Queensland Consolidated Acts

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Application for order in absence of adjoining owner

245XS Application for order in absence of adjoining owner

(1) An owner may apply to QCAT for an order, in the absence of the adjoining owner, authorising the carrying out of fencing work, including the way in which contributions for the work are to be apportioned.
(2) An order may be made under subsection (1) only if QCAT is satisfied that the owner could not locate the adjoining owner after making all reasonable inquiries.
Examples of reasonable inquiries—
• searching the electoral roll or telephone directory
• making inquiries with immediate neighbours, tenants, real estate agents and the local government about where the adjoining owner is
(3) An owner who carries out fencing work authorised by an order under this section and who later locates the adjoining owner may—
(a) give a copy of the order to the adjoining owner; and
(b) after 1 month from the day of giving a copy of the order, recover from the adjoining owner the adjoining owner’s contribution as stated in the order.
(4) The adjoining owner given a copy of an order under subsection (1) may, within 1 month after being given the copy, apply to QCAT for a variation of the order and QCAT may vary the order in any way it considers appropriate.
(5) This section continues to apply to the owner or adjoining owner even if, after the order was made, the owner or the adjoining owner stopped owning the relevant parcel of land consisting of the adjoining land.

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