New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Dividing Fences and Other Legislation Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Dividing Fences Act 1991 and the Crown Lands Act 1989 to make further provision with respect to dividing fences and to amend the Access to Neighbouring Land Act 2000 to make further provision with respect to costs of an application for an access order.
Clause 1 Dividing Fences and Other Legislation Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Dividing Fences and Other Legislation Amendment 3 Act 2008. 4 2 Commencement 5 This Act commences on a day or days to be appointed by proclamation. 6 3 Amendment of Dividing Fences Act 1991 No 72 7 The Dividing Fences Act 1991 is amended as set out in Schedule 1. 8 4 Amendment of other Acts 9 The Acts specified in Schedule 2 are amended as set out in that 10 Schedule. 11 5 Repeal of Act 12 (1) This Act is repealed on the day following the day on which all of the 13 provisions of this Act have commenced. 14 (2) The repeal of this Act does not, because of the operation of section 30 15 of the Interpretation Act 1987, affect any amendment made by this Act. 16 Page 2
Dividing Fences and Other Legislation Amendment Bill 2008 Amendment of Dividing Fences Act 1991 Schedule 1 Schedule 1 Amendment of Dividing Fences Act 1991 1 (Section 3) 2 [1] Section 3 Definitions 3 Insert "(except as provided by paragraph (c))" after "retaining wall" in the 4 definition of fence. 5 [2] Section 3, definition of "fencing work" 6 Insert "(including the trimming, lopping or removal of vegetation)" after 7 "preparation of land" in paragraph (b) of the definition. 8 [3] Section 7 Contribution as between adjoining owners--generally 9 Insert after section 7 (2): 10 (3) An adjoining owner who desires to carry out the trimming, 11 lopping or removal of vegetation (as referred to in paragraph (b) 12 of the definition of fencing work in section 3) for a purpose other 13 than the provision of a sufficient dividing fence is liable for the 14 expenses of carrying out the work to the extent to which those 15 expenses are attributable to work done for that other purpose. 16 [4] Section 14 Orders as to fencing work 17 Insert "or the amount that each adjoining owner is liable to pay for that work" 18 after "re-apportioned" in section 14 (1) (c). 19 [5] Section 24 Recovery of money payable 20 Insert after section 24 (2): 21 (3) A local land board may, on the application of an adjoining owner, 22 make an order determining an amount that the other adjoining 23 owner is required or liable to pay under this Act (other than an 24 amount the subject of an order by the Local Court under this Act). 25 (4) The amount (including any costs awarded against the other 26 adjoining owner under section 23) may be certified by the 27 Chairperson of the local land board. 28 (5) A certificate given under subsection (4) must identify the person 29 liable to pay the certified amount. 30 (6) If a certificate given under subsection (4) is filed in the registry 31 of a court having jurisdiction to give judgment for a debt of the 32 same amount as the amount stated in the certificate, the certificate 33 operates as such a judgment. 34 Page 3
Dividing Fences and Other Legislation Amendment Bill 2008 Schedule 1 Amendment of Dividing Fences Act 1991 [6] Section 26 Act not to affect agreements etc, retaining walls or other Acts 1 Insert "or fencing work" after "fences" in section 26 (c). 2 [7] Schedule 1 Savings, transitional and other provisions 3 Insert before clause 1: 4 Part 1 Preliminary 5 1A Regulations 6 (1) The regulations may contain provisions of a savings or 7 transitional nature consequent on the enactment of the following 8 Acts: 9 Dividing Fences and Other Legislation Amendment Act 2008 10 (2) Any such provision may, if the regulations so provide, take effect 11 from the date of assent to the Act concerned or a later date. 12 (3) To the extent to which any such provision takes effect from a date 13 that is earlier than the date of its publication in the Gazette, the 14 provision does not operate so as: 15 (a) to affect, in a manner prejudicial to any person (other than 16 the State or an authority of the State), the rights of that 17 person existing before the date of its publication, or 18 (b) to impose liabilities on any person (other than the State or 19 an authority of the State) in respect of anything done or 20 omitted to be done before the date of its publication. 21 Part 2 Provisions consequent on enactment of 22 this Act 23 Page 4
Dividing Fences and Other Legislation Amendment Bill 2008 Amendment of Dividing Fences Act 1991 Schedule 1 [8] Schedule 1, Part 3 1 Insert after clause 2: 2 Part 3 Provision consequent on enactment of 3 Dividing Fences and Other Legislation 4 Amendment Act 2008 5 3 Order under section 14 specifying amount to be paid 6 The amendment made to section 14 (1) (c) by the Dividing 7 Fences and Other Legislation Amendment Act 2008 extends to 8 proceedings begun before the commencement of that 9 amendment, but not so as to affect any determination of a Local 10 Court or local land board before that commencement. 11 Page 5
Dividing Fences and Other Legislation Amendment Bill 2008 Schedule 2 Amendment of other Acts Schedule 2 Amendment of other Acts 1 (Section 4) 2 2.1 Access to Neighbouring Land Act 2000 No 2 3 [1] Section 27 Costs 4 Omit section 27 (1). Insert instead: 5 (1) The costs of an application for an access order are payable by the 6 applicant for the order, subject to any order of the Local Court to 7 the contrary. 8 [2] Section 27 (2) (a) 9 Omit section 27 (2) (a) and (b). Insert instead: 10 (a) the conduct of the parties, including any attempts by the 11 parties to reach agreement before the proceedings and 12 whether the refusal to consent to access was unreasonable 13 in the circumstances, 14 [3] Section 39 15 Insert after section 38: 16 39 Savings, transitional and other provisions 17 Schedule 1 has effect. 18 [4] Schedule 1 19 Insert after section 40: 20 Schedule 1 Savings, transitional and other 21 provisions 22 (Section 39) 23 Part 1 General 24 1 Regulations 25 (1) The regulations may contain provisions of a savings or 26 transitional nature consequent on the enactment of the following 27 Acts: 28 Dividing Fences and Other Legislation Amendment Act 2008 29 (but only to the extent to which it amends this Act) 30 Page 6
Dividing Fences and Other Legislation Amendment Bill 2008 Amendment of other Acts Schedule 2 (2) Any such provision may, if the regulations so provide, take effect 1 from the date of assent to the Act concerned or a later date. 2 (3) To the extent to which any such provision takes effect from a date 3 that is earlier than the date of its publication in the Gazette, the 4 provision does not operate so as: 5 (a) to affect, in a manner prejudicial to any person (other than 6 the State or an authority of the State), the rights of that 7 person existing before the date of its publication, or 8 (b) to impose liabilities on any person (other than the State or 9 an authority of the State) in respect of anything done or 10 omitted to be done before the date of its publication. 11 Part 2 Provision consequent on enactment of 12 Dividing Fences and Other Legislation 13 Amendment Act 2008 14 2 Costs 15 Section 27 (1) and (2) (a), as substituted by the Dividing Fences 16 and Other Legislation Amendment Act 2008, extend to an 17 application for an access order made before the substitution of 18 those provisions, but not so as to affect any determination of the 19 Local Court made before that substitution. 20 2.2 Crown Lands Act 1989 No 6 21 [1] Schedule 2 Powers and procedures of local land boards 22 Insert at the end of clause 2 (2): 23 · applications under the Dividing Fences Act 1991. 24 [2] Schedule 2, clause 2 (3) 25 Insert after clause 2 (2): 26 (3) A Chairperson alone may constitute a quorum for the purpose of 27 deciding or otherwise dealing with an application under the 28 Dividing Fences Act 1991 only if: 29 (a) the land to which the application relates is in: 30 (i) the Metropolitan, Penrith, Picton or Windsor land 31 district, or 32 (ii) an area that, in the opinion of the Senior 33 Chairperson, is predominantly residential, and 34 Page 7
Dividing Fences and Other Legislation Amendment Bill 2008 Schedule 2 Amendment of other Acts (b) in the case of any Chairperson other than the Senior 1 Chairperson--the Senior Chairperson has given his or her 2 written authorisation for a Chairperson to constitute a 3 quorum for that particular application or a class of 4 applications to which the application belongs.s 5 Page 8
[Index] [Search] [Download] [Related Items] [Help]