section 3, or

(ii) a decision about counting or rejecting a ballot paper under section 28.

(2) An application must—

(a) be made to the Land and Environment Court, and

(b) set out the facts relied on to dispute the election, and

(c) be made within 28 days after the returning officer has publicly declared the result of the election.

Sch 1 s 32 Powers of Land and Environment Court

32 Powers of Land and Environment Court

In determining an application under this division, the Land and Environment Court has the powers conferred on the Court of Disputed Returns by the Electoral Act 2017, section 225.

Sch 1 s 33 Right of returning officer to be represented

33 Right of returning officer to be represented

The returning officer is entitled to be represented at the hearing of an application under this division.

Sch 1 s 34 Procedure

34 Procedure

(1) The procedure of the Land and Environment Court when hearing an application under this division must be determined by rules of court or, in the absence of rules of court, by the Court or a judge of the Court.

(2) The Land and Environment Court is not bound by the rules of evidence.

Sch 1 Division 7 Offences

Division 7 Offences

Sch 1 s 35 Misconduct in voting

35 Misconduct in voting

A person must not—

(a) vote, or attempt to vote, in an election more times than a person’s voting entitlement allows, or

(b) vote, or attempt to vote, in an election in which the person is not entitled to vote, or

(c) make a false or misleading statement—

(i) to the returning officer in connection with an election, or

(ii) in a document that the person submits for the purposes of an election.

Maximum penalty—10 penalty units.

Sch 1 s 36 Obstruction of electoral officials

36 Obstruction of electoral officials

A person must not abuse, hinder or obstruct the returning officer or a scrutineer in the exercise of a function under this schedule.

Maximum penalty—10 penalty units.

Sch 1 s 37 Misconduct by scrutineers

37 Misconduct by scrutineers

(1) A scrutineer must not—

(a) interfere with or influence a person in an election, or

(b) communicate with a person at the counting of a ballot unless necessary for the scrutineer’s functions.

Maximum penalty—10 penalty units.

(2) A scrutineer must obey the lawful directions of the returning officer.

Maximum penalty—10 penalty units.

Sch 1 s 38 Breach of secrecy

38 Breach of secrecy

If the returning officer or a scrutineer knows how a voter has voted in an election, the returning officer or scrutineer must not disclose the information.

Maximum penalty—10 penalty units.

Sch 1 s 39 Stuffing ballot boxes

39 Stuffing ballot boxes

A person must not place in a ballot box anything other than a ballot paper and envelope lawfully issued to the person.

Maximum penalty—10 penalty units.

Sch 1 s 40 Bribery

40 Bribery

A person must not, in relation to an election, do a thing set out in the Electoral Act 2017, section 209.

Maximum penalty—10 penalty units.

Sch 1 s 41 Intimidation

41 Intimidation

A person must not, in relation to an election, do a thing set out in the Electoral Act 2017, section 210.

Maximum penalty—10 penalty units.

Sch 1 Part 4 Miscellaneous

Part 4 Miscellaneous

Sch 1 s 42 Decisions of returning officer final

42 Decisions of returning officer final

If the returning officer is permitted or required by this regulation to make a decision on a matter relating to the taking of a ballot in an election, the decision of the returning officer on the matter is final.

Sch 1 s 43 Election materials

43 Election materials

(1) After the results of an election are declared, the returning officer must—

(a) parcel the marked and unmarked ballot papers, the roll and other papers or envelopes used in the election, and

(b) seal, endorse and sign each parcel and allow any scrutineers present to watch the returning officer carry out those actions and countersign the parcel, and

(c) securely store the parcels and electronic files relevant to the election, for 12 months after the election.

(2) The returning officer must allow inspection of stored election materials—

(a) at the direction of a court, or

(b) if authorised or required by law.

Schedule 2 Category 2-regulated land

Schedule 2 Category 2-regulated land

section 49(3)

Sch 2 s 1

1

Land containing groundcover other than grasslands or low conservation value groundcover.

Sch 2 s 2

2

Land containing native vegetation that must be retained under a condition of an authorisation for a plantation or proposed plantation under the Plantations and Reafforestation Act 1999.

Sch 2 s 3

3

Land containing low conservation value grasslands beneath the canopy or drip line of woody vegetation.

Sch 2 s 4

4

Land that is required, by a condition of a development consent or approval granted under the Environmental Planning and Assessment Act 1979 and of which the Environment Agency Head has been notified, to be set aside—

(a) for conservation, or

(b) for re-vegetation of native vegetation, or

(c) under the biodiversity offsets scheme established under the Biodiversity Conservation Act 2016, Part 6.

Sch 2 s 5

5

Land that is, or has been, the subject of a relevant private native forestry plan.

Sch 2 s 6

6

Land that is the subject of a conservation agreement within the meaning of the National Parks and Wildlife Act 1974.

Sch 2 s 7

7

Land that was, immediately before the repeal of the Native Vegetation Act 2003, the subject of a property vegetation plan, within the meaning of that Act, that required the land to be conserved or that made provision for public funding to improve biodiversity on the land.

Sch 2 s 8

8

Land that was, immediately before the repeal of the Native Vegetation Conservation Act 1997, the subject of a property agreement registered in accordance with that Act, section 44.

Sch 2 s 9

9

Land that was, immediately before the repeal of the Nature Conservation Trust Act 2001, the subject of a Trust agreement within the meaning of that Act.

Sch 2 s 10

10

Land identified by the Environment Agency Head as containing old-growth forests or rainforests, based on mapping undertaken for a Comprehensive Regional Assessment under the National Forest Policy Statement, as agreed between the Commonwealth, State and Territory governments in December 1992, but excluding land containing native vegetation that does not meet the criteria for old-growth forests or rainforests published jointly by the Minister for Agriculture and the Minister for the Environment.

Sch 2 s 11

11

Land that is a Southern Mallee private reserve.

Sch 2 s 12

12

Land, other than land in the Western Division, that is a travelling stock reserve.

Schedule 3 Category 2-sensitive regulated land

Schedule 3 Category 2-sensitive regulated land

section 50(1)

Sch 3 s 1

1

Land required to be designated as category 2-regulated land by the Act, section 60I(2)(c), (d), (f)–(h) or (j)–(m).

Sch 3 s 2

2

Land required to be designated as category 2-regulated land by the Act, section 60I(2)(i), unless the land is identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2.

Sch 3 s 3

3

Land required to be designated as category 2-regulated land by this regulation, section 49(3), but excluding land listed in Schedule 2, items 3, 5, 7 and 12.

Sch 3 s 4

4

Land the subject of a property vegetation plan approved under the Native Vegetation Act 2003, as in force immediately before the repeal of that Act, that requires the land to be conserved or makes provision for public funding to improve biodiversity on the land.

Sch 3 s 5

5

Land containing high conservation value grasslands or other groundcover, as determined by—

(a) a relevant determination, or

(b) a field assessment the Environment Agency Head is satisfied was—

(i) independent, and

(ii) undertaken before the commencement of the Act, Part 5A.

Sch 3 s 6

6

Land recommended for declaration as an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016, section 3.3(1)(a), unless a decision has been made not to proceed with the recommendation.

Schedule 4 Penalty notice offences

Schedule 4 Penalty notice offences

section 109

| Provision | Penalty | | Offences under the Act | | Section 58(1) | $360 | | Section 72 | $900 | | Section 73(1) | $900 | | Section 83(3) | $360 | | Section 84 | $360 | | Section 103(1) or (3) | $180 | | Section 116(1) | $900 | | Section 117 | $900 | | Section 120(1), (2) or (3) | $360 | | Section 121(1), (2) or (3) | $360 | | Section 122(1), (2), (3) or (4) | $360 | | Section 123(4) | $900 | | Section 124(3) | $180 | | Section 192(1) | $180 | | Section 192(2) | $360 | | Section 192(4) | $1,800 | | Section 204(2) | $360 | | Offences under this regulation | | Section 19(1) or (3) | $180 | | Section 76(1), (2), (3) or (4) | $360 | | Section 79(2) | $360 | | Section 80(2) | $180 | | Section 81(1) or (2) | $360 | | Section 82 | $360 | | Section 85(1) or (2) | $360 | | Section 86(2) | $180 | | Section 87(1), (2) or (3) | $360 | | Section 87(4)(a) | for the first carcass—$900, andfor each additional carcass—$90 | | Section 87(4)(b) | $900 | | Section 87(5) | $180 | | Section 88(2) | $90 | | Section 94(8) | $180 | | Section 102 | $180 | | Schedule 1, section 35 | $180 | | Schedule 1, section 36 | $180 | | Schedule 1, section 37(1) or (2) | $180 | | Schedule 1, section 38 | $180 | | Schedule 1, section 39 | $180 |

Schedule 5 Dictionary

Schedule 5 Dictionary

section 3

acquisition process, for Part 7—see section 73(1).

application, for Part 6, Division 4—see section 65.

Authority, for Part 4—see section 27.

catchment contribution area, for Part 4—see section 27.

charging year, for Part 4—see section 27.

close of nominations, for Schedule 1—see Schedule 1, section 1.

close of the ballot, for Schedule 1—see Schedule 1, section 1.

district has the same meaning as in the former RLP Act.

election, for Schedule 1—see Schedule 1, section 1.

former RLP Act has the same meaning as in the Act, Schedule 6, Part 2.

intensive livestock production means the keeping for commercial purposes of stock that are wholly or substantially fed prepared or manufactured feed, except temporary feeding during, and as a result of, drought, fire, flood or similar emergency.

low conservation value grassland means grassland determined to be low conservation value grassland by a relevant determination.

low conservation value groundcover means groundcover, other than grassland, determined to be low conservation value groundcover by a relevant determination.

nominee, for Schedule 1—see Schedule 1, section 1.

notional carrying capacity, for a holding, means the number of stock Local Land Services has assessed may be kept on the holding under Part 3, Division 4.

owner, for Part 4—see section 27.

property identification code, for Part 5—see section 42.

proportionate share, of a rate, contribution or other amount, means the share proportionate to the person’s interest in the land for which the amount is payable.

public road, for Part 7—see section 73(1).

relevant date, for Part 5—see section 42.

relevant determination means a determination made in accordance with the Interim Grasslands and other Groundcover Assessment Method published by the Minister for the Environment in the Gazette on 25 August 2017.

relevant private native forestry plan means—

(a) a private native forestry plan within the meaning of the Act, Part 5B, or

(b) a private native forestry plan approved under the Forestry Act 2012, Part 5C, as in force immediately before the repeal of that part, or

(c) a property vegetation plan approved under the Native Vegetation Act 2003, as in force immediately before the repeal of that Act, that authorised the clearing of native vegetation for forestry operations.

repeal date, for Part 4—see section 27.

repealed Act, for Part 4—see section 27.

roads authority, for Part 7—see section 73(1).

roll, for Schedule 1—see Schedule 1, section 1.

small stock means stock other than large stock.

Southern Mallee private reserve means land in the Balranald or Wentworth local government areas that, under a Western lands lease within the meaning of the Crown Land Management Act 2016, Schedule 3, must be conserved in perpetuity through—

(a) the prohibition of grazing, and

(b) active conservation management.

special purpose rate, for Part 3, Division 2—see section 11.

stock warning sign, for Part 7—see section 73(1).

stock zone, for Part 7—see section 73(1).

stock zone sign, for Part 7—see section 73(1).

the Act means the Local Land Services Act 2013.

Tribunal means the Civil and Administrative Tribunal.

voter, for Schedule 1—see Schedule 1, section 1.