FENCES ACT 1968 - SECT 10 Circumstances where long-term tenants may be liable to contribute to fencing works
FENCES ACT 1968 - SECT 10
Circumstances where long-term tenants may be liable to contribute to fencing works(1) Despite section 7 and subject to subsection (3), a tenant of land is liable to the owner of land the tenant leases to contribute to fencing works and any subsidiary works for a sufficient dividing fence for the land as set out in subsection (2).
(2) If the owner gives or receives a fencing notice in respect of the land the tenant leases and, if on the day the owner gives or receives the fencing notice—
(a) the tenant's lease has an unexpired term of 5 years or more, but not more than 10 years—the tenant is liable for 50% of the amount that the owner of the land the tenant leases is liable to contribute to the fencing works and any subsidiary works; or
(b) the tenant's lease has an unexpired term of more than 10 years—the tenant is liable for the entire amount that the owner of the land the tenant leases is liable to contribute to the fencing works and any subsidiary works.
(3) A tenant is not liable to contribute to fencing works and any subsidiary works unless—
(a) the tenant is notified under section 15; and
(b) the owner who gives a fencing notice is seeking a contribution from the owner of the adjoining land.
(4) This section does not apply to any of the following—
S. 10(4)(a) amended by No. 45/2018 s. 372.
(a) a renter under a residential rental agreement to which the Residential Tenancies Act 1997 applies;
(b) a tenant under a retail premises lease to which the Retail Leases Act 2003 applies;
(c) a tenant under a lease agreement
that provides for contributions to fencing works and any subsidiary works
(whether or not the tenant is liable to contribute under the lease).
Pt 2 (Heading and ss 14– 16) amended by Nos 7876 s. 2(3), 9019 s. 2(1)(Sch. item 68), 57/1989 s. 3(Sch. items 70.10–70.12), substituted as Pt 3 (Headings and ss 11– 30B) by No. 30/2014 s. 6.
Part 3—Procedures
Division 1—Procedure for fencing works
New s. 11 inserted by No. 30/2014 s. 6.