BUILDING ACT 1975 - SECT 245XQ
Orders about carrying out fencing work
BUILDING ACT 1975 - SECT 245XQ
Orders about carrying out fencing work
245XQ Orders about carrying out fencing work
(1) QCAT may, for an
application about fencing work for a dividing fence forming part of a pool
barrier, decide and order 1 or more of the following—
(a) the line on which
the fencing work is to be carried out, whether or not that line is on the
common boundary of the adjoining land;
(b) the fencing work to be carried
out, including the kind of dividing fence involved and any access to land for
carrying out the fencing work;
(c) the way in which contributions for the
fencing work are to be apportioned or reapportioned or the amount that each
adjoining owner is liable to pay for the fencing work if the order is
consistent with section 245XH;
(d) the part of the dividing fence to be
constructed or repaired by either adjoining owner;
(e) when the fencing work
is to be carried out;
(f) any other work to be carried out that is necessary
to carry out the fencing work ordered including work for a retaining wall;
(g) that a fence has been used, or could lawfully be used, as a dividing fence
forming part of a pool barrier;
(h) the amount of compensation payable to an
adjoining owner for damage or destruction to a dividing fence forming part of
a pool barrier caused by the other adjoining owner or a person mentioned in
section 245XJ(1) (b) ;
(i) that an adjoining owner remove a thing attached
to a dividing fence and restore the fence;
(j) the amount of compensation
payable to an adjoining owner for the removal of a fence under section 245XO(3) ;
(k) whether or not a dividing fence forming part of a pool barrier
would comply with the pool safety standard;
(l) any other matter necessary
for the administration of this part.
(2) The occupation of land on either
side of a dividing fence forming part of a pool barrier, as a result of an
order that fencing work is to be carried out on a line other than on the
common boundary of the adjoining land, does not affect the title to, or
possession of, the land.
