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Animal Diseases Act, 1984 (Act No. 35 of 1984)

18. Fences

 

(1)
(a) The director may for any controlled purpose or, in order to control in connection therewith the movement, removal or transport of animals, erect permanent fences along, on or across public or private roads or along the boundaries of any land, and temporary fences on or across any land, and may install gates, grids or other passages in any such fence.
(b) The director shall maintain fences erected and passages installed under paragraph (a), and may from time to time effect such alterations thereto as he may deem necessary.

 

(2) The director may on any land build, rebuild, repair and maintain roads giving access to, or which are necessary in connection with the erection, maintenance and alteration of, any fence referred to in subsection (1), and may construct thereon any bridge, causeway, culvert or drift which is necessary for the use or maintenance of any such road.

 

(3) The director may for the purposes contemplated in subsections (1), (2) and (6), after notice to an owner or manager of relevant land —
(a) enter upon and occupy the land, and take with him such assistants or officers and conveyances, tents, material, tools and other things as he considers necessary;
(b) pitch a temporary camp on any suitable place on the land; and
(c) subject to subsection (4), dig out or take and remove sand, soil, clay, gravel, stone, water, wood or other material which he requires from any place on the relevant land or on any nearby land on which it is available.

 

(4) The director may, on submission to him of a written application, pay to the relevant owner or manager, on a basis determined by the director, reasonable compensation for the use of any material referred to in section (3)(c), or may, where he is of opinion that any such payment is under the particular circumstances not justified, refuse any such application.

 

(5)
(a) Where the director is of opinion that the erection of a fence or the building of a road referred to in subsections (1) and (2), respectively, or any passage in respect of such fence or bridge, causeway, culvert or drift in respect of such road, or any alteration, repair or maintenance thereof, will be of advantage to an owner or manager of relevant land, the director may recover any portion of the relevant costs determined, subject to paragraph (b), by him, from the owner or manager.
(b) Any amount recoverable in terms of paragraph (a), shall be determined by the director on any basis deemed fit by him, and the director shall notify the owner or manager in writing of the amount so recoverable and of the basis on which it was calculated.

 

(6) The director may, with the concurrence of the Minister of Finance, remove, wholly or partially, any fence erected under section (1)(a) which is no longer used or suitable for the purposes for which it was erected, and sell or otherwise dispose of it in any manner deemed fit by him and on the conditions determined by him, for the benefit of the State.

 

(7) No person shall—
(a) without the written authority of the director, remove, alter or impair in efficacy any fence which has been erected under subsection (1), or any gate, grid or passage installed therein; or
(b) alter, obstruct or damage any road which has been built under subsection (2), or any bridge, causeway, culvert or drift constructed thereon.

 

(8) For the purposes of the provisions of subsection (1)(a) and (b) regarding the installation of gates, grids and passages in, and the effecting of alterations to, fences, and the provisions of subsections (3), (4), (5) and (7)(a) in so far as they relate to fences, any fence which has been erected on the international boundaries of the Republic, shall be deemed to be a fence erected under subsection (1)(a) for a controlled purpose.