Permit conditions

Conditions

The following permit conditions should be read as Schedule 2 of a Stock Permit – Grazing stock on a controlled travelling stock reserve. 

    General

1. The Permit Holder is only authorised to do the things specified in item 7 of Schedule 1 on the TSR described in item 1 of Schedule 1 (Permit description).
2. The Permit Holder must pay the fee specified in item 8 of Schedule 1 either:   
   a.    in full, before the permit is granted, or
   b.    in accordance with the payment schedule at Schedule 5.
3. The Permit Holder must advise LLS within 14 days, by email, of any changes to the contact details in items 4, 5 or 6 of Schedule 1.
4. The Permit Holder is not authorised to assign its rights under this permit.

5. The Permit Holder must comply with any order, requirement or directions made by or on behalf of LLS (including by any person acting as an Authorised Officer) under the Act, the Regulation or pursuant to any condition in this permit.

   Rights of access

6. The Permit Holder must not interfere with the public’s, including native title holder’s, lawful use of the TSR. 

7. The Permit Holder must allow travelling stock to have priority access to the TSR. For example, if an Authorised Officer or a person in charge of travelling stock provides a Notice requesting the Permit Holder to remove all stock from the TSR, the Permit Holder must comply with that Notice. 

   Fences and gates

8. The Permit Holder must maintain, at its own cost, existing fences and gates, including holding yards, to ensure they are stock proof.
9. The Permit Holder may erect temporary fencing to temporarily hold stock, but only:
   a.    If a sign is placed on the fence in a conspicuous location with the words:
       i.    The enclosed area of land is part of a TSR;
       ii.    Members of the public, are entitled to access the enclosed area of land in accordance with the Act (except in the Western Division); and,
       iii.    Native title holders are entitled to access the enclosed area of land; and,
   b.    It does not impede public access to the TSR, for example, by ensuring gates are available and accessible.

10. The Permit Holder may insist that gates on the TSR are closed, but not locked, to ensure control of stock. 

    Grazing and livestock management

11. The Permit Holder must not allow overgrazing to occur on the TSR.
12. The Permit Holder must remove or reduce stock numbers on the TSR when required to do so by an Authorised Officer. Without limitation, examples of when an Authorised Officer may make a requirement under this condition include emergencies and/or where the Authorised Officer reasonably considers that further grazing will degrade the TSR.
13. The Permit Holder must monitor Groundcover Vegetation to ensure it is maintained above __ % at least __ % of the time.
14. Note: An MLA Pasture Ruler will be used for the purpose of monitoring compliance and enforcement of this condition. To assist the Permit Holder to monitor Groundcover Vegetation, LLS will provide an MLA Pasture Ruler in the TSR User Handbook.
15. The Permit Holder must not graze stock on the TSR if Groundcover Vegetation falls below __ %.
16. The Permit Holder must not undertake substitute or supplementary feeding of stock on the TSR, except for dry-lick or block mineral supplementation. If there is inadequate feed available for stock on the TSR, the Permit Holder must remove the stock.
17. The Permit Holder must ensure that livestock on the TSR are in good condition and have continuous access to fresh water.
18. The Permit Holder must regularly monitor livestock on the TSR for signs of illness or distress. Should any ill or significantly distressed stock be discovered, the Permit Holder must report that discovery to an Authorised Officer of LLS within one working day.
19. The Permit Holder must provide immediate notice to an Authorised Officer of LLS upon discovering the carcass of any livestock on the TSR, regardless of whether that animal was under their care and/or control prior to its death. The Permit Holder must provide any information about the carcass requested by an Authorised Officer.

20. The Permit Holder must follow any directions given by an Authorised Officer in relation to the disposal of any animal carcass located on any part of the TSR covered by this permit. In addition to complying with any directions from an Authorised Officer regarding disposal of the carcass, the Permit Holder must remove it from the TSR as soon as practically possible and dispose of it in compliance with the Animal Carcass Disposal Primefact (NSW Department of Primary Industries, Primefact PUB21/202). To the extent that there is any conflict between directions given by an Authorised Officer under this condition and the Animal Carcass Disposal Primefact, the Authorised Officer’s directions prevail.

    Improvements

21. Permanent structures must not be erected on the TSR.
22. The Permit Holder may use existing Identified Improvements on the TSR, subject to the following:
    a.    the use facilitates the authorised things listed in Schedule 1; and 
    b.    the use is not prohibited by a Special Condition in this permit.
23. The Permit Holder may erect a Temporary Improvement on an agreed location on the TSR if the Permit Holder has:
    a.    obtained written approval of LLS for the Temporary Improvement
    b.    obtained any required development consent under the Environmental Planning and Assessment Act 1979, and
    c.    provided written notice of their intention to construct the Temporary Improvement. The written notice must be provided by email to LLS and it must be provided at least 30 days before the Temporary Improvement is erected.
24. Any Temporary Improvement becomes the property of the Permit Holder and must be removed by the Permit Holder before the Term expires or after the permit is relinquished, cancelled or revoked.
25. The Permit Holder must comply with any Notice given by an Authorised Officer to otherwise remove any Improvement.
26. If the Permit Holder or their stock cause damage to an Improvement on the TSR, the Permit Holder is responsible for the repairs, including the cost of repairs. Repairs must be completed within any time frame directed by an Authorised Officer.

27. The Permit Holder must maintain all Identified Improvements on the TSR, except those for which maintenance is prohibited by a Special Condition in this permit. 

    Aboriginal objects and Aboriginal places

28. In addition to complying with the requirements under the NSW National Parks and Wildlife Act 1974, the Permit Holder must immediately notify LLS by email of the discovery of any object or place which is (or may be) an Aboriginal Object (which includes Aboriginal remains) or Aboriginal Place within the TSR and must take every precaution not to remove or damage the Object or Place.

    Note: This permit does not authorise any activities that result in harm to an Aboriginal Object or Aboriginal Place. 

    Aboriginal Land Claims

29. In addition to the rights of LLS to cancel the permit under the Act, this permit is taken to be cancelled if an Aboriginal Land Claim is granted on the land subject to this permit.

    Heritage Items

30. In addition to complying with the requirements under the Heritage Act 1977, the Permit Holder must immediately notify LLS by email of the discovery of any Heritage Items within the TSR and must take every precaution not to remove or damage the item(s).
    
    Note: This permit does not authorise any activities that result in removal or damage of a Heritage Item.

    Environmental management 

31. The Permit Holder must take any measures which are reasonably necessary to prevent or mitigate any damage or disturbance to the natural landscape, animals and plants on the TSR caused by any activities the permit holder engages in on the TSR.  When determining what measures are reasonably necessary, permit holders must have regard to the contents of the TSR User Handbook, and also the contents of the Best Environmental Management Practice toolkit for Travelling Stock Reserves.

32. The Permit Holder must, whilst conducting activities on the TSR, comply with any requirements in any State or Commonwealth legislation which relate to the protection of the natural environment, including animals and plants. This includes (but is not limited to) the following legislation:
    a.    Rural Fires Act 1997 (NSW)
    b.    NSW National Parks and Wildlife Act 1974 (NSW)
    c.    Biosecurity Act 2015 (NSW)
    d.    Pesticides Act 1999 (NSW)
    e.    Pesticide Regulation 2017 (NSW)
    f.    Biodiversity Conservation Act 2016 (NSW)
    g.   Environment Protection and Biodiversity Conservation Act 1999 (Cth)

    The Permit Holder will be in breach of this condition at any time that LLS has reasonable grounds to determine that they have failed to comply with the relevant requirements in any State or Commonwealth legislation.

33. The Permit Holder must not burn any fallen or standing dead timber, or other material on the TSR, unless approved by an Authorised Officer. If approval is granted, the Permit holder must also obtain any necessary approval from the RFS.
34. The Permit Holder must not leave any rubbish or other waste products on or adjacent to the TSR. 

35. The Permit Holder must comply with any direction given by an Authorised Officer of LLS regarding the disposal of rubbish or waste material discovered on any part of the TSR covered by this permit.

    Returning stock to the TSR after a natural disaster

36. In addition to complying with obligations under the Rural Fires Act 1997, the Permit Holder must obtain Consent to allow stock to return to the TSR after a natural disaster.

    Water infrastructure

37. The Permit Holder must not modify water infrastructure, including cleaning silt out of dams, without written approval of the Authorised Officer.

    Biosecurity – Pest and weed management

38. The Permit Holder must manage and control pests and weeds on the TSR in accordance with the applicable LLS Regional Strategic Weed Management Plan, the applicable Regional Strategic Pest Animal Management Plans and the general biosecurity duty under the Biosecurity Act 2015 and compliance with the Pesticides Regulation 2017.  Weed management must be by methods that will not cause harm to the health of humans, animals or native vegetation.
39. The Permit Holder must obtain written approval from LLS prior to applying any chemical on or to the TSR and comply with any directions given by LLS regarding notification requirements, including the display of signage.

40. The Permit Holder is not authorised by this permit to use firearms on the TSR.  

    Costs of complying with conditions

41. The Permit Holder is responsible for its own costs of complying with these conditions, including any legislative obligations. 

    Obligations to notify LLS

42. The Permit Holder must immediately notify LLS, by emailing, if they become aware:
    a.    of unlawful activities occurring on the TSR, or 
    b.    of damage to the TSR, or
    c.    of damage to Improvements on the TSR.

    Water charges

43. The Permit Holder is responsible for paying for water usage charges as metered by Council for the TSR. LLS will invoice the Permit Holder the charges.

    Indemnity

44. The Permit Holder indemnifies LLS against all claims, demands, proceedings, liabilities, costs and expenses, loss or damage to property, death or injury occurring in, on or at the TSR that is brought against or incurred by LLS arising from or in connection with:
    a.    the Permit Holder’s access to and use of the TSR, except to the extent it is caused or contributed to by LLS’ negligence,
    b.    anything caused or contributed to by the act, omission, negligence or default of the Permit Holder or its contractors, employees, agents and invitees, and/or
    c.    the Permit Holder’s breach of this Stock Permit.

    Insurance

45. The Permit Holder must, at its own cost, hold public liability insurance of an amount of not less than $20,000,000 for any single occurrence, in accordance with s.73(2) of the Regulations. The public liability insurance must cover the TSR, and it must be held and maintained for the permit Term.

46. The Permit Holder must, if requested, provide LLS with:
    a.    evidence of the currency of the public liability insurance policy, and 
    b.    a copy of the public liability insurance policy.

    Cancellation

47. LLS, or the Permit Holder, may cancel or terminate this permit at any time by giving Notice in writing (or email).
    a.    The Notice to terminate the permit must include the date from which the termination will take effect and the reason for termination.  

Special conditions

NOTE – special conditions must be deleted prior to issuing the permit if they do not apply to the TSR or Permit 

1. The Permit Holder must not allow entire male stock on the TSR, unless authorised by an Authorised Officer.
2. The Permit Holder must not allow stock to lamb or calve on the TSR, unless authorised by an Authorised Officer.
3. The Permit Holder must place signs at each entrance to the reserve, clearly displaying the Permit Holder's name and contact telephone number. These signs must always be maintained in a visible and legible condition.   
4. The Permit Holder must not graze stock on the TSR within the areas marked on the Schedule 3 map <during insert months>.
5. The Permit Holder must not graze stock on the TSR during <insert months>.
6. The Permit Holder must not use the following Identified Improvements:
   a.    [insert here]
7. The Permit Holder must not undertake any maintenance on the following Identified Improvements
   a.    [insert here]

Annual report 

The Permit Holder must provide an annual report to LLS by email or before <<insert date>>. The annual report must be completed in the format provided by LLS at the commencement of the Permit. The annual report must include: 

• the total number of stock, including details of the animal type/s and class/es that were grazed on the TSR,  
• the number of days the stock grazed on the TSR for each quarter and estimate of groundcover percentage for the TSR at the end of each quarter,
• Other management activities carried out (such as fencing maintenance, watering point repair, or rubbish removal),
• photos from at least three identified points within the TSR. The points must be the same for each annual report.  
• the details of weed control undertaken, including chemical usage on the TSR:
  • chemical product/s,
  • application rate/s, and
  • date/s of application. 

The Permit Holder must not provide false or misleading information in the Annual Report.

Note: In addition to complying with these conditions, permit holders must comply with other legal obligations specified in relevant legislation.