Public Spaces (Unattended Property) Act 2021 (NSW)

Public Spaces (Unattended Property) Act 2021 No 38

An Act to encourage persons responsible for property to mitigate risks to access, safety and amenity that may arise from property being left unattended and to ensure public spaces can continue to be used, shared and enjoyed by the community by providing a scheme for dealing with unattended property; and to repeal the Impounding Act 1993.

Part 1 Preliminary

1 Name of Act This Act is the Public Spaces (Unattended Property) Act 2021.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are— (a) to encourage persons responsible for property to act quickly and responsibly to mitigate risks to access, safety and amenity that may arise from the property being left unattended, and (b) to ensure public spaces can continue to be used, shared and enjoyed by the community as a whole by— (i) empowering authorities to move and otherwise deal with property left unattended in public areas in the authority's area of control, and to take regulatory and enforcement action for offences, and (ii) providing for the appropriate and efficient temporary and longer-term storage or care of unattended property, and (iii) providing for the recovery of costs from responsible persons of dealing with unattended property, including costs involved in collecting and storing unattended property when responsible persons do not adequately resolve issues, and (iv) ensuring animals dealt with under the Act are cared for in a way that is consistent with community expectations and animal welfare laws, and (c) to empower occupiers of private land to take possession of stray animals on the land.

Part 2 Interpretation and application of Act