Section 11 — Presiding member — Local Land Services Act 2013 (New South Wales) — Barrister AI

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Section 11 — Presiding member — Local Land Services Act 2013 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects of Act s 4Meaning of “local land services” and “State priorities for local land services”s 5Interpretation s 6Regions s 7Abolition, establishment, amalgamation or change of name or boundaries of regions s 8Constitution of Local Land Services s 9Status of Local Land Services s 10Control and management of Local Land Services s 11Ministerial control s 12Control and direction in emergency responses s 13Staff of Local Land Services s 14Functions generally s 15Memorandum of understanding s 16Delegation of Local Land Services functions s 17Delegation of Ministerial functions s 18Delegation of Secretary’s functions s 19Local Land Services Fund s 20Payments into and from Fund s 21Investment powers in relation to Fund s 22Fees for services s 23Annual reporting information to include certain matters s 24Audit of Local Land Services s 25Establishment of Local Land Services Board s 26Functions of the Board s 26AChair of Local Land Services Board s 27Local boards s 28Status of local boards s 29Functions of local boards s 30Local annual reports s 31Delegation of local board’s functions s 32Keeping Board informed s 33Local community advisory groups s 34Conduct of Board and local board members s 35Codes of conduct s 36Purpose and term of State strategic plan s 37Preparation of draft State strategic plan s 38Contents of draft State strategic plan s 39Consultation on draft State strategic plan s 40Submission of draft State strategic plan for approval s 41Approval of draft State strategic plan s 42Publication of State strategic plan s 43Amendment, replacement or revocation of plans s 44Periodic review and auditing of plans s 45Purpose and term of local strategic plans s 46Preparation of draft local strategic plans s 47Contents of draft local strategic plans s 48Consultation on draft local strategic plan s 49Review of draft local strategic plan by Local Land Services s 50Submission of draft local strategic plans for approval s 51Approval of draft local strategic plans s 52Publication of local strategic plans s 53Amendment, replacement or revocation of plans s 54Periodic review and auditing of local strategic plans s 55When is a holding within a region?s 56What is rateable land?s 57Imposition of rates, levies and contributions s 58Annual returns of land and stock s 59Change of occupier after lodgment of return s 60Duty to supply information in respect of land or stock s 60ARural areas of State to which Part applies s 60BMeaning of “native vegetation”s 60CMeaning of “clearing” native vegetation s 60DOther definitions s 60EPurpose of native vegetation regulatory map s 60FTransitional arrangement until preparation of maps s 60GResponsibility for preparation and publication of maps s 60HCategory 1-exempt land mapping s 60ICategory 2-regulated land mapping s 60JMatters relating to determination of mapped category of land s 60KRe-categorisation of mapped land s 60LReview of categorisation decisions s 60MAppeal against categorisation or re-categorisation decisions s 60NUnauthorised clearing of native vegetation in regulated rural areas—offence s 60OClearing authorised under other legislation s 60PLimitation on planning instruments requiring consent for clearing only s 60QAllowable activities clearing—Schedule 5A s 60RAmendment of Schedule 5A s 60SAuthorised clearing by landholders under codes s 60TResponsibility for preparation and making of codes s 60UPublic consultation on proposed codes s 60VAmendment or repeal of codes s 60WContent of codes s 60XNotice to Local Land Services of clearing s 60YCertification by Local Land Services prior to clearing—general s 60ZVoluntary and mandatory code compliant certificates s 60ZALimitation on issue of mandatory code compliant certificates s 60ZBAuthorised code variation certificates s 60ZCProvisions relating to set aside areas s 60ZDDefinitions: Division 6 s 60ZEThe Panel s 60ZFObtaining approval for clearing of native vegetation s 60ZGBiodiversity development assessment report and retirement of biodiversity credits s 60ZHRegulations and application of planning approval provisions to approvals under this Division s 60ZIModification of approvals under this Division s 60ZJAppeal against approval decisions s 60ZKMiscellaneous provisions relating to approvals s 60ZLSEPP may apply approvals under this Division to the clearing of native vegetation on urban land s 60ZMEnforcement under Biodiversity Conservation Act 2016 s 60ZNLocal Land Services to report on rates of allowable clearing s 60ZOLocal Land Services to maintain public information registers in relation to native vegetation management s 60ZPRegulations: Part 5A s 60ZQDefinitions: Part 5B s 60ZRObjects of Part s 60ZSArea of State to which this Part applies s 60ZTResponsibility for preparation and making of codes s 60ZUPublic consultation on proposed codes s 60ZVAmendment or repeal of codes s 60ZWAuthorised private native forestry operations s 60ZXLandholders may submit draft private native forestry plans s 60ZYApproval of private native forestry plans by Local Land Services s 60ZZDuration, variation and termination of private native forestry plans s 60ZZAOffence of contravening requirements of plan or code of practice s 60ZZBEnforcement functions of EPA s 60ZZCRegulations: Part 5B s 61Definitions s 62Vesting care, control and management of certain travelling stock reserves in Local Land Services s 63Withdrawal of care, control and management from authority s 64Withdrawal of land required for public purpose from travelling stock reserve s 65Compensation for improvements made before withdrawal s 66Removal or destruction of timber s 67Use of felled timber s 68Licences to remove timber s 69Relationship to other Acts s 70Closure orders s 71Notice of closure s 72Unauthorised uses of travelling stock reserves s 73Unauthorised use of public roads s 74Authorised use of travelling stock reserves for recreational activities s 75Certain occupiers of land to have a right of access over travelling stock reserves s 76Appeal about right of way conditions s 77Reserve use permit s 78Stock permits authorising certain uses of travelling stock reserves and public roads s 79Applications for stock permits and reserve use permits s 80Duration of stock permits and reserve use permits s 81Cancellation or suspension of stock permits and reserve use permits s 82Classes of stock permits and reserve use permits s 83Conditions of stock permits and reserve use permits s 84Movement and grazing of stock authorised by stock permits must comply with Act and regulations s 85Stock permits controlled for adjoining regions s 86Appeals concerning the issue, cancellation or suspension of permits s 87Compensation s 88Definitions s 89Application of Division s 90Exclusion of Dividing Fences Act 1991 s 91Owner of land adjoining travelling stock reserve may be required to carry out fencing work s 92Fencing notice to specify contributions payable s 93Costs of fencing work s 94Compliance notice—fencing s 95Application to Civil and Administrative Tribunal s 96(Repealed)s 97Civil and Administrative Tribunal may allow time for payment s 98(Repealed)s 99Powers of Local Land Services with respect to fences s 100Local Land Services not liable for use of pesticides or chemicals on reserves s 101Local Land Services not liable for injury attributable to diseased travelling stock s 102When may Local Land Services impound bees or beehives placed or kept on a controlled travelling stock reserve?s 103Orders for mustering of stock s 104Power of Local Land Services to recover compensation in respect of damage caused to or on controlled travelling stock reserve s 105Exemption power—Local Land Services s 106Declaration of stock watering places s 107Declaration of stock watering place as town water supply s 108Which bodies are to be controlling authorities of stock watering places?s 109Controlling authority may construct water storage works s 110Compensation for improvements on former stock watering place s 111Leases of stock watering places s 112Controlling authority and lessee to supply water to certain persons and stock s 113Offence to damage stock watering place s 114Definitions s 115Unattended stock s 116Offence of causing or permitting stock to be on a public road, travelling stock reserve or public land without authority s 117Release of impounded stock s 118Definitions s 119Stock transportation particulars s 120Restrictions on the transport of stock by vehicle on road s 121Restriction on the consignment of stock by rail, water or air transport s 122Records of transported stock statements to be retained s 123Powers to stop and search vehicles transporting stock s 124Person in charge of vehicle transporting stock to give name and other particulars s 125Stock Transportation Accreditation Committee s 126Application for accreditation s 127Approval of form of transported stock statement s 164Power of entry s 165Purposes for which powers under Part may be exercised s 166Effect on other functions s 167Authorised officers s 168Scope of authority s 169Identification s 170Time of entry s 171Entry into residential premises only with permission or warrant s 172Powers of authorised officers to do things on premises s 173Notice of entry s 174Use of force s 175Notification of use of force or urgent entry s 176Care to be taken s 177Compensation s 178Search warrant s 179Authorised officer may request assistance s 180Offence: obstructing authorised officer s 181Offence: impersonating authorised officer or other authorised person s 182Sale of land for unpaid amounts owing to Local Land Services s 183Recovery of rates, charges, fees and other unpaid amounts s 184Accrual of interest on overdue rates, charges and other amounts s 185Special provision with respect to recovery of unpaid rates and charges s 186Rebates, waiver, refund or writing off of rates, charges and other amounts s 187Proceedings for offences s 188Time within which summary proceedings may be commenced s 189Penalty notices s 190Penalties belong to Local Land Services s 191Court may order payment of additional penalty in certain cases s 192Offences relating to provision of information in relation to certain matters s 193Onus of proof concerning reasonable or lawful excuse s 194General description of land sufficient for purposes of legal proceedings s 195Legal proceedings against an occupier or owner whose name is unknown s 196Jurisdiction of court or NCAT not to be ousted in certain proceedings s 197Proof of certain matters not required s 198Appointment of administrator of all or some functions of Local Land Services s 199Appointment of administrator of all or some functions of local boards s 200Provisions applicable to administrators s 200AContributions towards management of pests under Biosecurity Act 2015 s 201Acquisition of land s 202Entry on land for construction of works and other purposes s 203Certificate as to rates, charges and other matters s 204Owner of stock may be ordered to muster stock s 205Personal liability s 206Regulations s 207(Repealed)s 208Exemptions s 209Service of documents s 210(Repealed)s 211Review of Act (other than native vegetation provisions)s 212Review of native vegetation provisions of this Act s 1Definitions s 2Terms of office of members of local board s 3Chair of local board s 4Filling of vacancy in office of member s 5Application of Division s 6Vacancy in office of member s 7Suspension of members s 8Part-time appointments s 9Remuneration s 10Effect of certain other Acts s 11General procedure s 12Quorum s 13Presiding member s 14Voting s 15Transaction of business outside meetings or by telephone s 16Disclosure of pecuniary interests s 17First meeting s 1Term of office s 2Basis of office s 3Employment and remuneration s 4Vacancy in office s 5Chair not Public Service employee s 6Acting Chair s 1Definition s 2Registration of compliance notices in relation to land s 3Charge on land subject to compliance notice s 4When charge ceases to have effect s 5Charge subject to existing encumbrances s 6Registration of charge is notice s 1Acting administrator s 2Vacation of office s 3Effect of certain other Acts s 4Expenses of administrator s 5Administrator not liable for losses incurred during administration s 1Definition s 2Overdue rates and charges s 3Sale of land for unpaid rates and charges s 4Estate and interest of the Crown in land s 5Notice of proposal to sell land s 6Sale of land by public auction s 7Payment of purchase money s 8Application of purchase money s 9What if the purchase money is less than the amounts owing?s 10What if the purchase money is more than the amounts owing?s 11Apportionment of rates on subdivided land s 12Conveyance or transfer of land s 13Land is conveyed free of certain interests s 14Special provisions concerning leases of land owned by the Crown s 15Transfers not invalid because of procedural irregularities s 16Registration of transfer of land under Real Property Act 1900 s 1Application s 2Only landholders authorised to clear s 3The allowable activity zones s 4Definition of “small holding”s 4AMeaning of “private native forestry code of practice” and “private native forestry plan”s 5Measurement of maximum distances for clearing s 6No stacking of maximum distances for clearing s 7Clearing only to minimum extent necessary s 8Separate items of infrastructure to be constructed so as to reduce overall distance of clearing s 9Clearing for maximum distance that straddles different holdings s 10Local Land Services may increase maximum clearing distances s 11Exclusion of land subject to remediation direction, stop work order etc s 12Application s 13Imminent risk s 14Construction timber s 15Collection of firewood s 16Exempt farm forestry s 17Planted native vegetation s 18Traditional Aboriginal cultural activities s 19Environmental protection works s 20Public works s 21Gravel pits s 22Telecommunications infrastructure s 23Private power lines s 24Electricity transmission infrastructure s 25Sustainable grazing s 25AMulga species used for stock fodder on landholding s 26Airstrips s 27Firebreaks s 27AWater supply and gas supply infrastructure s 28Application s 29Definition of “rural infrastructure”s 30Clearing for construction, operation or maintenance of rural infrastructure allowable s 31Maximum authorised clearing for rural infrastructure s 32Landholders of large holdings may be authorised to use allowable activities rules applicable to adjoining zones s 33Stockyards s 34Application s 35Clearing that is authorised s 36Limitation on clearing under this Part in relation to soil erosion s 1Definitions s 2Terms of office of members s 3Part-time office s 4Remuneration of members s 5Alternate members s 6Removal from office of members s 7Vacancy in office of member s 8Effect of certain other Acts s 9General procedure s 10Quorum s 11Presiding member s 12Voting s 13Transaction of business outside meetings or by telephone etc s 14Disclosure of pecuniary interests s 15Provision of information by Panel s 16Exclusion of personal liability s 1Regulations s 2Definitions s 3Local Land Services Regulation 2014 s 4Abolition of former corporate and statutory bodies s 5Interim boards s 6Staff s 7Rates, catchment contributions and other amounts outstanding under former Acts to remain payable s 8State Council’s Fund and funds of livestock health and pest authorities and catchment management authorities s 9Assessment of carrying capacity under former RLP Act to continue to have effect s 10Catchment action plans and local strategic plans s 11Authorised officers s 12Existing travelling stock reserves and stock watering places s 13Existing permits relating to stock s 14Right of way conditions and directions to make improvements s 15Fencing notices s 16Stock Transportation Accreditation Committee s 17Notices served under former Acts s 18Documents prepared for the purposes of former Acts s 19Noxious insects, noxious animals and pest animals s 20Definition s 21Continuation of instruments and powers under repealed provisions s 22Continuation of regulations s 23Obligations under repealed provisions continue to apply s 24General saving s 25Repeal of Part 10 s 26Definitions s 27Private native forestry plans approved or pending under the former PNF provisions s 28Saving of previously registered plans that run with land s 29Saving of existing PNF codes of practice s 30Proceedings for certain offences DictionaryDictionary

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11

Presiding member

Current

11 Presiding member

(1)

The chairperson is to preside at a meeting of the Panel.

(2)

The chairperson has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

This Act’s bill:Explanatory memorandum Second reading speech

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