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Contents (2013 - 51)
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Local Land Services Act 2013 No 51
Current version for 2 August 2019 to date (accessed 27 January 2020 at 23:27)
Part 6 Division 5
Division 5 Use of travelling stock reserves and public roads
72   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.
73   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 an order, biosecurity direction, permit or biosecurity zone regulation under the Biosecurity Act 2015 or in any other circumstances prescribed by the regulations for the purposes of this subsection.
74   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 Local Land Services 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 Local Land Services,
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 the following persons if the death or injury arises in connection with the exercise by Local Land Services of its functions—
(a)  a member of the Board,
(b)  a member of a local board,
(c)  a member of staff of Local Land Services.
75   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 Local Land Services in a particular case.
(3)  Local Land Services 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 Local Land Services, and must if directed to do so by Local Land Services 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.
76   Appeal about right of way conditions
(1)  An occupier of land may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services to impose a condition or direct the making of any improvement under section 75.
Note.
 An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.
(2)  The appeal must be made within 28 days of receipt of notice of the decision or direction.
(3)  On hearing the appeal, the Tribunal may—
(a)  revoke the decision or direction, or
(b)  confirm the decision or direction.
(4)    (Repealed)
77   Reserve use permit
(1)  Local Land Services 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 a region for the purpose of establishing and maintaining an apiary or for any other purpose.
(2)  A reserve use permit must specify the days, or times of day, or both, that the activity, or occupation or use, is authorised.
(3)  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 74, or
(c)  for any purpose prescribed by the regulations for the purposes of this section.
(4)  A reserve use permit is to be in the approved form.
78   Stock permits authorising certain uses of travelling stock reserves and public roads
(1)  An authorised officer of Local Land Services 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 (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 Land Management Act 2016.
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.
79   Applications for stock permits and reserve use permits
(1)  An application for a permit is to be made to Local Land Services 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 77 (1))—the fee (if any) determined by Local Land Services 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 78 (2) (c))—the fee (if any) determined by Local Land Services 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 78 (2) (d))—the fee (if any) prescribed by the regulations in respect of the permit, or such lesser amount as may be determined by Local Land Services in accordance with subsection (3), 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 78 (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 Local Land Services 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 Local Land Services in accordance with subsection (3), 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 Local Land Services in accordance with subsection (3), has been paid or arrangements have been made for payment of the fee or the lesser amount after issue of the permit.
(3)  For the purposes of subsection (2), any lesser amount determined by Local Land Services 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.
(4)  Local Land Services must display in a conspicuous place in its office the fees prescribed by the regulations or determined by Local Land Services as payable for applications for permits.
(5)  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.
(6)  If Local Land Services 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 Local Land Services (as referred to in subsection (2) (d) (i)) and such an auction, public tender or determination by other means occurs, Local Land Services may not accept the fee or lesser amount (as referred to in subsection (2) (d) (ii)) for the permit.
80   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.
81   Cancellation or suspension of stock permits and reserve use permits
(1)  A permit may be cancelled or suspended by Local Land Services at any time by notice in writing given to the permit holder.
(2)  The notice is to state the grounds for cancellation or suspension of the permit.
(3)  Without limiting the grounds on which Local Land Services may cancel or suspend a permit, Local Land Services 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.
82   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.
83   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)  Local Land Services 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.
84   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 191 (Court may order payment of additional penalty in certain cases).
85   Stock permits controlled for adjoining regions
If a boundary of 2 regions 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 regions, the walking or grazing of stock is taken to be authorised for so much of the other region as comprises the road or reserve.
86   Appeals concerning the issue, cancellation or suspension of permits
(1)  An applicant for a permit may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services to refuse to issue a permit.
Note.
 An appeal to the Civil and Administrative Tribunal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.
(2)  The holder of a permit may appeal to the Civil and Administrative Tribunal against a decision of Local Land Services 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 Local Land Services 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 Civil and Administrative Tribunal 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 the permit, or
(c)  revoke the decision to cancel or suspend the permit, or
(d)  confirm the decision to cancel or suspend the permit.
(6)    (Repealed)
87   Compensation
If the Civil and Administrative Tribunal revokes the decision of Local Land Services to cancel or suspend a permit, the Tribunal may, on application of the holder of the permit, order Local Land Services to pay compensation to the holder for any loss arising out of the cancellation or suspension.
Note.
 A party to proceedings before the Tribunal under this section may appeal to the Land and Environment Court under Schedule 1 to the Civil and Administrative Tribunal Act 2013.