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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government (Straying Stock) Bill 2004
CONTENTS
1. Short title 1
2. Definitions 2
3. Crown not bound 3
4. Duty of owner to prevent stock straying 3
5. Local government may require fencing of property 3
6. Proceedings before issuing order 3
7. Local government may carry out work 4
8. Saving of other laws 5
293--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon Paddy Embry)
Local Government (Straying Stock) Bill 2004
A Bill for
An Act to enable local governments to require remedial action by the
owners of properties to prevent animals straying onto a road.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Local Government (Straying Stock)
5 Act 2004.
page 1
Local Government (Straying Stock) Bill 2004
s. 2
2. Definitions
(1) In this Act unless inconsistent with the context --
"fence" is an artificial or natural barrier that restricts stock
movement to the land it encloses and is capable of
5 preventing or resisting stock passing beyond it;
"local government" is a local government constituted under the
Local Government Act 1995 and includes any person or
persons lawfully exercizing the functions of a local
government;
10 "order" is a written statement addressed to an owner setting out
the terms of a resolution of a local government passed
under section 5;
"owner" is the owner of the land included in an order, and
includes an occupier of that land, or person having
15 ownership of the stock on that land who is neither the
owner nor the occupier;
"private road" is privately-owned land in common use as the
sole or principal means of shared access from a road to 2 or
more neighbouring properties;
20 "road" is any highway, road or street open to, or used by, the
public and includes --
(a) every carriageway, footway, reservation, median strip
and traffic island,
that is subject to control or regulation by a local
25 government; and
(b) a private road.
"stock" has the same meaning as it is given in section 5 of the
Stock (Identification and Movement) Act 1970 or as may be
prescribed under subsection (2);
30 (2) An animal species that is kept for a farming or agricultural
purpose may be prescribed by regulation as stock subject to this
Act.
page 2
Local Government (Straying Stock) Bill 2004
s. 3
3. Crown not bound
This Act does not bind the Crown.
4. Duty of owner to prevent stock straying
(1) An owner has a continuing duty to do those things necessary to
5 prevent stock straying onto a road.
(2) An owner who constructs and maintains a fence to a standard
determined or adopted by a local law (if any) complies with
subsection (1).
(3) In proceedings where breach of the duty under subsection (1) is
10 an issue, an owner incurs no civil or criminal liability arising
from those proceedings who proves that the breach was caused
by another person's act or omission of which the owner had no
prior knowledge and it is immaterial whether or not a legal
relationship was in existence, or had existed, between the owner
15 and that other person.
5. Local government may require fencing of property
(1) A local government may require an owner, by order, to erect or
repair a fence.
(2) Subsection (1) applies whether or not any stock may have
20 strayed before the time the order is made.
(3) An order must be made by resolution of the council of a local
government.
6. Proceedings before issuing order
(1) An order is not to be made unless the local government --
25 (a) has previously given written notice of the duty imposed
under section 4(1), has stated the grounds for its belief
that there has been, or there is likely to be, a breach of
that duty, and requested that the work described be
carried out to remedy or prevent that breach;
page 3
Local Government (Straying Stock) Bill 2004
s. 7
(b) has given an owner to whom paragraph (a) applies a
reasonable opportunity to have considered and
determined any modification of, or objection to, the
work to be carried out;
5 (c) is satisfied that an owner has failed to carry out the work
originally requested or as subsequently modified by
agreement.
(2) Subsection (1) continues to apply to a person who ceases to be
an owner, or to the executor or person administering the estate
10 of a deceased owner --
(a) until the local government is given notice of that fact,
the date on which it took effect, and the name of any
transferee of, or successor to, any right, title or interest
in or over the land affected; and
15 (b) the transferee or successor is served, not later than 14
days after the day on which the required information
was provided under paragraph (a), with a copy of the
notice given under subsection (1)(a) and advised of the
provisions of subsection (1)(b).
20 (3) An owner given notice under subsection (1)(a) may request that
it be redirected to a named person whose rights, title or interest
with respect to the land affected are paramount. A redirection is
to be treated as an original notice for any purpose of this
section.
25 7. Local government may carry out work
(1) A local government may apply to a Magistrate's Court for an
order authorizing the local government to carry out work in
default of the work being carried out by an owner.
(2) A Magistrate's Court, if satisfied that an owner's default is
30 deliberate or inexcusable, may --
(a) make the order conditionally or unconditionally;
(b) make the order so as to apply from a specified future
day;
page 4
Local Government (Straying Stock) Bill 2004
s. 8
(c) adjourn the proceedings on receipt of an undertaking
from the owner to carry out the work without further
delay;
(d) remit the matter to the local government for
5 reconsideration but with leave to resume proceedings if
no agreement is reached after reconsideration;
(e) refuse to make the order and require the owner to carry
out the work without further delay.
(3) The costs with respect to work authorized by an order made
10 under subsection (2) is a debt due and owing to that local
government and may be recovered from the owner in a court of
competent jurisdiction.
8. Saving of other laws
Nothing in this Act is to be interpreted or applied so as to
15 modify, suspend or extinguish a power conferred on a local
government by another written law that may be exercized for a
purpose relating or similar to a provision of this Act.
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