Western Australian Consolidated Acts

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LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1960 - SECT 458

458 .         Powers of impounding cattle

        (1)         Cattle found trespassing upon land may be impounded in the nearest suitable public pound by the owner or occupier of the land or by a ranger.

        (2)(a)         A person who is a ranger appointed to do so by the local government, or an employee of, or other person authorised by, the local government, may impound cattle —

                  (i)         found wandering, straying, or lying upon a street, way, or place mentioned in section 447; or

                  (ii)         found wandering, straying, or lying, upon vacant Crown land.

            (b)         The ranger, employee, or authorised person so impounding cattle may claim ranger’s fees at the rate set out in Part 2 of the Fifteenth Schedule in respect of each animal which belongs to the same owner and which is impounded by him, notwithstanding that more animals than one of the same owner are impounded at the one time, and the sum may be recovered in the same manner as the poundkeeper’s fees and charges.

            (c)         Cattle found on a street which comprises a boundary of the district or which abuts the district may be so impounded by the ranger, employee or authorised person, notwithstanding that the place on which the cattle are so found is outside the district.

        (3)         The occupier of enclosed land may seize and impound in the nearest suitable pound —

            (a)         cattle found wandering, straying, or lying, upon a street, abutting the enclosed land of the occupier; or

            (b)         cattle found feeding off the enclosed land whether through or over a fence or otherwise notwithstanding that the cattle are upon the street.

        (4)         A person may seize and impound in the nearest suitable pound cattle found straying or at large or unlawfully tethered or depastured in a street, or other public place within a city, town or township.

        [Section 458 amended by No. 14 of 1996 s. 4.]



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