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)](#GS40@Gs2@EN) 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)](#GS40@Gs3@EN) 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)](#GS40@Gs2@EN) , 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)](#GS40@Gs2@EN) 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)](#GS40@Gs2@EN) 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. > > > (9)  Where by the direction of a Minister an animal barrier has been erected at a place across a road constructed by the direction of a Minister, the corporation shall, if that road becomes a local highway maintainable by the corporation, take such steps as are necessary to ensure that that animal barrier, or an animal barrier no less effective, is maintained across the road at that place and kept in proper repair. > > > (10)  Where the corporation fails to take any steps that it is required to take under [subsection (9)](#GS40@Gs9@EN) in respect of an animal barrier, the Minister may take those steps and may recover from the corporation the expenses reasonably incurred in the taking of those steps. > > > (11)  Where an animal barrier that is erected across a highway pursuant to a consent given under [subsection (2)](#GS40@Gs2@EN) or that is required to be maintained under [subsection (9)](#GS40@Gs9@EN) comprises or includes a gate and that gate – > > > > > > (a) complies with [subsection (3)](#GS40@Gs3@EN) and is in good repair; and > > > > > > > (b) has painted on it the words "Shut this gate", followed by words indicating the maximum penalty that may be imposed for an offence under this subsection – > > > > a person who fails to shut and fasten the gate after passing through it or who having opened it leaves it open is guilty of an offence. > > > (12)  *\[Section 40 Subsection (12) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person who is guilty of an offence under [subsection (11)](#GS40@Gs11@EN) is liable on summary conviction to a penalty of an amount not exceeding that indicated on the gate, being an amount not exceeding – > > > > > > (a) the sum of 2 penalty units, in the case of a gate erected pursuant to a consent expressed to be given for the erection of a rabbit-proof barrier that has distinctly painted on it the words "Rabbit-proof gate"; and > > > > > > > (b) the sum of 0·5 penalty unit, in any other case.