(1) For the purposes
of this regulation, stock is regarded as abandoned if —
(a) it
remains uncollected from the Muchea Livestock Centre, or the place to which it
was moved under regulation 33D(2), for more than 2 weeks —
(i)
if it was yarded for sale, after the date on which it was
last offered for sale; or
(ii)
if it was yarded for transhipment, after it was delivered
to the Centre;
and
(b) the
Authority, after making reasonable efforts, is unable to identify the owner of
the stock.
(2) The Authority may
sell abandoned stock and retain the proceeds of sale.
(3) The Authority must
first submit abandoned stock for auction before selling the stock by private
sale.
(4) If, within
3 months after the date of the sale of abandoned stock under
subregulation (2), a person satisfies the Authority that the person was
the owner of the stock immediately before the sale, the Authority must pay
that person an amount equal to the proceeds of the sale after
deducting —
(a) the
costs reasonably incurred by the Authority in —
(i)
moving the stock under regulation 33D(2); and
(ii)
watering or feeding the stock or providing the stock with
care or treatment in accordance with regulation 33D(3); and
(iii)
watering or feeding the stock or providing the stock with
care or treatment while the stock is regarded as abandoned; and
(iv)
selling the stock;
and
(b) any
fees payable under regulation 34 or 36A.
[Regulation 33E inserted: Gazette
6 Dec 2011 p. 5166‑7.]
[Heading inserted: Gazette 6 Dec 2011
p. 5167.]