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Fencing Act 1904 (No. 7 of 1904).

Document type
Long title
An Act to regulate the erection and maintenance of dividing fences.
Animal welfare Quarantine Pests/diseases Animal health
Geographical area
Africa, Landlocked Developing Nations, Southern Africa
Entry into force notes
The Act commenced on 30 January 1904.

The Act establishes the procedure to be followed for the erection of fences or for the recognition of existing fences. Further provisions concern (a) the cost of erection and repair of fence and the conditions for their recovery; (b) enforcement of quarantine measures in case of unfenced holdings; (c) erection of fence in case of joint ownership of portions of the same farm. Part III contains provisions applicable throughout Swaziland concerning among other matters: (a) clearing of bush for the purpose of erecting fence; (b) ditch-and-bank fence; (c) access to surveyors and inspectors; (d) jurisdiction of magistrate's courts. Part IV concerns offences and penalties. With specific regard to animal protection, particular attention should be paid to article 18 which reads as follows: "If the stock of any class on a holding within an area to which this Part has been applied are declared to be infected with any infectious or contagious disease by the proper authority appointed in that behalf, then the stock of that class (or of any class which is declared to be capable of carrying such infection) on any holding adjoining or separated from such first-mentioned holding only by a road or outspan or other unfenced holding, shall be subject to the same regulations as to quarantine as the stock on such first-mentioned holding, unless such adjoining holding is surrounded by a fence which is stockproof in respect of such class or classes of stock".

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