Commonwealth Numbered Regulations

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 2000 NO. 181 - REG 12.65

Impounding animals
(1)
A warden or ranger may impound an animal that:

(a)
is not a member of a native species; and

(b)
is found straying in a Commonwealth reserve.

(2)
For subregulation (1), the Director 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 or ranger impounds an animal, the warden or ranger must:

(a)
remove the animal to a pound; and

(b)
take reasonable steps to identify the owner of the animal and 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 include publishing, in a newspaper circulating in the area where the reserve is located, an advertisement that includes:

(a)
a description of the animal; and

(b)
the date when, and the part of the reserve where, the animal was impounded.

(5)
A warden or ranger must release an impounded animal to the owner of the animal on payment of the cost of impounding the animal to the Director.

(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 Director:

(i)
the cost, that is reasonably attributable to the management of the animal, of providing staff at the pound; and
(ii)
the cost of feeding and watering the animal; and
(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 animal; and

(e)
any other expenses of the Director for the animal.

(7)
A warden or ranger 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;
(ii)
if the owner cannot be determined — an advertisement mentioned in subregulation (4) was published.
(8)
A warden or ranger who impounds an animal under this regulation is not liable for any damage to the animal caused by its impounding.



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