Straying Stock
The Shire regularly receives complaints from property owners, vehicle drivers and the Police Services on straying livestock on roadways throughout the Shire. Under the Local Government Act it is an offence for the owner of livestock to permit them to stray or to be at large.
If the owner of livestock:
- permits the livestock to stray;
- permits the livestock to be at large;
- tethers the livestock; or
- depastures the livestock
in a street or other public place he/she commits an offence. Penalty: $200.
If livestock are found straying or at large, or tethered, or depastured, in a street or other public place, the owner of the livestock is regarded for the purposes of this section as having permitted the cattle to so stray or to be at large or to have so tethered or depastured the cattle.
If the owner of the cattle cannot be found, the person in charge or apparently in charge of the cattle is regarded for the purposes of this section as the owner.
In proceedings relating to an offence mentioned in this section, an averment in the complaint that a person is the owner, or person in charge or apparently in charge, of the cattle in respect of which the complaint is made, is regarded as proved in the absence of proof to the contrary.
Rural property owners should safeguard their liability in this regard and ensure that boundary fences are in sound condition and gates locked to avoid prosecution or liability for damage to vehicles from accidents with straying livestock.
A person who neglects to keep in repair a fence or gate separating the land owned or occupied by him from a road commits an offence.
