Section 28 — Application — Local Land Services Act 2013 (New South Wales) — Barrister AI

Latest Cases Case Lookup LegislationBeta Notebook Research Briefs

Section 28 — Application — Local Land Services Act 2013 (New South Wales) — Barrister AI

All legislation

NSWAct

In force

Official source Save

This is the latest official compilation.Check the official source →

Ask a question about this ActPro

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

Section Whole Act

Back314 / 369Forward

28

Application

In force

28 Application

This Part sets out the clearing of native vegetation that is authorised on land for rural infrastructure to which this Part applies.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 27AWater supply and gas supply infrastructure Nexts 29Definition of “rural infrastructure”