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Fencing Act 1913 (NI)

  • Act Applied Law - C2019Q00025
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Act No. 14 of 1913
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 22 Oct 2019
Start Date 13 Aug 2019

 

NORFOLK                            ISLAND

 

Fencing Act 1913

No. 14, 1913

Compilation No. 2

Compilation date:                              13 August 2019

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 


 

NORFOLK                            ISLAND

 

 

 

FENCING ACT 1913

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Interpretation

         3.      Application to register fence

         4.      Registration of fences

         5.      Fee to register fence

         6.      Fence registered for five years

         7.      Payment of fee to inspect register

         8.      Cancellation of registration

         9.      Action for trespass

       10.      Notice to owner of adjoining land

       11.      Owner of adjoining land may recover half of cost

       12.      Authorised officer

       13.      Entry on land

       14.      Regulations

 


 

NORFOLK                            ISLAND

 

 

 

Fencing Act 1913

 

Short title

      1.         This Act may be cited as the Fencing Act 1913.

Interpretation

      2.         (1)        In this Act —

“cattle” means bull, cow, steer, heifer or calf;

“fence” includes a cattle proof boundary which may consist of one or more of a wall, ditch or artificial structure or natural obstruction that would, under normal conditions, exclude trespass on land by quiet cattle and horses;

“horse” means horse, mare, gelding, colt or filly;

“Registrar” means Registrar of Lands.

                  (2)        For the purposes of registration under this Act —

(a)        artificial structures forming a fence or part of a fence shall be of a prescribed type and in accordance with the standards prescribed for that type of structure; and

(b)        natural obstructions forming a fence or part of a fence shall be of a kind that, in the opinion of the Chief Executive Officer, would under normal conditions, exclude trespass on land by quiet cattle and horses.

Application to register fence

      3.         Application in writing may be made to the Registrar to register a fence whether now or hereafter to be constructed.

Registration of fences

      4.         The application shall be submitted by the Registrar to the Chief Executive Officer, who, if, after receipt of a report furnished by the authorised officer following inspection of the fence, is satisfied that the fence is in accordance with the prescribed standards and would effectively exclude trespass on land by quiet cattle and horses, may direct the fence to be registered, and thereupon the Registrar shall register the fence in such manner and with such particulars as the Chief Executive Officer directs.

Fee to register fence

      5.         The approved fee shall be paid on the registration of a fence.

Fence registered for five years

      6.         The registration of a fence shall, if not cancelled, have effect for a period of 5 years.

Payment of fee to inspect register

      7.         The register shall be open to inspection on payment of the approved fee.

Cancellation of registration

      8.         (1)        Where the Registrar is satisfied, after receipt of a report furnished by the authorised officer following inspection of a fence that is registered under this Act, that the fence would no longer effectively exclude trespass on land by quiet cattle and horses, the Registrar shall cancel the registration.


                  (2)        Where, after the registration of a fence has been cancelled under subsection 8(1), the fence is restored so that it would effectively exclude trespass on land by quiet cattle and horses, an application may be made under section 3 for restoration of the registration and section 5 does not apply.

Action for trespass

      9.         No action for trespass on land by quiet cattle and horses shall lie unless the land is protected by a fence that is —

(a)        registered under this Act; and

(b)        maintained in accordance with the prescribed standards.

Notice to owner of adjoining land

      10.       (1)        The owner of any land may, by notice in writing served personally on the owner of any adjoining land, require such last‑mentioned owner to join him on equal terms in making a new dividing fence between their properties, or in repairing an existing dividing fence.

                  (2)        Whenever service of the notice cannot be effected personally, it shall be deemed to have been duly effected if the notice or a true copy thereof is affixed in a prominent position on the adjoining land and published in the Gazette.

Owner of adjoining land may recover half of cost

      11.       (1)        If the said owners, within one month after the said notice, fail to come to an agreement as to the making or repairing of the fence, or if, after such agreement is come to, no substantial part of the work is done within 2 months after such notice, either party may carry out the work, and may recover half the cost thereof from the other party in the Court of Petty Sessions.  This provision shall not apply to the Administration.

                  (2)        An order or judgment of the Court for the payment of any sum of money recoverable from the owner of any land under this section may be enforced by execution issued against the land of the judgment debtor.

Authorised officer

      12.       (1)        The Chief Executive Officer may, by notice in writing signed by the Chief Executive Officer, appoint a person to be an authorised officer for the purposes of this Act and the regulations.

                  (2)        The Chief Executive Officer shall issue to a person appointed as an authorised officer under subsection 12(1) a certificate in a form approved by the Chief Executive Officer.

                  (3)        A person who ceases to be an authorised officer shall, as soon as practicable, return his certificate of appointment to the Chief Executive Officer.

Penalty:           2 penalty units.

                  (4)        A person shall not personate or falsely represent that he is an authorised officer for the purposes of this Act.

Penalty:           2 penalty units.

Entry on land

      13.       (1)        An authorised officer may —

(a)        at the request of the applicant under section 3; or

(b)        for the purposes of section 8,

enter land for the purpose of inspecting a fence.

                  (2)        An authorised officer who enters land in pursuance of paragraph 13(1)(b) is not authorised to remain on the land if, on the request of the occupier of the land, the authorised officer does not produce the certificate of appointment issued under subsection 12(2).

                  (3)        A person shall not, without reasonable excuse, obstruct an authorised officer carrying out his duties under this section.

Penalty:           2 penalty units.

Regulations

      14.       (1)        The Administrator may make regulations, not inconsistent with this Act, prescribing matters —

(a)        required or permitted by this Act to be prescribed; or

(b)        necessary or convenient to be prescribed for carrying out or giving effect to this Act.

                  (2)        Without limiting the generality of subsection 14(1), the regulations may prescribe penalties not exceeding 2 penalty units for a contravention or breach of the regulations.

NOTES

The Fencing Act 1913 as shown in this consolidation comprises Act No. 14 of 1913 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Fencing Law 1913

14, 1913

24.12.13

 

 

 

 

 

Administration Act 1936

14, 1936

16.12.36

 

 

 

 

 

Fencing Act 1937

1, 1937

4.3.37

 

 

 

 

 

Fencing Act 1938

1, 1938

10.2.38

 

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Ordinances Revision Act 1964

6, 1964

30.6.64

6

 

 

 

 

Ordinances Revision Act 1965

1, 1965

30.6.64

 

 

 

 

 

Fees Act 1976

3, 1976

31.5.76

 

 

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

5

 

 

 

 

Ordinances Revision (Executive Members) Act 1980

8, 1980

6.11.81

5

 

 

 

 

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Statute Law Revision (Penalties and Fees) Act 1984

9, 1985

13.5.85

4

 

 

 

 

Fencing (Amendment) Act 1985

5, 1986

31.3.86

 

 

 

 

 

[Previously consolidated as at 21 April 1986]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws  Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–396)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 24): 29 Sept 2018 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (items 29, 30): 13 Aug 2019 (s 2(1) item 1)

 

Table of Amendments

 

ad = added or inserted

am = amended

(md) = misdescribed amendment can be given effect

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

1

am

2, 1963; 6, 1964; 1, 1965; 3, 1976; 11, 1976

2

am

1, 1965; 5, 1986; 14, 2012; Ord No 2, 2015 (as am by F2018L01378)

4

am

14, 1936; 8, 1980; 5, 1986; 14, 2012; Ord No 2, 2015 (as am by F2018L01378)

5

am

3, 1976; 9, 1985; Ord No 2, 2015 (as am by F2019L01048 (md))

7

am

31, 1980; 9, 1985; Ord No 2, 2015 (as am by F2019L01048)

8

am

14, 1936; 8, 1980

 

rs

5, 1986

9

rs

5, 1986

10

am

1, 1938; 6, 1964; 5, 1986

11

am

1, 1937; 6, 1964; 13, 1979

12

ad

5, 1986; 14, 2012

 

am

Ord No 2, 2015 (as am by F2018L01378)

13

ad

5, 1986

14

ad

5, 1986