Agriculture and Related Resources Protection Act 1976
Agriculture and Related Resources Protection (Fencing) Regulations 1985
Reprint 1: The regulations as at 6 June 2003
What the reprint includes
Endnotes, Compilation table
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table
2.Transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Agriculture and Related Resources Protection (Fencing) Regulations 1985
CONTENTS
Part I — Preliminary
1.Citation1
2.Interpretation1
Part II — Barrier fences
3.Powers of the Protection Board2
4.Ownership and control of barrier fences2
5.Consent for use of barrier fence3
8.Offence, damage, etc.3
9.Offence, driving stock along fence, etc.3
10.Offence, travelling along fence, etc.4
11.Water4
Part III — Animal proof fences
12.Interpretations5
13.Animal‑proof fences5
14.Certificate5
15.Maintenance of fencing5
16.Fencing between land in different ownership6
Schedule7
1.Deer Proof Fence7
2.Goat Proof Fence7
Notes
Compilation table9
Defined Terms
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Agriculture and Related Resources Protection Act 1976
Agriculture and Related Resources Protection (Fencing) Regulations 1985
Part I — Preliminary
These regulations may be cited as the Agriculture and Related Resources Protection (Fencing) Regulations 1985 1.
(1)In these regulations, unless the contrary intention appears —
“approved” means approved by the Protection Board or an authorised person;
“motor traffic pass” has the meaning attributed to it in section 6 of the Local Government Act 1960 2;
“other body” means any person or body to whom or to which a delegation has been made for the control and maintenance of a barrier fence, under regulation 5.
(2)A reference in these regulations to the Protection Board may be read as a reference to the Minister.
Part II — Barrier fences
3.Powers of the Protection Board
(1)The Protection Board may —
(a)erect, improve, alter, maintain, repair or renew; or
(b)dismantle or remove,
a barrier fence, and dispose of such a fence by sale or otherwise at the discretion of the Protection Board.
(2)For the purposes of subregulation (1) the Protection Board by its officers, employees and agents may, in addition to the powers of entry provided in the Act —
(a)cut timber and conduct earthworks;
(b)clear the land on each side of any barrier fence,
but nothing herein contained shall empower —
(c)the destruction of fruit trees, trees used for shade, windbreaks or ornament, or trees used to prevent erosion or degradation of the soil;
(d)the removal of buildings.
4.Ownership and control of barrier fences
A barrier fence erected by the Protection Board is the property of the Crown and the control of a barrier fence shall be exercised by the Protection Board which may delegate control and maintenance of any barrier fence to —
(a)a council;
(b)a regional council, as defined in section 696(
(c)any other person,
by notice in writing and subject to any conditions contained in that notice.
5.Consent for use of barrier fence
A person shall not make use of, interfere with or attach anything to a barrier fence, unless he
Penalty: $200.
[6, 7.Repealed in Gazette 28 Oct 1994 p. 5
A person shall not —
(a)destroy or damage any portion of a barrier fence, or gate or motor traffic pass in a barrier fence;
(b)leave a gate in a barrier fence open after opening or passing through that gate;
(c)carry, drive or pass any live declared animal through, under or over any barrier fence; or
(d)attach any animal trap, diversionary wing fence, gate, wire netting or other attachment to any barrier fence, without the prior written consent of the Protection Board or other body.
Penalty: $200.
9.Offence, driving stock along fence, etc.
(1)A person shall not —
(a)drive, or cause to be driven, any stock along or over Crown land adjoining a barrier fence and reserved for the protection and maintenance of the fence;
(b)confine, encamp or keep, or cause to be confined, encamped or kept, stock against or in proximity to a barrier fence.
Penalty: $200.
(2)It shall be a defence to an offence created by this regulation if it is shown that the barrier fence was being used in accordance with the Act by an owner or occupier to fence his
10.Offence, travelling along fence, etc.
A person shall not enter, remain on or travel along any Crown land adjoining a barrier fence and reserved for the protection and maintenance of the fence, unless he
Penalty: $200.
Any water on
Penalty: $200.
Part III — Animal proof fences
Unless the contrary intention appears, in this Part —
“certificate” means a certificate issued by the Chief Officer pursuant to regulation 14;
“permit” means a permit issued by the Protection Board to keep a declared animal of Category A6 pursuant to regulation 13 of the Agriculture and Related Resources Protection (Declared Animals) Regulations 1985.
Where a permit is issued subject to the condition that an animal‑proof fence is provided in relation to the animal, that fence and its surrounds shall comply with the specifications of the appropriate fence set out in the Schedule.
(1)The Chief Officer may issue a certificate certifying a fence to be an animal‑proof fence within the meaning of the Act.
(2)The certificate shall stipulate the class of declared animal the fence is intended to contain.
(1)A certificate holder shall maintain an animal‑proof fence in good repair, order and condition so as to prevent the escape of the declared animal stipulated in the certificate from the land around which the fence is erected.
(2)Where, in the opinion of the Chief Officer or an authorised person, an animal‑proof fence is not maintained as required by subregulation (1) the Protection Board may improve, alter, repair or renew the animal‑proof fence and the owners of the land shall pay to the Protection Board, per metre —
(a)for improvement, alteration or repair —
(i)of a deer fence .......................................$5.00
(ii)of a feral goat fence ...............................$2.00
(b)for renewal —
(i)of a deer fence .......................................$6.00
(ii)of a feral goat fence ...............................$2.50
and if default is made in respect of any sum so payable, payment may be sued for and recovered by the Protection Board in a court of competent jurisdiction.
16.Fencing between land in different ownership
(1)An animal‑proof fence may be erected or created between land in different ownership or occupancy and contributions may be made by agreement between those owners and occupiers in relation to the expenses incurred in that erection or creation but where the adjoining owners are both permit holders the costs shall be shared equally.
(2)The maintenance and repair of animal‑proof fences between land in different ownership or occupancy shall be the responsibility of each owner or occupier and may be provided for by agreements in writing entered into by those owners or occupiers and any such agreement shall run with the land and be binding on succeeding owners and occupiers according to its tenor.
(3)Disputes arising in relation to barrier fences and other animal‑proof fences shall be determined by arbitration under the Arbitration Act 1895 3.
