33Fencing of Wellington Park

33 Fencing of Wellington Park

(1)  Where between Wellington Park and any adjoining land there is no sufficient fence or no rabbit-proof fence, the Trust may cause –

(a) a sufficient fence or rabbit-proof fence to be erected between those lands; or

(b) any fence between those lands to be converted into a rabbit-proof fence.

(2)  Subject to this section, the Trust may recover as a debt due to it from the owner of any adjoining land half the cost reasonably incurred in erecting the fence, or converting the existing fence, as the case may be.

(3)  The Trust is not entitled under subsection (2) to recover from the owner of any land referred to in that subsection any part of the costs incurred in the erection or conversion of any fence between Wellington Park and that land unless the erection or conversion is carried out in a manner specified in a notice served by the Trust on the owner of the land at least 30 days before the commencement of the erection or conversion of the fence or in such other manner as may be agreed between the Trust and the owner of that land.

(4)  Part IV of the Boundary Fences Act 1908 applies to any dispute arising under this section as it applies to disputes arising under that Act, and for the purposes of the provisions of that Act as so applied the Trust is to be treated as the owner of Wellington Park.

(5)  Section 47 of the Boundary Fences Act 1908 applies to the service of notices under this section as it applies to the service of notices under that Act.

(6)  Words and expressions used in this section have the same meaning as they have for the purposes of the Boundary Fences Act 1908 .