Fencing Quickguide
PLEASE NOTE: The Committee is not able to provide advice about fences. If you are unable to find an answer to your question in the Fencing QuickGuide, please do not contact the Committee as we will be unable to assist you. We suggest that you contact a community legal centre (http://www.communitylaw.org.au/find_a_clc.php) or a solicitor instead.
Your neighbour is a state or federal government agency
The Act does not apply to unoccupied Crown land or land occupied by the Crown. This applies to both State and Federal governments and their agents (s.31).
This means that farmers with land bordering state forests or reserves have to meet the full cost of constructing and repairing fences.
There are some programs within the Department of Natural Resources and Environment which provide assistance with fencing costs in targeted areas of pest-control (e.g wild dog control in Gippsland and the North-West), but these are unrelated to the Fences Act.
Fencing costs can, however, be recovered if the Crown leases the land to someone else, whether at present or in the future.
If Crown land is currently occupied by some other person
If Crown land has been granted, sold, licensed or leased to a private person or company (except in the case of a yearly licence) - that occupier, purchaser, lessee or licensee is liable under the Act to contribute to the cost of fencing works in a proportion to be agreed on or as determined by the Magistrates' Court.
If Crown land is later occupied by some other person
You can recover from the first private owner or occupier (other than a yearly licensee) one-half of the actual value of the fence at the time that person assumes ownership or occupation (S.12). The value of the fence should be ascertained as soon as practicable after the adjoining land becomes so occupied. This procedure also applies to vermin proof fences (s.23). If there is a dispute about the value of the fence, or the person refuses to pay, the matter can be determined by the Magistrates' Court.