Untitled document

NORTHERN TERRITORY OF AUSTRALIA

REPP058

PALMERSTON (STRAY ANIMALS) BY-LAWS

As in force at 14 March 1986

TABLE OF PROVISIONS

By-law

1.Citation

2.Definitions

3.Animals not to stray

4.Authority to publish notice to ascertain          owner of animal

5.Disposal of animal

Notes

NORTHERN TERRITORY OF AUSTRALIA

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PALMERSTON (STRAY ANIMALS) BY-LAWS
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NOTE - THIS REPRINT SHOWS THE REGULATIONS AS IN FORCE AT 14 MARCH, 1986.  ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
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1. CITATION

These By-laws may be cited as the Palmerston (Stray Animals) By-laws.  (See back note 1)

1. DEFINITIONS

In these By-laws, unless the contrary intention appears -

"owner", in relation to an animal, includes a person who has the care or control of the animal;

"Palmerston" means the Palmerston town area within the meaning of the Palmerston Development Authority Act.

1. ANIMALS NOT TO STRAY

(1)  The owner of an animal shall not permit the animal to stray in Palmerston except on land -

(a)which is owned or occupied by him; or

(b)on which the animal is normally kept with the consent of the owner or occupier of that land.

(2)  Subject to by-law 4, where an animal strays in contravention of clause (1), the Authority may, with such contractors, servants, agents or workmen as it thinks fit for the purpose, seize the animal and sell it by auction or tender.

1. AUTHORITY TO PUBLISH NOTICE TO ASCERTAIN OWNER OF ANIMAL

The Authority shall not sell an animal seized in accordance with by-law 3(2) except where it has, for the purpose, subject to by-law 5, of returning the animal to its owner, published in a newspaper circulating generally in Palmerston a notice -

(a)giving a description of that animal, including any distinctive markings on it, and the date on, and place at, which it was so seized;

(b)an address at which that owner may, subject to by-law 5, collect that animal; and

(c)stating that, if that owner does not collect that animal within 5 days after the publication of the notice, it will be sold by auction or tender.

1. DISPOSAL OF ANIMAL

(1)  Where the owner of an animal seized in accord-ance with by-law 3(2) seeks to collect it before it is sold, the Authority shall, upon payment of an amount equal to the Authority's reasonable costs incurred in so seizing and keeping it, return it to him.

(2)  Where the Authority sells an animal seized in accordance with by-law 3(2), whether such sale is consequent upon -

(a)the failure of the owner of the animal to collect it within the period specified in the notice under by-law 4 relating to its collection; or

(b)the failure or refusal of the owner of the animal to pay the costs referred to in clause (1) in respect of it,

the Authority shall, where it is able to ascertain the name and address of that owner, pay to him the amount, if any, realized by the Authority on the sale of that animal less the reasonable costs of the Authority incurred in so seizing and keeping that animal.
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Notes

1. The Palmerston (Stray Animals) By-laws in force under the Local Government Act, comprise the Regulations 1983, No. 25 as amended by the other Regulations specified in the following table:

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Year and                 Date made               Date notified               Date of
    Number  in N.T. Govt              commencement
   Gazette
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1983, No. 25               28 June 1983            29 July 1983            29 July 1983

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