Version No. 072
Fences Act 1968
No. 7733 of 1968
Version incorporating amendments as at
29 March 2021
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Short title and commencement
3Definitions
4Meaning of owner
5Meaning of reasonable inquiries
6When is a dividing fence a sufficient dividing fence?
Part 2—Contributing to fences
7General principle—owners are liable to contribute in equal proportions to a sufficient dividing fence
8Fences of a greater standard than sufficient dividing fences
9Owners who damage or destroy a dividing fence
10Circumstances where long-term tenants may be liable to contribute to fencing works
Part 3—Procedures
Division 1—Procedure for fencing works
11Meaning of adjoining owner and notifying owner in Division 1
12Owners must not undertake fencing works unless in accordance with an agreement or otherwise in accordance with this Act
13Seeking agreement to proposed fencing works under the Act—giving a fencing notice
14Owner must make reasonable inquiries to locate adjoining owner
15Additional notices where a long-term tenant may be liable to contribute
16Owners may agree on a fence line other than common boundary where waterway or other obstruction
17Procedure if adjoining owner responds but owners do not agree
18Procedure if long-term tenant responds but does not agree
19Procedure if adjoining owner has not responded or cannot be located
20Procedure if long-term tenant has not responded
21Recovering contributions from owner of adjoining land for works commenced under section 19
22Recovering contributions from long-term tenant for works commenced under section 20
Division 2—Procedure for urgent fencing works
23Urgent fencing works may be carried out
24Requiring an owner to contribute to urgent fencing works once complete
25Procedure if adjoining owner responds to urgent fencing notice but does not agree
26Procedure if adjoining owner does not respond to urgent fencing notice
Division 3—Process if common boundary not agreed
27Meaning of adjoining owner and notifying owner in Division 3
28Boundary survey notice
29Response to boundary survey notice
30Boundary survey
30AContributions to boundary survey
30BRight to file complaint in Magistrates' Court suspended while common boundary established
Part 4—Resolving fencing disputes
30COrders about fencing works
30DOrders about fencing works—long-term tenants
30EAdverse possession claims arising from fencing disputes
30FIf adjoining owner defaults on agreement or order
30GRecovery of money—landlord against long-term tenant who is liable
30HRecovery of money for a dividing fence where unalienated Crown land is first acquired
30ISubstantial failure to comply required
Part 5—General provisions
31Act not to apply to unalienated Crown lands
32Placement of rails and framing
33Right to access adjoining land to undertake fencing works
34Act not to affect agreements, other laws etc
35No entitlement to possession if fence not on common boundary because of waterways and other obstructions
36Act does not apply in certain circumstances—owners corporations
37Giving notices under this Act
38Regulations
39Transitional provisions
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 072
Fences Act 1968
No. 7733 of 1968
Version incorporating amendments as at
29 March 2021
An Act to consolidate and amend the Law relating to Dividing and Vermin-proof Fences,…