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FENCES ACT 1968 - SECT 30F If adjoining owner defaults on agreement or order

FENCES ACT 1968 - SECT 30F

If adjoining owner defaults on agreement or order

    (1)     If an owner of land ( first owner ) fails to comply with a fencing notice agreement or an order made under this Act about fencing works and any subsidiary works within the time specified in the agreement or order, or, if there is no specified time, within 3 months after the making of the agreement or order, the owner of the adjoining land ("adjoining owner") may—

        (a)     carry out the fencing works and any subsidiary works; or

        (b)     recover from the first owner the amount that the first owner was liable to pay the adjoining owner under the fencing notice agreement or order.

    (2)     An adjoining owner who carries out fencing works and any subsidiary works under subsection (1)(a) may recover from the first owner the amount that the adjoining owner was liable to pay the first owner under the fencing notice agreement or order or otherwise under this Act.

S. 30G inserted by No. 30/2014 s. 6.