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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 19:04)
Part 16B Section 210L
210L   Stock mustering orders
(1)  The Local Court may, on application by the owner of stock or a police officer, make an order (a stock mustering order) that authorises a person named in the order to do one or more of the following—
(a)  enter the land specified in the order, including the airspace above the land, to conduct, under the direction and supervision of a police officer, a muster of the stock identified in the order, so as to locate and remove the stock,
(b)  search for and take possession of stock found at the land that matches the description of the stock identified in the order,
(c)  draft, cut out, and take any other action necessary to identify and separate the stock from other stock, but only for the purposes of conducting the muster,
(d)  bring onto the land specified in the order any agent, assistant, horse, dog, vehicle or equipment reasonably necessary for the search, or for the taking possession of stock, that is authorised by the order.
(2)  A stock mustering order is taken to also authorise any police officer to do either or both of the following—
(a)  enter the land specified in the order, including the airspace above the land, to direct and supervise the muster of the stock identified in the order, so as to locate and remove the stock,
(b)  bring onto the land any horse, dog, vehicle or equipment that is reasonably necessary for directing and supervising the muster.
(3)  The Local Court is to make a stock mustering order only if satisfied that—
(a)  the owner of stock or police officer who applied for the order has reasonable grounds for believing that the owner’s stock is on land managed or controlled by another person, and
(b)  either the person managing or controlling the land has unreasonably refused to permit the owner of stock or police officer who applied for the order to enter the land to search for, locate and remove the stock or it is impracticable for the owner of stock or the police officer to obtain such permission.
(4)  A stock mustering order must state—
(a)  the general grounds on which the order is made, and
(b)  the period for which it applies.
(5)  Part 4 of the Local Court Act 2007 applies, subject to any modifications provided for by this Part or by the regulations, to proceedings for a stock mustering order under this Part, as if those provisions were application proceedings against the person managing or controlling the land in relation to which the order is sought.
Note.
 Section 70 of the Local Court Act 2007 provides for appeals in relation to matters dealt with under Part 4 of that Act.