Part 8 Travelling stock reserves and public roads
Note. This Part provides:(a) for the management, and regulation of the use by travelling stock and persons, of travelling stock reserves that are fully controlled by authorities, and(b) for regulation of the use by travelling stock and persons of travelling stock reserves that are not fully controlled but are managed by authorities and of public roads.
(1) In this Part:appropriate permit means a stock permit or reserve use permit that authorises the holder to engage in the activity or conduct concerned.
closure order means an order under section 93.
controlled travelling stock reserve means:
(a) a travelling stock reserve the care, control and management of which is vested in an authority under this Part, or(b) a travelling stock reserve that is a stock watering place for which an authority is the controlling authority under Part 9.managed travelling stock reserve means a travelling stock reserve other than a controlled travelling stock reserve or any travelling stock reserve (or travelling stock reserves of a class) prescribed by the regulations for the purposes of this definition.
permit means a stock permit or reserve use permit.
responsible authority means:
(a) in relation to a controlled travelling stock reserve—the authority vested with the care, control and management of the reserve under this Part or that is the controlling authority under Part 9, or(b) in relation to a public road (or part of a public road)—the authority for the district in which the public road (or part of a public road) concerned is located, or(c) in relation to a managed travelling stock reserve—the authority for the district in which the reserve is situated.timber has the same meaning as it has in the Forestry Act 2012.
travelling stock means stock that are being moved by being walked, and includes travelling stock that are grazing.
travelling stock reserve means:
(a) any route or camping place reserved for travelling stock route or camping place under the Crown Lands Act 1989, or(b) any reserve for travelling stock, water reserve, reserve for access or crossing (where the reserve is for the purpose of providing travelling stock with access to or a crossing of water, whether expressly notified for that purpose or not), or(c) any stock watering place.(2) If the boundaries of a district within which a controlled travelling stock reserve is situated change so that the whole or part of the reserve is situated in another district, the responsible authority for that reserve (or part of the reserve) is taken to be the authority for the other district.
Division 2 Controlled travelling stock reserves
85 Vesting care, control and management of certain travelling stock reserves in authorities
(1) The Minister administering the Crown Lands Act 1989 may, by order published in the Gazette, vest in an authority the care, control and management of any travelling stock reserve to which this section applies.(2) This section applies to a travelling stock reserve other than a stock watering place or one that comprises land within:(a) a State forest, or(b) the Western Division that is subject to a lease from the Crown.Note. Section 18 and paragraph (l) of Schedule A to the Western Lands Act 1901 provide for such leases to contain covenants giving unrestricted rights to proclaim travelling stock reserves and to withdraw land from such reserves.(3) An order under this section relating to that part of a travelling stock reserve that is subject to a lease or a licence granted under the Crown Lands Acts does not have effect until the lease or licence is terminated.
86 Withdrawal of care, control and management from authority
(1) The Minister administering the Crown Lands Act 1989 may, by order published in the Gazette, withdraw the care, control and management of a travelling stock reserve from an authority.(2) An order may be made only on the recommendation of the Minister administering this section.(3) The Minister administering this section is to take into consideration any views of the authority concerned and the State Council in deciding whether or not to recommend that an order be made.(4) Before recommending that an order be made, the Minister administering this section may refer the matter to the appropriate local land board.(5) As soon as practicable after the matter is referred to it, the local land board must inquire into the matter and submit a report of its findings in writing to the Minister administering this section.(6) The Minister administering this section is not bound to accept the report and no person is entitled to appeal against such a report or have it referred to the Land and Environment Court.
87 Withdrawal of land required for public purpose from travelling stock reserve
(1) The Minister administering the Crown Lands Act 1989 may, by order published in the Gazette, withdraw from a travelling stock reserve under the care, control and management of an authority any land that is required as a site for a town or village or for any public purpose, other than the purpose of settlement under the Crown Lands Acts.(2) An order may be made only on the recommendation of the Minister administering this section.(3) The Minister administering this section is to take into consideration any views of the State Council in deciding whether or not to recommend that an order be made.
88 Compensation for improvements made before withdrawal
(1) The Minister administering the Crown Lands Act 1989 is liable to pay compensation to a responsible authority for any improvements made to land comprising any part of a travelling stock reserve that is withdrawn from the care, control and management of the authority.(2) The compensation must not exceed the current value of the improvements.(3) If the Minister administering the Crown Lands Act 1989 and the responsible authority are unable to agree on the amount of compensation, either of them may refer the matter to the appropriate local land board for determination.(4) The local land board to which the matter is referred must determine the amount of compensation payable.(5) The local land board’s determination is binding on the Minister and the responsible authority.
Division 3 Timber on controlled travelling stock reserves
89 Removal or destruction of timber
(1) A responsible authority must not remove, fell or destroy timber from an area of more than one hectare of land within a controlled travelling stock reserve unless it has given the Forestry Corporation at least 3 months’ notice in writing of its intention to do so.Note. For the effect of compliance with this section, see section 38 (4) (e) of the Forestry Act 2012.(2) A responsible authority must consult the Director-General of National Parks and Wildlife before it decides whether or not to fell timber on or remove timber felled on a controlled travelling stock reserve that adjoins a national park or a nature reserve.(3) The responsible authority may remove timber only after giving due consideration to any representations made by the Director-General of National Parks and Wildlife.
(1) A responsible authority may sell timber felled on a controlled travelling stock reserve or may use the timber for the purpose of improving any travelling stock reserve within its district or carrying out any work in the district necessary for the exercise of its functions but must not use the timber for any other purpose.(2) The responsible authority may sell timber felled in a controlled travelling stock reserve with the consent of the Forestry Corporation, despite anything in the Forestry Act 2012 to the contrary.
(1) The Forestry Corporation must obtain the consent of the responsible authority before it issues any licence under the Forestry Act 2012 to any person other than the authority to cut or remove timber that is located in a controlled travelling stock reserve.(2) A licence may include such conditions or restrictions as the Forestry Corporation and the responsible authority agree on.(3) If the Forestry Corporation and the responsible authority are in dispute as to the conditions or restrictions to be included in a licence, either of them may refer the dispute to the Minister administering the Forestry Act 2012 for determination.(4) The Minister’s determination of the dispute is binding on the Forestry Corporation and the responsible authority.
Nothing in this Part authorises or permits a responsible authority to take any action in respect of a controlled travelling stock reserve that is contrary to the Native Vegetation Act 2003.
Division 4 Closure of controlled travelling stock reserves
(1) A responsible authority may make an order (a closure order):(a) closing a controlled travelling stock reserve (or specified part of a reserve), or(b) suspending an entitlement or authority conferred by or under section 97 to use a controlled travelling stock reserve (or specified part of a reserve) for any recreational activity, or(c) suspending the operation of any stock permit or permit issued under the Stock Diseases Act 1923 or reserve use permit in relation to the reserve (or part of any such reserve) except to the extent specified in the order.(2) A responsible authority may make an order under subsection (1) (a):(a) for the purpose of taking appropriate measures for the following:(i) the conservation of the soil or vegetation,(ii) the prevention or mitigation of soil erosion,(iii) the regeneration or planting of trees or pasture, or(b) to enable the authority to exercise any of its other functions in relation to the reserve.(3) A responsible authority may make an order under subsection (1) (b) or (c) if use of the reserve for the purposes of the activity concerned or as authorised by the permit could result in:(a) damage to the reserve or part of the reserve or to any structure or other thing located on the reserve or part of the reserve, or(b) nuisance or annoyance to any members of the public.
(1) An authority that makes a closure order must publish or notify the order in a newspaper circulating generally in the authority’s district.(2) A closure order takes effect on the day on which it is so published or notified or, if a later day is specified in the order, on that later day.(3) A closure order (unless sooner repealed or amended) remains in force for the period specified in the order.
Division 5 Use of travelling stock reserves and public roads
95 Unauthorised uses of travelling stock reserves
A person must not, without lawful authority:(a) enter or remain on a travelling stock reserve, or(b) occupy or make use of any travelling stock reserve for any purpose, or(c) engage in any activity that damages, or is likely to damage, a travelling stock reserve.Maximum penalty: 50 penalty units.
96 Unauthorised use of public roads
(1) A person who owns or has charge of stock must ensure that the stock do not walk or graze on a public road.Maximum penalty: 50 penalty units.
(2) A person is not guilty of an offence under this section if the stock are being walked or grazed under the authority of a stock permit or an order made or permit issued under the Stock Diseases Act 1923 or in any other circumstances prescribed by the regulations for the purposes of this subsection.
97 Authorised use of travelling stock reserves for recreational activities
(1) A person is authorised to use a travelling stock reserve (whether controlled or managed) or part of any such reserve on any day between sunrise and sunset for any recreational activity prescribed by the regulations, subject to this Act and any conditions prescribed by the regulations.(2) The Crown is to indemnify a responsible authority in respect of:(a) the death of or injury to any person, or(b) damage to, or the destruction of, property other than that of the authority,arising out of the use of a travelling stock reserve for the purpose of a recreational activity in accordance with this section.(3) Subsection (2) does not apply to the death of or personal injury to a director or employee of an authority if the death or injury arises in connection with the exercise by the authority of its functions.
98 Certain occupiers of land to have a right of access over travelling stock reserves
(1) An occupier of land is entitled to a right of way over a travelling stock reserve (whether controlled or managed) to and from the road nearest to the land if no other access to and from the land by means of an established road or track is available.(2) A right of way is subject to such conditions as to its exercise (including any conditions as to its position, construction or improvement) as may be imposed by the responsible authority in a particular case.(3) The responsible authority is to give notice to the occupier of land of any condition imposed by it on a right of way of the occupier.(4) The occupier may, with the approval of the responsible authority, and must if directed to do so by the responsible authority by notice in writing, construct or make improvements to the occupier’s right of way over the reserve.(5) Any construction or improvements are to be made at the expense of the occupier.
99 Appeal about right of way conditions
(1) An occupier of land may appeal to the appropriate local land board against a decision of a responsible authority to impose a condition or direct the making of any improvement under section 98.(2) The appeal must be made within 28 days of receipt of notice of the decision or direction.(3) On hearing the appeal, the local land board may:(a) revoke the decision or direction, or(b) confirm the decision or direction.(4) A decision of the local land board on appeal is final and is to be given effect as if it were a decision of the responsible authority concerned.
(1) A responsible authority may issue a permit (a reserve use permit) authorising a person or group of persons to engage in any activity in, or to occupy or make use of, a travelling stock reserve in the authority’s district for the purpose of establishing and maintaining an apiary or for any other purpose.(1A) A reserve use permit must specify the days, or times of day, or both, that the activity, or occupation or use, is authorised.(2) Despite subsection (1), a reserve use permit cannot be issued to authorise engagement in any activity prohibited by this Act or to authorise occupation or use of a travelling stock reserve:(a) by travelling stock or for any stock for grazing purposes, or(b) for any recreational activity prescribed by the regulations under section 97, or(c) for any purpose prescribed by the regulations for the purposes of this section.(3) A reserve use permit is to be in the approved form.
101 Stock permits authorising certain uses of travelling stock reserves and public roads
(1) An authorised officer of a responsible authority may issue a permit (a stock permit) to any person authorising the person to do anything (or omit to do anything) on or in relation to any public road or travelling stock reserve in the authority’s district (whether controlled or managed) specified in the permit in respect of stock owned or in the charge of the person and that would otherwise contravene a provision of this Division.(2) Without limiting subsection (1), an authorised officer may issue a stock permit authorising a person to do any one or more of the following:(a) enter a controlled travelling stock reserve with stock,(b) remain on a controlled travelling stock reserve with stock,(c) walk stock on a public road or travelling stock reserve,(d) graze stock on a public road or controlled travelling stock reserve.(3) A stock permit cannot be issued authorising a person to graze stock (other than travelling stock) on a public road without the concurrence of:(a) in the case of a public road that is not a Crown road—the local authority in which the road is vested, or(b) in the case of a Crown road—the Minister administering the Crown Lands Act 1989.Note. Under section 40 of the National Parks and Wildlife Act 1974 the concurrence of the Minister is required before the issue of a permit to graze over a travelling stock reserve within the boundaries of a national park or historic site.(4) A stock permit is to be in the approved form.(5) Nothing in this section authorises or permits an authorised officer to issue a stock permit authorising a person to do (or omit to do) anything on or in relation to a freeway or tollway within the meaning of the Roads Act 1993.
102 Applications for stock permits and reserve use permits
(1) An application for a permit is to be made to the responsible authority in the manner prescribed by the regulations.(2) A permit must not be issued unless:(a) in relation to a reserve use permit (as referred to in section 100 (1))—the fee (if any) determined by the authority has been paid or arrangements have been made for payment of the fee after issue of the permit, or(b) in relation to a stock permit that solely authorises a person to walk stock on a public road or travelling stock reserve (as referred to in section 101 (2) (c))—the fee (if any) determined by the authority has been paid or arrangements have been made for payment of the fee after issue of the permit, or(c) in relation to a stock permit that solely authorises a person to graze stock on a public road (as referred to in section 101 (2) (d))—the fee (if any) prescribed by the regulations in respect of the permit, or such lesser amount as may be determined by the authority in accordance with subsection (2A), has been paid or arrangements have been made for payment of the fee or the lesser amount after issue of the permit, or(d) in relation to a stock permit that solely authorises a person to graze stock on a controlled travelling stock reserve (as referred to in section 101 (2) (d))—the following fee (if any) or amount has been paid or arrangements have been made for payment of the fee or amount after issue of the permit:(i) the fee determined by an auction, public tender or other means approved by the State Council for the permit,(ii) the fee (if any) prescribed by the regulations in respect of the permit, or such lesser amount as may be determined by the authority in accordance with subsection (2A), or(e) in relation to any other stock permit—the fee (if any) prescribed by the regulations in respect of the permit, or such lesser amount as may be determined by the authority in accordance with subsection (2A), has been paid or arrangements have been made for payment of the fee or the lesser amount after issue of the permit.(2A) For the purposes of subsection (2), any lesser amount determined by the authority must be determined by reference to:(a) a class of persons, public roads, travelling stock reserves or activities, or(b) situations that come within circumstances described in the determination.(2B) An authority must display in a conspicuous place in its office the fees prescribed by the regulations or determined by the authority as payable for applications for permits.(3) An application under this section is taken (for the purposes only of any appeal) to have been refused if it has not been determined within the period of 14 days after the making of the application.(4) If an authority has determined that the fee for a stock permit that solely authorises a person to graze stock on a controlled travelling stock reserve is to be determined by an auction, public tender or other means approved by the State Council (as referred to in subsection (2) (d) (i)) and such an auction, public tender or determination by other means occurs, the authority may not accept the fee or lesser amount (as referred to in subsection (2) (d) (ii)) for the permit.
103 Duration of stock permits and reserve use permits
A permit, unless sooner cancelled or suspended, remains in force for the period specified in the permit.
104 Cancellation or suspension of stock permits and reserve use permits
(1) A permit may be cancelled or suspended by a responsible authority at any time by notice in writing given to the permit holder.(2) The notice is to state the ground for cancellation or suspension of the permit.(3) Without limiting the grounds on which the responsible authority may cancel or suspend a permit, the authority may suspend or cancel a permit on any of the following grounds:(a) the holder of the permit has been convicted of an offence against this Act or the regulations,(b) the holder of the permit has contravened a condition to which the permit is subject,(c) cancellation or suspension is necessary for the protection of any stock or of a public road or travelling stock reserve.
105 Classes of stock permits and reserve use permits
(1) The regulations may prescribe different classes of permits and describe the authority conferred on a person by issue of a particular class of permit.(2) The regulations may prescribe the conditions to which a class of permit is subject.
106 Conditions of stock permits and reserve use permits
(1) A permit is subject to such conditions as are prescribed by the regulations or specified in the permit.(2) The responsible authority may by notice in writing to the holder of a permit:(a) revoke or vary any conditions attached to the permit that it has specified, or(b) attach new conditions to the permit.(3) A holder of a permit who contravenes any condition of the permit is guilty of an offence.Maximum penalty: 20 penalty units.
107 Movement and grazing of stock authorised by stock permits must comply with Act and regulations
The holder of a stock permit must ensure that stock that the holder owns or of which the holder has charge are not moved over, or grazed on, a public road or travelling stock reserve in contravention of any provision of this Act or the regulations.Maximum penalty: 20 penalty units.
Note. See also section 208 (Court may order payment of additional penalty in certain cases).
108 Stock permits controlled for adjoining districts
If a boundary of 2 districts is a public road or a travelling stock reserve, and the walking or grazing of stock on the road or reserve is authorised for one of the districts, the walking or grazing of stock is taken to be authorised for so much of the other district as comprises the road or reserve.
109 Appeals concerning the issue, cancellation or suspension of permits
(1) An applicant for a permit may appeal to the local land board against a decision of a responsible authority to refuse to issue a permit.(2) The holder of a permit may appeal to the local land board against a decision of a responsible authority to cancel or suspend the permit.(3) The appeal must be made within 28 days of the refusal or receipt of the notice of cancellation or suspension.(4) A decision of a responsible authority to refuse to issue a permit or to cancel or suspend a permit is effective and operates (subject to any final determination on appeal) from the date of the decision.(5) On hearing the appeal, the local land board may:(a) revoke the decision to refuse to issue the permit and issue the permit (whether or not subject to conditions), or(b) confirm the decision to refuse to issue, or(c) revoke the decision to cancel or suspend the permit, or(d) confirm the decision to cancel or suspend the permit.(6) A decision of the local land board on appeal is final and is to be given effect as if it were a decision of the authority concerned.
A local land board that revokes the decision of a responsible authority to cancel or suspend a permit may, on application of the holder of the permit, order the responsible authority to pay compensation to the holder for any loss arising out of the cancellation or suspension.Note. A party to proceedings before a local land board under this section may appeal to the Land and Environment Court against its decision. See section 26 of the Crown Lands Act 1989.
Division 6 Fencing of boundaries of controlled travelling stock reserves
In this Division:fencing notice means a notice given under section 114.
fencing work means the erection, replacement, repair, alteration or maintenance of a fence.
This Division does not apply to the following:(a) the holder of a yearly lease,(b) a lessee under a lease from the Crown (other than a yearly lease) if the lease has at the relevant date less than 5 years to run,(c) a licensee under a licence from the Crown.
113 Exclusion of Dividing Fences Act 1991
The Dividing Fences Act 1991 does not apply to or in respect of so much of any controlled travelling stock reserve that adjoins land owned by a person other than an authority or that is separated from a controlled travelling stock reserve only by a road or watercourse.
114 Owner of land adjoining travelling stock reserve may be required to carry out fencing work
(1) An authority may, by notice in writing given to the owner of any land adjoining a controlled travelling stock reserve in its district, or separated from such a reserve only by a road or watercourse, require the owner to carry out fencing work on the common boundary of the land and the reserve or of the land and the road or watercourse by the date specified in the notice.Note. Section 240 (Service and giving of notices and other documents) sets out various ways in which a fencing notice may be given.(2) A fencing notice may be given only if the authority considers it is necessary for the fencing work to be carried out for the proper protection or improvement of the controlled travelling stock reserve.(3) The fencing notice may specify the standard that the fencing work is required to meet.(4) The owner to whom a fencing notice is given must comply with the notice.(5) The authority that gave the fencing notice may carry out the fencing work required by the notice if the owner fails to comply with the notice.
115 Fencing notice to specify contributions payable
(1) A fencing notice is to specify whether the owner of the land is to bear the whole or a specified portion of the cost of the fencing work required by the notice and the contribution payable by the authority.(2) An owner must not be required to bear more than half the cost of the fencing work except with the concurrence of the State Council.
An owner of land who carries out fencing work required by a fencing notice is entitled to recover from the authority that gave the notice the authority’s contribution to the cost of the fencing work.
(1) An authority that carries out fencing work required by a fencing notice because the owner to whom it was given fails to comply with the notice may, by notice in writing given to the owner, require the owner to pay to the authority:(a) a contribution not exceeding half the cost of the fencing work carried out by the authority, or(b) if the fencing notice specifies that the owner is liable for a greater portion of the cost of the fencing work, a contribution equivalent to that portion of the cost.(2) The notice under subsection (1) is to specify the period within which the contribution or amount is payable.(3) Schedule 4 has effect.Note. See Division 1 of Part 13 and Schedule 5 on recovery of unpaid contributions.
118 Application to local land board
(1) If the owner of land to whom a fencing notice has been given and an authority are in dispute with respect to fencing work required by the notice, either of them may apply to the appropriate local land board to determine the matter.(2) On receiving an application under this section, the local land board must hear and determine the application.
119 Jurisdiction of land board not to be ousted in certain cases
(1) The jurisdiction of the local land board before which proceedings are brought under section 118 cannot be ousted on the ground that the defendant or respondent in the proceedings does not reside within the land district for which the local land board is constituted.(2) However, the local land board before which the proceedings are brought may transfer the application to a local land board that may more appropriately hear the application.(3) On receiving an application transferred to it under this section, a local land board must hear and determine the application.
120 Local land board may allow time for payment
(1) In proceedings under this Division before a local land board for the determination of any contribution, or amount of money, the local land board may allow time for payment of the money concerned.(2) The local land board may:(a) determine that the money be paid in instalments, and(b) fix the amounts of the instalments and the dates by which they are payable, and(c) order interest at a rate not exceeding that prescribed by the regulations to be paid on that money.(3) If a local land board exercises the power conferred by subsection (2), the money concerned becomes payable by instalments, on the dates together with interest as fixed under that subsection.
121 Right to refer matters to Land and Environment Court
A local land board and the Minister administering this section have the same rights and powers to refer matters to the Land and Environment Court as the local land board and the Minister administering the Crown Lands Act 1989 have under sections 27 and 28 of that Act.
122 Powers of State Council with respect to fences
(1) The State Council may refer to the appropriate local land board any question as to:(a) any matter requiring the State Council’s approval or concurrence under this Division, or(b) any other matter that the State Council considers necessary or appropriate to be inquired into for the purposes of this Division.(2) On receiving a reference, the local land board concerned must:(a) inquire into the question referred, and(b) as soon as practicable after the inquiry is completed—report its findings to the State Council in writing.
123 Responsible authority not liable for use of pesticides or chemicals on reserves
(1) A responsible authority is not liable to pay damages in respect of any pesticide or chemical related injury attributable to the application by the authority of a pesticide or chemical to a controlled travelling stock reserve if the authority has given notice in accordance with the regulations that the pesticide or chemical was about to be applied or had been applied to the reserve.(2) This section has effect in relation to a controlled travelling stock reserve (or part of such a reserve) to which a pesticide or chemical has been applied whether or not an appropriate permit is in force that authorises its holder to use the reserve (or part of the reserve) for a particular purpose.(3) In this section:pesticide or chemical related injury means death of, or injury or illness suffered by, a person, or deaths of, or injuries or diseases suffered by, stock or bees, that are attributable to the application of a pesticide or chemical.
124 Responsible authority not liable for injury attributable to diseased travelling stock
(1) A responsible authority is not liable to pay damages in respect of any disease related injury that is attributable to diseased travelling stock that have been walked or grazed on a travelling stock reserve or public road if the authority has given notice in accordance with the regulations that the stock have been walked over or grazed on the reserve.(2) This section has effect in relation to a travelling stock reserve (or part of such a reserve) or public road on which diseased stock have been walked or grazed whether or not an appropriate permit is in force that authorises the holder to use the reserve (or part of the reserve) or public road for the purpose of walking or grazing stock.(3) In this section:disease related injury means death of, or injury or illness suffered by, a person, or deaths of, or injuries or diseases suffered by, stock or bees, that are attributable to diseased stock.
125 When may a responsible authority impound bees or beehives placed or kept on a controlled travelling stock reserve?
(1) A responsible authority may impound any bees or beehives placed, or being kept, on a controlled travelling stock reserve if the bees or beehives have been placed, or are being kept, otherwise than in accordance with a reserve use permit issued by the authority.(2) The bees or beehives are to be impounded in such manner as may be prescribed by the regulations.(3) The responsible authority may decline to release any bees or beehives impounded by it to a person who claims to own them unless the person pays to the authority the impounding fee prescribed by the regulations.(4) Nothing in this section limits or affects any power with respect to bees or beehives conferred on an inspector under section 15A, 17, 18A or 24 of the Apiaries Act 1985.
126 Orders for mustering of stock
(1) The person in charge of any stock that are on any part of a public road or a travelling stock reserve must, if requested to do so by a prescribed officer:(a) muster the stock at a specified place in the vicinity of that part of the road or reserve, and(b) allow the prescribed officer to inspect the stock, and(c) assist in counting the stock, and(d) provide the prescribed officer with such other assistance as the prescribed officer may reasonably require, and(e) except as provided by subsection (2), produce for inspection by the prescribed officer an appropriate permit in respect of the stock.Maximum penalty: 10 penalty units.
(2) The person in charge of stock is not required to produce an appropriate permit for inspection if the person claims that the stock are being conveyed under the authority of an order made or a permit issued under the Stock Diseases Act 1923.(3) A person in charge of stock who claims that stock are being conveyed as referred to in subsection (2) must, if requested to do so by the prescribed officer, produce that order or permit for inspection by the officer within 48 hours after the request is made.Maximum penalty: 10 penalty units.
(4) In this section, prescribed officer means any of the following:(a) an authorised officer,(b) a police officer,(c) an inspector appointed under the Stock Diseases Act 1923,(d) any other person prescribed by the regulations for the purposes of this paragraph.
127 Power of responsible authority to recover compensation in respect of damage caused to or on controlled travelling stock reserve
(1) A responsible authority may recover from a person who:(a) damages a controlled travelling stock reserve, or(b) damages or destroys any structure or work located on a controlled travelling stock reserve,an amount equal to its expenses in rectifying the damage or replacing the destroyed structure or work.(2) This section has effect irrespective of whether the damage or destruction was perpetrated without intention, recklessness or negligence.(3) The recovery from a person of an amount under this section does not affect the liability of the person to be dealt with for an offence by or under this Act or under any other law arising out of the same matter.
128 Exemption power—authorities
(1) An authority may, in accordance with any guidelines given by the State Council, exempt a person or a class of persons in writing from the operation of this Part or a specified provision of this Part.(2) The exemption may be limited in duration or may be subject to such factors or circumstances as may be specified in the exemption.(3) The authority may cancel the exemption in writing at any time.(4) An authority is to give notice in accordance with the regulations of any exemption given (or of any cancellation of an exemption made) by the authority under this section.