Local Land Services Act 2013 (NSW)

Local Land Services Act 2013 No 51 An Act to establish Local Land Services and to repeal the Rural Lands Protection Act 1998 and the Catchment Management Authorities Act 2003; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Local Land Services Act 2013. 2 Commencement (1) This Act commences on 1 January 2014, except as provided by subsection (2). (2) The following provisions commence on a day to be appointed by proclamation— (a) sections 6 and 7 and Schedule 1, (b) clauses 5 and 6 of Schedule 6. 3 Objects of Act The objects of this Act are as follows— (a) to establish a statutory corporation (to be known as Local Land Services) with responsibility for management and delivery of local land services in the social, economic and environmental interests of the State in accordance with any State priorities for local land services, (b) to establish a governance framework to provide for the proper and efficient management and delivery of local land services, (c) to establish local boards for the purpose of devolving management and planning functions to regional levels to facilitate targeted local delivery of programs and services to meet community, client and customer needs, (d) to require decisions taken at a regional level to take account of State priorities for local land services, (e) to ensure the proper management of natural resources in the social, economic and environmental interests of the State, consistently with the principles of ecologically sustainable development (described in section 6 (2) of the Protection of the Environment Administration Act 1991), (f) to apply sound scientific knowledge to achieve a fully functioning and productive landscape, (g) to encourage collaboration and shared responsibility by involving communities, industries and non-government organisations in making the best use of local knowledge and expertise in relation to the provision of local land services, (h) to establish mechanisms for the charging of rates, levies and contributions on landholders and fees for services, (i) to provide a framework for financial assistance and incentives to landholders, including, but not limited to, incentives that promote land and biodiversity conservation. 4 Meaning of "local land services" and "State priorities for local land services" (1) In this Act, local land services means programs and advisory services associated with agricultural production, biosecurity, natural resource management and emergency management, including programs and advisory services associated with the following— (a) agricultural production, (b) biosecurity, including animal pest and disease and plant pest and disease prevention, management, control and eradication, (c) preparedness, response and recovery for animal pest and disease and plant pest and disease emergencies and other emergencies impacting on primary production or animal health and safety, (d) animal welfare, (e) chemical residue prevention, management and control, (f) natural resource management and planning, (g) travelling stock reserves and stock watering places, (h) control and movement of stock, (i) related services and programs. (2) In this Act, State priorities for local land services includes any State-wide standards and targets, and any State and national priorities, for agricultural production, biosecurity, natural resource management or emergency management— (a) identified in a State Government policy or plan or an intergovernmental agreement, or (b) as advised by the Minister. 5 Interpretation (1) Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary. Note— Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act. (2) Notes included in this Act do not form part of this Act. 6 Regions For the purposes of this Act, the State is divided into the regions described or identified in Schedule 1. 7 Abolition, establishment, amalgamation or change of name or boundaries of regions (1) The Minister may, by order published on the NSW legislation website, amend Schedule 1 for any of the following purposes— (a) to establish a region, (b) to abolish a region, (c) to amalgamate two or more regions, (d) to change the name of a region, (e) to change the boundaries of a region. (2) Any such order may contain savings and transitional provisions (including provisions relating to the membership of local boards for a region pending elections). (3) The boundaries of each region may be described or identified in Schedule 1 by reference to a local government area or in any other manner (including by reference to a map or other description). Part 2 Local Land Services Division 1 Constitution and management of Local Land Services 8 Constitution of Local Land Services There is constituted by this Act a body corporate with the corporate name of Local Land Services. Note— Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation. 9 Status of Local Land Services Local Land Services is a NSW Government agency. 10 Control and management of Local Land Services (1) All decisions relating to the functions of Local Land Services are to be made by or under the authority of the Board. (2) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Local Land Services, subject to the policies and directions of the Board. (3) Any act, matter or thing done in the name of, or on behalf of, Local Land Services by or under the authority of the Board or the Chief Executive Officer is taken to have been done by Local Land Services. Note— Local Land Services may delegate its functions under section 16. 11 Ministerial control (1) Local Land Services is subject to the control and direction of the Minister in the exercise of its functions. (2) The Board must— (a) immediately give the Minister written particulars of any decision of Local Land Services to acquire or dispose of a significant asset or to commence or cease to carry out a significant activity, and (b) keep the Minister informed of the activities of Local Land Services, and (c) give the Minister such reports, documents and information in relation to Local Land Services as the Minister may from time to time require within the time limit set by the Minister. (3) The Minister may give written guidelines to the Board that are to be used by the Board in deciding whether particulars are required to be given under subsection (2). 12 Control and direction in emergency responses (1) In this section— emergency has the same meaning as in the State Emergency and Rescue Management Act 1989 and includes the actual or imminent occurrence of an animal or plant disease or animal or plant pest. (2) The Secretary may, if satisfied that governmental action is required for the purposes of this Act to respond to an emergency that affects one or more specified regions or parts of regions, by order in writing given to the Chair of the Local Land Services Board— (a) declare that the Secretary has assumed responsibility for controlling the actions of Local Land Services for the purposes of responding to the emergency, and (b) require the Chair to ensure that Local Land Services and its staff comply with any directions that the Secretary issues to Local Land Services and its staff. (3) Local Land Services and its staff are to comply with any such direction while the order under subsection (2) is in force. (4) The order is to specify the general nature, location and extent of the emergency. (5) The order takes effect as soon as it is given and continues to have effect until revoked by the Secretary. 13 Staff of Local Land Services Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Local Land Services to exercise its functions. Note— Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Local Land Services makes use of) may be referred to as officers or employees, or members of staff, of Local Land Services. Section 47A of the Constitution Act 1902 precludes Local Land Services from employing staff. Division 2 Functions of Local Land Services 14 Functions generally (1) Local Land Services has the following functions— (a) to administer, deliver or fund local land services, (b) to develop and implement appropriate governance arrangements for the delivery of local land services, (c) to prepare a State strategic plan, (d) to provide and facilitate education and training in connection with agricultural production, biosecurity, natural resource management and emergency management, (d1) to exercise functions conferred on it by Part 5A and Schedule 5A, (d2) to exercise functions conferred on it by Part 5B, (e) to make and levy rates, levies and contributions on rateable and other land for the purpose of carrying out its functions, (f) to provide and administer grants, loans, subsidies or other financial assistance for activities in relation to local land services, (g) to collect, collate, maintain, interpret and report information with respect to its functions, (h) to communicate, consult and engage with the community, including the Aboriginal community, to encourage participation in relation to the delivery of local land services, (i) to provide advice on matters referred to it by the Minister, (j) to exercise such other functions as are conferred or imposed on it by or under this or any other Act. (2) Local Land Services is to exercise its functions in accordance with any State priorities for local land services and any plan approved under Part 4. (3) Local Land Services may do anything necessary, or supplemental or incidental, to the exercise of its functions. 15 Memorandum of understanding (1) Local Land Services may enter into a memorandum of understanding with a Public Service agency in relation to the exercise of the functions of Local Land Services, including the implementation of plans approved under Part 4. (2) The memorandum of understanding may be amended, revoked or replaced from time to time. (3) The functions of Local Land Services must, as far as practicable, be exercised in conformity with the memorandum of understanding. However, a failure to comply with this subsection does not itself invalidate anything done or omitted to be done by Local Land Services. 16 Delegation of Local Land Services functions (1) Local Land Services may delegate to an authorised person any of its functions, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by Local Land Services if the delegate is authorised in writing to do so by Local Land Services. (3) In this section, authorised person means— (a) a member of the Board, or (b) the chair or any other member of a local board, or (c) a member of staff of Local Land Services, or (d) an authorised officer. 17 Delegation of Ministerial functions (1) The Minister may delegate to an authorised person any of the Minister's functions under this Act, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by the Minister if the delegate is authorised in writing to do so by the Minister. (3) The Minister may delegate to Local Land Services any function of the Minister under an Act that is administered by the Minister and prescribed by the regulations for the purposes of this section. (4) In this section, authorised person means— (a) Local Land Services, or (b) the Chair or any other member of the Board, or (c) the chair or any other member of a local board, or (d) a member of staff of Local Land Services, or (e) a person employed in the Department, or (f) an authorised officer. 18 Delegation of Secretary's functions (1) The Secretary may delegate to an authorised person any of the Secretary's functions under this Act or any other Act prescribed by the regulations, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by the Secretary if the delegate is authorised in writing to do so by the Secretary. (3) In this section, authorised person means— (a) Local Land Services, or (b) the Chair or any other member of the Board, or (c) the chair or any other member of a local board, or (d) a member of staff of Local Land Services, or (e) a person employed in the Department, or (f) an authorised officer. Division 3 Finance and audit 19 Local Land Services Fund (1) Local Land Services is to establish a fund to be called the "Local Land Services Fund" (the Fund). (2) The money in the Fund may be kept in one or more financial institutions. (3) To avoid doubt, the Fund is taken to have been established (and always to have been established) in the Special Deposits Account. 20 Payments into and from Fund (1) There is to be paid into the Fund— (a) all money received by or on account of Local Land Services, and (b) the proceeds of any investment of money in the Fund. (2) There is to be paid from the Fund— (a) all amounts required to meet expenditure incurred by Local Land Services in the exercise of its functions, and (b) all amounts required to provide loans, grants, subsidies and other financial assistance for the purposes of activities that Local Land Services is authorised to fund by or under this Act. 21 Investment powers in relation to Fund Local Land Services may invest money in the Fund— (a) if Local Land Services is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that Local Land Services is permitted to invest money under that Part, or (b) if Local Land Services is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer. 22 Fees for services (1) Subject to the regulations (if any), Local Land Services may charge a fee, determined by it for supplying any service (including any product, commodity or publication) under this or any other Act or a statutory instrument. (2) Local Land Services may require a deposit or prepayment in respect of any such fee. (3) Nothing in this section authorises the charging of any fee contrary to the provisions of any Act, regulation or statutory instrument. 23 Annual reporting information to include certain matters (1) The annual reporting information prepared for Local Land Services under the Government Sector Finance Act 2018 is to include a report as to the following during the annual reporting period to which the information relates— (a) the performance and outcomes set out in any State strategic plan achieved by Local Land Services, (b) progress in achieving compliance with State priorities for local land services, (c) community engagement in respect of the provision of local land services, (d) the resources expended and revenue received by Local Land Services, and the management of programs, in each region, (e) any other matter directed by the Minister. Note— Division 7.3 of the Government Sector Finance Act 2018 requires the accountable authority for a reporting GSF agency to ensure that the annual reporting information for the agency is prepared within the period specified by the Treasurer's directions after the end of the annual reporting period for the agency. (2) The annual reporting information may be included in the annual reporting information prepared for the Department or another government agency. 24 Audit of Local Land Services (1) The Minister must arrange for an independent audit of the activities of Local Land Services not later than 5 years after the commencement of this Act to determine whether it is carrying out the functions conferred on it by or under this or any other Act effectively and efficiently and in accordance with State priorities for local land services, the State strategic plan and any local strategic plan. (2) As soon as possible after the end of every 5-year period following the audit under subsection (1), the Minister is to cause a further audit of the kind set out in that subsection to be undertaken. (3) The Minister may, at any time that the Minister considers it appropriate to do so, arrange for an audit of the exercise of all or any particular function of Local Land Services. (4) An audit under this section is to be carried out by one or more persons or bodies, or persons or bodies of a class, prescribed by the regulations or appointed by the Minister. (5) The Minister is to arrange for a copy of the report of any audit under this section to be placed on the website of Local Land Services. (6) The Minister may direct that the costs of an audit (in whole or in part) under this section be paid by Local Land Services. Note— The Audit Office of New South Wales is responsible for auditing the financial reports of Local Land Services—see Division 7.2 of the Government Sector Finance Act 2018. Part 3 The Local Land Services Board and local boards Division 1 The Local Land Services Board 25 Establishment of Local Land Services Board (1) There is to be a Local Land Services Board. (2) The Board is to consist of the following members— (a) the Chair, (b) the chair of each local board, (c) such other persons with relevant skills and experience as may be appointed by the Minister. Note— Schedule 2 contains provisions relating to the members and procedure of the Board. (3) A person appointed under subsection (2) (c) is a non-voting member of the Board. 26 Functions of the Board (1) The Board has the following functions— (a) to determine the general policies and strategic direction of Local Land Services, (b) to determine the policies, procedures and directions of Local Land Services in accordance with which a local board must exercise its functions, Note— See section 29 (2). (c) such other functions as are conferred or imposed on it by or under this or any other Act or law. (1A) Without limiting subsection (1) (a), the Board is to determine the general policies and strategic direction of Local Land Services with respect to the following— (a) organisational governance and strategy, (b) risk management, (c) service delivery priorities, (d) community engagement. (2) In exercising functions as members of the Board, members of the Board are to be guided by the principle that the public interest in the delivery of local land services in the State as a whole takes precedence over the delivery of local land services in any region. Note— Section 10 (1) provides that all decisions relating to the functions of Local Land Services are to be made by or under the authority of the Board. 26A Chair of Local Land Services Board (1) There is to be a Chair of the Local Land Services Board. (2) The Chair is to be appointed by the Minister. (3) Schedule 2A contains provisions relating to the Chair. Division 2 Local boards 27 Local boards (1) There is to be a board for each region, called the [Name of region] Local Board. (2) The local board for a region is to be constituted by 7 members, being— (a) 3 members elected, in accordance with the regulations, by ratepayers of the region, and (b) 4 members appointed by the Minister. (3) Despite subsection (2), the local board for the Western Region is to be constituted by 9 members, being— (a) 4 members elected, in accordance with the regulations, by ratepayers of the region, and (b) 5 members appointed by the Minister. (4) A person is not eligible for appointment as a member of a local board unless, in the opinion of the Minister, the person possesses expertise, knowledge or skills (as demonstrated by relevant qualifications or experience) in one or more of the areas prescribed by the regulations for the purposes of this subsection. (5) The regulations may provide for criteria to determine whether a person is eligible or ineligible for election or appointment as a member of a local board. (6) In appointing a member of a local board, the Minister is to have regard to the following— (a) the principle that a local board should, as far as possible, be constituted by persons who together have expertise, skills and knowledge (as demonstrated by relevant qualifications or experience) as are relevant to the functions exercisable by the local board, (b) such other matters as may be prescribed by the regulations. (7) The Minister is, by an instrument of appointment or a subsequent instrument, to appoint a member of the local board as chair of the local board. 28 Status of local boards A local board is a NSW Government agency. 29 Functions of local boards (1) The functions of a local board for a region are as follows— (a) to prepare a local strategic plan in respect of the delivery of local land services in the region, (b) to monitor the performance of Local Land Services in the region, including by reference to the local strategic plan, (c) to make recommendations to the Board in relation to the making of rates, levies and contributions on rateable and other land in the region, (d) to collect, collate, maintain, interpret and report information with respect to its functions, (e) to communicate, consult and engage with the community in developing plans and in respect of the delivery of programs and services by Local Land Services in the region, (f) to develop a strategy for engagement of the Aboriginal community in the region in respect of the provision of local land services, (g) to provide advice to the Minister, (h) to exercise such other functions as are conferred or imposed on it by or under this or any other Act. (2) A local board must exercise its functions in accordance with the policies, procedures and directions (however described) of Local Land Services. (3) A local board for a region may, with the agreement of a local board for another region, exercise functions in the other region. 30 Local annual reports (1) A local board is, before 30 March each year, to prepare an annual report on the following matters— (a) the performance of any functions under this Act exercised in the local board's region (whether by the local board or another person or body), (b) the exercise by the local board of any functions under this Act outside the local board's region. (2) The local annual report is to be— (a) provided to Local Land Services, and (b) placed on the website of the local board, and (c) published in such other manner as, in the opinion of the local board, will make it readily accessible to persons in the region. 31 Delegation of local board's functions (1) A local board may delegate to an authorised person any of the local board's functions, other than this power of delegation. (2) A delegate may sub-delegate to an authorised person any function delegated by the local board if the delegate is authorised in writing to do so by the local board. (3) In this section, authorised person means— (a) a member of the local board, (b) a member of staff of Local Land Services. 32 Keeping Board informed A local board must— (a) keep the Board informed of the activities of the local board, and (b) give the Board such reports, documents and information in relation to those activities as the Board requires within the time limit set by the Board. 33 Local community advisory groups (1) Each local board is to establish one or more local community advisory groups for its region in accordance with this section. (2) A local community advisory group is to consist of persons that the local board considers to be suitably qualified to serve on the group and to be suitably representative of the interests of the local community and stakeholders in the region. (3) Each local board is to prepare terms of reference for the local community advisory groups for its region. Division 3 Honesty and conduct 34 Conduct of Board and local board members (1) Every Board and local board member must— (a) act honestly and exercise a reasonable degree of care and diligence in carrying out his or her functions under this or any other Act, and (b) act for a proper purpose in carrying out his or her functions under this or any other Act, and (c) not use his or her office or position for personal advantage, and (d) not use his or her office or position to the detriment of the Board or the member's local board (respectively), and (e) disclose any interest (whether pecuniary or otherwise) that could conflict with the proper performance of his or her functions under this or any other Act and avoid performing any function that could involve such a conflict of interest. (2) Although this section places certain duties on Board and local board members, nothing in this section gives rise to, or can be taken into account in, any civil cause of action. 35 Codes of conduct (1) The Board may issue a code of conduct to be observed by all members of the Board and local boards. (2) Without limiting what may be included in the code, the code may relate to any conduct (whether by way of act or omission) of a member in carrying out his or her functions that is likely to bring the Board or a local board into disrepute. (3) In particular, the code may contain provisions for or with respect to the following conduct— (a) conduct that contravenes all or specified provisions of this Act or the regulations in all or specified circumstances, (b) improper or unethical conduct, (c) abuse of power and other misconduct, (d) action causing, comprising or involving any of the following— (i) intimidation, harassment or verbal abuse, (ii) discrimination, disadvantage or adverse treatment in relation to employment, (iii) prejudice in the provision of a service to the community, (e) conduct of a member causing, comprising or involving any of the following— (i) directing or influencing, or attempting to direct or influence, a member of staff of Local Land Services in the exercise of the functions of the staff member, (ii) an act of disorder committed by the member at a meeting of the Board or a local board, (f) the disclosure by members of interests (whether pecuniary or otherwise) that could conflict with the proper performance of a member's functions and avoidance of conflicts of interest, (g) the disclosure by members of confidential documents and information. (4) A member of the Board or a local board must not contravene the code. (5) Nothing in this section or such a code gives rise to, or can be taken into account in, any civil cause of action, and nothing in this section affects rights or liabilities arising apart from this section. Part 4 Planning the delivery of local land services Division 1 State strategic plan 36 Purpose and term of State strategic plan (1) A State strategic plan is to set the vision, priorities and overarching strategy for local land services in the State, with a focus on appropriate economic, social and environmental outcomes. (2) A State strategic plan has effect for the period of 10 years (or such other period as is prescribed by the regulations) after it is approved by the Minister. 37 Preparation of draft State strategic plan (1) Local Land Services must prepare a draft State strategic plan for local land services in the State that complies with this Division and submit the draft plan to the Minister for approval. (2) A draft State strategic plan is to be prepared and submitted as soon as practicable after the commencement of this Act and at such later times as may be specified by the Minister. (3) In preparing a draft State strategic plan, Local Land Services is to have regard to— (a) any State priorities for local land services, and (b) the provisions of any environmental planning instrument under the Environmental Planning and Assessment Act 1979 that applies to a region, and (c) any other existing natural resource management plans (including any such plans in the course of preparation) for a region including the State Water Management Outcomes Plan and any management plan under the Water Management Act 2000, and (d) sound evidence-based practices to support primary industries, resilient communities and healthy landscapes, and (e) the need for engagement of the community, including the Aboriginal community. 38 Contents of draft State strategic plan A draft State strategic plan must include the following— (a) the outcomes that are expected to be achieved by the implementation of the plan and the timeframes for achieving those outcomes, (b) requirements for reporting on whether those outcomes and timeframes have been achieved, (c) any other matters that the Minister may direct to be included in the plan. 39 Consultation on draft State strategic plan Local Land Services is to consult widely on a draft State strategic plan, by giving such public notice of the preparation of the plan and undertaking such public exhibition of the plan as is required by the regulations or the Minister. 40 Submission of draft State strategic plan for approval (1) Local Land Services is to submit a copy of the draft State strategic plan to the Minister for approval. (2) In assessing the draft State strategic plan, the Minister is to seek the advice of any person or body to which the draft State strategic plan is required to be referred by the regulations and take into account any such advice provided within the time requested by the Minister. (3) The Minister may take into account the advice of any other person or body in assessing the draft State strategic plan. (4) If a draft State strategic plan requires a person or body other than Local Land Services to carry out any activity, Local Land Services is to provide the Minister with evidence that the person or body has agreed to carry out that activity. 41 Approval of draft State strategic plan (1) The Minister may— (a) approve a draft State strategic plan submitted to the Minister by Local Land Services, without alteration or with such alteration as the Minister thinks fit, or (b) refer the draft State strategic plan back to Local Land Services for further consideration. (2) The Minister is not to approve a draft State strategic plan unless the Minister— (a) is sa