Part 7Offences
62Trespassing animals
Any animal that is found trespassing on a national park may be seized by any ranger or person called upon by him for assistance.
Where any such animal is unbranded or unregistered and has no reputed owner, it shall be forfeited to the Crown, and the Minister may cause it to be destroyed, sold, or otherwise disposed of as he thinks fit.
Where any such animal is branded or registered or has a reputed owner, the Minister may—
- give written notice to the reputed owner, or his agent, or any person who ought to have charge of the animal; or
- issue, once a week for 2 consecutive weeks in some newspaper circulating in the locality, a notice,—
If any animal referred to in subsection (3) is not so removed within the period mentioned in the notice, the Minister may cause it to be destroyed, sold, or otherwise disposed of.
Any person convicted of an offence against section 60(1)(a) shall, in addition to any penalty for which he may be liable in respect of the offence, be liable to pay—
- any costs incurred by the Minister in giving or issuing any notice under subsection (3); and
- the expenses of mustering, keeping, destroying, selling, or otherwise disposing of the animal in accordance with this section; and
- the cost of repairing or restoring any damage done to the park by the animal.
The costs and expenses referred to in subsection (5) shall be assessed by a District Court Judge and shall be recoverable
in like manner as a fine.All money received by the Minister under this section shall be paid into
a Crown Bank Account and dealt with in accordance with section 57.Nothing in this section applies to wild animals (as defined in section 2 of the Wild Animal Control Act 1977).
Notes
- Section 62(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 62(7): amended, on , pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).
- Section 62(8): inserted, on , by section 6 of the National Parks Amendment Act 1994 (1994 No 112).