sec.116Application for permit

### sec.116 Application for permit A person may apply to a local government (the issuing entity ) for a stock route agistment permit for relevant land in the local government’s area. However, a person may apply only if— the person is a landowner and the owner’s land is adversely affected by drought, fire or flood; or the person is travelling stock under a stock route travel permit and the stock require agistment for— branding, crutching, dipping, drenching, jetting, shearing or trucking; or spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or both of the following apply— the permit is for either— if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; the issuing entity has given notice that a person may apply for a permit for the land. A notice mentioned in subsection (2) (c) (ii) must— be published in at least 1 of the following ways— on a relevant website; in a regional newspaper circulating generally in the area in which the land is situated; in an electronic version of a newspaper mentioned in subparagraph (ii) ; and identify the land; and invite persons to apply for a permit within 7 days after the notice is published. The application— may be made in writing, electronically or orally; and must be accompanied by the application fee prescribed by regulation. However, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship. If the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation. s 116 amd 2004 No. 33 s 12 ; 2023 No. 2 s 63 (sec.116-ssec.1) A person may apply to a local government (the issuing entity ) for a stock route agistment permit for relevant land in the local government’s area. (sec.116-ssec.2) However, a person may apply only if— the person is a landowner and the owner’s land is adversely affected by drought, fire or flood; or the person is travelling stock under a stock route travel permit and the stock require agistment for— branding, crutching, dipping, drenching, jetting, shearing or trucking; or spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or both of the following apply— the permit is for either— if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; the issuing entity has given notice that a person may apply for a permit for the land. (sec.116-ssec.3) A notice mentioned in subsection (2) (c) (ii) must— be published in at least 1 of the following ways— on a relevant website; in a regional newspaper circulating generally in the area in which the land is situated; in an electronic version of a newspaper mentioned in subparagraph (ii) ; and identify the land; and invite persons to apply for a permit within 7 days after the notice is published. (sec.116-ssec.4) The application— may be made in writing, electronically or orally; and must be accompanied by the application fee prescribed by regulation. (sec.116-ssec.5) However, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship. (sec.116-ssec.6) If the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation. - (a) the person is a landowner and the owner’s land is adversely affected by drought, fire or flood; or - (b) the person is travelling stock under a stock route travel permit and the stock require agistment for— (i) branding, crutching, dipping, drenching, jetting, shearing or trucking; or (ii) spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or - (i) branding, crutching, dipping, drenching, jetting, shearing or trucking; or - (ii) spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or - (c) both of the following apply— (i) the permit is for either— (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; (ii) the issuing entity has given notice that a person may apply for a permit for the land. - (i) the permit is for either— (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; - (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or - (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; - (ii) the issuing entity has given notice that a person may apply for a permit for the land. - (i) branding, crutching, dipping, drenching, jetting, shearing or trucking; or - (ii) spelling to comply with the owner’s obligations under an Act relating to the care or protection of the stock; or - (i) the permit is for either— (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; - (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or - (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; - (ii) the issuing entity has given notice that a person may apply for a permit for the land. - (A) if the issuing entity is a local government prescribed for section 104 —relevant land identified in the issuing entity’s stock route network management plan as land containing more pasture and water than is needed for the use of travelling stock; or - (B) otherwise—relevant land the issuing entity is satisfied contains more pasture and water than is needed for the use of travelling stock; - (a) be published in at least 1 of the following ways— (i) on a relevant website; (ii) in a regional newspaper circulating generally in the area in which the land is situated; (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and - (i) on a relevant website; - (ii) in a regional newspaper circulating generally in the area in which the land is situated; - (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and - (b) identify the land; and - (c) invite persons to apply for a permit within 7 days after the notice is published. - (i) on a relevant website; - (ii) in a regional newspaper circulating generally in the area in which the land is situated; - (iii) in an electronic version of a newspaper mentioned in subparagraph (ii) ; and - (a) may be made in writing, electronically or orally; and - (b) must be accompanied by the application fee prescribed by regulation.