Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 13

13 Meaning of sufficient dividing fence

(1) A dividing fence is a
"sufficient dividing fence" if—

(a) for adjoining land consisting of 2 parcels of residential land, the dividing fence—

(i) is between a minimum of 0.5m and a maximum of 1.8m in height; and

(ii) consists substantially of prescribed material; or

(b) for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or

(c) in any case—

(i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or

(ii) QCAT decides the dividing fence is a sufficient dividing fence.

(2) For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence.

(3) In this section—

"prescribed material" , for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law—

(a) wood, including timber palings and lattice panels;

(b) chain wire;

(c) metal panels or rods;

(d) bricks;

(e) rendered cement;

(f) concrete blocks;

(g) hedge or other vegetative barrier;

(h) other material of which a dividing fence is ordinarily constructed.