Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where there is not
a public pound situated within 5 kilometres of the land, or where the holding
capacity of any such pound is exhausted, the owner or occupier of land on
which cattle are found trespassing or in respect of which the provisions of
section 458(3) apply may impound the cattle in a convenient and suitable
place —
(a) upon
his land; or
(b) by
arrangement with the owner of any adjacent land, upon that land.
(2) A person
impounding cattle under the provisions of subsection (1) shall, within
24 hours of that impounding —
(a) if
the owner of the cattle is known to him, give to the owner of the cattle, or
leave at his usual or last known place of abode in the State, notice of the
impounding, specifying, with respect to the cattle, the same particulars as
are, by section 466 required to be specified in the notice given to the
keeper by a person impounding cattle in the public pound;
(b) if
the owner of the cattle is unknown to him, give to the keeper of the nearest
public pound the same notice specifying the same particulars with respect to
the cattle as is, by that section required to be given to the keeper by a
person impounding cattle in the public pound.
(3)(a) A person
impounding cattle under the provisions of subsection (1) shall cause the
cattle to be fed and maintained while they are impounded.
(b) If
the owner of the cattle has not at the expiration of the period of
72 hours paid to the owner or occupier causing the cattle to be impounded
the amount of damages which he is entitled to claim under this Act in respect
of the trespass of the cattle, together with charges for the sustenance of the
cattle whilst so impounded, at the same rates as are chargeable by the keeper
of the nearest public pound, the person who caused the cattle to be impounded
may —
(i)
impound the cattle in the nearest suitable public pound;
or
(ii)
arrange with the local government for a sale of the
cattle to be carried out by a person appointed by the local government at the
place where the cattle are impounded or at such other place as the local
government directs and in the same manner as if the cattle had been impounded
under subparagraph (i) in a public pound established and maintained by
that local government.
(3a) Where a local
government is requested by the owner or occupier of land within its district
who has caused cattle to be impounded under this section to arrange for a sale
of the cattle to be carried out by a person appointed by the local government,
the local government shall make the requisite arrangements accordingly and
shall cause a sale to be held and the money received in respect of the sale to
be dealt with as though the cattle had been impounded in a public pound which
was established and maintained by that local government.
(4) The owner or
occupier so impounding cattle or causing cattle to be impounded may claim and
recover in respect of the cattle so impounded sustenance charges in respect of
the sustenance of the cattle whilst impounded by him or at his request at the
rates chargeable by the keeper of the nearest public pound, in addition to
damages recoverable for the trespass of the cattle on his land.
(5) If any entire
horse, ass, or bull above the age of one year shall be found trespassing
without a keeper on any land, the owner of such land may castrate such cattle
if unbranded, and if the owner thereof be unknown.
(a) In
every case where any cattle shall have been castrated in accordance with the
foregoing provisions, no compensation shall be given to the owner of such
cattle for such castration.
(b) The
above enactments shall be cumulative, and not be a bar to any claim for any
compensation for damage or to any penalty which may have accrued by reason of
such trespass, unless such compensation shall have been claimed or determined
on the hearing of a charge of trespass.
[Section 460 amended by No. 94 of 1972
s. 4; No. 105 of 1973 s. 14; No. 14 of 1996 s. 4; No.
84 of 2004 s. 80.]