17Livestock control

17 Livestock control

17 Livestock control

(1) An owner or person in charge of livestock must ensure the livestock does not enter land to which this division applies.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done with the consent of Water NSW.

(3) If livestock enters the land without the consent of Water NSW, an authorised officer may take the following action—

(a) drive the livestock away, or remove the livestock, from the land,

(b) impound, sell, destroy or otherwise dispose of the livestock.

(4) If an authorised officer takes an action specified in subsection (3)—

(a) the owner and person in charge of the livestock are jointly and severally liable to Water NSW for all costs incurred by Water NSW as a result of the action taken, and

(b) Water NSW may recover the amount of the costs from the owner or person in charge as a debt in a court of competent jurisdiction.

(5) In this section—

livestock includes cattle, horses, donkeys, mules, camels, sheep, goats, pigs, deer, alpacas and llamas.