Western Australian Consolidated Acts

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AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976 - SECT 47

47 .         Application to certain roads

        (1)         For the purposes of this Division, an owner or occupier of private land shall be regarded, subject to subsection (2), as owning or occupying as the case may be, in addition to that land — 

            (a)         the land comprising any road that — 

                  (i)         intersects the private land; or

                  (ii)         bounds the private land and is fenced only on the side further from the common boundary of the road and the private land;

            (b)         the land comprising half of the width of any road that bounds the private land and is fenced on both sides being the half that is nearer the common boundary of the road and the private land; and

            (c)         the land comprising half the width of any road that separates the private land from other private land being the half that is nearer the common boundary of the road and the first-mentioned private land.

        (2)         Subsection (1) does not apply to or in relation to a road dedicated and open to public use and fenced on both sides.



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