New South Wales Consolidated Acts

DIVIDING FENCES ACT 1991 - SECT 9

9 Contribution when urgent fencing work is required

(1) This section applies to a dividing fence that has been damaged or destroyed (in whole or in part) and in the circumstances requires urgent fencing work.

(2) If it is impracticable to serve a notice under section 11 in respect of a dividing fence to which this section applies, an adjoining owner may, without serving such a notice, carry out the urgent fencing work required to restore the dividing fence.

(3) The other adjoining owner is liable for half the cost (or a greater proportion if section 8 applies) of the urgent fencing work.

(4) Any such liability may be reviewed by the Local Court or the Civil and Administrative Tribunal on the application by that owner to the Court or the Tribunal within 1 month after the work has been completed (or within such later period as the Court or the Tribunal may allow).