Local Government (Miscellaneous Provisions) Act 1960

CrestWestern Australia

Local Government (Miscellaneous Provisions) Act 1960

Western Australia

Local Government (Miscellaneous Provisions) Act 1960

Contents

Part I — Preliminary

1. Short title 2

2. Act to be read as part of Local Government Act 1995 2

Part XII — Streets

364. New street alignments, prescribing and effect of etc. 4

Part XV — Buildings

Part XX — Cattle trespass, pounds, poundkeepers and rangers

447. Local government regarded as owner of streets etc. and unfenced land abutting 9

448. Cattle grazing on streets etc. without local government’s consent, status of and may be impounded 9

449. Pounds, establishing; poundkeepers and rangers, appointing 9

450. Pounds, poundkeepers and rangers, notice and proof of etc. 9

451. Closing pounds and dismissing poundkeepers or rangers 10

452. Pounds, construction of; poundkeepers, duties of 10

453. Shelter and water for cattle in pounds to be provided 11

454. Impounded cattle not to be milked etc. without owner’s consent etc. 11

455. Pound book, information in and access to etc. 11

456. Fees etc. for pound, notice of 13

457. Unclaimed money, how poundkeeper and local government to deal with 13

458. Trespassing cattle, powers to impound etc. 14

459. Trespassing cattle, destruction of in certain cases 15

460. Trespassing cattle, impounding of in other than public pound etc. 15

461. Unlawful impounding, offence 18

462. Fees etc. for impounded cattle (Sch. 3) 18

463. Damage by trespassing cattle, rates for (Sch. 4) 18

464. Fees etc. in Sch. 2, 3 and 4, local government may vary 19

465. Cattle to be restored to owner on payment or tender of amount claimed 19

466. Person impounding cattle in public pound to notify poundkeeper 20

467. Poundkeeper’s functions as to impounded cattle 21

468. Impounded cattle, notice of to be displayed at pound 21

469. Unclaimed impounded cattle, notice of to be given 21

470. Service of s. 469 notice, charges for 23

471. Cattle to be released on payment of damages and poundkeeper’s fees and charges 23

472. Payment under protest where amount claimed deemed excessive 24

473. Ranger’s or trespass fees received by poundkeeper to be paid to ranger etc. 24

474. Unclaimed impounded cattle, sale or disposal of etc. 25

475. Unsold impounded cattle, JP may order destruction of etc. 27

476. Purchaser not bound to prove regularity of sale 28

477. Fees etc. not recovered from sale of cattle etc., recovery of by poundkeeper 28

478. Dying etc. impounded cattle, destruction of etc. 28

479. Sale proceeds, application of 29

480. Trespassing goats, pigs and poultry, destruction of 30

481. Cattle not to be driven from land etc. without notice to owner 30

482. Offences as to impounded etc. cattle and pounds 31

483. Removing fence etc. to allow cattle trespass etc., offence 32

484. Cattle straying etc. in public place, offence by owner 32

485. Actions for full compensation for trespass not prevented 34

Part XXVIII — Miscellaneous

670. Offence of failing to comply with Act 35

671. Act not to affect right of Crown 35

672. Arbitration for s. 364(8), provisions for 36

Schedule 1 — Poundkeeper’s book

Schedule 2 — Ranger’s fees

Schedule 3 — Poundage fees and sustenance charges

Schedule 4 — Rates for damage by trespass by cattle

Schedule 5 — Form of advertisement

Notes

Compilation table 43

Defined terms

Western Australia

Local Government (Miscellaneous Provisions) Act 1960

An Act to deal with certain matters concerning local government.

[Long title inserted: No. 74 of 1995 s. 9.70.]

Part I — Preliminary

1. Short title

This Act may be cited as the Local Government (Miscellaneous Provisions) Act 1960 1.

[Section 1 amended: No. 74 of 1995 s. 9.70.]

2. Act to be read as part of Local Government Act 1995

The Local Government Act 1995 applies as if the provisions of this Act were in that Act but in construing the provisions of this Act account is to be taken of the meanings they had before the Local Government Act 1995 commenced.

[Section 2 inserted: No. 74 of 1995 s. 9.70.]

[3. Deleted: No. 60 of 1981 s. 4.]

[4‑6. Deleted: No. 74 of 1995 s. 9.70.]

[7. Deleted: No. 27 of 1981 s. 5.]

[8. Deleted: No. 74 of 1995 s. 9.70.]

[Part II (s. 9-11) deleted: No. 74 of 1995 s. 9.70.]

[Part III: s. 12-22, 23-34 deleted: No. 74 of 1995 s. 9.70;
s. 22A deleted: No. 68 of 1980 s. 10.]

[Part IV: s. 35-55, 65, 67-154N deleted: No. 74 of 1995 s. 9.70;
s. 56‑64 deleted: No. 42 of 1984 s. 8;
s. 66 deleted: No. 99 of 1985 s. 5.]

[Part V (s. 155, 156) deleted: No. 74 of 1995 s. 9.70.]

[Part VI: s. 157-168, 170 deleted: No. 74 of 1995 s. 9.70;
s. 169, 169AA, 169A deleted: No. 60 of 1994 s. 4.]

[Part VIA (s. 170A-170E) deleted: No. 74 of 1995 s. 9.70.]

[Part VIB (s. 170F-170J) deleted: No. 74 of 1995 s. 9.70.]

[Part VII (s. 171-189) deleted: No. 74 of 1995 s. 9.70.]

[Parts VIII and IX deleted: No. 24 of 2011 s. 152.]

[Part X (s. 272-277) deleted: No. 74 of 1995 s. 9.70.]

[Part XI (s. 277A, 278-284) deleted: No. 74 of 1995 s. 9.70.]

Part XII — Streets

[Heading inserted: No. 74 of 1995 s. 9.70.]

[Heading deleted: No. 19 of 2010 s. 49(2).]

[285-294, 294A. Deleted: No. 31 of 1997 s. 66(1).]

[295. Deleted: No. 38 of 2005 s. 14(2).]

[Heading deleted: No. 19 of 2010 s. 49(3).]

[296, 297. Deleted: No. 74 of 1995 s. 9.70.]

[297A. Deleted: No. 31 of 1997 s. 67(1).]

[297B. Deleted: No. 74 of 1995 s. 9.70.]

[Division 3 (s. 298, 299) deleted: No. 74 of 1995 s. 9.70.]

[Division 4 (s. 300-315) deleted: No. 74 of 1995 s. 9.70.]

[Division 5: s. 316-328 deleted: No. 74 of 1995 s. 9.70;
s. 329 deleted: No. 60 of 1981 s. 18(1).]

[Division 6 (s. 330-345) deleted: No. 74 of 1995 s. 9.70.]

[Division 7 (s. 346-353) deleted: No. 74 of 1995 s. 9.70.]

[Division 8 (s. 354-360) deleted: No. 74 of 1995 s. 9.70.]

[Heading deleted: No. 19 of 2010 s. 49(4).]

[361-363. Deleted: No. 74 of 1995 s. 9.70.]

364. New street alignments, prescribing and effect of etc.

(1) A local law made under the Local Government Act 1995 may prescribe a new street alignment for a street or part of a street for the purpose of extending the width of the street or part of the street to the new street alignment.

(2) Where the local government by local law so prescribes a new street alignment, it shall immediately the local law is no longer liable to be disallowed by Parliament, cause written notice of the new street alignment to be served on the owners of land affected thereby and cause notice of the local law to be served on the Registrar of Titles and Registrar of Deeds and Transfers.

(3A) In subsection (3B) —

building operation means constructing, building, placing, reconstructing, rebuilding, replacing, extending, enlarging, adding to or otherwise altering or repairing, a building or work or portion of a building or work, but does not include any such building operation that is carried out with the permission of a local government on any land acquired by that local government for or in relation to the provision of, or widening of, a street.

(3B) Except with the approval mentioned in subsection (3C), a person shall not in relation to any land, building or work affected by the new street alignment, commence to carry out a building operation upon the land, except for the purpose of completing a building operation already commenced at the time of the prescribing of the new street alignment.

(3C) The local government, subject to directions which the local government may give, may approve the execution of minor but not substantial repairs, in order to permit of the reasonable preservation of an existing building or work.

(4) The Governor may, by order specify any street or part thereof in any district to which the provisions of subsection (5) apply.

(4A) Subsection (5) applies to any street or part thereof specified in an order made pursuant to subsection (4).

(5) Land that is affected by the new street alignment and which lies between that alignment and the old street alignment is, subject to rights, if any, reserved to the previous owners of the land at the time it was acquired by the local government, by virtue of this subsection —

(a) dedicated to use as part of the street so specified; and

(b) revested in the Crown under section 55 of the Land Administration Act 1997,

if the land —

(c) has no buildings thereon on the date the new street alignment is prescribed; or

(d) is on or after that date cleared of buildings and other obstructions.

(6) Notwithstanding land is dedicated and revested as provided in subsection (5), the local government may, subject to rights, if any, reserved to the previous owners of the land at the time it was acquired by the local government, lease that land or a portion of it to the owner of the land upon which it abuts as if the land or the portion had been acquired by the local government.

(7) The local government shall pay compensation to the owner of the land, portion of which is dedicated and revested under subsection (5), but the compensation payable by the local government is limited to the amount by which the remainder of the land is depreciated in value by the portion being so dedicated and revested.

(8) If a question arises as to the amount of the compensation or the day on which the buildings, works, and other obstructions, have been cleared from the land, the question is determinable only on a reference to arbitration.

(9) Immediately land has been revested under subsection (5), the local government shall cause written notice of the revesting to be served —

(a) on the Registrar of Titles, if the land is subject to the provisions of the Transfer of Land Act 1893; or

(b) on the Registrar of Deeds and Transfers if the land is not subject to the provisions of that Act,

and the Registrar of Titles or the Registrar of Deeds and Transfers, as the case may be, shall record the revesting in appropriate manner.

(10) In this section the term building does not include a fence.

(11) When the provisions of subsection (5) do not apply to a street or portion thereof, with respect to land that is affected by the new street alignment and which lies between that alignment and the old street alignment the following provisions apply —

(a) the land remains under the control of the owner thereof unless and until the local government purchases or otherwise acquires the land or the land is acquired under Part 9 of the Land Administration Act 1997, for the purpose of widening the street;

(b) no compensation or purchase money may be claimed or is payable in respect of the land until the land is so acquired or purchased.

[Section 364 inserted: No. 90 of 1964 s. 27; amended: No. 74 of 1995 s. 9.70; No. 14 of 1996 s. 4; No. 31 of 1997 s. 142; No. 24 of 2000 s. 23; No. 11 of 2007 s. 12; No. 19 of 2010 s. 62(3); No. 19 of 2011 s. 156(2); No. 47 of 2011 s. 16.]

[Part XIII (s. 365-370) deleted: No. 74 of 1995 s. 9.70.]

[Part XIV (s. 371, 372) deleted: No. 74 of 1995 s. 9.70.]

Part XV — Buildings

[Division 1 (s. 373) deleted: No. 24 of 2011 s. 153(1).]

[Division 1A (s. 373A and 373B) deleted: No. 19 of 2011 s. 156(3).]

[Divisions 2‑4 (s. 374‑380) deleted: No. 24 of 2011 s. 153(2).]

[Division 5 heading deleted: No. 17 of 1984 s. 14.]

[381, 382. Deleted: No. 74 of 1973 s. 7.]

[Divisions 6‑18 (s. 383‑421) deleted: No. 24 of 2011 s. 153(2).]

[Divisions 18A and 19 (s. 421A‑432) deleted: No. 55 of 2004 s. 683.]

[Division 20 (s. 433‑435) deleted: No. 24 of 2011 s. 153(2).]

[Part XVI (s. 436) deleted: No. 74 of 1995 s. 9.70.]

[Part XVII (s. 437-440, 440A) deleted: No. 74 of 1995 s. 9.70.]

[Part XVIII (s. 441-444) deleted: No. 74 of 1995 s. 9.70.]

[Part XIX (s. 445, 446, 446A) deleted: No. 74 of 1995 s. 9.70.]

Part XX — Cattle trespass, pounds, poundkeepers and rangers

447. Local government regarded as owner of streets etc. and unfenced land abutting

For the purpose of this Part, a local government is to be regarded as the owner and occupier of streets, ways, reserves, bridges, ferries, foreshores, jetties, wharves, other public places, and unenclosed land abutting them within its district.

[Section 447 amended: No. 14 of 1996 s. 4.]

448. Cattle grazing on streets etc. without local government’s consent, status of and may be impounded

Cattle driven along or on to a street, or way, or place mentioned in section 447, for the purpose of grazing, without the consent of the local government, are to be regarded as trespassing on the street, way, or other place, and may be impounded by the local government.

[Section 448 amended: No. 14 of 1996 s. 4.]

449. Pounds, establishing; poundkeepers and rangers, appointing

A local government may establish and maintain one or more public pounds, and may appoint fit and proper persons to be keepers of those pounds and may appoint a ranger or rangers.

[Section 449 amended: No. 14 of 1996 s. 4.]

450. Pounds, poundkeepers and rangers, notice and proof of etc.

The local government having the care, control, and management of a public pound shall cause local public notice to be given of the establishment of the public pound, and the appointment or removal of poundkeepers and rangers, and a notice so given is prima facie evidence that the pound has been lawfully established, or that a poundkeeper or ranger has been lawfully appointed or removed, as the case may be.

[Section 450 amended: No. 14 of 1996 s. 4; No. 16 of 2019 s. 76.]

451. Closing pounds and dismissing poundkeepers or rangers

(1) The local government having the care, control and management of a public pound may close the pound and dismiss the poundkeeper and rangers.

(2) The local government shall cause local public notice of the intended closing of a pound to be given.

[Section 451 amended: No. 14 of 1996 s. 4; No. 16 of 2019 s. 77.]

452. Pounds, construction of; poundkeepers, duties of

(1) The local government having the care, control, and management of a public pound shall cause it to be properly enclosed, and so adapted that provision is made for keeping cattle with contagious or infectious diseases segregated from cattle free from those diseases while impounded.

(2) The keeper of a public pound commits an offence if he —

(a) does not keep the pound clean and in good repair; or

(b) knowingly keeps or permits to be kept in the pound cattle infected with a contagious or infectious disease in the same enclosure with cattle not so infected; or

(c) does not supply the cattle for the time being impounded with a sufficiency of wholesome food at least twice a day, once before 9 a.m., and once after 4 p.m.; or

(d) accepts cattle into the pound when the holding capacity of the pound is exhausted.

Penalty: $40.

[Section 452 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20; No. 14 of 1996 s. 4.]

453. Shelter and water for cattle in pounds to be provided

The local government having the care, control, and management, of a public pound shall —

(a) cause adequate shelter for cattle impounded in it to be provided and maintained;

(b) cause a constant supply of wholesome water to be provided and maintained in the pound by means of troughs or by other means so as to afford cattle while impounded in it free and constant access to the water.

[Section 453 amended: No. 14 of 1996 s. 4.]

454. Impounded cattle not to be milked etc. without owner’s consent etc.

A person commits an offence, if —

(a) without the authority and consent of the owner of the cattle he works or uses cattle impounded in a public pound; or

(b) not being the keeper of the public pound or the owner of the animal, or a person authorised to do so by the poundkeeper or owner, he milks a cow or goat impounded in a public pound,

and is liable to a minimum penalty of $4, and a maximum penalty of $80 for the offence and shall in addition pay to the owner of the animal such sum as a court of summary jurisdiction, at the hearing of the charge, decides is just and reasonable for the owner’s compensation and cost, and orders him to pay to the owner.

[Section 454 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20; No. 59 of 2004 s. 141; No. 84 of 2004 s. 80.]

455. Pound book, information in and access to etc.

(1) The local government having the care, control, and management, of a public pound shall supply the keeper of it with a copy of this Act and with a pound book having pages in the form in Schedule 1.

(2A) The poundkeeper shall make entries, in a legible handwriting, in the pound book, stating with respect to cattle impounded in the pound, the particulars indicated in Schedule 1.

(2B) A person to whom cattle impounded in the pound are delivered shall sign the pound book in the appropriate place.

(2C) On the last day of each month, the poundkeeper shall transmit to the chief executive officer of the local government, a true copy of the entries made in the pound book during the month.

(3) The pound book is the property of the local government.

(4) The poundkeeper shall deliver the book to the chief executive officer of the local government whenever required by the local government to do so, and whether so required or not, immediately prior to ceasing to hold office as poundkeeper.

(5A) The poundkeeper shall keep the pound book and a copy of so much of this Act as relates to cattle trespass, pounds and poundkeepers, at or near the pound, and shall make them available for inspection at reasonable times by persons requesting him to do so.

(5B) The chief executive officer, if required, shall provide extracts from the pound book and a certificate signed by him that the extracts are from the pound book, upon payment of 20 cents or such other sum as is prescribed by the regulations, for every 100 words or part of 100 words of the extract.

(6) A poundkeeper commits an offence if he —

(a) wilfully delays making an entry in the pound book as required by this Act; or

(b) knowingly makes a false entry in the pound book; or

(c) erases or destroys an entry previously made in the pound book.

[Section 455 amended: No. 113 of 1965 s. 4(1); No. 14 of 1996 s. 4; No. 19 of 2010 s. 21(2) and 62(3).]

456. Fees etc. for pound, notice of

The local government having the care, control, and management, of the pound shall cause to be erected and maintained in proper repair, in a conspicuous part of the pound, a board having painted on it, in legible black characters on a white ground, a table of the fees and charges authorised by this Act to be charged, and a table of the rates at which damages may be claimed under this Act for trespass of cattle, and the holding capacity of the pound.

[Section 456 amended: No. 14 of 1996 s. 4.]

457. Unclaimed money, how poundkeeper and local government to deal with

(1) In this section,

unclaimed money means money which has been received by the keeper of a public pound in respect of the sale of cattle or the carcasses of cattle and which has not been claimed by the person entitled to it.

(2) Where the keeper of a public pound has held unclaimed money for a period of 35 days, he shall on the last day of the month in which that period of 35 days expires, pay the unclaimed money, and render a true account of it, to the chief executive officer of the local government having the care, control, and management, of the pound.

(3) The local government shall pay the money into the trust fund.

(4) If at the expiration of 2 years from the day on which the local government receives unclaimed money from the poundkeeper, it has not been claimed by the person entitled to it, the local government may pay the money into its municipal fund, and when so paid into the municipal fund, the money becomes the property of the local government.

[Section 457 amended: No. 27 of 1994 s. 9; No. 14 of 1996 s. 4.]

458. Trespassing cattle, powers to impound etc.

(1) Cattle found trespassing upon land may be impounded in the nearest suitable public pound by the owner or occupier of the land or by a ranger.

(2A) A person who is a ranger appointed to do so by the local government, or an employee of, or other person authorised by, the local government, may impound cattle —

(a) found wandering, straying, or lying upon a street, way, or place mentioned in section 447; or

(b) found wandering, straying, or lying, upon vacant Crown land.

(2B) The ranger, employee, or authorised person so impounding cattle may claim ranger’s fees at the rate set out in Schedule 2 in respect of each animal which belongs to the same owner and which is impounded by him, notwithstanding that more animals than one of the same owner are impounded at the one time, and the sum may be recovered in the same manner as the poundkeeper’s fees and charges.

(2C) Cattle found on a street which comprises a boundary of the district or which abuts the district may be so impounded by the ranger, employee or authorised person, notwithstanding that the place on which the cattle are so found is outside the district.

(3) The occupier of enclosed land may seize and impound in the nearest suitable pound —

(a) cattle found wandering, straying, or lying, upon a street, abutting the enclosed land of the occupier; or

(b) cattle found feeding off the enclosed land whether through or over a fence or otherwise notwithstanding that the cattle are upon the street.

(4) A person may seize and impound in the nearest suitable pound cattle found straying or at large or unlawfully tethered or depastured in a street, or other public place within a city, town or township.

[Section 458 amended: No. 14 of 1996 s. 4; No. 19 of 2010 s. 21(2) and 62(3).]

459. Trespassing cattle, destruction of in certain cases

Where cattle trespassing are not impounded, and it is proved to the satisfaction of a justice that it is not possible to impound the cattle except at an undue expense, and that the owner of the cattle is unknown or cannot be found, the justice may order the destruction of the cattle in such manner as he thinks fit, and may, if the animal is a horse, mare, filly, foal, gelding, colt, camel, bull, bullock, cow, heifer, steer, calf, ass, or mule, order the production and delivery to a police constable of the hide of the animal and by the order give such direction as to the disposal of the hide as he thinks fit, and an order so made has effect according to its tenor and is not subject to appeal.

460. Trespassing cattle, impounding of in other than public pound etc.

(1) Where there is not a public pound situated within 5 km of the land, or where the holding capacity of any such pound is exhausted, the owner or occupier of land on which cattle are found trespassing or in respect of which the provisions of section 458(3) apply may impound the cattle in a convenient and suitable place —

(a) upon his land; or

(b) by arrangement with the owner of any adjacent land, upon that land.

(2) A person impounding cattle under the provisions of subsection (1) shall, within 24 hours of that impounding —

(a) if the owner of the cattle is known to him, give to the owner of the cattle, or leave at his usual or last known place of abode in the State, notice of the impounding, specifying, with respect to the cattle, the same particulars as are, by section 466 required to be specified in the notice given to the keeper by a person impounding cattle in the public pound;

(b) if the owner of the cattle is unknown to him, give to the keeper of the nearest public pound the same notice specifying the same particulars with respect to the cattle as is, by that section required to be given to the keeper by a person impounding cattle in the public pound.

(3) A person impounding cattle under the provisions of subsection (1) shall cause the cattle to be fed and maintained while they are impounded.

(3AA) If the owner of the cattle has not at the expiration of the period of 72 hours paid to the owner or occupier causing the cattle to be impounded the amount of damages which he is entitled to claim under this Act in respect of the trespass of the cattle, together with charges for the sustenance of the cattle whilst so impounded, at the same rates as are chargeable by the keeper of the nearest public pound, the person who caused the cattle to be impounded may —

(a) impound the cattle in the nearest suitable public pound; or

(b) arrange with the local government for a sale of the cattle to be carried out by a person appointed by the local government at the place where the cattle are impounded or at such other place as the local government directs and in the same manner as if the cattle had been impounded under paragraph (a) in a public pound established and maintained by that local government.

(3a) Where a local government is requested by the owner or occupier of land within its district who has caused cattle to be impounded under this section to arrange for a sale of the cattle to be carried out by a person appointed by the local government, the local government shall make the requisite arrangements accordingly and shall cause a sale to be held and the money received in respect of the sale to be dealt with as though the cattle had been impounded in a public pound which was established and maintained by that local government.

(4) The owner or occupier so impounding cattle or causing cattle to be impounded may claim and recover in respect of the cattle so impounded sustenance charges in respect of the sustenance of the cattle whilst impounded by him or at his request at the rates chargeable by the keeper of the nearest public pound, in addition to damages recoverable for the trespass of the cattle on his land.

(5) If any entire horse, ass, or bull above the age of one year shall be found trespassing without a keeper on any land, the owner of such land may castrate such cattle if unbranded, and if the owner thereof be unknown.

(6) In every case where any cattle shall have been castrated in accordance with the foregoing provisions, no compensation shall be given to the owner of such cattle for such castration.

(7) The above enactments shall be cumulative, and not be a bar to any claim for any compensation for damage or to any penalty which may have accrued by reason of such trespass, unless such compensation shall have been claimed or determined on the hearing of a charge of trespass.

[Section 460 amended: No. 94 of 1972 s. 4; No. 105 of 1973 s. 14; No. 14 of 1996 s. 4; No. 84 of 2004 s. 80; No. 19 of 2010 s. 62(3).]

461. Unlawful impounding, offence

A person who impounds cattle unlawfully or in a place other than one authorised by this Act as place in which cattle may be impounded commits an offence.

462. Fees etc. for impounded cattle (Sch. 3)

(1) A poundkeeper may charge, as poundage fees for cattle impounded under the provisions of this Act, the fees specified in Schedule 3, and for the sustenance of the cattle while impounded, sustenance charges at the rates specified in that Schedule, according to the description in that Schedule of the cattle impounded.

(2) Those fees and charges are chargeable for each day during which the cattle remain impounded, and where they are impounded for part of a day but not for the whole of the day, the part is to be regarded as a whole day.

[Section 462 amended: No. 19 of 2010 s. 21(2).]

463. Damage by trespassing cattle, rates for (Sch. 4)

(1) If cattle are found trespassing on land, the owner or occupier of the land may claim damages in respect of the trespass at the rates for damage by trespass specified in Schedule 4, according to the description of the cattle, and the description contained in that Schedule of the land or crop on which the trespass is committed.

(2) If cattle are found trespassing upon unenclosed land —

(a) after 3 days’ notice in writing requiring the owner of the cattle to prevent them from continuing to trespass upon the land has been given to the owner of the cattle by the owner or occupier of the land, either by being delivered personally or by being left for him at his usual or last known place of abode in the State; or

(b) after 14 days’ local public notice requiring the owner of the cattle to prevent them from continuing to trespass on the land and describing the land by the names and numbers of the locations or lots or other precise and accurate description has been given,

the owner or occupier of the land may lawfully claim damages in respect of the trespass at the same rate which he could lawfully claim if the land upon which the cattle were found trespassing was enclosed.

(3) If, for the purposes of subsection (2)(b), the owner or occupier of the land requests the local government of the district in which the land is situated to publish a notice on the local government’s official website, the local government must comply with the request.

[Section 463 amended: No. 19 of 2010 s. 21(2); No. 16 of 2019 s. 78.]

464. Fees etc. in Sch. 2, 3 and 4, local government may vary

A local government having the care, control, and management of a pound may, from time to time, increase, decrease or otherwise vary the poundage fees, trespass fees, ranger’s fees, and sustenance charges specified in Schedules 2, 3 and 4 in respect of the public pound but only on and after the day on which local public notice of the increase or variation is first given by the local government.

[Section 464 amended: No. 42 of 1984 s. 56; No. 14 of 1996 s. 4; No. 19 of 2010 s. 21(2); No. 16 of 2019 s. 79.]

465. Cattle to be restored to owner on payment or tender of amount claimed

(1) If cattle found trespassing upon land have been seized for the purpose of being impounded, the owner of the cattle, or a person authorised by him to do so, may pay or tender to the person having charge of the cattle before the cattle have been actually impounded sums claimed and payable under this Act in respect of the cattle, whether for damage by trespass, sustenance, or ranger’s fees, or in respect of the impounding, and upon the payment or tender being made to the person having charge of the cattle he shall deliver them up to the owner or the authorised person paying or tendering the sums so claimed.

(2) If the person who has charge of the cattle is a person mentioned in section 458(2A), and the sums claimed are paid to him, he shall pay the money to the keeper of the public pound in which he intended to impound the cattle when he delivered them to the person paying the sums, and shall give to the poundkeeper such information relating to the cattle and the payment as is necessary to enable the poundkeeper to record in the pound book entries relating to the cattle and the payment, and the poundkeeper shall make those entries and issue his receipt acknowledging receipt of the payment and stating the particulars in respect of which it is made.

[Section 465 amended: No. 19 of 2010 s. 62(3).]

466. Person impounding cattle in public pound to notify poundkeeper

A person impounding cattle in a public pound shall give notice to the keeper of the pound specifying —

(a) the number and kinds of the cattle impounded; and

(b) the name of the owner, if known, or of the supposed owner of the cattle, or stating the fact that he is unknown; and

(c) the place where the cattle were found trespassing; and

(d) the sum, if any, claimed for damage by trespass of the cattle and for their sustenance, if any, while impounded on the land of the person by whom the cattle were impounded; and

(e) the sum, if any, paid as ranger’s fees in respect of the cattle.

467. Poundkeeper’s functions as to impounded cattle

(1) The keeper of a public pound shall receive into his custody cattle impounded in the pound and shall detain them in his custody, whether in the pound or elsewhere, until they are released, sold, or otherwise disposed of, in accordance with the provisions of this Act.

(2) The poundkeeper is responsible to the owner of cattle impounded for loss or damage sustained by the poundkeeper’s wilful act or neglect, or the wilful act or neglect of any of his servants, but not otherwise, until the cattle are released, sold, or otherwise disposed of, in accordance with the provisions of this Act.

468. Impounded cattle, notice of to be displayed at pound

(1) The keeper of a public pound, when and as soon as cattle are impounded in the pound, shall post a written notice on a board in a conspicuous part of the pound, setting forth a description of the cattle.

(2) The poundkeeper shall keep the notice so posted until the cattle have been released, sold, or otherwise disposed of, according to the provisions of this Act.

469. Unclaimed impounded cattle, notice of to be given

(1) If cattle impounded in a public pound are not claimed by the owner or by a person on his behalf within 24 hours after they were impounded, the poundkeeper shall give notice in accordance with the requirements of this section of the impounding.

(2) If the owner of cattle so impounded is known to the poundkeeper, he shall give written notice of the impounding to the owner by causing it to be delivered to the owner personally, or by causing it to be left for or posted to him at his usual or last known place of residence in the State.

(3) Where the poundkeeper gives the notice of impounding by causing it to be delivered to the owner personally, or by causing it to be left at the owner’s usual or last known place of residence, the poundkeeper shall cause notice to be so delivered or left within 48 hours of the time when the cattle were impounded, and where the poundkeeper causes the notice to be given by posting it, the poundkeeper shall cause the notice to be sent not later than by the earliest post after the expiration of 24 hours from the time of the impounding.

(4) In the notice the poundkeeper shall state —

(a) the same particulars as are by section 466 required to be given to the poundkeeper by the person impounding cattle; and

(b) the sums claimed in respect of the cattle as trespass fees, ranger’s fees, poundage fees, sustenance charges, and other expenses incurred up to the time of giving the notice; and

(c) that if the cattle are not claimed by the person entitled to them, they will be sold or otherwise disposed of in accordance with this Act.

(5) If the owner of cattle impounded is unknown to the poundkeeper, the poundkeeper shall, as soon as possible after the expiration of 24 hours from the time of impounding the cattle cause local public notice of the impounding to be given in the form in Schedule 5.

(6) If a poundkeeper knowingly and wilfully incorrectly, or in an insufficient manner, describes impounded cattle in a notice or advertisement required or permitted by this Part to be given or published, or in the notice or advertisement knowingly and wilfully fixes a time for the sale of cattle earlier than provided by this Act, the poundkeeper commits an offence.

Penalty: $40.

[Section 469 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20; No. 19 of 2010 s. 21(2); No. 16 of 2019 s. 80.]

470. Service of s. 469 notice, charges for

(1) A poundkeeper may charge —

(a) the sum of 10 cents or such other sum as is prescribed by the regulations for delivering or sending by post the notice of impounding; and

(b) the sum of 75 cents or such other sum as is prescribed by the regulations for giving local public notice of the impounding; and

(c) expenses paid by him in respect of the publication of the notice.

(2) A poundkeeper may also charge for the delivery of the notice, by himself or by a person employed or engaged by him for that purpose, the sum of 20 cents or such sum as is prescribed by the regulations for every kilometre of the distance to the place at which the notice is delivered or left from the pound in which the cattle to which the notice relates are impounded, but where notice of impounding is, by section 469, permitted to be sent by post, and is sent by post, the poundkeeper may charge for the delivery to the place of posting of the notice 20 cents or such other sum as is prescribed by the regulations for every kilometre or part thereof of the distance from the pound to the nearest place available for posting it.

[Section 470 amended: No. 113 of 1965 s. 4(1); No. 94 of 1972 s. 4; No. 65 of 1974 s. 18; No. 16 of 2019 s. 81.]

471. Cattle to be released on payment of damages and poundkeeper’s fees and charges

The keeper of a public pound —

(a) upon payment being made to him in respect of cattle impounded, of his lawful fees and charges, and the sums, if any, claimed for damage by trespass, or payable as ranger’s fees; or

(b) upon receipt of a statutory declaration sworn by a person entitled to claim a sum mentioned in section 466(d) that he has been paid or withdraws his claim for that sum, and on payment being made to the poundkeeper of the lawful fees and charges payable to the poundkeeper, and on payment of ranger’s fees, if any, in respect of cattle impounded;

shall release the cattle from, and deliver them at, the pound to the owner of them or to a person authorised by the owner to receive them; but no poundkeeper is required so to release and deliver cattle except between the hours of sunrise and sunset, nor until payment is so made or waived.

472. Payment under protest where amount claimed deemed excessive

(1) If the owner of cattle impounded is of opinion that the sum claimed by the person impounding them is excessive, the owner may under protest in writing pay to the poundkeeper the sum so claimed, and also the fees and charges due to the poundkeeper in respect of the cattle and immediately upon the payment being so made the poundkeeper shall release from, and deliver at the pound, the cattle to the owner or person authorised by him to receive them.

(2) If the owner brings an action against the poundkeeper or the person impounding the cattle for the recovery of so much of the amount so paid as is claimed to be excessive, the Court before which the action is brought may, if of opinion that the action has been brought as soon after the release of the cattle as reasonably practicable, order the poundkeeper or the person impounding the cattle to return to the owner so much of money paid by him as exceeds the damages or fees and charges lawfully due in respect of the cattle, and an order so made is not subject to appeal.

473. Ranger’s or trespass fees received by poundkeeper to be paid to ranger etc.

Where the keeper of a public pound has received on account of a person ranger’s fees or trespass fees, he shall on demand made by the person pay the fees to him, but to the extent only that they are lawfully chargeable.

474. Unclaimed impounded cattle, sale or disposal of etc.

(1) If impounded cattle are not released from the pound —

(a) where notice of the impounding has been given to or left for the owner, within 3 days of the notice being so given or left; or

(b) where notice of the impounding has been given by post, within 7 days of the time when the notice was posted; or

(c) where local public notice of the impounding has been given, within 7 days after the notice was first given,

the poundkeeper may sell the cattle by public auction if local public notice of the time and place of the sale and the cattle to be sold has been given at least 3 days before the day of the sale.

(2A) Where it appears to a justice that giving notice and advertising the sale of cattle impounded under the provisions of this Act would involve greater expense than the value of the cattle impounded, or that by reason of the condition or health of the cattle, they should be sold as quickly as possible, he may make an order directing that the giving of notice, other than that required by section 468, and that the advertising be dispensed with, and directing that the cattle be sold at such time and in such manner and under such conditions as he thinks fit.

(2B) Subsection (2A) does not prejudice enforcement of liability against the owner of the cattle in respect of a penalty or payment of lawful fees, charges, and damages under this Part, and they may be recovered in a court of competent jurisdiction.

(3A) Where it appears to a justice, after inspection of impounded cattle that —

(a) if the cattle were held for the period and notice of sale advertised in manner prescribed by this Part the cattle would not be likely to realise on sale sufficient to pay the poundage fees, expenses of sale, and other lawful charges payable under this Act in connection with the impounding of the cattle; and

(b) that an immediate sale under subsection (2A) would not be likely to realise those fees and charges,

and the owner of the cattle does not appear and pay those fees and charges or give security to the satisfaction of the justice for the payment of such further fees, charges, and expenses as may be awarded in subsequent proceedings under this Act, the justice may make an order dispensing with the giving of notice, other than that required by section 468, and authorising the immediate destruction or disposal of the cattle and the disposal of the carcasses in such manner as the justice thinks fit.

(3B) Destruction or disposal of the cattle or carcasses pursuant to an order so made does not prejudice enforcement of liability against the owner of the cattle in respect of a penalty or payment of lawful fees, charges, and damages under this Part and they may be recovered in a court of competent jurisdiction.

(4) Where a sale is authorised by or under this section, unless an order made by a justice directs otherwise —

(a) only the poundkeeper or a person appointed for that purpose by the local government may conduct the sale; and

(b) the poundkeeper or other person so appointed shall conduct the sale only at the public pound where the cattle are impounded or at another place nominated by the mayor or president; and

(c) the poundkeeper or other person so appointed shall sell the cattle to the highest bidder at auction unless where a reserve price is fixed, his bid is less than the reserve price; and

(d) the poundkeeper or other person so appointed shall commence the sale at the time fixed by the poundkeeper in the notice so published and posted.

(5) If the poundkeeper or person so appointed is of opinion that the cattle to be offered for sale are of a value greater in amount than that of the total of the fees, charges, costs, and expenses, chargeable under the Act in respect of the cattle, he may fix a reserve price on the cattle not exceeding that total.

(6) The person who impounded the cattle, the keeper of the pound, or a member of the council of the local government or the chief executive officer of the local government shall not either personally or by another person purchase cattle impounded in the pound.

(7) The keeper of a public pound shall, on the sale of an animal which has been impounded in the pound label it with an identifier in accordance with the Biosecurity and Agriculture Management Act 2007.

Penalty: $200.

(8) In selling or offering cattle or carcasses for sale under this Part a poundkeeper or person appointed by the local government to sell them does not require a licence under the Auctioneers Act 1921 3, and the provisions of that Act do not apply to him in so selling or offering for sale.

(9) An order made under this section by a justice has effect according to its tenor, and is not subject to appeal.

[Section 474 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20; No. 14 of 1996 s. 4; No. 57 of 1997 s. 83(5); No. 50 of 2003 s. 77(2); No. 24 of 2007 s. 91; No. 84 of 2004 s. 80; No. 19 of 2010 s. 62(3); No. 16 of 2019 s. 82.]

475. Unsold impounded cattle, JP may order destruction of etc.

(1) If impounded cattle offered for sale are not sold, a justice may certify that he does not consider the cattle of sufficient value to pay the cost of further maintaining them, and may order that the cattle forthwith be killed and the carcasses sold or otherwise disposed of in such manner as he thinks fit and specified in the order.

(2) The justice shall issue the order in writing, and the person obtaining the order shall deliver it to the poundkeeper of the pound in which the cattle are impounded.

(3) An order made under this section by a justice has effect according to its tenor, and is not subject to appeal.

476. Purchaser not bound to prove regularity of sale

A purchaser of cattle or of a carcass sold under the provisions of this Part is not bound to prove that the sale was regular or that the provisions of this Part were complied with, and is not affected by default or irregularity in respect of the sale.

477. Fees etc. not recovered from sale of cattle etc., recovery of by poundkeeper

(1) If impounded cattle offered for sale are not sold, or if the sale of the cattle or of the carcasses of the cattle does not realise a sufficient sum to pay his lawful fees and charges, the poundkeeper may recover the fees and charges or such portion of them as remains unpaid, from the owner of the cattle by action in a court of competent jurisdiction, and if the owner cannot be found or the poundkeeper cannot recover the fees and charges or the portion remaining unpaid from the owner, he may in the same manner recover the fees and charges or the portion remaining unpaid from the local government having the care, control, and management of the pound.

(2) It is defence to an action so brought to show that a notice required by this Part to be given by the poundkeeper with respect to the cattle has not been given.

[Section 477 amended: No. 14 of 1996 s. 4.]

478. Dying etc. impounded cattle, destruction of etc.

(1) If the mayor, president, or chief executive officer, of the local government having the care, control, and management of the pound or a justice, after inspecting cattle impounded in a pound, or found on a street, way, or place mentioned in section 447, is of opinion that the cattle are in a dying state, or are injured, diseased, or so weak as not to be likely to recover, he may order the cattle, if not claimed within 24 hours of the time of issuing the order, which time he shall specify in the order, to be killed, and the carcasses sold or otherwise disposed of in such manner as he thinks fit and specifies in the order.

(2) The person issuing the order shall issue the order in writing, and the person obtaining the order shall deliver it

(a) if the cattle are impounded, to the poundkeeper of the pound in which the cattle are impounded; or

(b) if the cattle are found on a street, way, or place mentioned in section 447, to the chief executive officer of the local government.

(3) An order made under this section has effect according to its tenor, and is not subject to appeal.

[Section 478 amended: No. 14 of 1996 s. 4.]

479. Sale proceeds, application of

The price of cattle, or the carcass of cattle, sold under the provisions of this Part shall be paid by the person purchasing them to the poundkeeper and shall be applied by the poundkeeper —

(a) firstly, in payment to the auctioneer at the sale, if he is not the poundkeeper, of a commission of 5% or such other per centum as is prescribed by the regulations of the gross amount realised; and

(b) secondly, in payment to himself of the lawful fees and charges payable to him under this Part in respect of the cattle or carcass; and

(c) thirdly, in payment of the sum due to the ranger or other person by whom the cattle were impounded; and

(d) fourthly, as to the balance then remaining —

(i) in payment to the owner of the cattle where he is known and demands payment of it to him; or

(ii) where the owner is not known in payment as directed by section 457.

[Section 479 amended: No. 19 of 2010 s. 62(3).]

480. Trespassing goats, pigs and poultry, destruction of

[(1) deleted]

(2) Where the owner or a person in charge of enclosed land —

(a) has given notice in writing to the owner of goats, pigs, birds, or poultry, of his intention to destroy goats, pigs, birds or poultry found trespassing on the land, he may kill by any means, except by the use of poison, goats, pigs, birds or poultry, which are the property of the owner to whom he has given the notice and which he finds trespassing on the land; or

(b) has advertised twice in 2 or more newspapers published in the State and circulating in the locality his intention to destroy goats, pigs, birds or poultry found trespassing on the land, he may kill by any means except by the use of poison, goats, pigs, birds or poultry found trespassing on the land;

and, if not sooner claimed by the owner of the animal or bird, may 6 hours after killing it remove, bury, or destroy its carcass.

[Section 480 amended: No. 99 of 1985 s. 26.]

481. Cattle not to be driven from land etc. without notice to owner

(1) No person shall drive cattle from the land, or out of the herds, of another person without first giving notice to him or his agent, overseer, or bailiff, of the time he intends to drive the cattle away.

(2) A person —

(a) who has not so given notice of his intention to drive away cattle and who —

(i) drives cattle from the land, or out of the herds, of another person; or

(ii) enters upon the land of another person for the purpose of driving cattle from the land;

or

(b) who having so given the notice drives from the land, or out of the herds of another person without that other person’s authority, cattle other than his own,

commits an offence.

Penalty: $800.

[Section 481 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20.]

482. Offences as to impounded etc. cattle and pounds

(1) A person who —

(a) unlawfully rescues or releases or attempts to rescue or release cattle lawfully impounded or seized for the purpose of being impounded; or

(b) damages a pound lawfully established, whether cattle are or are not impounded in it; or

(c) commits pound‑breach by reason of which cattle may escape from a pound;

commits an offence and is liable to a penalty not exceeding $400, together with charges and expenses incurred in respect of the impounding.

(2) In proceedings in respect of an offence mentioned in this section, proof that cattle so rescued, released, or escaping, were within 48 hours of the time of the rescue, release, or escape, found in the possession or on the lands, or with a herd of a person, is prima facie evidence that the rescue, release, or pound‑breach, was made or committed by that person.

(3) A person who does or threatens to do an injury, or causes or threatens to cause a detriment, to a poundkeeper or ranger with the intention of preventing him from, or hindering him in, doing an act which, as such, he is lawfully entitled to do, or because he has, as such, done an act which he is lawfully entitled to do, or with the intention of compelling him to do an act which, as such, he is lawfully entitled to abstain from doing, or because, as such, he has abstained from doing an act which, as such, he is lawfully entitled to abstain from doing, commits an offence.

Penalty: $400.

[Section 482 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20; No. 50 of 2003 s. 77(3).]

483. Removing fence etc. to allow cattle trespass etc., offence

A person who unlawfully removes or takes down a fence, rail, or slip‑panel, or opens a gate, for the purpose of allowing cattle to trespass upon or escape from enclosed land, commits an offence.

Penalty: $400.

[Section 483 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20.]

484. Cattle straying etc. in public place, offence by owner

(1) If the owner of cattle —

(a) permits the cattle to stray; or

(b) permits the cattle to be at large; or

(c) tethers the cattle; or

(d) depastures the cattle;

in a street or other public place, he commits an offence.

Penalty: $200.

(2) If cattle are found straying, or at large, or tethered, or depastured, in a street, or other public place, the owner of the cattle is to be regarded for the purposes of this section as having permitted the cattle to so stray or be at large or to have so tethered or depastured the cattle.

(3) If the owner of the cattle cannot be found, the person in charge or apparently in charge of the cattle is regarded for the purposes of this section as the owner.

(4) In proceedings relating to an offence mentioned in this section, an averment in the charge that a person is the owner, or person in charge or apparently in charge, of the cattle concerned, is regarded as proved in the absence of proof to the contrary.

(5) For the purposes of this section cattle in the charge of a person are to be regarded as being at large if the cattle —

(a) are on a street, or other public place, which street or public place is in a city, town or townsite; and

(b) do not travel at the rate of at least 8 km a day in a direct line,

unless —

(c) the day is that on which a market is held for the sale of cattle or the preceding day; and

(d) the cattle are travelling to the market at a less rate.

(6) Subsection (5) does not affect the decision of the question as to whether cattle are at large in a street or other public place elsewhere than in a city, town or townsite, or in circumstances other than those mentioned in that subsection.

[Section 484 amended: No. 113 of 1965 s. 4(1); No. 81 of 1972 s. 20; No. 94 of 1972 s. 4; No. 84 of 2004 s. 80; No. 19 of 2010 s. 62(2).]

485. Actions for full compensation for trespass not prevented

The provisions of this Part do not affect the right of the owner of land from suing in a court of competent jurisdiction for damages, at the rates specified in Schedule 4, or at the rates in force for the time being at the public pound nearest to the land, or for any other damages, in respect of trespass by cattle on the land.

[Section 485 amended: No. 19 of 2010 s. 21(2).]

[Part XXI (s. 486-501) deleted: No. 74 of 1995 s. 9.70.]

[Part XXII: s. 502-505, 508-511 deleted: No. 74 of 1995 s. 9.70;
s. 506, 507 deleted: No. 27 of 1994 s. 11.]

[Part XXIII (s. 512-521A) deleted: No. 74 of 1995 s. 9.70.]

[Part XXIV: s. 522-525, 526-531AA deleted: No. 74 of 1995 s. 9.70;
s. 525A deleted: No. 42 of 1987 s. 25.]

[Part XXV: s. 531A-534, 535, 537-544, 545A, 546-560, 562-597 deleted: No. 74 of 1995 s. 9.70;
s. 534A, 536 deleted: No. 76 of 1978 s. 91;
s. 545 deleted: No. 76 of 1978 s. 96;
s. 561 deleted: No. 5 of 1977 s. 5.]

[Part XXVI (s. 598-624A) deleted: No. 74 of 1995 s. 9.70.]

[Part XXVII: s. 625-637, 639-641 deleted: No. 74 of 1995 s. 9.70;
s. 638 deleted: No. 103 of 1982 s. 11.]

Part XXVIII — Miscellaneous

[Division 1 (s. 642-660) deleted: No. 74 of 1995 s. 9.70.]

[Division 2: s. 661, 663-665B deleted: No. 74 of 1995 s. 9.70;
s. 662 deleted: No. 126 of 1987 s. 118.]

[666, 667. Deleted: No. 24 of 2011 s. 154.]

[668-669F. Deleted: No. 74 of 1995 s. 9.70.]

670. Offence of failing to comply with Act

A person who does not do a thing, which by or under this Act, he is required or directed to do, and a person who does a thing which by or under this Act he is prohibited from doing, commits an offence.

[671-677. Deleted: No. 74 of 1995 s. 9.70.]

[Divisions 3 and 3A (s. 677A-678B) deleted: No. 74 of 1995 s. 9.70.]

[Division 4 (s. 679-681) deleted: No. 74 of 1995 s. 9.70.]

682. Act not to affect right of Crown

Anything which, if this Act were not in operation, might be done in the exercise of a right reserved to the Crown or a person representing the Crown and relating to or affecting land alienated from the Crown, may still be done in the exercise of the right, notwithstanding that authority to do it is conferred by this Act upon a local government or other authority.

[Section 682 amended: No. 14 of 1996 s. 4.]

[683. Deleted: No. 74 of 1995 s. 9.70.]

684. Arbitration for s. 364(8), provisions for

Where under section 364(8) provision is made for determination of a question or matter only on a reference to arbitration —

(a) the provisions of the Commercial Arbitration Act 2012, apply in respect of the reference and the arbitration; and

(b) the determination shall be made by 2 arbitrators, one to be appointed by each party, or under that Act in default of appointment, by a party; and

(c) if the parties have not signed or otherwise assented to an agreement to refer the question or matter to arbitration, the question or matter shall nevertheless be deemed the subject of a reference under that Act.

[Section 684 amended: No. 21 of 1968 s. 9; No. 109 of 1985 s. 3(1); No. 14 of 1996 s. 4; No. 24 of 2011 s. 155; No. 23 of 2012 s. 45.]

[685, 686. Deleted: No. 74 of 1995 s. 9.70.]

[687. Deleted: No. 24 of 2011 s. 156.]

[688-694. Deleted: No. 74 of 1995 s. 9.70.]

[Part XXIX (s. 695-729) deleted: No. 74 of 1995 s. 9.70.]

[Part XXX (s. 730-737) deleted: No. 74 of 1995 s. 9.70.]

Schedule 1 — Poundkeeper’s book

[s. 455(1)]

[Heading inserted: No. 19 of 2010 s. 21(3).]

• RELEASED, SOLD OR DESTROYED Signature and address of person receiving cattle released
• Loss on Sale
• Profit on Sale
• Amount received for — Total
• Other charges
• Trespass
• Sales
• To whom delivered or proceeds paid
• If destroyed, by whose order
• Whether Released or Sold
• Date and Time
• IMPOUNDED Charges Payable Total
• Selling charges
• Advertising, etc.
• Trespass
• Sustenance
• Impounding
• Ranger
• Time and mode of giving notice
• Owner or supposed Owner
• For what cause
• By whom impounded
• Description of Cattle colours and brands
• Date and Time

[Schedule 1, formerly Fifteenth Schedule Part 1, renumbered as Schedule 1 and amended: No. 19 of 2010 s. 21(3).]

Schedule 2 — Ranger’s fees

[s. 458(2B)]

[Heading inserted: No. 19 of 2010 s. 21(4).]

No charge is payable in respect of a suckling animal under the age of 6 months running with its mother.

The above fees include driving, leading or otherwise transporting the animal or animals no more than a distance of 3 km. Where the distance is more than 3 km, an additional charge of 10 cents for each 1.5 km or part thereof in excess of 3 km shall be paid to the ranger in respect of each animal impounded other than a suckling animal as provided.

If the amounts are increased, decreased, or otherwise varied under s. 464, the amounts as so increased, decreased, or varied are chargeable.

[Schedule 2, formerly Fifteenth Schedule Part 2, amended: No. 113 of 1965 s. 8(1); No. 94 of 1972 s. 4; renumbered as Schedule 2 and amended: No. 19 of 2010 s. 21(4).]

Schedule 3 — Poundage fees and sustenance charges

[s. 462(1)]

[Heading inserted: No. 19 of 2010 s. 21(5).]

Table of poundage fees for cattle impounded

No charge is payable in respect of a suckling animal under the age of 6 months running with its mother.

If the amounts are increased, decreased, or otherwise varied under s. 464, the amounts as so increased, decreased, or varied are chargeable.

Table of charges for sustenance of cattle impounded

No charge is payable in respect of a suckling animal under the age of 6 months running with its mother.

If the amounts are increased, decreased, or otherwise varied under s. 464, the amounts as so increased, decreased, or varied are chargeable.

[Schedule 3, formerly Fifteenth Schedule Part 3, amended: No. 113 of 1965 s. 8(1); renumbered as Schedule 3 and amended: No. 19 of 2010 s. 21(5).]

Schedule 4 — Rates for damage by trespass by cattle

[s. 463(1)]

[Heading inserted: No. 19 of 2010 s. 21(6).]

No damage is payable in respect of a suckling animal under the age of 6 months running with its mother.

If the amounts are increased, decreased, or otherwise varied under s. 464, the amounts as so increased, decreased, or varied are chargeable.

[Schedule 4, formerly Fifteenth Schedule Part 4, amended: No. 38 of 1962 s. 29; No. 113 of 1965 s. 4(1); renumbered as Schedule 4 and amended: No. 19 of 2010 s. 21(6).]

Schedule 5 — Form of advertisement

[s. 469(5)]

[Heading inserted: No. 19 of 2010 s. 21(7).]

Impounded at (here state the place), the following (here describe the number and kind of cattle, colours and brands (if any)). If not claimed, will be sold on (here state the date of proposed sale).

Dated the day of , 20 .

.......................................................
Poundkeeper

[Schedule 5, formerly Fifteenth Schedule Part 5, renumbered as Schedule 5 and amended: No. 19 of 2010 s. 21(7).]

[Sixth-Eleventh Schedules deleted: No. 27 of 1981 s. 20.]

[Twelfth Schedule deleted: No. 107 of 1969 s. 17.]

[Thirteenth and Fourteenth Schedules deleted: No. 74 of 1995 s. 9.70.]

[Sixteenth and Seventeenth Schedules deleted: No. 35 of 1985 s. 24.]

[Eighteenth Schedule deleted: No. 107 of 1969 s. 17.]

[Nineteenth-Twenty‑fifth Schedules deleted: No. 74 of 1995 s. 9.70.]

[Twenty‑sixth Schedule deleted: No. 27 of 1981 s. 20.]

[Twenty‑seventh Schedule deleted: No. 103 of 1982 s. 13.]

dline

Notes

1 This is a compilation of the Local Government (Miscellaneous Provisions) Act 1960 and includes the amendments made by the other written laws referred to in the following table 4, 5. The table also contains information about any reprint.

Compilation table

2 Repealed by the Stock (Brands and Movement) Act 1970, which is now known as the Stock (Identification and Movement) Act 1970.

3 Repealed by the Auction Sales Act 1973 s. 3(1).

4 Marginal notes in the Local Government (Miscellaneous Provisions) Act 1960 referring to legislation of this State and of other jurisdictions have been omitted from this compilation.

5 The Licensed Surveyors Amendment Act 1996 s. 28 does not have effect because the relevant provision was repealed by the Local Government Act 1995 s. 9.70.

6 Now known as the Local Government (Miscellaneous Provisions) Act 1960; short title changed (see note under s. 1).

7 The Schedule to the Metric Conversion Act 1972 was redesignated as the First Schedule by the Metric Conversion Act Amendment Act 1973. The Third Schedule was inserted by the Metric Conversion Act Amendment Act (No. 2) 1973.

8 The Local Government Act Amendment Act 1979 s. 3(2) is a transitional provision that is of no further effect.

9 The Local Government Amendment Act (No. 3) 1981 s. 18(2) is a savings provision that is of no further effect.

10 The Local Government Amendment Act (No. 4) 1982 s. 14 is a transitional provision that is of no further effect.

11 The Local Government Amendment Act (No. 2) 1984 s. 40(2), (3), (4) and (5), 44(2) and 53(2) are transitional provisions that are of no further effect.

12 The Local Government Amendment Act 1985 s. 9, a validation provision, and s. 25, a transitional provision, are of no further effect.

13 The Local Government Amendment Act (No. 2) 1985 s. 23(2) is a validation provision that is of no further effect.

14 The Local Government Amendment Act (No. 3) 1985 s. 4 is a validation provision that is of no further effect.

15 The Local Government Amendment Act 1986 s. 4, an application provision, and s. 21, a validation provision, are of no further effect.

16 The Town Planning and Development Amendment Act 1986 s. 8(2) is a validation provision that is of no further effect.

17 The Local Government Amendment Act 1987 s. 32(2) is a validation provision.

18 The Local Government Amendment Act 1987 s. 35 and 36 are transitional provisions that are of no further effect.

19 The Local Government Amendment Act 1988 s. 12(2) is a validation provision that is of no further effect.

20 The Local Government Amendment Act (No. 2) 1990 s. 18 is a transitional provision that is of no further effect.

21 The Local Government (Superannuation) Amendment and Repeal Act 1993 Pt. 4 contains transitional provisions.

22 The Acts Amendment (Annual Valuations and Land Tax) Act 1993 s. 3, an application provision, and s. 7, a transitional and savings provision, are of no further effect.

23 The Local Government Amendment Act 1994 s. 3, 39, 40 and 41 are transitional provisions that are of no further effect.

24 The Local Government (Superannuation) Legislation Amendment Act 1994 s. 7, 8, 9 and 10 are transitional provisions.

25 The Acts Amendment (Local Government and Valuation of Land) Act 1994 s. 5 is a validation provision that is of no further effect.

26 The Local Government Act 1995 Sch. 9.2 cl. 4 is a savings provision of no further effect. It was affected by the Local Government (Consequential Amendments) Act 1996 Sch. 1 (see under heading Local Government (Miscellaneous Provisions) Act 1960 the item relating to sections 157, 159 and 160).

27 The amendments in the Sentencing (Consequential Provisions) Act 1995 s. 68 (items relating to s. 523(1) and 672) did not have effect because those provisions were repealed by the Local Government Act 1995 s. 9.70.

28 The Local Government (Consequential Amendments) Act 1996 s. 7 and 8 are transitional provisions that are of no further effect.

29 The Acts Amendment (Land Administration) Act 1997 s. 66(2), (3) and (4) and 67(2), (3) and (4) are transitional provisions that are of no further effect.

30 Balance of section 46 of the Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 is inoperative because of previous amendments effected as follows:

section 46(2) and (4) were repealed by the Local Government Act 1995 s. 70;

section 46(3) and (9) were amended by the Local Government (Consequential Amendments) Act 1996 Sch. 1 (as amended by the Statutes (Repeals and Minor Amendments) Act 1997);

section 46(7) and (8) were amended by the Statutes (Repeals and Minor Amendments) Act 1997 s. 83(3) and (4).

31 The portion of the Courts Legislation Amendment and Repeal Act 2004 Sch. 1 cl. 94 that would have amended s. 430(2)(a) was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(9).

32 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues, some of which may be relevant for this Act.

33 The State Administrative Tribunal Regulations 2004 r. 34 and 55 read as follows:

34. Local Government (Miscellaneous Provisions) Act 1960

(1) In this regulation —

commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 75 comes into operation.

(2) If a matter has been partly or fully heard, but not determined, under the Local Government (Miscellaneous Provisions) Act 1960 Part XV Division 19 immediately before the commencement day —

(a) the Act section 167(4)(b) does not apply; and

(b) the matter is to continue to be dealt with as if the Local Government (Miscellaneous Provisions) Act 1960 Part XV Division 19 as in force immediately before the commencement day continued to apply.

55. Local Government (Miscellaneous Provisions) Act 1960

(1) In this regulation —

commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 section 683 comes into operation;

(2) If a local law made under the Local Government (Miscellaneous Provisions) Act 1960 section 433 and the Local Government Act 1995 is expressed as conferring on a person a right to appeal under the Local Government (Miscellaneous Provisions) Act 1960 Part XV Division 19 against a decision, that local law is to be taken to give a right on or after the commencement day to apply to the State Administrative Tribunal for a review of that decision.

34 The portion of the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82 that would have amended this Act was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 78(2)(d).

35 The Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 14(3) and (4) read as follows:

(3) Despite the repeal of section 295 of the Local Government (Miscellaneous Provisions) Act 1960, section 295(4) and (4a) of that Act continue to apply in relation to the disposal of land where the subdivision of the land was approved before the coming into operation of this section.

(4) Until minimum standards of construction and drainage are fixed under section 169 of the Planning and Development Act 2005, the minimum standards fixed under section 295(3a) of the Local Government (Miscellaneous Provisions) Act 1960 apply for the purposes of the Planning and Development Act 2005 as if they had been fixed under that Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

building 364(10)

building operation 364(3A)

unclaimed money 457(1)