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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 121
As laid on the table and read a first time, 1 June 2005
South Australia
Dog
Fence (Miscellaneous) Amendment Bill 2005
A Bill For
An Act to amend the Dog Fence Act 1946.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Dog Fence
Act 1946
4 Substitution of long title
5 Amendment of section 4—Interpretation
6 Amendment of section 6—Members of
board
7 Amendment of section 7—Term of
office
8 Amendment of heading to Part 3
9 Substitution of sections 18 and 19
18 Establishment of the primary dog
fence
19 Establishment of secondary dog
fences
10 Amendment of section 20—Construction
of fence to complete dog fences
11 Amendment of section 21—Replacement of
parts of dog fences
12 Amendment of section 22—Duty of owner
to maintain dog fence and destroy wild dogs
13 Amendment of section 23—Powers and
duties of board as to dog fences
14 Amendment of section 23A—Dog fences on
Crown land
15 Amendment of section 24—Payments to
owners of dog fences
16 Amendment of section 24A—Provisions as
to ownership of dog fences
17 Amendment of section 25—Imposition of
rates on ratable land
18 Amendment of section 27—Payment and
recovery of rates and special rates
19 Amendment of section 27A—Contribution
by councils as alternative to rating by board
20 Amendment of section 28—Charge to be
payable by occupiers of land outside dog fence
21 Amendment of section 35A—Local dog
fence boards
22 Amendment of section 37—Inspection of
dog fences by Government employees
23 Insertion of section 38
38 Immunity from liability
24 Amendment of section 43—Penalty for
damaging or removing a dog fence
25 Amendment of section 44—Employer
liable for damage done by employee
26 Amendment of section 44A—Gate or ramp
is part of a dog fence
27 Amendment of
section 45—Penalty for leaving gate open
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Dog Fence (Miscellaneous)
Amendment Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Dog Fence Act 1946
Long title—delete the long title and
substitute:
An act to provide for the establishment
and maintenance of dog-proof fences in the State in order to prevent the entry
of wild dogs into pastoral areas, and for incidental purposes.
5—Amendment of section 4—Interpretation
(1) Section 4(1)—after definition of Crown
lands insert:
dog fence means the primary dog fence, or a
secondary dog fence, established under this Act;
(2) Section 4(1), definition of inside
the dog fence—delete the definition and substitute:
inside a dog fence means—
(a) in
relation to the primary dog fence—land that is within the portion of the State
bounded by the primary dog fence, the eastern border of the State and the coast
of the State; or
(b) in any other case—land within the State to which entry by
wild dogs is further restricted by a secondary dog fence;
(3) Section 4(1)—after definition of occupier
insert:
outside a dog fence means—
(a) in
relation to the primary dog fence—land that is outside the portion of the State
bounded by the primary dog fence, the eastern border of the State and the coast
of the State; or
(b) in any other case—land within the State outside of an area
to which entry by wild dogs is further restricted by a secondary dog fence;
(4) Section 4(1)—after definition of owner
insert:
primary dog fence see section 18(2);
secondary dog fence means a dog fence other than the primary
dog fence;
(5) Section 4(1), definition of wild dog—delete
the definition and substitute:
wild dog means—
(a) a dingo or a dog that is any cross of a dingo; or
(b) a feral dog.
6—Amendment of section 6—Members of board
Section 6(1)—delete "the dog
fence" and substitute:
the primary dog fence
7—Amendment of section 7—Term of office
(1) Section 7(1)—delete "four years"
and substitute:
a term, not exceeding 4 years, specified in the instrument
of appointment
(2) Section
7(2)—delete subsection (2)
8—Amendment of heading to Part 3
Heading to Part 3—delete "the dog fence"
and substitute:
dog fences
9—Substitution of sections 18 and 19
Sections 18 and 19—delete the sections and
substitute:
18—Establishment
of the primary dog fence
(1) For
the purpose of preventing the entry of wild dogs into the pastoral and
agricultural areas of the State, a dog-proof fence (the primary dog fence)
is to be established and maintained in the northern areas of the State.
(2) The
Governor may, by proclamation made on the recommendation of the board, declare
that the site of the primary dog fence is the site described in the
proclamation.
19—Establishment
of secondary dog fences
(1) For
the purpose of further restricting the movement of wild dogs within the
pastoral and agricultural areas of the State, further dog-proof fences (secondary
dog fences) may be established and maintained in the area inside the
primary dog fence.
(2) The
Governor may, by proclamation made on the recommendation of the board, declare
that the site of a secondary dog fence is the site described in the
proclamation.
(3) The
Governor may, by subsequent proclamation made on the recommendation of the
board, vary or revoke a proclamation made under this section.
10—Amendment of section 20—Construction of fence to complete dog fences
(1) Section 20(1)—delete "the dog
fence" wherever occurring and substitute:
a dog fence
(2) Section 20—after subsection (2) insert:
(3) The
board must not issue a notice under subsection (1) except after consultation
with the occupier of the land, or the owner of the fence, as the case may
require.
11—Amendment of section 21—Replacement of parts of dog fences
Section 21—delete "the dog
fence" wherever occurring and substitute:
a dog fence
12—Amendment of section 22—Duty of owner to maintain dog fence and destroy wild dogs
(1) Section 21(1)—delete "the dog
fence" first occurring and substitute:
a dog fence
(2) Section 21(1)(c)—delete
"the dog fence" and substitute:
the part of a dog fence owned by the owner
(3) Section 21(2)—delete "the dog
fence" and substitute:
a dog fence
13—Amendment of section 23—Powers and duties of board as to dog fences
(1) Section 23(1)—delete "the dog
fence" first occurring and substitute:
dog fences
(2) Section 23(1)(a)—delete
"the dog fence is properly maintained and that it is" and substitute:
all dog fences are properly maintained and are
(3) Section 23(1)(b)—delete
"the dog fence is" and substitute:
dog fences are
(4) Section 23(1)(c)—delete
"the dog fence" first occurring and substitute:
a dog fence
(5) Section 23(2)—delete "the dog
fence" first occurring and substitute:
a dog fence
(6) Section 23—After
subsection (2) insert:
(3) For
the purposes of this section, the board, or a person authorised by the board,
may enter and remain on land on which a dog fence is situated.
14—Amendment of section 23A—Dog fences on Crown land
Section 23A(1)(a)—delete
"the dog fence" and substitute:
a dog fence
15—Amendment of section 24—Payments to owners of dog fences
(1) Section 24(1)—delete "the dog
fence" wherever occurring and substitute:
a dog fence
(2) Section 24(1)—delete "$225" and
substitute:
$250
(3) Section 24(1aa)—delete "the
fence" and substitute:
a fence
(4) Section 24(1a)—delete "the dog
fence" and substitute:
a dog fence
(5) Section 24(2)—delete "the fence"
first occurring and substitute:
a fence
(6) Section 24(2a)—delete "the fence"
and substitute:
a fence
16—Amendment of section 24A—Provisions as to ownership of dog fences
(1) Section 24A(1)—delete
"the dog fence" and substitute:
a dog fence
(2) Section 24A(2)—delete
"the dog fence" first occurring and substitute:
a dog fence
(3) Section 24A(3)—delete
"the dog fence" first occurring and substitute:
a dog fence
(4) Section 24A—after subsection (3) insert:
(4) However,
the Governor may, by proclamation made on the recommendation of the board and
with the agreement of the relevant owner of the land, vest part of the fence
vested by subsection (3) in the owner of the land on which the fence is
situated.
(5) The
Governor may, by subsequent proclamation made on the recommendation of the
board, revest any part of the fence vested by subsection (4) in a local
board.
17—Amendment of section 25—Imposition of rates on ratable land
(1) Section 25(1)—delete "the dog
fence" and substitute:
a dog fence
(2) Section 25(3)—delete "$1" and
substitute:
$1.20
(3) Section 25—after subsection (4) insert:
(5) In this section—
holding includes 2 or more parcels of land that—
(a) are farmed as a single enterprise; and
(b) are occupied by the same person or persons, whether or not
the pieces of land are contiguous.
18—Amendment of section 27—Payment and recovery of rates and special rates
(1) Section 27(2)—delete "The" and
substitute:
Subject to subsection (3), the
(2) Section 27—after subsection (2) insert:
(3) The
board may, in such cases and with such conditions as it thinks fit, extend the
time for payment of the rate or special rate.
19—Amendment of section 27A—Contribution by councils as alternative to rating by board
Section 27A(5)—delete
"Local Government Act 1934" wherever occurring and
substitute in each case:
20—Amendment of section 28—Charge to be payable by occupiers of land outside dog fence
(1) Section 28(2)—delete "the dog
fence" and substitute:
a dog fence
(2) Section 28(6)—delete "the dog
fence" and substitute:
a dog fence
(3) Section 28(9)—delete "the dog
fence" and substitute:
a dog fence
21—Amendment of section 35A—Local dog fence boards
Section 35A—delete "the dog
fence" wherever occurring and substitute:
a dog fence
22—Amendment of section 37—Inspection of dog fences by Government employees
(1) Section 37—delete "the dog fence"
first occurring and substitute:
a dog fence
(2) Section 37—after its present contents (now
to be designated as subsection (1)) insert:
(2) For
the purposes of subsection (1), the government employee may enter and remain on
land on which the fence is situated.
After section 37 insert:
38—Immunity
from liability
(1) No
personal liability attaches to a member of the board, a member of a local
board, a person acting at the direction of the board or a local board, or any
other person involved in the administration of this Act for an act or omission
done or made in good faith and in the exercise or performance, or purported
exercise or performance, of a power or function under this Act.
(2) A liability that would, but for
subsection (1), attach to a person attaches instead—
(a) in the case of a member of the board, or a person acting at
the direction of the board—to the board; or
(b) in any other case—to the Crown.
24—Amendment of section 43—Penalty for damaging or removing a dog fence
Section 43—delete "the dog
fence" wherever occurring and substitute:
a dog fence
25—Amendment of section 44—Employer liable for damage done by employee
Section 44(1)—delete "the dog
fence" and substitute:
a dog fence
26—Amendment of section 44A—Gate or ramp is part of a dog fence
Section 44A—delete "the dog
fence" and substitute:
a dog fence
27—Amendment of section 45—Penalty for leaving gate open
Section 45—delete "the dog
fence" wherever occurring and substitute:
a dog fence