Border Fence Maintenance Regulation 2018 (NSW)

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

1Name of Regulation

This Regulation is the Border Fence Maintenance Regulation 2018.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Border Fence Maintenance Regulation 2009, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation—

the Act means the Border Fence Maintenance Act 1921.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Prescribed amount for annual rates

For the Act, section 12(1A), the prescribed amount is 7 cents per hectare.

cl 4: Subst 2023 (563), Sch 1.

5Interest on overdue rates

For the purposes of section 12A (2) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the Civil Procedure Act 2005 with respect to the payment of interest on a judgment debt.

6Rate notice

For the purposes of section 14 (1) of the Act, the prescribed form of rate notice is a form in writing that includes the following particulars—

• (a)

  the heading “Border Fence Maintenance Act 1921—Rate Notice”,

• (b)

  the notice number,

• (c)

  the date of issue of the notice,

• (d)

  the name of the person liable to pay the rate,

• (e)

  a description of the land in respect of which the rate is imposed,

• (f)

  the area (in hectares) of the land,

• (g)

  the prescribed amount per hectare per year of the rate (being the rate prescribed by clause 4),

• (h)

  the amount of the rate imposed under the notice in respect of the land,

• (i)

  the date (being at least 28 days after the notice is to be given) on which the rate is due and payable to and recoverable by the board (the due date),

• (j)

  the person or authorised deposit-taking institution to which payment of the rate may be made,

• (k)

  the interest rate that is to apply if any part of the rate is unpaid at the expiration of 12 months from the due date (being the rate prescribed by clause 5).

7Repeal

The Border Fence Maintenance Regulation 2009 is repealed.

8Savings

Any act, matter or thing that, immediately before the repeal of the Border Fence Maintenance Regulation 2009, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Border Fence Maintenance Regulation 2018 (495). LW 31.8.2018. Date of commencement, on publication on LW, cl 2. This regulation has been amended as follows—

2023 (563) Border Fence Maintenance Amendment Regulation 2023 LW 13.10.2023. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 4 Subst 2023 (563), Sch 1.