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Fences Amendment Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE FENCES ACT 1968 3
3 Insertion of heading 3
PART 1--PRELIMINARY" 3
4 Section 2 repealed 3
5 Section 3 substituted and new sections 4, 5 and 6 inserted 3
3 Definitions 3
4 Meaning of owner 7
5 Meaning of reasonable inquiries 9
6 When is a dividing fence a sufficient dividing fence? 10
6 Parts I, II, III and IV substituted 11
PART 2--CONTRIBUTING TO FENCES 11
7 General principle--owners are liable to contribute in
equal proportions to a sufficient dividing fence 11
8 Fences of a greater standard than sufficient dividing
fences 12
9 Owners who damage or destroy a dividing fence 13
10 Circumstances where long-term tenants may be liable
to contribute to fencing works 14
PART 3--PROCEDURES 15
Division 1--Procedure for fencing works 15
11 Meaning of adjoining owner and notifying owner in
Division 1 15
12 Owners must not undertake fencing works unless in
accordance with an agreement or otherwise in
accordance with this Act 16
13 Seeking agreement to proposed fencing works under
the Act--giving a fencing notice 16
i
Clause Page
14 Owner must make reasonable inquiries to locate
adjoining owner 19
15 Additional notices where a long-term tenant may be
liable to contribute 19
16 Owners may agree on a fence line other than common
boundary where waterway or other obstruction 21
17 Procedure if adjoining owner responds but owners do
not agree 22
18 Procedure if long-term tenant responds but does not
agree 22
19 Procedure if adjoining owner has not responded or
cannot be located 23
20 Procedure if long-term tenant has not responded 23
21 Recovering contributions from owner of adjoining
land for works commenced under section 19 24
22 Recovering contributions from long-term tenant for
works commenced under section 20 24
Division 2--Procedure for urgent fencing works 25
23 Urgent fencing works may be carried out 25
24 Requiring an owner to contribute to urgent fencing
works once complete 26
25 Procedure if adjoining owner responds to urgent
fencing notice but does not agree 27
26 Procedure if adjoining owner does not respond to
urgent fencing notice 28
Division 3--Process if common boundary not agreed 28
27 Meaning of adjoining owner and notifying owner in
Division 3 28
28 Boundary survey notice 28
29 Response to boundary survey notice 29
30 Boundary survey 30
30A Contributions to boundary survey 30
30B Right to file complaint in Magistrates' Court
suspended while common boundary established 31
PART 4--RESOLVING FENCING DISPUTES 31
30C Orders about fencing works 31
30D Orders about fencing works--long-term tenants 34
30E Adverse possession claims arising from fencing
disputes 34
30F If adjoining owner defaults on agreement or order 35
30G Recovery of money--landlord against long-term
tenant who is liable 36
ii
Clause Page
30H Recovery of money for a dividing fence where
unalienated Crown land is first acquired 36
30I Substantial failure to comply required 38
7 Heading to Part V amended 38
8 Section 30 repealed 38
9 Act not to apply to unalienated Crown lands 38
10 Sections 32 and 33 substituted and new sections 34 to 39
inserted 39
32 Placement of rails and framing 39
33 Right to access adjoining land to undertake fencing
works 40
34 Act not to affect agreements, other laws etc 40
35 No entitlement to possession if fence not on common
boundary because of waterways and other
obstructions 40
36 Act does not apply in certain circumstances--owners
corporations 41
37 Giving notices under this Act 42
38 Regulations 43
39 Transitional provisions 44
11 Repeal of Schedule 44
PART 3--AMENDMENTS TO OTHER ACTS 45
12 Crown Land (Reserves) Act 1978 45
13 Emerald Tourist Railway Act 1977 45
14 Land Act 1958 46
15 Zoological Parks and Gardens Act 1995 46
PART 4--REPEAL OF AMENDING ACT 47
16 Repeal of amending Act 47
ENDNOTES 48
iii
Fences Amendment Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Fences Act 1968--
(i) to provide a procedure for the sharing
of costs between neighbours for the
construction and repair of dividing
fences; and
1
Fences Amendment Act 2014
No. of 2014
Part 1--Preliminary
s. 2
(ii) to provide a mechanism for the
resolution of disputes about dividing
fences; and
(iii) to provide for other matters relating to
dividing fences; and
(b) to make consequential amendments to the
Crown Land (Reserves) Act 1978, the
Emerald Tourist Railway Act 1977, the
Land Act 1958 and the Zoological Parks
and Gardens Act 1995.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 December 2014, it comes into
operation on that day.
__________________
2
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 3
PART 2--AMENDMENTS TO THE FENCES ACT 1968
3 Insertion of heading
Before section 1 of the Fences Act 1968 insert-- See:
Act No.
7733.
"PART 1--PRELIMINARY". Reprint No. 6
as at
18 February
1999
and
amending
Act Nos
74/2000,
12/2004,
63/2006 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
4 Section 2 repealed
Section 2 of the Fences Act 1968 is repealed.
5 Section 3 substituted and new sections 4, 5 and 6
inserted
For section 3 of the Fences Act 1968
substitute--
"3 Definitions
In this Act--
adjoining land in relation to an area of land,
means land that shares a common
boundary with the area of land;
agricultural land means land used primarily
for agricultural or pastoral purposes,
regardless of whether the land is also
used for commercial or residential
purposes;
3
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 5
authorised fencing works means fencing
works and any subsidiary works carried
out as provided for in section 12(1)(a),
(b), (c) or (d);
boundary survey notice means a notice of
intention to have a common boundary
defined given under section 28;
commercial land means land used primarily
for commercial purposes, regardless of
whether the land is also used for
agricultural or residential purposes;
common property has the same meaning as
in the Owners Corporations Act
2006;
corporation means any body corporate
whether formed within or out of
Victoria;
dividing fence means a fence that--
(a) is located on the common
boundary of adjoining lands
(whether or not it is continuous or
extends along the entire length of
the adjoining lands); or
(b) is not located on the common
boundary of adjoining lands, but
the purpose of which is to separate
adjoining lands (whether or not it
is continuous or extends along the
entire length of the adjoining
lands);
fence means a structure, ditch or
embankment, or hedge or similar
vegetative barrier, that encloses or
bounds land, and--
4
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No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 5
(a) includes the following--
(i) any gate, cattle grid or
apparatus necessary for the
operation of the fence;
(ii) any foundation or support
built solely for the support
and maintenance of the
fence;
(b) does not include the following--
(i) any retaining wall;
(ii) any wall that is part of a
house, garage or other
building;
fencing notice means a notice of proposed
fencing works given in accordance with
section 13;
fencing notice agreement means an
agreement between owners of adjoining
lands, or owners of adjoining lands and
long-term tenants (as the case requires),
about proposed fencing works and any
subsidiary works to be undertaken, that
is reached after a fencing notice has
been given to one of the owners;
fencing works means any one or more of the
following--
(a) the construction, replacement,
repair, demolition, removal or
maintenance of the whole or part
of a dividing fence;
(b) the planting, replanting, repair or
maintenance of a hedge or similar
vegetative barrier that is the whole
or part of a dividing fence;
5
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Part 2--Amendments to the Fences Act 1968
s. 5
(c) the cleaning, deepening,
enlargement, repair or alteration
of a ditch or embankment that is
the whole or part of a dividing
fence;
incorporated association has the same
meaning as in the Associations
Incorporation Reform Act 2012;
licensed surveyor has the same meaning as
in the Surveying Act 2004;
long-term tenant means a tenant under a
lease with an unexpired term referred to
in section 10(2)(a) or (b);
lot affected by an owners corporation has
the same meaning as in the Owners
Corporations Act 2006;
municipal council has the same meaning as
Council has in the Local Government
Act 1989;
owner has the meaning given in section 4;
owners corporation has the same meaning as
in the Owners Corporations Act
2006;
reasonable inquiries has the meaning given
in section 5;
Registrar has the same meaning as in the
Transfer of Land Act 1958;
residential land means land that is used
primarily for residential purposes,
regardless of whether the land is also
used for agricultural or commercial
purposes;
6
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Part 2--Amendments to the Fences Act 1968
s. 5
subsidiary works means any one or more of
the following--
(a) the design of a dividing fence;
(b) the preparation or clearing of land
for the purpose of fencing works;
(c) the surveying and marking of the
common boundary of adjoining
lands or other proposed line of
fence for the purpose of fencing
works;
(d) obtaining an approval required for
the purpose of fencing works;
(e) using temporary barriers as a
dividing fence until the
completion of fencing works or
work as described in
paragraph (b);
traditional owner group entity has the same
meaning as in the Traditional Owner
Settlement Act 2010;
urgent fencing notice means a notice given
under section 24.
4 Meaning of owner
(1) For the purposes of this Act, owner means
the following--
(a) for land under the Transfer of Land
Act 1958 (other than land in an
identified folio under that Act), the
registered proprietor of the fee simple
in the land, or a person who is
empowered by or under an Act to
execute a transfer of the land;
7
Fences Amendment Act 2014
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Part 2--Amendments to the Fences Act 1968
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(b) for land in an identified folio under the
Transfer of Land Act 1958 or land not
under the Transfer of Land Act 1958
but in respect of which the grant of an
estate in fee simple has been made, a
person who has an estate in fee simple
in the land (except a mortgagee), or
who is empowered by or under an Act
to convey an estate in fee simple in the
land;
(c) the holder of a right to occupy a
residence area in respect of land under
the Land Act 1958 whether or not
covered by a mining licence under the
Mineral Resources (Sustainable
Development) Act 1990;
(d) for land to which paragraphs (a), (b)
and (c) and subsection (3) do not apply
that is alienated from the Crown by
grant of a lease or licence, the holder of
that lease or licence.
(2) Despite subsection (1), owner does not
include any of the following--
(a) a person in the occupation of or entitled
to occupy land under a licence under
the Mineral Resources (Sustainable
Development) Act 1990;
(b) a person in the occupation of land held
by yearly licence under any Act relating
to the sale and occupation of Crown
lands;
(c) a municipal council, trustee or other
person or body in respect of land
owned by or vested in, or under the
care, control or management of, the
municipal council, trustee, person or
8
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 5
body for the purposes of a public park
or public reserve;
(d) a traditional owner group entity to
whom the Governor in Council has
granted an estate in fee simple in land
under section 19 of the Traditional
Owner Settlement Act 2010 in
relation to that land.
Note
In section 16, the term owner includes the persons
referred to in paragraph (c).
(3) Despite subsection (1), if an area of land is
common property for which an owners
corporation is responsible, the owners
corporation is taken to be the owner of the
area of land for the purposes of this Act.
Note
Subsection (3) does not apply to an area of land which
is a lot affected by an owners corporation. In this
case, the owner of the lot is the owner of the area for
the purposes of this Act.
5 Meaning of reasonable inquiries
For the purposes of this Act, reasonable
inquiries may include (but are not limited to)
the following actions--
(a) making inquiries of any persons who
occupy the adjoining land or land near
the adjoining land about the
whereabouts of the owner of the
adjoining land;
(b) making inquiries of the municipal
council in which the adjoining land is
located about the whereabouts of the
owner of the adjoining land.
9
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 5
6 When is a dividing fence a sufficient
dividing fence?
(1) For the purposes of this Act, in determining
whether a dividing fence is a sufficient
dividing fence regard must be had to the
following--
(a) the existing dividing fence (if any);
(b) the purposes for which the owners of
the adjoining lands use or intend the
lands to be used;
(c) the reasonable privacy concerns of the
owners of the adjoining lands;
(d) the types of dividing fences used in the
locality;
(e) any policy or code relating to dividing
fences adopted by the municipal
council of the area in which the
adjoining lands are situated;
(f) any relevant planning instruments
relating to the adjoining lands or to the
locality in which the lands are situated;
(g) any relevant building laws relating to
the adjoining lands and the carrying out
of fencing works and any subsidiary
works;
(h) the existence of any agreements or
covenants that are relevant to the
adjoining lands;
(i) the duties (if any) of an owner of land
under the Catchment and Land
Protection Act 1994 to control pest
animals;
10
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(j) the need for a dividing fence, having
regard to any existing waterway or
obstruction (whether natural or
manmade) that is on, or forms, the
common boundary between adjoining
lands.
(2) Despite subsection (1), if different standards
of dividing fence are required for different
purposes, a sufficient dividing fence for
those lands is the lesser standard of fence.
(3) Despite this section, if agricultural land
shares a common boundary with residential
land, a sufficient dividing fence for those
lands is a dividing fence that would be a
sufficient dividing fence for agricultural
lands.
Note
Section 7 provides for the liability of owners in respect of
sufficient dividing fences.".
6 Parts I, II, III and IV substituted
For Parts I, II, III and IV of the Fences Act 1968
substitute--
"PART 2--CONTRIBUTING TO FENCES
7 General principle--owners are liable to
contribute in equal proportions to a
sufficient dividing fence
(1) If there is no dividing fence between
adjoining lands, the owners of the adjoining
lands are liable to contribute in equal
proportions to fencing works and any
subsidiary works for the construction of a
sufficient dividing fence for the adjoining
lands.
11
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(2) If there is a dividing fence between adjoining
lands for which fencing works and any
subsidiary works are required so that the
dividing fence would be a sufficient dividing
fence, the owners of the adjoining lands are
liable to contribute in equal proportions to
the fencing works and any subsidiary works
for a sufficient dividing fence.
(3) Nothing in this section prevents owners
agreeing to contribute in other proportions to
the fencing works and any subsidiary works
for a sufficient dividing fence.
8 Fences of a greater standard than
sufficient dividing fences
(1) If fencing works and any subsidiary works
are required for a dividing fence between
adjoining lands (including the construction
of the fence) and an owner of one of the
adjoining lands requires a fence that is
greater than the standard for a sufficient
dividing fence, that owner is liable for the
entire cost of the fencing works and any
subsidiary works so far as they exceed the
standard for a sufficient dividing fence.
(2) If fencing works and any subsidiary works
are required for a dividing fence between
adjoining lands and there is a dividing fence
between the adjoining lands that was
constructed to a standard that is greater than
that for a sufficient dividing fence, the owner
of the land for which the greater standard of
dividing fence was required is liable for the
entire cost of the fencing works and any
subsidiary works so far as they exceed the
standard for a sufficient dividing fence.
12
Fences Amendment Act 2014
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Part 2--Amendments to the Fences Act 1968
s. 6
(3) Nothing in this section prevents owners
agreeing to contribute in other proportions to
the fencing works and any subsidiary works
for a dividing fence that is of a standard
greater than the standard for a sufficient
dividing fence.
9 Owners who damage or destroy a dividing
fence
(1) An owner of land is liable for the entire cost
of fencing works and any subsidiary works
to repair or replace a dividing fence that
separates the land and the adjoining land if
the dividing fence is damaged or destroyed
by a negligent or deliberate act by--
(a) the owner; or
(b) a person who has entered the land with
the express or implied consent of the
owner.
Note
Causes of damage or destruction of dividing fences
may include creepers, the piling of soil against fences
or the attachment of objects such as clotheslines to
dividing fences.
(2) Subsection (1) does not apply to the damage
or destruction caused in the course of
authorised fencing works.
(3) To avoid doubt, the damage or destruction of
a fence by a negligent or deliberate act
includes the damage or destruction of a
dividing fence that occurs in the course of
developing land.
(4) To avoid doubt, subsection (1) does not
affect any rights of an owner of land who is
liable under that subsection against the
person who caused the damage or
destruction of the dividing fence.
13
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
10 Circumstances where long-term tenants
may be liable to contribute to fencing
works
(1) Despite section 7 and subject to
subsection (3), a tenant of land is liable to
the owner of land the tenant leases to
contribute to fencing works and any
subsidiary works for a sufficient dividing
fence for the land as set out in subsection (2).
(2) If the owner gives or receives a fencing
notice in respect of the land the tenant leases
and, if on the day the owner gives or receives
the fencing notice--
(a) the tenant's lease has an unexpired term
of 5 years or more, but not more than
10 years--the tenant is liable for 50%
of the amount that the owner of the land
the tenant leases is liable to contribute
to the fencing works and any subsidiary
works; or
(b) the tenant's lease has an unexpired term
of more than 10 years--the tenant is
liable for the entire amount that the
owner of the land the tenant leases is
liable to contribute to the fencing works
and any subsidiary works.
(3) A tenant is not liable to contribute to fencing
works and any subsidiary works unless--
(a) the tenant is notified under section 15;
and
(b) the owner who gives a fencing notice is
seeking a contribution from the owner
of the adjoining land.
14
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No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(4) This section does not apply to any of the
following--
(a) a tenant under a tenancy agreement to
which the Residential Tenancies Act
1997 applies;
(b) a tenant under a retail premises lease to
which the Retail Leases Act 2003
applies;
(c) a tenant under a lease agreement that
provides for contributions to fencing
works and any subsidiary works
(whether or not the tenant is liable to
contribute under the lease).
__________________
PART 3--PROCEDURES
Division 1--Procedure for fencing works
11 Meaning of adjoining owner and notifying
owner in Division 1
In this Division--
adjoining owner means the owner of the
adjoining land to the land of the
notifying owner, being the adjoining
land for which the fencing notice is
given;
notifying owner means an owner of land
who gives a fencing notice to the owner
of the adjoining land under section 13.
15
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
12 Owners must not undertake fencing
works unless in accordance with an
agreement or otherwise in accordance
with this Act
(1) An owner of land must not undertake fencing
works or any subsidiary works unless the
works are carried out--
(a) in accordance with a fencing notice
agreement; or
Note
Section 3 defines a fencing notice agreement
as an agreement between owners of adjoining
lands, or owners of adjoining lands and long-
term tenants, about proposed fencing works and
any subsidiary works to be undertaken, that is
reached after a fencing notice has been given to
one of the owners.
(b) in accordance with an order of the
Magistrates' Court; or
(c) otherwise in accordance with this Act;
or
(d) in accordance with another agreement
between the owners of adjoining lands.
(2) If an owner of land carries out fencing works
and any subsidiary works that are not works
carried out as provided for in subsection
(1)(a), (b), (c) or (d), the owner of the
adjoining land may file a complaint in the
Magistrates' Court seeking an order under
section 30C.
13 Seeking agreement to proposed fencing
works under the Act--giving a fencing
notice
(1) If an owner of land proposes to undertake
fencing works and any subsidiary works for
a dividing fence for the land and any
16
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
adjoining land, the owner may give a notice
under this section to the owner of the
adjoining land seeking the agreement of the
owner of the adjoining land to the proposal
to carry out the fencing works and any
subsidiary works.
Note
Section 14 makes provision for locating an owner of
adjoining land. Sections 19 and 21 make provision
for when an owner of adjoining land cannot be
located.
(2) In a notice given under subsection (1), the
notifying owner may require the adjoining
owner to contribute, under this Act, to the
fencing works and any subsidiary works.
(3) A notice given under subsection (1) must be
in writing and contain the following
information--
(a) the date of the notice;
(b) the name and contact details of the
notifying owner;
(c) a statement that the notice is a notice
under section 13 of this Act;
(d) the boundary line on which the fencing
works and any subsidiary works are
proposed to be carried out or, if it is
impracticable to carry out the works on
the common boundary because a
waterway or other obstruction (whether
natural or manmade) is on, or forms,
the common boundary, the line on
which it is proposed to carry out the
works;
17
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Part 2--Amendments to the Fences Act 1968
s. 6
(e) if a dividing fence is not required for
part of the common boundary because a
waterway or other obstruction (whether
natural or manmade) is on, or forms,
the common boundary, a statement to
that effect;
(f) the type of fencing works and any
subsidiary works proposed to be carried
out, including the type of fence to be
constructed or the nature of the repairs
or maintenance;
(g) the name and contact details of any
person who may be engaged to
undertake the fencing works and any
subsidiary works proposed to be carried
out;
(h) if the notifying owner requires the
adjoining owner to contribute under
this Act--
(i) an estimate of the cost of the
fencing works and any subsidiary
works proposed to be carried out
and an explanation of the basis of
that estimate; and
(ii) the proportion of the estimated
cost that each owner is proposed
to contribute; and
(iii) the estimated amount that the
adjoining owner will be required
to contribute;
(i) a statement that either owner may seek
assistance from the Dispute Settlement
Centre of Victoria to resolve any
disputes about the proposed fencing
works and any subsidiary works.
18
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Part 2--Amendments to the Fences Act 1968
s. 6
(4) Failure to include the information referred to
in subsection (3)(a), (b), (g) or (i) in a notice
given under subsection (1) does not
invalidate the notice.
(5) A notice under this section may be in the
prescribed form.
(6) For the avoidance of doubt, this section
applies whether or not an adjoining owner is
in occupation of the land.
Notes
1 Any form in or to the like effect of the prescribed form
is sufficient in law: see section 53 of the
Interpretation of Legislation Act 1984.
2 The giving of a fencing notice to an owner does not
apply to another person who subsequently acquires the
land. A new fencing notice will need to be given.
14 Owner must make reasonable inquiries to
locate adjoining owner
(1) An owner of land who proposes to undertake
fencing works and any subsidiary works who
does not know the whereabouts of the owner
of the adjoining land must make reasonable
inquiries to locate that owner for the purpose
of giving a fencing notice.
(2) A municipal council may disclose the name
and address of an owner of land if the
municipal council is satisfied the person to
whom the name and address is given will use
the name and address for the purpose of
giving a fencing notice.
15 Additional notices where a long-term
tenant may be liable to contribute
(1) If a notifying owner requires a long-term
tenant of the notifying owner's land for
which the fencing notice is given to
contribute under this Act to the fencing
19
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Part 2--Amendments to the Fences Act 1968
s. 6
works and any subsidiary works referred to
in the fencing notice, the notifying owner
must, on the same day the fencing notice is
given to the adjoining owner--
(a) give a copy of the fencing notice to the
long-term tenant; and
(b) give the long-term tenant a notice, in
writing--
(i) seeking the long-term tenant's
agreement to the proposed fencing
works and any subsidiary works
referred to in the fencing notice
(but not to any matters set out in
the fencing notice under section
13(3)(d)) and requiring the long-
term tenant to contribute; and
(ii) estimating the amount that the
long-term tenant will be required
to contribute; and
(c) give the adjoining owner a notice, in
writing, stating that there is a long-term
tenant who is liable to contribute to
fencing works and any subsidiary
works under this Act.
(2) If an adjoining owner receives a fencing
notice for the adjoining owner's land and the
adjoining owner requires a long-term tenant
of the adjoining owner's land to contribute
under this Act to the fencing works and any
subsidiary works referred to in the fencing
notice, the adjoining owner must, as soon as
practicable after receiving the notice--
(a) give a copy of the fencing notice to the
long-term tenant; and
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Part 2--Amendments to the Fences Act 1968
s. 6
(b) give the long-term tenant a notice, in
writing--
(i) seeking the long-term tenant's
agreement to the proposed fencing
works and any subsidiary works
referred to in the fencing notice
(but not to any matters set out in
the fencing notice under section
13(3)(d)) and requiring the long-
term tenant to contribute; and
(ii) estimating the amount that the
long-term tenant will be required
to contribute; and
(c) give the notifying owner a notice, in
writing, stating that there is a long-term
tenant who is liable to contribute to
fencing works and any subsidiary
works under this Act.
(3) Any notice under this section may be in the
prescribed form.
Note
Section 10 sets out the circumstances in which long-term
tenants may be liable to contribute to fencing works and any
subsidiary works.
16 Owners may agree on a fence line other
than common boundary where waterway
or other obstruction
(1) To avoid doubt, the owners of adjoining
lands may agree to carry out fencing works
and any subsidiary works on a line that is not
the common boundary if it is impracticable
to carry out the works on the common
boundary because a waterway or other
obstruction (whether natural or manmade) is
on, or forms, the common boundary.
21
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Part 2--Amendments to the Fences Act 1968
s. 6
(2) Despite section 4(2)(c), for the purposes of
determining, under subsection (1), a line for
carrying out fencing works and any
subsidiary works that is not the common
boundary of adjoining lands, owner includes
a municipal council, trustee or other person
or body in respect of land owned by or
vested in, or under the care, control or
management of, the municipal council,
trustee, person or body for the purposes of a
public park or public reserve.
17 Procedure if adjoining owner responds
but owners do not agree
If an adjoining owner responds to a notifying
owner within 30 days of a fencing notice
being given, but, after that 30 days, the
owners have not agreed about any one or
more of the matters specified in the notice,
either owner may seek an order under
section 30C by filing a complaint in the
Magistrates' Court.
18 Procedure if long-term tenant responds
but does not agree
If a long-term tenant responds to an owner
within 30 days from the day the notifying
owner gave a fencing notice to the adjoining
owner, but, after that 30 days, the long-term
tenant and the owners have not agreed about
any one or more of the matters specified in
that notice--
(a) the long-term tenant may seek an order
under section 30D by filing a complaint
in the Magistrates' Court; or
(b) either owner may seek an order under
section 30C by filing a complaint in the
Magistrates' Court.
22
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
19 Procedure if adjoining owner has not
responded or cannot be located
An owner of land may commence fencing
works and any subsidiary works without
agreement from the owner of the adjoining
land if--
(a) the owner gives the owner of the
adjoining land a fencing notice and the
owner of the adjoining land has not
responded within 30 days from the day
the fencing notice was given; or
(b) after making reasonable inquiries, the
owner of the adjoining land is unable to
be located.
20 Procedure if long-term tenant has not
responded
(1) A notifying owner may commence fencing
works and any subsidiary works for which a
long-term tenant of the notifying owner's
land is liable to contribute under this Act,
without agreement from the long-term
tenant, if the long-term tenant has not
responded to the notice given by the
notifying owner under section 15(1) within
30 days from the day the notifying owner
gave the fencing notice to the adjoining
owner.
(2) A notifying owner may commence fencing
works and any subsidiary works for which a
long-term tenant of the adjoining owner's
land is liable to contribute under this Act,
without agreement from the long-term
tenant, if the long-term tenant has not
responded to the notice given by the
adjoining owner under section 15(2) within
30 days from the day the notifying owner
23
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
gave the fencing notice to the adjoining
owner.
21 Recovering contributions from owner of
adjoining land for works commenced
under section 19
(1) If an owner of land who commences fencing
works and any subsidiary works under
section 19 seeks to recover a contribution
from the owner of the adjoining land, the
owner may do so by filing a complaint in the
Magistrates' Court seeking an order under
section 30C.
(2) An owner of land who is unable to locate the
owner of the adjoining land after making
reasonable inquiries may file the complaint
in the Magistrates' Court without having
located the owner of the adjoining land.
(3) If the owner of the adjoining land is liable to
contribute to fencing works and any
subsidiary works under an order made by the
Magistrates' Court in that owner's absence
(first order), and that owner considers that
the first order is inequitable, that owner may
seek a further order under section 30C by
filing a complaint in the Magistrates' Court
within 30 days after the service of the first
order.
22 Recovering contributions from long-term
tenant for works commenced under
section 20
(1) If a notifying owner who commences
fencing works and any subsidiary works
under section 20(1) seeks to recover a
contribution from a long-term tenant of the
notifying owner's land, the notifying owner
may do so by filing a complaint in the
24
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No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
Magistrates' Court seeking an order under
section 30C.
(2) If a notifying owner commences fencing
works and any subsidiary works under
section 20(2) and the adjoining owner seeks
to recover a contribution from a long-term
tenant of the adjoining owner's land, the
adjoining owner may do so by filing a
complaint in the Magistrates' Court seeking
an order under section 30C.
Division 2--Procedure for urgent fencing
works
23 Urgent fencing works may be carried out
(1) Without giving a fencing notice and without
the agreement of the owner of the adjoining
land (adjoining owner), an owner of land
may carry out fencing works and any
subsidiary works if--
(a) the fencing works and any subsidiary
works need to be carried out urgently;
and
(b) a dividing fence on the land has been
damaged or destroyed; and
(c) it is impracticable to give a fencing
notice to the adjoining owner.
Note
The types of circumstances in which fencing works
and any subsidiary works may need to be carried out
urgently include where the dividing fence has been
damaged or destroyed by a falling tree or branch or by
fire or flood.
25
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(2) This section has effect subject to--
(a) the operation of--
(i) the Residential Tenancies Act
1997 in relation to urgent repairs;
or
(ii) the Retail Leases Act 2003 in
relation to urgent repairs; or
(b) a lease agreement that makes provision
for urgent repairs.
24 Requiring an owner to contribute to
urgent fencing works once complete
(1) An owner of land who carries out fencing
works and any subsidiary works under
section 23, may give a notice to the adjoining
owner requiring the adjoining owner to
contribute under this Act to the fencing
works and any subsidiary works for a
sufficient dividing fence for the adjoining
lands.
(2) A notice under subsection (1) must be in
writing and contain the following
information--
(a) a description of the land on which the
fencing works and any subsidiary
works were carried out;
(b) the boundary line on which the fencing
works and any subsidiary works were
carried out or, if it was impracticable to
carry out the works on the common
boundary because of a waterway or
other obstruction (whether natural or
manmade) is on, or forms, the common
boundary, the line on which the works
were carried out;
26
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(c) the type of fencing works and any
subsidiary works that were carried out,
including the type of fence constructed
or the nature of the repairs or
maintenance;
(d) the reason the fencing works and any
subsidiary works were required to be
carried out urgently;
(e) the cost of the fencing works and any
subsidiary works and a copy of the
receipt for the works;
(f) the proportion of the cost that each
owner is proposed to contribute to the
fencing works and any subsidiary
works;
(g) the amount that the owner to whom the
notice is addressed is required to
contribute.
(3) A notice under this section may be in the
prescribed form.
25 Procedure if adjoining owner responds to
urgent fencing notice but does not agree
If, after 30 days from the day that an owner
gave an urgent fencing notice to the
adjoining owner, the adjoining owner has
responded but the owners have not agreed
about any one or more of the matters
specified in the urgent fencing notice, either
owner may seek an order under section 30C
by filing a complaint in the Magistrates'
Court.
27
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
26 Procedure if adjoining owner does not
respond to urgent fencing notice
If, after 30 days from the day that an owner
gave an urgent fencing notice to the
adjoining owner, the adjoining owner has not
responded, the owner who gave the notice
may seek an order under section 30C by
filing a complaint in the Magistrates' Court.
Division 3--Process if common boundary not
agreed
27 Meaning of adjoining owner and notifying
owner in Division 3
In this Division--
adjoining owner means the owner of the
adjoining land to the land of the
notifying owner, being the adjoining
land for which the boundary survey
notice is given;
notifying owner means an owner of land
who gives a boundary survey notice to
the owner of the adjoining land under
section 28(1).
28 Boundary survey notice
(1) An owner of land may give notice under this
section to the owner of the adjoining land of
the owner's intention to engage a licensed
surveyor to have the common boundary
defined.
(2) A notice under this section must be in
writing and specify the position that the
notifying owner thinks is the position of the
common boundary unless the notifying
owner has specified that position in a fencing
notice given to the adjoining owner.
28
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No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(3) A notifying owner must not give a notice
under this section unless--
(a) the notifying owner has given or
received a fencing notice in respect of
the adjoining lands and the owners do
not agree on the position of a common
boundary; or
(b) the notifying owner gives a fencing
notice in respect of the adjoining lands
to the adjoining owner at the same time
as giving a notice under this section.
29 Response to boundary survey notice
(1) If an adjoining owner is given a boundary
survey notice, the adjoining owner may,
within 30 days from the day on which the
adjoining owner was given the notice--
(a) give the notifying owner a notice, in
writing, that the adjoining owner agrees
to the position of the common boundary
specified in the boundary survey notice
or the fencing notice; or
(b) specify the position that the adjoining
owner thinks is the position of the
common boundary in writing or by
defining the position of the boundary
line by marking it on the ground; or
(c) engage a licensed surveyor to have the
common boundary defined.
(2) If an adjoining owner has the common
boundary defined under subsection (1)(c),
the adjoining owner must give the notifying
owner notice, in writing, of the common
boundary as defined by the licensed
surveyor.
29
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
30 Boundary survey
(1) The notifying owner may have the common
boundary defined by a licensed surveyor
engaged by the notifying owner if, after 30
days from the day on which the notifying
owner gave the boundary survey notice--
(a) the adjoining owner has not agreed to
the position of the common boundary;
and
(b) the adjoining owner has not had the
common boundary defined under
section 29(1)(c).
(2) A notifying owner who intends to have the
common boundary defined under subsection
(1) must, within 21 days after the day on
which the 30 day period expires, engage a
licensed surveyor to define the common
boundary.
(3) The notifying owner must give the adjoining
owner notice, in writing, of the common
boundary as defined by the licensed
surveyor.
30A Contributions to boundary survey
(1) Subject to subsection (2), the notifying
owner and the adjoining owner are liable to
contribute in equal proportions to any
reasonable cost of engaging the licensed
surveyor under section 29(1)(c) or 30(1).
(2) An adjoining owner is not liable to
contribute to the reasonable cost of engaging
a licensed surveyor under section 30(1) if the
common boundary defined by the licensed
surveyor is in the same position as the
position specified by the adjoining owner
under section 29(1)(b).
30
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No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
30B Right to file complaint in Magistrates'
Court suspended while common boundary
established
On the giving of a boundary survey notice,
the period of 30 days set out in section 17,
18, 19(a) or 20 is suspended until either of
the following occurs--
(a) the owners agree, in writing, to the
position of the common boundary
specified in the fencing notice or the
boundary survey notice or to another
position; or
(b) a licensed surveyor, in accordance with
section 29 or 30, defines the common
boundary of the adjoining lands.
__________________
PART 4--RESOLVING FENCING DISPUTES
30C Orders about fencing works
(1) The Magistrates' Court may make an order in
relation to any one or more of the following
matters in respect of a complaint filed under
this Act, if the case so requires--
(a) the line on which the fencing works and
any subsidiary works are to be carried
out, whether or not that line is on the
common boundary of the adjoining
lands;
(b) the line that is the common boundary of
the adjoining lands;
(c) whether or not a dividing fence is
required and whether or not fencing
works and any subsidiary works should
be carried out, and if any works should
31
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
be carried out, the nature of the works
to be carried out;
(d) the nature of the fence that constitutes a
sufficient dividing fence for the
adjoining lands;
(e) the person by whom fencing works and
any subsidiary works should be carried
out and, if the works are to be
performed by different persons, the
work to be performed by each person;
(f) whether a person is liable under this
Act to contribute to fencing works and
any subsidiary works;
(g) the way in which contributions for the
fencing works and any subsidiary
works are to be apportioned or
reapportioned or the amount that each
owner or long-term tenant is liable to
pay for the works;
(h) any other work to be carried out
(including work for a retaining wall)
that is necessary so that the fencing
works and any subsidiary works agreed
on by the parties or specified in the
order can be carried out;
(i) the time within which the fencing
works and any subsidiary works are to
be carried out (including any specific
dates and times at which a person who
carries out the works may enter land for
the purpose of carrying out the works)
and the manner in which those works
are to be performed;
32
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Part 2--Amendments to the Fences Act 1968
s. 6
(j) whether an owner is to pay
compensation to the owner of the
adjoining land for loss of occupation of
land arising from the placement of a
dividing fence (including because of
loss of an unrealised possessory right)
and, if so, the amount of any
compensation to be paid;
(k) that a party to the proceeding cease an
activity or discontinue conduct that, in
the opinion of the Court, is
unreasonably damaging or may
unreasonably damage a dividing fence;
(l) that an owner is authorised to carry out
fencing works and any subsidiary
works without the agreement or
knowledge of an owner of adjoining
land or a long-term tenant;
(m) any other matter, or any direction or
relief that the Court considers
appropriate.
(2) In making an order under subsection (1)
about the line on which the fencing works
and any subsidiary works are to be carried
out or the line that is the common boundary
of adjoining lands, the Court may require
that the common boundary be defined by a
licensed surveyor.
(3) In making an order under subsection (1)
about contributions, the Court may have
regard to any negligent or deliberate acts that
have shortened the life of a dividing fence.
(4) For the purpose of an order under subsection
(1), if there is more than one owner of an
area of land, the owners are jointly and
severally liable to contribute to fencing
33
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
works and any subsidiary works for that area
of land unless the Court determines
otherwise.
(5) The Magistrates' Court may make an order
under subsection (1) in the absence of an
owner of the adjoining land if that owner has
not been served with the complaint and
cannot be located after reasonable inquiries
have been made.
30D Orders about fencing works--long-term
tenants
(1) The Magistrates' Court, in respect of a
complaint filed by a long-term tenant under
section 18(a) of this Act, may make an order
in relation to any one or more of the matters
referred to in section 30C(1)(c), (d), (e), (f),
(g), (h), (i) or (k).
(2) In making an order under subsection (1)
about contributions, the Court may have
regard to any negligent or deliberate acts that
have shortened the life of a dividing fence.
30E Adverse possession claims arising from
fencing disputes
(1) A person may file a complaint in the
Magistrates' Court under this section
claiming title by possession to a part of
adjoining land to the land that person owns
if--
(a) the land that person owns is land in
respect of which a complaint is filed
under another provision of this Act; and
(b) the land that the person is claiming title
by possession to is land on which
fencing works and any subsidiary
works that are the subject of that
complaint are to be carried out.
34
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No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(2) The Magistrates' Court may make an order in
relation to who is entitled to title by
possession of that part of the adjoining lands
on which the fencing works and any
subsidiary works are to be carried out.
(3) Nothing in this section affects the operation
of the Limitation of Actions Act 1958, the
Transfer of Land Act 1958 or any other law
in relation to adverse possession.
Note
A person who claims title by possession to land may apply
to the Registrar under the Transfer of Land Act 1958 for
an order vesting the land in that person.
30F If adjoining owner defaults on agreement
or order
(1) If an owner of land (first owner) fails to
comply with a fencing notice agreement or
an order made under this Act about fencing
works and any subsidiary works within the
time specified in the agreement or order, or,
if there is no specified time, within 3 months
after the making of the agreement or order,
the owner of the adjoining land (adjoining
owner) may--
(a) carry out the fencing works and any
subsidiary works; or
(b) recover from the first owner the amount
that the first owner was liable to pay the
adjoining owner under the fencing
notice agreement or order.
(2) An adjoining owner who carries out fencing
works and any subsidiary works under
subsection (1)(a) may recover from the first
owner the amount that the adjoining owner
was liable to pay the first owner under the
35
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
fencing notice agreement or order or
otherwise under this Act.
30G Recovery of money--landlord against
long-term tenant who is liable
The owner of land that is leased by a long-
term tenant who is liable to contribute to
fencing works and any subsidiary works
under this Act may recover from the long-
term tenant the amount that the long-term
tenant is liable to contribute if the long-term
tenant fails to comply with--
(a) a fencing notice agreement made with
the owners within the time specified in
the agreement or, if there is no
specified time, within 3 months after
the making of the agreement; or
(b) an order made under this Act about
fencing works and any subsidiary
works within the time specified in the
order or, if there is no specified time,
within 3 months of the making of the
order.
30H Recovery of money for a dividing fence
where unalienated Crown land is first
acquired
(1) If an owner carries out fencing works and
any subsidiary works for a dividing fence
and the adjoining land is unalienated Crown
land, the owner may recover half of the value
of the existing dividing fence from any
person who later becomes the owner of the
adjoining land by giving that person notice
under this section.
(2) A notice under this section must be in
writing and contain the following
information--
36
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 6
(a) a statement of the value of the dividing
fence; and
(b) the amount that the owner to whom the
notice is addressed is required to
contribute.
(3) An owner who gives notice under this
section must do so within 6 months after the
day on which the owner to whom the notice
is given acquired the land.
(4) Either owner may seek an order under
section 30C by filing a complaint in the
Magistrates' Court if, after 30 days from the
day that an owner gave a notice under this
section, the owners have not agreed about
either of the following--
(a) whether an owner is liable, under this
Act, to contribute to fencing works and
any subsidiary works;
(b) the way in which contributions for the
fencing works and any subsidiary
works are to be apportioned or
reapportioned or the amount that each
owner is liable to pay for the works.
(5) An owner must not give notice under this
section unless--
(a) at the time the notice is given, the
dividing fence in respect of which the
fencing works and any subsidiary
works were carried out is in existence;
and
(b) at or before the time the notice is given,
the owner who gives the notice has not
received contributions for the fencing
works and any subsidiary works.
37
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 7
30I Substantial failure to comply required
Proceedings cannot be brought for the
recovery of a proportion of the cost of
fencing works and any subsidiary works on
the grounds that the works were not carried
out in compliance with a fencing notice
agreement or an order made under this Act
unless there was a substantial failure to
comply with the conditions of the agreement
or order.
__________________".
7 Heading to Part V amended
In the heading to Part V of the Fences Act 1968,
for "PART V" substitute "PART 5".
8 Section 30 repealed
Section 30 of the Fences Act 1968 is repealed.
9 Act not to apply to unalienated Crown lands
In section 31 of the Fences Act 1968--
(a) for "sections 12 and 23" substitute
"section 30H";
(b) omit "the Minister administering
section 19";
(c) for "his office" substitute "his or her office";
(d) for "the construction or repairing of"
substitute "any fencing works and any
subsidiary works for";
(e) for "occupier" substitute "owner".
38
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 10
10 Sections 32 and 33 substituted and new sections 34
to 39 inserted
For sections 32 and 33 of the Fences Act 1968
substitute--
"32 Placement of rails and framing
(1) If residential land or commercial land shares
a common boundary with land to which the
public has general access or over which there
is a right of way, the rails and framing must
be placed on the side of the dividing fence
facing into the residential land or
commercial land (as the case requires).
(2) If residential land shares a common
boundary with commercial land, the rails and
framing must be placed on the side of the
dividing fence facing into the residential
land.
(3) In all other cases, the rails and framing for a
dividing fence must be placed--
(a) if a dividing fence is being replaced by
a similar dividing fence--on the same
side as the rails and framing were
located on the previous dividing fence;
or
(b) if the dividing fence is being replaced
by a different type of dividing fence or
if there was no previous dividing
fence--on the side least subject to
weathering.
(4) This section does not apply if an agreement
or fencing notice agreement between the
owners of adjoining lands, or an order made
under this Act, specifies on which side of the
dividing fence the rails and frames must be
placed.
39
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 10
33 Right to access adjoining land to
undertake fencing works
(1) An owner of land who carries out fencing
works and any subsidiary works under this
Act, at any reasonable time, may enter the
adjoining land for the purpose of carrying
out the works.
(2) For the avoidance of doubt, the right of an
owner under subsection (1) may be exercised
by an employee or agent of the owner.
34 Act not to affect agreements, other laws
etc
Nothing in this Act affects any of the
following--
(a) a contract or an agreement (other than
an agreement under this Act) made
between owners of adjoining lands, or
between an owner and a tenant;
(b) a covenant that affects the adjoining
lands;
(c) a law about retaining walls or rights of
support for land;
(d) the operation of any other Act.
35 No entitlement to possession if fence not
on common boundary because of
waterways and other obstructions
If, under this Act, owners agree or the
Magistrates' Court orders, that fencing works
and any subsidiary works are to be carried
out on a line that is not the common
boundary because it is impracticable to carry
out the works on the common boundary
because a waterway or other obstruction
(whether natural or manmade) is on, or
forms, the common boundary--
40
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 10
(a) an owner is not taken to be in
possession of any part of the adjoining
land that the owner occupies merely
because of the placement of the fence;
and
(b) the construction of the fence does not
affect the title to, or possession of, the
adjoining land.
36 Act does not apply in certain
circumstances--owners corporations
(1) This Act does not apply to adjoining lands
if--
(a) both areas of land are lots affected by
the same owners corporation; and
(b) the rules of that owners corporation
provide for contributions to fencing
works and any subsidiary works
between those lots.
(2) This Act does not apply to adjoining lands
if--
(a) one area of land is a lot affected by an
owners corporation and the other area
of land is common property for which
the same owners corporation is
responsible; and
(b) the rules of that owners corporation
provide for contributions to fencing
works and any subsidiary works
between that lot and that common
property.
41
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 10
37 Giving notices under this Act
(1) A notice under this Act may be given to a
person by delivering it personally to the
person or by post.
Notes
1 Section 49(1) of the Interpretation of
Legislation Act 1984 sets out when service of a
document by post is effected.
2 The Electronic Transactions (Victoria) Act
2000 applies to notices given under this Act.
(2) A notice may be delivered personally to an
individual--
(a) by leaving a copy of the notice with the
individual or, if the individual does not
accept the copy, by putting the copy
down in the individual's presence and
telling the individual the nature of the
notice; or
(b) by delivering a copy of the notice to the
place of residence of the individual to
an individual apparently above the age
of 16 years who resides at that place but
when the place of residence is a hotel,
boarding house or similar
establishment, to some individual
apparently above that age who is
apparently in charge of the
establishment or engaged in the office
of the establishment; or
(c) if the individual conducts a business, by
delivering a copy of the notice to the
place of business of the individual to an
individual apparently above the age of
16 years who is apparently in charge of
that business or is employed in the
office of that business.
42
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 10
(3) For the purpose of giving a notice under this
Act, the proper address--
(a) for an owners corporation is the address
that is shown on the records of the
Registrar for that owners corporation;
or
(b) for a corporation (other than an owners
corporation) is the registered or
principal office of the corporation; or
(c) for an incorporated association is the
registered address (within the meaning
of the Associations Incorporation
Reform Act 2012) of the incorporated
association.
(4) If a person delivering a notice by post under
this section made inquiries of a municipal
council about the whereabouts of the owner
to whom the notice is directed, at least one
copy of the notice must be sent to the address
provided by the municipal council (if any).
38 Regulations
(1) The Governor in Council may make
regulations for or with respect to--
(a) prescribing forms for the purposes of
this Act; and
(b) any matter or thing that is required or
permitted to be prescribed or necessary
to be prescribed to give effect to this
Act.
(2) Regulations under this Act--
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place and circumstances.
43
Fences Amendment Act 2014
No. of 2014
Part 2--Amendments to the Fences Act 1968
s. 11
39 Transitional provisions
(1) This Act, as in force immediately before the
commencement of the Fences Amendment
Act 2014, continues to apply on and after
that commencement to the construction and
repair of a dividing fence begun before that
commencement.
(2) This Act, as in force immediately before its
amendment by the Fences Amendment Act
2014, continues to apply on and after that
amendment to any notices given,
proceedings commenced or orders made
under this Act before that amendment.
(3) Nothing in this Act affects a contract or an
agreement (other than an agreement under
this Act) made between owners of adjoining
lands, or between an owner and a tenant,
before the commencement of the Fences
Amendment Act 2014.
(4) This Act applies to fencing works and any
subsidiary works begun on or after the day
on which the Fences Amendment Act 2014
comes into operation.".
11 Repeal of Schedule
The Schedule to the Fences Act 1968 is repealed.
__________________
44
Fences Amendment Act 2014
No. of 2014
Part 3--Amendments to Other Acts
s. 12
PART 3--AMENDMENTS TO OTHER ACTS
12 Crown Land (Reserves) Act 1978 See:
Act No.
In section 21(1) of the Crown Land (Reserves) 9212.
Act 1978, for "occupiers in section 5" substitute Reprint No. 10
as at
"owners in section 16". 1 July 2011
and
amending
Act Nos
64/2004,
65/2010,
7/2012,
17/2012,
46/2012 and
31/2013.
LawToday:
www.
legislation.
vic.gov.au
13 Emerald Tourist Railway Act 1977 See:
Act No.
9020.
In section 48(1) of the Emerald Tourist Railway Reprint No. 2
Act 1977, for "the construction or repairing of any as at
16 February
dividing fence between the land of any occupier" 2006
substitute "fencing works and any subsidiary and
amending
works in respect of a dividing fence between the Act Nos
land of any owner". 69/2009 and
6/2010.
LawToday:
www.
legislation.
vic.gov.au
45
Fences Amendment Act 2014
No. of 2014
Part 3--Amendments to Other Acts
s. 14
See: 14 Land Act 1958
Act No.
6284. In the Land Act 1958--
Reprint No. 12
as at (a) in section 3(1), in the definition of perpetual
27 April 2012
and
lessee, omit "and in the term occupier in the
amending Fences Act 1968";
Act Nos
43/2012 and (b) in section 402(1), for "as if he were an
46/2012.
LawToday: occupier" substitute "as if he were an
www. owner".
legislation.
vic.gov.au
See: 15 Zoological Parks and Gardens Act 1995
Act No.
106/1995.
Reprint No. 2
In section 15(1) of the Zoological Parks
as at and Gardens Act 1995, for "occupier"
11 October
2013.
substitute "owner".
LawToday:
www.
legislation.
vic.gov.au
__________________
46
Fences Amendment Act 2014
No. of 2014
Part 4--Repeal of Amending Act
s. 16
PART 4--REPEAL OF AMENDING ACT
16 Repeal of amending Act
This Act is repealed on 1 December 2015.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
47
Fences Amendment Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Fences Act 1968 to provide a procedure for the sharing of costs between
neighbours for dividing fences and a mechanism for the resolution of
disputes about dividing fences, to make amendments about other matters
in relation to dividing fences, and to amend other Acts and for other
purposes."
By Authority. Government Printer for the State of Victoria.
48
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