Biosecurity Bill

Final Stages

The House of Assembly agreed to the bill with the amendment indicated by the following schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council:

No. 1—Page 171, after line 23, insert schedule:

Schedule 2-Dog Fence Board

Part I—Preliminary

1—Interpretation

(1) In this Part, unless the contrary intention appears—

board means the Dog Fence Board;

Crown land means Crown land as defined in the Crown Land Management Act 2009;

dog fence means the primary dog fence, or a secondary dog fence, established under this Act or the repealed Act;

inside a dog fence means—

(a) in relation to the primary dog fence-land that is within the portion of the State bounded by the primary dog fence, the eastern border of the State and the coast of the State; or

(b) in any other case-land within the State to which entry by wild dogs is further restricted by a secondary dog fence;

local board means a local dog fence board established under Part 5;

outside a dog fence means—

(a) in relation to the primary dog fence-land that is outside the portion of the State bounded by the primary dog fence, the eastern border of the State and the coast of the State; or

(b) in any other case-land within the State outside of an area to which entry by wild dogs is further restricted by a secondary dog fence;

primary dog fence—see clause 9;

ratable land means ratable land under clause 18;

repealed Act means the Dog Fence Act 1946;

secondary dog fence means a dog fence other than the primary dog fence;

wild dog means—

(a) a dingo or a dog that is any cross of a dingo; or

(b) a feral dog.

(2) For the purposes of this Schedule, a fence is dog-proof if, in the opinion of the board, it is so constructed and maintained so as to provide an effective barrier against the movement of wild dogs.

Part 2—Dog Fence Board

2—Members of board

(1) The board consists of not less than 5 and not more than 7 members appointed by the Minister of whom—

(a) 1 will be a person nominated by the Minister; and

(b) 3 will be persons nominated by Livestock SA Incorporated, subject to the following requirements:

(i) each person must be an occupier of ratable land;

(ii) at least 1 person must be an occupier of ratable land located in an area on the western side of the State identified by the regulations for the purposes of this provision; and

(c) 1 will be a person nominated by the Minister responsible for the administration of the Landscape South Australia Act 2019, being an occupier of ratable land but not a Public Service employee; and

(d) if the Minister so determines, 1 or 2 additional persons nominated by the Minister.

(2) The Minister must appoint a member of the board as the board's presiding member.

(3) If a nominating body referred to in subclause (1) fails to make a nomination within 60 days of being requested by the Minister to make the nomination, the Minister may appoint a person to the relevant position.

(4) The appointment of a member must be notified in a manner determined by the Minister and will take effect from the date specified in the notification.

(5) In this clause—

occupier of ratable land means—

(a) an occupier of land that is ratable land under clause I 8; or

(b) an occupier of land in relation to which a contribution has been declared under clause 2 I to be payable for the current financial year,

and includes a shareholder of a company that is an occupier of land referred to paragraph (a) or (b).

3—Term of office

(1) Except as provided under this Act, a member of the board will hold office for a term, not exceeding 4 years, specified in the instrument of appointment.

(2) A member of the board is, at the expiration of a term of office, eligible for reappointment.

(3) A retiring member who is not reappointed will hold office until their successor is appointed.

4—Remuneration

The remuneration payable to a member of the board under Schedule 1 Part 2 clause 3 is payable from the funds of the board.

5—Conflict of interest

A member of the board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter shared in common with those engaged in or associated with animal or plant control generally or primary industry generally, or a substantial section of those engaged in or associated with animal or plant control or primary industry.

6—Removal from office and vacancies

(1) The Minister may remove a member of the board from office—

(a) for breach of, or non-compliance with, a condition of office; or

(b) for mental or physical incapacity to carry out duties of office satisfactorily; or

(c) for serious misconduct which, in the opinion of the Minister, makes it undesirable that the person should remain a member of the Board; or

(d) if serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the Minister considers the board should be reconstituted for that reason.

(2) The office of a member of the board becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice addressed to the Minister; or

(d) is found guilty of an indictable offence; or

(e) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

(f) is absent from 3 consecutive ordinary meetings of the board without leave of the Minister; or

(g) is removed from office by the Minister under subclause (1).

(3) In the event of a vacancy in the office of a member of the board, the Minister may take steps to fill the vacancy.

7—Meetings

The board must meet at least 4 times in each calendar year.

8—Staff

(1) The board may appoint a secretary and such other employees as are necessary for the purposes of the board as such remuneration as the board from time to time fixes.

(2) An employee of the board is not a Public Service employee.

(3) Schedule 1 Part 3 clause 7(1) and (2) do not apply in relation to the staff of the board.

(4) Without limiting any other provision, an arrangement under Schedule 1 Part 3 clause 7(3) may provide measures or proceedings for the recovery of rates or charges under this Schedule may be taken on behalf of the board by staff of a government department, agency or authority and measures or proceedings so taken will be presumed to have been taken by the board.

Part 3—Provisions as to dog fences

9—Primary dog fence

(1) A dog-proof fence known as the primary dog fence must continue to be maintained in the northern areas of the State for the purpose of preventing the entry of wild dogs into the pastoral and agricultural areas of the State.

(2) The Minister may, by notice made on the recommendation of the board, declare that a fence, or the site of a fence, is the primary dog fence, or the site of the primary dog fence.

(3) The Minister may, by notice made on the recommendation of the board—

(a) vary a notice previously made under this clause;

(b) without limiting paragraph (a), authorise the alteration, moving or removal of a part of the primary dog fence.

(4) The Minister must, before making a notice under this clause, consult with an owner of part of the fence, and any separate occupier of the land, to which the notice relates (to the extent determined by the Minister).

(5) The Minister must ensure that a notice under this clause is published in a manner determined by the Minister.

10—Secondary dog fences

(I) For the purpose of further restricting the movement of wild dogs within the pastoral and agricultural areas of the State, further dog proof fences (secondary dog fences) may be established and maintained in the area inside the primary dog fence.

(2) The Minister may, by notice made on the recommendation of the board, declare that a fence, or the site of a fence, is a secondary dog fence, or the site of a secondary dog fence.

(3) The Minister may, by notice made on the recommendation of the board—

(a) vary or revoke a notice previously made under this clause;

(b) without limiting paragraph (a), authorise the alteration, moving or removal of a secondary dog fence, or part of a secondary dog fence.

(4) The Minister must, before making a notice under this clause, consult with an owner of the fence or part of the fence, and any separate occupier of the land, to which the notice relates (to the extent determined by the Minister).

(5) The Minister must ensure that a notice under this clause is published in a manner determined by the Minister.

11—Construction work

(1) If, in order to—

(a) construct, move or complete a portion of a dog fence, it is necessary to move or complete a fence on any land; or

(b) make dog-proof a pa11 of a dog fence situated on land, it is necessary that the fence be altered for that purpose,

the board may, by notice given to the owner of the fence or the occupier of the land, require the owner to alter the fence or the occupier to construct, move or complete a fence (as the case may be), within the time and in accordance with the directions specified in the notice.

(2) If a person (the liable person) fails to comply with a notice under subclause (1), a person authorised by the board may enter land and carry out the work required by the notice.

(3) The board may charge the liable person for the reasonable costs and expenses incurred by the board in taking action as provided by subclause (2).

(4) The amount payable to the board is a debt due to the board.

(5) The board must not issue a notice under subclause (I) except after consultation with the owner of the fence or an occupier of the land (as the case may require).

12—General authorisation

(1) The board may carry out work, or approve the carrying out of work, for the purposes of this Part.

(2) The board may enter into an agreement for contributions to be made to the board, or by the board, towards the cost of work carried out under subclause (1).

(3) If—

a) the board carries out work to alter or replace an existing part of a dog fence with another fence that would, as part of a dog fence, be under the same ownership; and

(b) the fence to be altered or replaced is in disrepair and, in the opinion of the board, in such a condition, or on such land, that it is not reasonably practicable to make it good as dog­ proof fencing,

the board may recover the cost of the work from the owner of the existing part of a dog fence as a debt due to the board by the owner.

13—Duty of owner to maintain dog fence and destroy wild dogs

(1) The owner of any part of a dog fence—

(a) must at all times keep it in a dog-proof condition and properly maintained as a dog­ proof fence; and

(b) must, for the purpose of keeping it in that condition and so maintained, cause it to be inspected at intervals of not more than 14 days; and

(c) must take all reasonable steps to destroy all wild dogs in the vicinity of the part of a dog fence owned by the owner by shooting or trapping the dogs or by laying poisoned baits for them; and

(d) must take any other action, or comply with any other requirement, prescribed by the regulations.

(2) An owner of any part of a dog fence who fails to comply with subclause (1) is guilty of an offence.

Maximum penalty: $10,000.

(3) If the board is satisfied that an owner of any part of a dog fence has failed to comply with subclause (1), a person authorised by the board may enter land and carry out the necessary work for the purpose of—

(a) maintaining or inspecting the dog fence; or

(b) making the dog fence dog-proof; or

(c) destroying wild dogs in the vicinity of the dog fence.

(4) The board may charge the owner for the reasonable costs and expenses incurred by the board in taking action as provided by subclause (3).

(5) The amount payable to the board is a debt due to the board.

14—Powers and duties of board as to dog fences

(1) The board has the following powers and duties with respect to dog fences:

(a) the board must ensure that all dog fences are properly maintained and are at all times dog-proof;

(b) the board must ensure that dog fences are properly inspected;

(c) the board must ensure that wild dogs are destroyed in the vicinity of a dog fence by the owners of the dog fence.

(2) For the purposes of this clause, a person authorised by the board may, at any reasonable time, enter and remain on land on which a dog fence is substituted.

15—Dog fences on Crown land

(1) The board may—

(a) for the purpose of completing or replacing a portion of a dog fence, erect a fence on any Crown land; or

(b) make dog-proof any fence on Crown land; or

(c) maintain a fence on Crown land.

(2) The board may, for the purpose of carrying out any work authorised under this clause—

(a) authorise a person, at any reasonable time, to enter and remain on Crown land;

(b) enter into any arrangement with the occupier of Crown land.

16—Payments to owners of dog fences

(1) The board must, in each financial year, pay to each owner of part of a dog fence an amount, not exceeding a prescribed amount of each kilometre of fence, to enable the owner to maintain and inspect that part of the fence and to destroy wild dogs in the vicinity of that part of the fence.

(2) For the purpose of determining the amount to be paid under subclause (1), the board may fix differential rates of payment in respect of different parts of a fence.

(3) If any part of a dog fence is owned jointly by 2 or more owners, the board must pay the amount referred to in subclause (1) to such owners as the board is satisfied will undertake the liability of carrying out the work referred to in that subclause, and the board may require the joint owners to enter into an agreement relating to that liability.

(4) Subclause (3) does not derogate from clause 13 or 14.

(5) An amount paid to an owner must be applied by the owner for the purpose of the maintenance and inspection of a fence and the destruction of wild dogs in the vicinity of the fence.

(6) With the consent in writing of the board, the owner may apply any such amount or any part of it for the payment of interest payable in respect of any capital liability incurred by the owner in respect of a fence.

(7) A consent may be given under subclause (6) for a period and on conditions fixed by the board.

(8) The board may pay an amount payable under this clause in instalments.

(9) An amount paid to an owner under this clause must be applied during the financial year in respect of which it is paid or during such other period as may be directed in writing by the board and in accordance with any other directions in writing given by the board at the time of payment to the owner.

(10) If an amount is payable to the board by the owner, that amount must be set off against any amount payable to the owner under this clause.

(11) If satisfied that an owner will not properly carry out the duties imposed on the owner under this Schedule, the board may refuse to pay to the owner the balance of the amount payable to the owner under this clause or any other amount payable to the owner under this clause.

(12) The board may, by notice in writing given to an owner to whom an amount is paid under this clause, require the owner to supply to the board within the time specified in the notice a statement in writing showing how any amounts so paid have been expended during the period specified in the notice and during the financial year in which the notice is given or during the preceding financial year.

(13) A person who fails to apply an amount in accordance with subclause (5) is guilty of an offence. Maximum penalty: $10,000.

(14) A person who fails to comply with a requirement under subclause (12) within the period specified in the notice is guilty of an offence.

Maximum penalty: $5,000.

17—Ownership of dog fences

(I) Subject to subclause (2), if part of a dog fence stands or is erected or constructed on land comprised in a Crown lease, the lessee of the land under the lease will, for the purposes of this Part, be taken to be the owner of such part of the fence on that land as is not vested in a local board.

(2) If a dog fence divides contiguous land of adjoining owners, the owner of the land inside the dog fence will, for the purposes of this Part, be taken to be—

(a) the owner of the land on which that part of the fence is situated; and

(b) the owner of so much of that part of the fence as is not vested in a local board.

(3) If a part of a dog fence adjoins the area in relation to which a local board is established, the ownership of that part of the dog fence is vested in that local board.

(4) However, the Minister may, by instrument made on the recommendation of the board and with the agreement of the relevant owner of the land—

(a) where subclause (3) applies-vest the ownership any part of the fence vested by that subclause in the owner of the land on which the fence is situated, or in the board; or

(b) in any other case-vest the ownership of any part of a dog fence in the board.

(5) The Minister may, by subsequent instrument made on the recommendation of the board, revest any part of the fence vested by subclause (4) in a local board or any other person.

Part 4—Financial provisions 18-Rates on ratable land

(I) The board may, by notice published in the Gazette, declare that any holding of more than 10 square kilometres of land that is situated within an area inside a dog fence specified in the notice is ratable land and, by further notice, amend or vary that notice.

(2) The board may, with the approval of the Minister, by notice published in the Gazette, declare in respect of each financial year—

(a) a rate on ratable land; and

(b) a minimum amount payable by way of rates.

(3) The rate must be expressed as an amount per square kilometre of ratable land, not exceeding the prescribed amount per square kilometre.

(4) If the amount of rate payable by a person would be less than the minimum amount for the time being declared under this clause, the amount payable by the person is the minimum amount.

(5) In this clause—

holding includes 2 or more parcels of land that—

(a) are used as a single enterprise; and

(b) are occupied by the same person or persons, whether or not the parcels of land are contiguous.

19—Special rate in respect of local board areas

(1) The board may, by notice published in the Gazette, in respect of each financial year, declare a special rate on any holding of more than 100 hectares that is situated within an area in relation to which a local board is established.

(2) The special rate must, unless the Minister and each occupier of land on which the special rate is declared agree otherwise, be expressed as an amount per square kilometre of the land on which it is declared, not exceeding the prescribed amount per square kilometre.

(3) The amount collected or recovered by the board in consequence of the declaration of a special rate under this clause, less the cost to the board of collection and recovery of that amount, must be paid to the local board.

20—Payment and recovery of rates and special rates

(1) The board must, as soon as practicable after the declaration of a rate or special rate under this Part, serve on the occupier of ratable land or on the occupier of land on which the special rate is declared, as the case may be, a notice stating the amount the occupier is liable to pay by way of rates or special rates, as the case may be.

(2) Subject to subclause (3), the amount of the rate or special rate is due and payable on the expiration of 28 days from the day on which the notice is served under subclause (1).

(3) The board may, in such cases and with such conditions as it thinks fit, extend the time for payment of a rate or special rate.

(4) A rate or special rate imposed under this Part is, when it becomes due and payable, a debt due to the board and may be recovered by the board in a court of competent jurisdiction.

21—Contributions by councils as alternative to rating by board

(1) Subject to subclause (2), the board may, with the approval of the Minister and the Treasurer and after consultation with the Local Government Association of South Australia, by notice published in the Gazette—

(a) declare a council, other than a council whose area is comprised of or includes ratable land under clause 18, to be a participating council for the purposes of this clause; and

(b) before 31 December in any year, declare that a contribution for the next financial year must be paid to the board by each participating council consisting of—

(i) in respect of the portion of the council area that is rural land-a specified percentage, not exceeding 1%, of the general rate revenue to be derived by the council for that next financial year in respect of that rural land; and

(ii) in respect of the portion of the council area that is urban land-a specified percentage, not exceeding 0.25%, of the general rate revenue to be derived by the council for that next financial year in respect of that urban land.

(2) A declaration may only be made under subclause (1) in relation to a council if-

(a) the board has taken action in the area of the council (other than action involving the construction or maintenance of an effective barrier against the movement of wiId dogs) either—

(i) pursuant to clause 13(3) on the basis that the owner of any part of a dog fence has failed to comply with clause 13(l)(c) or 13(1)(d); or

(ii) to deal with an emergency related to movement of wild dogs; and

(b) the board is satisfied that the rates levied under the other provisions of this Part are insufficient or will be insufficient to defray the board's costs of taking such action; and

(c) any contribution to be paid pursuant to the declaration is calculated to defray no more than those costs referred to in paragraph (b).

(3) The board may, by further notice published in the Gazette, amend or vary a notice under subclause (1).

(4) Subclause (2) applies to the amendment or variation of a notice in the same way as it applies to a notice making a declaration under subclause (1).

(5) The board must cause notice in writing of a declaration under subclause (1)(b) to be served on each council to which it applies not later than 31 December of the year in which the declaration is made.

(6) A council to which a declaration under subclause (1)(6) applies must pay the contribution specified in the declaration to the board for the credit of the Dog Fence Fund not later than 31 May in the financial year next following the making of the declaration.

(7) In this clause—

rural land means land that is ratable land under the Local Government Act 1999 and does not lie within a municipality or township within the meaning of that Act;

urban land means land that is ratable land under the Local Government Act 1999 and lies within a municipality or township within the meaning of that Act.

22—Charge payable by occupiers of land outside dog fence

(1) This clause applies to land of 1 occupier, being land situated outside a dog fence, that is divided from land of another occupier by the dog fence.

(2) The board may levy a charge on the occupier of land to which this clause applies in respect of any financial year.

(3) The charge must be calculated by multiplying the length of that part of a dog fence that is adjacent to the occupier's land, expressed in kilometres, by a rate determined by the board.

(4) The rate must not exceed the prescribed amount per kilometre.

(5) The board must—

(a) before it changes the rate under this clause-consult with Livestock SA Incorporated and obtain the approval of the Minister; and

(b) if it has approval to change the rate-declare the new rate by notice published in the Gazette.

(6) The charge may be imposed by notice served on the occupier of land.

(7) Subject to subclause (8), the amount of a charge under this clause is due and payable on a day specified in the notice of the charge (which must be at least 28 days from the day on which the is served on an occupier of land).

(8) The board may, in such cases and with such conditions as it thinks fit, extend the time for payment of a charge under this clause.

(9) A charge under this clause is, when it becomes due and payable, a debt due to the board and may be recovered by the board in a court of competent jurisdiction.

(10) Amounts received by the board under this clause must be paid to the owners of those parts of a dog fence that are contiguous to land occupied by persons against whom the charges are levied.

(11) Payments under subclause (10) must be proportioned amongst the owners according to the length of dog fence that divides their land from the land occupied by the persons charged under this clause, and are in addition to other payments that may be made by the board under other provisions of this Schedule.

23—Subsidies

The Treasurer must, out of money to be provided by Parliament for the purpose, as soon as practicable after the commencement of each financial year, pay to the board—

(a) a subsidy at the rate of $1 for every dollar of the rates and contributions by councils declared by the board for each such financial year and payable in respect of each such financial year; and

(b) a subsidy, at the rate of $1 for every dollar paid, or to be paid, in a particular financial year to the board from a fund under the Primary Industry Funding Schemes Act 1998 that is prescribed by the regulations for the purposes of this paragraph.

24—Borrowing and investment powers of board

(1) The board may, for the purposes of this Schedule, borrow money from the Treasurer or, with the consent of the Treasurer, from any other person.

(2) Liabilities incurred by the board under subclause (1) with the consent of the Treasurer are guaranteed by the Treasurer.

(3) A liability of the Treasurer under a guarantee arising by virtue of subclause (2) is to be satisfied out of the Consolidated Account which is appropriated by this clause to the necessary extent.

(4) Any money of the board that is not immediately required for the purposes of this Schedule may be invested in such manner as the Treasurer may approved.

25—Dog Fence Fund

(1) The money of the board is to be held by the Treasurer in a fund called the Dog Fence Fund.

(2) The fund will consist of—

(a) money received by the board as rates or contributions by councils; and

(b) money paid to the board as a subsidy on rates or contributions by councils declared by the board and

(c) any other money received by the board.

(3) The fund may be expended by the board for purposes associated with—

(a) the administration of this Schedule; or

(b) the operations of the board under this Act; or

(c) any other matter approved by the Treasurer.

Part 5—Local dog fence boards

26—Establishment of local dog fence boards

(I) The Minister may, on the recommendation of the board, by notice in the Gazette, establish a local dog fence board.

(2) A local dog fence board is established for the purpose of defraying the cost of erecting and maintaining part of a dog fence, or a fence that the board proposes to substitute as part of a dog fence instead of an existing part.

(3) A local dog fence board will be constituted by persons specified in the notice.

(4) A local dog fence board will have the powers and duties specified in the notice.

(5) The Minister may, on the recommendation of the board, by further notice in the Gazette—

(a) alter the constitution, or the powers or duties, of a local dog fence board; or

(b) abolish a local dog fence board and make provision for incidental matters.

27—Borrowing and investment powers of local dog fence boards

(1) A local board may, for the purposes of this Schedule, with the consent of the board—

(a) borrow money from the Treasurer; or

(b) borrow money, with the additional consent of the Treasurer, from any other person.

(2) Liabilities incurred by a local board under subclause (1) with the consent of the Treasurer are guaranteed by the Treasurer.

(3) A liability of the Treasurer under a guarantee arising by virtue of subclause (2) is to be satisfied out of the Consolidated Account which is appropriated by this clause to the necessary extent.

(4) Any money of a local board that is not immediately required for the purposes of this Schedule may be invested in such manner as the Treasurer may approved.

Part 6—Related matters 28-Inspection of fences

(I) The Minister may arrange for the inspection of a dog fence by a Public Service employee at such intervals as are determined by the Minister on the recommendation of the board.

(2) For the purposes of subclause (I), a Public Service employee may enter land and remain on land on which the fence is situated.

29—Effect of notice

If a notice required to be given under this Schedule by the board is given to an occupier or to the owner of a fence, that notice will be taken to have been given to any successor in occupation or ownership of that occupier or owner.

30—Recovery of amounts payable to board

(1) If the board is empowered to recover the cost of any work from a person under this Schedule, the board must first serve notice on the person of the amount of the cost and the amount becomes due and payable on the expiration of 28 days from the day on which the notice is so served.

(2) If an amount is due and payable by a person to the board under this Schedule, the following provisions apply:

(a) the person will, if the amount is not paid to the board within 28 days after the day on which the amount became due and payable, be liable to pay, in addition, a fine of 10% on the amount unpaid by the person;

(b) any such fine may be recovered (together with the amount to which the fine relates as a debt due to the board by action in a competent jurisdiction;

(c) the amount together with any such fine is until paid—

(i) in the case of an amount payable for the cost of work carried out in respect of a fence-a first charge in favour of the board on the land of which that person is owner adjoining the fence or on which the fence is situated; or

(ii) in any other case-a first charge in favour of the board on the land in respect of which the amount is payable.

(3) The board may, in its discretion, on grounds of hardship or otherwise, remit the whole or a part of an amount payable to the board under this Act, or postpone payment or allow payment by instalments.

(4) In any legal proceedings, an apparently genuine document purporting to be executed by the board and certifying as to any amount payable to the board by a person under this Act is, in the absence of proof to the contrary, to be accepted as proof of the matters so certified.

(5) If an amount is payable to the board by a local board, that amount is to be set off against any amount payable to the local board by way of rates collected or recovered for that local board by the board under this Schedule.

(6) Unless the board otherwise determines, any fee or duty payable by the board in connection with a charge under this section—

(a) will be recoverable by the board from the person whose land is subject to the charge; and

(b) will be added to the amount to which the charge relates.

31—Penalty for damaging or removing a dog fence

(1) A person who, without lawful excuse, damages or does any act or makes any omission of such a nature as to be likely to cause damage to, any part of a dog fence is, whether or not the person is the owner of that part of the fence, guilty of an offence.

Maximum penalty: $10,000.

(2) A person who, without the consent in writing of the board—

(a) removes any part of a dog fence; or

(b) does any act whereby any part of a dog fence ceases to be dog-proof,

is, whether or not the person is the owner of that part of the fence, guilty of an offence. Maximum penalty: $10,000.

(3) On the conviction of a person for an offence involving the removal of or any damage to any part of a dog fence, the court may, if the convicted person is not the person responsible for the maintenance of that part of the fence, in addition to or in lieu of any penalty that may be imposed under this clause, order the convicted person to pay to the person so responsible such sum as the court thinks appropriate as compensation for the removal or damage.

(4) For the purposes of this clause, a gate or ramp pertaining to a dog fence will be taken to be part of the dog fence.

32—Leaving gate open

A person who—

(a) passing through a gateway in a dog fence leaves the gate open; or

(b) opens and leaves open a gate in a dog fence, is guilty of an offence.

Maximum penalty: $5,000.

33—Schedule not to be subject to exemptions

An exemption under section 305 cannot be conferred in relation to this Schedule.