Australian Capital Territory Current Acts

COMMON BOUNDARIES ACT 1981 - SECT 6

    (1)     This section applies if—

        (a)     a fence between adjoining parcels of land has been damaged or destroyed; and

        (b)     the fence needs to be repaired or replaced without delay to protect people lawfully at premises on 1 of the parcels or to prevent the escape of animals.

    (2)     The occupier of either parcel may, without giving notice to the occupier of the adjoining parcel, repair or replace the fence.

    (3)     The occupier who repairs or replaces a fence under subsection (2) may apply to the ACAT for a repair cost determination.

Note     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

for the application, the form must be used.

    (4)     However, the occupier must not apply to the ACAT unless—

        (a)     the occupier has given the occupier of the adjoining parcel (the  other occupier ) a notice asking the other occupier to discuss contributing to the cost of repairing or replacing the fence; and

        (b)     14 days have passed since the day the occupier gave the notice to the other occupier.

Note     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

for the notice, the form must be used.

    (5)     In this section:

"people lawfully at premises" includes a person—

        (a)     living in the premises; or

        (b)     invited to visit the premises by a person living in the premises; or

        (c)     otherwise lawfully entitled to be at the premises.