FENCES ACT 1968

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title and commencement  
• 3 Definitions  
• 4 Meaning of owner  
• 5 Meaning of reasonable inquiries  
• 6 When is a dividing fence a sufficient dividing fence?  

PART 2--CONTRIBUTING TO FENCES

• 7 General principle—owners are liable to contribute in equal proportions to a sufficient dividing fence  
• 8 Fences of a greater standard than sufficient dividing fences  
• 9 Owners who damage or destroy a dividing fence  
• 10 Circumstances where long-term tenants may be liable to contribute to fencing works  

PART 3--PROCEDURES

Division 1--Procedure for fencing works

• 11 Meaning of adjoining owner and notifying owner in Division 1  
• 12 Owners must not undertake fencing works unless in accordance with an agreement or otherwise in accordance with this Act  
• 13 Seeking agreement to proposed fencing works under the Act—giving a fencing notice  
• 14 Owner must make reasonable inquiries to locate adjoining owner  
• 15 Additional notices where a long-term tenant may be liable to contribute  
• 16 Owners may agree on a fence line other than common boundary where waterway or other obstruction  
• 17 Procedure if adjoining owner responds but owners do not agree  
• 18 Procedure if long-term tenant responds but does not agree  
• 19 Procedure if adjoining owner has not responded or cannot be located  
• 20 Procedure if long-term tenant has not responded  
• 21 Recovering contributions from owner of adjoining land for works commenced under section 19  
• 22 Recovering contributions from long-term tenant for works commenced under section 20  

Division 2--Procedure for urgent fencing works

• 23 Urgent fencing works may be carried out  
• 24 Requiring an owner to contribute to urgent fencing works once complete  
• 25 Procedure if adjoining owner responds to urgent fencing notice but does not agree  
• 26 Procedure if adjoining owner does not respond to urgent fencing notice  

Division 3--Process if common boundary not agreed

• 27 Meaning of adjoining owner and notifying owner in Division 3  
• 28 Boundary survey notice  
• 29 Response to boundary survey notice  
• 30 Boundary survey  
• 30A Contributions to boundary survey  
• 30B Right to file complaint in Magistrates' Court suspended while common boundary established  

PART 4--RESOLVING FENCING DISPUTES

• 30C Orders about fencing works  
• 30D Orders about fencing works—long-term tenants  
• 30E Adverse possession claims arising from fencing disputes  
• 30F If adjoining owner defaults on agreement or order  
• 30G Recovery of money—landlord against long-term tenant who is liable  
• 30H Recovery of money for a dividing fence where unalienated Crown land is first acquired  
• 30I Substantial failure to comply required  

PART 5--GENERAL PROVISIONS

• 31 Act not to apply to unalienated Crown lands  
• 32 Placement of rails and framing  
• 33 Right to access adjoining land to undertake fencing works  
• 34 Act not to affect agreements, other laws etc  
• 35 No entitlement to possession if fence not on common boundary because of waterways and other obstructions  
• 36 Act does not apply in certain circumstances—owners corporations  
• 37 Giving notices under this Act  
• 38 Regulations  
• 39 Transitional provisions  
ENDNOTES