Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:59
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 59
Character Range: 56958–59051

59  Impounding animals
 (1) A warden may impound an animal that:
 (a) is not a member of a native species; and
 (b) is found straying on Aboriginal Land.
 (2) For subsection (1), the Council may:
 (a) establish and maintain a pound; or
 (b) enter into an agreement with a person or body for the use of a pound established by the person or body.
 (3) If a warden impounds an animal, the warden must:
 (a) remove the animal to a pound; and
 (b) take reasonable steps:
 (i) to identify the owner of the animal; and
 (ii) to tell the owner of the impounding.
 (4) For paragraph (3)(b), if the animal is not identified in a way that allows its owner to be determined, the steps may include publishing, in an appropriate place, a notice that includes:
 (a) a description of the animal; and
 (b) the date when, and the part of Aboriginal Land where, the animal was impounded.
 (5) A warden must release an impounded animal to the owner of the animal on payment of the cost of impounding the animal to the Council.
 (6) The cost of impounding an animal includes:
 (a) the cost of removing the animal to a pound; and
 (b) the cost of identifying the owner of the animal; and
 (c) if the pound is maintained by the Council:
 (i) the cost of providing staff at the pound that is reasonably attributable to the management of the animal; and
 (ii) the cost of feeding and watering the animal; and
 (d) if the pound is not maintained by the Council—the amount that the Council is charged for the use of the pound for the animal; and
 (e) any other expenses of the Council for the animal.
 (7) A warden may dispose of or destroy an impounded animal after 7 days after any of the following events:
 (a) the owner was informed of the impounding and has not paid the cost of impounding;
 (b) the later of:
 (i) if the owner cannot be contacted—the animal was impounded; and
 (ii) if the owner cannot be determined—a notice mentioned in subsection (4) was published.
 (8) The Council, and a warden who impounds an animal under this section, are not liable for any damage to the animal caused by its impounding.