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LOCAL GOVERNMENT ACT 1995 - SECT 3.36

LOCAL GOVERNMENT ACT 1995 - SECT 3.36

3.36 .         Opening fences

        (1)         This section applies only if it is expressly stated in Schedule 3.2.

        (2)         Subsection (1) does not prevent regulations amending Schedule 3.2 from stating that this section applies, or excluding the application of this section, in relation to a particular matter.

        (3)         If this section applies and it is not practicable to enter land that is fenced through the existing and usual openings in the fence, the local government may, on giving 3 days’ notice in writing to the owner or occupier of the land that it intends to do so, open the fence.

        (4)         If it opens the fence the local government is to provide at the opening an effective gate or, if the owner of the land agrees, a device across the gap in the fence that enables motor traffic to pass through the gap and prevents the straying of livestock through the gap.

        (5)         If a gate is provided a person who, without the occupier’s consent, leaves the gate open when it is not in use commits an offence.

        (6)         If a gate is provided, when the local government no longer requires the opening, it is to immediately remove the gate and make good the fence unless the owner agrees to its retention.

        (7)         The owner and occupier may, in a particular case, relieve the local government of any obligation that it has under this section.

        [Heading amended: No. 8 of 2009 s. 87.]