Division 5 Permits

44   Applications for permits

(1)  An application for a permit is to be made to the responsible authority:

(a)  orally, or

(b)  in the approved form (if any) for the permit concerned.

(2)  If an application is made orally, the responsible authority may request the applicant to confirm the application in writing.

Note. If an authority has delegated its functions relating to applications to a director of the authority, a member of the staff of the authority or an authorised officer the application may be made to the delegate.

(3)  An application for a stock permit must be made at least 2 working days before the stock enter, remain on, walk or graze on, or are moved by vehicle over, a travelling stock reserve or public road in the district of the authority (unless the responsible authority agrees to accept the application although it is not made in that period).

Note. Section 102 of the Act requires an application to be made in accordance with the regulations. An authority need not process an application that is not received at least 2 working days before it is required.

(4) Fee for issue of permit
For the purposes of section 102 (2) (c) and (d) (ii) of the Act, the following fee (being a fee in respect of a stock permit that solely authorises a person to graze stock on a public road or a stock permit that solely authorises a person to graze stock on a controlled travelling stock reserve) is prescribed:

(a)  for small stock—$1 per day for each 10 or less small stock,

(b)  for large stock—$1 per day for each large stock.

(5)  For the purposes of section 102 (2) (e) of the Act, the fee of $10 per annum is prescribed.

45   Refund of fees

The responsible authority may refund all or any part of a fee paid in respect of a permit if the permit is cancelled or suspended.

46   Conditions of stock permits and reserve use permits

The holder of a permit must:

(a)  produce the permit for inspection on demand by an authorised officer, and

(b)  comply with any reasonable request made, or direction given, by an authorised officer.

Maximum penalty: 5 penalty units.

47   Rate of travel to be maintained

(1)  The holder of a permit who is in charge of travelling stock that are walking on a journey lasting more than 24 hours must ensure that the stock travel towards their destination a distance of not less than 10 kilometres on each day.

Maximum penalty: 20 penalty units.

(2)  A person is not guilty of an offence under subclause (1) if:

(a)  the stock are prevented from travelling at the required travelling rate due to bad weather, fire, flood or some other unforeseeable circumstance, or

(b)  approval for the stock to travel at a slower rate has been given under subclause (3).

(3)  An authorised officer of an authority may give approval for stock to travel at a slower rate than the required travelling rate:

(a)  if the stock are unfit to travel at the required travelling rate, or

(b)  for any other reason the authorised officer considers appropriate.

(4)  The approval may be given subject to such conditions as are specified by the authorised officer.

(5)  The authorised officer is to write details of the approval on the permit concerned, together with any conditions subject to which the approval is given.

(6)  If part of a mob consists of stock fit to travel at the required travelling rate and other stock unfit to travel at that rate, an authorised officer of the authority concerned may:

(a)  order the unfit stock to be culled from the mob, or

(b)  give approval, subject to such conditions as are specified by the authorised officer, for those stock to travel at a slower rate.

(7)  The person in charge of stock ordered to be culled under this clause must ensure that the stock are immediately removed by vehicle or other appropriate means from the public road or travelling stock reserve on which they were travelling.

Maximum penalty: 10 penalty units.

(8) Fee for slower rate of travel
The fee payable for an approval to travel at a slower rate under this clause is:

(a)  for small stock—$2 per 100 head or less for each day of travel, and

(b)  for large stock—$2 per 10 or less large stock for each day of travel.

(9)  Any fee payable under subclause (8) is in addition to the fee payable under clause 44 for issue of a permit.

(10)  The owner or person in charge of stock which travel at a slower rate than the required travelling rate must ensure the appropriate fees are paid to the authority.

Maximum penalty: 10 penalty units.