Do I need a permit to move my stock?
The Local Government Act (1993) contains no provisions in relation to the moving of stock. It is at the discretion of Councils through their individual By-laws and policies that determines whether a permit is required.
A permit is not required unless you are leading livestock on a national highway. Permits are issued and enforced by the Tasmania Police.
Are they any special requirements when I am moving stock?
The Road Rules 2009 has special provisions that must be followed when leading livestock across public roads. These include having two people lead the stock (one at the front and one at the rear) for main roads, or one person assisted by a sheep dog or cattle dog for other kinds of roads. (See Rule 359 of the Road Rules 2009 for details).
Due care should be exercised at all times when leading stock on roads to ensure the safety of the road environment.
When can I move my stock?
According to the Road Rules 2009, the moving of livestock can only be undertaken during daylight hours (the period extending from 30 minutes after sunrise to 30 minutes before sunset). Stock cannot be led on a road at night except in the case of an emergency, or to lead the stock to or from a dairy. A person leading livestock at night must provide warning to other road users by means of a flashing or rotating amber light. (See Rule 358 of the Road Rules 2009 for details)
The Local Government Act (1993) does not contain any provisions for when stock can be moved.
Am I responsible for any mess my stock make on the roads?
In a word, YES. The Roads and Jetties Act 1935 prohibits the deposit of "timber, stone, hay, straw, dung, lime, soil, ashes, or other like matter or thing, or any rubbish upon any road."
How do I choose a stock crossing site?
The Local Government Act (1993) has no criteria for the selection of a stock-crossing site. People are encouraged to be guided by common sense regarding topography and visibility. People should select a crossing site that provides adequate visibility to approaching motorists where possible. This should be 200 metres before the crossing site, otherwise the person should give approaching drivers effective and sufficient warning. (See Rule 357 of the Road Rules 2009 for details)
Does my regular crossing site require Council permission?
The Local Government Act (1993) has no provisions for the selection of a stock crossing site.
Individual councils may require consultation with their animal control officer or their road authority personnel concerning a stock crossing site which is to be used on a regular basis.
How do I warn other road users?
Approaching drivers should be able to see the livestock for at least 200 metres before reaching the animals. If topography, vegetation or structures make this impossible, you must give other road users sufficient warning that they are approaching stock e.g. a yellow sign with the words 'Stock Ahead' or a flashing or rotating amber light. (see Rule 357 of the Road Rules 2009 for details).
Can my stock graze along the roadside?
The Local Government Act (1993) does not provide for the grazing of animals on Council roads. It is at the discretion of Councils through their individual By-laws and policies that it is determined where animals might graze.
The grazing of an animal in a public reserve, or any area under council control is not generally permitted except in areas provided for this type of activity, where signs or notice boards indicate that it is allowed, or with prior written permission from the General Manager. Failure to do so could result in a fine.
The Dorset Council's Reserves, Recreation Grounds and Caravan Parks Bylaw No 4 of 2003, does not permit any horse or stock to be in, graze or stray in any park or recreation areas unless authorised to do so by a permit issued by the General Manager. Failing to follow this requirement may result in a fine of up to $140 for each individual offence.
Dorset Council does not have a specific By-law relating to this subject, however stock owners are encouraged to use common sense in relation to the grazing of stock and should be mindful that grazing along roadsides should be minimised at all times. Further clarification can be obtained from the Animal Control Officer at the Council.
Can my animals be impounded by the Council?
Under the Local Government Act (1993) a council may impound any animal found straying or at large on any highway or on any land owned by, or under the control of, the council. The Law of Animals Act (1962) also impacts on impounding animals and should also be referred to for legal obligations and responsibilities. Individuals should contact their local animal control officer for further details.
What if stock has strayed onto my property?
The Law of Animals Act (1962) contains provisions about what to do if the above mentioned occurs. In the first instance you should contact your local police station to let them know that you have detained a trespassing animal.
Under the Animal Welfare Act 1993 there are legislation requirements about how to treat the intruding animal in your charge. You are required to take all reasonable measures to ensure that the welfare of the animal is maintained. If a more comprehensive explanation of your legal obligations and responsibilities in this situation you should contact your local animal control officer.
What is a grazing lease?
Many of the grassy open eucalypt forest and woodland communities of Tasmania on both private and public land are subjected to grazing by domestic livestock. This 'rough grazing' or the grazing of 'native pastures' has a long history in Tasmania.
Leases or licences to use Crown land are obtainable through the Department of Primary Industries, Water and Environment (DPIWE), if the intended use is compatible with the reasons why the Government is continuing to own the land. Examples of leased and licensed occupation of Crown land include:- grazing, marine structures, and fish processing factories. These are governed by the Crown Lands Act 1976 and Crown Lands Regulations 2001, and can be viewed at the Tasmanian Legislation web site.
Forestry Tasmania manages informal agistment licences for farmers wishing to use State Forest lands for grazing purposes. These are obtainable from Forestry Tasmania Head Office, 79 Melville Street, Hobart.
Similar arrangements are available for areas owned by Hydro Tasmania and for more information regarding these contact them at 4 Elizabeth Street, Hobart.
Public Liability Insurance
Farmers are urged to consider that the cover provided to councils under their Insurance scheme does not extend to liability incurred by farmers who graze their stock on roadsides.
For more information please contact John Marik on (03) 6352 6500.