{"id":"dog-fence-act-1946","name":"Dog Fence Act 1946","slug":"dog-fence-act-1946","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31914,"registerId":"sa-dog-fence-act-1946-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dog Fence Act 1946","content":"South Australia\nDog Fence Act 1946\nAn Act to provide for the establishment and maintenance of dog-proof fences in the State in order to prevent the entry of wild dogs into pastoral areas, and for incidental purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—Constitution of the board\n5\tConstitution of board\n6\tMembers of board\n7\tTerm of office\n10\tMethod of filling vacancies\n11\tCasual vacancies\n12\tDismissal of member\n13\tNotification of appointment\n14\tMeetings and quorum of board\n15\tMember presiding at meetings of the board\n15A\tConflict of interest under Public Sector (Honesty and Accountability) Act\n16\tAppointment of officers and employees\n17\tMembers' remuneration\nPart 3—Provisions as to dog fences\n18\tEstablishment of the primary dog fence\n19\tEstablishment of secondary dog fences\n20\tConstruction of fence to complete dog fences\n21\tReplacement of parts of dog fences\n22\tDuty of owner to maintain dog fence and destroy wild dogs\n23\tPowers and duties of board as to dog fences\n23A\tDog fences on Crown land\n24\tPayments to owners of dog fences\n24A\tProvisions as to ownership of dog fences\nPart 4—Financial provisions\n25\tImposition of rates on ratable land\n26\tSpecial rate in respect of local board areas\n27\tPayment and recovery of rates and special rates\n27A\tContribution by councils as alternative to rating by board\n28\tCharge to be payable by occupiers of land outside dog fence\n31\tSubsidy\n32\tAdvance to board by Treasurer\n32A\tBorrowing and investment powers of board\n33\tDog Fence Fund\n34\tAnnual report\n35\tAudit\nPart 4A—Local dog fence boards\n35A\tEstablishment of local dog fence boards\n35AB\tBorrowing and investment powers of local board\n35C\tVariation and abolition of local boards\nPart 5—Miscellaneous\n36\tAdministrative arrangements\n37\tInspection of dog fences by Government employees\n39\tEffect of notice\n40\tService of notice\n41\tRecovery of amounts payable to board\n41A\tRegistration of charges on land\n42\tPenalty for failure to supply statement\n43\tPenalty for damaging or removing a dog fence\n44\tEmployer liable for damage done by employee\n44A\tGate or ramp is part of a dog fence\n45\tPenalty for leaving gate open\n46\tPenalty for failing to apply amounts paid for maintenance of dog fence\n47\tRegulations\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Dog Fence Act 1946.\n4—Interpretation\n\t(1)\tIn this Act, unless the context or subject matter otherwise requires—\nboard means The Dog Fence Board constituted under this Act;\nCrown lands means Crown lands as defined in the Crown Lands Act 1929;\ndog fence means the primary dog fence, or a secondary dog fence, established under this Act;\nfinancial year means the period of 12 months ending on 30 June;\ninside a dog fence means—\n\t(a)\tin 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\n\t(b)\tin any other case—land within the State to which entry by wild dogs is further restricted by a secondary dog fence;\nland includes, according to the context, any interest or right under a lease or licence of Crown lands or an agreement to purchase Crown lands;\nlocal board means a local dog fence board established under Part 4A;\nmember means a member of the board;\noccupier in relation to land means a person who has, or is entitled to, possession or control of the land and includes—\n\t(a)\twhere the land is alienated from the Crown by grant in fee simple, the owner of the estate in fee simple; and\n\t(b)\twhere the land is held of the Crown by lease or licence, the lessee or licensee; and\n\t(c)\twhere 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;\noutside a dog fence means—\n\t(a)\tin 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\n\t(b)\tin 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;\nowner in relation to land means—\n\t(a)\twhere the land is alienated from the Crown by grant in fee simple, the owner of the estate in fee simple;\n\t(b)\twhere the land is held of the Crown by lease or licence, the lessee or licensee;\n\t(c)\twhere 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;\n\t(d)\tin any other case, the Crown;\nprimary dog fence see section 18(2);\nsecondary dog fence means a dog fence other than the primary dog fence;\nwild dog means—\n\t(a)\ta dingo or a dog that is any cross of a dingo; or\n\t(b)\ta feral dog.\n\t(2)\tFor 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.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Constitution of the board\n5—Constitution of board\n\t(1)\tThe Dog Fence Board is established.\n\t(2)\tThe board is a body corporate with perpetual succession and a common seal and, subject to this Act, has power in its corporate name to take, hold, and dispose of real and personal property of every kind and be a party to any legal proceedings.\n\t(3)\tA court or person acting judicially will take judicial notice of the seal of the board and when the seal appears on any document will presume that it was properly affixed.\n6—Members of board\n\t(1)\tThe board is to consist of five members appointed by the Minister of whom—\n\t(a)\tone will be a person nominated by the Minister; and\n\t(b)\ttwo (each of whom is an occupier of ratable land and at least one of whom is an occupier of ratable land adjoining the primary dog fence) will be nominated by Livestock SA Incorporated; and\n\t(c)\tone (who is an occupier of ratable land but not a Public Service employee) will be nominated by the Minister responsible for the administration of the Landscape South Australia Act 2019; and\n\t(d)\tone will be nominated by the Far West Dog Fence Boards Association Incorporated.\n\t(1a)\tThe Minister will appoint from amongst the members of the board a person to chair the meetings of the board.\n\t(2)\tWhere a nominating body referred to in subsection (1) fails to make a nomination within 60 days of being requested by the Minister to make the nomination, the Minister may nominate such person as the Minister thinks fit.\n\t(4)\tIn this section—\noccupier of ratable land means—\n\t(a)\tan occupier of land that is ratable land under section 25; or\n\t(b)\tan occupier of land in relation to which a contribution has been declared under section 27A to be payable for the current financial year,\nand includes a shareholder of a company that is an occupier of land referred to in paragraph (a) or (b).\n7—Term of office\n\t(1)\tExcept as otherwise provided by this Act, a member will, subject to this Act, hold office for a term, not exceeding 4 years, specified in the instrument of appointment.\n\t(3)\tA retiring member will hold office until his or her successor is appointed.\n\t(4)\tA person ceasing to be a member by reason of the expiration of his or her term of office is eligible for re-appointment if otherwise eligible under this Act.\n10—Method of filling vacancies\nOn the office of a member of the board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n11—Casual vacancies\n\t(1)\tIn addition to the retirement of a member by the expiration of his or her term of office, the office of a member is vacated on—\n\t(a)\tthe death or bankruptcy of the member, or the execution by the member of a statutory deed of assignment for the benefit of his or her creditors, or his or her compounding with his or her creditors for less than 100 cents in the dollar, or the conviction of the member of any indictable offence; or\n\t(b)\tthe absence of the member from three consecutive ordinary meetings of the board, without leave of the Minister; or\n\t(c)\tthe absence of the member from the State for three consecutive months without leave of the Minister; or\n\t(d)\tthe resignation of the member by notice in writing, posted or delivered to the Minister.\n\t(2)\tA body on the nomination of which a member has been appointed by the Minister may, by notice in writing given to the Minister, request that the appointment of that member be determined before the expiration of his or her term of office. If satisfied that the appointment should be determined, the Minister may determine the appointment of the member.\n12—Dismissal of member\nThe Minister may dismiss a member from his or her office—\n\t(a)\tif in the opinion of the Minister the member is, owing to mental or physical incapacity, incapable of discharging the duties of his or her office; or\n\t(b)\tif the member has been guilty of serious misconduct which, in the opinion of the Minister, makes it undesirable that he or she should remain a member of the board.\n13—Notification of appointment\nThe appointment of a member must be notified in the Gazette and will take effect as from the date specified in the notification.\n14—Meetings and quorum of board\n\t(1)\tMeetings of the board will be held at such times and at such place as is from time to time determined by the board but a meeting of the board must be held not less than once in every three months.\n\t(2)\tA quorum of the board consists of three members.\n15—Member presiding at meetings of the board\n\t(1)\tThe member appointed to chair the board will preside at meetings of the board or, in the absence of that member, a member chosen by those present.\n\t(2)\tThe member presiding at a meeting will have a casting vote as well as a deliberative vote.\n15A—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter shared in common with those engaged in or associated with animal or plant control generally or primary industry generally, or a substantial section of those engaged in or associated with animal or plant control or primary industry.\n16—Appointment of officers and employees\n\t(1)\tThe board may appoint a secretary and such other employees as are necessary for the purposes of the board at such remuneration as the board from time to time fixes.\n\t(2)\tAn employee of the board is not a Public Service employee.\n17—Members' remuneration\n\t(1)\tEach member is to be paid from the funds of the board such remuneration as is from time to time fixed by the Minister.\n\t(2)\tEach member is to be paid from the funds of the board travelling or other expenses necessarily incurred by him or her on the business of the board at a rate from time to time fixed by the Minister.\nPart 3—Provisions as to dog fences\n18—Establishment of the primary dog fence\n\t(1)\tFor the purpose of preventing the entry of wild dogs into the pastoral and agricultural areas of the State, a dog-proof fence (the primary dog fence) is to be established and maintained in the northern areas of the State.\n\t(2)\tThe Governor may, by proclamation made on the recommendation of the board, declare that the site of the primary dog fence is the site described in the proclamation.\n19—Establishment of secondary dog fences\n\t(1)\tFor the purpose of further restricting the movement of wild dogs within the pastoral and agricultural areas of the State, further dog-proof fences (secondary dog fences) may be established and maintained in the area inside the primary dog fence.\n\t(2)\tThe Governor may, by proclamation made on the recommendation of the board, declare that the site of a secondary dog fence is the site described in the proclamation.\n\t(3)\tThe Governor may, by subsequent proclamation made on the recommendation of the board, vary or revoke a proclamation made under this section.\n20—Construction of fence to complete dog fences\n\t(1)\tIf, in order to complete any portion of a dog fence, it is necessary to construct a new fence on any land or if in order to make dog-proof any part of a dog fence situated on any land, it is necessary that the fence be altered for that purpose, the board may, by notice in writing given to the occupier of the land, or, as the case may be, the owner of the fence require the occupier to construct the new fence or, as the case may be, the owner to alter the fence, within the time and in accordance with the directions specified in the notice.\n\t(2)\tThe occupier or, as the case may be, the owner must comply with the requirements of the notice, and in default of such compliance, the board may erect the fence or, as the case may be, carry out the alterations, and may recover the cost of so doing from the occupier or, as the case may be, the owner as a debt due to the board by the occupier or owner.\n\t(3)\tThe board must not issue a notice under subsection (1) except after consultation with the occupier of the land, or the owner of the fence, as the case may require.\n21—Replacement of parts of dog fences\n\t(1)\tThe board may carry out work, or approve the carrying out of work, for the construction of a dog-proof fence, or for the alteration of a fence to make it dog-proof, to replace an existing part of a dog fence.\n\t(2)\tThe board may enter into an agreement for contributions to be made to the board, or by the board, towards the cost of work carried out under subsection (1).\n\t(3)\tWhere—\n\t(a)\tthe board carries out work to replace an existing part of a dog fence with another fence that would, as part of a dog fence, be under the same ownership; and\n\t(b)\tthe fence to be replaced is in disrepair and, in the opinion of the board, in such a condition, or on such land, that it is not reasonably practicable to make it good as dog-proof fencing,\nthe board may recover the cost of the work from the owner of the existing part of a dog fence as a debt due to the board by the owner.\n\t(4)\tOn the recommendation of the board, the Governor may, by proclamation, declare a specified dog-proof fence to be part of the dog fence in place of an existing part of the dog fence specified in the proclamation.\n22—Duty of owner to maintain dog fence and destroy wild dogs\n\t(1)\tThe owner of any part of a dog fence—\n\t(a)\tmust at all times keep it in a dog-proof condition and properly maintained as a dog-proof fence; and\n\t(b)\tmust, for the purpose of keeping it in that condition and so maintained, cause it to be inspected at intervals of not more than 14 days; and\n\t(c)\tmust take all reasonable steps to destroy all wild dogs in the vicinity of the part of a dog fence owned by the owner by shooting or trapping the dogs or by laying poisoned baits for them.\n\t(2)\tAn owner of any part of a dog fence who fails to comply with subsection (1) is, in addition to any liability that may be incurred under section 23(2), guilty of an offence.\nPenalty: Division 8 fine.\n23—Powers and duties of board as to dog fences\n\t(1)\tThe board has the following powers and duties with respect to dog fences:\n\t(a)\tthe board must ensure that all dog fences are properly maintained and are at all times dog-proof;\n\t(b)\tthe board must ensure that dog fences are properly inspected;\n\t(c)\tthe board must ensure that wild dogs are destroyed in the vicinity of a dog fence by the owners of the dog fence.\n\t(2)\tIf the board is satisfied that an owner of any part of a dog fence has failed to maintain or inspect any part of the dog fence owned by him or her or to keep the fence dog‑proof or to destroy wild dogs in the vicinity of the fence, the board may carry out any necessary work for the purpose of maintaining or inspecting the fence or making it dog-proof or of destroying wild dogs in the vicinity of the fence, and may recover the cost of so doing from the owner as a debt due to the board by the owner.\n\t(3)\tFor the purposes of this section, the board, or a person authorised by the board, may enter and remain on land on which a dog fence is situated.\n23A—Dog fences on Crown land\n\t(1)\tThe board may—\n\t(a)\tfor the purpose of completing or replacing a portion of a dog fence, erect a fence on any Crown land;\n\t(b)\tmake dog-proof any fence on Crown land;\n\t(c)\tmaintain any such fence.\n\t(2)\tWithout limitation of the powers conferred by this section, the board may, for the purpose of carrying out any work authorised by subsection (1), enter into any arrangement with the occupier of any land.\n24—Payments to owners of dog fences\n\t(1)\tThe board must, in each financial year, pay to each owner of part of a dog fence an amount (not exceeding $400 for each kilometre of fence owned by him or her) 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.\n\t(1aa)\tFor the purpose of determining the amount to be paid under subsection (1), the board may fix differential rates of payment in respect of different parts of a fence.\n\t(1a)\tIf any part of a dog fence is owned jointly by two or more owners, the board must pay the amount referred to in subsection (1) to such of the owners as the board is satisfied will undertake the liability of carrying out the work referred to in subsection (2), and the board may require the joint owners to enter into an agreement relating to that liability.\n\t(1b)\tSubsection (1a) does not derogate from section 22 or 23.\n\t(2)\tAn 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.\n\t(2a)\tWith the consent in writing of the board, the owner may apply any such amount or any part of it for the payment of any interest payable in respect of any capital liability incurred by the owner in respect of a fence.\n\t(2b)\tA consent may be given under subsection (2a) for a period and on conditions fixed by the board.\n\t(3)\tThe board may, in any case it thinks fit, pay an amount payable under this section in instalments.\n\t(4)\tAn amount paid to an owner under this section 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.\n\t(5)\tIf under this Act an amount is payable to the board by an owner, that amount must be set off against any amount payable to the owner under this section.\n\t(5a)\tIf satisfied that an owner will not properly carry out the duties imposed on him or her by this Act the board may refuse to pay to the owner the balance of the amount payable to the owner under this section or any other amount payable to the owner under this section.\n\t(6)\tThe board may, by notice in writing given to an owner to whom an amount is paid under this section, 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.\n24A—Provisions as to ownership of dog fences\n\t(1)\tSubject to subsection (2), where part of a dog fence stands or is erected or constructed on land comprised in a Crown lease as defined in section 147 of the Crown Lands Act 1929, the lessee of the land under the lease will, for the purposes of this Part, be taken to be the owner of such part of the fence on that land as is not vested in a local board.\n\t(2)\tWhere a dog fence divides contiguous land of adjoining owners, the owner of the land inside the dog fence will, for the purposes of this Part, be taken to be—\n\t(a)\tthe owner of the land on which that part of the fence is situated; and\n\t(b)\tthe owner of so much of that part of the fence as is not vested in a local board.\n\t(3)\tWhere a part of a dog fence adjoins the area in relation to which a local board is established, the ownership of that part of the dog fence is vested in that local board.\n\t(4)\tHowever, the Governor may, by proclamation made on the recommendation of the board and with the agreement of the relevant owner of the land, vest part of the fence vested by subsection (3) in the owner of the land on which the fence is situated.\n\t(5)\tThe Governor may, by subsequent proclamation made on the recommendation of the board, revest any part of the fence vested by subsection (4) in a local board.\nPart 4—Financial provisions\n25—Imposition of rates on ratable land\n\t(1)\tThe board may, by notice published in the Gazette, declare that any holding of more than 10 square kilometres of land that is situated within an area inside a dog fence specified in the notice is ratable land and, by further notice, amend or vary that notice.\n\t(2)\tWith the approval of the Minister, the board may, by notice published in the Gazette, declare in respect of each financial year a rate on ratable land and a minimum amount payable by way of rates.\n\t(3)\tThe rate must be expressed as an amount per square kilometre of ratable land, not exceeding $2.00 per square kilometre.\n\t(4)\tWhere the amount of rate payable by a person would be less than the minimum amount for the time being declared under this section, the amount payable by that person is that minimum amount.\n\t(5)\tIn this section—\nholding includes 2 or more parcels of land that—\n\t(a)\tare farmed as a single enterprise; and\n\t(b)\tare occupied by the same person or persons, whether or not the pieces of land are contiguous.\n26—Special rate in respect of local board areas\n\t(1)\tThe board may, by notice published in the Gazette, in respect of each financial year, declare a special rate on holdings of more than 100 hectares that are situated within the area in relation to which a local board is established.\n\t(2)\tThe special rate must, unless the Minister and each occupier of land on which the special rate is declared agree otherwise, be expressed as an amount per square kilometre of the land on which it is declared, not exceeding $3 per square kilometre.\n\t(3)\tThe amount collected or recovered by the board in consequence of the declaration of a special rate on land within the area in relation to which a local board is established, less the cost to the board of collection and recovery of that amount, is to be paid to the local board.\n27—Payment and recovery of rates and special rates\n\t(1)\tThe board must as soon as practicable after the declaration of a rate or special rate under this Part serve on the occupier of ratable land or on the occupier of land on which the special rate is declared, as the case may be, a notice stating the amount the occupier is liable to pay by way of rates or special rates, as the case may be.\n\t(2)\tSubject to subsection (3), the amount of the rate or special rate imposed under this Part is due and payable on the expiration of 28 days from the day on which the notice is served under subsection (1).\n\t(3)\tThe board may, in such cases and with such conditions as it thinks fit, extend the time for payment of the rate or special rate.\n\t(5)\tAny rate or special rate imposed under this Part is, when it becomes due and payable, a debt due to the board and may be recovered in any court of competent jurisdiction.\n27A—Contribution by councils as alternative to rating by board\n\t(1)\tThe board may, with the approval of the Minister and after consultation with the Local Government Association of South Australia, by notice published in the Gazette—\n\t(a)\tdeclare a council (other than a council whose area is comprised of or includes ratable land under section 25) to be a participating council for the purposes of this section; and\n\t(b)\tbefore 31 December in any year, declare that a contribution for the next financial year is to be paid to the board by each participating council consisting of—\n\t(i)\tin respect of the portion of the council area that is rural land—a specified percentage, not exceeding one per cent, of the general rate revenue to be derived by the council for that next financial year in respect of that rural land; and\n\t(ii)\tin respect of the portion of the council area that is urban land—a specified percentage, not exceeding 0.25 per cent, of the general rate revenue to be derived by the council for that next financial year in respect of that urban land.\n\t(2)\tThe board may, by notice published in the Gazette, amend or vary a notice under subsection (1).\n\t(3)\tThe board must cause notice in writing of a declaration under subsection (1)(b) to be served on each council to which it applies not later than 31 December of the year in which the declaration is made.\n\t(4)\tA council to which a declaration under subsection (1)(b) applies must pay the contribution specified in the declaration to the board for the credit of the Dog Fence Fund not later than 31 May in the financial year next following the making of the declaration.\n\t(5)\tIn this section—\ncouncil means a council constituted under the Local Government Act 1999;\nrural land means land that is ratable land under the Local Government Act 1999 and does not lie within a municipality or township within the meaning of that Act;\nurban land means land that is ratable land under the Local Government Act 1999 and lies within a municipality or township within the meaning of that Act.\n28—Charge to be payable by occupiers of land outside dog fence\n\t(1)\tThe board may, in respect of a financial year, levy a charge on the occupier of land to which this section applies.\n\t(2)\tThe amount of a charge levied against an occupier under this section is to be calculated by multiplying the length of that part of a dog fence that is adjacent to his or her land (expressed in kilometres) by the prescribed rate.\n\t(3)\tSubject to subsection (4), a charge under this section becomes due and payable on the expiration of 28 days from the day on which notice of the charge is served on the occupier.\n\t(4)\tThe board may, in such cases as it thinks fit, extend the time for payment of the charge by such period as it considers the circumstances warrant.\n\t(5)\tA charge under this section is, when it becomes due and payable, a debt due to the board and may be recovered in any court of competent jurisdiction.\n\t(6)\tAmounts received by the board under this section 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.\n\t(7)\tPayments made under subsection (6) 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 section, and are in addition to other payments that may be made by the board under other provisions of this Act.\n\t(8)\tThe board must, at the expiration of each successive period of five years after the commencement of the Dog Fence Act Amendment Act 1984, in consultation with the Livestock SA Incorporated, review the prescribed rate and may, on the completion of the review, recommend to the Governor that the prescribed rate be increased or reduced.\n\t(9)\tIn this section—\nland to which this section applies means land of one occupier (being land situated outside a dog fence) that is divided from land of another occupier by the dog fence;\nprescribed rate means $37.50 per kilometre or such other amount per kilometre as may be fixed by regulation on the recommendation of the board under subsection (8).\n31—Subsidy\nThe Treasurer must, out of money to be provided by Parliament for the purpose—\n\t(b)\tas soon as may be after the commencement of each financial year, pay to the board a subsidy at the rate of $1 for every dollar of the rates and contributions by councils declared by the board for each such financial year and payable in respect of each such financial year.\n32—Advance to board by Treasurer\nFor the temporary accommodation of the board, the Treasurer may, without any further appropriation than this section, from time to time advance to the board from the Consolidated Account any amount considered necessary by the Treasurer at such interest and on such conditions as the Treasurer thinks fit and an amount so advanced may be set off against any future subsidy payable to the board under section 31.\n32A—Borrowing and investment powers of board\n\t(1)\tThe board may, for the purposes of this Act, borrow money from the Treasurer or, with the consent of the Treasurer, from any other person.\n\t(2)\tLiabilities incurred by the board under subsection (1) with the consent of the Treasurer are guaranteed by the Treasurer.\n\t(3)\tA liability of the Treasurer under a guarantee arising by virtue of subsection (2) is to be satisfied out of the Consolidated Account which is appropriated by this section to the necessary extent.\n\t(4)\tAny money of the board that is not immediately required for the purposes of this Act may be invested in such manner as the Treasurer may approve.\n33—Dog Fence Fund\n\t(1)\tThe money of the board is to be held by the Treasurer in a fund called \"The Dog Fence Fund\".\n\t(2)\tThe fund will consist of—\n\t(a)\tmoney received by the board as rates or contributions by councils;\n\t(b)\tmoney paid to the board as a subsidy on rates or contributions by councils declared by the board;\n\t(c)\tany other money received by the board.\n\t(3)\tThe fund may, without any further appropriation than this Act, be expended by the board for the purposes of the execution and administration of this Act.\n34—Annual report\n\t(1)\tThe board must within three months after the close of each financial year, prepare and present to the Minister a statement of its receipts and payments and a report on its operations during that financial year and the report must as soon as practicable after it has been received be laid before both Houses of Parliament.\n\t(3)\tThe board must, within 14 days after presenting its report and statement of receipts and payments to the Minister, publish in the Gazette a copy of the statement of receipts and payments.\n35—Audit\n\t(1)\tThe Auditor-General must make an annual audit of the board's accounts and for the purpose of any audit may exercise any of the powers which he or she could exercise for the purpose of auditing the accounts of a Government department.\n\t(2)\tFor each audit the board must pay to the Treasurer a reasonable fee of an amount approved by the Treasurer.\nPart 4A—Local dog fence boards\n35A—Establishment of local dog fence boards\n\t(1)\tFor the purpose of defraying the cost of erecting and maintaining part of a dog fence, or a fence that the board proposes to substitute as part of a dog fence instead of an existing part, the Minister may, on the recommendation of the board, by notice in the Gazette, establish a local dog fence board constituted of the persons specified in the notice for the area inside a dog fence specified in the notice.\n\t(2)\tThe local board will have the powers and duties specified in the notice.\n\t(3)\tA local board established by proclamation before the commencement of this section continues as if it were established by notice under this section.\n35AB—Borrowing and investment powers of local board\n\t(1)\tA local board may, for the purposes of this Act, with the consent of the board—\n\t(a)\tborrow money from the Treasurer; or\n\t(b)\tborrow money, with the additional consent of the Treasurer, from any other person.\n\t(2)\tLiabilities incurred by a local board under subsection (1) with the consent of the Treasurer are guaranteed by the Treasurer.\n\t(3)\tA liability of the Treasurer under a guarantee arising by virtue of subsection (2) is to be satisfied out of the Consolidated Account which is appropriated by this section to the necessary extent.\n\t(4)\tAny money of a local board that is not immediately required for the purposes of this Act may be invested in such manner as the Treasurer may approve.\n35C—Variation and abolition of local boards\nThe Minister may, on the recommendation of the board, by notice in the Gazette—\n\t(a)\talter the constitution, or the powers and duties, of a local board established by proclamation or notice under section 35A; or\n\t(b)\tabolish a local board established by proclamation or notice under section 35A and make provision for incidental matters.\nPart 5—Miscellaneous\n36—Administrative arrangements\n\t(1)\tThe board may arrange with the Minister on such terms as are mutually agreed, for the carrying out by employees of the Government of any administrative work on behalf of the board and of the compiling and keeping of any records necessary for the purposes of the board.\n\t(2)\tWithout limiting the generality of subsection (1), any such arrangements may provide that measures or proceedings for the recovery of rates under this Act may be taken on behalf of the board by employees of the Government and measures or proceedings so taken will be presumed to have been taken by the board.\n37—Inspection of dog fences by Government employees\n\t(1)\tThe Minister may arrange for the inspection of a dog fence by employees of the Government at such intervals as are determined by the Minister on the recommendation of the board.\n\t(2)\tFor the purposes of subsection (1), the Government employee may enter and remain on land on which the fence is situated.\n39—Effect of notice\nIf a notice required to be given under this Act by the board is given to an occupier or to the owner of a fence, that notice will be taken to have been given to any successor in occupation or ownership of that occupier or owner.\n40—Service of notice\nA notice required by this Act to be given by the board to a person may be given by post addressed to the place of business or residence of that person.\n41—Recovery of amounts payable to board\n\t(1)\tWhere the board is empowered to recover the cost of any work from a person under this Act, the board must first serve notice on the person of the amount of the cost and the amount becomes due and payable on the expiration of 28 days from the day on which the notice is so served.\n\t(1a)\tWhere an amount is due and payable by a person to the board under this Act, the following provisions apply:\n\t(a)\tthe person will, if the amount is not paid to the board within 28 days after the day on which the amount became due and payable, be liable to pay, in addition, a fine of 10 per cent on the amount unpaid by the person;\n\t(b)\tany such fine may be recovered (together with the amount to which the fine relates) as a debt due to the board by action in a court of competent jurisdiction;\n\t(c)\tthe amount together with any such fine is until paid—\n\t(i)\tin the case of an amount payable for the cost of work carried out in respect of a fence—a first charge in favour of the board on the land of which that person is owner adjoining the fence or on which the fence is situated; or\n\t(ii)\tin any other case—a first charge in favour of the board on the land in respect of which the amount is payable.\n\t(1b)\tThe board may, in its discretion, on grounds of hardship or otherwise, remit the whole or any part of an amount payable to the board under this Act, or postpone payment or allow payment by instalments.\n\t(1c)\tIn any legal proceedings, an apparently genuine document purporting to be executed by the board and certifying as to any amount payable to the board by a person under this Act is, in the absence of proof to the contrary, to be accepted as proof of the matters so certified.\n\t(2)\tIf under section 23 an amount is payable to the board by a local board, that amount is to be set off against any amount payable to the local board by way of rates collected or recovered for that local board by the board under Part 4.\n41A—Registration of charges on land\n\t(1)\tWhere there is, under section 41, a charge on land in favour of the board, the board may deliver to the Registrar-General notice, in a form determined by the Registrar-General, setting out the amount of the charge and the land subject to the charge.\n\t(2)\tOn receipt of a notice under subsection (1), the Registrar-General must, in relation to any land referred to in the notice, enter a note of the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(3)\tWhere a note of a charge is entered under this section and default is made (whether before or after the making of that entry) in the payment of an amount to which the charge relates, the board has the same powers in respect of the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in the payment of money secured by the mortgage.\n\t(4)\tThe board must, if the amount to which the charge relates is paid or otherwise ceases to be payable, by notice to the Registrar-General in a form determined by the Registrar-General, apply for the discharge of the charge.\n\t(5)\tThe Registrar-General must then cancel the relevant entry.\n\t(6)\tUnless the board otherwise determines, any fee or duty payable by the board in connection with a charge under this section—\n\t(a)\twill be recoverable by the board from the person whose land is subject to the charge; and\n\t(b)\twill be added to the amount to which the charge relates.\n\t(7)\tThis section and section 41 apply notwithstanding the provisions of the Real Property Act 1886.\n\t(8)\tIn this section—\nRegistrar-General includes the Registrar-General of Deeds.\n42—Penalty for failure to supply statement\n\t(1)\tA person who fails to supply to the board a statement in writing as and when required under section 24 is guilty of an offence.\nPenalty: Division 8 fine.\n\t(2)\tA person who supplies such a statement to the board which is false in any material part is guilty of an offence.\nPenalty: Division 7 fine.\n43—Penalty for damaging or removing a dog fence\n\t(1)\tA person who, without lawful excuse, the burden of proof of which lies on the person, damages or does any act or makes any omission of such a nature as to be likely to cause damage to, any part of a dog fence is, whether or not he or she is the owner of that part of the fence, guilty of an offence.\nPenalty: Division 7 fine.\n\t(2)\tA person who, without the consent in writing of the board, the burden of proof of which lies on the person—\n\t(a)\tremoves any part of a dog fence; or\n\t(b)\tdoes any act whereby any part of a dog fence ceases to be dog-proof,\nis, whether or not he or she is the owner of that part of the fence, guilty of an offence.\nPenalty: Division 7 fine.\n\t(3)\tOn the conviction of a person for an offence involving the removal of or any damage to any part of a dog fence, the court may, if the convicted person is not the person responsible for the maintenance of that part of the fence, in addition to or in lieu of any penalty imposable under this section, order the convicted person to pay to the person so responsible such sum as the court thinks proper by way of compensation for the removal or damage.\n44—Employer liable for damage done by employee\n\t(1)\tWhere an act or omission constituting an offence involving damage to or the removal of any part of a dog fence is done or made by a person in the course and scope of his or her employment, the employer of that person is liable to pay to the person responsible for the maintenance of that part of the fence such expenses as are or may be necessarily incurred in restoring that part of the fence as a dog-proof fence: But this section is not to be construed as limiting any other liability of the employer under this or any other Act or otherwise.\n\t(2)\tThe expenses payable under subsection (1) may be recovered in any court of competent jurisdiction.\n\t(3)\tWhere an act or omission referred to in subsection (1) is done or made by the driver of a vehicle, the owner of the vehicle will for the purposes of this section be taken to be the employer of the driver unless the owner proves that at the time the act was done or omission was made the driver was not in the ordinary employment of the owner nor acting within the course and scope of that employment.\n44A—Gate or ramp is part of a dog fence\nFor the purposes of sections 43 and 44, any gate or ramp pertaining to a dog fence will be taken to be part of the dog fence.\n45—Penalty for leaving gate open\nA person who—\n\t(a)\tpassing through a gateway in a dog fence leaves the gate open; or\n\t(b)\topens and leaves open a gate in a dog fence,\nis guilty of an offence.\nPenalty: Division 8 fine.\n46—Penalty for failing to apply amounts paid for maintenance of dog fence\nA person to whom an amount is paid under section 24 who fails to apply that amount as required by or under that section, is guilty of an offence.\nPenalty: Division 8 fine.\n47—Regulations\nThe Governor may make any regulations necessary or convenient for carrying this Act into effect.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nRepeal of Act\nThe Dog Fence Act 1946 will be repealed by Sch 6 cl 10 of the Biosecurity Act 2025.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1946\n34\n Dog Fence Act 1946\n19.12.1946\n17.6.1947 (Gazette 12.6.1947 p1637)\n1949\n43\n Dog Fence Act Amendment Act 1949\n1.12.1949\n1.12.1949\n1953\n9\n Dog Fence Act Amendment Act 1953\n8.10.1953\n8.10.1953\n1959\n29\n Dog Fence Act Amendment Act 1959\n3.12.1959\n3.12.1959\n1960\n32\n Dog Fence Act Amendment Act 1960\n3.11.1960\n3.11.1960\n1961\n14\n Dog Fence Act Amendment Act 1961\n2.11.1961\n2.11.1961\n1962\n48\n Dog Fence Act Amendment Act 1962\n15.11.1962\n15.11.1962\n1964\n18\n Statutes Amendment (Dog Fence and Vermin) Act 1964\n24.9.1964\n24.9.1964\n1969\n43\n Dog Fence Act Amendment Act 1969\n20.11.1969\n20.11.1969\n1975\n42\n Dog Fence Act Amendment Act 1975\n10.4.1975\n2.10.1975 (Gazette 2.10.1975 p1822)\n1978\n105\n Dog Fence Act Amendment Act 1978\n7.12.1978\n15.2.1979 (Gazette 15.2.1979 p348)\n1982\n99\n Dog Fence Act Amendment Act 1982\n23.12.1982\n3.2.1983 (Gazette 3.2.1983 p284)\n1984\n63\n Dog Fence Act Amendment Act 1984\n27.9.1984\n27.9.1984\n1986\n22\n Dog Fence Act Amendment Act 1986\n20.3.1986\n3.7.1986 (Gazette 3.7.1986 p2)\n1989\n63\n Dog Fence Act Amendment Act 1989\n29.10.1989\n1.1.1990 (Gazette 21.12.1989 p1844)\n1995\n2\n Dog Fence (Miscellaneous) Amendment Act 1995\n2.3.1995\n1.7.1995 (Gazette 25.5.1995 p2198)\n1995\n99\n Dog Fence (Special Rate, etc) Amendment Act 1995\n14.12.1995\n11.4.1996 (Gazette 11.4.1996 p1944)\n2004\n34\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 4)—1.7.2005 (Gazette 30.6.2005 p2093)\n2005\n45\n Dog Fence (Miscellaneous) Amendment Act 2005\n29.9.2005\n10.11.2005 (Gazette 10.11.2005 p3926)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 49 (ss 99 & 100)—1.2.2010 (Gazette 28.1.2010 p320)\n2015\n8\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 11 (ss 66—68)—1.7.2015 (Gazette 25.6.2015 p3076)\n2016\n19\n Dog Fence (Payments and Rates) Amendment Act 2016\n26.5.2016\n26.5.2016\n2019\n25\nStatutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 12 (ss 22 & 23)—3.10.2019: s 2(1)\n2019\n33\nLandscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 7)—1.7.2020 (Gazette 25.6.2020 p3502)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 3 of The Public General Acts of South Australia 1837-1975 at page 487.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 2/1995 Sch\n1.7.1995\n\nsubstituted by 45/2005 s 4\n10.11.2005\nPt 1\n\n\nss 2 and 3\ndeleted by 2/1995 Sch\n1.7.1995\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 2/1995 s 3(e)\n1.7.1995\nboard\namended by 2/1995 Sch\n1.7.1995\nchairman\ndeleted by 2/1995 s 3(a)\n1.7.1995\ndog fence\ninserted by 45/2005 s 5(1)\n10.11.2005\ndog-proof fence\ndeleted by 2/1995 s 3(a)\n1.7.1995\nfinancial year\namended by 2/1995 Sch\n1.7.1995\ninside the dog fence\namended by 63/1984 s 2\n27.9.1984\n\ndeleted by 45/2005 s 5(2)\n10.11.2005\ninside a dog fence\ninserted by 45/2005 s 5(2)\n10.11.2005\noutside a dog fence\ninserted by 45/2005 s 5(3)\n10.11.2005\nland\ninserted by 2/1995 s 3(b)\n1.7.1995\nlocal board\namended by 2/1995 Sch\n1.7.1995\nmember\namended by 2/1995 s 3(c)\n1.7.1995\nMinister\ndeleted by 2/1995 Sch\n1.7.1995\noccupier\nsubstituted by 105/1978 s 3\n15.2.1979\nowner\ninserted by 2/1995 s 3(d)\n1.7.1995\nprimary dog fence\ninserted by 45/2005 s 5(4)\n10.11.2005\nsecondary dog fence\ninserted by 45/2005 s 5(4)\n10.11.2005\nsuburban land\ndeleted by 2/1995 s 3(d)\n1.7.1995\ntown\ndeleted by 2/1995 s 3(d)\n1.7.1995\nwild dog\nsubstituted by 45/2005 s 5(5)\n10.11.2005\ns 4(2)\ninserted by 2/1995 s 3(e)\n1.7.1995\nPt 2\n\n\ns 5\n\n\ns 5(1)\nsubstituted by 2/1995 Sch\n1.7.1995\ns 5(2) and (3)\namended by 2/1995 Sch\n1.7.1995\ns 6\namended by 99/1982 s 3\n3.2.1983\n\nsubstituted by 22/1986 s 3\n3.7.1986\ns 6(1)\namended by 63/1989 s 3\n1.1.1990\n\nsubstituted by 2/1995 s 4(a)\n1.7.1995\n\namended by 99/1995 s 3(a)\n11.4.1996\n\namended by 34/2004 Sch 4 cl 4\n1.7.2005\n\namended by 45/2005 s 6\n10.11.2005\n\namended by 8/2015 s 66(1)—(4)\n1.7.2015\n\namended by 33/2019 Sch 5 cl 7\n1.7.2020\ns 6(1a)\ninserted by 99/1995 s 3(b)\n11.4.1996\ns 6(2)\namended by 2/1995 Sch\n1.7.1995\ns 6(3)\namended by 2/1995 Sch\n1.7.1995\n\ndeleted by 8/2015 s 66(5)\n1.7.2015\ns 6(4)\n\n\noccupier of ratable land\nsubstituted by 2/1995 s 4(b)\n1.7.1995\ns 6(5)\ndeleted by 2/1995 Sch\n1.7.1995\ns 7\n\n\ns 7(1)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 7(1)\n10.11.2005\ns 7(2)\namended by 2/1995 Sch\n1.7.1995\n\ndeleted by 45/2005 s 7(2)\n10.11.2005\ns 7(3)\nsubstituted by 2/1995 Sch\n1.7.1995\ns 7(4)\namended by 2/1995 Sch\n1.7.1995\ns 8\ndeleted by 99/1982 s 4\n3.2.1983\ns 9\ndeleted by 22/1986 s 4\n3.7.1986\ns 10\namended by 22/1986 s 5\n3.7.1986\n\nsubstituted by 2/1995 Sch\n1.7.1995\ns 11\n\n\ns 11(1)\namended by 22/1986 s 6(a)\n3.7.1986\n\namended by 2/1995 Sch\n1.7.1995\ns 11(2)\namended by 22/1986 s 6(b)\n3.7.1986\n\namended by 63/1989 s 4\n1.1.1990\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 8/2015 s 67\n1.7.2015\ns 12\namended by 22/1986 s 7\n3.7.1986\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 8/2015 s 68\n1.7.2015\ns 13\namended by 2/1995 Sch\n1.7.1995\ns 14\n\n\ns 14(1) and (2)\namended by 2/1995 Sch\n1.7.1995\ns 15\nsubstituted by 2/1995 s 5\n1.7.1995\ns 15A\ninserted by 84/2009 s 99\n1.2.2010\ns 16\n\n\ns 16(1)\namended by 2/1995 Sch\n1.7.1995\ns 16(2)\nsubstituted by 2/1995 Sch\n1.7.1995\ns 16(3)\ndeleted by 2/1995 Sch\n1.7.1995\ns 17\n\n\ns 17(1)\namended by 22/1986 s 8\n3.7.1986\n\namended by 2/1995 Sch\n1.7.1995\ns 17(2)\namended by 2/1995 Sch\n1.7.1995\nPt 3\n\n\nheading\namended by 45/2005 s 8\n10.11.2005\ns 18 before substitution by 45/2005\n\n\ns 18(1)\namended by 2/1995 Sch\n1.7.1995\ns 18\nsubstituted by 45/2005 s 9\n10.11.2005\ns 19 before substitution by 45/2005\n\n\ns 19(1)\ndeleted by 2/1995 Sch\n1.7.1995\ns 19(2)\nsubstituted by 2/1995 Sch\n1.7.1995\ns 19\nsubstituted by 45/2005 s 9\n10.11.2005\ns 20\n\n\ns 20(1)\namended by 45/2005 s 10(1)\n10.11.2005\ns 20(2)\namended by 2/1995 Sch\n1.7.1995\ns 20(3)\ninserted by 45/2005 s 10(2)\n10.11.2005\ns 20A\ndeleted by 2/1995 s 6\n1.7.1995\ns 21\nsubstituted by 2/1995 s 6\n1.7.1995\ns 21(1) and (3)\namended by 45/2005 s 11\n10.11.2005\ns 22\n\n\ns 22(1)\namended by 99/1982 s 5\n3.2.1983\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 12(1), (2)\n10.11.2005\ns 22(2)\nsubstituted by 2/1995 s 7\n1.7.1995\n\namended by 45/2005 s 12(3)\n10.11.2005\ns 23\n\n\ns 23(1)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 13(1)—(4)\n10.11.2005\ns 23(2)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 13(5)\n10.11.2005\ns 23(3)\ninserted by 45/2005 s 13(6)\n10.11.2005\n s 23A\n\n\ns 23A(1)\namended by 2/1995 s 8, Sch\n1.7.1995\n\namended by 45/2005 s 14\n10.11.2005\n s 24\n\n\ns 24(1)\nsubstituted by 99/1982 s 6\n3.2.1983\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 15(1), (2)\n10.11.2005\n\namended by 19/2016 s 3\n26.5.2016\ns 24(1aa)\ninserted by 99/1982 s 6\n3.2.1983\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 15(3)\n10.11.2005\ns 24(1a)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 15(4)\n10.11.2005\ns 24(1b)\ninserted by 2/1995 Sch\n1.7.1995\ns 24(2)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 15(5)\n10.11.2005\ns 24(2a)\ninserted by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 15(6)\n10.11.2005\ns 24(2b)\ninserted by 2/1995 Sch\n1.7.1995\ns 24(3) and (4)\namended by 2/1995 Sch\n1.7.1995\ns 24(5)\namended by 2/1995 s 9, Sch\n1.7.1995\ns 24(5a)\ninserted by 2/1995 Sch\n1.7.1995\ns 24(6)\namended by 2/1995 Sch\n1.7.1995\ns 24A\n\n\ns 24A(1)\ns 24A amended and redesignated as s 24A(1) by 63/1984 s 3\n27.9.1984\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 16(1)\n10.11.2005\ns 24A(2)\ninserted by 63/1984 s 3(b)\n27.9.1984\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 16(2)\n10.11.2005\ns 24A(3)\ninserted by 2/1995 s 10\n1.7.1995\n\namended by 45/2005 s 16(3)\n10.11.2005\ns 24A(4) and (5)\ninserted by 45/2005 s 16(4)\n10.11.2005\nPt 4\n\n\ns 25\n\n\ns 25(1)\namended by 2/1995 s 11, Sch\n1.7.1995\n\namended by 45/2005 s 17(1)\n10.11.2005\ns 25(2)\nsubstituted by 99/1982 s 7(a)\n3.2.1983\n\namended by 2/1995 Sch\n1.7.1995\ns 25(3)\namended by 99/1982 s 7(b)\n3.2.1983\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 17(2)\n10.11.2005\n\namended by 19/2016 s 4\n26.5.2016\ns 25(4)\namended by 2/1995 Sch\n1.7.1995\ns 25(5)\ninserted by 45/2005 s 17(3)\n10.11.2005\ns 26\n\n\ns 26(1)\namended by 99/1982 s 8(a)\n3.2.1983\n\namended by 2/1995 s 12, Sch\n1.7.1995\ns 26(2)\namended by 99/1982 s 8(b)\n3.2.1983\n\namended by 2/1995 Sch\n1.7.1995\n\namended by 99/1995 s 4\n11.4.1996\ns 26(3)\namended by 2/1995 Sch\n1.7.1995\ns 27\ninserted by 105/1978 s 4\n15.2.1979\ns 27(1)\namended by 2/1995 Sch\n1.7.1995\ns 27(2)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 18(1)\n10.11.2005\ns 27(3)\ndeleted by 2/1995 s 13(a)\n1.7.1995\n\ninserted by 45/2005 s 18(2)\n10.11.2005\ns 27(4)\ndeleted by 2/1995 s 13(a)\n1.7.1995\ns 27(5)\namended by 2/1995 s 13(b), Sch\n1.7.1995\ns 27(6)\ndeleted by 2/1995 s 13(c)\n1.7.1995\ns 27A\ninserted by 2/1995 s 14\n1.7.1995\ns 27A(5)\namended by 45/2005 s 19\n10.11.2005\ns 28\ninserted by 63/1984 s 4\n27.9.1984\ns 28(2)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 20(1)\n10.11.2005\ns 28(3) and (5)\namended by 2/1995 Sch\n1.7.1995\ns 28(6)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 20(2)\n10.11.2005\ns 28(7)\namended by 2/1995 Sch\n1.7.1995\ns 28(8)\namended by 2/1995 s 15, Sch\n1.7.1995\n\namended by 19/2016 s 5\n26.5.2016\ns 28(9)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 20(3)\n10.11.2005\ns 28(10)\ndeleted by 2/1995 Sch\n1.7.1995\nss 29 and 30\ndeleted by 105/1978 s 5\n15.2.1979\ns 31\namended by 2/1995 s 16, Sch\n1.7.1995\n\n(a) deleted by 2/1995 Sch\n1.7.1995\ns 32\namended by 2/1995 Sch\n1.7.1995\ns 32A\nsubstituted by 22/1986 s 9\n3.7.1986\ns 32A(3)\namended by 2/1995 Sch\n1.7.1995\ns 33\n\n\ns 33(1)\namended by 2/1995 Sch\n1.7.1995\ns 33(2)\namended by 2/1995 s 17, Sch\n1.7.1995\ns 33(3)\namended by 2/1995 Sch\n1.7.1995\ns 34\n\n\ns 34(1)\namended by 105/1978 s 6(a)\n15.2.1979\n\namended by 2/1995 Sch\n1.7.1995\ns 34(2)\namended by 105/1978 s 6(b)\n15.2.1979\n\ndeleted by 2/1995 Sch\n1.7.1995\ns 34(3)\namended by 105/1978 s 6(c)\n15.2.1979\n\namended by 2/1995 Sch\n1.7.1995\ns 35\n\n\ns 35(1) and (2)\namended by 2/1995 Sch\n1.7.1995\nPt 4A\n\n\ns 35A\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 21\n10.11.2005\n\nsubstituted by 25/2019 s 22\n3.10.2019\ns 35AB\ninserted by 22/1986 s 10\n3.7.1986\ns 35AB(3)\namended by 2/1995 Sch\n1.7.1995\ns 35B\ndeleted by 2/1995 Sch\n1.7.1995\ns 35C\namended by 2/1995 Sch\n1.7.1995\n\nsubstituted by 25/2019 s 23\n3.10.2019\ns 35D\ndeleted by 2/1995 Sch\n1.7.1995\nPt 5\n\n\ns 36\n\n\ns 36(1) and (2)\namended by 2/1995 Sch\n1.7.1995\ns 37\n\n\ns 37(1)\ns 37 amended and redesignated as s 37(1) by 45/2005 s 22(1), (2)\n10.11.2005\ns 37(2)\ninserted by 45/2005 s 22(2)\n10.11.2005\ns 38\ndeleted by 2/1995 Sch\n1.7.1995\n\ninserted by 45/2005 s 23\n10.11.2005\n\ndeleted by 84/2009 s 100\n1.2.2010\nss 39 and 40\namended by 2/1995 Sch\n1.7.1995\ns 41\n\n\ns 41(1)\nsubstituted by 2/1995 s 18\n1.7.1995\ns 41(1a)—(1c)\ninserted by 2/1995 s 18\n1.7.1995\ns 41(2)\namended by 63/1989 s 5\n1.1.1990\n\namended by 2/1995 Sch\n1.7.1995\ns 41A\ninserted by 99/1995 s 5\n11.4.1996\ns 42\n\n\ns 42(1)\namended by 99/1982 s 9(a)\n3.2.1983\n\namended by 2/1995 s 19(a), Sch\n1.7.1995\ns 42(2)\namended by 99/1982 s 9(b)\n3.2.1983\n\namended by 2/1995 s 19(b), Sch\n1.7.1995\ns 43\n\n\ns 43(1)\namended by 2/1995 s 20(a), Sch\n1.7.1995\n\namended by 45/2005 s 24\n10.11.2005\ns 43(2)\namended by 2/1995 s 20(b), Sch\n1.7.1995\n\namended by 45/2005 s 24\n10.11.2005\ns 43(3)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 24\n10.11.2005\ns 44\n\n\ns 44(1)\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 25\n10.11.2005\ns 44(2) and (3)\namended by 2/1995 Sch\n1.7.1995\ns 44A\namended by 2/1995 Sch\n1.7.1995\n\namended by 45/2005 s 26\n10.11.2005\ns 45\namended by 2/1995 s 21, Sch\n1.7.1995\n\namended by 45/2005 s 27\n10.11.2005\ns 46\namended by 2/1995 s 22, Sch\n1.7.1995\ns 48\ndeleted by 2/1995 Sch\n1.7.1995\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—1.7.1995\n\nReprint No 3—11.4.1996\n\n1.7.2005\n\n10.11.2005\n\n1.2.2010\n\n1.7.2015\n\n26.5.2016\n\n3.10.2019\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted in 1946 to establish a single dog-proof fence, the legislation has expanded significantly. It now covers: secondary dog fences (added later), local dog fence boards with their own borrowing powers (Part 4A added 1986), alternative funding through council contributions (section 27A added 1995), complex ownership arrangements for fence sections (section 24A), and charges on land outside the fence (section 28). The financial provisions have evolved from simple rates to a multi-layered system including differential payments, special rates, and investment powers. The Act is scheduled for repeal and replacement by the Biosecurity Act 2025."},"complexity_factors":["Multiple funding mechanisms (rates, special rates, council contributions, charges, subsidies) with different calculation methods and caps","Complex ownership rules for fences on Crown land and boundaries between properties (section 24A)","Nested definitions: 'dog fence' includes primary and secondary fences; 'inside/outside' definitions depend on which fence type is referenced","Interaction between state-level Dog Fence Board and local dog fence boards with borrowing powers subject to multiple consents","Detailed procedural requirements for recovery of debts including charges on land registration (section 41A)","Multiple penalty provisions referencing external 'Division' penalty schedules rather than stating specific amounts","Extensive amendment history (25+ amending acts since 1946) creating layered legislative text"],"plain_english_summary":"This South Australian law establishes a system to build and maintain a massive fence (the 'Dog Fence' or 'Dog Proof Fence') designed to keep wild dogs—dingoes and feral dogs—out of pastoral and farming areas.\n\n**What it does:**\n- **Establishes the Dog Fence Board**: A government body corporate that manages the fence system. It has five members representing government, livestock farmers, and regional interests.\n- **Creates the fence system**: \n  - The **primary dog fence** is the main barrier in northern South Australia.\n  - **Secondary dog fences** can be added inside the primary fence for extra protection.\n- **Funds the operation**: The Board collects money through:\n  - **Rates** (like a tax) on large landholdings inside the fence area\n  - **Special rates** for local board areas\n  - **Contributions from councils** (an alternative to direct rating)\n  - **Charges** on landholders outside the fence who benefit from the protection\n  - **Government subsidies** (dollar-for-dollar matching of rates collected)\n- **Maintains the fence**: Landowners must maintain the portion of fence on their property, inspect it every 14 days, and destroy wild dogs nearby. The Board can step in if they don't, and charge the owner for the cost.\n- **Pays landowners**: The Board pays owners up to $400 per kilometre of fence per year to help with maintenance costs, provided they actually do the work.\n- **Local boards**: Allows for local dog fence boards to be established for specific areas with special needs.\n\n**Who it affects:**\n- Pastoralists and farmers with land inside or adjacent to the dog fence areas\n- Local councils in relevant regions\n- The Dog Fence Board members and employees\n- Anyone who damages the fence or leaves gates open\n\n**Why it matters:**\nWild dogs (dingoes and feral dogs) kill livestock. This fence—one of the longest structures in the world—protects South Australia's sheep industry and other pastoral activities by creating a physical barrier. The law ensures there's a governance structure and funding mechanism to keep this critical infrastructure maintained across vast, remote areas."},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on historical knowledge of the Act, its scope has remained consistent with its original intent: regulating the construction, maintenance, and cost-sharing obligations relating to the South Australian dog fence. No scope expansion or contraction can be confirmed from the content provided, as the legislation text did not load."},"complexity_factors":["Act text was not retrievable — full analysis is impossible from the content provided","The Act is known to involve cost-apportionment mechanisms between private landowners and government, which can be technically complex","Jurisdictional specificity to South Australian pastoral land tenure adds some complexity","Despite its age (1946), the Act is narrowly scoped and deals with a single, well-defined subject matter (fence maintenance obligations)","Complexity score is conservatively low given no actual legislative text was available for review"],"plain_english_summary":"The Dog Fence Act 1946 (SA) establishes legal responsibility, cost‑sharing and enforcement for maintaining the long outback Dog Fence that protects southern pastoral land from wild dogs (including dingoes). It matters to South Australian pastoral and outback landowners along the fence line because it allocates who must repair and pay for the fence and creates powers and penalties to ensure the barrier is kept intact to protect livestock."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown from a single, operational purpose — to establish and maintain a barrier against wild dogs — into a comprehensive institutional and finance regime. Modern amendments added: a corporate Dog Fence Board with borrowing and investment powers (ss 5, 32A); recurring owner payments and detailed spending controls (s 24); multiple funding streams (rates, special rates, occupier charges, council contributions and a State subsidy) with recovery and security mechanisms (ss 25–28, 31, 41, 41A); and a framework for local dog fence boards (Part 4A). These changes significantly broadened the Act from building/maintenance rules to a standing public‑private governance and finance system involving land‑title encumbrances and ministerial discretion."},"complexity_factors":["Numerous interlocking funding mechanisms: rates (s 25), special rates (s 26), occupier charges (s 28), council contributions (s 27A), and Treasury subsidy (s 31)","Multiple decision‑makers with discretionary powers: Board, Minister, Governor, Treasurer (ss 5, 6, 18–19, 25(2), 32A, 31)","Many defined terms and operational definitions (s 4) including 'dog fence', 'inside/outside a dog fence', 'owner', 'occupier', 'wild dog'","Enforcement and security regime with debt, fines, interest/penalty, and registration of charges on land (ss 41, 41A)","Offences and graduated penalties cross‑referenced to divisional penalty table (ss 22(2), 42–46, Appendix)","Provisions for local boards with separate establishment, powers and borrowing (Part 4A: ss 35A, 35AB, 35C)","Entry and compulsory works powers combined with recovery rights and requirement for consultation (ss 20–21, 23(2))","Cross‑references to other statutes and land title systems (Crown Lands Act, Real Property Act, Public Sector (Honesty and Accountability) Act) increasing interpretive load","Many conditional clauses and exceptions (e.g. set‑offs, instalments, withholding payments, remittance on hardship) scattered across sections (ss 24(5), 24(5a), 27(3), 41(1b))","Extensive amendment history and periodic review hooks (legislative history and s 28(8))"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a statutory body called the Dog Fence Board with corporate powers to build, maintain and manage a system of dog‑proof fences in northern parts of South Australia (see ss 5, 18–19, 23).  The board can hold property, enter into agreements, borrow, receive subsidies and run a dedicated Dog Fence Fund (ss 5, 31–33, 32A).\n\n- Creates two types of fences: a primary dog fence (the main line) and optional secondary dog fences (to further restrict movement inside the primary fence). Their sites are fixed or varied by proclamation on the board's recommendation (ss 18–19).\n\n- Allocates legal responsibilities for the fences to owners and occupiers. Owners of fence sections must keep them dog‑proof, inspect them at least every 14 days and take reasonable steps to destroy wild dogs nearby (s 22). The board must ensure fences are maintained and inspected and may step in and recover costs if owners fail to do the work (s 23).\n\n- Provides a system of payments and funding: the board must pay each owner an annual maintenance amount (capped per kilometre) to help meet inspection and control obligations (s 24). To fund its activities the board can declare rates on larger holdings, levy special rates within local board areas, charge occupiers of land outside the fence based on fence frontage, and receive a Treasury subsidy matching declared rates/contributions (ss 25–28, 31).\n\n- Allows recovery and security mechanisms: rates, charges and cost recoveries are debts due to the board; unpaid amounts attract a 10% penalty and can be registered as a first charge on affected land and enforced like a mortgagee's remedy (ss 41, 41A).\n\n- Permits the board, authorised persons or government employees to enter land for inspections or to carry out fence work; it can erect or make dog‑proof fences on Crown land (ss 20–21, 23(3), 23A, 37).\n\n- Establishes offence provisions and penalties for breaches such as failing to maintain or inspect, leaving gates open, damaging or removing fence parts, supplying false statements about expenditure, and misapplying payments (ss 22(2), 42–46, 43).\n\n- Enables creation, variation and abolition of local dog fence boards with powers to manage parts of the fence and share in funding and borrowing arrangements (Part 4A: ss 35A, 35AB, 35C).\n\nWho is affected\n\n- Owners and occupiers of land on which dog fence parts stand (including Crown lessees): they hold maintenance duties, receive payments from the board (s 24), and may be rated or charged (ss 25–28, 24A).\n- Occupiers of land outside a dog fence whose land abuts the fence: they may be charged based on the length of fence adjacent to their land (s 28).\n- Councils: can be declared participating councils and required to pay a contribution (as an alternative to direct board rating) (s 27A).\n- The State (Treasurer/Minister/Governor): the Minister appoints board members (with industry nominations), the Governor proclaims fence sites, and the Treasurer provides subsidies and can advance funds or guarantee borrowings (ss 6, 18–19, 31–32A).\n- Industry bodies with nomination rights (e.g. Livestock SA and Far West Dog Fence Boards Association) — they influence board composition (s 6).\n\nWhy it matters (stated purpose and practical effects)\n\n- Stated purpose: to prevent entry and spread of wild dogs (dingoes/feral dogs) into pastoral and agricultural areas by establishing and maintaining dog‑proof fences (s 18(1); definitions in s 4).\n\n- Practical effects and mechanics to watch: the Act centralises fence governance in a board with funding powers (rates, charges, payments), inspection and enforcement powers, and the ability to put security over land for unpaid debts. It creates recurring administrative and compliance obligations for landholders (14‑day inspections, maintenance, reporting) and a mix of public and private financing (owner payments, board payments to owners, council contributions, State subsidy).\n\nCosts, incentives and trade‑offs (by reference to sections)\n\n- Who pays: ratable landholders and occupiers may pay rates (s 25) or special rates (s 26); occupiers outside the fence may pay frontage charges (s 28); participating councils may contribute instead of being rated (s 27A); the State matches declared rates/contributions by way of subsidy (s 31).\n- Who benefits and how: owners of fence sections receive an annual payment to maintain the fence (s 24). That payment is limited (not exceeding $400 per km historically in the text) and may be withheld if the board considers an owner will not carry out duties (s 24(5a)).\n- Enforcement and risk allocation: board may step in and do works and recover costs, register charges on title and enforce like a mortgagee (ss 20–21, 41, 41A). Non‑payment attracts a 10% surcharge and becomes a secured charge (s 41(1a)).\n- Compliance burden: owners must inspect every 14 days and take active steps to destroy wild dogs nearby (s 22). They must also account for how board payments are spent if asked (s 24(6)).\n- Decision‑making discretion: multiple discretionary powers sit with the board, the Minister and the Governor — e.g. defining the fence line by proclamation (ss 18–19), setting rates with Ministerial approval (s 25(2)), approving borrowing (s 32A), and treating what is 'dog‑proof' (s 4(2) delegates that opinion to the board).\n- Concentrated vs diffuse incidence: costs are concentrated on identified landholders (and on participating councils if contributions are declared) while benefits accrue to owners of fence and to pastoral/agricultural areas protected behind the fence; nomination of board members by industry groups gives organised stakeholders direct influence over decisions about fences and payments (s 6).\n\nImplementation risks and practical notes\n\n- The definition of 'dog‑proof' is fact‑dependent and left to board opinion (s 4(2)), creating operational discretion and potential disputes.\n- Financial mechanics mix user charges, local government contributions and State subsidy (ss 25–28, 31), requiring ongoing administration and periodic reviews (e.g. prescribed rates reviewed every five years under s 28(8)).\n- The board's ability to register charges on land (s 41A) gives strong leverage to recover unpaid amounts but creates an administrative interaction with land title systems (Real Property Act cross‑reference in s 41A).\n\nKey sections to check for practical compliance: duties of owners and inspection frequency (s 22), payments to owners and permitted uses (s 24), rates/charges and payment timing (ss 25–28), debt recovery and charges on land (ss 41–41A), and offences/penalties (ss 42–46).\n\n(References to sections are in parentheses throughout.)"}},"importantCases":[],"_links":{"self":"/api/acts/dog-fence-act-1946","history":"/api/acts/dog-fence-act-1946/history","analysis":"/api/acts/dog-fence-act-1946/analysis","conflicts":"/api/acts/dog-fence-act-1946/conflicts","importantCases":"/api/acts/dog-fence-act-1946/important-cases","documents":"/api/acts/dog-fence-act-1946/documents"}}