New South Wales regulation

Lord Howe Island Regulation 2014

In ForceNSW

Jurisdiction

New South Wales

Act Number

497 of 2014

Collection

regulation

Plain English Summary

6/10 complexity

These regulations set out how Lord Howe Island is run day-to-day: they govern Board and election procedures, land leases and transfers, licences for tourist and commercial activities, environmental and animal controls, alcohol sales, vehicle and mooring rules, and offences with fines and penalty notices. The Lord Howe Island Board (and the Electoral Commissioner for elections) decide on approvals, inspections and enforcement. The rules create application, record‑keeping and compliance obligations for residents, businesses and visitors; tourists face a $50 charge unless exempt.

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What it does

This instrument is the Lord Howe Island Regulation 2014 (the Regulation). It commenced on 1 September 2014 and replaced the Lord Howe Island Regulation 2004 (cl 1; cl 2). Mechanically, the Regulation:

Prescribes administrative processes for Board decisions and applications (approvals, licences, leases and related forms) including the forms to be used (cl 3(2); Schedule 1) and the Island office as the lodgement point (cl 5(b)).
Sets a detailed electoral regime for Board elections that supplements the Lord Howe Island Act 1953 (the Act): appointment and delegation of electoral officials (cls 7-8), calling of elections and notice periods (cl 10), roll and nomination processes (cls 12-13), voting methods (cls 16, 29-30), postal and pre-poll voting procedures (cls 17-20), scrutiny and counting rules (cls 26-31), and offences relating to electoral conduct (cls 36, 33, 35).
Regulates leases of Island land: applications and prescribed lease forms (cls 37-38), transfers, subleases and surrenders (cls 39-42), a formula for annual rent and indexation (cl 43), pensioner rent reductions (cl 44), register and public inspection of lease records (cl 45), appeal period to the Land and Environment Court (cl 46), and prescribed fees (cl 47; Schedule 2).
Creates a licensing regime for tourist accommodation and other commercial undertakings requiring licences from the Board (cls 48-55), with inspection, conditions, transfer rules, suspension and cancellation powers (cls 49-54).
Protects natural resources and biodiversity through offences and a permission regime for removal/importation of coral, flora and fauna, seeds and plants, animals, and restricted species including specific invertebrates (cls 56-65). It provides seizure and disposal powers for illegal imports (cl 63).

Current sections

Direct links to the current provisions in Lord Howe Island Regulation 2014.

126

Part 1

Preliminary

Part 1 Preliminary

Name of Regulation

1 Name of Regulation

This Regulation is the Lord Howe Island Regulation 2014.

Commencement

2 Commencement

This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Lord Howe Island Regulation 2004, which is repealed on 1 September 2014 under section 10 (2) of the Subordinate Legislation Act 1989.

Interpretation

3 Interpretation

(1) In this Regulation—

function includes a power, authority or duty, and exercise a function includes perform a duty.

the Act means the Lord Howe Island Act 1953.

Note.

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

(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.

(3) Notes included in this Regulation do not form part of this Regulation.

Approvals

4 Approvals

(1) The Board may determine an application for an approval referred to in this Regulation.

(2) The provisions of the Local Government Act 1993 applicable to approvals and the making and determination of applications for approvals apply to an approval, and to the making and determination of an application for an approval, referred to in this Regulation. Those provisions apply as if references in that Act to—

(a) a council were references to the Board, and

(b) an approved fee were references to the fee for the time being fixed by the Board under section 15 of the Act for the matter concerned, and

(c) a penalty were references to a penalty not exceeding 50 penalty units.

Applications

5 Applications

An application under Part 4 of the Act or under Part 3 of this Regulation or for the granting by the Board of licences referred to in Part 4 of this Regulation must—

(a) if no form is otherwise prescribed by this Regulation, be made in a form approved by the Board for the purpose, and

(b) be lodged at the Island office of the Board, and

(c) be signed by the applicant, and

(d) be accompanied by the fee for the time being fixed by the Board under section 15 of the Act or specified in Schedule 2 (as the case requires).

Part 2

Elections

Part 2 Elections

Division 1

Preliminary

Division 1 Preliminary

Definitions

6 Definitions

In this Part—

close of nominations for an election means the final time and date fixed by the returning officer for the close of nominations in the election.

election means an election under Division 3 of Part 2 of the Act.

election notice for an election means the notice published in respect of the election under clause 10.

elector for an election means a person whose name appears on the roll for the election.

polling day for an election means the final time and date fixed by the returning officer for the taking of the poll in the election.

roll for an election means a roll of electors prepared and certified in accordance with clause 12 in respect of the election.

Appointment of returning officer and other electoral officials

7 Appointment of returning officer and other electoral officials

The Electoral Commissioner must appoint—

(a) a returning officer to conduct elections, and

(b) a deputy returning officer, and

(c) such other electoral officials as may be necessary to assist the returning officer.

Delegation by returning officer

8 Delegation by returning officer

The returning officer may delegate to a deputy returning officer any or all of the returning officer’s functions under this Part, other than this power of delegation.

Division 2

Calling of election

Division 2 Calling of election

Election to fill casual vacancy

9 Election to fill casual vacancy

The Minister must notify the Electoral Commissioner if an election is required to be conducted under section 9A (c) of the Act to fill a vacancy in the office of a member of the Board that is required to be held by an Islander.

Calling of election

10 Calling of election

(1) When required to conduct an election, the Electoral Commissioner—

(a) must cause a notice of the proposed election to be published in the Gazette, and

(b) must cause a copy of the notice to be displayed on at least 2 public notice boards on the Island.

(2) The notice—

(a) must state that an election is to be held, and

(b) must specify the address of the office of the returning officer on the Island, and

(c) must invite nominations of candidates for the election, and

(d) must fix the close of nominations, and

(e) must fix the day for taking the poll.

(3) The close of nominations must be not earlier than 7 days and not later than 14 days after the publication in the Gazette of the election notice.

(4) The polling day—

(a) must be not earlier than 30 days after the publication in the Gazette of the election notice, and

(b) must not be a Saturday, a Sunday or a day that is a public holiday on the Island.

Extension of time

11 Extension of time

(1) If of the opinion that an election would fail, the Electoral Commissioner may (by a notice published and displayed in the same manner as the election notice) fix a later time and day for the close of nominations or for polling day than that fixed by a previous notice for the election.

(2) The notice must not fix a day more than 14 days after the day fixed by the previous notice for the election.

(3) The power conferred on the Electoral Commissioner by this clause may be exercised more than once in respect of an election.

Roll of electors

12 Roll of electors

(1) As soon as practicable after the publication in the Gazette of an election notice, the Electoral Commissioner must provide the returning officer with a roll of the persons entitled to be enrolled as electors for the election, as at the date of publication of the election notice.

(2) The roll for an election must be in the same form and contain the same particulars of electors as the State electoral roll for the electorate in which the Island is situated.

(3) The persons entitled to vote at an election are the persons included in the roll for the election.

Division 3

Nominations and ballot-papers

Division 3 Nominations and ballot-papers

Nomination of candidates

13 Nomination of candidates

(1) A person is qualified to be nominated as a candidate at an election if the person is an Islander and is entitled to be enrolled as an elector for the election.

(2) A nomination of a candidate must be in Form 1 and must be lodged with the returning officer before the close of nominations.

(3) A candidate at an election must be nominated by at least 2 persons (other than the candidate) each of whom is entitled to be enrolled as an elector for the election.

(4) A person may not nominate more candidates than the number of persons to be elected.

(5) On receiving a nomination paper, the returning officer must, if required to do so, give a receipt for it.

(6) A nomination paper is not available for public inspection.

(7) The returning officer must reject the nomination of a person as a candidate at an election—

(a) if the person is not qualified to be nominated, or

(b) if the person has not been duly nominated.

(8) A candidate may withdraw the candidate’s nomination by notice in writing delivered to the returning officer at any time before the close of nominations.

Uncontested election

14 Uncontested election

If, by the close of nominations, the number of candidates nominated for election does not exceed the number of persons to be elected, the returning officer must—

(a) publicly declare those candidates elected, and

(b) notify the Electoral Commissioner that those candidates have been elected.

Contested election

15 Contested election

(1) If, by the close of nominations, the number of candidates nominated exceeds the number of persons to be elected, a poll must be taken on polling day.

(2) If a poll is to be taken, the returning officer must publicly announce the following—

(a) that a poll will be taken,

(b) the date of the poll,

(c) the names of the candidates,

(d) the address of the polling place,

(e) the hours that the polling place will be open for voting on polling day.

(3) The returning officer must also notify those matters in a written notice displayed on at least one public notice board on the Island.

Preparation of ballot-papers

16 Preparation of ballot-papers

(1) As soon as practicable after the close of nominations, the returning officer must—

(a) determine the order in which the candidates’ names are to be listed on a ballot-paper by means of a ballot held in accordance with the procedure under section 82A of the Parliamentary Electorates and Elections Act 1912, and

(b) notify the Electoral Commissioner of the determined order.

(2) The ballot-papers are to be provided by the Electoral Commissioner and must contain the following—

(a) the names of the candidates listed in the determined order,

(b) the surname of each candidate displayed in more conspicuous type than that used for the given name or names of the candidate,

(c) if the Electoral Commissioner considers that the names of 2 or more candidates are so similar as to cause confusion, such other matter as the Electoral Commissioner considers will distinguish between those candidates,

(d) a square printed opposite the name of each candidate,

(e) if there is more than 1 person to be elected, a direction that the elector must record a vote for at least 1 candidate (but not more than the number of persons to be elected) by placing a tick or cross in the square opposite the name of each candidate for whom the elector desires to record a vote,

(f) if there is 1 person to be elected, a direction that—

(i) the elector must record a vote for at least 1 candidate by placing the number “1” in the square opposite the name of the candidate for whom the elector desires to give a first preference vote, and

(ii) the elector may vote for additional candidates by placing consecutive numbers (beginning with the number “2”) in the squares opposite the names of those additional candidates in the order of the elector’s preferences for them.

Division 4

Postal and pre-poll voting

Division 4 Postal and pre-poll voting

pt.2-div.4-sdiv.1

Postal voting

pt.2-div.4-sdiv.1 Postal voting

Subdivision 1 Postal voting

Application to vote by post

17 Application to vote by post

(1) The following electors may make an application to the returning officer to vote by post—

(a) an elector who will not, throughout the hours of polling on polling day, be on the Island,

(b) an elector who, because of illness or infirmity will be precluded from attending at the polling place to vote,

(c) an elector who, because of the elector’s membership of a religious order or the elector’s religious beliefs—

(i) is precluded from attending at the polling place to vote, or

(ii) is precluded from voting throughout the hours of polling on polling day or throughout the greater part of those hours,

(d) an elector who is precluded from attending at the polling place to vote because the elector is—

(i) an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), or

(ii) a detainee of a detention centre (within the meaning of the Children (Detention Centres) Act 1987).

(2) An application to vote by post—

(a) must be in writing, and

(b) must specify the ground on which it is made, and

(c) must be signed by the elector, and

(d) may be made at any time after the publication in the Gazette of the election notice in respect of the election but not later than 7 days before polling day.

(3) The returning officer must number in consecutive order all applications to vote by post.

Procedure for postal voting

18 Procedure for postal voting

(1) The returning officer must deliver or post to each elector who duly applies to vote by post—

(a) a ballot-paper that has been initialled on the front by the returning officer, and

(b) an unsealed envelope with the words “NAME AND ENROLLED ADDRESS OF VOTER” and “SIGNATURE OF VOTER” on the front, together with appropriate spaces for the insertion of the elector’s name, address and signature (the inner envelope), and

(c) a large unsealed envelope addressed to the returning officer (the outer envelope).

(2) The returning officer must note on a certified copy of the roll the names of the electors to whom a ballot-paper has been delivered or posted.

(3) An elector to whom a ballot-paper has been delivered or posted is not entitled to vote in accordance with Subdivision 2 or Division 5 unless the elector first delivers the elector’s ballot-paper to the returning officer for cancellation.

(4) If an elector to whom a ballot-paper has been delivered or posted satisfies the returning officer that the elector has spoilt the ballot-paper by mistake or accident, the elector may, on giving it up, receive a new ballot-paper from the returning officer. The returning officer must cancel and preserve the spoilt ballot-paper.

(5) On receiving a ballot-paper, an elector who wishes to vote by post must—

(a) record the elector’s vote on the ballot-paper in accordance with the directions shown on it, and

(b) place the completed ballot-paper in the inner envelope, and

(c) seal the inner envelope, and

(d) insert the elector’s full name, address and signature on the front of the inner envelope, and

(e) place the inner envelope in the outer envelope, and

(f) post or deliver the outer envelope to the returning officer so as to be received by the returning officer not later than 6 pm on polling day.

pt.2-div.4-sdiv.2

Pre-poll voting

pt.2-div.4-sdiv.2 Pre-poll voting

Subdivision 2 Pre-poll voting

Application to vote before polling day

19 Application to vote before polling day

(1) An elector may make an application to the returning officer to vote before polling day if—

(a) the elector intends to leave the Island after the close of nominations and will not be on the Island during the hours of polling on polling day, or

(b) the elector, because of illness or infirmity will be precluded from attending at the polling place to vote.

(2) An application to vote before polling day—

(a) must be in writing, and

(b) must specify the ground on which it is made, and

(c) must be signed by the elector, and

(d) may be made—

(i) in the case of an application under subclause (1) (a)—at any time after the close of nominations, or

(ii) in the case of an application under subclause (1) (b)—at any time after the publication in the Gazette of the election notice,

but not later than 5 pm on the day before polling day, and

(e) in the case of an application under subclause (1) (a)—must be delivered by the elector in person to the office of the returning officer.

(3) The returning officer must number in consecutive order all applications to vote before polling day.

Procedure for pre-poll voting

20 Procedure for pre-poll voting

(1) The vote of an elector who makes an application to vote before polling day must be taken before polling day at the office of the returning officer or during a visit made to the elector by the returning officer.

(2) The returning officer must deliver to each elector voting under this Subdivision—

(a) a ballot-paper that has been initialled on the front by the returning officer, and

(b) an unsealed envelope addressed to the returning officer with the words “NAME AND ENROLLED ADDRESS OF VOTER” and “SIGNATURE OF VOTER” on the front, together with appropriate spaces for the insertion of the elector’s name, address and signature.

(3) On receiving a ballot-paper, the elector must—

(a) record the elector’s vote on the ballot-paper in accordance with the directions shown on it, and

(b) place the completed ballot-paper in the envelope, and

(c) seal the envelope, and

(d) insert the elector’s full name, address and signature on the front of the envelope, and

(e) place the envelope in a locked ballot-box provided by the returning officer.

(4) The provisions of clauses 22 (2)–(6), 23 (1) and (3) and 24 apply to the taking of the votes under this Subdivision in the same way as they apply to the taking of the votes under Division 5.

Division 5

Voting at polling place

Division 5 Voting at polling place

Arrangements at polling place

21 Arrangements at polling place

(1) The returning officer must—

(a) appoint a polling place on the Island for the purposes of taking the poll at an election, and

(b) make, or cause to be made, all the necessary arrangements for taking the poll at the polling place.

(2) Immediately before taking the poll at the polling place, the returning officer must—

(a) exhibit the ballot-box, open and empty, for the inspection of any candidate, scrutineer or other person present, and

(b) immediately afterwards close it, lock it and place it on the table at which the returning officer is to preside in full view of all persons present at the polling place.

(3) The ballot-box must be kept unopened on the table on which it is placed until the close of the poll.

(4) The polling place must be open for voting on polling day at all times between 8 am and 6 pm.

Identification of electors

22 Identification of electors

(1) Each person claiming to vote at the polling place must state—

(a) the person’s surname and given name or names, and

(b) any other particulars necessary for the purpose of identifying the name on the roll under which the vote is claimed if required to do so by the returning officer.

(2) The returning officer may, and at the request of any scrutineer must, put to any person claiming to vote all or any of the following questions—

(a) Are you the person whose name appears as [here state name under which the person claims to vote] on the roll for this election?

(b) Are you at least 18 years of age?

(c) Have you already voted at this election?

(d) Are you disqualified from voting?

(e) Are you a resident on the Island?

(3) If any person refuses to answer fully any question put to the person by the returning officer, or by the person’s answer shows that the person is not entitled to vote, the person’s claim to vote must be rejected.

(4) The person’s answers to the questions are conclusive and the person’s entitlement to vote is not to be further inquired into during the polling.

(5) An omission of any given name, or entry of a wrong given name, address or occupation, or a mistake in the spelling of any surname, does not warrant the rejection of any claim to vote if, in the opinion of the returning officer, the elector is sufficiently identified.

(6) An elector is not disqualified from voting under the name appearing on the roll because the elector’s surname has been changed as a result of marriage, but, in that case, a note of the fact must be made by the returning officer.

cl 22: Am 2018 No 28, Sch 1.19 [1] [2]; 2019 No 14, Sch 2.15.

Recording of votes

23 Recording of votes

(1) The returning officer must—

(a) give a ballot-paper to each elector, and

(b) mark off the roll the name of each elector to whom a ballot-paper is given, and

(c) keep a record of the number of ballot-papers issued.

(2) On receiving a ballot-paper, the elector must—

(a) at an unoccupied booth at the polling place, record the elector’s vote on the ballot-paper in accordance with the directions shown on it, and

(b) place the ballot-paper immediately in the ballot-box, and

(c) leave the polling place.

(3) If an elector, before his or her ballot is deposited in the ballot-box, satisfies the returning officer that the elector has spoilt the elector’s ballot-paper by mistake or accident, the elector may, on giving it up, receive a new ballot-paper from the returning officer. The returning officer must cancel and preserve the spoilt ballot-paper.

Assistance to certain electors

24 Assistance to certain electors

(1) If an elector satisfies the returning officer that the elector’s sight is so impaired, or that the elector is so physically incapacitated, that the elector is unable to vote without assistance, the returning officer must permit a person appointed by the elector—

(a) to accompany the elector to an unoccupied booth, and

(b) to mark the ballot-paper according to the instructions of the elector, and

(c) to place the ballot-paper in the ballot-box.

(2) If the elector fails to appoint a person, or satisfies the returning officer that the elector is so illiterate that the elector is unable to vote without assistance, the returning officer must, in the presence of—

(a) any scrutineers who choose to be present, or

(b) if there are no scrutineers present, in the presence of any person whom the elector may appoint,

mark the ballot-paper according to the instructions of the elector and place it in the ballot-box.

(3) An elector’s instructions may be given by handing to the person marking the ballot-paper a “how-to-vote” card, or a printed or written statement indicating—

(a) the candidate for whom the elector desires to vote, or

(b) the candidates for whom the elector desires to vote and the order of the elector’s preferences for them.

Procedure for disputed votes

25 Procedure for disputed votes

(1) A person claiming to vote at the polling place may vote in accordance with this Part even though—

(a) a mark on the roll indicates that the person has already voted, if the person’s answers to the questions put to the person by the returning officer under clause 22 (2) show that the person is entitled to vote, or

(b) a mark on the roll indicates that a ballot-paper has been delivered or posted to the person for the purpose of postal voting, if the person states that the person has not applied to vote by post and the person’s answers to the questions put to the person by the returning officer show that the person is entitled to vote, or

(c) the person’s name cannot be found on the roll, if the person claims to be entitled to be enrolled as an elector for the election.

(2) After recording a vote in accordance with this clause, the elector must—

(a) place the completed ballot-paper in an envelope that is addressed to the returning officer and on which the person has made a written declaration specifying the ground on which the person claims to vote, and

(b) sign the declaration, and

(c) seal the envelope, and

(d) hand the envelope to the returning officer.

Division 6

The scrutiny

Division 6 The scrutiny

Scrutineers

26 Scrutineers

Each candidate for election is entitled to appoint, by writing signed by the candidate—

(a) one scrutineer to act on the candidate’s behalf at the taking of the votes, and

(b) one scrutineer (who may, but need not be, the scrutineer referred to in paragraph (a)) to act on the candidate’s behalf at the scrutiny.

Scrutiny

27 Scrutiny

(1) At the close of the poll, the returning officer must—

(a) produce all postal and pre-poll voting applications and all envelopes containing postal ballot-papers and pre-poll ballot-papers, and

(b) compare the signature of the elector on each such envelope with the signature of the same elector on the relevant application and allow the scrutineers to inspect both signatures, and

(c) if the returning officer is satisfied that the signature on the envelope is that of the elector who signed the relevant application—accept the ballot-paper for further scrutiny, and

(d) if the returning officer is not satisfied that the signature on the envelope is that of the elector who signed the relevant application—disallow the ballot-paper without opening the envelope, and

(e) take from the envelopes all ballot-papers accepted for further scrutiny and (without inspecting them or allowing any other person to do so) place them in a locked ballot-box for further scrutiny.

(2) The returning officer must also—

(a) examine the declarations on all envelopes purporting to contain ballot-papers of persons voting in accordance with clause 25, and

(b) if, after making such inquiries as the returning officer considers necessary, the returning officer is satisfied that the person who signed the declaration on any such envelope is entitled to vote, accept the ballot-paper for further scrutiny, and

(c) if the returning officer is not so satisfied, disallow the ballot-paper without opening the envelope, and

(d) take from the envelopes all ballot-papers accepted for further scrutiny and (without inspecting them or allowing any other person to do so) place them in a locked ballot-box for further scrutiny.

(3) The returning officer must then—

(a) unlock all ballot-boxes, and

(b) remove the ballot-papers from the ballot-boxes, and

(c) examine each ballot-paper and reject those that are informal, and

(d) proceed to count the votes and ascertain the result of the election in accordance with the relevant method of counting votes.

(4) The scrutiny of votes is to be carried out in the presence of the following persons only—

(a) the returning officer’s assistants,

(b) any scrutineers who choose to be present.

Informal ballot-papers

28 Informal ballot-papers

(1) A ballot-paper must be rejected as informal if—

(a) it is not initialled by the returning officer and does not bear a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912, or

(b) the elector has failed to record the elector’s vote in the manner directed on the ballot-paper, or

(c) it has on it any mark or writing that, in the opinion of the returning officer, will enable any person to identify the elector.

(2) A ballot-paper must not be rejected as informal merely because of any mark or writing that is not authorised or required by this Regulation (other than a mark or writing that identifies the elector) if, in the opinion of the returning officer, the elector’s intention is clearly indicated on the ballot-paper.

(3) If there is only 1 person to be elected, a ballot-paper on which the elector has recorded votes for more than 1 candidate must not be rejected as informal merely because—

(a) the same preference (other than the elector’s first preference) has been recorded on the ballot-paper for more than 1 candidate, but the ballot-paper must be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or

(b) there is a break in the order of the elector’s preferences recorded on the ballot-paper, but the ballot-paper must be treated as if any subsequent preferences had not been recorded on the ballot-paper.

(4) If there is more than 1 person to be elected, a ballot-paper must not be rejected as informal merely because—

(a) the number of candidates for which the elector has recorded a vote is less than the number of persons to be elected, or

(b) the elector has placed a single number in a number of squares if the number of squares with a single number in them is no more than the number of persons to be elected, but the ballot-paper is to be treated as if any such single number was a tick or a cross.

(5) Nothing in subclause (4) (b) authorises any person, if there is more than 1 person to be elected, to encourage an elector to place a number in a square on a ballot-paper.

Method of counting votes for more than 1 vacancy

29 Method of counting votes for more than 1 vacancy

(1) If there is more than 1 person to be elected, the method of counting votes is to be the “first past the post” method, that is, the candidates with the most votes are taken to be elected.

(2) If the number of candidates to be elected cannot be determined because of an equality of votes, the candidate taken to be elected is the candidate whose name is drawn by lot from a receptacle containing the names of each of the candidates having equal votes.

Method of counting votes for 1 vacancy

30 Method of counting votes for 1 vacancy

(1) If there is 1 person to be elected, the method of counting the votes to ascertain the result of the election is to be as provided by Part 2 of the Seventh Schedule to the Constitution Act 1902.

(2) Part 2 of the Seventh Schedule to the Constitution Act 1902 applies to such an election as if a reference to the returning officer in that Part were a reference to the returning officer under this Regulation.

Declaration of poll

31 Declaration of poll

Immediately after the result of a poll has been ascertained, the returning officer must—

(a) publicly declare the candidates elected, and

(b) notify the Electoral Commissioner that those candidates have been elected.

Division 7

Miscellaneous

Division 7 Miscellaneous

Death of candidate

32 Death of candidate

If a candidate dies after the close of nominations and before polling day for an election—

(a) the election is taken to have failed, and

(b) the Electoral Commissioner must proceed to conduct a new election.

Decisions of Electoral Commissioner and returning officer

33 Decisions of Electoral Commissioner and returning officer

If the Electoral Commissioner or the returning officer is permitted, or required, under this Part to make a decision on any matter relating to the conduct of an election, the decision of the Electoral Commissioner or returning officer on that matter is final.

Notification of result of election

34 Notification of result of election

As soon as practicable after the Electoral Commissioner has been notified by the returning officer that one or more candidates in an election have been elected, the Electoral Commissioner must cause—

(a) the Minister to be notified in writing, and

(b) a notice to be published in the Gazette,

of the name or names of the candidate or candidates who have been elected.

Retention of electoral papers

35 Retention of electoral papers

(1) After one or more candidates in an election have been elected, the returning officer must forward to the Electoral Commissioner all nomination papers, ballot-papers, applications to vote by post or before polling day, rolls and other papers connected with the election.

(2) The Electoral Commissioner must retain those papers for at least 3 months after polling day.

Offences

36 Offences

A person is guilty of an offence if the person—

(a) votes, or attempts to vote, in an election in which the person is not entitled to vote, or

(b) knowingly makes a false or misleading statement—

(i) to the returning officer, a deputy returning officer or other election official in connection with an election, or

(ii) in any document that the person furnishes for the purposes of an election, or

(c) obstructs the proceedings at the polling place or at the office of the returning officer, or

(d) enters any occupied booth at the polling place.

Maximum penalty—50 penalty units.

Part 3

Leases

Part 3 Leases

Applications for leases

37 Applications for leases

(1) An application for a lease under section 21 of the Act must be in Form 2.

(2) An application for a lease under section 22 of the Act must be in Form 3.

Form of lease in perpetuity

38 Form of lease in perpetuity

A lease in perpetuity under section 21 of the Act (including a lease issued under section 23 (4B) (a) (i) of the Act) must be in Form 4.

Application for consent to transfer or sublease

39 Application for consent to transfer or sublease

(1) An application for consent to the transfer of the whole or a part of the land comprised in a lease or to the grant of a sublease must be in Form 5.

(2) If a written agreement for sale has been entered into, a duly certified copy of the agreement must accompany the application. The application must be lodged within 3 months after the date of execution of the agreement.

(3) If the application is for consent to transfer part only of the land comprised in a lease, a sketch of the proposed subdivision of the land must accompany the application.

Transfer of lease

40 Transfer of lease

(1) A transfer of a lease must be in Form 6.

(2) A transfer of the whole or a part of the land comprised in a lease—

(a) must be lodged at the Island office of the Board, and

(b) must be accompanied by the relevant fee specified in Schedule 2.

(3) A transfer must be executed by both the transferor and the transferee.

Transferred lease remains subject to unfulfilled conditions

41 Transferred lease remains subject to unfulfilled conditions

A lease that is transferred remains subject to all conditions not complied with at the time of transfer and to all forfeitures incurred.

Surrender of lease

42 Surrender of lease

An instrument of surrender of a lease—

(a) must be in Form 7, and

(b) must be lodged at the Island office of the Board, and

(c) must be signed by the lessee.

Annual rent for leases in perpetuity and special leases

43 Annual rent for leases in perpetuity and special leases

(1) The annual rent for a lease determined by the Board under section 22B of the Act is not to exceed the following amounts (the maximum amounts)—

(a) for a lease in perpetuity under section 21 of the Act—$240 plus $0.345 per square metre of land comprised in the lease,

(b) for a special lease under section 22 of the Act—$80 plus $0.027 per square metre of land comprised in the lease.

(2) The maximum amounts (both the fixed amounts and the amounts per square metre of land) are increased on 1 September each year (the indexation date) in accordance with the annual percentage increase (if any) in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Statistician for the year ending on 30 June immediately before that indexation date.

(3) The first indexation date is 1 September 2015.

Reduction of annual rent for eligible pensioners

44 Reduction of annual rent for eligible pensioners

(1) The annual rent for a lease in perpetuity that is held by an eligible pensioner is, on application to the Board and on production to the Board of evidence sufficient to enable it to calculate the amount of the reduction, to be reduced in accordance with this clause.

(2) The amount by which rent payable in respect of a lease is required to be reduced is—

(a) if, at the relevant date, the applicant is the sole holder of the lease or holds the lease with one or more jointly eligible occupiers but with no other person—50% of that rent, or

(b) if, at the relevant date, the applicant holds the lease with one or more other persons, any of whom is not a jointly eligible occupier—an amount that bears to 50% of that rent the same proportion as the interests (as between themselves) of the applicant and any jointly eligible occupiers in the lease bear, as at the relevant date, to the interests (as between themselves) of all the lessees in the lease.

(3) If the full or partial amount of the rent payable for the lease in perpetuity is paid in relation to a year in which a person becomes an eligible pensioner, the Board may, on application under this clause, refund so much of the rent as it sees fit.

(4) In this clause—

eligible pensioner, in relation to a lease, means a person who—

(a) is the holder, or one of the holders, of the lease, and

(b) occupies a dwelling situated on the land comprised in the lease as his or her sole or principal place of residence, and

(c) is a member of a class of persons prescribed by the regulations under the Local Government Act 1993 for the purposes of the definition of eligible pensioner in that Act.

jointly eligible occupier, in relation to a lease held by an eligible pensioner with one or more other persons, means a person whose sole or principal place of residence is the same as that of the eligible pensioner and who—

(a) is the spouse of the eligible pensioner, or

(b) is another eligible pensioner, or

(c) is the spouse of another eligible pensioner who has the same sole or principal place of residence as the first mentioned eligible pensioner.

relevant date, in relation to an application for the reduction of rent under this clause, means—

(a) if the application is made on or after the day on which the rent is due and payable—that day, or

(b) if the application is made before the day on which the rent is due and payable—the date of the application.

spouse, in relation to an eligible pensioner, includes a de facto partner of the eligible pensioner.

Register of leases

45 Register of leases

(1) The Board is to keep a register containing particulars of leases under the Act.

(2) The register is to be kept available at the Island office of the Board for inspection by members of the public (on payment of a fee, if any, fixed by the Board under section 15 of the Act).

(3) Any personal information (within the meaning of the Privacy and Personal Information Protection Act 1998) on the register is not to be made publicly available.

Appeals or references to Land and Environment Court

46 Appeals or references to Land and Environment Court

An appeal or reference to the Land and Environment Court under section 24 of the Act (in relation to determinations or redeterminations by the Board of rent, fair market value of improvements or sums for goodwill) may be made within 28 days after the determination or redetermination.

Fees

47 Fees

(1) Section 13.5 (2) (b) of the Crown Land Management Act 2016 applies to matters arising under the provisions of Part 4 of the Act.

(2) Accordingly, the relevant fees specified opposite the matters listed in Schedule 2 are payable to the Board in respect of those matters.

cl 47: Am 2017 No 17, Sch 4.55.

Part 4

Licensing of tourist accommodation and other commercial undertakings

Part 4 Licensing of tourist accommodation and other commercial undertakings

Meaning of tourist accommodation

48 Meaning of tourist accommodation

In this Part, tourist accommodation means public accommodation that is provided predominantly for tourists to the Island as a commercial undertaking.

Licensing of tourist accommodation and other commercial undertakings

49 Licensing of tourist accommodation and other commercial undertakings

(1) A person must not—

(a) provide tourist accommodation or carry on any other commercial undertaking on the Island, or

(b) use premises for the provision of tourist accommodation or for the carrying on of any other commercial undertaking,

except in accordance with a licence granted by the Board for that purpose.

(2) A licensee must not contravene a condition of the licensee’s licence.

(3) A licensee must not, without reasonable excuse, refuse or fail to produce the licensee’s licence for inspection on being requested to do so by the Board.

Maximum penalty—50 penalty units.

Inspection of licensed premises

50 Inspection of licensed premises

(1) The Board may carry out, at any reasonable time, an inspection of any premises to which a licence relates.

(2) A person must not hinder or obstruct a person who is carrying out such an inspection.

Maximum penalty—50 penalty units.

Duration of licences

51 Duration of licences

Except during any period of suspension, a licence continues to be in force until such time as it is cancelled or, in the case of a licence that is granted for a specified term, until that term expires.

Transfer of licences

52 Transfer of licences

A licence is not transferable unless the proposed transferee and the Board have consented in writing to the transfer.

Alteration of conditions of licences

53 Alteration of conditions of licences

The conditions of a licence may be altered, modified, added to or revoked by the Board at any time during the currency of the licence, either on its own motion or at the request of the licensee.

Cancellation of licences

54 Cancellation of licences

A licence may be suspended or cancelled by the Board for a contravention of any condition of the licence.

Applications for tourist accommodation licences

55 Applications for tourist accommodation licences

(1) An application for a licence for the provision of tourist accommodation must be accompanied by a plan showing particulars, including the room numbers, of the premises to be licensed.

(2) The room numbers shown on the application must correspond to numbers permanently affixed on the rooms of the premises to be licensed.

(3) A plan is not required if the application is for a licence to replace an expiring licence and the particulars of the premises have not changed.

Part 5

Protection of the environment

Part 5 Protection of the environment

Removal or destruction of coral

56 Removal or destruction of coral

(1) A person must not, except in accordance with the approval of the Board, wilfully break off, remove, destroy or damage any coral on the Island.

Maximum penalty—50 penalty units.

(2) An approval under this clause may be granted for scientific or aquarium purposes only.

Portion of coral reef closed to unauthorised persons

57 Portion of coral reef closed to unauthorised persons

A person must not, except in accordance with the approval of the Board, enter on that portion of the coral reef that is situated on the western side of Lord Howe Island between the northern side of South Passage and the southern side of North Passage.

Maximum penalty—50 penalty units.

Removal or destruction of substances forming part of the Island

58 Removal or destruction of substances forming part of the Island

(1) A person must not, except in accordance with the approval of the Board, remove any stone, rock, shell, earth, sand, clay or gravel on the Island.

Maximum penalty—50 penalty units.

(2) If an act constitutes an offence under both section 32 of the Act and this clause and the offender has been punished under section 32 of the Act, the offender is not liable to be punished under this clause for the same act.

Removal or destruction of flora

59 Removal or destruction of flora

(1) A person must not, except in accordance with the approval of the Board—

(a) cut, fell, remove, damage or destroy on the Island, or

(b) have in his or her possession on the Island for removal or otherwise,

the whole or any part of any tree, shrub, fern, creeper, vine, palm, plant, flower, seed, herbage or other vegetative cover that is native to the Island.

Maximum penalty—50 penalty units.

(2) This clause does not prevent—

(a) the harvesting of crops grown for human consumption or fodder, or

(b) the maintenance of an established garden, lawn or nature strip.

(3) If an act constitutes an offence under both section 32 of the Act and this clause and the offender has been punished under section 32 of the Act, the offender is not liable to be punished under this clause for the same act.

Protection of stag beetles and stick insects

60 Protection of stag beetles and stick insects

(1) A person must not, except in accordance with the approval of the Board, damage any eggs, or capture, trap, injure or kill the larval or adult form, of any of the following invertebrates—

(a) Lamprima insularis (stag beetle),

(b) Figulus howei (stag beetle),

(c) Davidrentzia valida (Rentz’s strong stick insect).

(2) A person must not, except in accordance with the approval of the Board, remove from the Island the whole or any part of—

(a) the eggs of an invertebrate listed in subclause (1), or

(b) the larval or adult form of an invertebrate listed in subclause (1) (whether dead or alive).

Maximum penalty—50 penalty units.

Importation of seeds, plants and other things

61 Importation of seeds, plants and other things

(1) A person must not bring onto the Island a palm seed or palm plant or any part of a palm seed or palm plant.

Maximum penalty—50 penalty units.

(2) A person must not, except in accordance with the approval of the Board, bring onto the Island any other seed or plant or any part of any other seed or plant.

Maximum penalty—50 penalty units.

(3) A person must not, except in accordance with the approval of the Board, bring onto the Island any mulch (being decomposing organic matter used to enrich soil, prevent erosion, control weeds or protect plants).

Maximum penalty—50 penalty units.

(4) An approval under this clause may be granted to persons generally, without the necessity for an application, or to a particular person.

(5) This clause does not prevent a person from bringing fresh fruit and vegetables for human consumption onto the Island.

Importation of animals

62 Importation of animals

(1) A person must not bring a cat, goat, pig, rabbit, fox, rat, mouse, snake or cane toad, or any semen from such an animal, onto the Island.

Maximum penalty—50 penalty units.

(2) A person must not, except in accordance with the approval of the Board, bring any other animal onto the Island.

Maximum penalty—50 penalty units.

(3) The Board must not grant an approval under this clause in respect of a dog unless—

(a) the dog is free of disease, and

(b) a veterinary practitioner (within the meaning of the Veterinary Practice Act 2003) has certified that the dog is desexed or is permanently incapable of reproduction.

(4) Despite subclause (3) (b), the Board may grant approval for the bringing of a dog (such as a trained sniffer dog, a dog trained in search and rescue or a specialist hunting dog) onto the Island for a short period for a specified project.

(5) This clause does not prevent a person with a disability from bringing an assistance animal (within the meaning of the Companion Animals Act 1998) onto the Island.

(6) In this clause, animal means any animal, whether vertebrate or invertebrate, and at whatever stage of development.

Seizure of illegally imported seeds, plants or animals

63 Seizure of illegally imported seeds, plants or animals

(1) Any seed, plant, part of a seed or plant or animal that is brought on to the Island in contravention of this Division—

(a) may be seized by the Board, and

(b) may be destroyed or otherwise disposed of by the Board if, by a date specified by the Board, arrangements satisfactory to the Board have not been made for its removal from the Island.

(2) In this clause, animal means any animal, whether vertebrate or invertebrate, and at whatever stage of development.

Keeping of goats

64 Keeping of goats

(1) A person must not, except in accordance with the approval of the Board, keep a goat on the Island.

Maximum penalty—50 penalty units.

(2) The Board must not grant approval for the keeping of a goat on the Island unless a veterinary practitioner (within the meaning of the Veterinary Practice Act 2003) has certified that the goat, if male, has been desexed or is permanently incapable of reproduction.

(3) A person must not—

(a) keep any goat that the person owns other than on land that the person lawfully occupies under the Act, or

(b) permit any such goat to stray from that land.

Maximum penalty—50 penalty units.

Poultry not to be permitted to stray

65 Poultry not to be permitted to stray

A person must not—

(a) keep any poultry that the person owns other than on land that the person lawfully occupies under the Act, or

(b) permit any such poultry to stray from that land.

Maximum penalty—50 penalty units.

Waste management services

66 Waste management services

(1) The Board may establish and maintain waste management depots and provide services for the collection of waste.

(2) The Board may issue directions as to the manner in which waste is to be dealt with by persons on the Island and as to the collection of waste.

(3) A person who contravenes a direction under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

Part 6

Protection of Lord Howe Island Permanent Park Preserve

Part 6 Protection of Lord Howe Island Permanent Park Preserve

Definition

67 Definition

In this Part, Preserve means the land dedicated as the Lord Howe Island Permanent Park Preserve under section 19A of the Act.

Removal of certain persons

68 Removal of certain persons

(1) An authorised officer may direct a person to leave the Preserve, or any part of the Preserve, if, in the opinion of the authorised officer, the person—

(a) is trespassing, or

(b) is causing a nuisance or inconvenience to any other person in the park, or

(c) has committed an offence under the Act or this Regulation.

(2) A person to whom such a direction is given must comply with the direction.

Maximum penalty—50 penalty units.

(3) An authorised officer may remove from the Preserve, or any part of the Preserve, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.

(4) A person who has been given a direction under subclause (1), or who has been removed from the Preserve under subclause (3), must not re-enter the Preserve for a period of 24 hours after the direction was given or after he or she was removed from the Preserve, whichever is later.

Maximum penalty—50 penalty units.

(5) A person does not commit an offence under subclause (4) by doing or omitting anything with the consent of the Board and in accordance with any conditions to which that consent is subject.

(6) A person is not guilty of an offence of failing to comply with a direction under this clause unless the person was warned on that occasion that a failure to comply is an offence.

(7) In this clause, authorised officer has the same meaning as it has in section 37B of the Act.

Taking and keeping of animals in Preserve

69 Taking and keeping of animals in Preserve

(1) A person must not—

(a) take into or release an animal in the Preserve or onto any public or other road traversing the Preserve, or

(b) place or keep an animal in the Preserve or on any public or other road traversing the Preserve, or

(c) have charge, possession or control of an animal in the Preserve or on any public or other road traversing the Preserve, or

(d) fail to prevent an animal of which the person has charge, possession or control from entering the Preserve or entering onto any public or other road traversing the Preserve.

Maximum penalty—50 penalty units.

(2) A person does not commit an offence under this clause—

(a) if the animal is an assistance animal (within the meaning of the Companion Animals Act 1998) being used by a person with a disability to assist the person, or

(b) if a person takes an animal into the Preserve or onto any public or other road traversing the Preserve, in accordance with and subject to any conditions stated in the plan of management for the Preserve, unless a notice displayed in the park prohibits the taking of animals into the Preserve, or

(c) for anything done or omitted with the consent of the Board and in accordance with any conditions to which that consent is subject.

Offensive conduct

70 Offensive conduct

(1) A person must not do any of the following in the Preserve—

(a) commit an act of indecency,

(b) use, or be affected by, any prohibited drug (within the meaning of the Drug Misuse and Trafficking Act 1985),

(c) drive, ride, operate or use any machinery, plant, vehicle, vessel or aircraft (including any model vehicle, vessel or aircraft) in a manner likely to interfere with or cause a nuisance to any person or animal,

(d) operate or use any radio, television, cassette player, compact disc player or other sound-generating device in a manner likely to interfere with or cause a nuisance to any person or animal.

Maximum penalty—50 penalty units.

(2) A person does not commit an offence under subclause (1) (c) or (d) for anything done or omitted with the consent of the Board authority and in accordance with any conditions to which the consent is subject.

Lighting of fires

71 Lighting of fires

(1) A person must not do any of the following in the Preserve—

(a) light, maintain or use a fire—

(i) elsewhere than in a fireplace designated for that purpose by the Board, or

(ii) in contravention of a notice erected or displayed by the Board regulating the use of fire in the Preserve, or

(iii) when a total fire ban has been imposed under the Rural Fires Act 1997 in relation to the Preserve,

(b) leave unattended, whether temporarily or otherwise, any fire in a fireplace designated for that purpose by the Board,

(c) fail to call for help to control or extinguish a fire that the person has lit, maintained or used and that is beyond the person’s power to control or extinguish,

(d) handle any flammable substance (such as petrol, matches or cigarettes) in a manner that is likely to cause a fire in the Preserve.

Maximum penalty—50 penalty units.

(2) A person does not commit an offence under this clause for anything done or omitted with the consent of the Board and in accordance with any conditions to which the consent is subject.

(3) A person does not commit an offence under subclause (1) (a) (iii) by doing anything authorised by or under the Rural Fires Act 1997.

Sporting, recreational and other activities

72 Sporting, recreational and other activities

(1) A person must not engage in any activity or recreational pursuit in the Preserve that involves risking the safety of the person or the safety of other persons or damaging the environment.

Maximum penalty—50 penalty units.

(2) Without limiting the generality of subclause (1), the activities and recreational pursuits to which that subclause applies include abseiling, base jumping, bungy jumping, caving, rock climbing, parachuting, paragliding, parasailing and hang gliding.

(3) A person does not commit an offence under this clause—

(a) for anything done or omitted to be done with the consent of the Board and in accordance with any conditions to which the consent is subject, or

(b) if the plan of management for the Preserve makes provision for the undertaking of an activity and the person undertakes the activity in accordance with that plan of management.

(4) Despite subclause (3) (b), a person must not undertake an activity in the Preserve if a notice erected in the Preserve prohibits the undertaking of the activity.

Maximum penalty—50 penalty units.

Interference with management of Preserve

73 Interference with management of Preserve

A person must not do, or attempt to do, any of the following—

(a) destroy, damage or remove any thing that is being used or intended to be used by the Board for the suppression or destruction of any animals in the Preserve,

(b) interfere with any thing that is being used or intended to be used by the Board for the suppression or destruction of any animals in the Preserve in a manner that is likely to impair its effectiveness,

(c) remove, relocate, damage, destroy or obscure by any means any sign or notice that has been erected or displayed in the Preserve by the Board,

(d) interfere with or obstruct any action taken by the Board for the purpose of the care, control and management of the Preserve.

Maximum penalty—50 penalty units.

Consent of the Board

74 Consent of the Board

(1) The consent of the Board under this Part may be given—

(a) by means of a written statement, or

(b) by means of a notice referred to in clause 93, or

(c) in the form of a permit, licence, approval or other form of authorisation.

(2) Such a consent may be given—

(a) either generally or in a particular case, and

(b) either unconditionally or subject to conditions.

Defences

75 Defences

A person does not commit an offence under this Part for anything done or omitted—

(a) by a member of staff of the Board in the exercise of his or her employment as such, or

(b) under the oral or written direction of the Board.

Part 7

Sale and consumption of alcohol

Part 7 Sale and consumption of alcohol

Definitions

76 Definitions

In this Part—

approved premises, in relation to an approved seller, means any premises at which the seller is authorised to sell or distribute liquor in accordance with the approval of the Board.

approved seller means a person granted an approval by the Board to sell or distribute liquor on the Island.

liquor has the same meaning as it has in the Liquor Act 2007.

Sale and consumption of liquor

77 Sale and consumption of liquor

(1) The Board may acquire liquor and store, sell and distribute liquor on the Island.

(2) A person must not, except in accordance with the approval of the Board, sell or distribute liquor on the Island.

Maximum penalty—50 penalty units.

Alcohol-free zones

78 Alcohol-free zones

(1) The Board may prohibit the drinking of liquor in an area in a public place by erecting conspicuous signs on the outer limits of the area and at suitable intervals in the area that indicate that the drinking of liquor is prohibited in that area.

(2) A person must not drink liquor in such an area.

Maximum penalty—50 penalty units.

Prevention of excessive consumption of alcohol

79 Prevention of excessive consumption of alcohol

(1) An approved seller must not permit—

(a) intoxication, or

(b) any indecent, violent or quarrelsome conduct,

on approved premises.

Maximum penalty—50 penalty units.

(2) An approved seller must not, on approved premises, sell or supply liquor to an intoxicated person.

Maximum penalty—50 penalty units.

(3) If an intoxicated person is on approved premises, the approved seller is taken to have permitted intoxication on those premises unless the approved seller proves—

(a) that the approved seller took all relevant steps or all other reasonable steps to prevent intoxication on the premises, or

(b) that the intoxicated person did not consume alcohol on the premises.

(4) For the purposes of subclause (3) (a), the following are the relevant steps—

(a) asked the intoxicated person to leave the premises,

(b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises,

(c) refused to serve the person any alcohol after becoming aware that the person was intoxicated.

Self-exclusion of patrons from approved premises

80 Self-exclusion of patrons from approved premises

(1) A person (the participant) may request an approved seller to enter into an agreement (a self-exclusion agreement) with the person under which the person agrees to be prevented from entering or remaining on the approved premises specified in the agreement.

(2) A self-exclusion agreement is to be in the form approved by the Board. The approved form may contain specified requirements that must be complied with in relation to such an agreement, including specifying the circumstances in which approved sellers are required to comply with a request to enter into an agreement. The approved form may also include provision for the manner in which a self-exclusion agreement may be terminated by the parties to the agreement.

(3) If a request is made by a person to enter into a self-exclusion agreement, the approved seller must enter into the agreement if the circumstances in which the request is made comply with the circumstances specified in the form approved by the Board.

(4) Each of the parties to a self-exclusion agreement is required to comply with the terms of the agreement.

(5) It is lawful for the approved seller specified in a self-exclusion agreement, using no more force than is reasonable in the circumstances—

(a) to prevent the participant from entering the premises, and

(b) to remove the participant, or cause the participant to be removed, from the premises.

Non-voluntary exclusion of persons from approved premises

81 Non-voluntary exclusion of persons from approved premises

(1) In this clause—

authorised person means an approved seller, the Board or a police officer.

vicinity of approved premises means any place less than 50 metres from any point on the boundary of the premises.

(2) An authorised person may refuse to admit to, or may turn out of, approved premises any person—

(a) who is at the time intoxicated, violent, quarrelsome or disorderly, or

(b) whose presence on the approved premises renders the approved seller liable to a penalty under this Part, or

(c) who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the approved premises that is a smoke-free area within the meaning of that Act, or

(d) who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug (within the meaning of the Drug Misuse and Trafficking Act 1985).

(3) If, under subclause (2), a person has been refused admission to, or has been turned out of, approved premises, an authorised person may, at any time, refuse to admit that person to the approved premises or may turn the person out of the approved premises.

(4) If a person in respect of whom an authorised person is, under subclause (2) or (3), entitled to refuse admission to approved premises is on the premises, the person must, on being required so to do by an authorised person, leave the premises.

Maximum penalty—50 penalty units.

(5) For the purposes of this clause, such reasonable degree of force as may be necessary may be used to turn a person out of approved premises.

(6) A person who has been refused admission to, or turned out of, approved premises in accordance with this clause because the person was intoxicated, violent, quarrelsome or disorderly, must not re-enter or attempt to re-enter the premises within 24 hours of being refused admission or being turned out.

Maximum penalty—50 penalty units.

(7) After the 24-hour period ends in relation to any such person, an authorised person is not prevented from exercising the powers under subclause (3) in relation to the person.

(8) A person who has been refused admission to, or turned out of, approved premises in accordance with this clause because the person was intoxicated, violent, quarrelsome or disorderly, must not, without reasonable excuse—

(a) remain in the vicinity of the premises, or

(b) re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out.

Maximum penalty—50 penalty units.

(9) Without limiting subclause (8), a person has a reasonable excuse for remaining in, or re-entering, the vicinity of approved premises if—

(a) the person reasonably fears for his or her safety if he or she does not remain in, or re-enter, the vicinity of the premises, or

(b) the person needs to remain in, or re-enter, the vicinity of the premises in order to obtain transport, or

(c) the person resides in the vicinity of the premises.

(10) In the prosecution for an offence under subclause (8), the burden of proving that a person had a reasonable excuse for remaining in, or re-entering, the vicinity of the approved premises concerned is on the person charged.

(11) The functions that may be exercised under this clause by an authorised person who is an approved seller may only be exercised in relation to the approved premises to which the seller’s approval relates.

(12) A reference in this clause to turning a person out of approved premises includes a reference to causing the person to be turned out.

(13) Nothing in this Part operates to limit any other right a person has to refuse to admit a person to, or to turn a person out of, approved premises.

Banning orders

82 Banning orders

(1) The Minister may, by order in writing given to a person, prohibit the person from entering or remaining on the approved premises specified in the order.

(2) An application for an order under this clause may be made by—

(a) the Commissioner of Police, or

(b) the Board.

(3) The application must be in the form approved by the Minister.

(4) The Minister may make such an order under this clause only if the Minister is satisfied that the person the subject of the proposed order has repeatedly been intoxicated, violent, quarrelsome or disorderly on or in the immediate vicinity of the approved premises to which the order relates.

(5) An order under this clause must specify a period (not exceeding 6 months) during which the order is in force.

(6) In deciding whether to make an order under this clause, the Minister is not to take into consideration the person’s race or ethnic or national origins.

(7) A person who is the subject of an order under this clause must not enter or attempt to enter, or remain on, the approved premises to which the order relates.

Maximum penalty—50 penalty units.

Part 8

Motor vehicles

Part 8 Motor vehicles

Meaning of motor vehicle

83 Meaning of motor vehicle

In this Part, motor vehicle means a vehicle (other than an aircraft or a vessel) propelled by volatile spirit, steam, gas, oil or electricity and includes—

(a) an incomplete or partially constructed motor vehicle, or

(b) the chassis, body, frame or remains of a motor vehicle, or

(c) a trailer or caravan.

Approval to import motor vehicles

84 Approval to import motor vehicles

(1) A person must not, except in accordance with the approval of the Board, bring a motor vehicle onto the Island.

Maximum penalty—50 penalty units.

(2) An application for approval to bring a motor vehicle onto the Island must relate to one vehicle only.

Seizure of unlawfully imported motor vehicles

85 Seizure of unlawfully imported motor vehicles

(1) The Board may direct the person in charge of a motor vehicle that has been brought onto the Island without the Board’s approval to remove the vehicle from the Island.

(2) A person to whom such a direction is given must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—50 penalty units.

(3) If the person, without reasonable excuse, fails to comply with the direction, the Board may seize the motor vehicle and cause it to be removed from the Island.

(4) The Board may recover the reasonable cost of removal from the person as a debt.

(5) In this clause, person in charge, in relation to a motor vehicle, means—

(a) the person for the time being having control of the motor vehicle, or

(b) if no person has control of the motor vehicle for the time being—the person for the time being entitled to possession of the motor vehicle, whether as owner, lessee, licensee or otherwise.

Hire of motor vehicles

86 Hire of motor vehicles

(1) A person must not, except in accordance with the approval of the Board, hire or offer for hire a motor vehicle to any other person for use on the Island.

Maximum penalty—50 penalty units.

(2) This clause applies whether or not the person from whom the motor vehicle is or is to be hired, or any employee or agent of that person, is to drive or ride the motor vehicle.

Use of motor vehicles

87 Use of motor vehicles

(1) A person must not drive or ride a motor vehicle on the Island unless the Board has given its approval to the use of that vehicle on the Island.

(2) A person who has obtained the approval of the Board under this clause may drive or ride the motor vehicle concerned only in accordance with that approval.

Maximum penalty—50 penalty units.

Part 9

Mooring

Part 9 Mooring

Definitions

88 Definitions

In this Part—

Lagoon means the area consisting of—

(a) the Lord Howe Island Lagoon situated on the western side of Lord Howe Island, and

(b) the foreshores of that Lagoon, and

(c) the shores of Blackburn Island, and

(d) any passage through the reefs adjacent to that Lagoon.

mooring apparatus means any structure or device capable of being used to secure a vessel while afloat, but does not include the anchor of a vessel at anchor.

Unlawful construction or removal of moorings

89 Unlawful construction or removal of moorings

(1) A person must not, except in accordance with the approval of the Board—

(a) construct any mooring apparatus in the Lagoon, or

(b) remove any mooring apparatus from the Lagoon.

Maximum penalty—50 penalty units.

(2) An approval referred to in subclause (1) may not be transferred between persons and may be cancelled by the Board at any time.

Approval for use of mooring apparatus

90 Approval for use of mooring apparatus

(1) A person must not, except in accordance with the approval of the Board, attach a vessel to a mooring apparatus in the Lagoon.

Maximum penalty—50 penalty units.

(2) An approval referred to in subclause (1) may not be transferred between persons and may be cancelled by the Board at any time.

Anchoring of vessels

91 Anchoring of vessels

(1) A person must not, except in accordance with the approval of the Board, anchor a vessel in the Lagoon.

Maximum penalty—50 penalty units.

(2) This clause does not apply to—

(a) a vessel attached to a mooring apparatus, or

(b) a vessel with an overall length of less than 5 metres.

Removal of unlawfully moored or anchored vessels

92 Removal of unlawfully moored or anchored vessels

(1) The Board may direct the person in charge of a vessel that is unlawfully moored or anchored in the Lagoon to remove the vessel.

(2) A person to whom such a direction is given must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—50 penalty units.

(3) If the person, without reasonable excuse, fails to comply with the direction, the Board may carry out the direction and recover the reasonable cost of carrying out the direction from the person as a debt.

(4) In this clause, person in charge, in relation to a vessel, means—

(a) the person for the time being having control of the vessel, or

(b) if no person has control of the vessel for the time being—the person for the time being entitled to possession of the vessel, whether as owner, lessee, licensee or otherwise.

Part 10

Miscellaneous

Part 10 Miscellaneous

Restrictions relating to use of public reserves and vacant Crown land

93 Restrictions relating to use of public reserves and vacant Crown land

(1) This clause applies to the following land—

(a) the Lord Howe Island Permanent Park Preserve,

(b) Crown land that is reserved or dedicated for a public purpose under section 19 of the Act,

(c) vacant Crown land.

(2) The Board may direct a person to remove from any land to which this clause applies any item that is deposited on the land, whether or not the item was deposited by the person, if—

(a) in the opinion of the Board, the size, shape, nature or volume of the item makes the place where it is deposited disorderly or detrimentally affects the proper use of that place, and

(b) the person owns, or is otherwise responsible for, the item.

(3) A person to whom such a direction is given must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—50 penalty units.

(4) If the person, without reasonable excuse, fails to comply with the direction, the Board may remove the item and recover the reasonable cost of doing so from the person as a debt.

(5) The Board may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of land to which this clause applies and which is specified in the notice, prohibit the use of the land for a purpose specified, or otherwise than for a purpose specified, in the notice.

(6) A person must not, without reasonable excuse, fail to comply with the terms of a notice erected under this clause.

Maximum penalty—50 penalty units.

(7) Section 632 of the Local Government Act 1993 applies to a notice under this clause as if references in that section to—

(a) a council were references to the Board, and

(b) a public place within an area of a council were references to the land to which this clause applies.

Camping on the Island

94 Camping on the Island

A person must not, except in accordance with the approval of the Board, camp on—

(a) the Lord Howe Island Permanent Park Preserve, or

(b) Crown land that is reserved or dedicated for a public purpose under section 19 of the Act, or

(c) vacant Crown land.

Maximum penalty—50 penalty units.

Discharge of firearms

95 Discharge of firearms

(1) A person must not, except in accordance with the approval of the Board, discharge a firearm on the Island.

Maximum penalty—50 penalty units.

(2) This clause does not apply to—

(a) a person in the exercise of his or her functions as a police officer, or

(b) a person in the exercise of his or her functions as a member of the armed forces of the Commonwealth, or of any government that is allied or associated with the Commonwealth in any war or joint military exercise in which the Commonwealth is engaged, or

(c) a person carrying out lawful activities on land—

(i) that the person lawfully occupies under the Act, or

(ii) on to which the person has entered with the consent of a person who lawfully occupies the land under the Act.

Island airport

96 Island airport

(1) The Board may prohibit the following from entering the Island airport, or a part of the Island airport—

(a) all persons, or all persons other than persons of a class specified in the notice,

(b) all vehicles, or all vehicles of a class specified in the notice,

by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of the Island airport.

(2) A person must not, without reasonable excuse, fail to comply with the terms of such a notice.

Maximum penalty—50 penalty units.

(3) Section 632 of the Local Government Act 1993 applies to a notice under this clause as if references in that section to—

(a) a council were references to the Board, and

(b) a public place within an area of a council were references to the Island airport.

(4) Despite subclause (3), section 632 (2A) (b) of the Local Government Act 1993 does not apply to a notice under this clause.

(5) A person at the Island airport, or in charge of a vehicle at the airport, must comply with any reasonable direction given to the person by the Board in relation to the operation of the airport.

Maximum penalty—50 penalty units.

(6) A reference in this clause to the Island airport is a reference to the land identified as Portion 180 on the map marked “LHI 134–2909NOTATION PLAN” held at the Island office of the Board.

Directions relating to operation of wharf

97 Directions relating to operation of wharf

A person who is on any wharf on the Island, or who is in charge of a vessel at any such wharf, must comply with any reasonable direction given to the person by the Board in relation to the operation of the wharf.

Maximum penalty—50 penalty units.

Human waste storage and treatment facilities

98 Human waste storage and treatment facilities

(1) A person must not, except in accordance with the approval of the Board, install, construct or alter a septic tank or other human waste storage or treatment facility or a drain connected to any such tank or facility.

Maximum penalty—50 penalty units.

(2) The Board may order the owner or occupier of land or premises to repair, maintain or replace a septic tank or other human waste storage or treatment facility on the land or premises if the tank or facility is not in a safe or healthy condition.

(3) The provisions of the Local Government Act 1993 applicable to the making and enforcement by a council of orders apply to an order under this clause as if references in that Act to a council were references to the Board.

(4) A person who fails to comply with an order given to the person under this clause is guilty of an offence.

Maximum penalty—50 penalty units.

Power of entry

99 Power of entry

(1) For the purpose of enabling the Board to exercise its functions, a person authorised by the Board may enter any premises.

(2) The provisions of Part 2 of Chapter 8 (section 201 excepted) of the Local Government Act 1993 apply to and in respect of the entry onto premises under this clause as if references in that Part to—

(a) a council were references to the Board, and

(b) the general manager were references to the manager or the chairperson of the Board,

(c) the Act were references to the Lord Howe Island Act 1953.

(3) A person must not obstruct, hinder or interfere with a person authorised under subclause (1) in the exercise of functions under this clause.

Maximum penalty—50 penalty units.

100

Procedure for Board meetings

100 Procedure for Board meetings

(1) A regulation made under item 2 of Schedule 6 to the Local Government Act 1993 in relation to the conduct of meetings of a council and its committees applies in relation to the conduct of meetings of the Board.

(2) Such a regulation applies in relation to the conduct of meetings of the Board with such modifications as the Board determines are necessary.

101

Code of conduct

101 Code of conduct

Section 440 of the Local Government Act 1993 applies to the Board as if in that section references to—

(a) a council were references to the Board, and

(b) a councillor were references to a member of the Board, and

(c) an ordinary election were references to an election required to be conducted under section 9A (b) of the Act.

102

Charge on tourists

102 Charge on tourists

(1) A tourist to the Island must pay to the Board a charge of $50 or a lesser charge determined by the Board in relation to the tourist or class of tourist concerned.

(2) A tourist who fails to pay the charge is guilty of an offence.

Maximum penalty—50 penalty units.

(3) No such charge is payable in respect of a person, or persons of a class, exempted by the Board.

(4) The charge must be paid in the manner and at a place specified by the Board.

103

Penalty notice offences and penalties

103 Penalty notice offences and penalties

(1) For the purposes of section 37B of the Act—

(a) each offence created by a provision specified in Column 1 of Schedule 3 is an offence for which a penalty notice may be served, and

(b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of that Schedule.

(2) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.

104

Savings

104 Savings

Any act, matter or thing that, immediately before the repeal of the Lord Howe Island Regulation 2004, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1

Forms

Schedule 1 Forms

(Clause 3 (2))

Form 1 Nomination of candidate

(Clause 13 (2))

We, being entitled to be included in the roll for the election of members of the Lord Howe Island Board, nominate [full name in block letters] of [place of residence as enrolled] as a candidate for that election.

Date—

I, [name of candidate], consent to the nomination.

Candidate’s signature—

Note.

This form must be completed by at least 2 nominators.

Form 2 Application for lease in perpetuity for the purpose of residence

(Clause 37(1))

Lord Howe Island Act 1953, section 21

I, [full name], being an Islander, apply for a lease in perpetuity of the land described below (and shown on the accompanying sketch—required if the land is not a measured portion) for the purpose of residence.

I have made the declaration on the back of this form.

Signed this day of , 20 .

Signature—

Address—

To the Chairperson,
Lord Howe Island Board.

Note.

The following declaration is to be published on the back of this form.

Declaration by applicant

I, [full name], of [address], solemnly declare and affirm that I am the applicant for a lease in perpetuity for the purpose of residence of the land described on the front and that the answers to the questions in the Schedule are correct.

Schedule

| 1 | On what grounds do you claim to be an Islander? | | 2 | What is the date and place of your birth? | | 3 | (a) What is your marital status?(b) State the age and sex of any children living with you, or dependent on you. | | 4 | Do you or does your spouse or any child mentioned in answer to question 3 hold any land? If so, give area, location, particulars of title and state by whom it is held. | | 5 | Are you already residing on the land the subject of this application? If so, state how long you have been in residence. | | 6 | Are there any improvements on the land the subject of this application? Give brief particulars and estimated values of the improvements. |

I make this solemn declaration as to the above matters according to the law in this behalf made and subject to the punishment by law provided for any wilfully false statement in any such declaration.

Signature of Declarant—

Made before me [name of witness], a [qualification of witness], at this day of , 20 .

Signature of a Justice of the Peace, Commissioner for Affidavits or Notary Public—

Certificate under section 34 (1) (c) of Oaths Act 1900

*Please cross out any text that does not apply

I [insert name of witness], a *Justice of the Peace/*Commissioner for Affidavits/*Notary Public, certify the following matters concerning the making of this statutory declaration by the person who made it—

1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.

2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].

[insert signature of witness]

Date—

Form 3 Application for special leases

(Clause 37 (2))

Lord Howe Island Act 1953, section 22

I, [full name] apply for a special lease for the purpose of [state use intended to be made of land] of the land described below (and shown on the accompanying sketch—required if the land is not a measured portion)—

I have made the declaration on the back of this form.

Signed this day of , 20 .

Signature—

Address—

To the Chairperson,
Lord Howe Island Board.

Note.

The following declaration is to be published on the back of this form.

Declaration by applicant

I, [full name], of [address], solemnly declare and affirm that I am the applicant for a special lease of the land described on the front and that the answers to the questions in the Schedule are correct.

Schedule

| 1 | (a) Are you the holder of a lease in perpetuity for residence under section 21 of the Lord Howe Island Act 1953?(b) If you are not the holder at present, have you applied for such a lease? | | 2 | (a) Are you already using the land the subject of this application?(b) If so, for what purpose and for how long? | | 3 | Are there any improvements on the land the subject of this application? Give brief particulars and estimated values of the improvements. |

I make this solemn declaration as to the above matters according to the law in this behalf made and subject to the punishment by law provided for any wilfully false statement in any such declaration.

Signature of Declarant—

Made before me [name of witness], a [qualification of witness], at this day of , 20 .

Signature of a Justice of the Peace, Commissioner for Affidavits or Notary Public—

Certificate under section 34 (1) (c) of Oaths Act 1900

*Please cross out any text that does not apply

1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.

2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].

[insert signature of witness]

Date—

Form 4 Lease in perpetuity for the purpose of residence

(Clause 38)

Lord Howe Island Act 1953, section 21

Pursuant to section 21 of the Lord Howe Island Act 1953 (the Act), I, the Minister administering the Act, grant to [name of lessee], his or her executors, administrators and assigns a lease in perpetuity for the purpose of residence of a parcel of land containing [specify number of hectares] hectares and being measured portion [specify portion details] situated on Lord Howe Island (not including any roads within the boundaries of that portion) being Lease in Perpetuity No. [specify No.] (shown in the attached plan), together with all rights, easements and appurtenances to hold the land in perpetuity subject to the Act and the regulations made under the Act and to the following conditions—

Signature—

Minister administering the Lord Howe Island Act 1953

Note.

Persons dealing with this lease are warned that a search should be made in the Lord Howe Island office of the Lord Howe Island Board in order to ascertain whether the lease is still current or whether it has been forfeited or cancelled.

Form 5 Application for consent to transfer a lease or part of a lease or to sublet a lease

(Clause 39 (1))

Lord Howe Island Act 1953, section 23

Pursuant to section 23 of the Lord Howe Island Act 1953, I, [full name], of [address], the holder of the lease(s) specified in Schedule 1, apply for the consent of the Minister (and the approval of the Governor) to transfer such lease(s) or part(s) of such lease(s) by way of (sale, mortgage) or sublet such lease(s) [give particulars of subletting] to [proposed transferee or sublessees], of [address].

Declaration marked “A” has been made by me.

I enclose a certified copy of the original agreement or contract for the sale of such lease(s) or part(s) of such lease(s) and apply for approval of that agreement or contract. [Strike out if there is no written agreement or contract]

I also enclose a sketch showing the subdivision line or lines and indicating the part(s) of the lease(s) proposed to be transferred. [Strike out if it is proposed to transfer whole of lease(s)]

Schedule 1

Signature of person proposing to transfer or sublet—

Address to which notices are to be sent—

To the Chairperson,
Lord Howe Island Board.

Declaration “A” by persons proposing to transfer or sublet

I, [full name], of [address], being the holder of the lease(s) specified in Schedule 1, solemnly declare and affirm that the answers to the questions in Schedule 2 are correct in every particular.

Schedule 2

| 1 | What is the date of your birth? | | 2 | What are your reasons for wishing to transfer your lease(s) or part(s) of such lease(s) or sublet your lease(s)? State fully. | | 3 | Are there any improvements on the land proposed to be transferred? Give brief particulars and estimated values of the improvements. | | 4 | What is the amount—(a) of the consideration agreed on?(b) of the sum for goodwill included in the consideration? | | 5 | Have you made any agreement or contract for the sale of the lease(s) or part(s) of such lease(s)? | | | If so, a certified copy should be lodged with this application. | | 6 | Is the person to whom you propose to transfer your lease(s) or part(s) of such lease(s) or sublet your lease(s) an Islander? | | 7 | If the person to whom you propose to transfer your lease(s) or part(s) of such lease(s), or sublet your lease(s), as the case may be, is not an Islander, is there any Islander residing on the Island who desires and is in a position to take such transfer or sublease? Indicate the grounds for your answer to this question. |

I make this solemn declaration as to the above matters according to the law in this behalf made and subject to the punishment by law provided for any wilfully false statement in any such declaration.

Signature of Declarant—

Made before me [name of witness], a [qualification of witness], at this day of , 20 .

Signature of a Justice of the Peace, Commissioner for Affidavits or Notary Public—

Certificate under section 34 (1) (c) of Oaths Act 1900

*Please cross out any text that does not apply

1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.

2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].

[insert signature of witness]

Date—

Declaration “B” by proposed transferee or sublessee

I, [full name], of [address], solemnly declare and affirm that I am the person to whom [the proposed transferor] proposes to transfer the lease(s) or part(s) of such lease(s) (or to sublet) the lease(s) particularised in Schedule 1, that the transaction is entered into in good faith, and that Schedule 3 contains a true statement of all lands now held by me, my spouse and my children living with me or dependent on me.

Schedule 3

I solemnly declare and affirm that my sole object in acquiring the land is in order that I may hold and use it for my own exclusive benefit, and that the answers to the questions in Schedule 4 are true and correct in every particular.

Schedule 4

| 1 | Are you an Islander? If so, state the grounds on which you claim to be one. | | 2 | What is the date and place of your birth? | | 3 | (a) What is your marital status?(b) State the age and sex of any children living with you or dependent on you. | | 4 | What is the amount—(a) of the consideration agreed on?(b) of the sum for goodwill included in the consideration? | | 5 | What are your reasons for wishing to acquire the subject lease(s) or part(s) of such lease(s)? Indicate the use you intend to make of the land. |

I make this solemn declaration as to the above matters according to the law in this behalf made and subject to the punishment by law provided for any wilfully false statement in any such declaration.

Signature of Declarant—

Address to which notices are to be sent—

Made before me [name of witness], a [qualification of witness], at this day of , 20 .

Signature of a Justice of the Peace, Commissioner for Affidavits or Notary Public—

Certificate under section 34 (1) (c) of Oaths Act 1900

*Please cross out any text that does not apply

1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.

2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].

[insert signature of witness]

Date—

Form 6 Transfer of lease

(Clause 40 (1))

Lord Howe Island Act 1953, section 23

I, [full name] of [address] in consideration of the sum of [specify sum] (the receipt of which is acknowledged) transfer by way of [sale, mortgage] to [full name] of [address] all [my, its] estate and interest in the land described as follows—

Signed at the day of , 20 .

Signed in my presence—

Witness

Signature of transferor—

I accept this transfer.

Signed in my presence—

Witness

Signature of transferee—

Notes—

Memorandum of non-revocation of power of attorney

[I/We] have had no notice of revocation of the Power of Attorney registered No [specify No.] Miscellaneous Register under the authority of which [I/we] have just signed the transfer.

Signed at the day of , 20 .

Witness—

Notes—

Form 7 Instrument of surrender

(Clause 42)

Lord Howe Island Act 1953, section 22A

I, [full name] of [address] being the holder of the land described below, surrender the land to the Crown, intending that the land will vest in the Crown as Crown land.

[Description of land to be surrendered that will enable it to be identified]

Signed at this day of , 20 .

Signature of surrenderor—

Signed in my presence by [full name of surrenderor] who is personally known to me.

Signature of Justice of the Peace—

I, [full name of mortgagee if surrender is by mortgagor], the mortgagee under Mortgage No [specify No], join in this surrender.

Signed at this day of , 20 .

Signature of mortgagee—

Signed in my presence by [full name of mortgagee] who is personally known to me.

Signature of Justice of the Peace—

I, [full name of mortgagor if surrender is by mortgagee], being the mortgagor of the land described above, join in this surrender.

Signed at this day of , 20 .

Signature of mortgagor—

Signed in my presence by [full name of mortgagor] who is personally known to me.

Signature of Justice of the Peace—

Accepted for and on behalf of the Crown this day of , 20 .

Signature of Minister—

Signed in my presence by the Minister administering the Lord Howe Island Act 1953, who is personally known to me.

Signature of witness—

Schedule 2

Fees

Schedule 2 Fees

| Item No | | Fee ($) | | 1 | Application under section 21 of the Act for a lease in perpetuity | 60.00 | | 2 | Application under section 22 of the Act for a special lease | 60.00 | | 3 | Issue of a lease in perpetuity under section 21 or 23 (4B) (a) (i) of the Act | 50.00 | | 4 | Application under section 22 (2) of the Act for extension of the term of a special lease | 60.00 | | 5 | Application under section 23 of the Act for consent to transfer or sublet a lease | 50.00 | | 6 | Application under section 23 of the Act for a certificate of the Minister that a person on whom a lease has devolved under a will or intestacy is entitled to hold the lease | 50.00 | | 7 | Application under section 23 of the Act for permission to enter into possession under a mortgage or for consent to foreclose a mortgage | 50.00 | | 8 | Lodgment of a transfer of the whole or part of a lease under clause 40 | 40.00 | | | And for each lease or part of a lease after the first included in the transfer | 17.00 | | 9 | If it is necessary to investigate evidence (submitted in support of a transfer) that a person is entitled to transfer a lease or to execute the transfer on behalf of a proposed transferee, an additional | 40.00 |

Schedule 3

Penalty notice offences

Schedule 3 Penalty notice offences

(Clause 103)

| Column 1 | Column 2 | | Provision | Penalty | | Clause 36 (a), (c) or (d) | $110 | | Clause 49 | $330 | | Clause 50 (2) | $330 | | Clause 57 | $110 | | Clause 58 (1) | $330 | | Clause 59 (1) | $330 | | Clause 60 | $330 | | Clause 61 | $330 | | Clause 62 (1) | $330 | | Clause 62 (2) | $330 | | Clause 64 (1) | $330 | | Clause 64 (3) | $330 | | Clause 65 | $330 | | Clause 66 (3) | $330 | | Clause 68 (2) | $330 | | Clause 68 (4) | $330 | | Clause 69 (1) | $330 | | Clause 70 (1) | $330 | | Clause 71 (1) | $330 | | Clause 72 (1) | $330 | | Clause 72 (4) | $330 | | Clause 73 | $330 | | Clause 77 (2) | $1,100 | | Clause 78 (2) | $330 | | Clause 79 (1) | $1,100 | | Clause 79 (2) | $1,100 | | Clause 81 (4) | $550 | | Clause 81 (6) | $550 | | Clause 81 (8) | $550 | | Clause 82 (7) | $550 | | Clause 84 (1) | $330 | | Clause 85 (2) | $330 | | Clause 86 (1) | $330 | | Clause 87 | $330 | | Clause 89 (1) | $330 | | Clause 90 (1) | $330 | | Clause 91 (1) | $330 | | Clause 92 (2) | $330 | | Clause 93 (3) | $330 | | Clause 93 (6) | $330 | | Clause 94 | $330 | | Clause 95 (1) | $330 | | Clause 96 (2) | $330 | | Clause 96 (5) | $330 | | Clause 97 | $330 | | Clause 98 (1) | $330 | | Clause 98 (4) | $330 | | Clause 102 (2) | $330 |

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Lord Howe Island Regulation 2014.

2 Commencement

This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Lord Howe Island Regulation 2004, which is repealed on 1 September 2014 under section 10 (2) of the Subordinate Legislation Act 1989.

3 Interpretation

(1) In this Regulation—

function includes a power, authority or duty, and exercise a function includes perform a duty.

the Act means the Lord Howe Island Act 1953.

Note.

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

(2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.

(3) Notes included in this Regulation do not form part of this Regulation.

4 Approvals

(1) The Board may determine an application for an approval referred to in this Regulation.

(2) The provisions of the Local Government Act 1993 applicable to approvals and the making and determination of applications for approvals apply to an approval, and to the making and determination of an application for an approval, referred to in this Regulation. Those provisions apply as if references in that Act to—

(a) a council were references to the Board, and

(b) an approved fee were references to the fee for the time being fixed by the Board under section 15 of the Act for the matter concerned, and