Nature Conservation (Animals) Regulation 2020
sec.28Local government officers, rail government entity employees and contractors dealing with dead protected animals
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sec.28 Local government officers, rail government entity employees and contractors dealing with dead protected animals
This section applies to a person who is— an officer or employee of a local government; or an officer or employee of a rail government entity; or a contractor of a local government or rail government entity. The person may take a dead protected animal from a public place if it is necessary or desirable to do so. to perform a function or exercise a power under an Act to ensure the free and safe movement of traffic on a road to maintain public safety or the health or wellbeing of persons The person may carry out any of the following activities in relation to an animal taken under subsection (2) — bury or incinerate the animal; move the animal to— the place in the State where the animal is to be buried or incinerated; or if the chief executive has asked the person to move the animal to another place—the other place; or another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons; otherwise deal with the animal in the way directed by the chief executive. In this section— public place includes each of the following places, whether or not each place is open to, or used by, members of the public— a railway managed by a rail government entity; the following land if the trustee for the land is a local government— land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act; land dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ; a road controlled by a local government. s 28 amd 2024 Act No. 12 s 131 s ch 1 pt 1 (sec.28-ssec.1) This section applies to a person who is— an officer or employee of a local government; or an officer or employee of a rail government entity; or a contractor of a local government or rail government entity. (sec.28-ssec.2) The person may take a dead protected animal from a public place if it is necessary or desirable to do so. to perform a function or exercise a power under an Act to ensure the free and safe movement of traffic on a road to maintain public safety or the health or wellbeing of persons (sec.28-ssec.3) The person may carry out any of the following activities in relation to an animal taken under subsection (2) — bury or incinerate the animal; move the animal to— the place in the State where the animal is to be buried or incinerated; or if the chief executive has asked the person to move the animal to another place—the other place; or another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons; otherwise deal with the animal in the way directed by the chief executive. (sec.28-ssec.4) In this section— public place includes each of the following places, whether or not each place is open to, or used by, members of the public— a railway managed by a rail government entity; the following land if the trustee for the land is a local government— land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act; land dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ; a road controlled by a local government.