ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 12.64 Impounding or removal of vehicles etc

Commonwealth Numbered Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 12.64

Impounding or removal of vehicles etc

(1): A warden or ranger may impound a vehicle, vessel, aircraft or other property (other than goods that have been seized or forfeited under Division 10 of Part 17 of the Act), but only if the warden or ranger suspects on reasonable grounds that the vehicle, vessel, aircraft or other property has been abandoned in a Commonwealth reserve.

(2): For subregulation (1), the Director may:

(a): establish and maintain a pound; or
(b): enter into an arrangement with a body for use of a pound established by the body.

(3): If a warden or ranger impounds a vehicle, vessel, aircraft or other property , he or she must:

(a): remove it to a pound; and
(b): take reasonable steps to identify its owner and inform the owner of the impounding.

(4): For paragraph (3) (b), if the owner of the vehicle, vessel, aircraft or other property cannot be identified, the steps include publishing, in a newspaper circulating in the area where the reserve is located, an advertisement that includes:

(a): a description of the vehicle, vessel, aircraft or other property; and
(b): the date when, and area of the reserve where, the vehicle, vessel, aircraft or other property was impounded.

(5): A warden or ranger must release an impounded vehicle, vessel, aircraft or property to its owner on payment to the Director of the cost of impounding.
(6): The cost of impounding a vehicle, vessel, aircraft or other property includes:

(a): the cost of removing it to a pound; and
(b): the cost of identifying its owner; and
(c): if the pound is maintained by the Director, the cost, that is reasonably attributable to the management of the impounded property, of:

(i): providing staff at the pound; and
(ii): reasonably maintaining the pound.

(d): if the pound is not maintained by the Director, the amount that the Director is charged for the use of the pound for the impounded property; and
(e): any other expenses of the Director for the impounded property.

(7): A warden or ranger may dispose of the vehicle, vessel, aircraft or other property after 1 month after:

(a): the owner is informed of the impounding and has not paid the cost of impounding; or
(b): the later of:

(i): if the owner cannot be contacted — the vehicle, vessel, aircraft or other property was impounded; or
(ii): if the owner cannot be identified — an advertisement mentioned in subregulation (4) was published.

(8): The Director, or a warden or ranger who impounds a vehicle, vessel, aircraft or other property under this regulation, is not liable for any damage to the vehicle, vessel or other property caused by its impounding.

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