Commons Management Act 1989

Until cancelled by the Minister under section 28, there shall be taken to be adopted under section 27 in respect of every existing common a management plan which contains the following provisions:

the commoners may use the common only for the pasturage or watering of their cattle or other stock,

with the permission of the trust concerned and subject to payment to that trust of any applicable charge fixed by the by-law in force in respect of the common, the commoners are entitled to take from the common fallen timber or underwood,

a person who is a genuine carrier, teamster, traveller or drover has a right to use the common for pasturing animals that the person is using for carriage or riding or is actually driving.

The right conferred by subclause (1) (c) is for a period not exceeding 3 consecutive days or such extended period as may be necessitated by rain or flood on or in the vicinity of the common.

The trust concerned may, on payment of the prescribed fee:

allow animals referred to in subclause (1) (c) to continue to use the common for pasturage for a period longer than that allowed by subclause (2) but not exceeding 7 days in any period of 6 months, or

in the case of any travelling stock other than that referred to in subclause (1) (c), allow that stock to use the common for pasturage for a period not exceeding 7 days in any period of 6 months.

If any such stock or other animals remain on the common after the period prescribed by subclause (2) or allowed under subclause (3), the trust concerned or an employee or agent of that trust may impound those animals.

A drover of travelling stock is not entitled to exercise the right to depasture that stock on an existing common unless the drover has given to the trust established for the common, or to an employee or agent of the trust, a notice similar to that which a drover would be required to give to the owner or occupier of land through which the drover intends to drive stock.

The Minister:

may, by notice published in the Gazette, declare a specified part of an existing common to be closed for the pasturage of stock or other animals referred to in subclauses (1) (c) and (3), and

may, by notice so published, vary the boundaries of the part of the common specified in a notice published in accordance with this subclause.

The Minister may exercise the powers conferred by subclause (6) only on the application of the trust concerned.

The Minister may, by notice published in the Gazette, revoke a notice published in accordance with subclause (6).

If:

a notice has been published in the Gazette in accordance with subclause (6), and

the boundaries of the part of the common specified in the notice have been adequately fenced,

A notification published in the Gazette under section 25 of the former Act and in force immediately before the repeal of that section by this Act continues to have effect:

as if it were a notice published in the Gazette in accordance with subclause (6) (a), and

where the boundaries of the part of the common have been varied under that section, as if those boundaries had been varied in accordance with subclause (6) (b).