sec.97Disposal of abandoned property

### sec.97 Disposal of abandoned property In this section— abandoned property means property (including a vehicle and anything attached to, or contained in a vehicle) an authorised officer believes on reasonable grounds has been abandoned. If an authorised officer finds abandoned property on designated fossicking land or a fossicking area and intends to take action under this section, the authorised officer— must take reasonable steps to locate the owner of the property; and may move the property to a place the authorised officer considers appropriate. As soon as is practicable but within 14 days after finding the abandoned property and deciding to take action under this section, the authorised officer must give to the owner of the property a written notice describing the property, stating that the property has been found, explaining how it may be recovered and stating that it may be sold or disposed of if it is not recovered. If the owner of the property can not be located within the 14 days mentioned in subsection (3) , the notice may be given by publishing it in a newspaper circulating generally throughout the State. Subsection (4) does not apply if the authorised officer believes, on reasonable grounds, the property has no value or a value less than an amount prescribed by regulation. If a person claims the abandoned property within 1 month after the notice is given, the authorised officer must return the property to the person if the person— satisfies the authorised officer that the person is the owner of the property; and pays the expenses reasonably incurred by the authorised officer in dealing with the property. If a person does not claim the abandoned property within 1 month after the notice is given, the chief executive may— sell the property; or dispose of the property in the way the chief executive considers appropriate if the proceeds of sale of the property are not likely to cover the total of— the expenses reasonably incurred by the chief executive in selling the property; and the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and any other expenses owing to the chief executive in relation to the property. If the abandoned property is sold, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the chief executive in selling the property; in payment of the expenses reasonably incurred by the authorised officer in dealing with the property under this section; if the removal of the property caused damage to the land where it was found—in payment of the reasonable cost of rectifying the damage, including by rehabilitating the land; in payment of any other expenses owing to the chief executive in relation to the property; in payment of any balance to the owner of the property. Despite anything else in this section, if the abandoned property has no value or insufficient value to justify its sale, the chief executive may dispose of the property in the way the chief executive considers appropriate. Compensation is not recoverable against the chief executive for a payment under this section. (sec.97-ssec.1) In this section— abandoned property means property (including a vehicle and anything attached to, or contained in a vehicle) an authorised officer believes on reasonable grounds has been abandoned. (sec.97-ssec.2) If an authorised officer finds abandoned property on designated fossicking land or a fossicking area and intends to take action under this section, the authorised officer— must take reasonable steps to locate the owner of the property; and may move the property to a place the authorised officer considers appropriate. (sec.97-ssec.3) As soon as is practicable but within 14 days after finding the abandoned property and deciding to take action under this section, the authorised officer must give to the owner of the property a written notice describing the property, stating that the property has been found, explaining how it may be recovered and stating that it may be sold or disposed of if it is not recovered. (sec.97-ssec.4) If the owner of the property can not be located within the 14 days mentioned in subsection (3) , the notice may be given by publishing it in a newspaper circulating generally throughout the State. (sec.97-ssec.5) Subsection (4) does not apply if the authorised officer believes, on reasonable grounds, the property has no value or a value less than an amount prescribed by regulation. (sec.97-ssec.6) If a person claims the abandoned property within 1 month after the notice is given, the authorised officer must return the property to the person if the person— satisfies the authorised officer that the person is the owner of the property; and pays the expenses reasonably incurred by the authorised officer in dealing with the property. (sec.97-ssec.7) If a person does not claim the abandoned property within 1 month after the notice is given, the chief executive may— sell the property; or dispose of the property in the way the chief executive considers appropriate if the proceeds of sale of the property are not likely to cover the total of— the expenses reasonably incurred by the chief executive in selling the property; and the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and any other expenses owing to the chief executive in relation to the property. (sec.97-ssec.8) If the abandoned property is sold, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the chief executive in selling the property; in payment of the expenses reasonably incurred by the authorised officer in dealing with the property under this section; if the removal of the property caused damage to the land where it was found—in payment of the reasonable cost of rectifying the damage, including by rehabilitating the land; in payment of any other expenses owing to the chief executive in relation to the property; in payment of any balance to the owner of the property. (sec.97-ssec.9) Despite anything else in this section, if the abandoned property has no value or insufficient value to justify its sale, the chief executive may dispose of the property in the way the chief executive considers appropriate. (sec.97-ssec.10) Compensation is not recoverable against the chief executive for a payment under this section. - (a) must take reasonable steps to locate the owner of the property; and - (b) may move the property to a place the authorised officer considers appropriate. - (a) satisfies the authorised officer that the person is the owner of the property; and - (b) pays the expenses reasonably incurred by the authorised officer in dealing with the property. - (a) sell the property; or - (b) dispose of the property in the way the chief executive considers appropriate if the proceeds of sale of the property are not likely to cover the total of— (i) the expenses reasonably incurred by the chief executive in selling the property; and (ii) the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and (iii) any other expenses owing to the chief executive in relation to the property. - (i) the expenses reasonably incurred by the chief executive in selling the property; and - (ii) the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and - (iii) any other expenses owing to the chief executive in relation to the property. - (i) the expenses reasonably incurred by the chief executive in selling the property; and - (ii) the expenses reasonably incurred by the authorised officer in dealing with the property under this section; and - (iii) any other expenses owing to the chief executive in relation to the property. - (a) in payment of the expenses reasonably incurred by the chief executive in selling the property; - (b) in payment of the expenses reasonably incurred by the authorised officer in dealing with the property under this section; - (c) if the removal of the property caused damage to the land where it was found—in payment of the reasonable cost of rectifying the damage, including by rehabilitating the land; - (d) in payment of any other expenses owing to the chief executive in relation to the property; - (e) in payment of any balance to the owner of the property.