Stock Control

'Livestock' includes but is not limited to, horses, cattle, swine, goats and deer

The rules relating to stock crossings and the movement of livestock are contained within Traffic (Road Rules) Regulations 1999 ("Road Rules"), sections 362 to 366, and are enforced by the Tasmanian Police.

What is the definition of livestock?

'Livestock' is defined by the (Road Rules) Regulations 1999, and includes but is not limited to, horses, cattle, swine, goats and deer.

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 Tasmanian Police.

Individual councils may require written permission before stock can be moved on a council controlled road and road-related areas.

Are there any special requirements when I'm moving stock?

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 Rule 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.

When can I move my stock?

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. (See Rule 364 of the Regulations).

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 commonsense regarding topography and visibility.

Does my regular crossing site require council permission?

The Local Government Act (1993) has no provisions for the selection of a stock crossing site.

Owners of stock should liaise with Council's Animal Control Officer or Works Department 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. (Traffic Regulations 1999, Section 363).

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 Northern Midlands 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 Council's Animal Control Officer, on 0419 358 395.

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 the Animal Control Officer for further details on 0419 358 395.

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 the Animal Control Officer on 0419 358 395.

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 contact Council's Regulatory and Community Services manager on 63 977303.

Keeping of horses, pigs and other livestock on a residential block

Horses and pigs may be kept, however this depends on land size - please contact the Animal Control Officer for further advice.

Some properties in the council area have private covenants prohibiting the keeping of Horses or pigs. You would have to look at your title documents or check with your solicitor to see if you are affected by a private covenant.
 
Keeping of Bee Hives:
A  maximum  of  two  (2)  bee  hives  can  be  kept  within Town Boundaries on  condition  that they are located at least 50 metres from the nearest dwelling.  Please contact the Animal Control Officer for further information.
 
General Requirements for Maintenance of Premises used by Animals:
 
Owners of animals must:

  1. Keep  any  structures,  buildings,  enclosures  or  areas  which  the  animal  has access to clean and sanitary; and
  2. Dispose of bedding, floor covering or waste food, or store until disposed, in a waterproof and tightly covered container; and
  3. Keep   manure   in   a   waterproof   and/or   tightly   covered   container   when requested to do so by an authorised officer; and
  4. Not permit any build-up of manure such that there is any nuisance or run-off into rivers, drains or storm water; and
  5. Empty  any  container  used  for  keeping  used  bedding,  floor  covering,  waste food or manure regularly and keep the container hygienic; and
  6. Not allow the animal to cause any nuisance through smell, noise, rodents, flies or drainage; and
  7. Take all necessary steps to abate any nuisance that may arise as a result of keeping of the animal; and
  8. Maintain  fencing  or  other  structures,  buildings  or  enclosures  housing  the animal  to  an  adequate  standard,  as  may  be  determined  by  an  authorised officer, so as to prevent the escape of the animal onto a highway or another person’s property.