FENCES ACT 1968 - SECT 3 Definitions

FENCES ACT 1968 - SECT 3

In this Act—

"adjoining land" in relation to an area of land, means land that shares a common boundary with the area of land;

"agricultural land" means land used primarily for agricultural or pastoral purposes, regardless of whether the land is also used for commercial or residential purposes;

"authorised fencing works" means fencing works and any subsidiary works carried out as provided for in section 12(1)(a), (b), (c) or (d);

"boundary survey notice" means a notice of intention to have a common boundary defined given under section 28;

"commercial land" means land used primarily for commercial purposes, regardless of whether the land is also used for agricultural or residential purposes;

"common property" has the same meaning as in the Owners Corporations Act 2006 ;

"corporation" means any body corporate whether formed within or out of Victoria;

"dividing fence" means a fence that—

        (a)     is located on the common boundary of adjoining lands (whether or not it is continuous or extends along the entire length of the adjoining lands); or

        (b)     is not located on the common boundary of adjoining lands, but the purpose of which is to separate adjoining lands (whether or not it is continuous or extends along the entire length of the adjoining lands);

"fence" means a structure, ditch or embankment, or hedge or similar vegetative barrier, that encloses or bounds land, and—

        (a)     includes the following—

              (i)     any gate, cattle grid or apparatus necessary for the operation of the fence;

              (ii)     any foundation or support built solely for the support and maintenance of the fence;

        (b)     does not include the following—

              (i)     any retaining wall;

              (ii)     any wall that is part of a house, garage or other building;

"fencing notice" means a notice of proposed fencing works given in accordance with section 13;

"fencing notice agreement" means an agreement between owners of adjoining lands, or owners of adjoining lands and long-term tenants (as the case requires), about proposed fencing works and any subsidiary works to be undertaken, that is reached after a fencing notice has been given to one of the owners;

"fencing works" means any one or more of the following—

        (a)     the construction, replacement, repair, demolition, removal or maintenance of the whole or part of a dividing fence;

        (b)     the planting, replanting, repair or maintenance of a hedge or similar vegetative barrier that is the whole or part of a dividing fence;

        (c)     the cleaning, deepening, enlargement, repair or alteration of a ditch or embankment that is the whole or part of a dividing fence;

"incorporated association" has the same meaning as in the Associations Incorporation Reform Act 2012 ;

"licensed surveyor" has the same meaning as in the Surveying Act 2004 ;

"long-term tenant" means a tenant under a lease with an unexpired term referred to in section 10(2)(a) or (b);

"lot affected by an owners corporation" has the same meaning as in the Owners Corporations Act 2006 ;

S. 3 def. of municipal council amended by No. 9/2020 s. 390(Sch.  1 item 37).

"municipal council" has the same meaning as Council has in the Local Government Act 2020 ;

"owner" has the meaning given in section 4;

"owners corporation" has the same meaning as in the Owners Corporations Act 2006 ;

reasonable inquiries has the meaning given in section 5 ;

"Registrar" has the same meaning as in the Transfer of Land Act 1958 ;

"residential land" means land that is used primarily for residential purposes, regardless of whether the land is also used for agricultural or commercial purposes;

"subsidiary works" means any one or more of the following—

        (a)     the design of a dividing fence;

        (b)     the preparation or clearing of land for the purpose of fencing works;

        (c)     the surveying and marking of the common boundary of adjoining lands or other proposed line of fence for the purpose of fencing works;

        (d)     obtaining an approval required for the purpose of fencing works;

        (e)     using temporary barriers as a dividing fence until the completion of fencing works or work as described in paragraph (b);

"traditional owner group entity" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"urgent fencing notice" means a notice given under section 24.

New s. 4 inserted by No. 30/2014 s. 5.