2018-08-07 S&O Agenda - Att 5 to Item 7 - Local Law Amendments

                   Noosa Shire Council Local Law No. 2 (Animal Management) 2015                          19


                (ii)    dispose of the animal in some other way without destroying it; or
                (iii)   destroy the animal.
          Example for paragraph (b)—
            The subordinate local law might specify dogs, cats and other small domestic animals, for which a
            public auction or tender might not be practicable.
     (2) An animal may only be sold or disposed of under subsection (1) if the local
         government is satisfied that this will not result in the animal being kept in
         contravention of the requirements of this local law.
          Examples—
               A pig that has been seized because it is being kept in an urban area in contravention of a
                prohibition under a subordinate local law could be sold to a person outside the urban area
                but not to another person in an urban area.
               An animal that a subordinate local law has prohibited in any part of the local government
                area could not be sold to a person who resides within the local government area.
               A declared dangerous animal could only be sold to a person who has complied with any
                specified requirements for keeping such an animal.
     (3) If an animal is to be offered for sale at a public auction under this section, notice of
         the time and place of the auction must be exhibited at the local government’s
         public office for at least 2 days before the date of the auction.
     (4) An amount realised on sale of an impounded animal must be applied—
          (a)    first, towards the costs of the sale; and
          (b)    second, towards the cost-recovery fee for impounding; and
          (c)    third, in payment of the remainder to the former owner of the animal, unless
                 the owner had surrendered the animal to the local government.
     (5) If no person establishes a valid claim to the amount to which the former owner is
         entitled under subsection (4)(c) within 1 year of the date of the sale, the amount
         becomes the property of the local government.
     (6) If an animal that is offered for sale by public auction or tender is not sold through
         the auction or tender process, the local government may dispose of the animal as it
         considers appropriate.
          Examples—
               The local government may give the animal away.
               The local government may have the animal destroyed.




Division 6               Other impounding matters

33   Register of impounded animals
     (1) The local government must ensure that a proper record of impounded animals (the
         register of impounded animals) is kept.
     (2) The register of impounded animals must contain the following information about
         each impounded animal—