58Fencing of adjoining land

58 Fencing of adjoining land

(1)  [Section 58 Subsection (1) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001] Where–

(a) an acquiring authority or a person authorized by an acquiring authority enters on, or into possession of, any land taken or being taken under this Act; and

(b) the owner or former owner of that land owns other land adjoining that land; and

(c) it is necessary for the protection of that owner's or former owner's property that that land should be fenced where it is contiguous with that other land–

the authority or, in the case of a major infrastructure project, the proponent of that project must erect a fence that provides that protection.

(2)  [Section 58 Subsection (2) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001] [Section 58 Subsection (2) amended by No. 19 of 2001, s. 11, Applied:12 Apr 2001] If an acquiring authority or, in the case of a major infrastructure project, the proponent of that project and an owner of land cannot agree in relation to–

(a) the necessity for a fence; or

(b) the type or length of fence necessary–

the acquiring authority or the proponent, as the case may be, must apply to the Court for a determination of the matter.