FENCES ACT 1972 - SECT 5 Definitions

FENCES ACT 1972 - SECT 5

    (1)     In this Act:

"adjoining lands" includes lands separated by a watercourse, lake or other natural feature of such a character as to be insufficient to prevent at all times the passage of stock, even if the bed and banks of that water-course, lake or natural feature are Crown land, and with respect to lands so separated the term "common boundary" includes the bed and banks of the watercourse, lake or other natural feature by which those lands are separated.

"Crown land" means land of the Crown which is not leased.

"dividing fence" means a fence separating the adjoining lands of different owners whether the adjoining lands are wholly or only partly separated thereby and whether the fence is on the line of or, in an appropriate case, on a line on the common boundary of the adjoining lands or on a line other than the line of or a line on the common boundary or partly on any one of those lines and partly on the other or others.

"fence" means a structure of posts and board, palings, rails, galvanised iron, metal or wire or a wall, ditch or embankment or a combination of any of these, enclosing or bounding land and includes any foundation, foundation wall or support reasonably necessary for the support and maintenance of a building but does not include a wall which is part of a building.

"lease" includes a lease, a sub-lease, an under-lease and an agreement for a lease but does not include a Crown lease and "lessee" has a corresponding meaning.

"notice to fence" means a notice served under section 7.

"notice to repair" means a notice served under section 15.

"order to fence" means an order to fence made under section 8 or 10.

"order to repair" means an order made under section 8(3) or 15.

"owner" includes every person who, whether jointly or severally at law or in equity:

        (a)     is entitled to land for any estate of freehold in possession; or

        (b)     is a lessee of Crown land within the meaning of that expression under any law for the time being in force in the Territory relating to the leasing of Crown land;

but does not include trustees or other persons having the control and management of land which is a public reserve or park or is used for any public purpose which may be prescribed.

"Tribunal" means the Civil and Administrative Tribunal.

    (2)     Where, in any proceedings under this Act, the Tribunal has to determine what is a sufficient fence for this Act the Tribunal must have regard to:

        (a)     the nature of the neighbourhood in which the fence is to be erected; and

        (b)     the purpose for which the fence is to be erected; and

        (c)     whether any and if so what fences are usual in the neighbourhood; and

        (d)     the need for the protection of persons or the containment of stock in the neighbourhood;

and the court may determine that no fence is, in the circumstances, required.