21Power to construct a fence on road to protect live fence

21 Power to construct a fence on road to protect live fence

(1)  *[Section 21 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*If the owner or occupier of any land bounded by a road desires to plant a live fence between his land and such road, and for that purpose to construct a fence upon such road until such live fence shall have grown up, he may at any time, with the consent of the proper authority having control of the road and on conditions to be prescribed by it, proceed to erect a fence on such road, so that no part of the fence shall be more than 2 metres distant from the nearest point on the boundary of his land, and that the width of the road available for traffic after the erection of the fence be in no place where the same is reduced by the construction of the fence less than 9 metres.

(2)  If such owner or occupier forthwith after such erection of the fence proceeds to plant a live fence between his land and the road, and constantly and with all proper diligence keeps, maintains, and protects from injury the live fence, he may maintain on the road the fence so erected for such time not exceeding 6 years, or such longer time as the proper authority having the control of the road may in writing allow, until the live fence becomes a sufficient fence within the meaning of this Act.