Local Land Services Act 2013

This Act is the Local Land Services Act 2013.

This Act commences on 1 January 2014, except as provided by subsection (2).

The following provisions commence on a day to be appointed by proclamation—

sections 6 and 7 and Schedule 1,

clauses 5 and 6 of Schedule 6.

The objects of this Act are as follows—

to establish a statutory corporation (to be known as Local Land Services) with responsibility for management and delivery of local land services in the social, economic and environmental interests of the State in accordance with any State priorities for local land services,

to establish a governance framework to provide for the proper and efficient management and delivery of local land services,

to establish local boards for the purpose of devolving management and planning functions to regional levels to facilitate targeted local delivery of programs and services to meet community, client and customer needs,

to require decisions taken at a regional level to take account of State priorities for local land services,

to ensure the proper management of natural resources in the social, economic and environmental interests of the State, consistently with the principles of ecologically sustainable development (described in section 6 (2) of the Protection of the Environment Administration Act 1991),

to apply sound scientific knowledge to achieve a fully functioning and productive landscape,

to encourage collaboration and shared responsibility by involving communities, industries and non-government organisations in making the best use of local knowledge and expertise in relation to the provision of local land services,

to establish mechanisms for the charging of rates, levies and contributions on landholders and fees for services,

to provide a framework for financial assistance and incentives to landholders, including, but not limited to, incentives that promote land and biodiversity conservation.

In this Act, local land services means programs and advisory services associated with agricultural production, biosecurity, natural resource management and emergency management, including programs and advisory services associated with the following—

agricultural production,

biosecurity, including animal pest and disease and plant pest and disease prevention, management, control and eradication,

preparedness, response and recovery for animal pest and disease and plant pest and disease emergencies and other emergencies impacting on primary production or animal health and safety,

animal welfare,

chemical residue prevention, management and control,

natural resource management and planning,

travelling stock reserves and stock watering places,

control and movement of stock,

related services and programs.

In this Act, State priorities for local land services includes any State-wide standards and targets, and any State and national priorities, for agricultural production, biosecurity, natural resource management or emergency management—

identified in a State Government policy or plan or an intergovernmental agreement, or

as advised by the Minister.

Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.

Note.

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

Notes included in this Act do not form part of this Act.

For the purposes of this Act, the State is divided into the regions described or identified in Schedule 1.

The Minister may, by order published on the NSW legislation website, amend Schedule 1 for any of the following purposes—

to establish a region,

to abolish a region,

to amalgamate two or more regions,

to change the name of a region,

to change the boundaries of a region.

Any such order may contain savings and transitional provisions (including provisions relating to the membership of local boards for a region pending elections).

The boundaries of each region may be described or identified in Schedule 1 by reference to a local government area or in any other manner (including by reference to a map or other description).

There is constituted by this Act a body corporate with the corporate name of Local Land Services.

Note.

Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.

Local Land Services is a NSW Government agency.

All decisions relating to the functions of Local Land Services are to be made by or under the authority of the Board.

The Chief Executive Officer is responsible for the day-to-day management of the affairs of Local Land Services, subject to the policies and directions of the Board.

Any act, matter or thing done in the name of, or on behalf of, Local Land Services by or under the authority of the Board or the Chief Executive Officer is taken to have been done by Local Land Services.

Note.

Local Land Services may delegate its functions under section 16.

Local Land Services is subject to the control and direction of the Minister in the exercise of its functions.

The Board must—

immediately give the Minister written particulars of any decision of Local Land Services to acquire or dispose of a significant asset or to commence or cease to carry out a significant activity, and

keep the Minister informed of the activities of Local Land Services, and

give the Minister such reports, documents and information in relation to Local Land Services as the Minister may from time to time require within the time limit set by the Minister.

The Minister may give written guidelines to the Board that are to be used by the Board in deciding whether particulars are required to be given under subsection (2).

In this section—

emergency has the same meaning as in the State Emergency and Rescue Management Act 1989 and includes the actual or imminent occurrence of an animal or plant disease or animal or plant pest.

The Secretary may, if satisfied that governmental action is required for the purposes of this Act to respond to an emergency that affects one or more specified regions or parts of regions, by order in writing given to the Chair of the Local Land Services Board—

declare that the Secretary has assumed responsibility for controlling the actions of Local Land Services for the purposes of responding to the emergency, and

require the Chair to ensure that Local Land Services and its staff comply with any directions that the Secretary issues to Local Land Services and its staff.

Local Land Services and its staff are to comply with any such direction while the order under subsection (2) is in force.

The order is to specify the general nature, location and extent of the emergency.

The order takes effect as soon as it is given and continues to have effect until revoked by the Secretary.