Document ID: chunk:federal_register_of_legislation:F2019C00912:reg:68
Version: federal_register_of_legislation:F2019C00912
Segment Type: reg
Provision Reference: reg 68
Character Range: 67383–69431

68  Notice to repair or restore dividing fence
 (1) This section applies if:
 (a) an adjoining owner (the first adjoining owner) has cleared all of the land on his or her side of a dividing fence of combustible matter for a distance of 6 metres from the fence; and
 (b) the other adjoining owner in relation to the fence (the second adjoining owner) has not cleared all of the land on his or her side of the fence of all combustible matter for a distance of 6 metres from the fence; and
 (c) the fence has been damaged or destroyed by fire for a reason connected with the second adjoining owner's failure to clear all of the land on his or her side of the fence of all combustible matter for a distance of 6 metres from the fence.
 (2) The first adjoining owner may, by written notice to the second adjoining owner, require the second adjoining owner to repair or restore the fence.
 (3) The second adjoining owner must repair or restore the dividing fence at his or her expense:
 (a) within one month of being given the notice; or
 (b) within such longer period as the ACT Magistrates Court may allow on application by the second adjoining owner to the ACT Magistrates Court.
 (4) The second adjoining owner must repair or restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.
 (5) The first adjoining owner may apply to the ACT Magistrates Court for an order authorising the first adjoining owner to repair or restore the fence if:
 (a) the second adjoining owner fails to repair or restore the fence within the time required by subsection (3); or
 (b) the first adjoining owner has not, after making reasonable inquiries, been able to ascertain the whereabouts of the second adjoining owner for the purposes of giving the notice to the second adjoining owner.
 (6) An adjoining owner who repairs or restores a fence under this section (including the owner's employees or agents) may, at any reasonable time, enter on land adjoining the fence for the purpose of carrying out the work.