AustLII Tasmanian Consolidated Acts

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ANIMAL FARMING (REGISTRATION) ACT 1994 - SECT 22

PART 5 - Miscellaneous 22. Escape of prescribed animal

      (1) In this section, "escaped prescribed animal" means a prescribed animal which has escaped from specified premises whether or not the property rights of the registered animal farmer or any other person have been extinguished under subsection (8).

      (2) If a prescribed animal escapes from specified premises, the registered animal farmer or person-in-charge of the specified premises must –

(a) notify the nearest officer or the Secretary immediately; and

(b) take all reasonable steps to recover the prescribed animal.

      (3) An officer may require a registered animal farmer to take the action specified in the requirement for one or more of the following purposes:

(a) the recovery of the escaped prescribed animal;

(b) the prevention of the escape of the recovered or another prescribed animal;

(c) the destruction of the escaped prescribed animal.

Penalty:

Fine not exceeding 100 penalty units.

      (4) The Secretary or an officer may take such steps as he or she considers necessary to recover or destroy an escaped prescribed animal.

      (5) The Secretary or an officer must not destroy, or require a registered animal farmer to destroy, an escaped prescribed animal within the period specified in subsection (8) or extended under subsection (9) except where the Secretary is of the opinion that –

(a) it is necessary for the escaped prescribed animal to be destroyed to prevent a risk to the public or the environment; or

(b) the owner of the escaped prescribed animal consents.

      (6) A registered animal farmer is liable to pay to the Crown the amount of the costs, charges and expenses reasonably incurred by the Secretary or an officer in taking steps to recover or destroy an escaped prescribed animal.

      (7) The Crown is not liable to pay compensation in respect of an escaped prescribed animal that has been destroyed by, or as required by, the Secretary or an officer.

      (8) If a registered animal farmer has not recovered an escaped prescribed animal within a period of 48 hours after he or she or the person-in-charge of the specified premises first becomes aware of the escape, all property rights of the registered animal farmer or any other person in relation to the escaped prescribed animal are extinguished at the end of that period.

      (9) On the written application of a registered animal farmer or any other person with property rights in an escaped prescribed animal, the Secretary may extend the period referred to in subsection (8).



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