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DIVIDING FENCES ACT 1991 - SCHEDULE 1

DIVIDING FENCES ACT 1991 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 29)

Part 1 - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Dividing Fences and Other Legislation Amendment Act 2008
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

1 Savings as to proceedings etc

(1) The Dividing Fences Act 1951 continues to operate in respect of any matter pending as a result of a notice served under that Act, an order made under section 11 of that Act or work completed under section 14 (2) (b) of that Act as if that Act had not been repealed by this Act.
(2) Otherwise, this Act applies to and in respect of fencing work whether carried out before or after the commencement of section 28.

2 Construction of references

A reference in any other Act or in an instrument made under an Act or in any document to the Dividing Fences Act 1951 is to be read as a reference to this Act, except as provided by clause 1 (1).

Part 3 - Provision consequent on enactment of Dividing Fences and Other Legislation Amendment Act 2008

3 Order under section 14 specifying amount to be paid

The amendment made to section 14 (1) (c) by the Dividing Fences and Other Legislation Amendment Act 2008 extends to proceedings begun before the commencement of that amendment, but not so as to affect any determination of a Local Court or local land board before that commencement.