IMPOUNDING ACT 1993 -

IMPOUNDING ACT 1993 -

DICTIONARY

(Section 4)

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

"animal" means any of the following--

• cattle, horses, donkeys, mules, asses, camels, sheep, goats, pigs and deer,

• any dog that is in a national park, historic site, nature reserve, state game reserve, karst conservation area or Aboriginal area (as defined in the National Parks and Wildlife Act 1974 ),

• an animal (including a bird, reptile and fish) of any species prescribed by the regulations as a species of animal that can be impounded under this Act.

• in the case of an impounding officer appointed by a council, any place in the area of the council and any place in the area of another council in which that other council has authorised it to impound under this Act, but does not include the area of operations of an impounding officer appointed by the Director of National Parks and Wildlife,

• in the case of an impounding officer appointed by the Forestry Corporation--a State forest, timber reserve or flora reserve within the meaning of that Act and any other land owned by or under the control of the Forestry Corporation,

• in the case of an impounding officer appointed by the Minister administering the Ports and Maritime Administration Act 1995 , any area owned by or under the control of Transport for NSW,

• in the case of an impounding officer appointed by the Director of National Parks and Wildlife, a national park, historic site, nature reserve, state game reserve, state conservation area, regional park (other than a park under the care, control and management of a council), karst conservation area or Aboriginal area (as defined in the National Parks and Wildlife Act 1974 ),

• in the case of an impounding officer appointed by the Minister administering the Crown Land Management Act 2016 , any Crown land (including Crown managed land) as defined in that Act that is not the subject of a holding (as defined in that Act) or any land in the Western Division (as defined in that Act) that is not within the area of a local council,

• in the case of an impounding officer appointed by Transport Asset Holding Entity of New South Wales, land owned by or under the control of Transport Asset Holding Entity of New South Wales,

• in the case of an impounding officer appointed by Sydney Metro, land owned by or under the control of Sydney Metro,

• in the case of an impounding officer appointed by Sydney Trains, land owned by or under the control of Sydney Trains,

• in the case of an impounding officer appointed by NSW Trains, land owned by or under the control of NSW Trains,

• in the case of an impounding officer appointed by Residual Transport Corporation of New South Wales, land owned by or under the control of that body,

• in the case of an impounding officer appointed by Transport for NSW--

-- land owned by or under the control of Transport for NSW, and

-- without limiting the above, any road, land along or near the line of a road, land vested in Transport for NSW, and a bridge, ferry or tunnel vested in or subject to the administration or control of Transport for NSW,

• in the case of an impounding officer appointed by the Regulatory Authority within the meaning of the Water NSW Act 2014 , any special or controlled area (as defined in that Act),

• in the case of an impounding officer appointed by the Centennial Park and Moore Park Trust, Trust lands within the meaning of the Centennial Park and Moore Park Trust Act 1983 ,

• in the case of an impounding officer appointed by the Sydney Olympic Park Authority, land within the Sydney Olympic Park Development Area within the meaning of the Sydney Olympic Park Authority Act 2001 ,

• in the case of an impounding officer appointed by the Sydney Harbour Foreshore Authority, any land within the foreshore area within the meaning of the Sydney Harbour Foreshore Authority Act 1998 ,

• in the case of an impounding officer appointed by the Western Sydney Parklands Trust, Trust land within the meaning of the Western Sydney Parklands Act 2006 .

• in the case of an impounding officer appointed by a public authority prescribed by the regulations as an impounding authority, the place or class of places for which the public authority is prescribed by the regulations as an impounding authority,

• in the case of an impounding officer appointed by Local Land Services, any region.

Note : Under section 5 a police officer is regarded as having been appointed an impounding officer by each impounding authority. This means that the area of operations of a police officer is the combined areas of operations of all appointed impounding officers.

• a council,

• the Forestry Corporation,

• the Minister administering the Ports and Maritime Administration Act 1995 ,

• the Chief Executive of the Office of Environment and Heritage,

• the Minister administering the Crown Land Management Act 2016 ,

• Transport Asset Holding Entity of New South Wales,

• Sydney Metro,

• Sydney Trains,

• NSW Trains,

• Residual Transport Corporation of New South Wales,

• Transport for NSW,

• the Regulatory Authority within the meaning of the Water NSW Act 2014 ,

• the Centennial Park and Moore Park Trust,

• Local Land Services,

• the Sydney Harbour Foreshore Authority,

• the Sydney Olympic Park Authority,

• the Western Sydney Parklands Trust,

• a public or local authority prescribed by the regulations as an impounding authority for a particular place or class of places.

Note : Under section 5 all police officers have the powers of impounding officers. Police officers are not expected to exercise a primary role under this Act. Primary responsibility under this Act rests with the appropriate impounding authority.

(a) a motor vehicle within the meaning of the Road Transport Act 2013 , and includes a caravan, boat trailer or other trailer (whether or not attached to such a vehicle), and

(b) the remains of such a vehicle, and

(c) any article (including parts and accessories) that is secured to or in such a vehicle at the time it is impounded.

(a) a person who is managing the land on behalf of its owner or occupier, and

(b) a person who is responsible for caring for or controlling the land.

• all land, except Crown land (including Crown managed land) as defined in the Crown Land Management Act 2016 for which there is no Crown land manager under that Act, and

• Crown land (as defined in that Act) that is the subject of a holding (as defined in that Act).

Note : Land held under a lease from the Crown is treated as private land.

(a) whether or not payment for admission to the place is required, and

(b) whether or not the place is usually open to or frequented by the public,

(c) any place dedicated or reserved for a public purpose, and

(d) a place which, although privately owned, is a place to which the public are permitted to have access for the purposes of business or leisure or to use as a thoroughfare.