Pastoral Land Management and Conservation Regulations 2006

Version: 1.7.2018 [5.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 1 South Australia Pastoral Land Management and Conservation Regulations 2006 under the Pastoral Land Management and Conservation Act 1989 Contents 1 Short title 3 Interpretation 4 Prescribed percentage of net rental income for Fund 5 Other Acts to be complied with by lessees 6 Public access routes 7 Gates 8 Travelling stock 9 Lessee may give directions 10 Establishment of panel of experts for Tribunal 11 Directions relating to access to water for travelling stock 12 Compensation for taking water for mining etc Schedule 1—Fees Legislative history 1—Short title These regulations may be cited as the Pastoral Land Management and Conservation Regulations 2006. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Pastoral Land Management and Conservation Act 1989. 4—Prescribed percentage of net rental income for Fund For the purposes of section 9(2)(a) of the Act, the prescribed percentage is 10 per cent. 5—Other Acts to be complied with by lessees For the purposes of section 22(1)(a)(v)(G) of the Act, the following Acts are prescribed: (a) the National Parks and Wildlife Act 1972; (b) the Native Vegetation Act 1991; (c) the Noxious Insects Act 1934. Pastoral Land Management and Conservation Regulations 2006—1.7.2018 2 This version is not published under the Legislation Revision and Publication Act 2002 [5.7.2018] 6—Public access routes (1) A person must not, without lawful authority or reasonable excuse, travel on or across a public access route while it is temporarily closed under section 45(7) of the Act. Maximum penalty: $1 250. (2) Subregulation (1) does not apply to the lessee on whose land the access route is situated, or to an agent or employee of such a lessee. 7—Gates A person who travels on a public access route must— (a) close any gate across the route that the person finds closed; and (b) leave open any gate that the person finds open. Maximum penalty: $1 250. 8—Travelling stock (1) For the purposes of section 46(1) of the Act, notice to the lessee— (a) must be given in writing at least 7 days before the stock are to enter the land; and (b) must set out the following particulars: (i) the number and type of stock; (ii) the place of origin and the destination of the stock; (iii) the proposed route; (iv) the proposed date of arrival of the stock on the land and date of departure from the land; (v) the name and address of each person who will be in charge of the stock; and (c) must be accompanied by a statutory declaration by a qualified veterinary surgeon that the stock are disease free. (2) If stock are to travel over pastoral land for the predominant purpose of obtaining feed from the land, the lessee must forward particulars of the travel arrangements to the Board. (3) For the purposes of section 46(2) of the Act, the rate of compensation for travelling with stock over pastoral land where the predominant purpose is to obtain feed for the stock from the land is as follows: (a) for sheep—5 cents per head per day; (b) for cattle—20 cents per head per day. 9—Lessee may give directions (1) A lessee or an agent or employee of a lessee may give to a person travelling across or camping on the lessee's land such directions as may be reasonably required for the purpose of preventing undue interference with the lessee's stock management practices. 1.7.2018—Pastoral Land Management and Conservation Regulations 2006 [5.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 3 (2) A person who, without lawful authority or reasonable excuse, fails to comply with such a direction is guilty of an offence. Maximum penalty: $1 250. 10—Establishment of panel of experts for Tribunal (1) For the purposes of section 50(3) of the Act, the following provisions apply in relation to the establishment of a panel of experts from which members of the Pastoral Land Appeal Tribunal will be drawn: (a) the panel must be constituted of not less than 2 persons, appointed by the Governor on the nomination of the Minister, from each of the fields of expertise considered by the Governor to be appropriate for the proper functioning of the Tribunal; (b) each person nominated by the Minister for appointment to the panel must be a person who has, in the opinion of the Minister, wide experience in land management; (c) a member of the panel is to be appointed for a term, not exceeding 3 years, determined by the Governor and specified in the instrument of appointment; (d) a member of the panel is entitled to such allowances and expenses as may be determined from time to time by the Governor; (e) the Governor may remove a member of the panel from office for— (i) misconduct; or (ii) neglect of duty; or (iii) incompetence; or (iv) failure to carry out satisfactorily the duties of his or her office; (f) the office of a member of the panel becomes vacant if the member— (i) dies; or (ii) completes a term of office and is not reappointed; or (iii) resigns by written notice addressed to the Minister; or (iv) is removed from office by the Governor under paragraph (e); (g) on the office of a member of the panel becoming vacant, a person must be appointed in accordance with this regulation to the vacant office. (2) A member of the panel who has a personal or a direct or indirect pecuniary interest in a matter before the Tribunal may not participate in the hearing of the matter. 11—Directions relating to access to water for travelling stock A person who, without reasonable excuse, fails to comply with a direction given by a lessee under section 59(1)(b) of the Act is guilty of an offence. Maximum penalty: $1 250. Pastoral Land Management and Conservation Regulations 2006—1.7.2018 4 This version is not published under the Legislation Revision and Publication Act 2002 [5.7.2018] 12—Compensation for taking water for mining etc For the purposes of section 59(3) of the Act, the rate of compensation payable to a lessee for water taken by the holder of a mining tenement other than water taken from a natural source solely by means of equipment or infrastructure supplied by the holder of the mining tenement is $1.00 per kilolitre. Schedule 1—Fees 1 Dealing with an application— (a) under section 28(1) of the Act for consent to transfer etc a lease or part of a lease— (i) for 1 lease or part of 1 lease $427.00 (ii) for each additional lease or part of each additional lease $201.00 (b) for a duplicate or amended consent under section 28(1) of the Act $30.75 2 Preparing— (a) a lease $562.00 (b) a surrender or resumption of a lease $336.00 (c) a surrender or resumption of part of a lease $562.00 (d) on the request of a lessee, a notice of alteration of boundaries under section 31 of the Act $284.00 (e) an agreement between a lessee and any other person or body for the acquisition or extinguishment of easement rights by that other person or body $284.00 3 Correcting on the register any error in particulars supplied by or on behalf of a lessee, purchaser or other party to a transaction $284.00 4 Preparing or checking a definition for a notice to be published in the Gazette under section 44 or 45 of the Act by the Board on request $295.00 5 Processing on request any other transaction under the Act (not being one in respect of which an application fee has been paid under these regulations—see item 1) $426.00 Note— The fees in this Schedule do not include LTO fees or stamp duty that may be payable. 1.7.2018—Pastoral Land Management and Conservation Regulations 2006 Legislative history [5.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 5 Legislative history Notes • Variations of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Pastoral Land Management and Conservation Regulations 2006 revoked the following: Pastoral Land Management and Conservation Regulations 1991 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2006 212 Gazette 31.8.2006 p3063 1.9.2006: r 2 2007 162 Gazette 7.6.2007 p2570 1.7.2007: r 2 2008 123 Gazette 5.6.2008 p2110 1.7.2008: r 2 2009 129 Gazette 4.6.2009 p2588 1.7.2009: r 2 2010 82 Gazette 10.6.2010 p2760 1.7.2010: r 2 2011 70 Gazette 9.6.2011 p2090 1.7.2011: r 2 2012 75 Gazette 31.5.2012 p2322 1.7.2012: r 2 2013 68 Gazette 6.6.2013 p2147 1.7.2013: r 2 2014 174 Gazette 19.6.2014 p2747 1.7.2014: r 2 2015 130 Gazette 18.6.2015 p2733 1.7.2015: r 2 2016 95 Gazette 23.6.2016 p2241 1.7.2016: r 2 2017 178 Gazette 22.6.2017 p2474 1.7.2017: r 2 2018 127 Gazette 21.6.2018 p2348 1.7.2018: r 2 2018 183 Gazette 28.6.2018 p2656 4.10.2018: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2007 Pastoral Land Management and Conservation Regulations 2006—1.7.2018 Legislative history 6 This version is not published under the Legislation Revision and Publication Act 2002 [5.7.2018] r 10 deleted by 183/2018 r 4 4.10.2018—not incorporated Sch 1 substituted by 162/2007 r 4 1.7.2007 substituted by 123/2008 r 4 1.7.2008 substituted by 129/2009 r 4 1.7.2009 substituted by 82/2010 r 4 1.7.2010 substituted by 70/2011 r 4 1.7.2011 substituted by 75/2012 r 4 1.7.2012 substituted by 68/2013 r 4 1.7.2013 substituted by 174/2014 r 4 1.7.2014 substituted by 130/2015 r 4 1.7.2015 substituted by 95/2016 r 4 1.7.2016 substituted by 178/2017 r 4 1.7.2017 substituted by 127/2018 r 4 1.7.2018 Sch 2 omitted under Legislation Revision and Publication Act 2002 1.7.2007 Historical versions 1.7.2007 1.7.2008 1.7.2009 1.7.2010 1.7.2011 1.7.2012 1.7.2013 1.7.2014 1.7.2015 1.7.2016 1.7.2017