New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 9

9 Contribution when urgent fencing work is required

(1) This section applies to a dividing fence that has been damaged or destroyed (in whole or in part) and in the circumstances requires urgent fencing work.

(2) If it is impracticable to serve a notice under section 11 in respect of a dividing fence to which this section applies, an adjoining owner may, without serving such a notice, carry out the urgent fencing work required to restore the dividing fence.

(3) The other adjoining owner is liable for half the cost (or a greater proportion if section 8 applies) of the urgent fencing work.

(4) Any such liability may be reviewed by the Local Court or a local land board on the application by that owner to the Court or board within 1 month after the work has been completed (or within such later period as the Court or board may allow).