QLDIn ForceAct
Building Act 1975
sec.245XKUrgent fencing work
Start here
Get a plain-English read of sec.245XK
Turn the raw legal text into a practical explanation grounded in Building Act 1975.
### sec.245XK Urgent fencing work
This section applies if all or part of a dividing fence forming part of a pool barrier is damaged or destroyed and, in the circumstances, urgent fencing work is required.
If it is impracticable to give a notice under section 245XM , an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.
Contribution from an owner to the cost of the urgent fencing work may be obtained after giving a notice to the owner under section 245XN .
The cause of the damage or destruction does not affect the operation of this section.
However, if the dividing fence is damaged or destroyed in a way that renders a regulated pool, that uses the fence to form part of its pool barrier, noncompliant with the pool safety standard—
urgent fencing work is taken to be required; and
it is taken to be impracticable to give notice under section 245XM .
s 245XK ins 2011 No. 27 s 218
(sec.245XK-ssec.1) This section applies if all or part of a dividing fence forming part of a pool barrier is damaged or destroyed and, in the circumstances, urgent fencing work is required.
(sec.245XK-ssec.2) If it is impracticable to give a notice under section 245XM , an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. Contribution from an owner to the cost of the urgent fencing work may be obtained after giving a notice to the owner under section 245XN .
(sec.245XK-ssec.3) The cause of the damage or destruction does not affect the operation of this section.
(sec.245XK-ssec.4) However, if the dividing fence is damaged or destroyed in a way that renders a regulated pool, that uses the fence to form part of its pool barrier, noncompliant with the pool safety standard— urgent fencing work is taken to be required; and it is taken to be impracticable to give notice under section 245XM .
- (a) urgent fencing work is taken to be required; and
- (b) it is taken to be impracticable to give notice under section 245XM .