South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DOG FENCE ACT 1946 - SECT 4

4—Interpretation

        (1)         In this Act, unless the context or subject matter otherwise requires—

"board" means The Dog Fence Board constituted under this Act;

"Crown lands" means Crown lands as defined in the Crown Lands Act 1929 ;

"dog fence" means the primary dog fence, or a secondary dog fence, established under this Act;

"financial year" means the period of 12 months ending on 30 June;

"inside a dog fence" means—

            (a)         in relation to the primary dog fence—land that is within the portion of the State bounded by the primary dog fence, the eastern border of the State and the coast of the State; or

            (b)         in any other case—land within the State to which entry by wild dogs is further restricted by a secondary dog fence;

"land" includes, according to the context, any interest or right under a lease or licence of Crown lands or an agreement to purchase Crown lands;

"local board" means a local dog fence board established under Part 4A;

"member" means a member of the board;

"occupier" in relation to land means a person who has, or is entitled to, possession or control of the land and includes—

            (a)         where the land is alienated from the Crown by grant in fee simple, the owner of the estate in fee simple; and

            (b)         where the land is held of the Crown by lease or licence, the lessee or licensee; and

            (c)         where the land is held of the Crown under an agreement to purchase, the person on whom the right of purchase is conferred by the agreement;

"outside a dog fence" means—

            (a)         in relation to the primary dog fence—land that is outside the portion of the State bounded by the primary dog fence, the eastern border of the State and the coast of the State; or

            (b)         in any other case—land within the State outside of an area to which entry by wild dogs is further restricted by a secondary dog fence;

"owner" in relation to land means—

            (a)         where the land is alienated from the Crown by grant in fee simple, the owner of the estate in fee simple;

            (b)         where the land is held of the Crown by lease or licence, the lessee or licensee;

            (c)         where the land is held of the Crown under an agreement to purchase, the person on whom the right of purchase is conferred by the agreement;

            (d)         in any other case, the Crown;

"primary dog fence" see section 18(2);

"secondary dog fence" means a dog fence other than the primary dog fence;

"wild dog" means—

            (a)         a dingo or a dog that is any cross of a dingo; or

            (b)         a feral dog.

        (2)         For the purposes of this Act, a fence is dog-proof if, in the opinion of the board, it is so constructed and maintained as to provide an effective barrier against the movement of wild dogs.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback