Australian Capital Territory Current Acts

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COMMON BOUNDARIES ACT 1981 - SECT 2

Definitions for div 2.1

In this division:

Note     A definition applies except so far as the contrary intention appears (see Legislation Act

, s 155).

"basic fence" means—

        (a)     for a fence to be erected between parcels of land in the city area—a basic urban fence; or

        (b)     in any other case—a basic rural fence.

"basic rural fence "means a wire fence that is 1.2m in height above finished ground level and has—

        (a)     for intermediate posts—steel line posts spaced at 4m intervals; and

        (b)     for strainer posts—hardwood posts spaced at 40m intervals with hardwood bracing at corners; and

        (c)     3mm galvanised steel wire at the top, bottom and mid-line of the fence; and

        (d)     1060mm wide and 40mm mesh size galvanized wire netting.

"basic urban fence" means a timber paling fence, that is 1.5m in height above finished ground level and has—

        (a)     reinforced spade-end precast concrete posts spaced at 2.4m; and

        (b)     a 75mm x 50mm hardwood rail at the top and bottom of the fence that is fixed to the posts; and

        (c)     100mm x 12mm hardwood palings nailed to the rails.

"new fence determination" means a determination of the ACAT under section 10.

"occupier", in relation to a parcel of land, means—

        (a)     for a parcel held under a lease, other than a weekly or fortnightly tenancy, from the Commonwealth—the person by whom the parcel is so held; or

        (b)     for a parcel vested in a person for an estate in fee simple—the person in whom the parcel is so vested; or

        (c)     if neither paragraph (a) nor (b) applies—

              (i)     for Territory land—the Territory; and

              (ii)     for national land—the Commonwealth.

"registrar" means the registrar of the Magistrates Court.

"repair cost determination" means a determination of the ACAT under section 12.

"repair determination" means a determination of the ACAT under section 11.

"rules "means the rules under the ACT Civil and Administrative Tribunal Act 2008

.

"unleased land determination" means a determination of the ACAT under section 13.



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