BOUNDARY FENCES ACT 1908

Table of Provisions

PART I - Preliminary

• 1 Short title
• 2 Commencement
• 3 Section 3
• 4 Interpretation
• 5 Section 5
• 6 Act not to apply to unalienated Crown lands
• 6A Act not to apply to land owned by Forestry corporation
• 7 Act not to apply to roads
• 7A Act not to apply to rail corridors

PART II - Erection of Fences

• 8 Adjoining owners to share cost of fencing
• 9 Notice to fence to be given
• 10 Objection to proposed fence
• 11 Provision in cases where notices vary
• 12 If parties cannot agree and no objection made, fence may be erected
• 13 If default made by one party, other may fence and recover
• 14 Contribution towards cost of fence recoverable from owner for time
being
• 15 Where adjoining land is Crown land
• 16 Bush to be cleared along line of fence
• 17 Where river, &c., natural boundary, power to agree on line of
fence
• 18 Fence to be on boundary line
• 19 Person using fence on further side of road liable to pay interest
on half cost
• 20 Gorse, &c., not to be planted without consent of owner and
occupier
• 21 Power to construct a fence on road to protect live fence

PART III - Repairs of Fences

• 22 Owners liable to repair fences
• 23 Procedure to compel contribution to the repair, &c., of fences
• 24 Contribution where fence destroyed by accident
• 25 Liability for reckless use of fire

PART IV - Arbitration

• 26 All disputes to be decided by arbitration
• 27 Section 27
• 28 Section 28
• 29 Section 29
• 30 Section 30
• 31 Section 31
• 32 Section 32
• 33 Section 33
• 34 Section 34
• 35 Powers of arbitrators
• 36 Arbitrators to consider benefit likely to accrue
• 37 Provision for contribution by tenant
• 38 Award to be delivered to the party first appointing arbitrator
• 39 Costs of arbitration
• 40 Submission may be made a Rule of Court
• 41 Award not void through error in form

PART V - Miscellaneous

• 42 How moneys recoverable under this Act may be recovered
• 43 Act not to interfere with agreements
• 44 Power of persons constructing fences to enter upon contiguous lands
• 45 When garden, orchard, or crop, &c., damaged, owner or occupier
entitled to compensation
• 46 Power of tenant to come in and defend proceedings against his
landlord
• 47 Service of notices, &c.
• 48 Notice to cut live fences and to clear adjoining land
• 49 Property in fence in criminal proceedings
• 50 Section 50
• 51 Regulations
SCHEDULE 1

[ Note: This table has been automatically generated and may be incomplete. ]