{"id":"dividing-fences-regulations-1971","name":"Dividing Fences Regulations 1971","slug":"dividing-fences-regulations-1971","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174562,"registerId":"wa-dividing-fences-regulations-1971-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dividing Fences Regulations 1971","content":"![Crest]()Western Australia\n\nDividing Fences Act 1961\n\nDividing Fences Regulations 1971\n\nWestern Australia\n\nDividing Fences Regulations 1971\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Exclusion from meaning of “owner” 1\n\nNotes\n\nCompilation table 2\n\nDefined terms\n\n  \n\nWestern Australia\n\nDividing Fences Act 1961\n\nDividing Fences Regulations 1971\n\n##### 1. Citation\n\nThese regulations may be cited as the *Dividing Fences Regulations 1971* 1.\n\n##### 2. Interpretation\n\nIn these regulations —\n\n  open spaces, public, rights of way, roads, streets, have the same respective meanings as they have in and for the purposes of the *Town Planning and Development Act 1928*; and\n\n  the Act means the *Dividing Fences Act 1961*.\n\n##### 3. Exclusion from meaning of “owner”\n\nUnder and for the purposes of the Act “owner” does not include —\n\n(a) any trustees or other persons in whom land is vested; or\n\n(b) a person who has the care, control and management of land used,\n\nfor open spaces, streets, roads, or rights of way that are public.\n\nNotes\n\n1 This is a reprint as at 9 January 2004 of the *Dividing Fences Regulations 1971*. The following table contains information about these regulations and any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Dividing Fences Regulations 1971* | 23 Dec 1971 p. 5322 | 23 Dec 1971 |\n| **Reprint 1: The *Dividing Fences Regulations 1971* as at 9 Jan 2004** | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nopen spaces 2\n\npublic 2\n\nrights of way 2\n\nroads 2\n\nstreets 2\n\nthe Act 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: clarifying that public land managers are excluded from fence cost-sharing obligations under the parent Act. There is no evidence of scope creep; the instrument has remained substantively unchanged since 1971."},"complexity_factors":["Extremely short: only 3 operative provisions spanning less than a page","Minimal defined terms: 6 terms defined, all by reference to another Act rather than standalone definitions","Single substantive provision (regulation 3) containing a straightforward exclusion with two simple limbs","No cross-references beyond the single reference to the Town Planning and Development Act 1928","No conditional logic, exceptions to exceptions, or temporal provisions","No machinery provisions (enforcement, offences, forms, etc.)"],"plain_english_summary":"These regulations are a short, technical add-on to Western Australia's Dividing Fences Act 1961, which deals with disputes between neighbours about boundary fences. The regulations do two main things:\n\n**First**, they import definitions from an old planning law (the Town Planning and Development Act 1928) so that terms like \"roads,\" \"streets,\" and \"public open spaces\" mean the same thing across both laws.\n\n**Second**, and more importantly, they **carve out exceptions** for who counts as an \"owner\" under the Act. Specifically, the regulations say that certain people managing public land are **not** \"owners\" for the purposes of fence disputes:\n\n- **Trustees** or others who hold legal title to land\n- **People who manage or control** public open spaces, streets, roads, or rights of way\n\n**Why this matters:** If you live next to a public park, road reserve, or similar public land, these regulations mean you generally **cannot force the government** (or its trustees/managers) to split the cost of a dividing fence with you under the Act. The neighbourly fence-cost-sharing rules don't apply to these public bodies."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations operate as clarifications to the Dividing Fences Act 1961: they import definitions from the Town Planning and Development Act 1928 (reg 2) and exclude trustees and managers of public open spaces, streets, roads or rights of way from the Act’s definition of “owner” (reg 3). They do not create new duties or expand liability beyond the Act’s framework; they narrow or specify who falls within the term “owner” for the Act’s application."},"complexity_factors":["Very short instrument (3 regulations) — limited textual material to interpret.","Relies on external statute for five defined terms (reg 2) — requires cross‑reference to the Town Planning and Development Act 1928 to determine precise meanings.","Narrow definitional exclusion for “owner” (reg 3) — requires factual inquiry into whether land is vested in trustees or under the care, control and management of a person, which can create case‑by‑case uncertainty.","No new procedures, penalties or administrative powers — low procedural complexity and limited bureaucratic discretion.","Potential practical impact concentrated on allocation of financial and notice obligations between private owners and public land managers."],"plain_english_summary":"These regulations clarify terms used in the Dividing Fences Act 1961 for Western Australia by adopting the meanings of open spaces, public, rights of way, roads and streets from the Town Planning and Development Act 1928 and by excluding trustees and persons managing public open spaces, streets, roads or rights of way from the Act’s definition of “owner”. That changes who counts as an “owner” for dividing‑fence obligations and therefore who may be required to contribute or be subject to duties under the Act."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page has been removed from the Western Australian legislation website due to a system upgrade."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'page not found' error","Cannot assess complexity without access to the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## Dividing Fences Regulations 1971 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian legislation could not be retrieved. The page hosting the Dividing Fences Regulations 1971 is no longer available at its previous web address due to a system upgrade.\n\n**What we know:**\n- This is a **Western Australian regulation** (a type of law made under a parent Act, rather than by Parliament directly)\n- It dates from **1971**, suggesting it deals with long-standing rules about dividing fences (the fences between neighbouring properties)\n- Dividing fence laws generally govern **who pays for fences, what kind of fences can be built, and how neighbours resolve disputes** about shared boundary fences\n\n**If this affects you**, try:\n- Visiting the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the page"}},"importantCases":[],"_links":{"self":"/api/acts/dividing-fences-regulations-1971","history":"/api/acts/dividing-fences-regulations-1971/history","analysis":"/api/acts/dividing-fences-regulations-1971/analysis","conflicts":"/api/acts/dividing-fences-regulations-1971/conflicts","importantCases":"/api/acts/dividing-fences-regulations-1971/important-cases","documents":"/api/acts/dividing-fences-regulations-1971/documents"}}