2021-10-12 P&E Agenda - Item 2 - Attachment 8 - Consolidated version of Noosa Shire Council Local Law No. 1 (Administration) 2015

                          Noosa Shire Council Local Law No. 1 (Administration) 2015                             21


                    impound a structure, thing or goods (an impounded item);17 or
             (b)    the local government has impounded an item that has been delivered into its
                    custody pursuant to a local law (also an impounded item) and the local law
                    states that this section is to apply.
      (2)    However, this section does not apply to an impounded item that is an animal 18
      (3)    If the impounded item is perishable, it may be immediately disposed of as the
             chief executive officer directs and the proceeds applied in accordance with
             subsection (6).
      (4)    A person may reclaim the impounded item if—
             (a)    written application is made to the chief executive officer; and
             (b)    proof is produced to the satisfaction of the chief executive officer that the
                    applicant is the owner of the item; and
             (c)    the applicant pays the prescribed fee for the impounding of the item.
      (5)    At the expiry of 1 month since the date of impounding, the impounded item is
             forfeited to the local government, which may dispose of the item—
             (a)    if it has no commercial value or has a value that would not cover the costs of
                    sale of the item—as the chief executive officer directs; or
             (b)    by sale through—
                          (i)    public auction or tender, following an advertisement published at
                                 least 14 days before the date of the proposed sale; or
                          (ii)   an agent of the local government; or
                          (iii) an enterprise owned by the local government; or
             (c)    if it has been offered for sale under paragraph (b) but has not been sold
                    within a reasonable period—as the chief executive officer directs.
      (6)    The proceeds of the sale or disposal of the impounded item must be applied—
             (a)    firstly, towards the costs of the sale or disposal; and
             (b)    secondly, towards the prescribed fee for impounding the impounded item;
                    and
             (c)    thirdly, to the former owner of the impounded item.
       (7) If no person establishes a valid claim to the amount to which the former owner is
           entitled under subsection (6)(c) within 1 year of the date of the sale or disposal, the
           amount becomes the property of the local government.


Part 8                          Subordinate local laws

38    Subordinate local laws


17
   See, for example, section 28 in relation to structures or things brought onto a local government controlled area
or road in contravention of a local law and section 36 in relation to abandoned goods.
 See Local Law No.2 (Animal Management) 2015, part 4, in relation to the seizure of animals. See the Animal
18

Management (Cats and Dogs) Act 2008 in relation to the seizure of regulated dogs.