New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 76

76 Notices to repair or restore dividing fences

(1) An adjoining owner who has cleared land on the adjoining owner’s side of a dividing fence of all combustible matter for a distance of 6 metres from the fence may, by notice in writing, require the adjoining owner on the other side of the fence to repair or restore the dividing fence if it is damaged or destroyed by a bush fire caused by the failure of the other adjoining owner to clear the adjoining owner’s side of the fence of all combustible matter for the same distance.

(2) The adjoining owner to whom a notice is given must repair or restore the dividing fence at that adjoining owner’s expense:

(a) within one month of being given the notice, or

(b) within such longer period as a Local Court may allow on application by the adjoining owner to the Local Court.

(3) The dividing fence is to be restored to a reasonable standard, having regard to its state before damage or destruction.

(4) The adjoining owner may apply to the Local Court for an order authorising the adjoining owner to repair or restore the fence if:

(a) the adjoining owner to whom a notice is given fails to repair or restore the fence in the required time, or

(b) the adjoining owner has not, after making reasonable inquiries, been able to ascertain the whereabouts of the adjoining owner for the purposes of serving the notice.

(5) An adjoining owner who repairs or restores a fence under this section (including the owner’s employees or agents) may, at any reasonable time, enter on the land adjoining the dividing fence for the purpose of carrying out the work.