New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 18A

18A Condition of fencing

(1) The Commissioner may from time to time, by order in writing, direct that:

(a) the boundaries of any leased land, or any specified part of those boundaries, or

(b) any specified part or parts of leased land,

be fenced within such period, and with such kind of fencing, as is specified in the order.

(2) An order under subsection (1) (a) may apportion the costs of complying with the order between the lessee of the leased land concerned and the owner or lessee of any adjoining land along the boundaries of that land.

(3) The order is to be served on the lessee of the leased land and, in the case of an order that apportions costs as referred to in subsection (2), on the owner or lessee of the adjoining land.

(4) Each lease is subject to a condition that the lessee will comply with the requirements of any order in force under this section in relation to the fencing of the leased land.

(5) An order under this section may authorise the erection or use as a boundary fence of any fence that, although not on a boundary, will in the Commissioner’s opinion serve the purposes of a boundary fence.

(6) An appeal lies to a local land board against any order under this section.

Note: Pursuant to section 26 of the Crown Lands Act 1989 , a party to proceedings on an appeal under this section may appeal to the Land and Environment Court against the local land board’s decision on the appeal.