Commonwealth Numbered Regulations

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SYDNEY HARBOUR FEDERATION TRUST REGULATIONS 2001 2001 No. 296 - REG 35

Removal of abandoned property
(1)
A ranger or warden (with whatever assistance is reasonably necessary) may remove, to a place on Trust land or reasonably adjacent to Trust land set aside for the purpose, any property that the ranger or warden believes, on reasonable grounds, has been abandoned.

(2)
The ranger or warden must take reasonable steps to identify the owner of the property and inform the owner of the removal.

(3)
If the owner of the property cannot be identified, the steps include publishing, in a newspaper circulating generally in New South Wales, an advertisement that includes:

(a)
a description of the property; and

(b)
the date when, and location of the Trust land from which, the property was removed.

(4)
The Trust must release the property to its owner on payment to the Trust of the Trust's reasonable costs of the removal and storage of the property.

(5)
An amount payable to the Trust is a debt due to the Trust recoverable in a court of competent jurisdiction.

(6)
The Trust is not required to return the property to a person claiming it unless the person pays the amount due to the Trust under this regulation.

(7)
If a ranger or warden removes property under this regulation, neither the ranger or warden, nor any person who assists him or her to do so, nor the Trust, is liable for any loss of, or damage to, the property that occurs while it is being moved with reasonable care, and stored, in accordance with this regulation.

(8)
In this regulation:

"property" includes any vehicle, vessel, watercraft, structure or materials.



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