Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the ACAT holds a hearing on an application for a new fence determination.
(2) The ACAT may determine—
(a) the nature of the fence that should be erected between the parcels of land occupied by the parties; and
(b) the line where the fence should be erected; and
(c) the party who should be responsible for erecting the fence; and
(d) the amount that should be contributed by the other party to the cost of erecting the fence; and
(e) how, and by when, the amount should be paid to the party responsible for erecting the fence.
(3) If a party asks the ACAT to determine that a basic fence is to be erected between the parcels of land to which the application relates, the ACAT must not require the party to contribute more than ½ the cost of erecting a basic fence between the parcels.
(4) Subsection (3) does not apply in relation to parcels of land if the ACAT is satisfied that—
(a) it is not practicable for a basic fence to be erected between the parcels of land; or
(b) there are special circumstances that require a fence, other than a basic fence, to be erected.