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NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 57 Fencing of reserved Crown land

NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 57

Fencing of reserved Crown land

(1)  If between any reserved lands (being Crown land or land in a leased reserve) and adjoining lands there is no sufficient fence or no rabbit-proof fence, the Director, with the approval of the Minister –
(a) may cause –
(i) a sufficient fence or a rabbit-proof fence to be erected between those lands; or
(ii) any fence between those lands to be converted into a rabbit-proof fence; and
(b) subject to this section, may recover from the owner of those adjoining lands half the cost reasonably incurred in erecting that fence, or converting the existing fence, as a debt due to the Crown.
(2)  The Director is not entitled, under subsection (1) , to recover from the owner of any lands referred to in that subsection any part of the costs incurred in the erection or conversion of any fence between reserved lands and those lands unless the erection or conversion is carried out in a manner specified in a notice served by the Director on the owner of those lands at least 30 days before the commencement of the erection or conversion of the fence or in such other manner as may be agreed between the Director and the owner of those lands.
(3)  Part IV of the Boundary Fences Act 1908 applies to any dispute arising under this section as it applies to disputes arising under that Act and, for the purposes of the provisions of that Act as so applied, the Director is to be treated as the owner of the reserved lands to which this section applies.
(4)  Section 47 of the Boundary Fences Act 1908 applies to the service of notices under this section as it applies to the service of notices under that Act.
(5)  Words and expressions used in this section have the same meaning as they have for the purposes of the Boundary Fences Act 1908 .