FENCES ACT 1968 - SECT 15 Additional notices where a long-term tenant may be liable to contribute

FENCES ACT 1968 - SECT 15

    (1)     If a notifying owner requires a long-term tenant of the notifying owner's land for which the fencing notice is given to contribute under this Act to the fencing works and any subsidiary works referred to in the fencing notice, the notifying owner must, on the same day the fencing notice is given to the adjoining owner—

        (a)     give a copy of the fencing notice to the long-term tenant; and

        (b)     give the long-term tenant a notice, in writing—

              (i)     seeking the long-term tenant's agreement to the proposed fencing works and any subsidiary works referred to in the fencing notice (but not to any matters set out in the fencing notice under section 13(3)(d)) and requiring the long-term tenant to contribute; and

              (ii)     estimating the amount that the long-term tenant will be required to contribute; and

        (c)     give the adjoining owner a notice, in writing, stating that there is a long-term tenant who is liable to contribute to fencing works and any subsidiary works under this Act.

    (2)     If an adjoining owner receives a fencing notice for the adjoining owner's land and the adjoining owner requires a long-term tenant of the adjoining owner's land to contribute under this Act to the fencing works and any subsidiary works referred to in the fencing notice, the adjoining owner must, as soon as practicable after receiving the notice—

        (a)     give a copy of the fencing notice to the long-term tenant; and

        (b)     give the long-term tenant a notice, in writing—

              (i)     seeking the long-term tenant's agreement to the proposed fencing works and any subsidiary works referred to in the fencing notice (but not to any matters set out in the fencing notice under section 13(3)(d)) and requiring the long-term tenant to contribute; and

              (ii)     estimating the amount that the long-term tenant will be required to contribute; and

        (c)     give the notifying owner a notice, in writing, stating that there is a long-term tenant who is liable to contribute to fencing works and any subsidiary works under this Act.

    (3)     Any notice under this section may be in the prescribed form.

Note

Section 10 sets out the circumstances in which long-term tenants may be liable to contribute to fencing works and any subsidiary works.

S. 16 substituted by No. 30/2014 s. 6.