Border Fence Maintenance Act 1921 (NSW)

Border Fence Maintenance Act 1921 No 17

An Act to make better provision for the control of wild dogs in the Western Division; to provide for the imposition of a rate upon the owners and occupiers of land in the Western Division; to amend certain Acts; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act and commencement This Act may be cited as the Border Fence Maintenance Act 1921 and shall come into force on a date to be notified by the Governor in the Gazette.

1A (Repealed)

2 Application of Act This Act shall apply to the Western Division only.

3 Definitions (1) Unless the context otherwise requires: Authorised person means a person authorised by the Commissioner or the board. Board means the Border Fence Maintenance Board constituted under this Act. Commissioner means the person appointed under section 3AA to exercise the functions of the Commissioner for the purposes of this Act. Dog-proof fence means a fence which is sufficient for the exclusion of wild dogs. Occupier means person entitled for the time being to possession of land, and includes the resident manager where the occupier does not reside on the land. Owner includes: (a) the holder, or the holder subject to mortgage, of any lease or licence, or promise of any lease or licence, from the Crown, and (b) a person to whom the Crown has contracted to sell land under the Crown Lands Acts, and (c) persons for the time being in the authorised charge or possession of land. Queensland Border Fence means the fence known by that name and erected on or near the northern border of New South Wales and extending from or near the western border of New South Wales at its junction with the said northern border for approximately 349 kilometres easterly to a point approximately 16 kilometres east of Hungerford, other than such portion of the fence as may, from time to time, be determined by the board and notified in the Gazette. South Australian Border Fence means the fence known by that name and erected on or near the western border of New South Wales and extending from or near the northern border of New South Wales at its junction with the said western border for approximately 257 kilometres southerly, other than such portion of the fence as may, from time to time, be determined by the board and notified in the Gazette. Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016. Wild dog includes any dingo or native dog, or any dog which has become wild, or any dog which apparently has no owner and is not under control.