Boundary Fences Act 1908 (Tas)

Boundary Fences Act 1908

An Act to consolidate and amend the law relating to boundary fences [Royal Assent 14 December 1908]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Boundary Fences Act 1908 .

2. Commencement This Act shall come into operation on 1st January 1909.

3. . . . . . . . .

4. Interpretation In this Act, unless the contrary intention appears – a sufficient fence means a fence which is ordinarily capable of resisting the trespass of cattle and sheep, except where such fence is in a city or town or adjacent to a dwelling-house, when the expression means a fence of the description and quality agreed or awarded; fence means a fence separating the lands of different owners, or any fence used or accepted by adjoining occupiers as a boundary line between their respective lands; occupier, used in relation to land, means the person entitled to the immediate possession and occupation thereof; owner, used in relation to any land, includes – (a) the person for the time being in the actual receipt of or entitled to receive, or who if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise; (b) in the case of any Crown land purchased on credit, the purchaser thereof upon credit and every person deriving title through him; and (c) the person entitled to any leasehold estate in land under the Crown Lands Act 1935 , Crown Lands Act 1976 , or the Closer Settlement Act 1929 – but shall not include the occupier of Crown land for mining purposes under the provisions of any Act relating to the leasing or occupation of Crown land for mining purposes; road includes any public highway, street, by-way, cross-way, or public place, whether it be a carriage-way, horse-way, or foot-way; to repair includes to trim, keep, and maintain a live fence or part thereof.