Victorian Consolidated Legislation

Fences Act 1968 - SECT 13

Occupier may construct fence on boundary with road

13. Occupier may construct fence on boundary with road



(1) If the occupier of any land bounded by a road within a municipal district
desires to plant a live fence on the common boundary of his land and the road
and for that purpose to construct a temporary fence upon such road he shall
give notice in writing of his desire to the municipal council for that
municipal district describing the proposed fence and its proposed position.

(2) The Magistrates' Court, within one month after the service of any notice
on a municipal council under subsection (1), on the complaint of and good and
sufficient cause shown by the municipal council, may order the occupier
serving such notice not to proceed with the construction of the temporary
fence.

(3) If within one month after the service of such notice the occupier is not
served with an order of the Magistrates' Court prohibiting the construction of
the temporary fence, the occupier may at any time not exceeding six months
after the service of the notice proceed to construct the temporary fence in
compliance with the following conditions-

   (a)  no part of the temporary fence shall be more than 1×83 metres distant
        from the nearest point on the boundary of his land; and



   (b)  the width of the road available for traffic after the construction of
        the temporary fence shall not in any place where the road is reduced
        by the construction of the temporary fence be less than 9×15 metres.

(4) If the occupier after the construction of the temporary fence forthwith
proceeds to plant a live fence on the boundary of his land and the road, and
afterwards constantly and with all proper diligence protects it from injury,
he may maintain the temporary fence on the road for a period not exceeding
four years, or such longer period as the municipal council in writing allows,
until the live fence becomes a fence sufficient for the purposes of the
occupier.

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