Highways (Liability for Straying Animals) Act 1983

Reprinted as at 11 October 2002


Guide for using this reprint

 

What the reprint includes

 

 

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original Act are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything omitted can be found in an earlier reprint (if there is one) or the Act as passed.

 

 

 

Reprinted under the Reprints Act 1984 as

at 11 October 2002

Highways (Liability for Straying Animals) Act 1983

CONTENTS

1.Short title1

2.Interpretation1

3.Liability in tort for damage caused by animals straying on to highways1

Notes

Compilation table4

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 11 October 2002

Highways (Liability for Straying Animals) Act 1983

An Act to clarify and amend the law relating to liability in tort for damage caused by animals straying on to highways.

1.Short title

This Act may be cited as the Highways (Liability for Straying Animals) Act 1983 1.

2.Interpretation

In this Act, unless the contrary intention appears — 

“damage” includes — 

(a)the death of a person; and

(b)injury to a person, including disease and impairment of mental or physical condition suffered by the person.

3.Liability in tort for damage caused by animals straying on to highways

(1)Subject to subsection (2), so much of the rules of the common law relating to liability in tort for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by animals straying on to a highway does not form part, and shall be deemed never to have formed part, of the law of Western Australia.

(2)Subsection (1) has no operation in relation to — 

(a)any action in respect of which a court has given judgment before the coming into operation of this Act; or

(b)any appeal relating to the matters which were in issue in the action referred to in paragraph (a).

(3)A court shall determine the liability in tort of a person for damage caused by animals straying on to a highway solely according to the law of Western Australia relating to liability in tort for — 

(a)negligence; or

(b)intentional acts or omissions.

(4)In determining according to the law of Western Australia relating to liability in tort for negligence whether or not a person is liable for damage caused by animals straying on to a particular highway, a court may consider, among other matters — 

(a)the general nature of the locality in which the relevant part of that highway is situated (in this subsection called “the locality”);

(b)the nature and amount of traffic using that highway;

(c)the extent to which users of that highway would expect to encounter animals on that highway and could be expected to guard against the risk associated with their presence;

(d)the common practice in the locality in relation to — 

(i)fencing and the taking of other measures to prevent animals from straying on to highways in that locality; and

(ii)the taking of measures to warn users of that highway of the likely presence of animals thereon;

and

(e)the cost of fencing, or of the taking of measures, referred to in paragraph (d) or of both, as the case requires.

(5)There shall not be recoverable by way of damages in respect of any one cause of action in tort for negligence arising out of damage caused by animals straying on to a highway an amount exceeding $500 000.

dline

 

Notes

1This is a reprint as at 11 October 2002 of the Highways (Liability for Straying Animals) Act 1983. The following table contains information about that Act.

Compilation table

Short title

Number and year

Assent

Commencement

Highways (Liability for Straying Animals) Act 1983

17 of 1983

17 Nov 1983

17 Nov 1983

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer