(d)

an enclosure, a fence or a wall which does not rise higher than five feet above the
surface of the land on which it stands;

(e)

an irrigation work as defined in the law relating to irrigation;

Provided further that any permission granted under this section shall not legalize the erection of a
structure which is inconsistent with the provisions of any other law.
(2) The Executive Committee may in his discretion grant or refuse any permission mentioned in
sub-section (1) for which any person has applied and if he grants such permission, he may
prescribe the specifications to which the structure to which the permission relates, shall conform
and the manner, place and circumstances in which, and the conditions on which the structure
shall be erected.
(3) When a structure has been erected in contravention of sub-section (1), the Executive
Committee may deal with that structure and with the person who erected it or permitted its
erection, mutatis mutandis in accordance with the applicable provisions of section four.
9.

(1)

When the access to, or exit from, a trunk, main or building restriction road situated
wholly outside an urban area and wholly outside a township, is barred by a lawfully
constructed fence, wall, hedge, trench, ditch or similar obstacle, or beacons of stone,
concrete, iron or other permanent material along or near the boundary of the road
reserve, no person shall be entitled to gain access to or exit from any land through,
under or over that fence, wall, hedge, trench, ditch or other obstacle by means of a
gate, bridge, stile, road or other passage, unless the Executive Committee has
authorized in writing the construction of the gate, bridge, stile, road or other passage in
question: Provided that the provisions of this section shall not apply to any lawfully
constructed gate, bridge, stile, road or other passage which existed and was in use at
the coming into operation of this Ordinance and which was at no time thereafter closed
or removed: Provided further that the Executive Committee shall not withhold his
authorization for the construction of any such gate, bridge, stile, road or other passage
as aforesaid, which is necessary to give access to, or exit from, a piece of land to
which, or from which, no other reasonable access or exit is available or can be made
available at reasonable expense, or if-

(a)

a land surveyor surveyed the said piece of land and lodged a diagram thereof with the
Surveyor-General before the coming into operation of this Ordinance or before the
date of erection of the fence, wall, hedge, trench, ditch or other obstacle in question;
and

(b)

before the said date, a person other than the owner of any land of which the firstmentioned piece of land may have formed a portion at the time when the said survey
and diagram were made, acquired, or entered into an agreement to acquire, the
ownership of the piece of land or hired that piece of land on a registered lease for a
period of not less than ten years.

(2) In granting the authorization mentioned in subsection (1) the Executive Committee may
prescribe the nature of the gate, bridge, stile, road or other passage in question and the place
where and the manner in which it shall be constructed and may impose such other conditions in
connection with it or its use, as he may deem necessary, and if any requirement prescribed or
condition imposed in such authorization is not observed, he may withdraw his authorization.

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