48ARemoval and disposal of abandoned articles

### 48A Removal and disposal of abandoned articles > *\[Section 48A Inserted by No. 71 of 1967, s. 5 \]* > > > (1)  Where it appears to the road authority that an article has, without lawful authority, been abandoned on a State highway or subsidiary road, the road authority may remove the article from that highway or road. > > > (2)  Where an article has been removed from a State highway or subsidiary road under this section the road authority may, subject to this section, dispose of it in such manner as it thinks fit – > > > > > > (a) if, within one month of its removal from the highway or road, possession has not been taken of the article under [subsection (4)](#GS48A@Gs4@EN) ; or > > > > > > > (b) if the road authority is satisfied that the article is of no value or the amount that might be received from its sale would not be sufficient to defray the cost of its removal from the highway or road and its storage for the period of one month thereafter. > > > (3)  Notwithstanding anything in [subsection (2)](#GS48A@Gs2@EN) , if the article is the carcase of an animal or of a perishable nature the road authority may at any time dispose of it in such manner as it thinks fit. > > > (4)  Unless the article has otherwise been disposed of in accordance with this section, the road authority, on a claim made to it by a person who satisfies it that he is an owner of the article, shall allow that person to take possession of the article on the payment by him of the expenses reasonably incurred in the removal of the article from the State highway or subsidiary road and in its storage until possession of the article is taken by that person. > > > (5)  If under [subsection (2)](#GS48A@Gs2@EN) or [(3)](#GS48A@Gs3@EN) an article is sold and the amount recovered from its sale exceeds the cost of its removal from the State highway or subsidiary road and of its storage until the time it is sold, the road authority shall, on a claim made to it, within 6 months of its being so removed, by a person who satisfies the road authority that he is an owner of the article, pay to that person the amount of the excess. > > > (6)  Where, before payment is made under [subsection (5)](#GS48A@Gs5@EN) in respect of any article, 2 or more separate claims are made under that subsection by persons each of whom the road authority is satisfied is an owner of that article, it shall pay the sum otherwise required to be paid under that subsection to such one of them, or divide that sum between all or some of them in such manner, as may be agreed between them or, in default of agreement, as may be determined by a justice on the application of any of them. > > > (7)  Where a claim is made under [subsection (5)](#GS48A@Gs5@EN) in respect of an article by a person and it appears to the authority that there is or may be some other person who is an owner of that article, nothing in that subsection requires the authority to make a payment in pursuance of that claim until the expiration of the period of 6 months referred to in that subsection, unless before the expiration of that period a claim is made under that subsection in respect of that article by that other person or he notifies the road authority in writing that he does not intend to make such a claim. > > > (8)  The rights of any person in an article to which this section applies, or in the proceeds of the sale thereof, have effect subject to the powers and duties conferred or imposed on a road authority under this section, and that authority incurs no liability to that person by reason of the exercise of those powers or the carrying out of those duties or by reason of the loss of, or damage to, any article arising in connection therewith. > > > (9)  A road authority may recover from a person who is an owner of an article removed from a State highway or subsidiary road under this section, or from the person who abandoned the article, the cost incurred in its removal, storage, and disposal, less any sums received by the authority on the sale of the article. > > > (10)  The expenses incurred by a road authority under this section in respect of an article shall be regarded as expenses incurred by it in the exercise of its duty to maintain the State highway or subsidiary road from which the article was removed, and any sums received by the road authority under this section shall be paid into the Fund. > > > (11)  *\[Section 48A Subsection (11) substituted by No. 30 of 1995, s. 3 and Sched. 1 \]*This section does not apply to a carcass that a council must remove from a highway under [section 171 of the](/view/html/inforce/2026-04-12/act-1993-096#GS171@EN) [Local Government (Building and Miscellaneous Provisions) Act 1993](/view/html/inforce/2026-04-12/act-1993-096) . > > > (12)  In this section – > > > > > ***article*** includes a vehicle or trailer, or any part or component thereof, and the carcass of any animal; > > > > > ***owner***, when used in relation to an article removed from a State highway or subsidiary road under this section, means any person who, at the time the article was so removed, had any property in the article and the legal personal representative of a person who was the owner of that article. > > > (13)  [*\[Section 48A Subsection (13) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja22@GC3@Hpb@EN) [*\[Section 48A Subsection (13) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja22@GC3@Hpa@EN) [*\[Section 48A Subsection (13) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja22@GC2@Hpb@EN) Without prejudice to the provisions of [subsection (12)](#GS48A@Gs12@EN) , where an article removed from a State highway or subsidiary road under this section is a motor vehicle or trailer within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) , or is a part or component of such a vehicle or trailer, the person who, within the meaning of that Act, was the registered operator of that motor vehicle or trailer at the time it was so removed, or, if the motor vehicle or trailer of which the article was a part or component had remained in existence, would then have been its registered operator, shall for the purposes of this section be deemed to be an owner of that article.