Queensland: Stock Route Management Act 2002 (Qld)

Stock Route Management Act 2002 An Act about the management of the stock route network, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Stock Route Management Act 2002. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Purpose and application of Act Division 1 Purpose 3 Main purpose of Act The main purpose of this Act is to provide for stock route network management. 4 How purpose is achieved The purpose is to be achieved mainly by the following— (a) establishing principles of stock route network management; (b) providing for stock route network management planning; (c) establishing responsibilities for stock route network management; (d) constructing and maintaining travelling stock facilities on the stock route network; (e) monitoring, surveying and controlling the movement of travelling stock. Division 2 Application 5 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 6 Relationship with particular Acts Subject to subsection (2), this Act does not affect the application of the Nature Conservation Act 1992 or the Forestry Act 1959. 7 [Repealed] Part 3 Interpretation 8 Definitions The dictionary in schedule 3 defines particular words used in this Act. 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Commitment • Effective management of the stock route network requires a long-term commitment by the community to management of the network. Consultation and partnership • Consultation and partnership arrangements between local communities, industry groups, State government agencies and local governments must be established to achieve a collaborative approach to stock route network management. Management • The stock route network must be managed— (a) to ensure it remains available for public use; and (b) to maintain and improve the network's natural resources and travelling stock facilities for use by travelling stock and for other purposes. Payment for use • A person who benefits from using the network must pay a reasonable amount for its use. Planning • Stock route network management must be consistent at local, regional and State levels to ensure resources for managing the network are used to target management priorities. Monitoring and evaluation • Regular monitoring and evaluation of the network's natural resources and travelling stock facilities is necessary to improve stock route network management practices. 97A Stock route map (1) The chief executive may certify a map in digital electronic form as the stock route map for the State. (2) If the chief executive certifies a map under subsection (1)— (a) the chief executive must publish the map, as the current stock route map for the State, on the department's website; and (b) the map takes effect as the stock route map for the State on the day it is published under paragraph (a). (3) A map published under subsection (2)(a) stops having effect as the stock route map for the State if the chief executive publishes another map under the subsection. (4) The chief executive must, for each map that stops having effect as the current stock route map for the State under subsection (3), publish the map as a previous stock route map for the State on the department's website. (5) A map published under subsection (4) must state the period for which it had effect. Part 2 State stock route network management strategy 97B Definition for part In this part— prescribed local government means a local government to which part 3 applies. 98 State stock route network management strategy (1) The chief executive must have a State stock route network management strategy to direct and coordinate management of the network. (2) The strategy may include provision for the following— (a) recognising the network's multiple uses with the main use being for travelling stock; (b) preserving land corridor connections to ensure the integrity and viability of the network; (c) managing natural resources on the network in a sustainable way; (d) maintaining and improving travelling stock facilities on the network; (e) resolving competing and conflicting interests in relation to the network's use; (f) seeking community input into the network's management. Examples of uses for subsection (2)(a)— 1 public infrastructure and utilities, including roads, pipelines and telecommunication facilities 2 recreation, tourism or cultural use 3 other non-pastoral industries, including bee keeping, forestry, fossicking, mineral exploration and quarrying 99 Preparing strategy In preparing a State stock route network management strategy, the chief executive must have regard to the principles of stock route network management. 100 Duration of strategy (1) A State stock route network management strategy has effect for the period, of no more than 5 years, stated in it. (2) However, if the chief executive renews the strategy before the end of the stated period, the strategy stops having effect immediately before the renewed strategy commences. 100A Notice of strategy taking effect The chief executive must, as soon as practicable after a State stock route network management strategy takes effect, notify each prescribed local government of that fact. 101 Implementing strategy The chief executive must, as far as practicable, implement the State stock route network management strategy. 102 Reviewing, amending and renewing strategy (1) The chief executive may review, amend or renew a State stock route network management strategy as the chief executive considers appropriate. (2) However, the chief executive must review the effectiveness of the strategy at least 6 months before it stops having effect. (3) In amending the strategy, the chief executive must have regard to the principles of stock route network management. (4) If the chief executive amends or renews the strategy, the chief executive must notify each prescribed local government of the amendment or renewal. 103 Chief executive must publish copy of strategy (1) The chief executive must, on or before the day the State stock route network management strategy takes effect, publish a copy of the strategy on the department's website. (2) If the chief executive amends or renews the strategy under this part, the chief executive must publish the amended or renewed strategy on the department's website. Part 3 Stock route network management plans 104 Application of pt 3 This part applies only to a local government prescribed under a regulation for this section. 105 Local governments to adopt stock route network management plan (1) A local government must, within 1 year after being notified of a State stock route network management strategy taking effect under section 100A, adopt a stock route network management plan for managing stock routes in its area. (2) The plan may include provision for the following— (a) identifying the part of the stock route network in the local government's area; (b) achievable objectives under the plan; (c) strategies, activities and responsibilities for achieving the objectives; (d) strategies to inform the local community about the content of the plan and achievement of the plan's objectives; (e) monitoring implementation of the plan and evaluating its effectiveness; (f) other matters the local government considers appropriate for management of the stock route network in its area. (3) The plan must be consistent with— (a) the principles of stock route network management; and (b) the State stock route network management strategy. 106 Preparing draft plan—matters local government must have regard to (1) In preparing a draft stock route network management plan, a local government must have regard to the following— (a) the principles of stock route network management; (b) the State stock route network management strategy in relation to which the plan is being prepared; (c) the maintenance of travelling stock facilities and pasture for the needs of travelling stock on the local government's part of the stock route network; (d) the environmental and cultural values of the local government's part of the stock route network; (e) the uses, other than in relation to travelling stock, of the local government's part of the stock route network; (f) how the uses mentioned in paragraph (e) may affect the local government's part of the stock route network being used for travelling stock; (g) whether the local government's part of the stock route network needs management for controlled burning or grazing, declared pest treatment, erosion rehabilitation or pasture regeneration; (h) how the integrity of the local government's part of the stock route network can be maintained so that the network is not fragmented; (i) the interests of the local community in the local government's area, including, for example, the interests of landholders, Aboriginal communities, industry groups and members of the public. (2) For subsection (1), the local government's part of the stock route network is the part of the network that is in the local government's area. (3) In this section— declared pest see the Land Act 1994, schedule 6. 107 Preparing draft plan—consultation requirements for particular stock routes (1) This section applies if— (a) a local government is preparing a draft stock route network management plan for managing stock routes in its area; and (b) all or part of a stock route in the area is in, on, crosses or is adjacent to a protected area, State-controlled road or waterway. (2) The local government must, in preparing the draft plan— (a) consult with the interested department for the protected area, State-controlled road or waterway about requirements under Acts administered by the department that may impact on the use of the stock route for travelling stock; and (b) have regard to— (i) the requirements; and (ii) any recommendations of the interested department relating to the requirements. (3) In this section— interested department— (a) for a protected area—means the department in which the Nature Conservation Act 1992 is administered; or (b) for a State-controlled road—means the department in which the Transport Infrastructure Act 1994 is administered; or (c) for a waterway—means the department in which the Fisheries Act 1994 is administered. protected area see the Nature Conservation Act 1992, schedule. waterway see the Fisheries Act 1994, schedule 1. 108 Preparing draft plan—other consultation requirement (1) This section applies if— (a) a local government is preparing a draft stock route network management plan for managing stock routes in its area; and (b) the chief executive officer of the local government considers a requirement under an Act may impact on the use of 1 or more of the stock routes for travelling stock. (2) The local government must, in preparing the draft plan— (a) consult with the department in which the Act is administered about the requirement; and (b) have regard to— (i) the requirement; and (ii) any recommendations of the department relating to the requirement. (3) This section applies in addition to section 107. 109 Notice of draft plan and consideration of public submissions (1) A local government must, as soon as possible after preparing a draft stock route network management plan, give public notice of that fact. (2) The notice must— (a) be published in at least 1 of the following ways— (i) on a relevant website; (ii) in a regional newspaper circulating generally in the local government's area; (iii) in an electronic version of a newspaper mentioned in subparagraph (ii); and (b) state a website where an online copy of the draft plan may be accessed; and (c) invite the public to make written submissions about the draft plan to the local government within 28 days after the notice is published (the submission period). (3) The local government must— (a) ensure the draft plan is published on the website mentioned in subsection (2)(b) for the entire submission period; and (b) if written submissions are made about the draft plan under subsection (2)(c)— (i) consider the submissions; and (ii) make any amendments to the plan the local government considers appropriate in relation to the submissions. 110 Adopting plan A local government may adopt a stock route network management plan, by resolution, if— (a) sections 106 to 109 have been complied with in relation to the plan; and (b) the local government is satisfied the plan complies with section 105(3). 111 Duration of plan (1) A local government's stock route network management plan takes effect from the start day stated in the plan. (2) The start day must be after the day the plan is adopted but within 1 year after the day the chief executive notifies the local government, under section 100A, about the State stock route network management strategy in relation to which the plan is prepared. (3) The plan stops having effect on the earlier of the following— (a) immediately before another stock route network management plan of the local government takes effect under subsection (1); (b) the day that is 1 year after the chief executive notifies the local government, under section 100A, about a new State stock route network management strategy taking effect. (4) Also, if the plan is renewed under section 113— (a) the plan stops having effect immediately before the renewed plan takes effect; and (b) subsections (1) and (3) apply to the renewed plan. 112 Implementing plan A local government must, as far as practicable, implement its stock route network management plan. 113 Reviewing, amending and renewing plan (1) A local government may review, amend or renew its stock route network management plan as the chief executive officer of the local government considers appropriate. (2) However, the local government must review the effectiveness of the plan at least 3 months before the start of each financial year. (3) Also, if the chief executive notifies the local government of an amendment of the State stock route network management strategy under section 102(4), the local government must, within 1 year after receiving the notice— (a) review the plan; and (b) if necessary, amend the plan to ensure it is consistent with the amended strategy. (4) Further, if the chief executive notifies the local government of the renewal of the State stock route network management strategy under section 102(4), the local government must renew the plan within 1 year after the local government receives the notice. 114 Requirements for review, amendment or renewal of plan (1) This section applies in relation to a local government doing any of the following under section 113— (a) reviewing its stock route network management plan, other than under section 113(2); (b) amending its stock route network management plan, including as a result of a review under section 113(2); (c) renewing its stock route network management plan. (2) Sections 107 to 110 apply in relation to the review, amendment or renewal— (a) as if— (i) a reference to preparing a draft stock route network management plan were a reference to reviewing, amending or renewing the plan; and (ii) a reference to a stock route network management plan, or a draft stock route network management plan, were a reference to the stock route network management plan the subject of the review, amendment or renewal; and (b) with any other necessary changes. 115 Local government must publish, and make available for inspection, copy of plan (1) A local government must— (a) publish a copy of its stock route network management plan on its website; and (b) keep an electronic copy of the plan available for inspection, free of charge, by the public at the local government's public office. (2) A reference in subsection (1) to a local government's stock route network management plan includes a reference to the plan as amended or renewed from time to time under section 113. Part 4 Stock route agistment permits Division 1 Obtaining permits 116 Application for permit (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. (2) However, a person may apply only if— (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 (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. (3) A notice mentioned in subsection (2)(c)(ii) must— (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 (b) identify the land; and (c) invite persons to apply for a permit within 7 days after the notice is published. (4) The application— (a) may be made in writing, electronically or orally; and (b) must be accompanied by the application fee prescribed by regulation. (5) However, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship. (6) If the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation. 117 Additional information for application (1) The issuing entity may, by written notice, ask the applicant to give the entity further reasonable information or documents about the application by the reasonable date stated in the notice. (2) The issuing entity may refuse the application if the applicant does not give the entity the information or documents by the stated day, without reasonable excuse. 118 Deciding application (1) The issuing entity must consider and decide whether to grant or refuse the application. (2) The issuing entity may grant the application only if— (a) if the issuing entity has a stock route network management plan—the use of the land for agistment is consistent with the plan; and (b) the issuing entity is satisfied— (i) the applicant has not held a stock route agistment permit for the land in the 3 months immediately before the date of the application; and (ii) there is more pasture and water available on the land than is needed for the use of travelling stock; and (iii) the land is not subject to a lease or permit under the Land Act; and (iv) the stock's agistment is not likely to— (A) introduce invasive biosecurity matter onto land in the entity's area; or (B) spread invasive biosecurity matter on the land; or (C) degrade the land; or (D) adversely affect road safety; and (v) the stock to be agisted are not affected by prohibited matter or category 1 or 2 restricted matter under the Biosecurity Act 2014. (3) Also, if the land is a State-controlled road, the issuing entity may grant the application only if the use of the land for agistment is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads. (4) A condition of an approval mentioned in subsection (3) may only be about— (a) protecting road transport infrastructure under the Transport Infrastructure Act 1994; or (b) road safety. (5) In this section— invasive biosecurity matter means invasive biosecurity matter under the Biosecurity Act 2014. 119 Issuing permit (1) If the issuing entity decides to grant the application, the entity must give the applicant— (a) the stock route agistment permit in the approved form; and (b) if the issuing entity decides to impose conditions on the permit—a review notice about the decision. (2) The permit takes effect from— (a) the day of its issue; or (b) if a later day is stated in it—the later day. (3) The issuing entity must give the chief executive a copy of each permit it issues. 120 Duration of permit Subject to section 122(4), a stock route agistment permit remains in force, unless it is sooner cancelled, for the term (the agistment period), of no more than the following number of days, stated in it— (a) if the permit is issued for a purpose mentioned in section 116(2)(b)—7 days; (b) otherwise—28 days. 121 Refusing application If the issuing entity decides to refuse the application, the entity must immediately— (a) give the applicant a review notice about the decision; and (b) refund the permit fee, if any, paid by the applicant. Division 2 Renewing permits 122 Application for renewal (1) The holder of a stock route agistment permit, other than a permit issued for a purpose mentioned in section 116(2)(b), may apply to the issuing entity to renew the permit. (2) The application— (a) may be made in writing, electronically or orally; and (b) must be— (i) made before the permit expires; and (ii) accompanied by the renewal application fee prescribed by regulation. (3) However, the issuing entity may waive payment of the renewal application fee if satisfied the applicant is experiencing financial hardship. (4) The permit remains in force until the applicant has been notified of the issuing entity's decision on the application. (5) If the permit is renewed, the applicant must pay to the issuing entity the permit fee prescribed under a regulation. 123 Deciding application (1) The issuing entity must consider and decide whether to grant or refuse the application. (2) However, the issuing entity may renew a permit once only for not more than 28 days if satisfied there is enough pasture and water available on the land for the continued agistment and the use of travelling stock. 124 Issuing renewed permit (1) If the issuing entity decides to grant the application, the entity must give the applicant— (a) a stock route agistment permit in the approved form; and (b) if the issuing entity decides to impose conditions on the permit—a review notice about the decision. (2) The renewal takes effect from the day stated in the renewed permit. (3) The issuing entity must give the chief executive a copy of the renewed permit. 125 Refusing application If the issuing entity decides to refuse the application, the entity must immediately— (a) give the applicant a review notice about the decision; and (b) refund the permit fee, if any, paid by the applicant. Division 3 Conditions of permits 126 Conditions that may and must be imposed (1) An issuing entity may impose on a stock route agistment permit the reasonable conditions it decides. (2) Without limiting subsection (1), a condition may be about the following— (a) keeping stock enclosed, supervised or off formed road surfaces; (b) erecting signs to show stock are grazing on road verges; (c) requiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity conducted under the permit. (3) If the permit is for land that is a State-controlled road, an issuing entity must impose on the permit the conditions of an approval for the land mentioned in section 118(3). 127 Amending conditions (1) The holder of a stock route agistment permit may ask the issuing entity to amend the permit conditions. (2) The request must be written and state— (a) the proposed amendment; and (b) the reasons for it. (3) The issuing entity must consider and decide whether to grant or refuse the application. (4) If the issuing entity decides to amend the conditions as requested, the entity must give the holder written notice of the amended conditions. (5) If the issuing entity refuses to amend the conditions, the entity must give the holder a review notice about the decision. Division 4 Cancellation of permits 128 Cancellation—grounds and procedure (1) The issuing entity may cancel a stock route agistment permit if satisfied— (a) the permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or (b) the permit holder has not complied with a condition of the permit; or (c) the relevant land under the permit can no longer provide enough pasture or water for the continued agistment and the use of travelling stock. (2) If the issuing entity decides to cancel a stock route agistment permit, the entity must— (a) give the permit holder a written notice stating the following— (i) that the permit is cancelled; (ii) the grounds for the cancellation; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the permit holder may ask the chief executive to review the decision; (v) how to ask for a review; and (b) refund to the holder the amount of the permit fee less the amount that would have been payable for the term of the permit before it was cancelled. (3) The cancellation has effect immediately the notice is given. Division 5 Reviewing decisions about permits 129 Review by chief executive (1) This section applies if the chief executive is asked to review an issuing entity's decision to— (a) refuse to issue a stock route agistment permit; or (b) impose conditions on a stock route agistment permit; or (c) refuse to amend conditions on a stock route agistment permit as requested by the permit holder; or (d) cancel a stock route agistment permit. (2) The chief executive must, by written notice— (a) confirm the decision; or (b) revoke the decision and direct the issuing entity— (i) for a decision mentioned in subsection (1)(a)—to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or (ii) for a decision mentioned in subsection (1)(b)—to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or (iii) for a decision mentioned in subsection (1)(c)—to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or (iv) for a decision mentioned in subsection (1)(d)—to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides. (3) The chief executive must, within 14 days after being asked to review the decision, give to the permit holder and the issuing entity— (a) the notice; and (b) if the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive's decision. (4) The issuing entity must comply with the notice. (5) A request to review a decision under this section does not stay the operation of the decision. Division 6 Replacing permits 130 Issuing replacement permits after change of conditions or review of decision (1) An issuing entity may, by written notice, require the holder of a stock route agistment permit to return the permit to the entity, within a stated reasonable period, for amendment under a decision made under section 127(4) or 129(2)(b)(ii) to (iv). (2) The holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. (3) On receiving the permit, the issuing entity must issue a replacement permit, incorporating the amendments, to the holder. (4) The issuing entity must give the chief executive a copy of each replacement permit it issues. (5) The amendment of the permit does not depend on it being replaced under this section. Part 5 Stock route travel permits Division 1 Preliminary 131 Application of pt 5 This part applies only to stock driven on foot on relevant land. 132 Stock movements requiring a stock route travel permit Subject to section 133, a person must not drive stock on foot on relevant land in a local government's area unless a local government has issued a permit (a stock route travel permit) for the stock movement. Maximum penalty—50 penalty units. 133 Stock movements not requiring a stock route travel permit A person may drive stock on foot on relevant land in a local government's area without a stock route travel permit if the stock are driven on foot— (a) for not more than 1 day; and (b) in clear daylight hours; and (c) for animal husbandry or property management purposes; and (d) between parcels of land having common ownership or worked as a single unit. Editor's note— See the Transport Infrastructure Act 1994, section 50, for requirements under that Act about stock movements on State-controlled roads. Division 2 Obtaining permits 134 Application for permit (1) The owner of stock, or a person acting on the owner's behalf, may apply to a local government (the issuing entity) for a stock route travel permit. (2) The application— (a) may be made in writing, electronically or orally; and (b) must be accompanied by the application fee prescribed by regulation. (3) However, the issuing entity may waive payment of the application fee if satisfied the applicant is experiencing financial hardship. (4) If the permit is issued, the applicant must pay to the issuing entity the permit fee prescribed under a regulation. 135 Additional information for application (1) The issuing entity may, by written notice, ask the applicant to give the entity further reasonable information or documents about the application by the reasonable date stated in the notice. (2) The issuing entity may refuse the application if the applicant does not give the entity the information or documents by the stated day, without reasonable excuse. 136 Deciding application (1) The issuing entity must consider and decide whether to grant or refuse the application. (2) The issuing entity may grant the application only if satisfied— (a) the relevant land on which the stock are to travel contains enough pasture and water for the stock; and (b) the stock's travel is not likely to spread— (i) a declared pest on land in the entity's area; or (ii) a notifiable disease; and (c) the stock's rate of travel will be at least the rate stated for the stock under the permit, having regard to the condition of the stock; and (d) the stock's travel is not likely to have an adverse effect on road safety. (3) Also, if the application is for travelling stock on land in another local government's area, the issuing entity may grant the application only if the other local government has given the issuing entity written consent. (4) In addition, if the relevant land is a State-controlled road, the issuing entity may grant the application only if the use of the land to travel stock is approved, with or without conditions, by the chief executive of the department responsible for managing State-controlled roads. (5) A condition of an approval mentioned in subsection (4) may only be about— (a) protecting road transport infrastructure under the Transport Infrastructure Act 1994; or (b) road safety. 137 Issuing permit (1) If the issuing entity decides to grant the application, the entity must give the applicant— (a) the permit in the approved form; and (b) if the entity decides to impose conditions on the permit—a review notice about the decision. (2) The permit takes effect from— (a) the day of its issue; or (b) if a later day is stated in it—the later day. (3) The issuing entity must give the chief executive a copy of each permit it issues. 138 Duration of permit A stock route travel permit remains in force for the term stated in it. 139 Refusing application If the issuing entity decides to refuse the application, the entity must immediately— (a) give the applicant a review notice about the decision; and (b) refund the permit fee, if any, paid by the applicant. Division 3 Notice of correct particulars 140 Permit holder to give notice of correct particulars (1) This section applies if, because of a change in circumstances, any of the following particulars contained in a stock route travel permit is no longer correct— (a) the permit holder's name and contact address or telephone number; (b) the name of the person in charge of the stock during the travel; (c) the number, type and age of the stock; (d) the stock's brands and earmarks registered under the Brands Act 1915 and other marks identifying ownership; (e) the proposed destination of the stock; (f) the proposed route for the travel; (g) the estimated period of the travel; (h) the number of persons engaged to control the stock during the travel; (i) other information prescribed under a regulation. (2) The permit holder must, as soon as practicable after the change happens, give notice of the correct particular to the issuing entity for the permit. Maximum penalty—50 penalty units. 141 Issuing replacement permit on notice of correct particulars (1) If a stock route travel permit holder gives the issuing entity a notice under section 140(2), the entity may, by written notice, require the holder to return the permit to the entity. (2) The holder must comply with the notice to return the permit unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. (3) On receiving the permit, the issuing entity must issue a replacement permit, showing the correct particulars, to the holder. (4) The issuing entity must give the chief executive a copy of each replacement permit it issues. Division 4 Conditions of permits 142 Conditions that may and must be imposed (1) An issuing entity may impose on a stock route travel permit the reasonable conditions it decides. (2) Without limiting subsection (1), a condition may be about the following— (a) the hours of the day during which stock may be travelled; (b) the movement of stock at stated locations on the stock route network; (c) keeping stock enclosed or supervised; (d) erecting signs to show stock are travelling or grazing near roads; (e) requiring the applicant to have public liability insurance the entity considers is reasonable having regard to the nature of the activity to be conducted under the permit. (3) If the permit is for relevant land that is a State-controlled road, an issuing entity must impose on the permit the conditions of an approval for the land mentioned in section 136(4). 143 Amending conditions (1) The holder of a stock route travel permit may ask the issuing entity to amend the permit conditions. (2) The request must be written and state— (a) the proposed amendment; and (b) the reasons for it. (3) The issuing entity must consider and decide whether to grant or refuse the application. (4) If the issuing entity decides to amend the conditions as requested, the entity must give the holder written notice of the amended conditions. (5) If the issuing entity refuses to amend the conditions, the entity must give the holder a review notice about the decision. Division 5 Cancellation of permits 144 Cancellation—grounds and procedure (1) The issuing entity may cancel a stock route travel permit if satisfied— (a) the permit was issued because of a materially false or misleading representation or document, made either orally or in writing; or (b) the permit holder has not complied with a condition of the permit; or (c) the relevant land can no longer provide enough pasture or water for travelling stock. (2) If the issuing entity decides to cancel a stock route travel permit, the entity must— (a) give the permit holder a written notice stating the following— (i) that the permit is cancelled; (ii) the grounds for the cancellation; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the permit holder may ask the chief executive to review the decision; (v) how to ask for a review; and (b) for a permit to travel stock for more than 100km—refund to the holder the amount of the permit fee less the amount that would have been payable for the distance travelled by the stock before the permit was cancelled. (3) The cancellation has effect immediately the notice is given. Division 6 Reviewing decisions about permits 145 Review by chief executive (1) This section applies if the chief executive is asked to review an issuing entity's decision to— (a) refuse to issue a stock route travel permit; or (b) impose conditions on a stock route travel permit; or (c) refuse to amend conditions on a stock route travel permit as requested by the permit holder; or (d) cancel a stock route travel permit. (2) The chief executive must, by written notice— (a) confirm the decision; or (b) revoke the decision and direct the issuing entity— (i) for a decision mentioned in subsection (1)(a)—to issue the permit subject to the reasonable conditions, if any, the chief executive decides; or (ii) for a decision mentioned in subsection (1)(b)—to remove the conditions or amend them in the way decided by the chief executive and stated in the notice; or (iii) for a decision mentioned in subsection (1)(c)—to amend the conditions in the way requested by the applicant or in the way decided by the chief executive and stated in the notice; or (iv) for a decision mentioned in subsection (1)(d)—to re-issue the permit subject to the reasonable conditions, if any, the chief executive decides. (3) The chief executive must, within 7 days after being asked to review the decision, give to the permit holder and the issuing entity— (a) the notice; and (b) if the chief executive decides to confirm the decision or change the conditions other than in the way asked by the permit holder—an information notice about the chief executive's decision. (4) The issuing entity must comply with the notice. (5) A request to review a decision under this section does not stay the operation of the decision. Division 7 Miscellaneous provisions 146 Issuing replacement permit after change of conditions or review of decision (1) An issuing entity may, by written notice, require the holder of a stock route travel permit to return the permit to the entity within a stated reasonable period for amendment under a decision made under section 143(4) or 145(2)(b)(ii) to (iv). (2) The holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. (3) On receiving the permit, the issuing entity must issue a replacement permit, incorporating the amendments, to the holder. (4) The issuing entity must give the chief executive a copy of each replacement permit it issues. (5) The amendment of the permit does not depend on it being replaced under this section. 147 Rate of travel of stock (1) The person in charge of stock being driven on foot under a stock route travel permit must, unless the permit states otherwise, ensure the stock travel towards their destination at a rate not less than 10km a day. Maximum penalty—50 penalty units. (2) The rate of travel of stock is calculated between inspections authorised by the local government for the area in which the stock are travelling. (3) Inspections must be at least 24 hours apart. (4) In calculating the rate of travel of stock the following periods are not included— (a) a period when the stock are prevented from travelling by rain, flood or other unavoidable cause; (b) a period when the stock are lawfully detained or depastured elsewhere. Part 6 Fencing stock routes 148 Application of pt 6 (1) This part applies if, to protect or improve the stock route network in its area, a local government considers it necessary to build a stock-proof fence on the boundary of land adjoining the network. (2) In subsection (1)— land does not include State-controlled land. 149 Fencing notice (1) The local government may, by written notice (a fencing notice) given to the landowner, require the owner to build a stock-proof fence on the boundary of the land to prevent stock on the land entering a part of the network. (2) The fencing notice must— (a) state the reasonable period in which the owner must build the fence; and (b) be accompanied by or include an information notice about the local government's decision to give the notice. 150 Obligation to build fence The landowner must build the fence within the reasonable period stated in the notice unless the owner has a reasonable excuse. Maximum penalty—400 penalty units. 151 Obligation to maintain fence The landowner must maintain the fence in a stock-proof condition unless the owner has a reasonable excuse. Maximum penalty—400 penalty units. 152 Noncompliance with fencing notice or obligation to maintain fence (1) This section applies if the landowner does not— (a) comply with the fencing notice; or (b) maintain the fence in a stock-proof condition. (2) The chief executive officer of the local government may enter the owner's land at any reasonable time to build or complete the building of the fence, or do anything necessary to make the fence stock-proof. (3) Before entering the owner's land, the chief executive officer must give the owner at least 7 days written notice stating the following— (a) that the chief executive officer intends to enter the land; (b) the purpose of the intended entry; (c) the date of the intended entry; (d) the intended stay. 153 Amounts payable by landowner (1) If the chief executive officer takes action under section 152(2), the amount of the costs reasonably incurred in taking the action are a debt payable to the local government— (a) by the landowner; or (b) if there are 2 or more owners for the land, jointly and severally by each owner. (2) If the owner does not pay the amount when it is payable, interest is payable on the overdue amount at the rate, and calculated in the way, prescribed under a regulation. 154 Unpaid amounts are a charge on land (1) If the owner does not pay to the local government an amount payable under section 153, the unpaid amount is a charge on the land as if it were overdue rates under the Local Government Act 2009. (2) If the land in relation to which the unpaid amount was incurred is part only of a parcel of land owned by the owner, the amount is a charge on the parcel of land. (3) This section is in addition to any other remedy the local government has for recovery of the unpaid amount. Part 7 Other provisions about stock route network management Division 1 Mustering stock 155 Application of div 1 This division applies if the chief executive officer of a local government reasonably believes it is necessary to muster stock on relevant land in its area to monitor compliance with— (a) a stock route agistment permit; or (b) a stock route travel permit. 156 Mustering notice (1) The local government may, by written notice (a mustering notice) given to the permit holder, require the holder to muster the holder's stock on the land. (2) The mustering notice must— (a) state the reasonable period in which the holder must muster the stock; and (b) be accompanied by or include an information notice about the local government's decision to give the notice. 157 Obligation to comply with notice The holder must comply with the mustering notice unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. 158 Noncompliance with mustering notice (1) If the holder does not comply with the mustering notice, the chief executive officer of the local government may enter the land at any reasonable time and muster the stock. (2) However, if the land is subject to a lease under the Land Act, the chief executive officer of the local government may enter the land only if— (a) the landowner consents to the entry; or (b) the chief executive officer of the local government has given the landowner at least 24 hours written notice of the intended entry. (3) The notice must state the purpose and date of the intended entry. 159 Amounts payable by permit holder (1) If the chief executive officer takes action under section 158, the amount of the costs reasonably incurred in taking the action are a debt payable to the local government by the holder. (2) If the holder does not pay the amount when it is payable, interest is payable on the overdue amount at the rate, and calculated in the way, prescribed under a regulation. Division 2 Pasture on the stock route network 160 Managing and conserving pasture A local government must manage and conserve pasture on the stock route network in its area to ensure, as far as practicable, an adequate supply of pasture for travelling stock. 161 Overgrazing on stock route network (1) This section applies if the chief executive officer of a local government reasonably believes, because of the number of stock on land within which a part of the network in the local government's area is fenced or otherwise enclosed, sufficient pasture will not be available for travelling stock on the network. (2) The local government may, by written notice given to the landowner, require the owner to reduce the number of stock on the land. (3) The notice must— (a) state the reasonable number to which the stock are to be reduced and the reasonable period in which the reduction must be made; and (b) be accompanied by or include an information notice for the decision to give the notice. (4) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—400 penalty units. (5) This section does not limit the chief executive officer's powers under section 149. Division 3 Travelling stock facilities and water facility agreements 162 Travelling stock facilities (1) Subject to section 163(1)(d), a local government must maintain in good condition the travelling stock facilities on the stock route network in its area. (2) Also, if required by the Minister, the local government must supply the following on the network in its area— (a) travelling stock facilities; (b) water for travelling stock. 163 Water facility agreements (1) The chief executive, a local government and a landowner may enter into an agreement (a water facility agreement) about any of the following— (a) supplying water to the land from a water facility under the local government's control; (b) supplying water to the stock route network from a water facility owned by the landowner; (c) watering travelling stock at the owner's water facilities; (d) maintaining water facilities under the local government's control; (e) constructing or maintaining water facilities on the network or on the owner's land; (f) allowing access to the owner's land for any purpose mentioned in paragraphs (a) to (e). (2) The water facility agreement must— (a) state who owns the water facility and who is responsible for its control, maintenance and management; and (b) state the fee, if any, payable under the agreement; and (c) provide for termination by a party to the agreement giving the other parties a stated period of written notice of termination. 164 Register of agreements (1) A local government must keep a register of water facility agreements entered into by it. (2) The register must state the following particulars for each agreement— (a) the landowner's name and address; (b) the fee, if any, payable under the agreement; (c) who is responsible for the control, maintenance and management of the water facility under the agreement; (d) a description of the land to which, or from which, the water is supplied; (e) the amount of any minimum guaranteed water supply under the agreement; (f) other information prescribed under a regulation. (3) A person may— (a) on payment of the fee prescribed under a regulation, inspect the register at the local government's public office when the office is open to the public; and (b) on payment of the fee that is reasonable but not more than the actual cost, take extracts from, or obtain a copy of details in, the register. 165 Registration of particular agreements (1) This section applies to a water facility agreement for construction of a water facility on freehold land or land leased from the State if the construction of the facility is paid for in whole or in part by the State. (2) As soon as practicable after the agreement is entered, the chief executive must give the registrar of titles written notice of the agreement. (3) The registrar of titles must keep records showing that the land specified in the notice is the subject of a water facility agreement. (4) The registrar of titles must keep the records in a way that allows a search of the register kept by the registrar under any Act relating to title to the land to show the existence of the agreement. (5) As soon as practicable after the agreement is terminated, the chief executive must give the registrar of titles written notice of the termination. (6) As soon as practicable after receiving a notice under subsection (5), the registrar of titles must remove the particulars of the agreement from the registrar's records. (7) While the agreement is in force, the landowner's obligations under the agreement attach to the land and bind the owner and the owner's successors in title to the land. (8) In this section— registrar of titles means the registrar of titles under the Land Title Act. Division 4 Stray stock 166 Offence to allow stock to stray A person must not, without reasonable excuse, allow stock to stray onto the stock route network. Maximum penalty— (a) for not more than 10 head of stock—100 penalty units; or (b) for more than 10 head of stock—400 penalty units. 167 Stray stock may be seized If the chief executive officer of a local government reasonably suspects stock found on the stock route network in the local government's area are stray stock, the chief executive officer may seize the stock. 168 Notice of seizure (1) The chief executive officer must give the owner of the seized stock written notice of the seizure. (2) If the owner's name is not known, the notice must be given to the owner by publishing the notice in at least 1 of the following ways— (a) on a relevant website; (b) in a regional newspaper circulating generally in the area in which the stock were found; (c) in an electronic version of a newspaper mentioned in paragraph (b). (3) The notice must state that the stock— (a) must be claimed within 3 days after the notice is given; and (b) if not claimed within the 3 days—may be sold or disposed of. 169 Releasing seized stock If a person claims the seized stock, the chief executive officer may release the stock to the person only if the person— (a) satisfies the chief executive officer the person is entitled to possession of the stock; and (b) pays the chief executive officer's reasonable costs of— (i) seizing, removing and holding the stock; and (ii) giving the notice. 170 Dealing with seized stock (1) This section applies if the owner of the seized stock does not claim the stock within 3 days after the owner is given the notice. (2) If the chief executive officer of the local government reasonably believes the stock have a market value of more than the amount prescribed under a regulation, the chief executive officer must sell the stock by public auction or tender. (3) If the chief executive officer reasonably believes the stock have a market value of the prescribed amount or less, the chief executive officer may dispose of the stock in a way the chief executive officer considers appropriate. (4) Compensation is not payable for a sale or disposal under this section. (5) For subsection (2), the amount prescribed must not be less than $1000. 171 Application of proceeds of sale If the chief executive officer of the local government sells the seized stock, the proceeds of the sale must be applied in the following order— (a) in payment of the chief executive officer's reasonable expenses incurred in the sale; (b) in payment of the reasonable costs of— (i) seizing, removing and holding the stock; and (ii) giving the notice; (c) in payment of any balance to the owner. 172 Destroying other stray stock (1) This section applies if the chief executive officer of a local government reasonably believes— (a) stock found on the stock route network in the local government's area are stray stock; and (b) it is not practicable to seize the stock under section 167; and (c) it is necessary to destroy the stock in the interests of public safety. (2) The chief executive officer of the local government may destroy the stock in the way the chief executive officer considers appropriate. (3) Compensation is not payable for stock destroyed under this section. Part 8 Other offences about the stock route network 173 Offences about stock route agistment and travel permits (1) A person must not, without reasonable excuse, contravene a condition of a stock route agistment permit that applies to the person. Maximum penalty—50 penalty units. (2) A person must not, without reasonable excuse, contravene a condition of a stock route travel permit that applies to the person. Maximum penalty—50 penalty units. (3) The drover of stock moved under a stock route travel permit must, unless the drover has a reasonable excuse, immediately produce the permit, or a copy of it, to an authorised person for inspection if the authorised person asks for it to be produced for inspection. Maximum penalty—10 penalty units. 174 Grazing stock without permit A person must not, without reasonable excuse, graze stock on relevant land unless the person holds— (a) a stock route agistment permit or stock route travel permit for the land; or (b) a permission given under another Act allowing the stock to be grazed on the land. Maximum penalty—50 penalty units. 175 Damaging travelling stock facility (1) A person must not, without reasonable excuse, damage a travelling stock facility on the stock route network. Maximum penalty—50 penalty units. (2) In subsection (1)— damage includes hinder the usual operation of the facility. 176 Wasting or polluting water A person must not, without reasonable excuse— (a) waste water from a water facility on the stock route network; or (b) pollute water in a water facility on the stock route network. Maximum penalty—50 penalty units. 177 Taking water A person must not, without reasonable excuse, take water from a water facility on the stock route network other than under a water facility agreement or a permit. Maximum penalty—50 penalty units. 178 Camping A person must not, without a reasonable excuse, camp within 300m of a water facility on the stock route network. Maximum penalty—50 penalty units. 179 Obstructing movement of stock A person must not, without reasonable excuse, obstruct the movement of travelling stock on the stock route network. Examples of obstructing the movement of travelling stock— 1 building a fence, locking a gate or using vehicles or animals to prevent stock movement 2 making noise to alarm stock Maximum penalty—50 penalty units. 180 Burning or removing pasture (1) A person must not, without reasonable excuse, burn pasture on the stock route network without the consent of the local government for the area in which the pasture is situated. Maximum penalty—50 penalty units. (2) A person must not, without reasonable excuse, remove pasture on the stock route network without the consent of the local government for the area in which the pasture is situated. Example of removing pasture— cutting and baling pasture for hay Maximum penalty—50 penalty units. 181 Placing things on the stock route network (1) A person must not, without reasonable excuse, place any thing on the stock route network if the thing is likely to harm stock travelling on the network. Examples of thing— an animal carcass or part of the carcass, a car body, old fencing, wire or rope Maximum penalty—50 penalty units. (2) In subsection (1)— harm includes obstruct or otherwise interfere with. 182 Offences about using reserves for travelling stock (1) This section applies to a person in charge of travelling stock if the person travels the stock— (a) on a reserve for travelling stock for which there is an owner; or (b) on a part of the stock route network fenced in with land for which there is an owner. (2) At least 48 hours before entering the reserve or part of the network, the person must give notice of the intended entry to the owner. Maximum penalty—50 penalty units. (3) The owner must, unless the owner has a reasonable excuse— (a) allow the travelling stock to travel through or otherwise use the reserve or part of the network; and (b) ensure the owner's stock do not interfere with the travelling stock's travel through, or other use of, the reserve or part of the network. Maximum penalty—50 penalty units. Chapter 4 Matters relating to local governments 183 Functions of local governments The functions of each local government under this Act are— (a) to manage the part of the stock route network in its area in accordance with this Act and the principles of stock route network management; and (b) to control the movement of travelling stock on the part of the stock route network in its area. 184 Minister may direct local government to perform function or obligation (1) This section applies if the Minister reasonably believes a local government is not performing any of its functions or obligations under this Act. Example of a local government not performing its functions or obligations— a local government does not prepare, implement or review a stock route