Hansard debates

                          IMPOUNDING OF LIVESTOCK BILL
                                 Second reading

  Mr MACLELLAN (Minister for Planning) -- I move:
  That this bill be now read a second time.
INTRODUCTION
Legislation dealing with the impounding of wandering  livestock requires a major
overhaul.  The current  law  is confusing. The  main  piece of legislation,  the
Pounds Act 1958,  is  archaic and it is  unclear how it operates in  relation to
other legislation which also deals with impounding.

Legislation dealing with one person's right to deal with another's property must
set out rights and obligations clearly, and this is currently not the case.
The Impounding of Livestock Bill will provide in the one  act for the impounding
of livestock  found wandering on any land  or roads across the state and for the
first time  clearly set  out who is authorised to impound and  their rights  and
obligations.
The  bill will also give landowners more  flexibility  in  how  they  deal  with
wandering  stock  and at the same time impose new  duties of care on them and on
councils.
DEVELOPMENT AND CONSULTATION
There has been wide consultation on this bill.

Eighteen months ago a working  party  was  set  up with representatives from the
Victorian Farmers Federation, the Municipal Association of Victoria and relevant
government departments. The working party developed  two discussion papers which
were circulated to all councils and members of the Victorian Farmers Federation.
There has also been extensive consultation with other interested groups.
This consultation is  important because the bill  represents a balancing  of the
interests  of  different  groups,  in  particular  the  interests  of  councils,
landowners and livestock owners.
KEY FEATURES
I shall now briefly turn  to the key features of  the bill. Clause 5 establishes
who is authorised to impound wandering livestock and in what circumstances.

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Only  persons specifically  authorised  under this  bill  will  be permitted  to
impound, and  these  persons are  authorised  officers of councils,  owners  and
occupiers of land (including Crown land), officers of  the Roads Corporation and
authorised officers in relation to Crown land.
Importantly, there  is  no  obligation  upon  a  person  to impound. This is the
present situation under the Pounds Act 1958,  but there was considerable  debate
about  whether  a  new   obligation  should  be  placed   on  councils  to  take
responsibility for wandering  stock. Naturally councils were reluctant to assume
a new obligation that could  lead to increased costs. More importantly, however,
the current arrangements in this  regard seem to work well in practice while the
greater clarity in landowners' obligations should  further  assist neighbours to
resolve matters between themselves.

Clauses 6 to 16 set out the rights and obligations required of those who impound
wandering stock. Councils  will have additional obligations to others. They will
be required to take reasonable steps to find out who owns the livestock and give
written notice of the impoundment to the owner. The notice  will also inform the
owner of his or her rights.
Part 3 of the  bill spells out the  rights  of councils to dispose  of impounded
livestock and how the proceeds of any sale are to be applied.
In most cases councils will be required to hold impounded livestock for at least
seven days before they can be sold  or destroyed.  However, where  stock are  in
very poor condition  and  the  cost  of  keeping  them would exceed their value,
council officers  will generally  be able  to destroy them after 48 hours on the
written order of an inspector of stock.

After much  deliberation  it was recommended  by  the working  party  that  only
persons currently  authorised under other  legislation should have the  power to
destroy injured, distressed or diseased animals.
REPEALS AND AMENDMENTS TO OTHER ACTS
Finally,  part  7  of the bill deals with the rationalisation  of  the  existing
legislation. It repeals the  Pounds  Act 1958 and amends those acts dealing with
impounding of livestock on Crown land.
I commend the bill to the house.
Debate adjourned on motion of Mr LEIGHTON (Preston).
Debate adjourned until Thursday, 24 November.