Unattended property and animals

The Public Spaces (Unattended Property) Act 2021 and its Regulations have replaced the Impounding Act 1993.

The current legislation encourages people to take prompt and responsible action when they leave property unattended. Its goal is to reduce risks to access, safety and public amenity, and to help keep shared spaces accessible and enjoyable for everyone.

The Act applies to a range of property, including:

• vehicles, e.g. cars or trailers
• unattended or roaming animals
• small to medium property items
• shared service items like shopping trolleys or hire bikes.

It sets clear expectations for people to remove their property within a reasonable timeframe to avoid enforcement.

Council authorised officers can only take action under the Act if they reasonably believe:

1. the item is not under the direct control or supervision of the person responsible for it, and
2. the item presents a risk – such as blocking access, creating a safety hazard, affecting public amenity, or breaching regulations or a relevant Code of Practice.

Unattended vehicles

Council may contact a vehicle owner if their vehicle is creating a safety risk, causing an obstruction, or has been left in the same place for too long. This includes cars, caravans, boat trailers and other trailers.

Once notified, the owner must move the vehicle:

• immediately – if it’s causing a safety risk or obstruction
• within 3 days – if it’s unregistered, or registered but not roadworthy, and has been left in one place for more than 15 days
• within 15 days – if it’s registered and has been left in one place for more than 28 days.

These timeframes apply only after Council has issued a formal notification.

If the vehicle isn’t moved within the required timeframe, Council may either relocate it to a safer spot nearby or take possession of it and move it to a storage facility. Fines may also apply.

For more details on how long a vehicle must be left before reporting it to Council – and for a full explanation of the process – please refer to the guidance issued by the Office of Local Government (PDF).

Unattended or trespassing animals

Note: For enquiries about unattended pets, visit cats or dogs.

Stock animals can pose a safety risk to road users, harm the agricultural industry, and reduce public enjoyment of shared spaces.

If you know the owner of a wandering animal, contact them first to let them know. The Public Spaces (Unattended Property) Act allows private landowners to manage stock that stray onto their property. If you take possession of a stock animal on your land, you must:

• notify the owner within 24 hours
• and either:
  • return the animal within 4 days, or
  • contact Council within 4 days to arrange for the animal to be moved to a place of care.

Where reasonable, Council may help resolve the situation informally by speaking with the animal’s owner or the person responsible.

Council may take possession of a roaming animal found in a public place or on private land without the occupier’s permission. Authorised officers must prioritise the animal’s welfare, biosecurity requirements and community safety.

In emergencies, an authorised officer may temporarily move a stock animal that poses a public safety risk to a safer location, such as the nearest property. The animal must then be removed as soon as the emergency ends and either returned to the owner or taken to a place of care.

For full details on the rules for animals, please refer to the guidance issued by the Office of Local Government (PDF).

Unattended personal items

Council may issue a notice if an item has been left in a public space and is causing a safety risk, creating an obstruction, or has been left in one place for too long.

If the owner can't be identified, Council may place a notice directly on the item.

Once notified, the owner must move the item:

• within 3 hours – if it’s causing a safety risk or obstruction (not applicable between 11 pm and 7 am)
• within 7 days – if it has been left in one place for more than 7 days.

If the item isn’t moved within the required timeframe, Council may relocate it to a safer nearby location or take possession and move it to storage. Fines may also apply.

For more information about the rules for personal items in public spaces, refer to the guidance material provided by the Office of Local Government (PDF).

Unattended sharing service items

Shopping trolleys, share bikes and other shared service items provide convenience, but if not managed properly, they can end up dumped in parks or waterways, or block access on footpaths and walkways.

Under the Public Spaces (Unattended Property) Act, operators of sharing services are responsible for removing their items from public land quickly and responsibly.

If you find a shared item causing an issue, contact the operator first and explain your concerns. If you're not satisfied with their response, then contact Council. Operators must follow a Code of Practice and clearly label their items with contact details.

Once Council receives a report, we may notify the operator if the item is:

• causing an obstruction or safety risk – the operator must move it within 3 hours (not applicable between 11 pm and 7 am)
• left in one place for more than 7 days – the operator must move it within 4 days

If the operator doesn’t act in time, Council may remove the item and store it. Storage fees and fines may apply.

For more details about shared items in public spaces, refer to the guidance issued by the Office of Local Government (PDF).