{"id":"fences-act-1972","name":"Fences Act 1972","slug":"fences-act-1972","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30095,"registerId":"nt-fences-act-1972-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fences Act 1972","content":"NORTHERN TERRITORY OF AUSTRALIA\nFENCES ACT 1972\nAs in force at 1 June 2015\nTable of provisions\n1 Short title ......................................................................................... 1\n2 State laws not to apply .................................................................... 1\n3 Act not to bind Crown ...................................................................... 1\n4 Saving of related Acts ...................................................................... 1\n5 Definitions ........................................................................................ 1\n6 Liability to contribute to cost of fence............................................... 3\n7 Notice to fence................................................................................. 3\n8 Orders to fence ................................................................................ 4\n9 Enforcement of agreements and orders .......................................... 5\n10 Application for order ex parte........................................................... 5\n11 Liability of new owner for existing fence .......................................... 6\n12 Proceedings for defining boundary line by registered surveyor ....... 6\n13 Action in default of compliance with agreement or order ................. 7\n14 Repair of fences .............................................................................. 8\n15 Notice to repair ................................................................................ 8\n16 Fences bounding roads ................................................................... 9\n20 Apportionment as between owner and lessee ................................. 9\n21 Liability where option to purchase exists ....................................... 10\n22 Entry onto other land ..................................................................... 10\n23 Form of service of notices.............................................................. 10\n23A Dividing fences between Aboriginal community living areas\nand lease from which excised........................................................ 11\n24 Regulations.................................................................................... 11\n25 Transitional matters for Northern Territory Civil and\nAdministrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014 ................................................................. 11\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 June 2015\n____________________\nFENCES ACT 1972\nAn Act relating to fences\n1 Short title\nThis Act may be cited as the Fences Act 1972.\n2 State laws not to apply\n(1) The Fences Act 1892 of the State of South Australia and the\nFences Act Amendment Act 1903 of the State of South Australia\ncease to have effect in the Territory as laws of the Territory.\n(2) Section 8 of the Acts Interpretation Act 1901-1966, in its application\nto Ordinances by virtue of section 4 of the Interpretation\nOrdinance 1978, has effect as if the Fences Act 1892 of the State\nof South Australia and the Fences Act Amendment Act 1903 of the\nState of South Australia were Ordinances and had been repealed\nby this Act.\n3 Act not to bind Crown\nThis Act does not bind the Crown.\n4 Saving of related Acts\nThis Act does not affect the operation or application of the Water\nAct 1992 or Livestock Act 2008.\n5 Definitions\n(1) In this Act:\nadjoining lands includes lands separated by a watercourse, lake\nor other natural feature of such a character as to be insufficient to\nprevent at all times the passage of stock, even if the bed and banks\nof that water-course, lake or natural feature are Crown land, and\nwith respect to lands so separated the term common boundary\nincludes the bed and banks of the watercourse, lake or other\nnatural feature by which those lands are separated.\nCrown land means land of the Crown which is not leased.\n\nFences Act 1972 2\ndividing fence means a fence separating the adjoining lands of\ndifferent owners whether the adjoining lands are wholly or only\npartly separated thereby and whether the fence is on the line of or,\nin an appropriate case, on a line on the common boundary of the\nadjoining lands or on a line other than the line of or a line on the\ncommon boundary or partly on any one of those lines and partly on\nthe other or others.\nfence means a structure of posts and board, palings, rails,\ngalvanised iron, metal or wire or a wall, ditch or embankment or a\ncombination of any of these, enclosing or bounding land and\nincludes any foundation, foundation wall or support reasonably\nnecessary for the support and maintenance of a building but does\nnot include a wall which is part of a building.\nlease includes a lease, a sub-lease, an under-lease and an\nagreement for a lease but does not include a Crown lease and\nlessee has a corresponding meaning.\nnotice to fence means a notice served under section 7.\nnotice to repair means a notice served under section 15.\norder to fence means an order to fence made under section 8\nor 10.\norder to repair means an order made under section 8(3) or 15.\nowner includes every person who, whether jointly or severally at\nlaw or in equity:\n(a) is entitled to land for any estate of freehold in possession; or\n(b) is a lessee of Crown land within the meaning of that\nexpression under any law for the time being in force in the\nTerritory relating to the leasing of Crown land;\nbut does not include trustees or other persons having the control\nand management of land which is a public reserve or park or is\nused for any public purpose which may be prescribed.\nTribunal means the Civil and Administrative Tribunal.\n(2) Where, in any proceedings under this Act, the Tribunal has to\ndetermine what is a sufficient fence for this Act the Tribunal must\nhave regard to:\n(a) the nature of the neighbourhood in which the fence is to be\nerected; and\n\nFences Act 1972 3\n(b) the purpose for which the fence is to be erected; and\n(c) whether any and if so what fences are usual in the\nneighbourhood; and\n(d) the need for the protection of persons or the containment of\nstock in the neighbourhood;\nand the court may determine that no fence is, in the circumstances,\nrequired.\n6 Liability to contribute to cost of fence\n(1) Subject to this Act and to any agreement between the parties\nconcerned, the owners of adjoining lands not divided by a sufficient\nfence are liable to join in or contribute to the construction of a\nsufficient fence dividing their lands in equal proportions whether the\nadjoining lands are to be wholly or only partly separated by the\nproposed fence.\n(2) The Tribunal may, where it considers that there are special\ncircumstances that justify it in so doing, order that the owners of\nadjoining lands not divided by a sufficient fence must join in or\ncontribute to the construction of a sufficient fence dividing their\nlands otherwise than in equal proportions, whether the adjoining\nlands are to be wholly or only partly separated by the proposed\nfence.\n7 Notice to fence\nAn owner desiring to compel an owner of adjoining land to join in or\ncontribute to the construction of a dividing fence under this Act\n(including the demolition of an existing fence and the erection of a\nnew fence) may serve that owner of adjoining land with a notice to\nfence which must be in writing and must:\n(a) specify the common boundary the line of which is to be fenced\nor, where, on account of physical features of the land, it is\nimpracticable to construct a fence wholly on the line of the\ncommon boundary of such adjoining lands or where the\nadjoining lands are separated by a watercourse, lake or other\nnatural feature insufficient to prevent at all times the passage\nof stock, the line on which it is proposed to construct such\nfence, and if part of the line of a common boundary is to be\nfenced, that part; and\n(b) contain a proposal for fencing on the proposed line; and\n(c) specify the kind of fence to be constructed.\n\nFences Act 1972 4\n8 Orders to fence\n(1) If, within one month after the service of a notice to fence, the owner\nserved with the notice to fence and the owner who served that\nnotice do not agree as to the construction of the proposed fence,\nthe line of the proposed fence or the kind of fence proposed, either\nof those owners may apply to the Tribunal for an order determining:\n(a) whether the construction of the proposed fence or a part of it\nor of any fence between the adjoining lands is reasonably\nrequired; or\n(b) what part of any dividing fence is to be constructed by each of\nsuch owners or that the whole of the fence must be\nconstructed by one owner and what proportion of the cost of\nthe construction of the fence must be borne by each of the\nowners respectively; or\n(c) the time within which the fence must be constructed; or\n(d) the line upon which the fence the subject of the order must be\nconstructed; or\n(e) the amount of compensation or annual compensation to be\npaid by one owner to the other owner in consideration of the\nloss of occupation of any land as a result of the construction of\nthe fence the subject of the order; or\n(f) the kind of fence to be constructed; or\n(g) the nature of any other relief to which the applicant is justly\nentitled.\n(2) Upon an application made under subsection (1) the Tribunal may\nmake all or any of the orders sought in the application or such of\nthe orders described in that subsection as either party to the\napplication, at the hearing, requests the Tribunal to make.\n(3) Where the demolition of an existing dividing fence and the erection\nof a new fence in place of the existing fence was proposed by the\nnotice to fence, the Tribunal to which application is made under\nsubsection (1) may, instead of making an order for the demolition of\nthe existing fence and the erection of a new fence, make an order\nto repair the existing fence, specifying:\n(a) the nature of the repairs; and\n(b) which of the adjoining owners must effect the repairs; and\n\nFences Act 1972 5\n(c) the proportions in which the cost of the repairs must be borne;\nand\n(d) the period of time during which no further order to fence may\nbe served with respect to the fence to be repaired unless the\nconsent of the Tribunal is first obtained.\n(4) Where there are 2 or more owners of adjoining land any one of\nthose owners who has not been served with a notice to fence is\nentitled to be joined as a party to any proceedings under this\nsection.\n(5) Where, by agreement or under an order to fence, a fence is\nconstructed otherwise than wholly on the line of the common\nboundary of adjoining lands, the occupation by a person of any land\nadjoining that fence which he or she was not entitled to occupy\nimmediately before the fence was erected must not be taken to be\nadverse possession of the land so occupied nor affect the title of\nany person to the land so occupied.\n(6) In determining the kind of fence to be erected under an order made\nunder this section, the Tribunal must take into account the kind of\nfence usually erected in the locality where the fence is to be\nconstructed and whether it is usual to erect dividing fences in that\nlocality.\n9 Enforcement of agreements and orders\nWhere an agreement is made between owners of adjoining lands\nas to the construction of a dividing fence or an order is made by the\nTribunal as to any such fence and a person bound by that\nagreement or order fails to observe any liability placed on him or\nher by that agreement or order within the time specified in the\nagreement or order or, if no such time is specified, within 6 months\nafter the making of the agreement or order, the other party to the\nagreement or the proceedings in which the order was made may\ncarry out the work of constructing the fence the subject of the\nagreement or of the provisions of the order and recover from the\nfirst-mentioned person the extra cost incurred by him or her\nbecause of the default of the first person.\n10 Application for order ex parte\n(1) An owner may apply to the Tribunal for an order to construct a\ndividing fence even if a notice to fence has not been served on the\nowner of the adjoining land.\n(2) Upon an application made under subsection (1) the Tribunal, if it is\nsatisfied that the applicant has made reasonable enquiries and has\nbeen unable to ascertain the whereabouts of the owner of the\n\nFences Act 1972 6\nadjoining land, may make an order ex parte authorising the\napplicant to construct a dividing fence of the kind and on the line\nspecified in the order.\n(3) Where a fence is constructed under an order made under this\nsection and the successful applicant ascertains the whereabouts of\na person who was liable to be served with a notice to fence at the\ntime the application was made, the successful applicant may serve\non that person a copy of the order to fence.\n(4) Upon service of a copy of an order to fence made under this\nsection:\n(a) the person so served may apply to set aside the order on the\ngrounds that the order was not, at the time it was made, in\naccordance with the justice of the case; or\n(b) unless an order under paragraph (a) has been made, the\nsuccessful applicant is entitled to recover from the person so\nserved one half of the cost of the construction of the fence or\none half of the value of the fence at the date of service\n(whichever is the lesser amount).\n11 Liability of new owner for existing fence\nWhere an owner of land has constructed a dividing fence between\nhis or her land and adjoining Crown land and that adjoining Crown\nland is subsequently alienated from the Crown then the owner of\nthe first-mentioned land may recover from the person to whom the\nadjoining Crown land has been alienated half the value of that\ndividing fence assessed as at the date of the alienation of the\nadjoining Crown land to that person.\n12 Proceedings for defining boundary line by registered surveyor\n(1) Where the owners of adjoining lands do not agree as to the position\nof the common boundary between their respective lands upon\nwhich a dividing fence is proposed to be constructed, either one\nmay give notice to the other of his or her intention to have the\ncommon boundary line defined by a licensed surveyor.\n(2) The owner to whom notice is given must, within 30 days after the\nservice of the notice:\n(a) if satisfied of the position of the common boundary line, define\nit by pegs; or\n(b) employ a licensed surveyor to define the common boundary\nline;\n\nFences Act 1972 7\nand in either case must notify the adjoining owner in writing of what\nhe or she has done.\n(3) If within 2 months from the service of the notice provided for in\nsubsection (1) the owner to whom the notice was given has failed to\nhave the common boundary line defined by a licensed surveyor,\nthen the owner who gave such notice may have the common\nboundary line defined by a licensed surveyor.\n(4) If the common boundary line when defined by a licensed surveyor\nis ascertained to be in substantially the same position as defined by\npegs placed there by the owner receiving the notice given under\nsubsection (1), that owner is entitled to recover the costs incurred\nby him or her in placing the pegs from the owner giving such notice,\nbut where a licensed surveyor has been employed by either such\nowner all reasonable expenses actually incurred and not\nreimbursed by the Territory must be borne in equal shares by the\nadjoining owners.\n13 Action in default of compliance with agreement or order\nWhere:\n(a) an agreement is made between owners of adjoining lands as\nto the repair of a dividing fence or an order to repair a dividing\nfence is made by the Tribunal under section 8(3) or 15; and\n(b) a person bound by that agreement or order fails, within the\ntime specified in the agreement or order or, if no time is\nspecified, within 3 months after the making of the agreement\nor order, to observe a liability placed on him or her by that\nagreement or to comply with that order;\nthe owner of the land separated by the dividing fence the subject of\nthe agreement or order from the land of the person in default may:\n(c) repair the whole fence the subject of the agreement or order;\nand\n(d) recover from the person in default:\n(i) the part of the cost of the repair that the owner of the\nadjoining land was liable to pay under the agreement or\norder or otherwise under this Act; or\n(ii) if the whole of the repair was by the agreement or order\nrequired to be carried out by the person in default, the\nwhole of the cost of the repair.\n\nFences Act 1972 8\n14 Repair of fences\n(1) Subject to this Act and to any agreement between the parties\nconcerned, the owners of land on either side of an existing dividing\nfence are liable to contribute equally to the cost of the repair of the\ndividing fence between their adjoining lands.\n(2) The Tribunal may, where it considers that there are special\ncircumstances that justify it in so doing, order that the owners of\nland on either side of an existing fence must contribute otherwise\nthan equally to the cost of the repair of the dividing fence.\n15 Notice to repair\n(1) The owner of land separated from adjoining land by an existing\ndividing fence may serve a notice to repair on the owner of the\nadjoining land requiring that owner to contribute to the repairing of\nthe fence.\n(2) Such a notice must specify the part of the dividing fence to be\nrepaired, the nature of the repair proposed but must not specify any\nmethod or materials for the repair of the fence which would make\nthe repaired fence a fence of a different kind from the fence which\nwas in existence at the date of the notice.\n(3) If no agreement as to the sharing of the cost of the repair of a fence\nthe subject of a notice under subsection (2) is reached within one\nmonth of the notice the owner serving such notice may repair the\nfence and recover half the cost of that repair from the person on\nwhom a notice complying with this section was served.\n(4) If a dividing fence is damaged or destroyed by flood, storm,\nlightning or tempest, or by fire or accident where the damage or\ndestruction by fire or by accident is not attributable in whole or in\npart to the intention or negligence of the owner of the land on either\nside of the fence or of a servant of such owner the owner of the\nland on either side of the fence may immediately repair the fence\nwithout serving a notice to repair on the owner of the adjoining land\nand following the repair is entitled to recover half the cost of the\nrepair from the owner of the adjoining land.\n(5) Where a dividing fence has been damaged or destroyed by an act\ndone or commenced or an event, other than an event described in\nsubsection (4), happening on land on one side of that dividing\nfence, the owner of the land on which the act was done or\ncommenced or on which the event happened is liable to repair the\ndamage so caused or to reinstate the fence so destroyed and if that\nowner does not do so within one month of the doing of the act or\nthe occurrence of the event, the owner of the adjoining land may\n\nFences Act 1972 9\nrepair the damage or reinstate the fence and recover the\nreasonable cost of doing so from the first-mentioned owner.\n(6) A person on whom a notice to repair has been served may, within\none month after the date of the service of that notice, apply to the\nTribunal for an order determining any of the following:\n(a) that the fence is not in need of repair;\n(b) what repair to the fence is reasonable in the circumstances;\n(c) in the appropriate case, that the existing fence should be\ndemolished and a new fence constructed and in that case the\nkind of new fence to be constructed;\n(d) the proportion of the cost of the repair or of the erection of a\nnew fence which should be borne by each owner of the\nadjoining lands;\n(e) whether both or which of the owners of the adjoining lands\nshould effect the repairs.\n(7) The Tribunal has jurisdiction to make any order sought upon an\napplication under subsection (6) and any other orders as to fencing\non the line of the existing fence as to it may seem just.\n16 Fences bounding roads\nIf the owner of land bounded by a road constructs a sufficient fence\non the boundary of his or her land which is contiguous with the road\nand another owner subsequently adopts any means by which his or\nher land is enclosed by that fence or makes use of that fence in any\nway, that other person is liable to pay to the owner who constructed\nthe fence one half of the value of that fence at the date on which\nthat other person first had or took some step to have any use or\nbenefit from the existence of that fence.\n20 Apportionment as between owner and lessee\nWhere a fence is constructed or repaired and the fence divides any\nland held by a person as a lessee from any adjoining lands, the\ncontribution payable in respect of the fence as between the lessee\nand the owner of the leased land is payable, subject to this Act and\nto any agreement between the lessee and the owner, according to\nthe unexpired term of the lease at the time of the construction or\nrepair of the fence, as follows:\n(a) where the term had less than 5 years to run the contribution is\npayable by the owner;\n\nFences Act 1972 10\n(b) where the term had not less than 5 but less than 10 years to\nrun the lessee must pay one quarter and the owner must pay\nthree quarters of the contribution;\n(c) where the term had not less than 10 but less than 15 years to\nrun the owner and the lessee must each pay half of the\ncontribution;\n(d) where the term had not less than 15 years to run the lessee\nmust pay the whole of the contribution.\n21 Liability where option to purchase exists\nWhere any land in respect of which a contribution has been paid by\nthe owner in respect of the construction or repair of a dividing fence\nis at the time of the payment subject to an option to purchase, the\npurchaser if the purchase is completed, must pay to the owner the\namount of the contribution so paid.\n22 Entry onto other land\nA person engaged in the construction or repair of a dividing fence\nand the person's employees and agents may at all reasonable\ntimes enter upon the land adjoining the fence for the purpose of\ncarrying out the construction or repair of the fence and, where that\nland is Aboriginal land as defined in section 3 of the Aboriginal Land\nAct 1978, may do so even if he or she or any of them does not hold\na permit under that Act to enter or remain on that land.\n23 Form of service of notices\n(1) A notice under this Act may be served personally or by post.\n(2) Service of a notice may be proved by affidavit.\n(3) The description in a notice under this Act of any land, fence, line or\nboundary need not particularly define the land, fence, line or\nboundary if:\n(a) it reasonably identifies the land, fence, line or boundary; or\n(b) it is proved that the person served knew that land, fence, line\nor boundary.\n(4) A person serving a notice under this Act is excused from serving\nmore than one of a number of joint owners of land if the person\nproves that, after making reasonable enquiry the name or\nwhereabouts of the other owner or owners was unknown to the\nperson.\n\nFences Act 1972 11\n23A Dividing fences between Aboriginal community living areas\nand lease from which excised\n(1) In this section:\npastoral lease, see section 3(1) of the Pastoral Land Act 1992.\n(2) The lessee of a pastoral lease or a Crown lease of another kind\nfrom which has been excised an area of land under Part IV of the\nCrown Lands Act 1992 (as in force before the commencement of\nthe Pastoral Land Act 1992) or Part 8 of the Pastoral Land Act 1992\nfor an Aboriginal community living area is not liable to join in or\ncontribute to the construction or, subject to subsection (3) and\nsections 14(2) and 15(2) and (5), the repair of a dividing fence\nbetween the lease and the excised land but otherwise has the\nsame rights and duties under this Act as an owner of the lease, and\nthis Act must be read, where the context so requires, as if a\nreference to contribution were a reference to provision or repair of\nthe dividing fence or the full cost involved.\n(3) Where a boundary of an excised area of land mentioned in\nsubsection (2) was, immediately before that excision, a boundary of\nthe lease from which it was excised, the lessee of the lease is liable\nunder this Act to contribute equally to the cost of the repair of so\nmuch of the dividing fence between the excised land and the lease\nas is equal to the length of the boundary of the excised land that,\nimmediately before the excision, formed the boundary of the lease.\n24 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters which are required or permitted to be\nprescribed by this Act or which are necessary or convenient to be\nprescribed for carrying out or giving effect to this Act.\n25 Transitional matters for Northern Territory Civil and\nAdministrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014\n(1) This section applies if, before the commencement of this section,\nthe court had not decided an application made to it under this Act.\n(2) The application is to be determined by the court under this Act as in\nforce immediately before the commencement of this section.\n\nENDNOTES\nFences Act 1972 12\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFences Ordinance 1972 (Act No. 34, 1972)\nAssent date 31 July 1972\nCommenced 31 July 1972\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nFences Ordinance 1974 (Act No. 25, 1974)\nAssent date 19 August 1974\nCommenced 19 August 1974\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\n\nENDNOTES\nFences Act 1972 13\nStatute Law Revision Act (No. 2) 1978 (Act No. 19, 1979)\nAssent date 2 February 1979\nCommenced 2 February 1979\nStatute Law Revision Act 1983 (Act No. 58, 1983)\nAssent date 28 November 1983\nCommenced 28 November 1983\nFences Amendment Act 1988 (Act No. 26, 1988)\nAssent date 1 September 1988\nCommenced 1 September 1988\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced s 6: 5 June 1989; rem: 1 January 1991 (s 2, s 2 Small Claims\nAmendment Act 1988 (Act No. 43, 1988), Gaz G17,\n3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989)\nand Gaz G49, 12 December 1990, p 2)\nMiscellaneous Acts Amendment (Aboriginal Community Living Areas) Act 1989 (Act\nNo. 78, 1989)\nAssent date 22 December 1989\nCommenced 1 March 1990 (Gaz S12, 28 February 1990)\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\nWater (Consequential Amendments) Act 1992 (Act No. 27, 1992)\nAssent date 5 June 1992\nCommenced 1 July 1992 (s 2, s 2 Water Act 1992 (Act No. 19, 1992) and\nGaz S35, 30 June 1992)\nFences Amendment Act 1993 (Act No. 66, 1993)\nAssent date 9 November 1993\nCommenced 1 December 1993 (s 2, s 2 Pastoral Land Amendment Act\n(No. 2) 1993 (Act No. 68, 1993) and Gaz S95,\n1 December 1993)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nLivestock Act 2008 (Act No. 36, 2008)\nAssent date 8 December 2008\nCommenced 1 September 2009 (Gaz G34, 26 August 2009, p 3)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\n\nENDNOTES\nFences Act 1972 14\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014 (Act No. 34, 2014)\nAssent date 13 November 2014\nCommenced 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nJustice Legislation Amendment Act 2015 (Act No. 14, 2015)\nAssent date 22 May 2015\nCommenced pts 4, 6, 7 and 9: 1 June 2015; rem: 1 July 2015 (Gaz S53,\n29 May 2015, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 5, 8, 9, 10, 12, 15, 18 and 20.\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, 4, 22, and 23A.\n5 LIST OF AMENDMENTS\nlt amd No. 58, 1983, s 3\nss 1 – 3 amd No. 58, 1983, s 3\ns 4 amd No. 25, 1974, s 3\nsub No. 58, 1983, s 3\namd No. 27, 1992, s 3; No. 36, 2008, s 150\ns 5 amd No. 19, 1979, s 11; No. 58, 1983, s 3, No. 14, 1989, s 7; No. 30, 2011,\ns 3; No. 34, 2014, s 9; No. 14, 2015, s 45\ns 6 amd No. 58, 1983, s 3; No. 14, 1989, s 7; No. 30, 2011, s 3; No. 34, 2014,\ns 13\ns 7 amd No. 30, 2011, s 3\ns 8 amd No. 25, 1974, s 4; No. 14, 1989, s 7; No. 30, 2011, s 3; No. 34, 2014,\ns 13; No. 14, 2015, s 46\nss 9 – 10 amd No. 14, 1989, s 7; No. 30, 2011, s 3; No. 34, 2014, s 13\nss 11 – 12 amd No. 19, 1979, s 11; No. 30, 2011, s 3\ns 13 sub No. 25, 1974, s 5\namd No. 58, 1983, s 3; No. 14, 1989, s 7; No. 30, 2011, s 3; No. 34, 2014,\ns 13\ns 14 amd No. 58, 1983, s 3; No. 14, 1989, s 7; No. 30, 2011, s 3; No. 34, 2014,\ns 13\ns 15 amd No. 14, 1989, s 7; No. 30, 2011, s 3; No. 34, 2014, s 13; No. 14, 2015,\ns 47\ns 16 amd No. 30, 2011, s 3\ns 17 amd No. 58, 1983, s 3; No. 14, 1989, s 7; No. 44, 2005, s 35\nrep No. 34, 2014, s 10\ns 18 amd No. 58, 1983, s 3; No. 14, 1989, s 7\nrep No. 34, 2014, s 10\ns 19 amd No. 58, 1983, s 3; No. 14, 1989, s 7; No. 30, 2011, s 3\nrep No. 34, 2014, s 11\ns 20 amd No. 25, 1974, s 6; No. 58, 1983, s 3; No. 30, 2011, s 3\ns 21 amd No. 30, 2011, s 3\ns 22 amd No. 26, 1988, s 2; No. 30, 2011, s 3\n\nENDNOTES\nFences Act 1972 15\ns 23 amd No. 58, 1983, s 3; No. 30, 2011, s 3\ns 23A ins No. 78, 1989, s 13\namd No. 39, 1992, s 3; No. 66, 1993, s 3; No. 30, 2011, s 3\ns 24 amd No. 95, 1978, s 14; No. 19, 1979, s 11; No. 58, 1983, s 3\ns 25 ins No. 34, 2014, s 12","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act as now framed has expanded in scope from a simple rule about neighbours sharing fence costs to a more detailed statutory scheme that: (a) confers dispute resolution jurisdiction on the Territory’s Civil and Administrative Tribunal and provides extensive Tribunal discretion (s 8, s 5(2)); (b) creates tailored rules for lessees and for pastoral leases/areas excised for Aboriginal community living areas (s 20, s 23A); (c) sets out complete procedural pathways for notices, ex parte orders, and surveyor-defined boundaries (ss 7, 10, 12); and (d) interfaces explicitly with other Territory statutes (Water Act, Livestock Act) and land regimes. These additions broadened the instrument from simple neighbourly cost-sharing to a more comprehensive administrative and adjudicative framework governing construction, repair, boundary definition, and entry rights."},"complexity_factors":["Length: relatively short Act (about 25 substantive sections) but several procedural detail sections (notice, time limits, Tribunal applications).","Defined terms concentrated in s 5 (multiple defined items: adjoining lands, Crown land, dividing fence, fence, lease, owner, notice definitions, Tribunal).","Multiple timeframes and notice periods (e.g. 1 month for response to notice to fence (s 8), 30 days for surveyor action (s 12), 1 month to negotiate repair (s 15(3)), 2 months for surveyor default (s 12(3)), 3–6 month default remedies (ss 9,13)).","Cross-references to other legislation and institutions (Water Act 1992, Livestock Act 2008, Aboriginal Land Act 1978, Pastoral Land Act 1992, and the Civil and Administrative Tribunal), creating external dependency. (ss 3–4, 22, 23A, s 5 definition of Tribunal).","Discretionary powers and standards: Tribunal can vary equal contributions, decide what is a \"sufficient fence\", whether to repair or replace, and apportion costs — introduces case-by-case complexity (s 5(2), s 6(2), s 8, s 14).","Special exceptions and tailored rules: Crown not bound (s 3); special provisions for excised Aboriginal community living areas and pastoral leases (s 23A); lessee-owner apportionment rules (s 20) — multiple exception tracks. ","Procedural remedies and enforcement mechanisms vary (construction by one party and recovery of extra costs (s 9); repair in default and recovery (s 13); ex parte orders with later rights to set aside (s 10)).","Variations in how a fence is defined (physical structures, foundations, but excludes a building wall) and how location may be off the exact boundary in certain circumstances (s 5 definitions, s 8(5))."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- The Act sets out who must pay for and who can be required to build or repair a fence that divides neighbouring properties (a \"dividing fence\") and how disputes about those fences are resolved. (See sections 5–16.)\n\n- Owners of adjoining land who are not already divided by a \"sufficient fence\" must share the cost of constructing one equally, unless the Tribunal orders a different split for special circumstances. (s 6(1)–(2))\n\n- To start the process a landowner serves a written \"notice to fence\" telling the neighbour where and what kind of fence is proposed. If the neighbours cannot agree within one month, either may apply to the Civil and Administrative Tribunal (the Tribunal) for orders about whether a fence is required, the line, the kind of fence, who pays what share, timing, compensation for loss of occupation, or other relief. (s 7–8)\n\n- The Tribunal can instead order repair of an existing fence rather than replacement, and can set proportions for repair costs. (s 8(3), s 14)\n\n- If an owner cannot find the neighbour, they may apply to the Tribunal ex parte (without the neighbour present) for permission to build; if the absent owner is later located, they can ask the Tribunal to set the order aside or must pay half the lesser of the construction cost or the fence’s value at service date. (s 10)\n\n- The Act prescribes notice and timing rules for repair notices, and allows one owner to carry out repairs or construction and then recover the relevant share of costs from the defaulting neighbour. There are shorter and longer time limits depending on the proceeding (e.g. one month to respond to a notice to fence; one month to negotiate a repair after a notice to repair; statutory backstops of 3–6 months for performing ordered work). (ss 9, 13–15)\n\n- Special rules deal with:\n  - dividing fences on or next to roads (payment for adopters of an existing fence) (s 16);\n  - how contributions are split between a lessee and the freehold owner depending on the unexpired lease term (s 20);\n  - fences between pastoral leases (or other Crown leases) and areas excised for Aboriginal community living areas; lessee liability is limited in specified ways, and some repair obligations are apportioned by reference to the length of the excision boundary (s 23A);\n  - the right to enter neighbouring land at reasonable times to carry out fence work, including limited entry onto Aboriginal land without a separate permit for that purpose (s 22);\n  - resolving boundary uncertainty by licensed surveyors and how survey costs are shared (s 12).\n\n- The Act does not bind the Crown (the government) and it preserves the operation of the Territory’s Water and Livestock Acts (ss 3–4).\n\n**Who it affects**\n\n- Private owners of adjoining land where a dividing fence is needed or needs repair — they are the primary parties who pay for, build, or litigate over fences (ss 5, 6, 14).\n- Lessees and landlords where a fence borders leased land — the Act prescribes apportionment rules based on remaining lease term (s 20).\n- Owners receiving land from the Crown: if Crown land adjacent to an existing fence is alienated, the new owner may be liable to reimburse half the fence value (s 11).\n- Aboriginal community living areas and pastoral or Crown leases have tailored rules that change who pays and who is treated as an \"owner\" for some purposes (s 23A, s 22).\n- Contractors or persons who actually construct or repair fences (they can enter neighbouring land to carry out the work; s 22).\n- The Civil and Administrative Tribunal, which decides disputes and can vary equal-split rules (numerous sections).\n\n**Why it matters (claimed purpose and operational effects)**\n\n- The Act claims to provide an orderly default system for sharing costs of fences where neighbours disagree and a fast, low-cost dispute route through notice procedures and Tribunal orders (ss 6–10). That is the stated purpose of the mechanics above.\n\n- Tested against practical costs and incentives:\n  - Who pays: default is equal sharing by owners adjoining a fence (s 6(1)); lessees may bear more or less depending on lease length (s 20). This transfers direct building and repair costs onto private landholders and, in some cases, lessees rather than owners. The Tribunal can depart from equal sharing where it finds special circumstances (s 6(2), s 14(2)), creating discretionary allocation risk.\n  - Effect on private choice and contract freedom: parties may contract around the default (the Act repeatedly saves agreements between parties), but where no agreement exists the statutory default and Tribunal powers restrict full contractual freedom (see s 6 ‘‘subject to any agreement’’ and Tribunal powers in s 8 and s 14). That means neighbours cannot simply refuse to share costs without legal exposure.\n  - Administrative and compliance burden: notice requirements, statutory time limits, and potential Tribunal proceedings create modest procedural costs (ss 7, 10, 12, 15). Using licensed surveyors and Tribunal hearings creates out-of-pocket costs and delay risks.\n  - Effects on businesses: fence contractors may gain business from disputes and repairs, and property transactions can involve additional liabilities (s 11, s 21). Conversely, an inability to contractually allocate responsibility cleanly may increase transaction costs for leasing and land development.\n  - Implementation risks and discretion: Tribunal discretion to alter cost shares and to decide what is a \"sufficient fence\" (considering local norms and stock containment; s 5(2) and s 8) introduces case-by-case uncertainty about outcomes and cost exposure.\n\n**Trade-offs, concentrated benefits and diffuse costs**\n\n- Concentrated benefits: a neighbour who manages to obtain a Tribunal order requiring the other to pay a larger share benefits financially; contractors benefit from repair and construction work. (s 8, s 14)\n\n- Diffuse costs: small homeowners may face costs and procedural burden to engage the Tribunal or to serve notices, and lessees may shoulder more of the cost depending on lease term (s 20). The Act centralises dispute resolution in the Tribunal, which can reduce bilateral bargaining but shift costs into a formal process (s 8).\n\n**Implementation and legal risks highlighted by the text**\n\n- The Act allows entry onto Aboriginal land for fence work without the usual permit (s 22) — a specific operational liberty that has legal and practical sensitivities.\n\n- Multiple time limits and procedural routes (notice to fence; notice to repair; ex parte orders; surveyor steps) create opportunities for procedural missteps that can affect legal rights (ss 7, 10, 12, 15).\n\n**How behaviour changes**\n\n- Neighbours are incentivised to serve a notice to fence if they want a compulsory cost-share (s 7). If they do not negotiate or agree, they are incentivised to go to the Tribunal rather than build without statutory protection (s 8–10).\n\n- Lessees facing long leases will be more likely to pay for fences (s 20), which influences leasing negotiations and maintenance choices.\n\n- Owners may prefer repair rather than replacement because the Tribunal can order repair instead of replacement and fix cost shares for repairs (s 8(3), s 14).\n\n**Key procedural citations referenced above:** ss 5–16, 20–23A."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1972 Act was a straightforward fence-dispute resolution mechanism between private landowners. Over 43 years of amendments, it has expanded significantly to address: (1) Aboriginal land rights and pastoral lease excisions (s 23A added 1989); (2) changing institutional frameworks (Local Court to Small Claims to Civil and Administrative Tribunal jurisdiction transfers); (3) specific apportionment rules for leasehold tenures (s 20); and (4) interaction with modern land management statutes (Water Act, Livestock Act). The addition of s 25 in 2014 for transitional tribunal matters also shows institutional layering. The Act now functions as a specialised module within a broader land law ecosystem rather than a standalone disputes procedure."},"complexity_factors":["Multiple defined terms in section 5 (11 defined terms including technical distinctions between 'lease', 'Crown lease', and 'lessee')","Nested conditional logic in section 20 regarding apportionment between owners and lessees based on lease term remaining (4-tiered formula: <5 years, 5-10 years, 10-15 years, 15+ years)","Cross-references to other legislation (Water Act 1992, Livestock Act 2008, Aboriginal Land Act 1978, Pastoral Land Act 1992, Crown Lands Act 1992)","Multiple exceptions and special cases: Aboriginal community living areas (s 23A), Crown land alienation (s 11), options to purchase (s 21), damage by natural disasters vs negligence (s 15(4)-(5))","Procedural requirements with specific timeframes (1 month for notice response, 30 days for boundary definition, 6 months for compliance, etc.)","Dual pathways for enforcement (agreements vs Tribunal orders) with slightly different rules for each"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's rulebook for who pays for fences between neighbouring properties. It sets out how neighbours share the cost of building, repairing, and maintaining dividing fences.\n\n**Key points:**\n\n- **Equal shares, usually:** If you want a fence between your property and your neighbour's, you generally split the cost 50/50. The same goes for repairs.\n- **\"Sufficient fence\":** The law doesn't mean any old fence. A \"sufficient fence\" depends on what's normal for the area, what you need it for (keeping stock in, security, etc.), and local standards.\n- **The process:**\n  - You serve a written **notice to fence** on your neighbour proposing the type of fence and where it goes.\n  - If you can't agree within a month, either of you can apply to the **Civil and Administrative Tribunal** (a dispute resolution body) for an order.\n  - The Tribunal can decide what kind of fence, where it goes, who pays what, and when it must be built.\n- **Repairs:** Similar rules apply. If a storm or flood damages the fence, you can fix it straight away and claim half the cost from your neighbour. If your neighbour damages it (say, by negligence), they pay for the repair.\n- **Special situations:**\n  - **Leases:** If you're renting, who pays depends on how long the lease has left. Short leases (under 5 years) = landlord pays; long leases (15+ years) = tenant pays.\n  - **Crown land:** If you build a fence next to government land that later gets sold, you can claim half the value from the new owner.\n  - **Aboriginal land:** Special rules apply for fences between pastoral leases and Aboriginal community living areas. Generally, the pastoralist doesn't have to contribute to building the fence, but may have to help with repairs in some cases.\n  - **Missing neighbours:** If you can't find your neighbour, you can apply to the Tribunal to build the fence without them, then claim half the cost later when you track them down.\n\n**Who it affects:**\n\nAnyone who owns or leases land in the Northern Territory that shares a boundary with someone else's property.\n\n**Why it matters:**\n\nFence disputes are one of the most common neighbour conflicts. This law provides a clear, step-by-step process to resolve them without expensive court battles. It protects both neighbours by ensuring costs are shared fairly and giving a neutral body (the Tribunal) the power to settle disagreements."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fences-act-1972","history":"/api/acts/fences-act-1972/history","analysis":"/api/acts/fences-act-1972/analysis","conflicts":"/api/acts/fences-act-1972/conflicts","importantCases":"/api/acts/fences-act-1972/important-cases","documents":"/api/acts/fences-act-1972/documents"}}