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FENCES ACT 1975 - SECT 4

FENCES ACT 1975 - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"adjoining owners" means the owners of contiguous land;

"cost" in relation to fencing work

            (a)         includes the cost of any survey that is reasonably required for the purposes of the fencing work; and

            (b)         includes the cost of any work reasonably required to facilitate the performance of the fencing work; and

            (c)         where an adjoining owner has done, or proposes to do, any of the work personally, includes a reasonable allowance for his labour;

"council" means a municipal or district council and includes any body corporate that is, by virtue of any Act, deemed to be, or vested with the powers of, a municipal or district council;

"court" means the Magistrates Court;

"Crown lands" means Crown lands within the meaning of the Crown Lands Act;

"dividing fence" means a fence dividing contiguous land of adjoining owners;

"fencing work" means the erection of a new dividing fence, or replacement, repair or maintenance work in relation to an existing dividing fence;

"owner"—

            (a)         in relation to land alienated from the Crown by grant, means the proprietor at law or in equity of—

                  (i)         an estate of fee simple in the land; or

                  (ii)         a life estate in the land; and

            (b)         in relation to land of the Crown subject to an agreement for sale, or a right of purchase, means the person entitled to the benefit of that agreement or right of purchase; and

            (c)         in relation to land held of the Crown under a lease, means the lessee; and

            (d)         in relation to land held of the Crown under a licence, the term of which exceeds twelve months, means the licensee,

and includes an occupier of land who, with the consent of the owner, carries out, or proposes to carry out, fencing work in relation to the land;

"proponent" and "adjoining owner" mean, respectively—

            (a)         the owner of land who proposes to erect a fence dividing his land from contiguous land, or to perform replacement, repair, or maintenance work in relation to such a fence; and

            (b)         the owner of that contiguous land;

"public road" means a road or thoroughfare to which the public has access;

"replacement, repair or maintenance work" means the replacement, repair or maintenance of the whole or any part of a fence and includes trimming or maintaining any vegetation that serves as a fence, and cleaning, deepening, straightening, enlarging or altering any watercourse, ditch or channel or other geographical configuration that serves as a fence;

"the repealed Act" means the Fences Act 1924 repealed by this Act.

        (2)         For the purposes of this Act land is contiguous with other land if—

            (a)         there is a common boundary between that land and the other land; or

            (b)         that land is separated from the other land by a right of way of no more than one metre in width.