NSW Can I shoot a bull that trespasses onto my property?

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EleanorMaher

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29 July 2019
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The owner has been told of the problem (repeatedly) and asked to keep her cattle on her land. She tells me I have no right to shoot any of her stock that come onto my land, despite the fact that they constitute a biosecurity risk to my stock.
 

Rob Legat - SBPL

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16 February 2017
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I seriously doubt it, and also doubt you could maintain a biosecurity hazard argument unless there were other factors which supported a claim the animal was carrying disease. Controlling of declared pests is restricted to set species determined by the government.

I suggest you read this What to do if you find livestock on your property or wandering around – Lismore City Council and this https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0003/723180/Straying-Stock.pdf

None of the available options appear to include destroying the animal.
 

Tim W

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28 April 2014
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She tells me I have no right to shoot any of her stock that come onto my land, despite the fact that they constitute a biosecurity risk to my stock.
...just as you had no right to threaten to do it.
The threat you've already made to shoot them puts the offence of "Threaten To Destroy Or Damage Property" on the table - for you, not her.

I have grazing connections, so I understand a little about farm biosecurity
(we're JBAS 7/8, for example.... ).
Let's be clear - no, you don't have the right to destroy an animal just because you think it might be a hazard.
In fact, if you impound it on your land (which you can do), then you have a positive duty to look after it, properly, so as to avoid prosecution for an animal cruelty offence.

Also, before you shoot anything, make sure your own gates and fences are 100% in order.
You have a duty to keep biohazards out of your place,
just as she has a duty to keep her own stock on her own land.

I endorse the DPI Fact Sheet that @Rob Legat - SBPL linked above
as a reliable source of information.
 
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EleanorMaher

Member
29 July 2019
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Thanks for the information. I had accessed those links - and I do appreciate fully the animal welfare arguments. What I find difficult to understand is how I am supposed to deal with someone who does not control their animals and who has a slack attitude to maintaining or contributing to maintenance of fencing. I don't want her bull impregnating my cows, nor spreading worms (s she doesn't believe in drenching) and yet it appears I can do nothing except ask her (again, repeatedly) to manage her stock and look after any that come onto my place (again, repeatedly). It seems it is my responsibility to deal with the consequences of her actions and she (again) is allowed to do whatever she wants with no regard to others' property, management or stock. Not being allowed to shoot (humanely) a nuisance bull? Now, that's a law dreampt up by someone with no understanding of the realities of living in a small rural community. I do however appreciate your replies.
 

Tim W

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28 April 2014
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Thanks for the information. I had accessed those links - and I do appreciate fully the animal welfare arguments. What I find difficult to understand is how I am supposed to deal with someone who does not control their animals and who has a slack attitude to maintaining or contributing to maintenance of fencing.
Well, your personal exasperation still doesn't give you the right to shoot her animals.
Imagine if it was she who was complaining about yours.
I don't want her bull impregnating my cows, nor spreading worms (s she doesn't believe in drenching) and yet it appears I can do nothing except ask her (again, repeatedly) to manage her stock
Have you considered a Fencing Notice (and eventually, a Fencing Order) from either NCAT, or the Local Court?
It seems it is my responsibility to deal with the consequences of her actions and she (again) is allowed to do whatever she wants with no regard to others' property, management or stock.
She's not "allowed" to do any such thing. Rather the opposite, in that she had a duty of care of which she may be in breach.
There are two aspects to why she isn't securing her animals - either she can't afford it (and doesn't want to admit that), or
she genuinely doesn't care (which could be, but is not always and automatically, nuisance, or perhaps negligence).
Not being allowed to shoot (humanely) a nuisance bull? Now, that's a law dreampt up by someone with no understanding of the realities of living in a small rural community. I do however appreciate your replies.
If you live in a small community then perhaps you should be more alert to the need to deal with conflict incrementally?
Being "fed up" does not give you the option to shoot the animal(s) with impunity.
And no, you haven't been acting incrementally. Repeating the same request over and over is not incremental action.
Nor is making a criminal threat with the intention of intimidating her into action.
Your next move - finding out about the suitability of a Fencing Notice - is an incrmental step.

Further - it's not a nuisance bull. It's just a bull.
And either way, you don't get to decide.
It's the actions/ inactions of your neighbour that (might, subject to lots of ifs and buts and unstated variables)
amount to nuisance, or perhaps negligence.
 

EleanorMaher

Member
29 July 2019
3
0
1
Thanks again Tim for your thoughts. As you can tell, I am feeling somewhat frustrated by the situation and this evidently came across. It is a small community and each of her immediate neighbours are having the same problems. I didn't ever think that I could shoot her animals because I was fed up - I understood that there was an issue of what I now know was called 'cattle trespass' (and now know has been repealed) and had been told by several established farmers in the area that an animal in such circumstances could be shot. Ok, now I know that's not the case (and very glad I thought to have a rummage around the internet on what might be the steps that must be followed). (And in any case, shooting any animal is not something done lightly or even willingly.) My intention was neither to threaten nor to intimidate but rather to inform (on the basis that I thought cattle trespass provided some rights to those affected to take actions after talking , negotiating etc). I imagine that would not constitute a defence on my part - it appears we have no rights despite the conventions and neighbourly expectations that go hand-in-hand with a small community. Other neighbours have tried the Fencing Notice approach to no avail. One served her with a legal notice (ie prepared by solicitors) . She appears to ignore official Notices issued to her , eg noxious weed control orders and so on. We won't bother. We'll continue to wear the time and cost of doing the fencing ourselves as there's no point expending further time or money (neither of which we have) on trying to have her contribute. We'll adjust our stock management, although that too will incur a financial penalty for us. It appears she is our local 'difficult' and we will continue to work around her trouble-making. I don't blame the bull. Again, I appreciate the time you have given me (and by extension the rest of our small community who will now know the deal).
PS: perhaps you could add to your 'remember' after your disclaimer with 'or what the old bloke down the road says' .

Well, your personal exasperation still doesn't give you the right to shoot her animals.
Imagine if it was she who was complaining about yours.
Have you considered a Fencing Notice (and eventually, a Fencing Order) from either NCAT, or the Local Court? She's not "allowed" to do any such thing. Rather the opposite, in that she had a duty of care of which she may be in breach.
There are two aspects to why she isn't securing her animals - either she can't afford it (and doesn't want to admit that), or
she genuinely doesn't care (which could be, but is not always and automatically, nuisance, or perhaps negligence).If you live in a small community then perhaps you should be more alert to the need to deal with conflict incrementally?
Being "fed up" does not give you the option to shoot the animal(s) with impunity.
And no, you haven't been acting incrementally. Repeating the same request over and over is not incremental action.
Nor is making a criminal threat with the intention of intimidating her into action.
Your next move - finding out about the suitability of a Fencing Notice - is an incrmental step.

Further - it's not a nuisance bull. It's just a bull.
And either way, you don't get to decide.
It's the actions/ inactions of your neighbour that (might, subject to lots of ifs and buts and unstated variables)
amount to nuisance, or perhaps negligence.
 

lisa Veria

Active Member
28 April 2020
7
0
31
I have been in the exact same situation. Frustrating isn’t it. Well, the answer is you must report the bull to the DPI. You are using the biosecurity act 2015 And under this law an owner must keep their cattle on their property. Basically, their cattle could pass parasites and disease and weeds (this is the angle you use) If the cattle come to your place you notify the DPI who will then call your local lands council that organised their ranger to collect the cattle and impound them. Your neighbour will be issued a fencing order under the fence act to repair their fences. Once your neighbour can show the repairs have been completed, your neighbour will pay the pound a fee to collect their cattle back otherwise cattle will be sent to sale yards and your neighbour loses their cattle. Hope this helps.
 

lisa Veria

Active Member
28 April 2020
7
0
31
*DPI will call Local lands to organise their ranger to collect cattle (bull). Say you fear your cattle getting a disease or parasites and your property infested with weeds. This is a plausible reason under the biosecurity act 2015 and the DPI must take action. The ranger from local lands will impound the bull.
 

lisa Veria

Active Member
28 April 2020
7
0
31
Well, your personal exasperation still doesn't give you the right to shoot her animals.
Imagine if it was she who was complaining about yours.
Have you considered a Fencing Notice (and eventually, a Fencing Order) from either NCAT, or the Local Court? She's not "allowed" to do any such thing. Rather the opposite, in that she had a duty of care of which she may be in breach.
There are two aspects to why she isn't securing her animals - either she can't afford it (and doesn't want to admit that), or
she genuinely doesn't care (which could be, but is not always and automatically, nuisance, or perhaps negligence).If you live in a small community then perhaps you should be more alert to the need to deal with conflict incrementally?
Being "fed up" does not give you the option to shoot the animal(s) with impunity.
And no, you haven't been acting incrementally. Repeating the same request over and over is not incremental action.
Nor is making a criminal threat with the intention of intimidating her into action.
Your next move - finding out about the suitability of a Fencing Notice - is an incrmental step.

Further - it's not a nuisance bull. It's just a bull.
And either way, you don't get to decide.
It's the actions/ inactions of your neighbour that (might, subject to lots of ifs and buts and unstated variables)
amount to nuisance, or perhaps negligence.
LOCAL LAND SERVICES (LLS)
 

lisa Veria

Active Member
28 April 2020
7
0
31
Thanks again Tim for your thoughts. As you can tell, I am feeling somewhat frustrated by the situation and this evidently came across. It is a small community and each of her immediate neighbours are having the same problems. I didn't ever think that I could shoot her animals because I was fed up - I understood that there was an issue of what I now know was called 'cattle trespass' (and now know has been repealed) and had been told by several established farmers in the area that an animal in such circumstances could be shot. Ok, now I know that's not the case (and very glad I thought to have a rummage around the internet on what might be the steps that must be followed). (And in any case, shooting any animal is not something done lightly or even willingly.) My intention was neither to threaten nor to intimidate but rather to inform (on the basis that I thought cattle trespass provided some rights to those affected to take actions after talking , negotiating etc). I imagine that would not constitute a defence on my part - it appears we have no rights despite the conventions and neighbourly expectations that go hand-in-hand with a small community. Other neighbours have tried the Fencing Notice approach to no avail. One served her with a legal notice (ie prepared by solicitors) . She appears to ignore official Notices issued to her , eg noxious weed control orders and so on. We won't bother. We'll continue to wear the time and cost of doing the fencing ourselves as there's no point expending further time or money (neither of which we have) on trying to have her contribute. We'll adjust our stock management, although that too will incur a financial penalty for us. It appears she is our local 'difficult' and we will continue to work around her trouble-making. I don't blame the bull. Again, I appreciate the time you have given me (and by extension the rest of our small community who will now know the deal).
PS: perhaps you could add to your 'remember' after your disclaimer with 'or what the old bloke down the road says' .
Why are you making it so complicated? The answer is not shooting the Bull or cattle’s it’s not their fault the owner is being irresponsible. THE ANSWER IS DPI use Biosecurity Act 2015 threat of parasites etc they will call the Ranger (local lands council) the cattle will be impounded (not shot). The owner will be given a fencing order under the Fence Act to repair fences. The owner can pay to get their cattle out of the pound or the cattle get sold by the local lands council. THE END