QLDIn ForceAct
Building Act 1975
sec.245XJNegligent or deliberate act or omission
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### sec.245XJ Negligent or deliberate act or omission
This section applies if, whether before or after the commencement of this section, a dividing fence forming part of a pool barrier is damaged or destroyed by a negligent or deliberate act or omission of—
an owner of land; or
a person who has entered the owner’s land with the owner’s express consent, whether written or oral.
The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.
If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 245XM or carry out urgent fencing work under section 245XK .
s 245XJ ins 2011 No. 27 s 218
(sec.245XJ-ssec.1) This section applies if, whether before or after the commencement of this section, a dividing fence forming part of a pool barrier is damaged or destroyed by a negligent or deliberate act or omission of— an owner of land; or a person who has entered the owner’s land with the owner’s express consent, whether written or oral.
(sec.245XJ-ssec.2) The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 245XM or carry out urgent fencing work under section 245XK .
- (a) an owner of land; or
- (b) a person who has entered the owner’s land with the owner’s express consent, whether written or oral.