Forestry (Abandoned Vehicles) Amendment Act 1982 (NSW)
FORESTRY (ABANDONED VEHICLES) AMENDMENT ACT,
1982, No. 153
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Act No. 153, 1982.
An Act to amend Part V of the Forestry Act, 1916, with respect to the disposal of certain abandoned vehicles. [Assented to, 21st December. 1982.]
Act No. 153, 1982. 2
Forestry {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.
1. This Act may be cited as the "Forestry (Abandoned Vehicles)
Amendment Act, 1982".
Amendment of Act No. 55, 1916.
2. The Forestry Act, 1916, is amended in the manner set forth in
Schedule 1.
SCHEDULE 1.
(Sec. 2.)
AMENDMENT TO THE FORESTRY ACT, 1916.
| Sections 35B, | 3 5 C — |
After section 35A, insert:—
Removal of abandoned vehicles from certain land.
35B. (1) In sections 35B and 35c— "business day" 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 officer" means an officer of the commission appointed under subsection (3) ;
Act No. 153, 1982.
Forestry {Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENT TO THE FORESTRY ACT, 1916—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 35B and 35c, a reference to a vehicle includes a reference to any goods or other things upon or within the vehicle.
(3) The commission may, by order in writing, appoint one or more of the officers of the commission to carry out the functions of a designated officer under this section.
(4) Where it appears on reasonable grounds to a designated officer that any vehicle standing in a State forest, timber reserve or flora reserve has been abandoned, the officer may—
(a)
seize and take custody of the vehicle on behalf of the commission 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 commission, if the vehicle is not required to be released from custody by subsection (10).
Act No. 153, 1982.
Forestry {Abandoned Vehicles) Amendment. SCHEDULE 1—continued.
AMENDMENT TO THE FORESTRY ACT, 1916—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 assessment 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 commission considers appropriate for the purpose of keeping the vehicle in the custody of the commission; 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 commission 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 assessment
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 commission has, in accordance with subsection (7), served a notice relating to the vehicle which complies with that subsection; and
5 Act No. 153, 1982.
Forestry (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENT TO THE FORESTRY ACT, 1916—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) 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; and
(b) complies with this subsection, if it—
(i) contains a description of the vehicle to which it relates, which description shall include the particu- lars on any registration label and number-plate attached to the vehicle and any identification num- ber stamped on or otherwise affixed to the engine, if any, of the vehicle in a reasonably conspicuous position;
(ii) specifies the location of the vehicle; and
(iii) states that the commission intends to exercise its
powers under this section with respect to the vehicle.
(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
(b)
within 3 business days after the day on which the notice is left at the police station, send to the commission a written statement of the result of those inquiries which, if the
Act No. 153, 1982. 6
Forestry (Abandoned Vehicles) Amendment.
SCHEDULE I—continued.
AMENDMENT TO THE FORESTRY ACT, 1916—continued.
vehicle is or has been registered under the regulations made under the Motor Traffic Act, 1909, may consist of par- ticulars of the name and address of the last registered owner of the vehicle according to the records kept by the Com- missioner 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 commission has reasonable grounds to believe that a person whose name and address are in the commission's possession is the owner of the vehicle, the commission shall forthwith cause notice to be served by post on that person requesting him to have the vehicle released from the custody of the commission 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 posesses authority to act for or on behalf of the owner:
(iii)
all reasonable expenses incurred in connection with the seizure, taking custody, removal, towing away, keeping or releasing of the vehicle have been paid to the person in charge; and
Act No. 153, 1982.
Forestry {Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENT TO THE FORESTRY ACT, 1916—continued.
(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 commission, a desig- nated officer or any other officer of the commission or employee of the commission shall not, if the matter or thing was done bona fide in pursuance of, and for the purpose of, executing this section, sub- ject the commission or him to any action, liability, claim or demand.
Disposition of certain money.
35c. The residue, if any, of any money paid into the Consolidated Fund in connection with the disposal of a vehicle under section 35B (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, where a person—
(a)
makes application to the Treasurer for the payment of that residue to him; and
(b)
satisfies the Treasurer that he was, when the vehicle was disposed of, the owner of the vehicle.
be paid from that Fund to that person.
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