40Animal barriers on highways

40 Animal barriers on highways

(1)  In this section –

animal barrier means a fence, gate, cattle-guard, or other device designed to prevent the passage of animals or animals of any particular description;

owner, in relation to an animal barrier across a highway at a place, means the owner of the land crossed by, or adjoining, the highway at that place.

(2)  With the consent of the corporation an owner may erect an animal barrier across a country highway.

(3)  An animal barrier referred to in subsection (2) shall contain a gate of substantial character properly hung and latched and be at least 4 metres wide.

(4)  *[Section 40 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*An owner who erects an animal barrier across a country highway without the consent of the corporation or which does not comply with subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

(5)  Without prejudice to the generality of the provisions of subsection (2) , a consent under that subsection may be given for a rabbit-proof barrier, being a barrier designed to prevent the passage of rabbits along the highway.

(6)  In giving a consent under subsection (2) to the erection of an animal barrier (not being a consent expressed to be given for a rabbit-proof barrier), the corporation may determine the conditions on which the consent is granted, including conditions requiring the removal of the barrier or the restoration of its site at a specified time or before the end of a specified period.

(7)  A consent under subsection (2) expressed to be given for the erection of a rabbit-proof barrier shall be deemed to have been given on condition that the barrier is kept in good repair and that, on 3 months' notice in writing being given by the corporation to the owner, it is removed and its site made good.

(8)  The conditions on which a consent is granted under this section are binding on the owner and, if they are not complied with, the corporation may take such steps as it considers necessary for the removal of the barrier and the restoration of its site and may recover from the owner the expenses reasonably incurred in the taking of those steps.