Stock Route Network Management Bill 2016

Introduced: 3/11/2016By: Hon Dr A Lynham MPStatus: Lapsed

Regional Queensland Environment First Nations

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Plain English Summary

Overview

This bill replaces the 2002 Stock Route Management Act with a new framework for managing Queensland's 72,000km stock route network that runs through 44 local government areas. It puts local councils firmly in charge as day-to-day managers of the network, lets them keep all fees and fines they collect, and brings stock travel, grazing and pasture harvesting under a single Act instead of four.

Who it affects

Drovers, graziers and stock owners who use the network to move or feed livestock, landholders next to stock routes who must maintain fences, and the 44 local councils that will now approve and police all uses of the network.

Key changes

Councils become the sole issuer of approvals for travelling, grazing and harvesting on the network, and keep 100% of the fees and fines rather than sending half to the state
Six new approval types are created with a strict priority order - travelling stock always beats grazing, and grazing always beats pasture harvesting
Long-term grazing approvals can run up to 5 years on secondary stock routes and up to 1 year on primary routes, with new short-term, emergency and unfit-stock approvals
Natural heritage (including migratory bird sites) and cultural heritage (including Aboriginal cultural heritage sites) can be declared 'special interest areas' with maintenance conditions on approvals
Stronger enforcement - unauthorised stock on the network attracts up to 200 penalty units, failing a directions notice up to 400 penalty units, and authorised officers can seize, sell or destroy stray stock that threaten public safety
Temporary closures of the network are capped at 84 days (12 weeks) so councils cannot shut routes indefinitely

How this affects you

Regional Queensland

•Drovers and graziers deal with one local council instead of multiple state and council agencies when moving or feeding stock on the networkChapter 4Consolidates travel, grazing and harvesting approvals previously spread across the Stock Route Management Act, Land Act and transport Acts into a single council-issued approval system.
•Rural councils keep 100% of fees and fines they collect from stock routes and must spend that network money on maintaining watering points, yards and routes in their areaClause 126Where the funds have been derived from the network, the local government must use the funds for the administration, maintenance or improvement of the network and stock facilities.
•Graziers next to secondary stock routes can get long-term grazing approvals for up to 5 years, giving more certainty for farm planningClause 40Long-term grazing approvals can be issued for no more than 5 years over secondary stock routes or reserves.
•Landholders beside a stock route must keep a stock-proof fence, and if they don't an authorised officer can build or repair it and charge the cost back as a debt on the propertyClauses 60, 77The owner of the private land must maintain the fence in a stock-proof condition, with a maximum penalty of 400 penalty units, and unpaid fencing costs become a charge on the land as overdue rates.

Environment

•Natural heritage sites on the stock route network - such as habitat for endangered, vulnerable or near-threatened wildlife - can now be protected as special interest areasClauses 10, 13An area used by endangered wildlife, vulnerable wildlife or near threatened wildlife under the Nature Conservation Act can be declared a State special interest area.
•Councils can attach conditions to grazing and harvesting approvals to protect heritage features, or refuse to issue them if the network can't sustain the activityClauses 11, 14, 31Local government may impose a maintenance condition on an approval to maintain the feature of natural heritage or cultural heritage.
•Pasture harvesting becomes the lowest priority use of the network and only allowed where there is genuinely excess pasture, reducing the risk of over-grazing the landClauses 4, 37Harvesting approvals should only be granted where an area on the network contains sufficient pasture to warrant harvesting, after all higher uses of that area have been considered.
•Polluting water at a stock watering point, burning pasture without consent, or harvesting pasture without approval now attracts fines of up to 200 penalty unitsClauses 58, 59, 64Unauthorised harvesting of pasture, burning of pasture, and polluting water in water facilities each carry a maximum penalty of 200 penalty units.

First Nations

•Aboriginal cultural heritage sites along stock routes - including sites on the Aboriginal Cultural Heritage Database - can be declared 'state special interest areas' to protect them from stock and harvesting activityClause 13The responsible chief executive may decide to identify an area that contains a feature of cultural heritage as a State special interest area if the area is on the Aboriginal Cultural Heritage Database or a register under the Aboriginal Cultural Heritage Act 2003.
•The exact location of sensitive cultural heritage sites can be recorded in a generic way on the public register to avoid exposing them to harmClauses 10, 13If the responsible chief executive considers registering information about the special interest area may pose a risk of adversely affecting the area, the responsible chief executive may give the information in a way that minimises the risk.
•Native title is not affected by registering a road, route or reserve as part of the stock route networkClause 8Registration of the road, route or reserves does not affect (extinguish or suppress) native title as the registration does not change the tenure of the land.
•Native Title representative bodies and Aboriginal groups were consulted directly during the development of the billIn developing the Bill, the Department of Natural Resources and Mines has consulted extensively with key stakeholder groups—the LGAQ, local governments, AgForce, drovers, conservation organisations and Native Title representative bodies.

Bill Journey

Introduced3 Nov 2016View Hansard

First Reading3 Nov 2016View Hansard

▸Committee3 Nov 2016View Hansard

Referred to Infrastructure, Planning and Natural Resources Committee

Infrastructure, Planning and Natural Resources Committeeportfolio

Committee Inquiry

Report No. 41, 55th Parliament - Stock Route Network Management Bill 2016(bill)

Committee Findings

Did not recommend passage

The Infrastructure, Planning and Natural Resources Committee examined the bill over four months, receiving seven submissions and holding public hearings in Brisbane, Boulia, Longreach, and Emerald. The committee recommended the bill not be passed in its current form, finding that the department should first develop and consult on the State Management Plan and the regulation, and undertake an updated regulatory impact statement. The committee considered the previous RIS, based on the 2011 bill, was inadequate because the current bill used a different fee structure methodology.

Key findings (5)

Queensland's stock route network covers about 72,000 kilometres across 44 local government areas and is vitally important for the pastoral industry, particularly during drought
A significant shortfall exists between network access fees and maintenance costs, with some councils recovering as little as 4 per cent of their costs from network users
The Local Government Association of Queensland identified that managing pasture sustainability represented a 'significant challenge' for local governments, requiring specialised knowledge and resources that many councils lack
Stakeholders in remote areas raised concerns that increased fees could lead to land degradation as landholders increase carrying capacity to cover costs
The committee found no clear process in the bill for landowners or councils to apply to have unused stock routes removed from the network register

Recommendations (1)

The committee recommends the Stock Route Network Management Bill 2016 not be passed in its current form until the department has developed and consulted on the State Management Plan and the regulation, and undertaken an updated regulatory impact statement.

Dissenting views: Non-government members filed a Statement of Reservation, however the text was not extractable from the PDF as it appears to have been scanned as images rather than text.

AI-generated summary — may contain errors

Committee Report7 Mar 2017

Committee report tabled

Second Reading

Lapsed29 Oct 2017

Referenced Entities

Sectors Affected

Agriculture Conservation Land Management Local Government Indigenous Affairs

Classified using AGIFT/ANZSIC Australian government standards

Stock Route Network Management Bill 2016

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

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