New South Wales Consolidated Acts

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DIVIDING FENCES ACT 1991

- As at 17 May 2017
- Act 72 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Determination as to “sufficient dividing fence”
   5.      Adjoining owners-land separated by road or watercourse

   PART 2 - LIABILITY FOR FENCING WORK

   6.      General principle-liability for fencing work
   7.      Contribution as between adjoining owners-generally
   8.      Contribution where negligent or deliberate act
   9.      Contribution when urgent fencing work is required
   10.     Fencing easements etc extinguished

   PART 3 - PROCEDURE AND IMPLEMENTATION

   11.     Notice to carry out fencing work
   12.     Procedure when agreement not reached
   13.     Jurisdiction of Local Court or Civil and Administrative Tribunal
   13A.    Jurisdiction of Land and Environment Court
   14.     Orders as to fencing work
   15.     Enforcement of agreements and orders
   16.     Substantial compliance sufficient
   17.     Application for order in absence of an adjoining owner
   18.     Procedure for defining boundary line
   19.     (Repealed)

   PART 4 - MISCELLANEOUS

   20.     Right to enter adjoining land
   21.     Service of notices
   22.     Time for service of notices-special provision
   23.     Costs
   24.     Recovery of money payable
   25.     Application of Act to Crown and local authorities etc
   26.     Act not to affect agreements etc, retaining walls or other Acts
   27.     Regulations
   28.     Repeal of Dividing Fences Act 1951 No 8 etc
   29.     Savings, transitional and other provisions
   30.     (Repealed)
           SCHEDULE 1
           Schedule 2 (Repealed)


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