Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Without limiting
the generality of section 103 the Governor may make
regulations —
(a)
authorising the Director General to erect, improve, alter, maintain, repair,
renew, dismantle, remove and dispose of barrier fences and prescribing the
powers that may be exercised for those purposes by the Director General and
the department’s officers, employees and agents;
(b)
making provision with respect to the ownership of barrier fences by the State
and providing for the control and maintenance of barrier fences by persons
other than the State;
(c)
regulating the use of barrier fences by owners of land, providing for and
prescribing the amounts to be paid to the Director General by those owners for
the use of barrier fences, and providing for the recovery of those amounts by
the Director General;
(d)
authorising the Director General to improve, alter, repair or renew
animal-proof fences and rabbit-proof fences belonging to owners of land,
providing for and prescribing the amounts to be paid to the Director General
by those owners for such work, and providing for the recovery of those amounts
by the Director General;
(e)
providing for the erection or creation of animal-proof fences between land in
different ownership or occupancy, providing for contributions to be made by
owners and occupiers of adjoining land in respect of expenses incurred by one
or more of them in erecting or creating an animal-proof fence or rabbit-proof
fence between such land, prescribing the amounts of those contributions, and
providing for the apportionment of those contributions between those owners
and occupiers;
(f)
providing for the maintenance and repair of animal-proof fences and
rabbit-proof fences between land in different ownership or occupancy,
providing for agreements in writing to be entered into by owners and occupiers
of adjoining land with respect to the maintenance and repair of animal-proof
fences or rabbit-proof fences between such land, and providing that such an
agreement shall run with the land and be binding on succeeding owners and
occupiers according to its tenor;
(g)
providing for disputes arising in relation to barrier fences and other
animal-proof fences and rabbit-proof fences to be determined by arbitration
under the Arbitration Act 1895 8 ;
(h)
providing for agreements in writing to be entered into by owners and occupiers
of adjoining or adjacent land with respect to the enclosure of the whole of
the land by an animal-proof fence or rabbit-proof fence as a ring fence,
prescribing the matters to be provided for in such agreements, and providing
that such an agreement shall run with the land and be binding on succeeding
occupiers and owners according to its tenor;
(i)
authorising the Director General to declare an area to be
infested with declared animals and require owners of land in the area to
enclose water supplies on their land with animal-proof fences or rabbit-proof
fences or other appliances approved by the Director General, prescribing the
manner in which water supplies are to be enclosed, exempting certain land from
the operation of such a requirement, providing that where an owner fails to
comply with such a requirement the Director General may cause water supplies
on the holding to be enclosed, and recover the costs of the work from that
owner, prescribing the respective rights, obligations and liabilities of the
owner and the occupier of land and their successors with respect to such a
requirement and with respect to the cost, maintenance and repair of a fence or
appliance erected pursuant to such a requirement;
(j)
providing for the issue by the Director General of a certificate certifying a
fence to be an animal-proof fence or rabbit-proof fence within the meaning of
this Act and prescribing the fee payable for the issue of such a
certificate;
(k)
providing that where any land is divided or bounded by a road, travelling
stock route or reserve, or by Crown land, the Director General may grant
permission to the owner of the land to carry an animal-proof fence or
rabbit-proof fence across that road, route, reserve or Crown land;
(l)
providing for the provision and construction of gates in animal-proof fences
or rabbit-proof fences crossing roads and travelling stock routes;
(m)
prohibiting any person from —
(i)
destroying or damaging any animal-proof fence or
rabbit-proof fence or any part thereof or gate therein;
(ii)
leaving a gate in an animal-proof fence or rabbit-proof
fence open after opening or passing through that gate;
(iii)
carrying, driving or passing any live declared animal
through, under or over any animal-proof fence or rabbit-proof fence or any
gate therein;
(iv)
attaching any animal trap or other prescribed attachment
to an animal-proof fence or rabbit-proof fence,
and providing that,
for the purposes of regulations made under this paragraph, animal-proof fence
includes any fence that is apparently intended to protect any land from
declared animals, and rabbit-proof fence includes any fence that is apparently
intended to protect any land from rabbits;
(n)
prohibiting or regulating —
(i)
the driving of cattle along or over any Crown lands
adjoining a barrier fence and set apart for the use of the State for the
purposes of this Act, or partly for such purposes;
(ii)
the confinement, encampment or keeping of any such cattle
against, or in proximity to, a barrier fence;
(o)
prohibiting persons from entering, remaining on or travelling along any Crown
land adjoining a barrier fence and set apart for the protection or maintenance
of that fence, or regulating the doing of all or any of those things;
(p)
providing that water on Crown lands or reserves set apart for the purposes of
this Act, or partly for such purposes, shall be deemed to be the property of
the State and to be capable of being stolen;
(q)
describing an “animal-proof fence” and a “rabbit-proof
fence” for the purposes of the definitions of those terms contained in
section 7.
(2) In
subsection (1)(n)(i) —
cattle includes horses, mares, fillies, foals,
geldings, colts, camels, bulls, bullocks, cows, heifers, steers, calves,
asses, mules, sheep, lambs, goats and swine.
[Section 106 amended by No. 14 of 1996
s. 4; No. 46 of 2010 s. 51 and 55(2).]