Important information concerning the interpretations of legislation and other policies contained in this page. It is recommended that the Disclaimer be read in conjunction with the information provided.
The rules relating to stock crossings and the movement of livestock are contained within Traffic (Road Rules) Regulations 1999 and are enforced by the Tasmanian Police Force.
FREQUENTLY ASKED QUESTIONS:
- What is the definition of livestock?
- Do I need a permit to move my stock?
- Are there any special requirements when I am moving stock?
- When can I move my stock?
- Am I responsible for any mess my stock make on the roads?
- How do I choose a stock-crossing site?
- Does my regular crossing site require council permission?
- How do I warn other road users?
- Can my stock graze along the roadside?
- Can my animals be impounded by the council?
- What if stock has strayed onto my property?
What is a grazing lease?
1. What is the definition of livestock?
'Livestock' as defined by the Traffic (Road Rules) Regulations 1999 includes but is not limited to, horses, cattle, swine, sheep, goats and deer.
2. Do I need a permit to move my stock? Return to top of page
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 Tasmanian Police.
3. Are there any special requirements when I am moving stock? Return to top of page
The Traffic (Road Rules) Regulations 1999 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 section 365 of the Regulations)
Due care should be exercised at all times when leading stock on roads to ensure the safety of the road environment.
4. When can I move my stock? Return to top of page
According to the Traffic (Road Rules) Regulations 1999 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.
Local Government Act (1993) does not contain any provisions for when stock can be moved.
5. Am I responsible for any mess my stock make on the roads? Return to top of page
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."
Individual councils may have a by-law prohibiting the dropping of any material, liquid and animal droppings or any other offensive or noxious substances. Check with your local animal control officer.
8. How do I warn other road users? Return to top of page
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. The Traffic (Road Rules) Regulations 1999 (see Section 363).
9. Can my stock graze along the roadside? Return to top of page
The Local Government Act (1993) is not specific in relation to where animals may graze. 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 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 Kingborough Council's "Parks, Recreation and Natural Areas By-Law No 3 of 2001", 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.
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 clarifications can be obtained from the Community Development Department on 6211 8275.
10. Can my animals be impounded by the council? Return to top of page
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.
11. What if stock has strayed onto my property? Return to top of page
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.
12. What are grazing leases? Return to top of page
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 website.
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. Telephone - 6233 8203.
Similar arrangements are available for areas owned by Hydro Tasmania and for more information regarding these contact them at 4 Elizabeth Street, Hobart. Telephone - 1300 360 441.
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 refer to Kingborough Council's Compliance Unit on (03) 6211 8200.