Local Government (Abandoned Vehicles) Amendment Act 1982 (NSW)
LOCAL GOVERNMENT (ABANDONED VEHICLES)
AMENDMENT ACT, 1982, No. 150
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ELIZABETHS H R E G I N J E
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Act No. 150. 1982.
An Act to amend the Local Government Act, 1919, with respect to the disposal of certain abandoned vehicles, and for other purposes. [Assented to, 21st December, 1982.]
See also Motor Traffic (Abandoned Vehicles) Amendment Act, 1982; Crown Lands (Abandoned Vehicles) Amendment Act, 1982; Forestry (Abandoned Vehicles) Amendment Act. 1982: Main Koads (Abandoned Vehicles) Amendment Act, 1982; Maritime Services (Abandoned Vehicles) Amendment Act, 1982; National Parks and Wildlife (Abandoned Vehicles) Amendment Act. 1982.
Act No. 150, 1982. 2
Local Government {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 "Local Government (Abandoned Vehicles) Amendment Act, 1982".
Principal Act.
The Local Government Act, 1919, is referred to in this Act as the
Principal Act.
Amendment of Act No. 41, 1919.
The Principal Act is amended in the manner set forth in Schedule 1.
Savings and transitional provisions.
4. (1) In this section, "council" has the meaning ascribed thereto in section 4 of the Principal Act.
| (2) A servant of a council appointed under section 267B (1) of the Principal Act before the commencement of this Act shall, on that commence- | ment, be deemed to be appointed as a designated servant of the council |
| under section 2 6 7 B (3) of that Act, as amended by this Act. | |
| (3) Where, before the commencement of this Act, a servant of a council had taken any action with respect to a vehicle in accordance with section 267B of the Principal Act, that section, as in force immediately before that commencement, shall apply to and in respect of the vehicle as if this Act had not been enacted. |
Act No. 150, 1982.
Local Government (Abandoned Vehicles) Amendment.
SCHEDULE 1.
(Sec. 3.)
AMENDMENTS TO THE PRINCIPAL ACT.
| (1) | Sections 2 6 7 B , | 2 6 7 C — |
Omit section 267B, insert instead:—
Removal of abandoned vehicles from public roads, etc.
2 6 7 B . (1) In sections 2 6 7 B and 267c— "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 servant", in relation to a council, means a servant of the council appointed under subsection (3) ;
"prescribed amount" means—
(a) except as provided by paragraph (b)—$250; or
(b)
where a different amount is prescribed—the differ- ent 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 267B and 267c, a reference to a vehicle includes a reference to any goods or other things upon or within the vehicle.
(3) A council may. by resolution, appoint one or more of its servants to carry out the functions of a designated servant under this section and may. by resolution, revoke any such appointment.
Act No. 150, 1982. 4
Local Government (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(4) Where it appears on reasonable grounds to a designated servant of the council of an area that any vehicle standing upon a public place or public reserve in the area has been abandoned, the servant may—
(a)
seize and take custody of the vehicle on behalf of the council and, subject to subsection (5 )—
(i) remove the vehicle or tow it away; or
cause the vehicle to be removed or towed away; and subject to subsections (6) and (9), cause the vehicle to be destroyed or otherwise disposed of in accordance with the directions of the council, if the vehicle is not required to be released from custody by subsection (10).
(ii)
(b)
(5) A designated servant of a council may, under subsec- tion (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 council considers appropriate for the purpose of keeping the vehicle in its 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 council has, in accordance with subsection (7), served a notice relating to the vehicle which complies with that subsection.
Act No. 150, 1982.
Local Government {Abandoned Vehicles) Amendment.
SCHEDULE \—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(6) A designated servant of a council may, under sub- section (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 council has, in accordance with subsection (7), served a notice relating to the vehicle which complies with that subsection; and
(c)
where he 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 area of the council, of a notice relating to the vehicle which complies with sub- section (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 in the area in which the vehicle is situated; and
(ii) left at that police station with a member of the
police force; and
Act No. 150, 1982. 6
Local Government (Abandoned Vehicles) Amendment.
SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) 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 council giving the notice 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 trie 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 council 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 par- ticulars 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 council which has custody of the vehicle under this section has reasonable grounds to believe that a person whose name and address are in its possession is the owner of the vehicle, it shall forthwith cause notice to be served by post on that person requesting him to
Act No. 150, 1982.
Local Government {Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
have the vehicle released from the custody of the council within 14 days after the day on which the notice is posted, and a designated servant of the council 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;(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 (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 a council shall not, if the
matter or thing was done bona fide in pursuance of, and for the purpose of, executing this section, subject it to any action, liability, claim or demand.
Act No. 150, 1982.
Local Government (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
Disposition of certain money.
267c. (1) The residue, if any, of any money paid to a council in connection with the disposal of a vehicle under section 2 6 7 B (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 council for the payment of that residue to him; and
(ii) satisfies the council that he was, when the vehicle was disposed of, the owner of the vehicle,
be paid by the council to that person; or
(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 by the council to the Treasurer and deposited to the credit of the Con- solidated Fund. (2) A council shall not be liable in respect of any money
paid to the Treasurer 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.
(2) Section 35 1A (1) (a)—
Omit "conduct and control", insert instead "control and management".
9 Act No. 150, 1982.
Local Government (Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(3) Section 351AA—
After section 351A, insert:—-
Standing of unregistered vehicles upon public reserves, etc.
351AA. (1) In this section, "prescribed vehicle" means—
(a) a motor vehicle, within the meaning of the Motor Traffic Act, 1909, which is neither registered, nor exempt from registration, under the regulations made under that Act;
(b) any incomplete or partially constructed vehicle; and
(c) the remains of any vehicle.
(2) A person is guilty of an offence under this Act if, without the consent of the council, he stands a prescribed vehicle upon any public reserve or other land the care, control and management of which is vested in the council, not being a public road.
(3) A person is not guilty of an offence arising under subsection (2) if he satisfies the court that the prescribed vehicle to which the alleged offence relates ceased to be registered, or to be exempt from registration, under the regulations made under the Motor
| (4) (a) Section 510A (1)— | Traffic Act, 1909, within the period of 15 days immediately preceding the day on which the offence is alleged to have occurred. | After "regulate", insert "or prohibit". |
(b) Section 510A (2) (c)—
Omit "specified.", insert instead "specified;".
Act No. 150, 1982. 10
Local Government {Abandoned Vehicles) Amendment.
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c) Section 510A (2) (d )—
After section 510A (2) (c), insert:—
(d) to remove from the land such disused motor vehicles or old machinery or other old or used or second-hand materials as is or are situated on the land and may be so specified.
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