Payments to owners of dog fences
16 Payments to owners of dog fences
The board must, in each financial year, pay to each owner of part of a dog fence an amount, not exceeding a prescribed amount of each kilometre of fence, 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.
For the purpose of determining the amount to be paid under subclause (1), the board may fix differential rates of payment in respect of different parts of a fence.
If any part of a dog fence is owned jointly by 2 or more owners, the board must pay the amount referred to in subclause (1) to such owners as the board is satisfied will undertake the liability of carrying out the work referred to in that subclause, and the board may require the joint owners to enter into an agreement relating to that liability.
Subclause (3) does not derogate from clause 13 or 14.
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.
With the consent in writing of the board, the owner may apply any such amount or any part of it for the payment of interest payable in respect of any capital liability incurred by the owner in respect of a fence.
A consent may be given under subclause (6) for a period and on conditions fixed by the board.
The board may pay an amount payable under this clause in instalments.
An amount paid to an owner under this clause 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.
If an amount is payable to the board by the owner, that amount must be set off against any amount payable to the owner under this clause.
If satisfied that an owner will not properly carry out the duties imposed on the owner under this Schedule, the board may refuse to pay to the owner the balance of the amount payable to the owner under this clause or any other amount payable to the owner under this clause.
The board may, by notice in writing given to an owner to whom an amount is paid under this clause, 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.
A person who fails to apply an amount in accordance with subclause (5) is guilty of an offence.
Maximum penalty: $10 000.
A person who fails to comply with a requirement under subclause (12) within the period specified in the notice is guilty of an offence.
Maximum penalty: $5 000.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.