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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 13 Meaning of sufficient dividing fence

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 13

Meaning of sufficient dividing fence

13 Meaning of sufficient dividing fence

(1) A dividing fence is a
"sufficient dividing fence" if—
(a) for adjoining land consisting of 2 parcels of residential land, the dividing fence—
(i) is between a minimum of 0.5m and a maximum of 1.8m in height; and
(ii) consists substantially of prescribed material; or
(b) for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or
(c) in any case—
(i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or
(ii) QCAT decides the dividing fence is a sufficient dividing fence.
(2) For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence.
(3) In this section—


"prescribed material" , for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law—
(a) wood, including timber palings and lattice panels;
(b) chain wire;
(c) metal panels or rods;
(d) bricks;
(e) rendered cement;
(f) concrete blocks;
(g) hedge or other vegetative barrier;
(h) other material of which a dividing fence is ordinarily constructed.