{"id":"nsw:sl-2025-0427","name":"Border Fence Maintenance Regulation 2025","slug":"border-fence-maintenance-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"427 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173660,"registerId":"nsw-sl-2025-0427-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Border Fence Maintenance Regulation 2025](/view/html/inforce/current/sl-2025-0427).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Border Fence Maintenance Regulation 2018](/view/html/repealed/current/sl-2018-0495), which would otherwise be repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Border Fence Maintenance Act 1921](/view/html/inforce/current/act-1921-017).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed amount for annual rates","content":"#### 4 Prescribed amount for annual rates\n\n4 Prescribed amount for annual rates\n\n> For the Act, section 12(1A), the prescribed amount is 7 cents per hectare.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interest on overdue rates","content":"#### 5 Interest on overdue rates\n\n5 Interest on overdue rates\n\n> For the Act, section 12A(2), the prescribed rate is the rate prescribed under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), section 101(7) for payment of interest on a judgment debt.\n> \n> Note—\n> \n> See the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418), rule 36.7.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Rate notice","content":"#### 6 Rate notice\n\n6 Rate notice\n\n> For the Act, section 14(1), the prescribed form of rate notice is a written notice that includes the following—\n> \n> > (a) the heading “[Border Fence Maintenance Act 1921](/view/html/inforce/current/act-1921-017)—Rate Notice”,\n> \n> > (b) the notice number,\n> \n> > (c) the date of issue of the notice,\n> \n> > (d) the name of the person liable to pay the rate,\n> \n> > (e) a description of the land in relation to which the rate is imposed,\n> \n> > (f) the area of the land in hectares,\n> \n> > (g) the amount prescribed by section 4 for annual rates,\n> \n> > (h) the person or authorised deposit-taking institution to which payment of the rate may be made,\n> \n> > (i) the interest rate prescribed by section 5 for overdue rates.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Border Fence Maintenance Regulation 2018](/view/html/repealed/current/sl-2018-0495) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Border Fence Maintenance Regulation 2018](/view/html/repealed/current/sl-2018-0495), had effect under that regulation continues to have effect under this regulation.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals and replaces the 2018 instrument but preserves existing acts, matters and things in force immediately before repeal (s7(1)–(2)). The textual changes in this instrument are limited to specifying the annual rate (s4), linking the overdue interest rate to another statute (s5), and prescribing notice content (s6). The text does not indicate an expansion of who is liable under the Act or new regulatory powers beyond those continued from the prior regulation."},"complexity_factors":["Prescribes a single numeric annual rate (7 cents per hectare) — straightforward arithmetic but affects all liable landholders (s4).","Links overdue interest to an external statutory rate (Civil Procedure Act 2005, s101(7)), creating dependency on another instrument and on rule changes (s5).","Specifies a detailed form and content for rate notices (heading, notice number, issue date, liable person, land description and area, prescribed amount, payment recipients, interest rate), increasing administrative compliance requirements for issuing authorities (s6).","Repeals and replaces the 2018 regulation but includes a savings clause preserving prior acts/matters, which requires administrators to manage continuity and transitional arrangements (s7(1)–(2)).","Commencement on publication creates immediate effect timing that administrators and payers must track (s2).","Multiple cross-references (the Act, Interpretation Act, Civil Procedure Act, Uniform Civil Procedure Rules) raise interpretive interdependencies and require users to consult other instruments (s3, s5 note)."],"plain_english_summary":"This regulation replaces the 2018 Border Fence Maintenance Regulation and fixes the annual border-fence maintenance charge at 7 cents per hectare. It ties interest on overdue rates to the judgment‑debt interest rate under the Civil Procedure Act, prescribes the required contents of rate notices, and carries forward existing rights and obligations from the 2018 instrument. It affects landholders liable under the Border Fence Maintenance Act by specifying how much they pay, how interest is calculated, and how payment is notified."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. Only administrative metadata is present in the provided text. No comparison between stated purpose and enacted provisions is possible."},"complexity_factors":["Only metadata and website navigation content was provided — no substantive legislative text is available for analysis","Regulations of this type (border fence maintenance) are typically procedural and narrowly scoped, suggesting low inherent complexity","Standard staged repeal mechanism under Subordinate Legislation Act 1989 adds no meaningful complexity","Complexity score is necessarily provisional given the absence of actual regulatory content"],"plain_english_summary":"This NSW subordinate regulation, in force from 22 August 2025 and set to automatically repeal on 1 September 2030, concerns maintenance of border pest‑exclusion fences (e.g., dingo/rabbit‑proof) along state borders. It likely affects landholders, farmers and government agencies responsible for fence upkeep and biosecurity. The public text provided contains only metadata; the substantive rules and obligations are not available, so impacts cannot be fully assessed."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation maintains the exact same scope as its 2018 predecessor and the original 1921 Act. It is purely a machinery provision that updates the dollar amounts and administrative details necessary to keep the Border Fence funding system operational. There is no expansion of purpose or coverage."},"complexity_factors":["Very short document — only 7 sections","Minimal defined terms — only 'the Act' is defined in the regulation itself","No nested exceptions or conditional logic","Straightforward cross-references to external legislation (Civil Procedure Act, Interpretation Act) that are standard and well-understood","Simple administrative provisions (setting dollar amounts, prescribing forms)"],"plain_english_summary":"This regulation sets the rules for collecting money to maintain the Border Fence — a historic rabbit-proof fence running through parts of New South Wales, Queensland and South Australia.\n\n**What it does:**\n- **Sets the annual rate** that landowners must pay to help maintain the fence: **7 cents per hectare** of land they own that falls within the Border Fence district.\n- **Sets the interest rate** for late payments — this matches whatever rate applies to court judgment debts under the Civil Procedure Act 2005 (currently around 10% per annum, though this can change).\n- **Specifies what a rate notice must look like** — it must include details like the landowner's name, land description, area in hectares, amount owed, and where to pay.\n- **Repeals the old 2018 regulation** and replaces it with this 2025 version, but anything that was valid under the old rules stays valid.\n\n**Who it affects:**\nLandowners in the Border Fence district — primarily rural property owners in far western NSW whose land is subject to the Border Fence Maintenance Act 1921.\n\n**Why it matters:**\nThe Border Fence (originally built to keep rabbits out of pastoral lands) still requires maintenance. This regulation ensures there's a funding mechanism — through these modest rates — to keep the fence standing and functional. Without this regulation, the funding system would expire in September 2025."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/border-fence-maintenance-regulation-2025","history":"/api/acts/border-fence-maintenance-regulation-2025/history","analysis":"/api/acts/border-fence-maintenance-regulation-2025/analysis","conflicts":"/api/acts/border-fence-maintenance-regulation-2025/conflicts","importantCases":"/api/acts/border-fence-maintenance-regulation-2025/important-cases","documents":"/api/acts/border-fence-maintenance-regulation-2025/documents"}}