Crown Lands (Abandoned Vehicles) Amendment Act 1982 (NSW)
CROWN LANDS (ABANDONED VEHICLES) AMENDMENT
ACT, 1982, No. 152
jHeto g>outf) Male*
| * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * | ELIZABETHS n REGINS |
Act No. 152, 1982.
An Act to amend Division 10 of Part VIII of the Crown Lands Consolidation Act, 1913, with respect to the disposal of certain abandoned vehicles. [Assented to, 21st December, 1982.]
Act No. 152, 1982. 2 Crown Lands (Abandoned Vehicles) Amendment.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
This Act may be cited as the "Crown Lands (Abandoned Vehicles)
Amendment Act, 1982".
Amendment of Act No. 7, 1913.
2. The Crown Lands Consolidation Act, 1913, is amended in the
manner set forth in Schedule 1.
SCHEDULE 1.
(Sec. 2.)
AMENDMENT TO THE CROWN LANDS CONSOLIDATION ACT, 1913.
| Sections 254AA, | 2 5 4 A B — |
After section 254A, insert:—
Removal of abandoned vehicles from certain land. 254AA. (1) -In sections 254AA and 2 5 4 A B — "business clay" means any day except—
(a) a Saturday or Sunday, or
(b)
any other day the whole or any part of which is observed as a public or bank holiday throughout New South Wales:
"designated off'ccr" means a person appointed under subsection
(3) ;
Act No. 152, 1982.
Crown Lands (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENT TO THE CROWN LANDS CONSOLIDATION ACT, 1913—
continued.
"prescribed amount" means—
(a) except as provided by paragraph (b)—$250; or
(b)
where a different amount is prescribed—the different amount;
"vehicle" includes—
(a)
a motor vehicle, within the meaning of the Motor Traffic Act, 1909; and
(b) the remains of any vehicle.
(2) In sections 254AA and 254AB, a reference to a vehicle includes a reference to any goods or other things upon or within the vehicle.
(3) The Minister may, by order in writing, appoint such persons as he thinks fit to carry out the functions of a designated officer under this section.
(4) Where it appears on reasonable grounds to a desig-
nated officer that any vehicle standing upon any Crown lands or lands
granted, reserved or dedicated for any public purpose has been abandoned, the officer may—
(a)
seize and take custody of the vehicle on behalf of the Minister and, subject to subsection (5) —
(i) remove the vehicle or tow it away; or
(ii) cause the vehicle to be removed or towed away; and
(b)
subject to subsections (6) and (9), cause the vehicle to be destroyed or otherwise disposed of in accordance with the directions of the Minister, if the vehicle is not required to be released from custody by subsection (10).
Act No. 152, 1982. 4
Crown Lands (Abandoned Vehicles) Amendment.
SCHEDULE I—continued.
| AMENDMENT TO THE CROWN LANDS CONSOLIDATION ACT, | 1913— |
continued.
(5) A designated officer may, under subsection (4) (a) , remove a vehicle or tow it away or cause a vehicle to be removed or towed away—
(a)
only if he has examined the vehicle and made an assess- ment of its value;
(b)
where he has reasonable grounds to believe that the value of the vehicle exceeds the prescribed amount, only if the vehicle is removed or towed away to such place, or a place of such a nature, as the Minister considers appropriate for the purpose of keeping the vehicle in the Minister's custody; and
(c)
where he does not have reasonable grounds to believe that the vehicle is a danger or obstruction to traffic, only if at least 3 business days have expired after the Minister has, in accordance with subsection (7), served a notice relating to the vehicle which complies with that subsection.
(6) A designated officer may, under subsection (4) (b),
cause a vehicle to be destroyed or otherwise disposed of—
(a) only if he has examined the vehicle and made an assess-
ment of its value; (b) where he has reasonable grounds to believe that the value of the vehicle— (i) does not exceed the prescribed amount—only if at least 3 business days have expired; or
(ii) exceeds the prescribed amount—only if at least 4 weeks have expired,
after the Minister has caused a notice relating to the vehicle which complies with subsection (7) to be served in accordance with that subsection; and
Act No. 152, 1982.
Crown Lands (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENT TO THE CROWN LANDS CONSOLIDATION ACT, 1913—
continued.
(c)
where the officer has reasonable grounds to believe that the value of the vehicle exceeds the prescribed amount—only if at least 14 days have expired after the date of publication, in a newspaper circulating in the locality in which the vehicle was seized, of a notice relating to the vehicle which complies with subsection (7).
(7) A notice relating to a vehicle—
(a) complies with this subsection, if it—(i) contains a description of the vehicle to which it relates, which description shall include the par- ticulars on any registration label and number-plate attached to the vehicle and any identification number stamped on or otherwise affixed to the engine, if any, of the vehicle in a reasonably con- spicuous position;
(ii) specifies the location of the vehicle; and
(iii) states that the Minister intends to exercise his powers under this section with respect to the vehicle; and
(b) is served in accordance with this subsection, if it is— (i) addressed to the officer in charge of a police station; and (ii) left at that police station with a member of the police force.
(8) Where a notice relating to a vehicle is left at a police station in accordance with subsection (7), the officer in charge of the police station shall—
(a)
forthwith cause inquiries to be made as to the ownership of the vehicle; and
Act No. 152, 1982. 6
Crown Lands (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
| AMENDMENT TO THE CROWN LANDS CONSOLIDATION ACT, | 1913— |
continued.
(b) within 3 business days after the day on which the notice is left at the police station, send to the Under Secretary a written statement of the result of those inquiries which, if the vehicle is or has been registered under the regulations made under the Motor Traffic Act, 1909, may consist of particulars of the name and address of the last registered owner of the vehicle according to the records kept by the Commissioner for Motor Transport.
(9) Where, before a vehicle seized under subsection (4) (a) has been destroyed or otherwise disposed of in accordance with subsection (4) (b) or released from custody under subsection (10), the Minister has reasonable grounds to believe that a person whose name and address are in the Minister's possession is the owner of the vehicle, the Minister shall forthwith cause notice to be served by post on that person requesting him to have the vehicle released from the custody of the Minister within 14 days after the day on which the notice is posted, and a designated officer shall not cause the vehicle to be destroyed or otherwise disposed of before the expiration of that period of 14 days.
(10) Where a vehicle is kept at any place referred to in
subsection (5) (b) —
(a) application for its release may be made by the owner of the vehicle or by a person acting for or on behalf of that owner to the person in charge of the place at which the vehicle is kept; and (b) the vehicle shall be released from custody if—
(i) the applicant has furnished evidence as to the ownership of the vehicle to the satisfaction of the person in charge;
(ii) the person in charge is satisfied that the applicant is the owner of the vehicle or that he possesses authority to act for or on behalf of the owner;
1195 2 A - 66
Act No. 152, 1982.
Crown Lands (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENT TO THE CROWN LANDS CONSOLIDATION ACT, 1913—
continued.
(iii) all reasonable expenses incurred in connection witii the seizure, taking custody, removal, towing away, keeping or releasing of the vehicle have been paid to the person in charge; and
(iv) the applicant has signed a receipt for the delivery of the vehicle on a form supplied to him by the person in charge.
(11) Any matter or thing done by the Minister, a desig- nated officer or any other person engaged in the execution of this Act, the Western Lands Act, 1901, or the Closer Settlement Acts shall not, if the matter or thing was done bona fide in pursuance of, and for the purpose of, executing this section, subject him to any action, liability, claim or demand.
Disposition of certain money.
254AB. (1) The residue, if any, of any money paid to the Minister in connection with the disposal of a vehicle under section 254AA (4) (b) after deduction of all reasonable expenses incurred in connection with the seizure, taking custody, removal, towing away, keeping or
disposal of the vehicle shall—
(a) where a person—
(i) within the period of 12 months commencing with the day on which the vehicle was disposed of, makes application to the Minister for the payment of that residue to him; and
(ii) satisfies the Minister that he was, when the vehicle was disposed of, the owner of the vehicle,
be paid to that person at the direction of the Minister; or
Act No. 152, 1982.
Crown Lands (Abandoned Vehicles) Amendment.
SCHEDULE I—continued.
AMENDMENT TO THE CROWN LANDS CONSOLIDATION
ACT, 1913—continued.
(b) where no such application has been so made within that period or, if such an application has been so made, the application has been unsuccessful—-be paid to the Treasurer at the direction of the Minister and deposited to the credit of the Consolidated Fund.
(2) The Minister shall not be liable in respect of any money paid to the Treasurer at the direction of the Minister in accordance with subsection (1) (b).
(3) Where money has been paid to the Treasurer in accordance with subsection (1) (b) in connection with the disposal of a vehicle, a person may recover that money from the Treasurer if he satisfies the Treasurer that he was, when the vehicle was disposed of, the owner of the vehicle.
0
0
0