New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 13

13 Power to order fencing

(1) The Minister may, by notice published in the Gazette, require all owners of land, and all lessees of any Crown land, within a quarantine area or a protected area, to fence the land within the time specified in the notice and in a manner sufficient to prevent any stock of a class specified in the notice from getting in or getting out.

(2) If an inspector is of the opinion that there are stock of that class in the area where such a requirement is in force, on land which is not sufficiently fenced or enclosed to prevent stock of that class getting in or getting out, the inspector may, by notice in writing, order the owner of the land (or the lessee if it is Crown land) or the occupier of the land to carry out such fencing or repairs or additions to fencing as the inspector considers necessary, within the time specified in the notice.

(4) Any person who has erected any fencing or repaired or carried out any additions to fencing in pursuance of an order under this section may demand and recover in any court of competent jurisdiction from:

(a) the owner of adjoining land, or

(b) any lessee from the Crown of adjoining land,

a contribution towards the cost of such fencing, repairs, or additions to the extent of one-half the value thereof, but only so far as the fencing makes a common boundary line. Such contribution may be demanded and recovered notwithstanding anything contained in the Dividing Fences Act 1991 .