Proposed Local Land Services Regulation

Local Land Services Regulation 2026
under the
Local Land Services Act 2013

[The following enacting formula will be included if this regulation is made—]

Her Excellency the Governor, with the advice of the Executive Council, has made the following regulation under the Local Land Services Act 2013.

Minister for Agriculture

Explanatory note

The object of this regulation is to remake, with minor changes, the Local Land Services Regulation 2014, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

This regulation provides for the following—

• the constitution of Local Land Services Boards,
• the levying of rates and catchment contributions,
• annual returns by landholders,
• the management of native vegetation,
• stock zones and travelling stock reserves,
• stock watering places,
• the transportation of stock,
• enforcement matters including penalty notice offences.

Part 1 Preliminary

1. Name of regulation

This regulation is the Local Land Services Regulation 2026.

2. Commencement

This regulation commences on 1 September 2026.

Note— This regulation replaces the Local Land Services Regulation 2014, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3. Definitions
2014 regulation, cl 3(1)

The dictionary in Schedule 4 defines words used in this regulation.

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

4. Stock units
2014 regulation, cl 3(2)

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

Part 2 Local board members

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

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

6. Required expertise, knowledge or skills—the Act, s 27(4)
2014 regulation, cl 90

The following areas are prescribed—

• leadership, strategic planning and management,
• regional service delivery and working with industry, government and other partners,
• audit, financial control and reporting and risk management,
• primary industries or providing services to support primary industry,
• contemporary biosecurity programs in animal and plant health, pest and weed management,
• emergency management, especially biosecurity and natural disaster emergencies,
• natural resource management and biodiversity conservation,
• working with Aboriginal communities and groups,
• local government,
• community engagement.

7. Other eligibility criteria—the Act, s 27(5)
2014 regulation, cl 91–94

1. A person is not eligible to be elected as a member of a local board if, on the relevant day—
   • the person’s principal place of residence is located outside the local board’s region, or
   • the person is a member of another local board, or
   • the person is nominated as a candidate for election to another local board.
2. A person is not eligible to be appointed or elected as a member of a local board if, on the relevant day—
   • the person is less than 18 years of age, or
   • the person is a member of staff of Local Land Services, or
   • the person has, in the last 15 years, been personally insolvent, or
   • the person has, at any time, been convicted—
     • in New South Wales of an offence punishable by imprisonment for 12 months or more, or
     • elsewhere of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more.
3. In this section, relevant day means—
   • for an appointee—the day on which the appointment takes effect, or
   • for a person nominated for election—the day on which nominations close.

8. Minister must have regard to place of residence of appointed member—the Act, s 27(6)(b)
2014 regulation, cl 95

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

Part 3 Rates

Division 1 Preliminary

9. Rateable land—the Act, s 56(b)
2014 regulation, cl 4

Land is rateable land if it was rateable land for the purposes of the former RLP Act.
Note— See the Rural Lands Protection Regulation 2010, clause 6 and Schedule 3, as in force immediately before the repeal of that regulation by the Act.

10. Multiple holdings treated as single holding—the Act, s 206(1)
2014 regulation, cl 3(3)

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

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

11. Definition

In this division— special purpose rate has the meaning given by section 12(3).

12. Types of rates
2014 regulation, cl 5, 6, 7(1) and 25(1)

1. Local Land Services must calculate and levy a general rate and an animal health rate for rateable land each calendar year.
2. The general rate and the animal health rate must be calculated before—
   • 31 March of the relevant year, or
   • a later date approved by the Minister for the relevant year.
3. Local Land Services may calculate and levy one or more other rates (each a special purpose rate) for land within a district for a year if Local Land Services considers it necessary, including to fund a contribution payable under the Act, section 200A.

13. Amounts of rates
2014 regulation, cl 6 and 7(2)

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

   R = B + (A x C)

   where—
   R represents the rate payable.
   B represents the base amount, determined by Local Land Services, payable for each holding that is rateable land.
   A represents the amount, determined by Local Land Services, payable for each stock unit—

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

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

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

   R = X + (A x C)

   where—
   R represents the rate payable.
   X represents the base amount determined by Local Land Services.
   A represents the amount, determined by Local Land Services, payable for each stock unit based on the total notional carrying capacity of rateable land in the district.
   C represents the notional carrying capacity of the holding determined in accordance with section 23.

3. In calculating the general rate for rateable land, Local Land Services must disregard a part of the land—
   • used for intensive livestock production, or
   • for which an animal health rate is payable.
4. In calculating the animal health rate for rateable land, Local Land Services must disregard a part of the land used for intensive livestock production.
5. An animal health rate may be levied for rateable land for which an annual return has not been lodged under the Act, section 58.
6. In this section— 
   constituent part, of a district, has the same meaning as in the former RLP Act, Schedule 7, clause 49.

14. Levying of rates
2014 regulation, cl 8

1. A rate is levied for land by giving a rate notice for the land to an occupier of the land who is liable, under Division 3, to pay the rate.
2. A rate notice must be given to the occupier as soon as practicable after the rate is calculated.
3. A rate must be paid on or before the payment date specified in the rate notice.
4. The payment date must be no less than 28 days, and no more than 42 days, after the day the rate notice is given.
5. Local Land Services may agree to accept payment of a rate by instalments or in accordance with an agreement made with the occupier.
6. If there are 2 or more occupiers of the land, a rate notice given to 1 of the occupiers is taken to have been given to all occupiers.
7. An occupier of land, other than the owner, who is given a rate notice must give each other occupier and each owner of the land, other than the Crown, a copy of the rate notice within 14 days after receiving the rate notice. 
   
   Maximum penalty—10 penalty units.

15.  Appropriation of special purpose rates
2014 regulation, cl 6(8) 

1. A special purpose rate paid to Local Land Services must not be used for a purpose other than the purpose for which the rate was levied.
2. Local Land Services may use the amount of a special purpose rate that is surplus to the purpose for which the rate was levied for another purpose approved by the Minister.

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

16. Occupiers liable to pay rates
2014 regulation, cl 9

1. The occupier of land for which a rate is levied by Local Land Services is liable to pay the rate, except as otherwise provided by this part.
2. If there are 2 or more occupiers of the land, the occupiers are jointly and severally liable to pay the rate.
3. An occupier who pays Local Land Services more than the occupier’s proportionate share of the rate may recover the excess from the other occupiers.

17. Owners liable to pay rates not paid by occupiers
2014 regulation, cl 10

1. This section applies to a rate or part of a rate for land (an unpaid rate) that is unpaid by the occupier of the land within 12 months after the payment date specified in the relevant rate notice.
2. The owner of the land is liable to pay an unpaid rate, including interest and other related charges.
3. Local Land Services must not recover an unpaid rate unless the owner has been given at least 28 days notice of the amount payable.
4. An owner who pays an unpaid rate may recover the amount of the payment from the occupier who was given the rate notice.
5. If there are 2 or more owners of the land, the owners are jointly and severally liable to pay the unpaid rate.
6. An owner who pays Local Land Services more than the owner’s proportionate share of an unpaid rate may recover the excess from the other owners.
7. This section does not affect the liability of an occupier to pay a rate.

18. Change of occupier or owner
2014 regulation, cl 11(1), (2) and (4) and 12

1. A person who ceases to be the occupier or owner of land for which a rate is payable remains liable to pay the rate in accordance with this division until the person gives notice under section 19 of the change in occupancy or ownership.
2. Subsection (1) does not affect the liability of an owner, other than the Crown, to pay an amount under section 17.
3. A person who becomes the occupier of land owned, or the subject of a lease or licence granted, by the Crown is not liable to pay a rate levied for the land that is unpaid on the day the person becomes occupier.
4. If there is a change in the occupancy or ownership of land during the year in relation to which a rate is levied, the rate is payable between the former and subsequent occupiers or owners in proportion to—
   • the part of the land occupied or owned, and
   • the part of the year during which the land was occupied or owned.

19. Notice of change of occupier, owner or contact details
2014 regulation, cl 24 and 26(1)

1. A person who becomes, or ceases to be, the occupier or owner of rateable land must give notice, in the approved form, to Local Land Services within 1 month after becoming, or ceasing to be, the occupier or owner.
   
   Maximum penalty—10 penalty units.
    
2. A person is taken to have given notice of a change in ownership under this section if, within 1 month after the change, notice of the change is lodged with the Registrar-General in accordance with—
   • the Real Property Act 1900, section 39, or
   • the Conveyancing Act 1919, section 184E.
3. An occupier of rateable land must notify Local Land Services of a change in the occupier’s contact details, as specified in the notice, within 1 month after the change takes effect.
   
   Maximum penalty—10 penalty units.

20. Recovery of rates paid when not occupier or owner
2014 regulation, cl 11(3) and 13

1. A person who pays a rate to Local Land Services after the person ceases to be the occupier or owner of the land for which the rate is payable, but before the person gives notice of the change in occupancy or ownership under section 19 may recover the amount of the rate from the subsequent occupier or owner of the land.
2. An occupier or owner of land who pays Local Land Services a rate that accrued while another person occupied or owned the land may recover from that person the share of the rate that accrued while the person was occupier or owner of the land.

21. Appeals against rates
2014 regulation, cl 21, 22(2) and 23

1. An occupier or owner of land may appeal to the Tribunal against the validity of a rate levied for the land.
2. An appeal must not be made unless the occupier or owner of the land files with the appeal a certificate from Local Land Services, or other evidence acceptable to the Tribunal, confirming all rates payable by the owner or occupier for the land in preceding years have been paid.
3. An appeal may only be made on the ground that the land, or part of the land, is not rateable or otherwise subject to the rate.
4. The appeal must be made within 30 days after the occupier receives the relevant rate notice.
5. The Tribunal must decide an appeal by confirming or varying the rate.
6. An appeal under this section does not prevent the commencement of proceedings to recover the rate.

22. Exemptions
2014 regulation, cl 14 and 15

1. Rateable land is exempt from an animal health rate for a year if the annual return lodged in the preceding year indicates that fewer than the prescribed number of stock units were kept on the land on 30 June of that year.
2. The part of a holding occupied by either of the following is exempt from the operation of the Act, Part 5—
   • Local Land Services,
   • a local authority, if used for a purpose other than agriculture.
3. The part of a holding used for caravan parks, cemeteries, golf courses, hotel or motel accommodation, industries, racecourses or showgrounds is exempt from the operation of the Act, Part 5.
4. The part of a holding used for the following purposes is exempt from the operation of the Act, Part 5, other than the Act, section 58—
   • growing sugar cane,
   • a rifle range, including ancillary buildings.

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

   prescribed number means—

   • for horses—100, or
   • otherwise—50.

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

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

23. Assessment of notional carrying capacity
2014 regulation, cl 17

1. Local Land Services’ assessment of the notional carrying capacity of a holding—
   • may be undertaken at any time, and
   • must be undertaken at least once every 5 years.
2. Local Land Services must assess the notional carrying capacity of a holding by reference to the number of stock units that could be kept on the holding in an average season under management practices that, in the opinion of Local Land Services, are usual for the district.
3. In assessing the notional carrying capacity of a holding that is rateable land, Local Land Services must—
   • make the assessment as if the land is used only to raise stock, and
   • not take into account noxious weeds or pests on the land, and
   • if the land is irrigated and used for permanent plantings—not take into account the use of irrigation, and
   • base the assessment on the condition of the holding as at the assessment date.
4. In assessing the notional carrying capacity of a holding that is rateable land used for intensive livestock production, Local Land Services must consider the following—
   • the nature of the holding,
   • the land improvements carried out, and equipment or structures used, for the purposes of intensive livestock production,
   • other structures on the land,
   • the way the holding has been worked.
5. For this section—
   • a 40kg wether equates to 1 stock unit, and
   • a 400kg steer equates to 10 stock units.
6. In this section—
   permanent plantings means the planting of trees or vines upon which crops are produced without annual replanting.
   
   pest has the same meaning as in the Act, section 200A(5).

24. Notice of assessment
2014 regulation, cl 16

1. Local Land Services must give a notice of assessment to an occupier of a holding—
   • as soon as practicable after the assessment is made, and
   • no later than the day the next rate notice for the land is given.
2. If there are 2 or more occupiers of the holding, a notice of assessment given to 1 of the occupiers is taken to have been given to all occupiers.
3. An occupier of a holding, other than the owner, who is given a notice of assessment must give each other occupier and each owner of the holding a copy of the notice within 14 days after receiving the notice.
   
   Maximum penalty—10 penalty units.

25. Application for review of assessment
2014 regulation, cl 18 and 19

1. An occupier or owner of a holding may apply to Local Land Services for a review of an assessment of the notional carrying capacity of the holding.
2. The application must be made—
   • in writing, and
   • within 28 days after the notice of assessment is given.
3. Local Land Services may, within 28 days after receiving an application, require the applicant to give Local Land Services the additional information reasonably required for the review.
4. Local Land Services must review the assessment within 40 days after receiving—
   • the application, or
   • if additional information is required under subsection (3)—the additional information.
5. Local Land Services may refuse to consider an application if the applicant has failed to give the additional information under subsection (3) within a reasonable time.
6. Local Land Services must decide an application by confirming or varying the assessment.
7. Local Land Services must give the applicant notice of the decision as soon as practicable after completing the review.
8. The applicant must notify each other occupier or owner of the land of the decision within 14 days after being given notice of the decision.
   
   Maximum penalty—10 penalty units.
    
9. Local Land Services is taken, for an appeal under section 26 to have confirmed the assessment if Local Land Services has not reviewed the assessment within the period specified in subsection (4).

26. Appeals against assessments
2014 regulation, cl 20 and 22(1)

1. An occupier or owner of a holding may appeal to the Tribunal against a decision of Local Land Services made under section 25.
2. An appeal may not be made unless the appellant has paid all rates the appellant is liable to pay under Division 3, including for previous years, other than rates based on the assessment of notional carrying capacity subject to the appeal.
3. An appeal must be made within 30 days after the occupier or owner receives notice of the decision being appealed.
4. In deciding the appeal, the Tribunal must consider—
   • the information given or available to Local Land Services when the assessment was made, and
   • the additional information given to Local Land Services under section 25(3).
5. The Tribunal may consider information in an annual return lodged for the land under the Act, section 58.
6. The Tribunal must decide an appeal by confirming or varying the assessment.

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

Division 1 Preliminary

27. Definitions
2014 regulation, cl 31

In this part—

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

catchment contribution area means the following—

• an area that was, immediately before the repeal date—
  • a catchment contribution area, within the meaning of the repealed Act, Schedule 4, and
  • within the area of operations of the Authority,
• an area declared by an order made under section 28 to be a catchment contribution area.

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

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

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

repealed Act means the Catchment Management Authorities Act 2003.

Division 2 Levying catchment contributions

28. Catchment contribution areas
2014 regulation, cl 32 and 33(3) and (4)

1. The Minister may, by order published in the Gazette, declare land in a region to be a catchment contribution area.
2. Local Land Services must keep an up-to-date map of all catchment contribution areas on its website.

29. Type of contribution
2014 regulation, cl 33(1) and (2)

1. Local Land Services may, in a charging year, calculate and levy a catchment contribution for land in a catchment contribution area if Local Land Services considers there will be a shortfall in funding for catchment activities carried out by Local Land Services in the area that charging year.
2. In this section— 
   catchment activities includes the following—
   • flood mitigation work,
   • wetland rehabilitation work,
   • riparian and river health work,
   • education, community engagement, financing and natural resource management work related to paragraphs (a)–(c).

30. Estimates of income and expenditure
2014 regulation, cl 35

1. Local Land Services must, at least 2 months before the commencement of each charging year, prepare and give the Minister estimates of—
   • Local Land Services’ income for the year from all sources, including the amount proposed to be received as catchment contributions, and
   • the expenditure to be incurred during the year in exercising Local Land Services’ functions relating to natural resource management.
2. The estimates must be in the form required by the Minister.

31. Basis for catchment contributions
2014 regulation, cl 36

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

32. Determinations for catchment contributions
2014 regulation, cl 37

1. At least 1 month before the commencement of a charging year for which Local Land Services proposes to levy a catchment contribution, Local Land Services must determine the following—
   • the total amount proposed to be levied for the year as catchment contributions,
   • the land in the catchment contribution area for which a catchment contribution is to be levied,
   • the rate of the catchment contribution.
2. Local Land Services may determine different rates for different land.
3. The Minister may extend the period during which a determination may be made for a charging year.
4. A determination under this section must be approved by the Minister.
5. The approved determination—
   • must be published in the Gazette, and
   • takes effect on the commencement of the charging year to which it relates.
6. An owner of land is not liable to pay a catchment contribution for a charging year until after the publication of the approved determination in the Gazette.

33. Calculation of catchment contributions
2014 regulation, cl 38(1) and 39(1) and (2)

1. After the publication of a determination under section 32, Local Land Services must, in accordance with the determination—
   • classify each parcel of land for which a catchment contribution is to be levied, and
   • calculate the catchment contribution payable for each parcel.
2. If the value of the parcel of land changes during the charging year, Local Land Services may recalculate the catchment contribution from the date the new value takes effect.

34. Levying of catchment contributions
2014 regulation, cl 38(2) and (3)

1. Local Land Services is to levy a catchment contribution, including a recalculated contribution, by giving a catchment contribution notice for the land to the owner of the land.
2. A catchment contribution notice may form part of a council rate notice or other statutory notice given to the owner for the land.

Division 3 Liability to pay catchment contributions

35. Owners liable to pay catchment contributions
2014 regulation, cl 38(4), 39(3) and 46

1. An owner of a parcel of land for which a catchment contribution is levied by Local Land Services is liable to pay the contribution, except as otherwise provided by this part.
2. A catchment contribution must be paid on or before the payment date specified in the catchment contribution notice, which must be—
   • no less than 28 days after the notice is given, and
   • no more than 42 days after the notice is given.
3. Local Land Services may agree to accept payment of a catchment contribution by instalments or in accordance with an agreement made with the owner.
4. If there are 2 or more owners of the land—
   • a catchment contribution notice given to 1 of the owners is taken to have been given to all owners, and
   • the owners are jointly and severally liable to pay the catchment contribution, and
   • an owner who pays Local Land Services more than the owner’s proportionate share of the contribution may recover the excess from the other owners.

36. Change of owner
2014 regulation, cl 47(1) and (3), 48 and 49(1)

1. A person who ceases to be the owner of a parcel of land for which a catchment contribution is payable is liable to pay the contribution until the day the person gives notice of the change in ownership to Local Land Services.
2. A person who becomes the owner of a parcel of land is liable to pay a catchment contribution that has been levied for the land and that is unpaid on the day the person becomes the owner.
3. If there is a change in the ownership of the land during the charging year in relation to which the contribution is levied, the contribution is payable between the former and subsequent owners in proportion to—
   • the part of the land owned, and
   • the part of the year during which the land was owned.
4. A person is taken to have given notice of a change in ownership under this section if notice of the change is lodged with the Registrar-General in accordance with—
   • the Real Property Act 1900, section 39, or
   • the Conveyancing Act 1919, section 184E.

37. Recovery of catchment contributions paid when not owner
2014 regulation, cl 47(2) and 49(2)

1. A person who pays a catchment contribution for land after the person ceases to be the owner of the land, but before giving notice of the change in ownership under section 36 may recover the amount of the contribution from the subsequent owner of the land.
2. An owner of land who pays a catchment contribution that accrued while another person owned the land may recover from that person the share of the contribution that accrued while the person was the owner of the land.

38. Interest on overdue catchment contributions
2014 regulation, cl 42

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

39. Recovery of catchment contributions by Local Land Services
2014 regulation, cl 43

1. An unpaid catchment contribution may be recovered as a debt due to the Crown in a court of competent jurisdiction.
2. An unsatisfied judgment or order of a court for the recovery of an unpaid catchment contribution does not prevent recovery of the contribution from another person liable to pay the contribution.

40. Refunds and credits
2014 regulation, cl 50

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

• refund the overpayment, or
• credit the overpayment against another amount the person is liable to pay to Local Land Services.

41. Catchment contributions are charge on land
2014 regulation, cl 41

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

Part 5 Annual returns—the Act, s 58

42. Definitions

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

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

43. Persons required to lodge annual returns
2014 regulation, cl 28

1. For the Act, section 58(1), the following persons are prescribed—
   • the occupier of a holding that is rateable land on the relevant date,
   • the occupier of a holding that—
     • is not rateable land on the relevant date, and
     • has a property identification code,
   • an occupier or owner—
     • of a holding that is not rateable land on the relevant date, and
     • who is the owner of stock animals identified under a stock identification scheme under the Biosecurity (National Livestock Identification System) Regulation 2017, Part 2.
2. If there are 2 or more occupiers of a holding specified in subsection (1)(a), an annual return duly lodged by 1 of the occupiers is taken to have been lodged by the other occupiers.

44. Timing and content of annual returns
2014 regulation, cl 29

1. An annual return must be lodged with Local Land Services before 1 September each year.
2. The annual return must be signed by, or on behalf of, the person lodging the return.
3. The annual return must include the following matters—
   • the name and contact details, including postal address, of the person lodging the return,
   • the address of the holding, if different to the person’s postal address,
   • a description of the holding, including the following—
     • the portion number or the lot and deposited plan number,
     • the parish and county in which the holding is located,
     • the area of the holding,
     • the area of the holding planted with grapevines or sugar cane on the relevant date,
     • details of a part of the holding that is a conservation area within the meaning of the National Parks and Wildlife Act 1974,
   • the property identification code for the holding,
   • the number of each kind of stock, other than pigs, kept on the holding and that are, on the relevant date, at least 6 months of age,
   • the number of pigs kept on the holding on the relevant date,
   • if intensive livestock production is carried out on the holding—
     • the area of the holding used for intensive livestock production, and
     • the stock capacity of that area, and
     • the number of stock kept for intensive livestock production on the holding,
   • if lodged by a person referred to in section 43(1)(a) holding reference number shown on the last rate notice for the land.

45. Use of information
2014 regulation, cl 30

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

• preparing and implementing emergency preparedness and response programs for—
  • animal or plant disease, or
  • pests,
• preventing, managing or eradicating disease, pests or residues—
  • in animals, plants or animal or plant products, or
  • on land or adjacent waters,
• responding to droughts, fires, floods and other emergencies,
• verifying the notional carrying capacity of a holding,
• administering services associated with agricultural production or animal health,
• preparing statistical data relating to animal health or the protection of rural land,
• preparing annual reporting information under the Government Sector Finance Act 2018 and annual reports under the Act,
• preparing the roll for an election of members of a local board.

Part 6 Native vegetation

Division 1 Preliminary

46. Meaning of “native vegetation”—the Act, s 60B(2)
2014 regulation, cl 106

1. A species of plant may be conclusively presumed to be native to New South Wales if the species is included in the database known as “New South Wales Flora Online”, published on the website of the Royal Botanic Gardens and Domain Trust.
2. This section does not apply to a species identified in the database as an introduced species only.

Division 2 Native vegetation regulatory maps

47. Draft native vegetation regulatory map—the Act, s 60F(6)(c)
2014 regulation, cl 107

1. The Environment Agency Head must, before the end of the transitional period—
   • prepare a draft native vegetation regulatory map, and
   • publish the draft map on an appropriate government website.
2. Subject to this division, the Act, Part 5A, Division 2, other than section 60K(7), applies to the map in the same way the division applies to a native vegetation regulatory map.

48. Category 2-sensitive regulated land—the Act, s 60G(3)(c)
2014 regulation, cl 108

1. A native vegetation regulatory map must designate category 2-regulated land as category 2-sensitive regulated land if the Environment Agency Head reasonably believes the land—
   • is required to be designated as category 2-regulated land by the Act, section 60I(2)(c), (d), (f)–(h) or (j)–(m), or
   • is required to be designated as category 2-regulated land by the Act, section 60I(2)(i), unless the land is identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2, or
   • is required to be designated as category 2-regulated land by this regulation, section 50(3), but excluding land listed in Schedule 2, items 3, 5, 7 and 12, or
   • is the subject of a property vegetation plan approved under the Native Vegetation Act 2003, as in force immediately before its repeal, that requires the land to be conserved or makes provision for public funding to improve biodiversity on the land, or
   • contains high conservation value grasslands or other groundcover, as determined by—
     • a relevant determination, or
     • a field assessment, the Environment Agency Head is satisfied was independent, undertaken before the commencement of the Act, Part 5A, or
   • has been recommended for declaration as an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016, section 3.3(1)(a), unless a decision has been made not to proceed with the recommendation.
2. Land designated as category 2-sensitive regulated land on a transitional native vegetation regulatory map published under the Act, section 60F(2)(c) is taken to be categorised as category 2-sensitive regulated land.
3. The Act, sections 60K–60M extend to the categorisation or re-categorisation of land as category 2-sensitive regulated land.

49. Land containing low conservation value groundcover to be designated as category 1-exempt land—the Act, s 60H(2)(c)
2014 regulation, cl 109(1)

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

50. Land to be designated as category 2-regulated land—the Act, s 60I(2)(j), (l) and (n)
2014 regulation, cl 109(2), 111–113

1. For the Act, section 60(2)(j), koala habitat that the Environment Agency Head considers to be core koala habitat is prescribed.
2. For the Act, section 60I(2)(l), mapped land must not be designated as category 2-regulated land unless the land directly adjoins the location, as identified in the records kept by the Environment Agency Head, of particular plants of a critically endangered species.
3. For the Act, section 60(2)(n), land of a kind listed in Schedule 2 is prescribed as category 2-regulated land.
4. Land listed in Schedule 2, item 10 must not be re-categorised only because of a change in the criteria referred to in the item if the Environment Agency Head is satisfied the native vegetation on the land met the relevant criteria when the land was designated as category 2-regulated land.

51. Significant disturbance or modification of native vegetation—the Act, s 60J(2)
2014 regulation, cl 114

1. Native vegetation has been significantly disturbed or modified if—
   • a detectable variation occurring in the structure or composition of the vegetation, between 1 January 1990 and the commencement of the Act, Part 5A, is shown by—
     • during the transitional period referred to in the Act, section 60F—aerial or satellite imagery, or maps and other evidence given by the landholder, or
     • otherwise—aerial or satellite imagery, and
   • the variation—
     • is consistent with the management of pasture or crops for agricultural purposes, and
     • is not the result of grazing only, and
     • occurred for at least 2 distinct periods, each a minimum of 12 months, before the commencement of the Act, Part 5A.
2. A map and other evidence given by a landholder under this section must be kept by the landholder for at least 5 years after any clearing carried out in reliance on the information.

52. Compliance or enforcement action related to clearing—the Act, s 60J(3)
2014 regulation, cl 115

1. The following kinds of compliance or enforcement action are prescribed—
   • the conviction of a person, or a finding of guilt, for a relevant offence related to clearing,
   • an order of a court in civil proceedings instituted to remedy or restrain a contravention of a provision that is a relevant offence related to clearing.
2. In this section—
   relevant offence means an offence under one of the following provisions—
   • the Act, section 60N, 60X, 60ZC(6) or 60ZZA,
   • the Biodiversity Conservation Act 2016, section 2.2, 2.3 or 2.4,
   • the Environmental Planning and Assessment Act 1979, section 9.50, but only if the offence involved clearing that required development consent under State Environmental Planning Policy No 46—Protection and Management of Native Vegetation,
   • the Forestry Act 2012, section 69SA,
   • the National Parks and Wildlife Act 1974, section 118A(2), 118C or 118D, as in force immediately before the repeal of that Act, Part 8A,
   • the Native Vegetation Act 2003, section 12, as in force immediately before the repeal of that Act,
   • the Native Vegetation Conservation Act 1997, section 17, as in force immediately before the repeal of that Act.

53. Re-categorisation of land as category 1-exempt land—the Act, s 60K(3)(f)
2014 regulation, cl 116

1. Land is authorised to be re-categorised from category 2-regulated land to category 1-exempt land if—
   • the land was unlawfully cleared between 1 January 1990 and the commencement of the Act, Part 5A, and
   • the land was subsequently lawfully cleared after the native vegetation had regrown but before the commencement of the Act, Part 5A, and
   • the landholder has requested the land be re-categorised.
2. Land is authorised to be re-categorised from category 2-regulated land to category 1-exempt land if—
   • the land was, but is no longer, the subject of a relevant private native forestry plan, and
   • the land had been cleared of native vegetation when the plan was made, and
   • the landholder has requested the land be re-categorised, and
   • nothing in the Act, this regulation or another law requires the land to continue to be categorised as category-2 regulated land.

54. Consultation with landholders about re-categorisation—the Act, s 60K(7)
2014 regulation, cl 117

1. Landholders affected by a proposed re-categorisation must be individually notified, except as otherwise provided by this section.
2. Landholders affected by a proposed re-categorisation may be consulted by a public consultation process if—
   • the relevant land is proposed to be re-categorised—
     • as a result of the annual review of published maps under the Act, section 60K(2), or
     • from category 2-regulated land to category 1-exempt land, or
   • all landholders of the relevant land who have a registered freehold or leasehold interest in the land have been directly notified of, or directly involved in, the event resulting in the proposed re-categorisation.
3. Landholders who do not have a registered freehold or leasehold interest in the land proposed to be re-categorised may be consulted by a public consultation process.
4. To consult by public consultation, the Environment Agency Head must publish a notice in a way the Environment Agency Head is satisfied is likely to bring the notice to the attention of—
   • if the re-categorisation relates to a single local government area—the general public in the local government area, or
   • otherwise—the general public.
5. The notice must—
   • identify the land proposed to be re-categorised, and
   • specify where the draft native vegetation regulatory map may be viewed by the general public, and
   • state that any person may make submissions to the Environment Agency Head within the period specified in the notice, being a period of not less than 30 days, and
   • specify the process for making submissions.

55. Period category 1-exempt land taken to be category 2-regulated land while considering proposed re-categorisation—the Act, s 60K(9)(b)
2014 regulation, cl 118

The prescribed period is 60 days.

56. Prevention of clearing while considering re-categorisation of land to category 2-sensitive regulated land—the Act, s 60K(11)
2014 regulation, cl 119

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

• the Environment Agency Head notifies the landholder that the land will not be, or has been, re-categorised,
• 60 days have passed.

57. Review of categorisation and re-categorisation decisions—the Act, s 60L(5)
2014 regulation, cl 120(1) and 121

1. A request for the review of a decision relating to the categorisation or re-categorisation of land must—
   • be made in the form approved by the Environment Agency Head, and
   • describe the relevant land, including by providing—
     • if the request relates to part of 1 or more lots—a spatially accurate map of the land, which includes geographic coordinates for the land, or
     • otherwise—the lot and deposited plan number for the land, and
   • if the relevant landholder is seeking a particular categorisation—include the information the landholder is relying on, including—
     • the provision of the Act, Part 5A or this regulation authorising the categorisation, and
     • information relevant to determining whether the requirements specified in the provision are satisfied, and
   • be accompanied by a fee of $300.
2. The Environment Agency Head may request the further information from the relevant landholder that the Environment Agency Head considers necessary for the review.
3. A request under subsection (2) must—
   • be in writing, and
   • specify the period within which the information must be given, and
   • specify the effect on the determination of the request of a failure to give the information.
4. The Environment Agency Head may proceed to determine a request for review for which further information has been requested if—
   • the relevant landholder has notified the Environment Agency Head that the information will not be given, or
   • the information has not been given within—
     • the period specified in the request, or
     • a longer period allowed by the Environment Agency Head.
5. The Environment Agency Head may, if satisfied that it is appropriate to do so in a specific case, waive, refund or reduce the fee under subsection (1)(d).

58. Timing for appeals against categorisation or re-categorisation decisions—the Act, s 60M
2014 regulation, cl 122 and 123

1. For the Act, section 60M(2)(b), the prescribed period is 40 days after the relevant request is made.
2. If, within 25 days after the request is made, the relevant landholder is requested to give further information in accordance with section 57 the number of days that pass before the landholder provides the information, or notifies the Environment Agency Head that the information will not be given, must not be counted in calculating the 40-day period.
3. For the Act, section 60M(3), the prescribed time is 90 days after the later of the following—
   • the day the relevant landholder is notified of the decision made after the relevant review,
   • the end of the period prescribed by subsection (1), if the relevant request has not been determined within the period.

Division 3 Native vegetation clearing under land management (native vegetation) code

59. Land excluded from application of land management code—the Act, s 60S(2)
2014 regulation, cl 124

1. The following land is excluded from the regulated rural area in which clearing of native vegetation is authorised by a land management (native vegetation) code—
   • category 2-sensitive regulated land,
   • land designated as category 2-regulated land under the Act, section 60I(2)(a),
   • land subject to a private native forestry plan under the Act, Part 5B,
   • land subject to a private native forestry plan approved under the Forestry Act 2012, Part 5C before the repeal of that part.
2. Subsection (1)(a) does not apply to category 2-sensitive regulated land set aside under a requirement made in accordance with a land management (native vegetation) code and the clearing of native vegetation on the land is permitted in accordance with the Act, section 60ZC(5)(b).
3. Land excluded under subsection (1)(b) is excluded only for the period during which obligations attached to the public funds used to grow or preserve native vegetation on the land are ongoing.

60. Owner consent for clearing—the Act, s 60S(4)(c)
2014 regulation, cl 125

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

• for Crown land—the Minister administering the Crown Land Management Act 2016, or
• otherwise—all owners of the land.

61. Content of code—the Act, s 60W(3)(l)
2014 regulation, cl 126

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

• the withdrawal of authority to clear native vegetation under the code,
• the maximum period for which a notice of clearing may be given by the landholder under the code.

62. Certificates—the Act, s 60Y(12)
2014 regulation, cl 127

1. An application for a certificate under the Act, section 60Y must—
   • be made in the form approved by Local Land Services, and
   • include the following information and documents—
     • the proposed native vegetation clearing activities to be covered by the certificate,
     • the details of the landholding on which the proposed activities will take place,
     • a map of the landholding clearly showing where the proposed activities will take place,
     • details of past native vegetation clearing on the land with reference to the requirements of the Land Management (Native Vegetation) Code 2018,
     • the contact details of the applicant.
2. A certificate must, by reference to relevant provisions of the relevant land management (native vegetation) code, set out the native vegetation clearing subject to a conclusive presumption under the Act, section 60Z(2).
3. The surrender of a certificate does not have effect unless approved by Local Land Services.
4. Local Land Services must not approve the surrender of a certificate if—
   • the certificate requires the establishment of a set aside area for native vegetation, and
   • the landholder has carried out clearing authorised by the certificate.

63. Public register of set aside areas—the Act, s 60ZC(3)
2014 regulation, cl 128 and 130

1. The public register of set aside areas may be kept by Local Land Services electronically or in hard copy, or both.
2. The register must include the following—
   • the precise location of each set aside area,
   • information about a variation to the set aside area, including the date the variation took effect.
3. Local Land Services may amend the register—
   • to remove an area, or part of an area, that has ceased to be a set aside area, or
   • to update particulars relating to obligations or other matters affecting set aside areas.
4. Local Land Services must not register a set aside area unless—
   • for a set aside area on Crown land—the Minister administering the Crown Land Management Act 2016 has given written consent to the establishment of the set aside area, or
   • otherwise—all owners of the land have given written consent to the establishment of the set aside area.
5. Local Land Services must give the public access to the register in the way Local Land Services determines.

64. Land that cannot be established as a set aside area—the Act, s 60ZC(4)(c)
2014 regulation, cl 129

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

• an area that is already a set aside area,
• an area subject to a relevant private native forestry plan,
• an area that was, immediately before the repeal of the Nature Conservation Trust Act 2001, subject to a Trust agreement under that Act,
• an area subject to a conservation agreement under the National Parks and Wildlife Act 1974,
• an area that, immediately before the repeal of the Native Vegetation Conservation Act 1997, was subject to a property agreement registered in accordance with that Act,
• an area that, immediately before the repeal of the Native Vegetation Act 2003, was—
  • subject to an offset required by a property vegetation plan under that Act, or
  • a conservation area, or an area subject to incentive funding, under a property vegetation plan under that Act,
• land designated as category 2-regulated land under the Act, section 60I(2)(a), but only for the period during which obligations attached to the public funds used to grow or preserve native vegetation on the land are ongoing,
• an area subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under—
  • the Biodiversity Conservation Act 2016, including a requirement made under the Native Vegetation Act 2003 before its repeal and taken to be remedial action required under the Biodiversity Conservation Act 2016, or
  • the National Parks and Wildlife Act 1974,
• an area subject to an approved conservation measure that was the basis for the biodiversity certification of land under the Biodiversity Conservation Act 2016, Part 8, or under an Act repealed by that Act,
• an area required, by a condition of a development consent or approval under the Environmental Planning and Assessment Act 1979, to be set aside for nature conservation, for re-vegetation of native vegetation or as a native vegetation offset,
• an area that contains native vegetation required to be retained under a condition of an authorisation that approves establishment operations for a plantation or proposed plantation under the Plantations and Reafforestation Act 1999,
• Southern Mallee private reserves.

Division 4 Approval for clearing native vegetation not otherwise authorised

65. Definition

In this division—
application means—

• an application under the Act, section 60ZH for approval to clear native vegetation, or
• an application under the Act, section 60ZI for approval to modify an approval to clear native vegetation.

66. Form of application—the Act, s 60ZH
2014 regulation, cl 131 and 133

1. An application must—
   • be made in the form and way determined by the Panel, and
   • be accompanied by the information and documentation specified in the form.
2. An application that also seeks to vary the like-for-like credit retirement obligations specified in the biodiversity development assessment report must specify the reasonable steps the applicant has taken to secure the like-for-like biodiversity credits.
3. In this section—
   reasonable steps means reasonable steps for the purposes of the biodiversity offsets scheme established under the Biodiversity Conservation Act 2016.

67. Request for additional information—the Act, s 60ZH
2014 regulation, cl 134

1. The Panel may request that an applicant give the Panel the additional information the Panel considers necessary for the proper consideration of an application.
2. A request must—
   • be in writing, and
   • specify the reasonable period within which the information must be given to the Panel, and
   • include notice of the effect of a failure to give the information on the determination of the application and on the applicant’s rights of appeal in relation to the application.
3. The Panel may deal with an application, including by refusing the application, if—
   • the applicant notifies the Panel in writing that the information will not be given, or
   • the information has not been given within the period specified by the Panel or a longer period the Panel allows.

68. Fees—the Act, s 60ZF(11)
2014 regulation, cl 132

1. An applicant must, when applying to clear native vegetation, pay the Panel the relevant application fee.
2. An applicant must, when seeking variation of an approval to clear native vegetation, pay the panel the following fee—
   • for a minor variation—$850,
   • otherwise—50% of the application fee paid for approval for which the variation is sought.

3. In this section—
   minor variation means—

   • the correction of a minor error, misdescription or miscalculation, or
   • a variation—
     • to substantially the same clearing as the clearing to which the approval sought to be modified relates, and
     • that will have minimal environmental impact.

   relevant application fee means—

   • for an application relating to land in the Coastal Zone—
     • that is less than 10ha and does not contain a threatened ecological community—$3,000, or
     • that is at least 10ha and not more than 20ha and does not contain a threatened ecological community—$6,000, or
     • otherwise—$9,000, or
   • for an application relating to land in the Central Zone—
     • that is less than 50ha and does not contain a threatened ecological community—$3,000, or
     • that is at least 50ha and not more than 100ha and does not contain a threatened ecological community—$6,000, or
     • otherwise—$9,000, or
   • for an application relating to land in the Western Zone—
     • that is less than 150ha and does not contain a threatened ecological community—$3,000, or
     • that is at least 150ha and not more than 300ha and does not contain a threatened ecological community—$6,000, or
     • otherwise—$9,000.

69. Time for dealing with application—the Act, s 60ZH and 60ZI(5)
2014 regulation, cl 135

1. The Panel must determine an application within 90 days after the date on which the application was made.
2. An application that has not been determined within the 90-day period is taken to have been refused.
3. The Panel may continue to deal with an application even if the application is taken to have been refused under subsection (2).
4. If the Panel, under section 67, requests an applicant give additional information about an application, the period of time between the day the request is made and the day the applicant gives the information, or notifies the Panel the information will not be given, must not be counted in calculating the 90-day period.

70. Appeals—the Act, s 60ZJ
2014 regulation, cl 136

1. An applicant may appeal to the Land and Environment Court against the decision of the Panel to refuse an application.
2. An appeal must be made within 6 months after the date on which—
   • the applicant is notified of the refusal, or
   • the application is taken to have been refused under section 69(2).

71. Date from which approval operates—the Act, s 60ZH(1)
2014 regulation, cl 137

1. An approval to clear native vegetation given by the Panel operates from the date the approval is given or a later date specified by the Panel.
2. If, following the hearing of an appeal, the Land and Environment Court approves an application to clear native vegetation, the approval operates from the date of the Court’s decision.

72. Lapsing of approval—the Act, s 60ZH(1)
2014 regulation, cl 138

1. An approval to clear native vegetation given by the Panel lapses 5 years after the date from which it operates.
2. An approval does not lapse if the clearing is commenced before the date on which the approval would otherwise lapse.
3. For subsection (2), the Panel may specify, in a notice of approval, circumstances in which clearing is or is not taken to have been commenced.

Part 7 Public roads and travelling stock reserves

Division 1 Preliminary

73. Definitions
2014 regulation, cl 51 and 71(6)

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

   public road includes—

   • the shoulder of the road, and
   • another part of the road not designated to be used by motor vehicles.

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

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

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

   • an official stock zone under section 75, or
   • a stock zone under section 76 or 77.

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

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

Division 2 Stock zones on public roads—the Act, s 206(2)(g) and (h)

74. Application of Road Rules 2014
2014 regulation, cl 52(9)

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

75. Identification of official stock zones
2014 regulation, cl 52(1)–(3)

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

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

76. Temporary stock zone signs
2014 regulation, cl 52(4), (6) and (7), 54 and 55

1. A person walking or grazing stock on or near a public road that is not a permanent stock zone must display a temporary stock zone sign.
   
   Maximum penalty—20 penalty units.

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

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

   Maximum penalty—20 penalty units.

3. The person must remove the temporary stock zone sign when the stock are no longer on or near a part of a public road that is not a permanent stock zone.
   
   Maximum penalty—20 penalty units.
    
4. A person must not, unless authorised by this part, remove, damage, deface, interfere with or affix anything to a stock zone sign.
   
   Maximum penalty—20 penalty units.
    
5. It is a defence to a prosecution for an offence under subsection (1) if it is proved that—
   • display of the sign was not necessary because the presence of the stock did not result in a reasonably foreseeable hazard to a person, animal or vehicle on the public road, or
   • failure to display the sign was due to circumstances beyond the control of, and could not reasonably have been foreseen by, the person in charge of the stock.

77. Identification of stock zones by occupiers of land
2014 regulation, cl 52(5), (6) and (8)

1. An occupier of land that is normally walked or grazed by stock must identify the part of an unfenced public road that passes through the land as a temporary stock zone by displaying a stock warning sign at the entry point to the zone.
   
   Maximum penalty—20 penalty units.
    
2. The sign must be displayed a reasonable distance from the point at which the driver of a vehicle is likely to encounter stock on the road.

78. Stock zone sign requirements
2014 regulation, cl 51 and 102

1. A stock zone sign displayed under section 76 or 77 must be of a type, or display the particulars, approved by Local Land Services.
2. A stock zone sign of a type, or displaying the particulars, required by the Rural Lands Protection Regulation 2010, as in force immediately before its repeal, is taken to be a stock zone sign that complies with subsection (1).

79. Authority to display stock zone signs
2014 regulation, cl 56

1. If a person with an obligation under section 76 or 77 to display a stock zone sign fails to display the sign, the sign may be displayed by—
   • a roads authority, or
   • a person acting under the authority of a roads authority.
2. A person must not display a stock zone sign unless authorised to do so under this part. 
   
   Maximum penalty—20 penalty units.

80. Directions to remove temporary stock zone signs
2014 regulation, cl 57

1. If Local Land Services considers that a sign displayed under section 76 or 77 does not relate to stock on or near a road, Local Land Services may—
   • remove the sign, or
   • direct the person who displayed the sign to remove the sign within a specified time.
2. A person given a direction under this section must comply with the direction.
   
   Maximum penalty—10 penalty units.

81. Owners of stock must use stock zones to avoid road risk
2014 regulation, cl 53(2)

A person who owns or has charge of stock that are being walked or grazed on or near a public road must—

• ensure the stock are in a stock zone if it is reasonably foreseeable that the stock may pose a risk to a person, animal or vehicle on the road, and
• ensure, as far as reasonably practicable, that the stock do not pose a hazard to a person, animal or vehicle on the road.

Maximum penalty—20 penalty units.

82. Drivers must give way to stock in stock zones
2014 regulation, cl 53(3)

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

Maximum penalty—20 penalty units.

Division 3 Use of public roads and travelling stock reserves

83. Authorised use of public roads—the Act, s 73(2)
2014 regulation, cl 59

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

• the stock are being walked or grazed at the rate of travel required by section 94(1) and
• one of the following applies—
  • the stock are camels or horses being ridden or led in daylight,
  • the stock are drawing, or being led by, a vehicle in daylight,
  • the person is moving the stock in an emergency,
  • the person is moving the stock, in daylight, from a part of a holding that is separated from another part of the holding only by the road,
  • the person is moving dairy cows—
    • between sunset and sunrise, and
    • from a part of a holding that is separated from another part of the holding only by the road, and
    • for the shortest practicable distance,
  • the person is authorised to walk or graze the stock under the Crown Land Management Act 2016 or another Act or law.

84. Authorised recreational use of travelling stock reserves—the Act, s 74(1)
2014 regulation, cl 62

1. The following recreational activities are prescribed—
   • walking, running and other kinds of individual exercise,
   • cycling,
   • swimming,
   • fishing,
   • camel or horse riding,
   • picnicking.
2. This section does not apply—
   • to a part of a travelling stock reserve in a stock watering place or the Western Division, or
   • if Local Land Services has made a closure order under the Act, section 70(1)(b) for the part of the travelling stock reserve being used.

85. Control of stock—the Act, s 206(2)(g) and (i)
2014 regulation, cl 53(1), 58 and 64

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

   • pose a risk to the general public or other animals, or
   • cause damage to adjacent property. 

   Maximum penalty—20 penalty units.

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

   Maximum penalty—20 penalty units.

86. Signs—the Act, s 206(2)(i)

1. Local Land Services may erect a sign on a travelling stock reserve to inform users of the stock reserve of activities that are prohibited under the Act, this regulation or another law.
2. A person must not, without reasonable excuse, remove, damage or interfere with a sign erected under this section.
   
   Maximum penalty—10 penalty units.

87. Offences on travelling stock reserves—the Act, s 206(2)(i)
2014 regulation, cl 61, 63, 66 and 75

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

   Maximum penalty—20 penalty units.

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

   Maximum penalty—20 penalty units.

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

   Maximum penalty—20 penalty units.

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

   Maximum penalty—

   • for an animal carcass—50 penalty units for the first animal carcass and a further penalty of 5 penalty units for each additional carcass, or
   • otherwise—50 penalty units.

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

   • use water provided on the reserve for stock or stock management,
   • divert, or interfere with the natural flow of, water on the reserve,
   • swim or bathe in a water tank or dam on the reserve,
   • light a fire in the reserve—
     • if there is a sign prominently displayed in, or near the entrance to, the reserve prohibiting the lighting of the fire, or
     • except in an area designated for the lighting of fires by a sign referred to in subparagraph (i).

   Maximum penalty—10 penalty units.

88. Directions from authorised officers—the Act, s 206(2)(i)
2014 regulation, cl 70

1. An authorised officer may direct a person the authorised officer reasonably suspects is committing or has committed an offence against the Act or this regulation on a travelling stock reserve to leave the reserve.
2. The person must not, without reasonable excuse, fail to comply with the direction given to the person.
   
   Maximum penalty—5 penalty units.

89. Duty of occupiers of adjoining land to prevent damage—the Act, s 206(2)(i)
2014 regulation, cl 65

1. This section applies to an occupier of land adjoining an unfenced public road or travelling stock reserve who is given at least 24 hours notice by a person who owns or has charge of travelling stock that the stock will be walked or grazed on the road or reserve.
2. The occupier must take all reasonably practicable steps to prevent the stock from causing damage to the land or anything on the land.

90. Interest on fencing work costs—the Act, s 97(2)(c)
2014 regulation, cl 76

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

Division 4 Stock permits and reserve use permits

91. Applications for permits—the Act, s 79(1)
2014 regulation, cl 71(1)–(3) and (4A)

1. An application for a permit may be made—
   • orally, or
   • in the approved form.
2. An applicant who makes an oral application must confirm the application in writing if directed to do so by Local Land Services.
3. An application for a stock permit must be made at least 2 working days before the stock walk or graze on, or are transported onto, the public road or travelling stock reserve, unless Local Land Services otherwise agrees.
4. If the fee for a stock permit that solely authorises a person to graze stock on a controlled travelling stock reserve is determined by an acquisition process, only the person who is successful in the acquisition process is taken to have made an application for the permit.

92. Application fees—the Act, s 79(2)
2014 regulation, cl 71(4), (4B) and (5) and 72

1. For the Act, section 79(2)(c) and (d)(ii), the following fees are prescribed—
   • for small stock—$1 per day for each 10 or fewer animals,
   • for horses and camels—$2 per day for each animal,
   • for cattle or deer—$1 per day for each animal.
2. Local Land Services must not determine a fee for a permit by an acquisition process unless satisfied the process is fair and reasonable.
3. For the Act, section 79(2)(e), the prescribed fee is $20 per year.
4. Local Land Services may refund a fee or part of a fee paid for a permit if the permit is cancelled or suspended.

93. Permit conditions—requests by authorised officers—the Act, s 83(1)
2014 regulation, cl 73

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

• produce the permit for inspection if requested by an authorised officer, and
• comply with a reasonable request made, or direction given, by an authorised officer.

94. Permit conditions—rate of travel—the Act, s 83(1)
2014 regulation, cl 74

1. It is a condition of a stock permit authorising a person to walk stock on a public road or travelling stock reserve on a journey of more than 24 hours that the stock travel at least 10km each day (the required rate of travel) toward the destination recorded on the permit.
2. The holder does not contravene the condition if—
   • the stock are prevented from travelling at the required rate of travel because of bad weather, fire, flood or another unforeseeable circumstance, or
   • the holder has—
     • been given approval to travel at a slower rate under this section, and
     • paid the fee for the approval specified in this section.
3. An authorised officer may approve travel at a slower rate, for all or some of the stock, if the authorised officer considers it appropriate.
4. The approval may be given subject to conditions specified by the authorised officer.
5. The authorised officer must record details of the approval, including any conditions, on the relevant permit.
6. The fee payable for the approval is—
   • for small stock—$4 per day for each 100 or fewer animals, and
   • for large stock—$4 per day for each 10 or fewer animals.
7. An authorised officer may order that stock unfit to travel at the required rate of travel be culled.
8. The holder in charge of the stock ordered to be culled must ensure the stock are immediately removed from the relevant public road or travelling stock reserve.
   
   Maximum penalty—10 penalty units.

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

95. Notice of pesticide or chemical application—the Act, s 100(1)
2014 regulation, cl 67

1. Notice that a pesticide or chemical is about to be applied to a controlled travelling stock reserve must be given by a warning sign that is prominently displayed in, or near the entrance to, the reserve before the pesticide or chemical is applied.
2. The warning sign must continue to be prominently displayed in, or near the entrance to, the reserve for at least—
   • if a sign is required to be displayed by a pesticide control order in force under the Pesticides Act 1999 or a permit in force under the Agvet Code of New South Wales—the minimum period specified in the order or permit, or
   • otherwise—the period determined by Local Land Services.
3. In making a determination under subsection (2)(b), Local Land Services must take into account a withholding period specified for the pesticide or chemical in a label registered or approved under the Pesticides Act 1999 or the Agvet Code of New South Wales.
4. A warning sign displayed under this section must—
   • be weatherproof, and
   • contain a prominent warning that the pesticide or chemical is about to be, or has been, applied to the controlled travelling stock reserve.

96. Notice of diseased travelling stock—the Act, s 101(1)
2014 regulation, cl 68

1. Notice must be given by—
   • publishing the notice in a way Local Land Services is satisfied is likely to bring the notice to the attention of the general public in the relevant region, and
   • including in all relevant stock permits a notice that stock infected with a specified disease were walked or grazed on the road or reserve during the period specified.
2. A published notice must—
   • specify the disease the stock were infected with, and
   • state that stock infected with the disease were walked or grazed on the road or reserve during the period specified.
3. In this section—
   relevant stock permit means a stock permit issued by Local Land Services authorising a person to walk or graze susceptible stock on the road or reserve.
   
   susceptible stock means stock that Local Land Services knows, or ought reasonably to know, are susceptible to the specified disease.

97. Impounding bees and beehives—the Act, s 102(2) and (3)
2014 regulation, cl 69

1. Bees or beehives may be impounded in accordance with this section by an authorised officer.
2. The authorised officer may keep the impounded bees or beehives—
   • on the controlled travelling stock reserve, or
   • at a place owned or under the control of Local Land Services, or
   • on other land with the permission of the owner of the land.
3. The authorised officer must, as soon as practicable after taking possession of the bees or beehives, make all reasonable inquiries to obtain the name and address of the person who owns the bees or beehives.
4. The authorised officer must inform Local Land Services of the name and address of the owner, if known.
5. Local Land Services must give an owner whose name and address is known written notice that, unless claimed within a specified period after the notice is given, the impounded bees or beehives will be sold or otherwise disposed of.
6. The specified period must be at least 7 days.
7. Local Land Services may sell or otherwise dispose of the impounded bees or beehives—
   • if the name and address of the owner is not known—7 days or more after the authorised officer takes possession of the bees or beehives, or
   • if notice is given to the owner under subsection (5) and the bees or beehives have not been claimed—after the end of the specified period.
8. Local Land Services must release the impounded bees or beehives to a person Local Land Services is satisfied is the owner, or is authorised to claim the bees or beehives on the owner’s behalf, if the person—
   • claims the bees or beehives within the specified period, and
   • pays the prescribed impounding fee.
9. The prescribed impounding fee is $200.

98. Notice of exemption or cancellation of exemption—the Act, s 105(4)
2014 regulation, cl 77

1. Local Land Services must give notice of an exemption or the cancellation of an exemption—
   • for the exemption of a named person—by giving the person written notice of the exemption or cancellation, or
   • for the exemption of a class of persons—by publishing a notice of the exemption or cancellation—
     • in the Gazette, and
     • in a way Local Land Services is satisfied is likely to bring the notice to the attention of the general public in the relevant region.
2. If the exemption or cancellation applies to 2 or more occupiers of the same land, notice given to 1 of the occupiers is taken to have been given to all occupiers.

Part 8 Stock watering places

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

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

• Stock Watering Place No. 19, known as Nullamut Tank,
• Stock Watering Place No. 27, known as Nymagee Tank,
• Stock Watering Place No. 927, known as Elouera Tank.

100. Maximum lease period—the Act, s 111(2)
2014 regulation, cl 78

The prescribed period is 15 years.

101. Supply of water—the Act, ss 112(a) and 206(2)(a) and (j)
2014 regulation, cl 79

1. For the Act, section 112(a), the following classes of persons who have paid the relevant fee are prescribed—
   • persons requiring water for household purposes,
   • persons requiring water for human use, including washing and food preparation, in connection with a commercial purpose,
   • drivers of vehicles that require water to operate,
   • government agencies and local authorities that have obtained the approval of the relevant controlling authority to use water from the stock watering place in the construction, improvement or maintenance of public roads.
2. For the Act, section 112(a), the following classes of stock are prescribed, if the relevant fee has been paid by or for the person responsible for the stock—
   • horses accompanied by riders,
   • travelling stock that are the subject of a stock permit,
   • travelling stock that are the subject of an order, biosecurity direction or permit under the Biosecurity Act 2015,
   • stock that are being agisted by the lessee of a stock watering place in accordance with the terms of the lease.

3. In this section—
   household purposes—

   • includes protection from fire, and
   • excludes gardening, window cleaning and other external household purposes.

   relevant fee means the fee—

   • determined by and published on the website of the controlling authority, and
   • not exceeding the maximum fee determined by and published on the website of Local Land Services.

102. Offence to obtain water if level low—the Act, s 206(2)(j)
2014 regulation, cl 80

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

• not take water from the water storage works, and
• take all reasonable steps to prevent stock in the person’s charge from drinking water from the water storage works.

Maximum penalty—10 penalty units.

Part 9 Transportation of stock

103. Animals declared to be stock—the Act, s 118
2014 regulation, cl 82

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

• goats,
• horses,
• Antilope cervicapra, commonly known as blackbuck,
• Bison bison, commonly known as American bison, plains bison, wood bison, woodland bison or buffalo,
• Bos javanicus, commonly known as banteng or tembadau,
• Bubalus bubalis, commonly known as Asian water buffalo, domestic water buffalo or water buffalo,
• Camelus dromedarius, commonly known as Arabian camel, dromedary, dromedary camel or one-humped camel,
• Lama guanicoe, commonly known as guanaco,
• farmed deer of the following species—
  • Axis axis, commonly known as chital deer,
  • Axis porcinus, commonly known as hog deer,
  • Cervus elaphus, commonly known as red deer,
  • Dama dama, commonly known as fallow deer,
  • Rusa timorensis, commonly known as rusa deer,
  • Rusa unicolor, commonly known as sambar deer.

104. Stock transportation particulars—the Act, s 119(1)(h)
2014 regulation, cl 83

The following particulars are prescribed—

• the name and telephone number of the individual in charge of the stock during transportation,
• the registration number of each vehicle used to transport the stock.

105. Exceptions to restrictions on transport of stock by vehicle on road—the Act, s 120(5)(d)
2014 regulation, cl 84

The following circumstances are prescribed—

• the transport of racehorses or harness racing horses,
• the transport of working horses,
• the transport of horses to or from an agricultural show, exhibition, gymkhana, pony club meeting or other similar event.

Part 10 Miscellaneous

106. Tenure bonds—the Act, ss 57 and 206(2)(a)
2014 regulation, cl 27

1. A government agency that grants short tenure of Crown land must notify Local Land Services as soon as practicable after granting the tenure.
2. The grantee must, within 14 days after the tenure commences, give Local Land Services notice in the approved form, accompanied by a tenure bond.
   Maximum penalty—20 penalty units.
3. The tenure bond must be for the reasonable amount determined by Local Land Services.
4. At the end of the tenure, Local Land Services—
   • may take money from the tenure bond for unpaid rates, charges and other amounts owed to Local Land Services by the grantee for the relevant Crown land, and
   • must refund the balance to the grantee.

5. In this section—
   grantee means a person granted short tenure of Crown land.

   short tenure, of Crown land, means—

   • a lease of the land from the Crown for a term of no more than 3 years, or
   • a licence for the land from the Crown.

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

107. Unattended stock—the Act, s 115(b)
2014 regulation, cl 81

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

• because of an emergency preventing the person in charge of the stock from attending the stock, or
• while the person in charge of the stock is moving a stock warning sign or taking other action necessary for the wellbeing of the stock or required by law.

108. Identification cards for authorised officers—the Act, s 169(4)(f)
2014 regulation, cl 87

The prescribed person is—

• for an authorised officer appointed by Local Land Services—the Chair of Local Land Services or the Chair’s delegate, or
• for an authorised officer appointed by the Minister—the Minister or the Minister’s delegate, or
• for an authorised officer appointed by the Secretary—the Secretary or the Secretary’s delegate.

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

1. Each offence created by a provision specified in Schedule 3 is an offence for which a penalty notice may be issued and the amount payable for the penalty notice is the amount specified opposite the provision.
2. If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
   • the limited kind of offence, or
   • an offence committed in the limited circumstances.

110. Certificates relating to rates, charges and other matters—the Act, s 203
2014 regulation, cl 99

1. For the Act, section 203(1)(c) a person may apply to Local Land Services for a certificate about the following—
   • whether Local Land Services has made orders under the Act in relation to certain land,
   • whether an authority under either of the following Acts, as in force immediately before its repeal, has made orders under that Act in relation to certain land—
     • the Rural Lands Protection Act 1998,
     • the Catchment Management Authorities Act 2003,
   • whether the annual returns required to be lodged in relation to certain land for the current and preceding year have been lodged,
   • whether orders made under the Stock Diseases Act 1923 or the Stock (Chemical Residues) Act 1975 in relation to certain land are, despite the repeal of those Acts, still in force, and, if so, the details of the orders.
2. For the Act, section 203(2), the prescribed fee is—
   • for an application for a certificate relating to catchment contributions—the approved fee for a certificate issued under the Local Government Act 1993, section 603 for the land, or
   • otherwise—$60.

111. Certificates relating to animals—the Act, s 206(2)(m)
2014 regulation, cl 104

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

112. Savings

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

Schedule 1 Local board elections

Section 5, 
2014 regulation, Schedule 1

Part 1 Preliminary

1. Definitions

In this schedule—

board election means an election for 1 or more members of a local board.

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

nominee means an individual who—

• is at least 18 years of age, and
• is nominated by the ratepayers for a holding to vote on the ratepayers’ behalf.

roll means the roll prepared under section 3.

voter means a person who has cast a vote.

2. Returning officer

1. Local Land Services must appoint a returning officer to conduct the election for each region.
2. An individual may be appointed as returning officer for the election for more than one region.
3. When conducting an election, the returning officer may determine a matter that is not otherwise provided for by the Act or this regulation.
4. The returning officer may delegate a function, other than this power of delegation, to a person who is not a candidate in the election.

3. Roll

1. The returning officer for each election must prepare a roll of ratepayers containing the following—
   • the ratepayer’s name and postal address,
   • if the ratepayer has consented to receiving election notices and other documents by email—the ratepayer’s email address.
2. The returning officer must make the roll available for inspection at no cost for a minimum of 42 days before the close of the ballot.
3. A ratepayer may, not less than 14 days before the close of the ballot, notify the returning officer of an error in the ratepayer’s entry in the roll.

Part 2 Voting entitlements

4. Who may vote in an election

1. The following persons may vote in an election—
   • if there is a single ratepayer for a holding—
     • if the ratepayer is an individual who is at least 18 years of age—the ratepayer, or
     • otherwise—a nominee,
   • if there are 2 or more ratepayers for a holding—a nominee.
2. An individual may vote as a nominee for more than one holding.

5. Ratepayers with more than one holding

1. If a ratepayer, or a group of 2 or more ratepayers, occupy 2 or more holdings, that ratepayer or group, or an individual authorised by them, may only cast one vote in the election regardless of the number of holdings.
2. Subsection (1) does not prevent an individual from also voting on one or more occasions as the nominee of ratepayers for holdings of which the individual is not a ratepayer.

Part 3 Conduct of elections

Division 1 Preliminary

6. General election

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

7. Delayed election

1. If, in the Minister’s opinion, it would be impractical or inconvenient to hold a general election as required by section 6, the Minister may, by order published in the Gazette, appoint a later day by which a general election must be held.
2. If a later day is appointed, the retiring elected members continue in office until the result of the election held on that day is determined, and if an elected member resigns in the meantime, the office is vacant until the result is determined.

8. Notice of election

1. As soon as practicable after it is determined that an election is due to be held, Local Land Services must notify the returning officer that an election is due.
2. As soon as practicable after being notified that an election is due, the returning officer must give notice that an election will be held—
   • by publishing a notice, in a way approved in writing by Local Land Services, on a website maintained by Local Land Services, and
   • by displaying the notice—
     • in a prominent place in the office of the local board, or
     • on a community notice board at a public place within the region, and
   • in the other ways the returning officer considers appropriate.
3. In addition to specifying that an election will be held, the notice must state the following—
   • the region involved,
   • the number of members to be elected,
   • that nominations are called for and the closing date for nominations,
   • where the roll may be inspected,
   • the date for the close of the ballot,
   • how and when a voting pack for the election may be obtained.

Division 2 Candidates

9. Nomination

1. A person who is eligible to be elected as a member of a local board may nominate a candidate, including themselves, for election to the board.
   Note— This regulation, section 7 sets out eligibility criteria for nomination.
2. A nomination must—
   • be made in the way and the form approved by the returning officer, and
   • be lodged with the returning officer before the close of nominations, and
   • include the following—
     • the candidate’s name,
     • the candidate’s residential address,
     • other relevant information required by the returning officer,
     • a statement signed by the candidate that the candidate—
       • consents to the nomination, and
       • consents to the information in the nomination being used by the returning officer to compile a candidate information sheet, and
       • is at least 18 years of age.
3. Each candidate must be nominated in a separate nomination.

10. Receipt and processing of nominations

1. On receipt of a nomination, the returning officer must—
   • sign the nomination, and
   • endorse the nomination with the date and time of receipt.
2. The returning officer must reject a nomination that does not comply with section 9.
3. The returning officer must notify a candidate whether the candidate’s nomination has been accepted or rejected—
   • as soon as practicable after the nomination is received, and
   • before the first voting pack for an election is given under section 13.
4. A candidate may, by written notice signed by the candidate, withdraw or decline a nomination at any time before the close of nominations.

11. Candidate information sheet

1. The returning officer must, using the information given by each candidate, prepare a candidate information sheet.
2. The returning officer may omit or, with the consent of the candidate, correct information submitted by the candidate that the returning officer considers to be—
   • false or misleading, or
   • inappropriate for inclusion in the candidate information sheet.
3. The names of the candidates must be listed on the candidate information sheet in the same order as they are listed on the ballot paper for the election.

12. Death of a candidate

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

• the returning officer must publish notice of the death, in a way approved in writing by Local Land Services, on a website maintained by Local Land Services, and
• if there are no other eligible candidates, any functions taken by the returning officer under this part are of no effect and must be taken again.

Division 3 Voting pack

13. Obtaining voting pack

1. The returning officer must give a voting pack to a person who—
   • may vote in the election, and
   • requests a pack.
2. The voting pack must be given to the person as follows—
   • if the person has consented to receiving notices and other documents by email or requests an electronic voting pack—electronically,
   • otherwise—by post.

14. Content of voting pack

1. If a voting pack is given to a person by post, the returning officer must include the following in the voting pack—
   • a candidate information sheet that complies with section 11,
   • a declaration form that complies with section 15,
   • a ballot paper that complies with section 16,
   • instructions, that comply with section 17 for voting by mail,
   • instructions, that comply with section 18 for voting electronically,
   • an envelope marked “Ballot Paper”,
   • a prepaid envelope addressed to the returning officer.
2. If a voting pack is given to a person electronically, the returning officer must include the following in the voting pack—
   • a candidate information sheet that complies with section 11,
   • a declaration form that complies with section 15,
   • a ballot paper that complies with section 16,
   • instructions, that comply with section 18 for voting electronically.

15. Declaration form

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

• the person’s name,
• that the person is an individual who is at least 18 years of age,
• that the person is a ratepayer, or the nominee of a ratepayer, of a holding in the region consisting wholly or partly of rateable land,
• if the person is voting in the person’s capacity as a ratepayer—that the person has not yet voted in the election in the person’s capacity as a ratepayer.

16. Ballot paper

1. A ballot paper must contain the names of the candidates for the election arranged in an order determined by the returning officer by drawing lots.
2. A ballot paper must contain a box opposite and to the left of the name of each candidate.

17. Instructions for voting by mail

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

• the date for the close of the ballot,
• instructions on how to cast a valid vote,
• that to vote in the election the person must—
  • complete the declaration form, and
  • mark the ballot paper next to the name of the person’s preferred candidates, not being more than the number of persons to be elected in the election, and
  • seal the ballot paper in the envelope marked “Ballot Paper”, and
  • seal the declaration form and envelope marked “Ballot Paper” in the prepaid envelope addressed to the returning officer, and
  • send the prepaid envelope by post, or deliver it to the returning officer, so that the returning officer receives it no later than the date for the close of the ballot,
• other information the returning officer considers appropriate.

18. Instructions for voting electronically

The instructions for voting electronically must include the following information—

• the date and time for the close of the ballot,
• the internet address of the voting website,
• the name of the person as it appears on the roll and the password required to enable the person to access the voting website,
• instructions on how to cast a valid vote,
• that to vote in the election the person must—
  • complete and submit the electronic declaration form, and
  • mark the electronic ballot paper next to the name of the person’s preferred candidates, not being more than the number of persons to be elected in the election, and submit the electronic ballot paper,
• other information the returning officer considers appropriate.

Division 4 Ballot

19. Uncontested elections

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

20. Contested elections

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

21. Conduct of ballot

The returning officer must conduct a ballot by—

• notifying ratepayers—
  • that a ballot must be held, and
  • how and when a voting pack may be obtained, and
• giving a voting pack to each person who may vote in the election who requests a pack, and
• requiring persons who wish to submit a vote in the election to do so by prepaid envelope or electronically.

22. Electronic voting

1. The returning officer must ensure computer and internet facilities for electronic voting are available free of charge at the office of the local board.
2. The returning officer may make additional arrangements for electronic voting.
3. The voting website must give a warning message if there are errors on a voter’s declaration form or ballot paper.

Division 5 Election results

23. Determining result

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

24. Scrutineers

1. Each candidate may nominate one person to be a scrutineer at the election.
2. At least one scrutineer, whether nominated by a candidate or otherwise, must be present during the initial scrutiny and count for the election.
3. A candidate must not act as a scrutineer.

25. Initial scrutiny—prepaid envelopes

1. At the close of the ballot for an election, the returning officer must, in the presence of the scrutineers who are present—
   • examine the contents of the prepaid envelopes and reject as informal those that, in the returning officer’s opinion, do not comply with the requirements of this schedule, and
   • initial the backs of the remaining ballot papers, and
   • count the remaining ballot papers.
2. A ballot paper is informal if—
   • the voter has failed to record a vote in the way directed on the ballot paper, or
   • the back of the ballot paper has not been initialled by the returning officer.
3. Despite subsection (2), if, in the returning officer’s opinion, the voter’s intention is clearly indicated on a ballot paper, the ballot paper is not informal merely because—
   • the ballot paper contains an unnecessary mark, or
   • the number of candidates the voter has recorded a vote for is fewer than the number to be elected in the election.

26. Initial scrutiny—electronic votes

1. At the close of the ballot for an election, the returning officer must, in the presence of the scrutineers who are present, review all electronic declaration forms and ballot papers for the electronic ballot.
2. An electronic vote is informal if—
   • the voter has not indicated a clear preference for at least one candidate, or
   • the vote does not, in the returning officer’s opinion, comply with the requirements of this schedule.
3. Each informal electronic vote must be recorded by the voting website as an informal vote and the voting website must count the formal electronic votes.
4. An electronic vote is not informal merely because the number of candidates the voter has recorded a vote for is fewer than the number to be elected in the election.

27. Count

1. After the initial scrutiny at an election, the returning officer must—
   • count the prepaid envelope votes and electronic votes recorded for each candidate, and
   • count the informal votes, and
   • determine the result of the count, and
   • inform the persons present of the result of the count.
2. The candidates with the most votes are taken to be elected.
3. If 2 candidates receive an equal number of votes, the candidate taken to be elected is the candidate whose name is drawn from a lot containing the name of each of the 2 candidates.

28. More than 1 ballot paper

1. If the returning officer receives more than 1 ballot paper from a ratepayer, or more than 1 ballot paper for a holding, the returning officer must compare the ballot papers.
2. If the ballot papers are—
   • consistent—the returning officer must count 1 ballot paper only, or
   • inconsistent—the returning officer must reject the ballot papers.

29. Recount

1. A candidate who is present when the returning officer declares the result of the count at an election may request a recount of the ballot papers.
2. If a request is made by a candidate who is present at the declaration, the returning officer must have the papers scrutinised and counted again and must inform the persons present of the result of the recount.

30. Declaration of result

1. As soon as practicable after counting the votes in an election, the returning officer must notify Local Land Services, in writing, of the candidate or candidates elected.
2. The returning officer must cause notice of the candidate or candidates elected in the election to be published in one or both of the following ways—
   • on the Local Land Services website,
   • in a way approved in writing by Local Land Services having regard to the object of bringing notices of that kind to the attention of members of the public in the relevant region.

Division 6 Disputes

31. Disputing election

1. A person who is dissatisfied with the following may dispute the election—
   • the conduct of the election,
   • a decision of a returning officer under this schedule, other than—
     • a decision about preparation of the roll under section 3, or
     • a decision about accepting or rejecting a ballot paper under section 28.
2. An application must—

• be made to the Land and Environment Court, and
• set out the facts relied on to dispute the election, and
• be made within 28 days after the returning officer has publicly declared the result of the election.

32. Powers of Land and Environment Court

In determining an application under this division, the Land and Environment Court has the powers conferred on the Court of Disputed Returns by the Electoral Act 2017, section 225.

33. Right of returning officer to be represented

The returning officer is entitled to be represented at the hearing of an application under this division.

34. Procedure

1. The procedure of the Land and Environment Court when hearing an application under this division must be determined by rules of court, or in the absence of rules of court, by the Court or a judge of the Court.
2. The Land and Environment Court is not bound by the rules of evidence and may inform itself on a matter in the way it thinks fit.

Division 7 Offences

35. Misconduct in voting

A person must not—

• vote, or attempt to vote, in an election more times than a person’s voting entitlement allows, or
• vote, or attempt to vote, in an election in which the person is not entitled to vote, or
• make a false or misleading statement—
  • to the returning officer in connection with an election, or
  • in a document that the person furnishes for the purposes of an election.

Maximum penalty—10 penalty units.

36. Obstruction of electoral officials

A person must not abuse, hinder or obstruct the returning officer or a scrutineer in the exercise of a function under this schedule.

Maximum penalty—10 penalty units.

37. Misconduct by scrutineers

1. A scrutineer must not—

   • interfere with or influence a person in an election, or
   • at the counting of a ballot, communicate with a person unless necessary for the scrutineer’s functions.

   Maximum penalty—10 penalty units.

2. A scrutineer must obey the lawful directions of the returning officer. 
   
   Maximum penalty—10 penalty units.

38. Breach of secrecy

If the returning officer or a scrutineer knows how a voter has voted in an election, the returning officer or scrutineer must not disclose that information.

Maximum penalty—10 penalty units.

39. Stuffing ballot boxes

A person must not place in a ballot box anything other than a ballot paper and envelope lawfully issued to the person.

Maximum penalty—10 penalty units.

40. Bribery

A person must not, in relation to an election, do a thing set out in the Electoral Act 2017, section 209.

Maximum penalty—10 penalty units.

41. Intimidation

A person must not, in relation to an election, do a thing set out in the Electoral Act 2017, section 210.

Maximum penalty—10 penalty units.

Part 4 Miscellaneous

42. Decisions of returning officer final

If the returning officer is permitted or required by this regulation to make a decision on a matter relating to the taking of a ballot in an election, the decision of the returning officer on the matter is final.

43. Election materials

1. After the results of an election are declared, the returning officer must—
   • parcel the marked and unmarked ballot papers, the roll and other papers or envelopes used in the election, and
   • seal, endorse and sign each parcel and allow any scrutineers present to watch the returning officer carry out those actions and countersign the parcel, and
   • securely store the parcels, and electronic files relating to the election, for 12 months after the election.
2. The returning officer must allow inspection of stored election materials—
   • at the direction of a court, or
   • if authorised or required by law.

Schedule 2 Category 2-regulated land

Section 50(3), 
2014 regulation, cl 113(1)

1. Land containing groundcover other than grasslands or low conservation value groundcover.
2. Land containing native vegetation that must be retained under a condition of an authorisation for a plantation or proposed plantation under the Plantations and Reafforestation Act 1999.
3. Land containing low conservation value grasslands beneath the canopy or drip line of woody vegetation.
4. Land that is required, by a condition of a development consent or approval granted under the Environmental Planning and Assessment Act 1979 and of which the Environment Agency Head has been notified, to be set aside—
   • for conservation, or
   • for re-vegetation of native vegetation, or
   • under the biodiversity offset scheme established under the Biodiversity Conservation Act 2016, Part 6.
5. Land that is, or has been, the subject of a relevant private native forestry plan.
6. Land that is the subject of a conservation agreement within the meaning of the National Parks and Wildlife Act 1974.
7. Land that was, immediately before the repeal of the Native Vegetation Act 2003, the subject of a property vegetation plan, within the meaning of that Act, that required the land to be conserved or made provision for public funding to improve biodiversity on the land.
8. Land that was, immediately before the repeal of the Native Vegetation Conservation Act 1997, the subject of a property agreement registered in accordance with that Act, section 44.
9. Land that was, immediately before the repeal of the Nature Conservation Trust Act 2001, the subject of a Trust agreement within the meaning of that Act.
10. Land identified by the Environment Agency Head as containing old-growth forests or rainforests, based on mapping undertaken for a Comprehensive Regional Assessment under the National Forest Policy Statement, as agreed between the Commonwealth, State and Territory governments in December 1992, but excluding land containing native vegetation that does not meet the criteria for old-growth forests or rainforests published jointly by the Minister for Agriculture and the Minister for the Environment.
11. Land that is a Southern Mallee private reserve.
12. Land, other than land in the Western Division, that is a travelling stock reserve.

Schedule 3 Penalty notice offences

Section 109,
2014 regulation, cl 88 and Schedule 2 

Offences under the Act

Offences under this regulation

Schedule 4 Dictionary

Section 3,

acquisition process, for Part 7—see section 73(1). 

application, for Part 6, Division 4—see section 65. 

Authority, for Part 4—see section 27.

board election, for Schedule 1—see Schedule 1, section 1.

catchment contribution area, for Part 4—see section 27. 

charging year, for Part 4—see section 27.

close of the ballot, for Schedule 1—see Schedule 1, section 1.

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

district has the same meaning as in the former RLP Act.

former RLP Act has the same meaning as in the Act, Schedule 6, Part 2.

intensive livestock production means the keeping for commercial purposes of stock that are wholly or substantially fed prepared or manufactured feed, except temporary feeding during, and as a result of, drought, fire, flood or similar emergency.

low conservation value grassland means grassland determined to be low conservation value grassland by a relevant determination.

low conservation value groundcover means groundcover, other than grassland, determined to be low conservation value groundcover by a relevant determination.

nominee, for Schedule 1—see Schedule 1, section 1.

notional carrying capacity, for a holding, means the number of stock Local Land Services has assessed may be kept on the holding under Part 3, Division 4.

owner, for Part 4—see section 27.

proportionate share, of a rate, contribution or other amount, means the share that is proportionate to the person’s interest in the land for which the amount is payable.

public road, for Part 7—see section 73(1).

relevant date, for Part 5—see section 42.

relevant determination means a determination made in accordance with the Interim Grasslands and other Groundcover Assessment Method published by the Minister for the Environment in the Gazette on 25 August 2017.

relevant private native forestry plan means—

• a private native forestry plan within the meaning of the Act, Part 5B, or
• a private native forestry plan approved under the Forestry Act 2012, Part 5C, as in force immediately before its repeal, or
• a property vegetation plan approved under the Native Vegetation Act 2003, as in force immediately before its repeal, that authorised the clearing of native vegetation for forestry operations.

repeal date, for Part 4—see section 27. 

repealed Act, for Part 4—see section 27. 

roads authority, for Part 7—see section 73(1).

roll, for Schedule 1—see Schedule 1, section 1.

small stock means stock other than large stock.

Southern Mallee private reserve means land in the Balranald or Wentworth local government areas that, under a Western lands lease within the meaning of the Crown Land Management Act 2016, Schedule 3, must be conserved in perpetuity through—

• the prohibition of grazing, and
• active conservation management.

special purpose rate, for Part 3, Division 2—see section 12(3).

stock warning sign, for Part 7—see section 73(1).

stock zone, for Part 7—see section 73(1).

stock zone sign, for Part 7—see section 73(1).

the Act means the Local Land Services Act 2013. 

Tribunal means the Civil and Administrative Tribunal.

voter, for Schedule 1—see Schedule 1, section 1.