Victorian Consolidated Legislation

FENCES ACT 1968

No. 7733 of 1968
Version incorporating amendments as at 7 December 2007

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Schedule of repeals
   3.      Definitions

   PART I-CONSTRUCTION OF DIVIDING FENCES

   4.      Liability of occupiers of adjoining lands to fence despite agreements
   5.      Where watercourse is natural boundary, occupiers may agree on line of fence
   6.      Service of notice to fence
   7.      In default of agreement, Court or arbitrator may decide
   8.      Person may construct fence and recover contribution
   9.      Notice to fence when occupier unavailable
   10.     Apportionment of cost of fencing between landlord and tenant
   11.     Tenant to pay certain sums to landlord
   12.     Recovery of one-half of value of fence dividing unalienated
           land
   13.     Occupier may construct fence on boundary with road

   PART II-MAINTENANCE AND REPAIRS OF FENCES

   14.     Occupiers to repair dividing fence
   15.     Procedure for compelling repairs, or contribution to repairs
   16.     In default of agreement, Court may determine contributions

   PART III-SPECIAL PROVISIONS RELATING TO VERMIN PROOF FENCES

   17.     Definition of vermin-proof fence
   18.     Power to Governor in Council to proclaim vermin-proof fence
   19.     Liability for contribution respecting vermin-proof dividing
           fence
   20.     Notice to fence to specify proposed kind of vermin-proof fence
   21.     Making a fence vermin-proof to be deemed constructing a vermin-proof fence
   22.     No contribution in case of certain kinds of fence
   23.     Recovery of one-half of value of vermin-proof fence dividing unalienated land
   24.     Proportion of contribution to vermin-proof fence a charge on land until paid
   25.     Part II to apply to vermin-proof fences
   26.     Penalty for destroying etc. another person's vermin-proof fence
   27.     Penalty for setting traps etc. for hares or rabbits within
           11 metres of vermin-proof fence

   PART IV-PROCEEDINGS FOR THE RECOVERY OF CONTRIBUTIONS

   28.     From whom moneys recoverable under this Act
   29.     Proceedings to be before Magistrates' Court

   PART V-GENERAL PROVISIONS

   30.     Act not to interfere with agreements etc.
   31.     Act not to apply to unalienated Crown lands
   32.     Persons constructing or repairing fences can enter upon adjoining lands
   33.     Landlord may defend proceeding against tenant

   PART VI-Repealed

           34-37. Repealed
           __________________
           SCHEDULE-Repeals
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details