Victorian Current Acts

FENCES ACT 1968 - SECT 23

    (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.

    (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.

New s. 24 inserted by No. 30/2014 s. 6.