Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 26A

    (1)     This section applies if—

        (a)     the occupier of land (the clearing occupier ) clears the land of flammable materials for the space of 6m from a fence (a  dividing fence ) dividing the land from the land of another owner or occupier; and

        (b)     the other owner or occupier (the non-clearer ) neglects or omits to clear the owner or occupier's land; and

        (c)     damage from fire happens to the dividing fence because of the neglect or omission.

    (2)     The non-clearer must, at the non-clearer's expense, arrange for the dividing fence to be repaired or replaced within—

        (a)     1 month after the day it is damaged; or

        (b)     if the ACAT extends the time to repair or replace the fence—the extended time.

    (3)     If the non-clearer applies for an extension of time to repair or replace the dividing fence, the non-clearer must give the clearing occupier reasonable notice of the application.

    (4)     If the non-clearer refuses or omits to repair or replace the dividing fence within the time required under subsection (2), the clearing occupier may repair or replace the fence.

    (5)     An amount incurred by the clearing occupier repairing or replacing the dividing fence is taken to be an amount owing to the clearing occupier by the non-clearer.