sec.72Wild stock

### sec.72 Wild stock This section applies if the chief executive reasonably believes stock are unlawfully in, and are detrimental to, a State forest, timber reserve, forest entitlement area or forest consent area (each an affected area ). The chief executive may conduct a muster of the stock in the affected area. However, the chief executive must give each relevant landholder for the affected area and each person the chief executive reasonably believes is the owner of the stock a notice stating the chief executive intends to conduct the muster on a stated day. The notice must be given at least 5 business days before the stated day. A relevant landholder for an area may be present at and take part in the muster. The chief executive may issue a permit to muster stock to a person for the purposes of the muster. However, the chief executive shall not issue a permit to muster stock with respect to any part of an area which is comprised in a Crown holding or is subject to a permit (other than a sales permit) granted under this Act without the consent in writing of the lessee, licensee or permittee first had and obtained. All stock mustered during any muster at a stockyard shall be held at that stockyard until noon on the day following the day of its muster at that stockyard unless otherwise lawfully dealt with under the provisions of this section. At least 1 forest officer or plantation officer shall attend at a stockyard on the day or days of each muster at that stockyard and until noon on the day following the last day of such muster. The forest officer or plantation officer in attendance at a stockyard shall release from that stockyard and shall deliver to the claimant therefor any stock in respect of which a person has— claimed ownership, or a right to possession, on the day of the muster at that stockyard or before noon on the day following the day of such muster; and established his or her claim to the satisfaction of the forest officer or plantation officer; and paid to the forest officer or plantation officer such fees as may be from time to time prescribed. However, if the claimant has participated in and assisted the muster, and the forest officer or plantation officer thus certifies to the chief executive, the claimant may be granted a rebate of such sum on account of fees as the chief executive may determine. Before the forest officer or plantation officer releases stock from a stockyard under subsection (4) the forest officer or plantation officer shall give to the person to whom the stock is to be released a permit to remove stock and travel it to the boundary of the area. Any person who removes, or causes to be removed, stock from a stockyard notified in accordance with the provision of subsection (1) shall be guilty of an offence unless the person has been given by the forest officer or plantation officer in attendance at that stockyard prior to such removal a permit referred to in subsection (4B) . Stock remaining in a stockyard at noon on the day following the day of its muster at that stockyard shall be dealt with in the following manner— all stock that is unbranded or carries no decipherable brand (when clipped if necessary) or in respect of which a claim has been made in accordance with the provisions of subsection (4) but has not been established to the satisfaction of the forest officer or plantation officer in attendance at the stockyard or in respect of which a claim has been so established but the fees have not been paid as required by subsection (4) shall be sold, destroyed or otherwise disposed of in such manner and on such terms as the chief executive may determine; all other stock must be dealt with in the way stated under subsection (6A) . For subsection (6) (b) , stock must be dealt with as follows— the chief executive must give each relevant landowner and each person the chief executive reasonably believes is the owner of the stock a notice stating that— the owner may claim the stock within 14 days after the notice is given (the claim period ); and the stock may be disposed of if not claimed within the claim period; if, after having been given a notice under paragraph (a) , the owner of the stock does not claim it within the claim period, the chief executive may sell, destroy or otherwise dispose of the stock in the way the chief executive considers appropriate. The proceeds of sale of any stock and fees paid with respect to any stock under this section shall be paid to Consolidated Fund. No owner, nor any person claiming a proprietary or possessory interest in any stock sold, destroyed, disposed of or otherwise dealt with in pursuance of this section shall have any claim to damages or compensation or otherwise against the Crown or any other person on account of anything done or omitted to be done bona fide with respect to such stock in the course of carrying out or giving effect to the provisions of this section, anything in any Act or law or process of law to the contrary notwithstanding. In this section— relevant landholder , for an affected area, means a landholder of land that adjoins the affected area. s 72 sub 1964 No. 15 s 17 amd 1968 No. 33 s 35 ; 1974 No. 33 s 17 ; 1982 No. 73 s 52 ; 1991 No. 13 s 17 ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1 ; 2010 No. 12 s 56 ; 2009 No. 17 s 331 sch 1 ; 2014 No. 29 s 18 ; 2020 No. 3 s 114 (sec.72-ssec.1) This section applies if the chief executive reasonably believes stock are unlawfully in, and are detrimental to, a State forest, timber reserve, forest entitlement area or forest consent area (each an affected area ). (sec.72-ssec.1A) The chief executive may conduct a muster of the stock in the affected area. (sec.72-ssec.1AA) However, the chief executive must give each relevant landholder for the affected area and each person the chief executive reasonably believes is the owner of the stock a notice stating the chief executive intends to conduct the muster on a stated day. (sec.72-ssec.1AB) The notice must be given at least 5 business days before the stated day. (sec.72-ssec.1AC) A relevant landholder for an area may be present at and take part in the muster. (sec.72-ssec.1AD) The chief executive may issue a permit to muster stock to a person for the purposes of the muster. (sec.72-ssec.1B) However, the chief executive shall not issue a permit to muster stock with respect to any part of an area which is comprised in a Crown holding or is subject to a permit (other than a sales permit) granted under this Act without the consent in writing of the lessee, licensee or permittee first had and obtained. (sec.72-ssec.2) All stock mustered during any muster at a stockyard shall be held at that stockyard until noon on the day following the day of its muster at that stockyard unless otherwise lawfully dealt with under the provisions of this section. (sec.72-ssec.3) At least 1 forest officer or plantation officer shall attend at a stockyard on the day or days of each muster at that stockyard and until noon on the day following the last day of such muster. (sec.72-ssec.4) The forest officer or plantation officer in attendance at a stockyard shall release from that stockyard and shall deliver to the claimant therefor any stock in respect of which a person has— claimed ownership, or a right to possession, on the day of the muster at that stockyard or before noon on the day following the day of such muster; and established his or her claim to the satisfaction of the forest officer or plantation officer; and paid to the forest officer or plantation officer such fees as may be from time to time prescribed. (sec.72-ssec.4A) However, if the claimant has participated in and assisted the muster, and the forest officer or plantation officer thus certifies to the chief executive, the claimant may be granted a rebate of such sum on account of fees as the chief executive may determine. (sec.72-ssec.4B) Before the forest officer or plantation officer releases stock from a stockyard under subsection (4) the forest officer or plantation officer shall give to the person to whom the stock is to be released a permit to remove stock and travel it to the boundary of the area. (sec.72-ssec.5) Any person who removes, or causes to be removed, stock from a stockyard notified in accordance with the provision of subsection (1) shall be guilty of an offence unless the person has been given by the forest officer or plantation officer in attendance at that stockyard prior to such removal a permit referred to in subsection (4B) . (sec.72-ssec.6) Stock remaining in a stockyard at noon on the day following the day of its muster at that stockyard shall be dealt with in the following manner— all stock that is unbranded or carries no decipherable brand (when clipped if necessary) or in respect of which a claim has been made in accordance with the provisions of subsection (4) but has not been established to the satisfaction of the forest officer or plantation officer in attendance at the stockyard or in respect of which a claim has been so established but the fees have not been paid as required by subsection (4) shall be sold, destroyed or otherwise disposed of in such manner and on such terms as the chief executive may determine; all other stock must be dealt with in the way stated under subsection (6A) . (sec.72-ssec.6A) For subsection (6) (b) , stock must be dealt with as follows— the chief executive must give each relevant landowner and each person the chief executive reasonably believes is the owner of the stock a notice stating that— the owner may claim the stock within 14 days after the notice is given (the claim period ); and the stock may be disposed of if not claimed within the claim period; if, after having been given a notice under paragraph (a) , the owner of the stock does not claim it within the claim period, the chief executive may sell, destroy or otherwise dispose of the stock in the way the chief executive considers appropriate. (sec.72-ssec.7) The proceeds of sale of any stock and fees paid with respect to any stock under this section shall be paid to Consolidated Fund. (sec.72-ssec.8) No owner, nor any person claiming a proprietary or possessory interest in any stock sold, destroyed, disposed of or otherwise dealt with in pursuance of this section shall have any claim to damages or compensation or otherwise against the Crown or any other person on account of anything done or omitted to be done bona fide with respect to such stock in the course of carrying out or giving effect to the provisions of this section, anything in any Act or law or process of law to the contrary notwithstanding. (sec.72-ssec.9) In this section— relevant landholder , for an affected area, means a landholder of land that adjoins the affected area. - (a) claimed ownership, or a right to possession, on the day of the muster at that stockyard or before noon on the day following the day of such muster; and - (b) established his or her claim to the satisfaction of the forest officer or plantation officer; and - (c) paid to the forest officer or plantation officer such fees as may be from time to time prescribed. - (a) all stock that is unbranded or carries no decipherable brand (when clipped if necessary) or in respect of which a claim has been made in accordance with the provisions of subsection (4) but has not been established to the satisfaction of the forest officer or plantation officer in attendance at the stockyard or in respect of which a claim has been so established but the fees have not been paid as required by subsection (4) shall be sold, destroyed or otherwise disposed of in such manner and on such terms as the chief executive may determine; - (b) all other stock must be dealt with in the way stated under subsection (6A) . - (a) the chief executive must give each relevant landowner and each person the chief executive reasonably believes is the owner of the stock a notice stating that— (i) the owner may claim the stock within 14 days after the notice is given (the claim period ); and (ii) the stock may be disposed of if not claimed within the claim period; - (i) the owner may claim the stock within 14 days after the notice is given (the claim period ); and - (ii) the stock may be disposed of if not claimed within the claim period; - (b) if, after having been given a notice under paragraph (a) , the owner of the stock does not claim it within the claim period, the chief executive may sell, destroy or otherwise dispose of the stock in the way the chief executive considers appropriate. - (i) the owner may claim the stock within 14 days after the notice is given (the claim period ); and - (ii) the stock may be disposed of if not claimed within the claim period;