Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 13

    (1)     This section applies if the ACAT holds a hearing on an application for an unleased land 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 applicant erecting the fence.

    (3)     If the ACAT determines that it is reasonable for the party to contribute to the cost, 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 subsection (3) (a), the amount must be—

        (a)     if the adjoining land became a parcel of land for this division less than 6 months after the applicant began erecting the fence—the lesser of the following:

    (i)     ¹ / 2 the cost of erecting the fence;

    (ii)     ¹ / 2 of what it would have cost to erect a basic fence; and

        (b)     if the adjoining land became a parcel of land for this division 6 months or more after the applicant began erecting the fence—a reasonable amount that is not more than the lesser of the following:

    (i)     ¹ / 2 the cost of erecting the fence;

              (ii)     ¹ / 2 of what it would have cost to erect a basic fence.