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)

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

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.

Table of Amendments