Victorian Numbered Acts

PRIMARY INDUSTRIES AND FOOD LEGISLATION AMENDMENT ACT 2012 (NO. 60 OF 2012) - SECT 4

After section 5A of the Impounding of Livestock Act 1994 insert —

        " 5B     Power to enter land or building and impound inadequately confined livestock

    (1)     An authorised officer of a council, with any assistance that is necessary, may enter any land or building (excluding any building occupied as a residence) in the municipal district of that council if the officer reasonably believes that there are livestock that are not adequately confined on the land or in the building and that either of the circumstances set out in subsection (4) applies.

    (2)     An authorised officer of a council must not exercise a power under this section except between the hours of 7 a.m. and 7 p.m. if the reasonable belief of the officer referred to in subsection (1) relates only to the circumstances set out in subsection (4)(b).

    (3)     An authorised officer of a council who enters any land or building under subsection (1) at which the owner or occupier of the land or building is present must take all reasonable steps to inform the owner or occupier of the purpose of the entry.

    (4)     If an authorised officer of a council enters land or a building under subsection (1) and finds livestock that are not adequately confined on the land or in the building, the officer may impound the livestock if the officer is satisfied that—

        (a)     if the livestock were to wander from the land or building—

              (i)     the welfare of the livestock or other livestock would be at risk; or

              (ii)     there would be a risk to public safety; or

        (b)     the livestock are the subject of a notice served on a person under section 16B requiring the person to take measures to adequately confine livestock on the land or in the building and the person has not taken those measures within the time specified in the notice.

    (5)     If an authorised officer of a council impounds any livestock under subsection (4), the officer must deliver the livestock to a pound.    

    (6)     If an authorised officer of a council exercises a power of entry under this section without the owner or occupier of the land or building being present, the officer must fix a notice to the building or to the entry gate of the land setting out—

        (a)     the time of entry; and

        (b)     the purpose of entry; and

        (c)     the number and description of any livestock impounded; and

        (d)     the time of departure; and

        (e)     the procedure for contacting the authorised officer of the council for further details of the entry and the impoundment of any livestock.".