Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 11

    (1)     This section applies if the ACAT holds a hearing on an application for a repair determination.

    (2)     The ACAT must determine if the fence to which the application relates is in need of repair or replacement.

    (3)     If the ACAT determines that the fence is in need of repair or replacement, the ACAT may determine—

        (a)     whether the party other than the applicant should be required to contribute to the cost of the repair or replacement of the fence; and

        (b)     the nature of the repair that is required or the nature of the replacement fence that should be erected; and

        (c)     the line where the fence should be erected; and

        (d)     the party who should be responsible for the repair or replacement; and

        (e)     the amount that should be contributed by the other party to the cost of the repair or replacement; and

        (f)     how, and by when, the amount should be paid to the party responsible for the repair or replacement.

    (4)     For the purpose of determining the amount that should be contributed under subsection (3) (e), the ACAT must apply the principle that the cost should be borne by the parties in equal proportions unless there are circumstances that make it just that 1 party bears a greater proportion of the cost than the other party.