Download Land Protection (Pest and Stock Route Management) Act 2002 PDF

TitleLand Protection (Pest and Stock Route Management) Act 2002
File Size894.0 KB
Total Pages186
Table of Contents
Chapter 1 Preliminary
Part 1 Introduction
	1 Short title
	2 Commencement
Part 2 Purpose and application of Act
	3 Main purpose of Act
	4 How purpose is achieved
	5 Act binds all persons
	6 Relationship with particular Acts
	7 Relationship with Dividing Fences Act
Part 3 Interpretation
	8 Definitions
Chapter 2 Pest management
Part 1 Principles of pest management
	9 Principles
Part 2 State pest management strategies and guidelines for managing pests
	10 State pest management strategies
	11 Preparing strategies
	12 Duration of strategies
	13 Implementing strategies
	14 Reviewing and renewing strategies
	15 Chief executive may prepare guidelines
	16 Strategies and guidelines to be available for inspection
Part 3 Plans for managing pests on State-controlled land, and pest management committee
	17 Plan for managing pests on State-controlled land
	18 Requirements of plan
	19 Duration of plan
	20 Plan to be available for inspection
	21 Establishment of pest management committee
	22 Functions of committee
	23 Membership
	24 Conduct of business
Part 4 Pest management plans for local government areas
	25 Local governments to have pest management plan
	26 Requirements of plan
	27 Preparing draft plan
	28 Notice of draft plan and consideration of public submissions
	29 Minister to consider draft plan
	30 Adopting plan
	31 Duration of plan
	32 Implementing plan
	33 Reviewing and renewing plan
	34 Amending plan
	35 Plan to be available for inspection
Part 5 Declared pests
	36 Declaring declared pests by regulation
	37 Declaring declared pests by emergency pest notice
	38 Declared pest categories
	39 Introducing declared pest
	40 Feeding declared pest animal
	41 Keeping declared pest
	41A Amnesty for keeping particular declared pests
	42 Releasing declared pest
	43 Taking declared pest plant for commercial use
	44 Supplying declared pest
	45 Supplying things containing reproductive material of particular declared pest plants
	46 Moving or transporting vehicles and other things on roads
Part 6 Declared pest fences
	47 Fixing building line and declaring pest animal for declared pest fence
	48 Building declared pest fence
	49 Building gates and grids in declared pest fence
	50 Maintaining declared pest fence
	51 Power to enter land
	52 Agreement to make opening in declared pest fence
	53 Directing restoration of declared pest fence
	54 Notice of damage
	55 Damaging, or making openings in, a declared pest fence
	56 Obstructing building, inspection or maintenance of a declared pest fence
	57 Closing gates
Part 7 Declared pest permits
	58 Application for, or to renew, permit
	59 Additional information for application
	60 Deciding application
	61 Issuing and renewing permit
	62 Conditions of permit
	63 Refusing application
	64 Amendment
	65 Suspension or cancellation-grounds
	66 Suspension or cancellation-procedure
	67 Immediate suspension
	68 Direction to rectify
	69 Failure to rectify
	70 Notice and effect of suspension or cancellation
	71 Return of suspended or cancelled permit
	72 Direction to dispose of declared pest
	73 Replacing permit
	74 Surrendering permit
	75 Register
	76 Noncompliance with permit conditions
Part 8 Pest control for land
	77 Obligation of landowners
	78 Pest control notice
	79 Extending compliance period
	80 Noncompliance with pest control notice
	81 Entry to land by pest controller
	82 Duration of entry notice
	83 Amounts payable by landowner
	84 Unpaid amounts are a charge on land
	85 Registering charge on land under this Act
	86 Issuing entity’s register
Part 9 Emergency control of declared pests
	87 Application of div 1
	88 Pest controller’s authorisation to enter land
	89 Application of div 2
	90 Emergency quarantine notice
	91 Directing authorised persons to take action under emergency quarantine notice
	92 Contravening emergency quarantine notice
	93 Contravening authorised person’s direction
Part 10 Control of dogs
	94 Definitions for pt 10
	95 Destruction of particular dogs
	96 Maps to be available for inspection
Chapter 3 Stock route network management
Part 1 Principles of stock route network management
	97 Principles
Part 2 State stock route network management strategy
	98 State stock route network management strategy
	99 Preparing strategy
	100 Duration of strategy
	101 Implementing strategy
	102 Reviewing and renewing strategy
	103 Strategy to be available for inspection
Part 3 Stock route network management plans
	104 Application of pt 3
	105 Local governments to have stock route network management plan
	106 Preparing draft plan
	107 Requirements of plan
	108 Notice of draft plan and consideration of public submissions
	109 Minister to consider draft plan
	110 Adopting plan
	111 Duration of plan
	112 Implementing plan
	113 Reviewing and renewing plan
	114 Amending plan
	115 Plan to be available for inspection
Part 4 Stock route agistment permits
	116 Application for permit
	117 Additional information for application
	118 Deciding application
	119 Issuing permit
	120 Duration of permit
	121 Refusing application
	122 Application for renewal
	123 Deciding application
	124 Issuing renewed permit
	125 Refusing application
	126 Conditions that may and must be imposed
	127 Amending conditions
	128 Cancellation-grounds and procedure
	129 Review by chief executive
	130 Issuing replacement permits after change of conditions or review of decision
Part 5 Stock route travel permits
	131 Application of pt 5
	132 Stock movements requiring a stock route travel permit
	133 Stock movements not requiring a stock route travel permit
	134 Application for permit
	135 Additional information for application
	136 Deciding application
	137 Issuing permit
	138 Duration of permit
	139 Refusing application
	140 Permit holder to give notice of correct particulars
	141 Issuing replacement permit on notice of correct particulars
	142 Conditions that may and must be imposed
	143 Amending conditions
	144 Cancellation-grounds and procedure
	145 Review by chief executive
	146 Issuing replacement permit after change of conditions or review of decision
	147 Rate of travel of stock
Part 6 Fencing stock routes
	148 Application of pt 6
	149 Fencing notice
	150 Obligation to build fence
	151 Obligation to maintain fence
	152 Noncompliance with fencing notice or obligation to maintain fence
	153 Amounts payable by landowner
	154 Unpaid amounts are a charge on land
Part 7 Other provisions about stock route network management
	155 Application of div 1
	156 Mustering notice
	157 Obligation to comply with notice
	158 Noncompliance with mustering notice
	159 Amounts payable by permit holder
	160 Managing and conserving pasture
	161 Overgrazing on stock route network
	162 Travelling stock facilities
	163 Water facility agreements
	164 Register of agreements
	165 Registration of particular agreements
	166 Offence to allow stock to stray
	167 Stray stock may be seized
	168 Notice of seizure
	169 Releasing seized stock
	170 Dealing with seized stock
	171 Application of proceeds of sale
	172 Destroying other stray stock
Part 8 Other offences about the stock route network
	173 Offences about stock route agistment and travel permits
	174 Grazing stock without permit
	175 Damaging travelling stock facility
	176 Wasting or polluting water
	177 Taking water
	178 Camping
	179 Obstructing movement of stock
	180 Burning or removing pasture
	181 Placing things on the stock route network
	182 Offences about using reserves for travelling stock
Chapter 4 Matters relating to local governments
	183 Functions of local governments
	184 Minister may direct local government to perform function or obligation
	185 Chief executive may be directed to perform local government’s functions
	186 Local government to pay chief executive’s costs
	187 Minister may require local government to make annual payment
	188 Minister may ask for particular information from local government
Chapter 5 Land protection council and Land Protection Fund
Part 1 Land Protection (Pest and Stock Route Management) Council
	189 Establishment
	190 Functions
	191 Basis on which functions may be performed
	192 Minister to consider recommendations
	193 Membership of land protection council
	194 Failure of nominating entity to nominate person
	195 Qualifications for appointment
	195A Investigations about eligibility for appointment
	195B Criminal history is confidential document
	196 Appointment terms generally
	197 Remuneration and allowances
	198 Term of appointment
	199 Vacation of office
	200 Conduct of business
	201 Time and place of meetings
	202 Quorum
	203 Presiding at meetings
	204 Conduct of meetings
	205 Resolutions of council
	206 Disclosure of interests by land protection council members
	207 Minutes
	208 Annual report
Part 2 Land Protection Fund
	209 Establishment of fund
	210 Purpose and administration of fund
	211 Payments from fund
	212 Local government’s payment of amounts into fund
Chapter 6 Pest operational boards
Part 1 General
	213 Establishment of pest operational boards
	214 Legal status
	215 Pest operational boards represent State
	216 Application of particular Acts to pest operational boards
Part 2 Function and powers
	217 Function
	218 General powers
	219 Ministerial directions
Part 3 Board of directors
	220 Board of directors
	221 Role of board of directors
	222 Appointment
	223 Chairperson
	224 Qualifications for appointment
	224A Investigations about eligibility for appointment
	224B Criminal history is confidential document
	225 Term of appointment
	226 Termination of appointment
	227 Vacation of office
	228 Disclosure of interests
	229 Director to act in pest operational board’s interest
	230 Conduct of business
	231 Times and places of meetings
	232 Quorum
	233 Presiding at meetings
	234 Conduct of meetings
	235 Minutes
	236 Fees and allowances
Part 4 Financial matters
	237 Estimate of pest operational board’s operational costs
	238 Approval for carrying out pest operational board’s operations
Part 5 Other provisions about pest operational boards
	239 Delegation
	240 Annual report
Chapter 7 Investigation and enforcement
Part 1 Pest survey programs
	241 Approval of pest survey program
	242 Notice of proposed pest survey program
	243 Access to program
Part 2 Authorised persons
	244 Appointment and qualifications
	245 Appointment conditions and limit on powers
	246 Issue of identity card
	247 Production or display of identity card
	248 When authorised person ceases to hold office
	249 Resignation
	250 Return of identity card
Part 3 Powers of authorised persons
	251 Power of entry
	252 Entry with consent
	253 Other entries without warrant
	254 Application for warrant
	255 Issue of warrant
	256 Special warrants
	257 Warrants-procedure before entry
	258 Power of entry
	259 Procedure for entry
	260 Power to stop vehicles that may be entered
	261 Failure to obey signal
	262 Other powers relating to vehicles that may be entered
	263 General powers after entering places
	264 Failure to help authorised person
	265 Failure to give information
	266 Power to seize evidence-entry without consent or warrant
	267 Power to seize evidence-entry with consent or warrant
	268 Securing seized things
	269 Offence to tamper with seized things
	270 Powers to support seizure
	271 Receipts for seized things
	272 Return of seized things
	273 Access to seized things
	274 Destruction or disposal of seized things
	275 Forfeiture by authorised person
	276 Forfeiture on conviction
	277 Dealing with forfeited things
	278 Power to require name and address
	279 Failure to give name or address
	280 Power to require information
	281 Failure to give information
	282 Power to require production of documents
	283 Failure to produce document
Part 4 Notice of damage
	284 Application of pt 4
	285 Requirement to give notice of damage
Part 5 Other offences
	286 False or misleading statements
	287 False or misleading documents
	288 Obstructing authorised person
	289 Impersonation of authorised person
Chapter 8 Evidence and legal proceedings
Part 1 Evidence
	290 Application of pt 1
	291 Appointments
	292 Signatures
	293 Evidentiary aids
Part 2 Legal proceedings
	294 Summary proceedings for offences
	295 Recovering costs of taking action because of an offence
Chapter 9 Review of decisions by QCAT
	296 Who may apply for review by QCAT
Chapter 10 Miscellaneous provisions
	302 Compensation
	303 Advisory committees
	304 Delegation by Minister
	305 Delegation by chief executive
	306 Delegation by local government
	307 Protection from liability
	308 Approved forms
	309 Regulation-making power
Chapter 11 Repeal, savings and transitional provisions
Part 1 Repeal
	310 Act repealed
Part 2 Savings and transitional provisions
	311 Definitions for pt 2
	312 Dissolution of former protection board
	313 Continuing Darling Downs-Moreton Rabbit Board
	314 Members of board of former authority
	315 Employees of former authority
	316 Vesting of former authority’s assets, rights and liabilities
	317 Vesting of former authority’s pending legal proceedings
	318 Existing permission about animals or plants
	319 Existing permission about travelling or depasturing stock
	320 Application for permission to travel or depasture stock
	321 Application for permission about animals or plants
	322 Barrier fences under former Act
	323 Existing notice to control declared animals or plants
	324 Existing endorsement on register kept under the Land Act or Land Title Act
	325 Existing agreement about water facilities
	326 References to former Act
	327 References to former protection board and former authority
	328 References to former fund
Schedule 1 Reviewable decisions and aggrieved persons
Schedule 3 Dictionary
	1 Index to endnotes
	2 Date to which amendments incorporated
	3 Key
	4 Table of reprints
	5 List of legislation
	6 List of annotations

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