Charge payable by occupiers of land outside dog fence
22 Charge payable by occupiers of land outside dog fence
This clause applies to land of 1 occupier, being land situated outside a dog fence, that is divided from land of another occupier by the dog fence.
The board may levy a charge on the occupier of land to which this clause applies in respect of any financial year.
The charge must be calculated by multiplying the length of that part of a dog fence that is adjacent to the occupier's land, expressed in kilometres, by a rate determined by the board.
The rate must not exceed the prescribed amount per kilometre.
The board must—
before it changes the rate under this clause—consult with Livestock SA
Incorporated and obtain the approval of the Minister; and
if it has approval to change the rate—declare the new rate by notice published in the Gazette.
The charge may be imposed by notice served on the occupier of land.
Subject to subclause (8), the amount of a charge under this clause is due and payable on a day specified in the notice of the charge (which must be at least 28 days from the day on which the is served on an occupier of land).
The board may, in such cases and with such conditions as it thinks fit, extend the time for payment of a charge under this clause.
A charge under this clause is, when it becomes due and payable, a debt due to the board and may be recovered by the board in a court of competent jurisdiction.
Amounts received by the board under this clause must be paid to the owners of those parts of a dog fence that are contiguous to land occupied by persons against whom the charges are levied.
Payments under subclause (10) must be proportioned amongst the owners according to the length of dog fence that divides their land from the land occupied by the persons charged under this clause, and are in addition to other payments that may be made by the board under other provisions of this Schedule.
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