Fences Act 1975 (SA)

South Australia

Fences Act 1975

An Act to provide for the erection, replacement, repair and maintenance of fences; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Fences Act 1975.

1. (2)

   Any proceedings commenced pursuant to the repealed Act may be continued and completed subject to and in accordance with the provisions of that Act in all respects as if this Act had not been enacted.

2. (3)

   Section 10A and section 11 of the repealed Act shall continue to apply in relation to a dividing fence constructed prior to the commencement of this Act, and any rights that have accrued to any person pursuant to either of those sections, whether before or after the commencement of this Act, may be pursued by him subject to and in accordance with the provisions of the repealed Act.

1. (1)

   In this Act, unless the contrary intention appears—

adjoining owners means the owners of contiguous land;

cost in relation to fencing work—

1. (a)

   includes the cost of any survey that is reasonably required for the purposes of the fencing work; and

2. (b)

   includes the cost of any work reasonably required to facilitate the performance of the fencing work; and

3. (c)

   where an adjoining owner has done, or proposes to do, any of the work personally, includes a reasonable allowance for his labour;

council means a municipal or district council and includes any body corporate that is, by virtue of any Act, deemed to be, or vested with the powers of, a municipal or district council;

court means the Magistrates Court;

Crown lands means Crown lands within the meaning of the Crown Lands Act;

dividing fence means a fence dividing contiguous land of adjoining owners;

fencing work means the erection of a new dividing fence, or replacement, repair or maintenance work in relation to an existing dividing fence;

owner—

1. (a)

   in relation to land alienated from the Crown by grant, means the proprietor at law or in equity of—

   1. (i)

      an estate of fee simple in the land; or

   2. (ii)

      a life estate in the land; and

2. (b)

   in relation to land of the Crown subject to an agreement for sale, or a right of purchase, means the person entitled to the benefit of that agreement or right of purchase; and

3. (c)

   in relation to land held of the Crown under a lease, means the lessee; and

4. (d)

   in relation to land held of the Crown under a licence, the term of which exceeds twelve months, means the licensee,

and includes an occupier of land who, with the consent of the owner, carries out, or proposes to carry out, fencing work in relation to the land;

proponent and adjoining owner mean, respectively—

1. (a)

   the owner of land who proposes to erect a fence dividing his land from contiguous land, or to perform replacement, repair, or maintenance work in relation to such a fence; and

2. (b)