FENCES ACT 1968 - SECT 30H Recovery of money for a dividing fence where unalienated Crown land is first acquired

FENCES ACT 1968 - SECT 30H

    (1)     If an owner carries out fencing works and any subsidiary works for a dividing fence and the adjoining land is unalienated Crown land, the owner may recover half of the value of the existing dividing fence from any person who later becomes the owner of the adjoining land by giving that person notice under this section.

    (2)     A notice under this section must be in writing and contain the following information—

        (a)     a statement of the value of the dividing fence; and

        (b)     the amount that the owner to whom the notice is addressed is required to contribute.

    (3)     An owner who gives notice under this section must do so within 6 months after the day on which the owner to whom the notice is given acquired the land.

    (4)     Either owner may seek an order under section 30C by filing a complaint in the Magistrates' Court if, after 30 days from the day that an owner gave a notice under this section, the owners have not agreed about either of the following—

        (a)     whether an owner is liable, under this Act, to contribute to fencing works and any subsidiary works;

        (b)     the way in which contributions for the fencing works and any subsidiary works are to be apportioned or reapportioned or the amount that each owner is liable to pay for the works.

    (5)     An owner must not give notice under this section unless—

        (a)     at the time the notice is given, the dividing fence in respect of which the fencing works and any subsidiary works were carried out is in existence; and

        (b)     at or before the time the notice is given, the owner who gives the notice has not received contributions for the fencing works and any subsidiary works.

S. 30I inserted by No. 30/2014 s. 6.