Fencing Act 1913 (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00133 In force Continued Law

Legislation content

 

NORFOLK  ISLAND

 

Fencing Act 1913

No. 14, 1913

Compilation No. 2

Compilation date:   13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 

 

NORFOLK  ISLAND

 

 

 

FENCING ACT 1913

 

TABLE OF PROVISIONS

 

 1. Short title

 2. Interpretation

 3. Application to register fence

 4. Registration of fences

 5. Fee to register fence

 6. Fence registered for five years

 7. Payment of fee to inspect register

 8. Cancellation of registration

 9. Action for trespass

 10. Notice to owner of adjoining land

 11. Owner of adjoining land may recover half of cost

 12. Authorised officer

 13. Entry on land

 14. Regulations

 

 

NORFOLK  ISLAND

 

 

 

Fencing Act 1913

 

Short title

 1. This Act may be cited as the Fencing Act 1913.

Interpretation

 2. (1) In this Act —

“cattle” means bull, cow, steer, heifer or calf;

“fence” includes a cattle proof boundary which may consist of one or more of a wall, ditch or artificial structure or natural obstruction that would, under normal conditions, exclude trespass on land by quiet cattle and horses;

“horse” means horse, mare, gelding, colt or filly;

“Registrar” means Registrar of Lands.

  (2) For the purposes of registration under this Act —

(a) artificial structures forming a fence or part of a fence shall be of a prescribed type and in accordance with the standards prescribed for that type of structure; and

(b) natural obstructions forming a fence or part of a fence shall be of a kind that, in the opinion of the Chief Executive Officer, would under normal conditions, exclude trespass on land by quiet cattle and horses.

Application to register fence

 3. Application in writing may be made to the Registrar to register a fence whether now or hereafter to be constructed.

Registration of fences

 4. The application shall be submitted by the Registrar to the Chief Executive Officer, who, if, after receipt of a report furnished by the authorised officer following inspection of the fence, is satisfied that the fence is in accordance with the prescribed standards and would effectively exclude trespass on land by quiet cattle and horses, may direct the fence to be registered, and thereupon the Registrar shall register the fence in such manner and with such particulars as the Chief Executive Officer directs.

Fee to register fence

 5. The approved fee shall be paid on the registration of a fence.

Fence registered for five years

 6. The registration of a fence shall, if not cancelled, have effect for a period of 5 years.

Payment of fee to inspect register

 7. The register shall be open to inspection on payment of the approved fee.

Cancellation of registration

 8. (1) Where the Registrar is satisfied, after receipt of a report furnished by the authorised officer following inspection of a fence that is registered under this Act, that the fence would no longer effectively exclude trespass on land by quiet cattle and horses, the Registrar shall cancel the registration.

  (2) Where, after the registration of a fence has been cancelled under subsection 8(1), the fence is restored so that it would effectively exclude trespass on land by quiet cattle and horses, an application may be made under section 3 for restoration of the registration and section 5 does not apply.

Action for trespass

 9. No action for trespass on land by quiet cattle and horses shall lie unless the land is protected by a fence that is —

(a) registered under this Act; and

(b) maintained in accordance with the prescribed standards.

Notice to owner of adjoining land

 10. (1) The owner of any land may, by notice in writing served personally on the owner of any adjoining land, require such last‑mentioned owner to join him on equal terms in making a new dividing fence between their properties, or in repairing an existing dividing fence.

  (2) Whenever service of the notice cannot be effected personally, it shall be deemed to have been duly effected if the notice or a true copy thereof is affixed in a prominent position on the adjoining land and published in the Gazette.

Owner of adjoining land may recover half of cost

 11. (1) If the said owners, within one month after the said notice, fail to come to an agreement as to the making or repairing of the fence, or if, after such agreement is come to, no substantial part of the work is done within 2 months after such notice, either party may carry out the work, and may recover half the cost thereof from the other party in the Court of Petty Sessions.  This provision shall not apply to the Administration.

  (2) An order or judgment of the Court for the payment of any sum of money recoverable from the owner of any land under this section may be enforced by execution issued against the land of the judgment debtor.

Authorised officer

 12. (1) The Chief Executive Officer may, by notice in writing signed by the Chief Executive Officer, appoint a person to be an authorised officer for the purposes of this Act and the regulations.

  (2) The Chief Executive Officer shall issue to a person appointed as an authorised officer under subsection 12(1) a certificate in a form approved by the Chief Executive Officer.

  (3) A person who ceases to be an authorised officer shall, as soon as practicable, return his certificate of appointment to the Chief Executive Officer.

Penalty: 2 penalty units.

  (4) A person shall not personate or falsely represent that he is an authorised officer for the purposes of this Act.

Penalty: 2 penalty units.

Entry on land

 13. (1) An authorised officer may —

(a) at the request of the applicant under section 3; or

(b) for the purposes of section 8,

enter land for the purpose of inspecting a fence.

  (2) An authorised officer who enters land in pursuance of paragraph 13(1)(b) is not authorised to remain on the land if, on the request of the occupier of the land, the authorised officer does not produce the certificate of appointment issued under subsection 12(2).

  (3) A person shall not, without reasonable excuse, obstruct an authorised officer carrying out his duties under this section.

Penalty: 2 penalty units.

Regulations

 14. (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  (2) Without limiting the generality of subsection 14(1), the regulations may prescribe penalties not exceeding 2 penalty units for a contravention or breach of the regulations.

NOTES

The Fencing Act 1913 as shown in this consolidation comprises Act No. 14 of 1913 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Fencing Law 1913

14, 1913

24.12.13

 

 

 

 

 

Administration Act 1936

14, 1936

16.12.36

 

 

 

 

 

Fencing Act 1937

1, 1937

4.3.37

 

 

 

 

 

Fencing Act 1938

1, 1938

10.2.38

 

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Ordinances Revision Act 1964

6, 1964

30.6.64

6

 

 

 

 

Ordinances Revision Act 1965

1, 1965

30.6.64

 

 

 

 

 

Fees Act 1976

3, 1976

31.5.76

 

 

Enactment

Number and year

Date of commencement

Application saving or transitional provision

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

5

 

 

 

 

Ordinances Revision (Executive Members) Act 1980

8, 1980

6.11.81

5

 

 

 

 

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Statute Law Revision (Penalties and Fees) Act 1984

9, 1985

13.5.85

4

 

 

 

 

Fencing (Amendment) Act 1985

5, 1986

31.3.86

 

 

 

 

 

[Previously consolidated as at 21 April 1986]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws  Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–396)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 24): 29 Sept 2018 (s 2(1) item 1)

—

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (items 29, 30): 13 Aug 2019 (s 2(1) item 1)

—

 

Table of Amendments

 

ad = added or inserted

am = amended

(md) = misdescribed amendment can be given effect

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

1

am

2, 1963; 6, 1964; 1, 1965; 3, 1976; 11, 1976

2

am

1, 1965; 5, 1986; 14, 2012; Ord No 2, 2015 (as am by F2018L01378)

4

am

14, 1936; 8, 1980; 5, 1986; 14, 2012; Ord No 2, 2015 (as am by F2018L01378)

5

am

3, 1976; 9, 1985; Ord No 2, 2015 (as am by F2019L01048 (md))

7

am

31, 1980; 9, 1985; Ord No 2, 2015 (as am by F2019L01048)

8

am

14, 1936; 8, 1980

 

rs

5, 1986

9

rs

5, 1986

10

am

1, 1938; 6, 1964; 5, 1986

11

am

1, 1937; 6, 1964; 13, 1979

12

ad

5, 1986; 14, 2012

 

am

Ord No 2, 2015 (as am by F2018L01378)

13

ad

5, 1986

14

ad

5, 1986

 

Overview

The Norfolk Island Fencing Act 1913 was enacted to address the need for regulation of fences on Norfolk Island, particularly to prevent trespass by cattle and horses. The Act was passed by the Norfolk Island Legislative Assembly, and its primary policy objective is to provide a framework for the registration and maintenance of fences that effectively exclude livestock from adjoining properties. The Act enables the registration of fences that meet prescribed standards and allows for actions to be taken against trespassers on land protected by such fences. It also facilitates the collaboration between adjoining landowners in the maintenance of dividing fences and provides mechanisms for resolving disputes over fence maintenance costs. The Act has been subject to various amendments over the years, with the most recent being the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019. The Norfolk Island Fencing Act 1913 establishes a process for the registration of fences on Norfolk Island, overseen by the Registrar of Lands and the Chief Executive Officer. The Act requires that fences be inspected and deemed compliant with prescribed standards before they can be registered. The registration process involves an application to the Registrar, subsequent inspection by an authorised officer, and final approval by the Chief Executive Officer. The Act also outlines the procedures for the cancellation of fence registration if the fence no longer meets the required standards. Additionally, it provides for the recovery of costs related to fence maintenance from adjoining landowners and sets out the penalties for obstructing authorised officers carrying out their duties under the Act. The Act remains in force as a consolidation of the original Act and its amendments.

Scope and Application

The Norfolk Island Fencing Act 1913 applies to the registration of fences on Norfolk Island, focusing on their construction, maintenance, and enforcement to effectively exclude trespass by cattle and horses. The Act applies to any individual or entity wishing to register a fence on their land, with specific provisions for adjoining landowners and authorised officers responsible for inspecting and enforcing the standards of registered fences. The Act applies to any fence intended to exclude cattle and horses from land, including both artificial structures and natural obstructions. The jurisdictional reach of this Act is limited to Norfolk Island, governed by Norfolk Island legislation. The Act provides for exclusions and exemptions in certain circumstances, such as when a fence is no longer effective or when adjoining landowners fail to agree on fence maintenance. The application of the Act may be extended or modified by regulations made under its authority, allowing for the adaptation of standards and procedures as necessary.

Key Provisions

The Norfolk Island Fencing Act 1913 (sections 3 to 6) governs the process for the registration of fences, the standards that must be met, and the duration of registration. Landowners must apply in writing to the Registrar for the registration of a fence (section 3). The Registrar forwards the application to the Chief Executive Officer, who will direct an authorised officer to inspect the fence. If the officer determines that the fence meets the prescribed standards and would effectively prevent cattle and horse trespass, the Chief Executive Officer may direct the Registrar to register the fence (section 4). The fee for registration must be paid (section 5), and the registration is valid for five years unless cancelled (section 6). The Act imposes obligations on landowners to apply for fence registration (section 3), ensure fences meet the prescribed standards (section 4), and pay the applicable fees (section 5). Landowners are also required to maintain their registered fences in accordance with the prescribed standards to prevent trespass by quiet cattle and horses (section 9). If a fence no longer meets the standards, the Registrar must cancel the registration (section 8(1)). The Act further requires landowners to respond to notices from adjoining landowners to either repair or replace dividing fences (section 10), and failing to do so within specified timelines allows either party to proceed with the work and recover half the cost from the other party (section 11). The Act also includes provisions for penalties, with an offence of personating an authorised officer or obstructing an authorised officer carrying out their duties, each carrying a penalty of up to 2 penalty units (sections 12(4) and 13(3)). The regulations may also prescribe penalties for contraventions of the regulations, up to a maximum of 2 penalty units (section 14(2)).

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Area of Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.