2015-02-03 P&O Agenda - Item 7 - Attachment 1 - Proposed Local Laws

                      Noosa Shire Council Local Law No. 2 (Animal Management) 2015                          16



28    Dealing with animal seized and impounded for attacking etc a person or
      another animal
      (1) This section applies where an authorised person has impounded an animal seized
          under section 21(1)(c).
      (2) The authorised person may24—
             (a)    make a destruction order for the animal under section 30; or
             (b)    give the owner or responsible person a notice of impounding.

29    Reclaiming an impounded animal
      (1) This section applies where—
             (a)    the owner or responsible person for an animal has been given a notice of
                    impounding; or
             (b)    an authorised person does not know, and cannot readily find out, the name
                    and address of an owner or responsible person for the animal.
      (2) The animal may be reclaimed by an owner or responsible person if the owner or
          responsible person—
             (a)    reclaims the animal within the prescribed period; and
             (b)    pays the cost-recovery fee; and
             (c)    if an approval or registration is required for the keeping of the animal and
                    the owner or responsible person does not have the approval or registration—
                    obtains the approval or registration; and
             (d)    if the responsible person has not complied with a current compliance notice
                    that has been issued in relation to compliance with this local law—complies
                    with the compliance notice.
      (3) However, the animal may not be reclaimed by an owner or responsible person if—
             (a)    continued retention of the animal is needed as evidence for a proceeding or
                    proposed proceeding for an offence involving the animal; or
             (b)    a destruction order has been made for the animal.
      (4) The animal may be reclaimed by an owner or responsible person for the animal if
          an event as follows happens—
             (a)    if subsection (3)(a) applies—
                        (i)      an authorised person advises the owner or responsible person that
                                 the animal’s continued retention as evidence is no longer
                                 required; and
                        (ii)     the owner or responsible person has satisfied subsection (2)(b)-
                                 (d);
             (b)    if subsection (3)(b) applies—


24
   An authorised person may also declare an animal as a declared dangerous animal under section 19 if specified
criteria are met.