Northern Territory Numbered Acts Northern Territory Numbered Actsrepeal, insert
(1) The owner of livestock (the livestock owner ) that are on a property owned by someone else (the property owner ) may retrieve the livestock in accordance with this section.
(2) The livestock owner must make reasonable attempts to reach an agreement with the property owner to retrieve the livestock.
(3) If, after making reasonable attempts under subsection (2), the livestock owner and property owner have not reached an agreement, the livestock owner may give the property owner written notice that the livestock owner intends to:
(a) enter the property:
(i) at a place specified in the notice; and
(ii) at a time specified in the notice (which must be no earlier than 14 days after the day on which notice is given); and
(b) muster the livestock specified in the notice; and
(c) leave the property (with or without the livestock):
(i) within 7 days after entering the property; and
(ii) at a place specified in the notice.
Note for subsection (3)
The livestock owner is required to comply with a biosecurity management plan that applies to the property under Part 2A.
(4) If the property is on Aboriginal land, as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), a copy of the notice must also be given to the Land Council established under that Act for the area of the Territory in which the property is located.
(5) The property owner may inspect the livestock before the livestock leaves the property.
(6) A livestock owner must not enter or remain on a property to retrieve livestock except in accordance with:
(a) an agreement with the property owner; or
(b) a notice given under subsection (3).
(7) A person commits an offence if the person contravenes subsection (6).
Maximum penalty: 50 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
(9) It is a defence to a prosecution for an offence against subsection (7) if the defendant has a reasonable excuse.