Victorian Consolidated Legislation

Fences Act 1968 - SECT 19

Liability for contribution respecting vermin-proof dividing fence

19. Liability for contribution respecting vermin-proof dividing fence



(1) Notwithstanding anything in this Act, where any adjoining lands are not
divided by a vermin-proof fence and the Minister on consideration of a
recommendation or report by any officer of the Department of Natural Resources
and Environment made after a personal inspection by such officer certifies in
writing that a vermin-proof fence is necessary, each of the occupiers of the
adjoining lands shall subject to subsections (2) and (3) be liable to
contribute in equal proportions-

   (a)  towards constructing a vermin-proof fence between such lands; or

   (b)  towards making vermin-proof any fence previously constructed between
        such lands; or

   (c)  towards maintaining and repairing any vermin-proof fence previously
        constructed between such lands.

(2) A copy of the certificate shall be served on each occupier personally or
by post.



(3) Any person who feels aggrieved by the certificate of the Minister may
within fourteen days of being served with a copy of the certificate lodge with
the Minister a statement of his objections thereto and the Minister upon
consideration of the objections may cancel or confirm the certificate.

(4) This section shall not apply to Crown lands or any land vested in a
Corporation under the Transport Act 1983 or the Road Management Act 2004 or a
passenger transport company within the meaning of that Act or in a rail
corporation within the meaning of the Rail Corporations Act 1996, or in any
"Authority" under the Water Act 1989.