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IMPOUNDING OF LIVESTOCK ACT 1994 - SECT 16B

Power to serve notice on owner regarding confinement of livestock

S. 16B(1) substituted by No. 60/2012 s. 12(1).

    (1)     If an authorised officer of a council reasonably believes that livestock are not adequately confined on land or in a building, he or she may serve a notice on any one or more of the following persons directing that the person or persons take the measures set out in the notice to ensure the livestock are adequately confined—

        (a)     the owner of the livestock;

        (b)     the owner of the land or building or the occupier of the land or building if the owner is not the occupier.

S. 16B(2) substituted by No. 60/2012 s. 12(2).

    (2)     A notice under subsection (1)—

        (a)     may be served whether or not any of the livestock have been impounded in accordance with section 5B(4)(a); and

        (b)     must be served on the person personally or by registered post to the last known address of the person.

    (3)     A notice under subsection (1) must be in a form approved by the council and include the following—

        (a)     a direction to take the measures set out in the notice to adequately confine the livestock;

        (b)     the time within which those measures must be taken;

        (c)     a description of the offence in section 25B including the maximum penalty;

S. 16B(3)(ca) inserted by No. 60/2012 s. 12(3).

        (ca)     a statement that the livestock may be impounded by an authorised officer of the council

              (i)     under section 5B(4)(a), if the officer is satisfied that the welfare of the livestock would be at risk or there would be risk to public safety if the livestock were to wander from the land or building; or

              (ii)     under section 5B(4)(b), if the notice is not complied with within the specified time;

        (d)     the contact details of the authorised officer of the council.

Part 3—Disposal or destruction of livestock

S. 17 (Heading) inserted by No. 65/2007 s. 63(1), substituted by No. 60/2012 s. 13(1).



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