Australian Capital Territory Current Acts

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COMMON BOUNDARIES ACT 1981 - SECT 12

ACAT powers—repair cost determination

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

    (2)     The ACAT must determine whether it is reasonable for the party other than the applicant to be required to contribute to the cost of the repair or replacement by the applicant.

    (3)     If the ACAT determines that it is reasonable for the party to be required to contribute to the cost of the repair or replacement, the ACAT must also determine—

        (a)     the amount that should be contributed; and

        (b)     how, and by when, the amount should be paid to the applicant.

    (4)     For the purpose of determining the amount that should be contributed under subsection (3) (a), 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.



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