Victorian Current Acts

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FENCES ACT 1968 - SECT 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.

New s. 13 inserted by No. 30/2014 s. 6.



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