35Removal of certain vehicles and abandoned property from Trust land

35 Removal of certain vehicles and abandoned property from Trust land

(1) This regulation applies to the following (property):

(a) a vehicle mentioned in subregulation 34 (1), the driver of which:

(i) fails to comply with a direction mentioned in subregulation 34 (1); or

(ii) cannot be found after such inquiries by a ranger as are reasonable in the circumstances;

(b) any property on Trust land (including any vehicle, vessel, watercraft, structure or materials) that a ranger believes, on reasonable grounds, to have been abandoned.

(1A) A ranger (with whatever assistance is reasonably necessary) may move property to a place on Trust land or some other place.

(2) The ranger must take reasonable steps to identify the owner of the property and inform the owner of the removal.

(3) If the owner of the property cannot be identified, the steps may include publishing, in a newspaper circulating generally in an appropriate place, an advertisement that includes:

(a) a description of the property; and

(b) the date when, and location of the Trust land from which, the property was removed.

(3A) For subregulation (3), an appropriate place is:

(a) if the property is a motor vehicle registered in a State or Territory — that State or Territory; or

(b) in any other case — New South Wales.

(4) The Trust must release the property to its owner on payment to the Trust of the Trust’s reasonable costs of the removal and storage of the property.

(5) An amount payable to the Trust is a debt due to the Trust recoverable in a court of competent jurisdiction.

(6) The Trust is not required to return the property to a person claiming it unless the person pays the amount due to the Trust under this regulation.

(7) If a ranger removes property under this regulation, neither the ranger, nor any person who assists him or her to do so, nor the Trust, is liable for any loss of, or damage to, the property that occurs while it is being moved with reasonable care, and stored, in accordance with this regulation.