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ANNO VICESIMO PRIMO
ELIZABETHAE SECUNDAE REGINAE
No. 13 of 1972
An Act to Amend The Dividing Fences Act of 1953 in
certain particulars
[ASSENTED TO 15TH DECEMBER, 1972]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:1. Short title and citation . (I) This Act may be cited as the
Dividing Fences Act Amendment Act 1972.
(2) The Dividing Fences Act of 1953 is in this Act referred to as
the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the
DivVing Fences Act 1953-1972.
Dividing Fences Act Amendment Act 1972, No. 13
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2. Amendment of s. 6. Section 6 of the Principal Act is amended
by(a) inserting after the definition " Lease " the following definition:-" " Magistrates court "-A magistrates court constituted under
The Justices Acts 1886 to 1968;";
(b) in the definition. " Owner " omitting the words " court of petty
sessions " where they occur in paragraph (b) and inserting in their stead
the words " magistrates court ".
3. Amendment of s. 9. Section 9 of the Principal Act is amended
by omitting the words " court of petty sessions " where they occur and
inserting in their stead in each case the words " magistrates court ".
4. Amendment of s. 10 . Section 10 of the Principal Act is amended
by(a) omitting the words " court of petty sessions " and inserting
in their stead the words " magistrates court ";
(b) omitting the words " half the cost of such construction by such
other party " and inserting in their stead the words " the proportion
of the cost of such construction for which the person in default is liable
pursuant to the agreement or, as the case may be, order ".
5. Amendment of s. 11 . Section 11 of the Principal Act is amended
by omitting the words " court of petty sessions " where they occur and
inserting in their stead in each case the words " magistrates court ".
6. Repeal of and new s. 12. Section 12 of the Principal Act is
repealed and the following section is inserted in its stead:" 12. Rights of persons fencing boundaries of certain Crown
land. Where the owner of land has constructed a dividing fence
separating his land from adjoining land that, at the time of the
construction of the fence, is such that in relation to it there is
no person who is liable, under the provisions of this Act other
than this section, to join in or contribute to the construction,
that owner may, subject to any Act that modifies the application
of this Act to the adjoining land, recover from the person who at
that time holds the adjoining land from the Crown or, where the
adjoining land is at that time unalienated Crown land, from the
person who first becomes the holder of the adjoining land from the
Crown one-half the value of the dividing fence assessed as at the
date of its construction or as at the date when the holder of the
adjoining land becomes liable under this section to contribute
to the construction of the fence, whichever is the less amount.".
7. Amendment of s. 14 . Section 14 of the Principal Act is amended
by(a) omitting the words " court of petty sessions " and inserting
in their stead the words " magistrates court ";
(b) omitting the words " half the cost of such repair by such owner "
and inserting in their stead the words " the proportion of the cost of
such repair for which the person in default is liable pursuant to the
order ".
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Dividing Fences Act Amendment Act 1972, No. 13
8. Amendment of s. 15 . Section 15 of the Principal Act is amended
by inserting after the words " Subject to " the words " section sixteen
of ".
9. Amendment of s. 16. Section 16 of the Principal Act is amended
by(a) omitting the words " court of petty sessions " where they occur
in subparagraph (d) of the proviso to subsection (2) and inserting in
their stead in each case the words " magistrates court ";
(b) adding the following subsection:" (3) If an owner who is served with a notice to repair
pursuant to subsection (1) of this section, within fourteen days
of the receipt of that notice by him, advises in writing the owner
who served the notice that(a) he disputes the need for repairing the fence and is not
prepared to bear any portion of the cost of repairing the
fence; or
(b) he is prepared to join in the repairing of the fence but is
not prepared to bear half the cost of the repairs,
the owner who served the notice to repair may apply to the
magistrates court having jurisdiction as in this Act provided for
the determination of the matter in dispute, and that court upon
the application may by order determine whether the fence is in
need of repair, and if so, by whom the repairs are to be effected
and the proportion of the cost of those repairs to be borne by
each owner.
Upon the giving of the advice in writing by the owner on
whom the notice to repair is served, the repair of the fence shall
abide the order of the court upon the matter in dispute.".
10. Amendment of s. 18. Section 18 of the Principal Act is amended
by(a) omitting from the note appearing in and at the beginning of
the section the words " courts of petty sessions " and inserting in their
stead the words " and proceedings in magistrates courts ";
(b) omitting the words " courts of petty sessions " where they
occur and inserting in their stead in each case the words "magistrates
courts ";
(c) omitting the words " petty sessions district " where they occur
and inserting in their stead in each case the words " magistrates courts
district ";
(d) omitting the words " court of petty. sessions " where they occur
and inserting in their stead in each case the words " magistrates court ";
(e) in subsection (1), inserting after the word " two " the words
" or subsection three ";
(f) in subsection (3),
(i) omitting the note appearing in and at the beginning of the
subsection;
(ii) omitting the words " justices of the peace in petty sessions "
where they occur in subparagraph (i) of paragraph (b) and inserting
in their stead the words " a magistrates court ";
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(g) in subsection (4),
(i) omitting the note appearing in and at the beginning of the
subsection;
(ii) omitting the figures " 1949 " and inserting in their stead the
figures " 1968 ".
(h) omitting the words " twenty miles " where they occur and
inserting in their stead in each case the expression " 35 kilometres ".
11. Amendment of s. 19. Section 19 of the Principal Act is amended
by in subsection (2),
(i) omitting the words " clerk of petty sessions " and inserting in
their stead the words " clerk of the court ";
(ii) omitting the words " court of petty sessions " and inserting
in their stead the words " magistrates court ".
12. Amendment of s. 23 . Section 23 of the Principal Act is amended
by in subsection (6), omitting the words " court of petty sessions " where
they occur and inserting in their stead in each case the words " magistrates
court ".