Fences Regulations 2024 (Vic)
Version No. 001
Fences Regulations 2024
S.R. No. 84/2024
Version as at
15 September 2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Revocation
5Definition
6Fencing notice
7Notice from notifying owner to long-term tenant
8Notice from adjoining owner to long-term tenant
9Notice of long-term tenant from notifying owner to adjoining owner
10Notice of long-term tenant from adjoining owner to notifying owner
11Urgent fencing notice
Schedule 1
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Fences Regulations 2024
S.R. No. 84/2024
Version as at
15 September 2024
1Objective
The objective of these Regulations is to prescribe forms for the purposes of the Fences Act 1968.
2Authorising provision
These Regulations are made under section 38 of the Fences Act 1968.
3Commencement
These Regulations come into operation on 15 September 2024.
4Revocation
The Fences Regulations 2014[1] are revoked.
5Definition
In these Regulations—
the Act means the Fences Act 1968.
Notes
1In Forms 1 to 5 prescribed by regulations 6 to 10 of these Regulations, adjoining owner and notifying owner have the same meanings as in section 11 of the Act.
2In Form 6 prescribed by regulation 11 of these Regulations, adjoining owner has the same meaning as in section 23 of the Act.
3The definitions of adjoining owner and notifying owner in section 27 of the Act are not used in these Regulations.
6Fencing notice
For the purposes of section 13(5) of the Act, the prescribed form is Form 1 in Schedule 1.
7Notice from notifying owner to long-term tenant
For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(1)(b) of the Act is Form 2 in Schedule 1.
8Notice from adjoining owner to long-term tenant
For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(2)(b) of the Act is Form 3 in Schedule 1.
9Notice of long-term tenant from notifying owner to adjoining owner
For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(1)(c) of the Act is Form 4 in Schedule 1.
10Notice of long-term tenant from adjoining owner to notifying owner
For the purposes of section 15(3) of the Act, the prescribed form of a notice given under section 15(2)(c) of the Act is Form 5 in Schedule 1.
11Urgent fencing notice
For the purposes of section 24(3) of the Act, the prescribed form is Form 6 in Schedule 1.
SCHEDULE 1
FORM 1
Regulation 6
Fences Act 1968
Section 13(5)
Fences Regulations 2024
FENCING NOTICE
Date of this notice:
Name of person(s) giving fencing notice:
Address of person(s) giving fencing notice:
Telephone number of person(s) giving fencing notice:
Email address of person(s) giving fencing notice (if any):
1.I (the notifying owner) notify you, the owner of the land located at [insert address] (the adjoining owner), of my proposal to carry out fencing works and subsidiary works* as set out in this fencing notice
2.I propose that fencing works and subsidiary works* be carried out for the boundary of your land, described at 1, and my adjoining land, which is located at [insert address]
3. I propose that the position of the dividing fence should be:
[þ and complete one option only]
¨the boundary line [describe]
¨another line [describe] if it is impracticable to carry out the fencing works and subsidiary works* on the common boundary because a waterway or obstruction (whether natural or manmade) is on or forms the common boundary
4.I propose that the following fencing works and subsidiary works* should be carried out:
[you may þ more than one option]
¨repair or maintenance of the whole or part** of the existing dividing fence [insert details of proposed repair or maintenance]
¨demolition of the whole or part** of the existing dividing fence [describe relevant part of the fence, if applicable]
¨removal of the whole or part** of the existing dividing fence [describe relevant part of the fence, if applicable]
¨construction of the whole or part** of a new dividing fence [describe relevant part of the fence, if applicable]
¨replacement of the whole or part** of the existing dividing fence (including demolition and removal of the whole or part** of the existing dividing fence and construction of the whole or part** of a new dividing fence [describe relevant part of the fence, if applicable]
¨planting, replanting, repair or maintenance** of a hedge or similar vegetative barrier that is the whole or part** of a dividing fence [describe relevant part of the hedge or barrier, if applicable]
¨cleaning, deepening, enlargement, repair or alteration** of a ditch or embankment** that is the whole or part** of a dividing fence
¨subsidiary works [provide details of the proposed subsidiary works—which may include but are not limited to: design of dividing fence, preparation or clearing of land, surveying and marking of common boundary or other proposed line of fence, obtaining approval, using temporary barriers]
5. [þ if applicable]
¨A dividing fence is not required for part of the common boundary because a waterway or other obstruction (whether natural or manmade) is on or forms the common boundary
[If applicable, describe the waterway or obstruction (i.e. a structure built on the common boundary) and the part of the common boundary for which a dividing fence is not required]
6.If it is proposed to construct a new dividing fence or replace the existing dividing fence—I propose that the height of the new or replacement dividing fence should be [insert details]
7.If it is proposed to construct a new dividing fence or replace the existing dividing fence—I propose that the type of dividing fence and construction material should be [insert details]
8.If it is proposed to construct a new dividing fence or replace the existing dividing fence with a dividing fence that has rails and framing—I propose that the rails and framing should be placed on the side of the dividing fence facing into:
[þ one option only]
¨your land, described at 1
¨my land, described at 2
9. [þ and complete one option only]
¨I propose to pay the entire cost of fencing works and any subsidiary works set out at 4
¨I propose that the cost of fencing works and any subsidiary works set out at 4 should be shared between us
10. [Complete only if it is proposed, at 9, that the cost should be shared]
The total estimated cost of the proposed fencing works and any subsidiary works set out at 4 is [insert total estimated cost] and the basis of this estimate is [insert details]
If the estimate is based on a quote, a copy of the quote is attached***
I propose that the cost should be shared as follows:
I pay [insert percentage] being [insert estimated amount], and
you pay [ insert percentage] being [insert estimated amount]
[If contributions other than in equal proportions are proposed, give reasons]
11.I propose that the fencing works and any subsidiary works set out at 4 should be carried out by [insert name and contact details of person(s) proposed to carry out works, if known]
*strike out if no subsidiary works are proposed
**strike out whichever does not apply
***strike out if no quote has been obtained
IMPORTANT INFORMATION
1. This is a fencing notice under section 13 of the Fences Act 1968.
2.Agreement to the fencing works and any subsidiary works proposed in this fencing notice gives rise to a fencing notice agreement, which can be enforced under the Fences Act 1968.
3.Notifying owners should provide fencing notices to adjoining owners prior to the commencement of fencing works or any subsidiary works, unless urgent fencing works (including subsidiary works) must be carried out. Urgent fencing works may need to be carried out in circumstances including where the dividing fence has been damaged or destroyed by a falling tree or branch or by fire or flood. If urgent fencing works are to be undertaken the urgent fencing notice should be used.
4.Using temporary fences and barriers as dividing fences until the completion of fencing works is subsidiary works and requires agreement from the adjoining owner in the manner described above, unless it is classified as urgent fencing works.
5.Subsidiary works can also include the design of a dividing fence, the preparation or clearing of land for the purpose of fencing works, the surveying and marking of the common boundary of adjoining land or other proposed line of fence for the purpose of fencing works and obtaining an approval required for the purpose of fencing works.
6.A notifying owner can commence fencing works and any subsidiary works with a fencing notice agreement, any other agreement between the owners, an order of the Magistrates' Court, or otherwise in accordance with the Fences Act 1968. If there is no complete agreement between the notifying owner and the adjoining owner or no order of the Magistrates' Court, or if the notifying owner's actions are in conflict with the Fences Act 1968, the adjoining owner may file a complaint in the Magistrates' Court.
7.If, within 30 days from the day this fencing notice is given, the adjoining owner has responded to a fencing notice from a notifying owner, but does not agree to one or more of the matters specified in this notice, the notifying owner cannot proceed with fencing works or any subsidiary works (whether proposed in this notice or otherwise) without the adjoining owner's agreement.
8.The notifying owner and adjoining owner may continue to negotiate or, after the 30 days, either owner may commence proceedings in the Magistrates' Court for orders. Orders sought may include the line on which fencing works and any subsidiary works are to be carried out; the line that is the common boundary; whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
9.If, within 30 days from the day this fencing notice is given, the adjoining owner has not responded to this notice, the notifying owner may proceed with the fencing works and any subsidiary works set out in this notice. The notifying owner may then commence proceedings in the Magistrates' Court to recover contributions from the adjoining owner.
10.Either owner may seek assistance from the Dispute Settlement Centre of Victoria to resolve any disputes about the proposed fencing works and any subsidiary works.
11.Section 6 of the Fences Act 1968 provides for the factors that must be considered in determining whether a dividing fence is a sufficient dividing fence. The factors that must be considered include (but are not limited to) the purpose for which owners of adjoining land use the land or intend the land to be used, reasonable privacy concerns of the owners of adjoining land, any policy or code relating to dividing fences adopted by the municipal council of the area, any relevant planning instruments, the existence of any agreements or covenants, and the need for a dividing fence.
12.Section 8 of the Fences Act 1968 provides for who is liable for the cost of fencing works and any subsidiary works if one owner of adjoining land requires a dividing fence that is of a greater standard than a sufficient dividing fence.
13.Section 32 of the Fences Act 1968 provides for the placement of rails and framing for a dividing fence that has rails and framing. Owners may agree about the side of the dividing fence on which the rails and framing are to be placed. If an agreement between owners or an order of the Magistrates' Court does not specify the side on which rails and framing are to be placed, the Fences Act 1968 provides for the side on which rails and framing must be placed.
14.For a dividing fence between residential or commercial land and land over which the public has general access or over which there is a right of way, the rails and framing must be placed on the side of the dividing fence facing into the residential or commercial land. For a dividing fence between residential and commercial land, the rails and framing must be placed on the side of the dividing fence facing into the residential land. In all other cases, the rails and framing must be placed on the same side as the previous dividing fence (if a dividing fence is being replaced by a similar dividing fence) or on the side least subject to weathering (if a dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence).
15.The Fences Act 1968 deals with a range of other matters. Further information is available from the Dispute Settlement Centre of Victoria's website.
Other important information
16.Division 3 of Part 3 of the Fences Act 1968 details the process that must be followed if the common boundary is not agreed, which includes giving a boundary notice and engaging a licensed surveyor to have the common boundary defined.
17.Unless impractical to do so, a dividing fence must be built on the common boundary or claims of adverse possession may arise, as detailed in section 30E of the Fences Act 1968.
Building and protection works
18.Building works on boundaries may involve the demolition of walls, which could occur prior to the commencement of fencing works, if a new sufficient dividing fence is then to be constructed. Building works may also include the construction of a new structure on a boundary line. Building and protection works are not fencing works and are not subject to the Fences Act 1968 (unless where specified). Building and protection works are subject to Part 7 of the Building Act 1993. More information can be obtained from the Victorian Building Authority's website.
FORM 2
Regulation 7
Fences Act 1968
Section 15(3)
Fences Regulations 2024
NOTICE FROM NOTIFYING OWNER TO LONG-TERM TENANT
Date of this notice:
Name of person(s) giving notice:
Address of person(s) giving notice:
Telephone number of person(s) giving notice:
Email address of person(s) giving notice (if any):
1.I (the notifying owner) notify you, the tenant of the land located at [insert address] (the long-term tenant) of my proposal to carry out fencing works and subsidiary works*
2.I gave a fencing notice, a copy of which is attached, to the adjoining owner proposing fencing works and any subsidiary works between my land, described at 1, and the adjoining land, as set out in the fencing notice
[Attach a copy of the fencing notice]
3.As set out in the fencing notice, the estimated cost of the fencing works and any subsidiary works is [insert amount estimated in the fencing notice]
4.As set out in the fencing notice, it is proposed that I pay [insert percentage] of the estimated cost of the fencing works, estimated to be [insert amount]
5.You are a long-term tenant of my land for the purposes of section 10 of the Fences Act1968 and are liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence as follows:
[þ and complete one option only]
¨The unexpired term of your lease is 5 years or more but not more than 10 years. You are liable under section 10 of the Fences Act 1968 to contribute 50% of my share of the cost of the fencing works and any subsidiary works, estimated to be [insert amount based on amount estimated in fencing notice]
¨The unexpired term of your lease is more than 10 years. You are liable under section 10 of the Fences Act 1968 to contribute the entire amount of my share of the cost of the fencing works and any subsidiary works, estimated to be [insert amount based on amount estimated in fencing notice]
6.By giving you this notice and the attached copy of the fencing notice, I seek your agreement to the fencing works and any subsidiary works set out in the fencing notice (except for any matter relating to the boundary line or line on which it is proposed to carry out the fencing works) and require you to contribute to my share of the cost in the proportion specified in this notice at 5
IMPORTANT INFORMATION
1.This is a notice under section 15(1)(b) of the Fences Act 1968. The notifying owner gave the attached fencing notice to the adjoining owner under section 13 of the Fences Act 1968, proposing that fencing works and any subsidiary works should be undertaken between the notifying owner's land and the adjoining owner's land.
2.If, within 30 days from the day the fencing notice was given, the long‑term tenant responds to this notice but the long-term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
3.After the 30 days, the long-term tenant, the notifying owner or the adjoining owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
4.If, within 30 days from the day the fencing notice was given, the long‑term tenant has not responded to this notice, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The notifying owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.
*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.
FORM 3
Regulation 8
Fences Act 1968
Section 15(3)
Fences Regulations 2024
NOTICE FROM ADJOINING OWNER TO LONG-TERM TENANT
Date of this notice:
Name of person(s) giving notice:
Address of person(s) giving notice:
Telephone number of person(s) giving notice:
Email address of person(s) giving notice (if any):
1.I (the adjoining owner) notify you, the tenant of the land located at [insert address] (the long-term tenant) about proposed fencing works
2.I received a fencing notice, a copy of which is attached, from the owner of the adjoining land (the notifying owner) proposing fencing works and any subsidiary works between my land, described at 1, and the adjoining land, as set out in the fencing notice
[Attach a copy of the fencing notice]
3.As set out in the fencing notice, the estimated cost of the fencing works and any subsidiary works is [insert amount estimated in the fencing notice]
4.As set out in the fencing notice, it is proposed that I pay [insert percentage] of the estimated cost of the fencing works, estimated to be [insert amount]
5.You are a long-term tenant of my land for the purposes of section 10 of the Fences Act 1968 and are liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence as follows:
[þ and complete one option only]
¨The unexpired term of your lease is 5 years or more but not more than 10 years. You are liable under section 10 of the Fences Act 1968 to contribute 50% of my share of the cost of the fencing works and any subsidiary works, estimated to be [insert amount based on amount estimated in fencing notice]
¨The unexpired term of your lease is more than 10 years. You are liable under section 10 of the Fences Act 1968 to contribute the entire amount of my share of the cost of the fencing works and any subsidiary works, estimated to be [insert amount based on amount estimated in fencing notice]
6.By giving you this notice and the attached copy of the fencing notice, I seek your agreement to the fencing works and any subsidiary works set out in the fencing notice (except for any matter relating to the boundary line or line on which it is proposed to carry out the fencing works) and require you to contribute to my share of the cost in the proportion specified in this notice at 5
IMPORTANT INFORMATION
1.This is a notice under section 15(2)(b) of the Fences Act 1968. The adjoining owner received the attached fencing notice under section 13 of the Fences Act 1968, proposing that fencing works and any subsidiary works should be undertaken for a dividing fence between the adjoining owner's land and the notifying owner's land.
2.If, within 30 days from the day the fencing notice was given, the long‑term tenant responds to this notice but the long-term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
3.After the 30 days, the long-term tenant, the adjoining owner or the notifying owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
4.If, within 30 days from the day the fencing notice was given, the long‑term tenant has not responded to this notice, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The adjoining owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.
*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.
FORM 4
Regulation 9
Fences Act 1968
Section 15(3)
Fences Regulations 2024
NOTICE OF LONG-TERM TENANT FROM NOTIFYING OWNER TO ADJOINING OWNER
Date of this notice:
Name of person(s) giving notice:
Address of person(s) giving notice:
Telephone number of person(s) giving notice:
Email address of person(s) giving notice (if any):
1.I (the notifying owner) gave you (the adjoining owner) a fencing notice under section 13 of the Fences Act 1968 proposing fencing works and any subsidiary works between your land, located at [insert address], and my adjoining land, located at [insert address]
2.I give you this further notice to notify you that there is a long-term tenant of my land who is liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence
3. You are not required to respond to this notice
IMPORTANT INFORMATION
1.This is a notice under section 15(1)(c) of the Fences Act 1968. If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant responds but the long‑term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
2.After the 30 days, the long-term tenant, the adjoining owner or the notifying owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
3.If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant has not responded to the notice given to the long-term tenant, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The notifying owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.
*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.
FORM 5
Regulation 10
Fences Act 1968
Section 15(3)
Fences Regulations 2024
NOTICE OF LONG-TERM TENANT FROM ADJOINING OWNER TO NOTIFYING OWNER
Date of this notice:
Name of person(s) giving notice:
Address of person(s) giving notice:
Telephone number of person(s) giving notice:
Email address of person(s) giving notice (if any):
1.I (the adjoining owner) received a fencing notice under section 13 of the Fences Act 1968 from you (the notifying owner) proposing fencing works and any subsidiary works between your land, located at [insert address], and my adjoining land, located at [insert address]
2.I give you this further notice to notify you that there is a long-term tenant of my land who is liable to contribute to the fencing works and any subsidiary works for a sufficient dividing fence
3.You are not required to respond to this notice
IMPORTANT INFORMATION
1.This is a notice under section 15(2)(c) of the Fencing Act 1968. If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant responds but the long‑term tenant and the owners do not agree to one or more of the matters specified in the fencing notice*, the fencing works or any subsidiary works may not proceed.
2.After the 30 days, the long-term tenant, the notifying owner or the adjoining owner may commence proceedings in the Magistrates' Court. Orders sought may include whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
3.If, within 30 days from the day the notifying owner gave the adjoining owner the fencing notice, the long-term tenant has not responded to the notice given to the long-term tenant, the fencing works and any subsidiary works may proceed without the long-term tenant's agreement. The adjoining owner may then seek an order in the Magistrates' Court to recover a contribution from the long-term tenant.
*The long-term tenant's agreement is not required for any matter relating to the common boundary or line of fence.
FORM 6
Regulation 11
Fences Act 1968
Section 24(3)
Fences Regulations 2024
URGENT FENCING NOTICE
Date of this notice:
Name of person(s) giving urgent fencing notice:
Address of person(s) giving urgent fencing notice:
Telephone number of person(s) giving urgent fencing notice:
Email address of person(s) giving urgent fencing notice (if any):
1.I (the notifying owner) carried out urgent fencing works and subsidiary works* for a sufficient dividing fence between my land, located at [insert address], and your adjoining land, located at [insert address]
2.Fencing works and subsidiary works* needed to be carried out urgently because the dividing fence between our properties was damaged or destroyed** and it was impracticable to give you a fencing notice
3.The reason(s) that the fencing works and subsidiary works* needed to be carried out urgently was [insert reasons(s)]
4.The following fencing works and subsidiary works* were carried out urgently:
[you may þ more than one option]
¨repair or maintenance of the whole or part** of the existing dividing fence [insert details of works undertaken]
¨demolition of the whole or part** of the existing dividing fence
¨removal of the whole or part** of the existing dividing fence
¨construction of the whole or part** of a new dividing fence
¨replacement of the whole or part** of the existing dividing fence (including demolition and removal of the whole or part** of the existing dividing fence and construction of the whole or part** of a new dividing fence)
¨planting, replanting, repair or maintenance** of a hedge or similar vegetative barrier that is the whole or part** of a dividing fence
¨cleaning, deepening, enlargement, repair or alteration** of a ditch or embankment** that is the whole or part** of a dividing fence
¨subsidiary works [provide details of the proposed subsidiary works—which may include but are not limited to: design of dividing fence, preparation or clearing of land, surveying and marking of common boundary or other proposed line of fence, obtaining approval, using temporary barriers]
5.The fencing works and subsidiary works* set out at 4 were carried out on:
¨the boundary line [describe]
¨another line [describe] because it was impracticable to carry out the fencing works and subsidiary works* on the common boundary because a waterway or obstruction (whether natural or manmade) is on or forms the common boundary
6.If a new dividing fence was constructed or the existing dividing fence was replaced—the height of the new or replacement dividing fence is [insert details]
7.If a new dividing fence was constructed or the existing dividing fence was replaced—the type of dividing fence and construction material is [insert details]
8.If a new dividing fence was constructed or the existing dividing fence was replaced with a dividing fence that has rails or framing—the rails and framing were placed on the side of the dividing fence facing into:
[þ one option only]
¨my land, described at 1
¨your adjoining land, described at 1
9.The cost of the fencing works and subsidiary works* was [insert amount] as shown in the attached receipt
[Attach a copy of the receipt for the works]
I propose that the cost should be shared as follows:
I pay [insert percentage] being [insert amount], and
you pay [insert percentage] being [insert amount]
[If contributions other than in equal proportions are proposed, give reasons]
*strike out if no subsidiary works were undertaken
**strike out whichever does not apply
IMPORTANT INFORMATION
1.This is a notice under section 24(1) of the Fences Act 1968. Not all required fencing works are considered urgent fencing works. The note at the foot of section 23(1) of the Fences Act 1968 provides that the types of circumstances in which fencing works and any subsidiary works may need to be carried out urgently include where the dividing fence has been damaged or destroyed by a falling tree or branch or by fire or flood.
2.The owner who gives an urgent fencing notice requires the adjoining owner to contribute to the fencing works and any subsidiary works for a sufficient dividing fence that were carried out urgently in accordance with the Fences Act 1968.
3.If, within 30 days from the day this urgent fencing notice is given, the adjoining owner responds to the notice but does not agree to one or more of the matters specified in the notice, either owner may commence proceedings in the Magistrates' Court. Orders sought may include the line that is the common boundary; whether or not a dividing fence is required and whether or not fencing works and any subsidiary works should be carried out; the nature of any fencing works and subsidiary works to be carried out; the nature of the fence that constitutes a sufficient dividing fence; the way in which contributions for the fencing works and any subsidiary works should be apportioned; and other matters.
4.If, within 30 days from the day this urgent fencing notice is given, the adjoining owner has not responded to the notice, the owner who gave the urgent fencing notice may commence proceedings in the Magistrates' Court for orders about the urgent fencing works and subsidiary works or contributions.
5.Urgent fencing works that may be carried out under the Fences Act 1968 are subject to the operation of the Residential Tenancies Act 1997 in relation to urgent repairs, or the Retail Leases Act 2003 in relation to urgent repairs, or a lease agreement that makes provision for urgent repairs.
6.Section 32 of the Fences Act 1968 provides for the placement of rails and framing for a dividing fence that has rails and framing. Owners may agree about the side of the dividing fence on which the rails and framing are to be placed. If an agreement between owners or an order of the Magistrates' Court does not specify the side on which rails and framing are to be placed, the Fences Act 1968 provides for the side on which rails and framing must be placed. For a dividing fence between residential or commercial land and land over which the public has general access or over which there is a right of way, the rails and framing must be placed on the side of the dividing fence facing into the residential or commercial land.
7.For a dividing fence between residential and commercial land, the rails and framing must be placed on the side of the dividing fence facing into the residential land. In all other cases, the rails and framing must be placed on the same side as the previous dividing fence (if a dividing fence is being replaced by a similar dividing fence) or on the side least subject to weathering (if a dividing fence is being replaced by a different type of dividing fence or if there was no previous dividing fence).
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Fences Regulations 2024, S.R. No. 84/2024 were made on 10 September 2024 by the Governor in Council under section 38 of the Fences Act 1968, No. 7733/1968 and came into operation on 15 September 2024: regulation 3.
The Fences Regulations 2024 will sunset 10 years after the day of making on 10 September 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Fences Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 4: S.R. No. 122/2014.
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