Queensland Consolidated Acts Queensland Consolidated Acts(1) If the chief executive is satisfied that stock are unlawfully in, and are detrimental to a State forest, timber reserve or forest entitlement area (the area) the chief executive may--
(a) cause to be twice inserted in a newspaper circulating in the district wherein the area is situated, a notification that on a day or days specified therein, and being not less than 28 days from the date of the second insertion of such notification, a muster or musters of all or any of such stock in the area will be made at a stockyard or stockyards, the location of which shall be adequately set out in the notification, and that the owners of such stock as may be mustered and other interested persons may claim such stock at such stockyard or stockyards;
(b) cause to be made a muster or musters of all or any of such stock in the area and, for this purpose, issue a permit to muster stock to such persons performing duties under this Act and to such other persons as the chief executive deems necessary.
(1A) A copy of that notification shall be posted up at the forestry office nearest to the area and a further copy thereof sent to--
(a) every clerk of a Magistrates Court for the Magistrates Courts district or districts within which the area is situated; and
(b) every inspector of stock for the district or districts within which the area is situated;
and, upon receipt, posted up by those officers at their respective offices.
(1B) However, the chief executive shall not issue a permit to muster stock with respect to any part of an area which is comprised in a Crown holding or is subject to a permit (other than a sales permit) granted under this Act without the consent in writing of the lessee, licensee or permittee first had and obtained.
(2) All stock mustered during any muster at a stockyard shall be held at that stockyard until noon on the day following the day of its muster at that stockyard unless otherwise lawfully dealt with under the provisions of this section.
(3) At least 1 forest officer shall attend at a stockyard on the day or days of each muster at that stockyard and until noon on the day following the last day of such muster.
(4) The forest officer in attendance at a stockyard shall release from that stockyard and shall deliver to the claimant therefor any stock in respect of which a person has--
(a) claimed ownership, or a right to possession, on the day of the muster at that stockyard or before noon on the day following the day of such muster; and
(b) established his or her claim to the satisfaction of the forest officer; and
(c) paid to the forest officer such fees as may be from time to time prescribed.
(4A) However, if the claimant has participated in and assisted the muster, and the forest officer thus certifies to the chief executive, the claimant may be granted a rebate of such sum on account of fees as the chief executive may determine.
(4B) Before the forest officer releases stock from a stockyard under subsection (4) the forest officer shall give to the person to whom the stock is to be released a permit to remove stock and travel it to the boundary of the area.
(5) Any person who removes, or causes to be removed, stock from a stockyard notified in accordance with the provision of subsection (1) shall be guilty of an offence unless the person has been given by the forest officer in attendance at that stockyard prior to such removal a permit referred to in subsection (4B).
(6) Stock remaining in a stockyard at noon on the day following the day of its muster at that stockyard shall be dealt with in the following manner--
(a) all stock that is unbranded or carries no decipherable brand (when clipped if necessary) or in respect of which a claim has been made in accordance with the provisions of subsection (4) but has not been established to the satisfaction of the forest officer in attendance at the stockyard or in respect of which a claim has been so established but the fees have not been paid as required by subsection (4) shall be sold, destroyed or otherwise disposed of in such manner and on such terms as the chief executive may determine;
(b) all other stock shall be dealt with in accordance with the provisions of the Local Government Act 1993 relating to the impounding of animals by private persons.
(7) The proceeds of sale of any stock and fees paid with respect to any stock under this section shall be paid to Consolidated Fund.
(8) No owner, nor any person claiming a proprietary or possessory interest in any stock sold, destroyed, disposed of or otherwise dealt with in pursuance of this section shall have any claim to damages or compensation or otherwise against the Crown or any other person on account of anything done or omitted to be done bona fide with respect to such stock in the course of carrying out or giving effect to the provisions of this section, anything in any Act or law or process of law to the contrary notwithstanding.