Law of Animals Act 1962 (Tas)

Law of Animals Act 1962

An Act to consolidate and reform certain enactments and rules of common law relating to animals [Royal Assent 14 February 1963]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title and commencement This Act may be cited as the Law of Animals Act 1962 and shall commence on the day on which the Local Government Act 1962 commences.

2. Interpretation In this Act, unless the contrary intention appears – owner – (a) in relation to an animal includes any servant or agent of the owner having charge of the animal; and (b) in relation to land means the person in possession thereof, his servants, and agents; pound means a pound established under the Local Government Act 1993 .

PART II - Distress Damage Feasant

3. Limitation of right of distress The right to distrain trespassing animals is subject to the provisions of this Part.

4. Distance For the purposes of this Part, distance shall be reckoned by the shortest route practicable in the circumstances and distances less than a kilometre shall be disregarded in determining which is the shorter of 2 routes.

5. Impounding in private pounds (1) An owner who distrains a trespassing animal and detains it on his own land – (a) shall, as soon as practicable after finding the animal – (i) inform the officer in charge of the nearest police station, if orally, confirming the information in writing as soon as practicable; and (ii) give notice in writing to the owner of the animal, if known to him, and if not to the keeper of the nearest pound – of the particulars mentioned in section 6 (2) ; (b) is bound to comply with the provisions of the Animal Welfare Act 1993 in respect of the animal; (c) may recover from the owner of the animal the charges prescribed under the Local Government Act 1993 for keep, giving notice of impounding, and damage done by the animal in trespassing; and (d) may at any time deal with the animal as provided in section 6 . (2) Where an animal detained on the distraining owner's land is dealt with as provided in section 6 within 24 hours after it is found trespassing, it is unnecessary to comply with subsection (1) (a) . (3) If an animal detained on the distraining owner's land appears to be too sick or injured reasonably to be removed to a pound the distraining owner may apply to a justice for authority to destroy the animal, and the justice, after such inquiry and inspection as he thinks sufficient, may give his authority accordingly by warrant under his hand, and shall therein direct and authorize the disposition of the carcase and of the proceeds of sale, if any, of the carcase or any part of it. (4) If an owner who has distrained a trespassing animal contravenes this section in respect of it his detention of the animal thereafter is unlawful. (5) A person who has not complied with paragraph (a) of subsection (1) within 24 hours of finding the animal trespassing shall be deemed to have contravened the paragraph unless he proves that he did comply therewith as soon as practicable.