South Australian Consolidated Acts

DOG FENCE ACT 1946 - SECT 24

24—Payments to owners of dog fences

        (1)         The board must, in each financial year, pay to each owner of part of a dog fence an amount (not exceeding $250 for each kilometre of fence owned by him or her) to enable the owner to maintain and inspect that part of the fence and to destroy wild dogs in the vicinity of that part of the fence.

        (1aa)         For the purpose of determining the amount to be paid under subsection (1), the board may fix differential rates of payment in respect of different parts of a fence.

        (1a)         If any part of a dog fence is owned jointly by two or more owners, the board must pay the amount referred to in subsection (1) to such of the owners as the board is satisfied will undertake the liability of carrying out the work referred to in subsection (2), and the board may require the joint owners to enter into an agreement relating to that liability.

        (1b)         Subsection (1a) does not derogate from section 22 or 23.

        (2)         An amount paid to an owner must be applied by the owner for the purpose of the maintenance and inspection of a fence and the destruction of wild dogs in the vicinity of the fence.

        (2a)         With the consent in writing of the board, the owner may apply any such amount or any part of it for the payment of any interest payable in respect of any capital liability incurred by the owner in respect of a fence.

        (2b)         A consent may be given under subsection (2a) for a period and on conditions fixed by the board.

        (3)         The board may, in any case it thinks fit, pay an amount payable under this section in instalments.

        (4)         An amount paid to an owner under this section must be applied during the financial year in respect of which it is paid or during such other period as may be directed in writing by the board and in accordance with any other directions in writing given by the board at the time of payment to the owner.

        (5)         If under this Act an amount is payable to the board by an owner, that amount must be set off against any amount payable to the owner under this section.

        (5a)         If satisfied that an owner will not properly carry out the duties imposed on him or her by this Act the board may refuse to pay to the owner the balance of the amount payable to the owner under this section or any other amount payable to the owner under this section.

        (6)         The board may, by notice in writing given to an owner to whom an amount is paid under this section, require the owner to supply to the board within the time specified in the notice, a statement in writing showing how any amounts so paid have been expended during the period specified in the notice and during the financial year in which the notice is given or during the preceding financial year.