Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Common Boundaries Regulation 2024
SL2024-29
made under the
Common Boundaries Act 1981
Republication No 1
Effective: 13 September 2024
Republication date: 13 September 2024
Regulation not amended
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Common Boundaries Regulation 2024, made under the Common
Boundaries Act 1981 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 13 September 2024. It also includes any commencement,
repeal or expiry affecting this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Common Boundaries Regulation 2024
made under the
Common Boundaries Act 1981
Contents
Page
1 Name of regulation 2
3 Matters to be taken into account by ACAT—dividing fences a safety
barrier for regulated swimming pool—Act, s 13A (2) 2
Endnotes
1 About the endnotes 5
2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 6
Section 1 - Common Boundaries Regulation 2024 - Common Boundaries Regulation 2024 | Zoe
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Common Boundaries Regulation 2024
made under the
Common Boundaries Act 1981
Section 1
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1 Name of regulation
This regulation is the Common Boundaries Regulation 2024.
3 Matters to be taken into account by ACAT—dividing
fences a safety barrier for regulated swimming pool—Act,
s 13A (2)
(1) The ACAT must take into account the following matters in making a
determination under the Act, division 2.1 (Fences requested by
occupiers):
(a) whether 1 or more parties to the application for the
determination must comply with all or part of the requirements
under the Building Act 2004, part 5A (Regulated swimming
pools) (the swimming pool safety requirements);
(b) whether the cost of erecting, repairing or replacing a fence that
will be a compliant fence is different to the cost of erecting,
repairing or replacing a fence that will not be a compliant fence;
(c) if the cost of the compliant fence is more than the cost of a fence
that is not a compliant fence—
(i) for a determination mentioned in the Act,
section 10 (2) (d)—whether the amount that should be
contributed to the cost by the party who is not the party
responsible for erecting the fence should be adjusted
because 1 party must comply with all or part of the
swimming pool safety requirements to a greater extent than
the other party; or
(ii) for a determination mentioned in the Act, section 11 (3) (e)
or section 12 (3) (a)—whether 1 party should bear a greater
proportion of the cost of repairing or replacing the fence
because that party must comply with all or part of the
swimming pool safety requirements to a greater extent than
the other party; or
Section 3
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(iii) for a determination mentioned in the Act, section 12 (2) or
section 13 (2)—whether it is reasonable that the party who
is not the applicant is required to contribute to the cost of
the applicant erecting, repairing or replacing the fence
because the applicant must comply with all or part of the
swimming pool safety requirements to a greater extent than
the other party; or
(iv) for a determination mentioned in the Act,
section 13 (3) (a), if the circumstance mentioned in the
Act, section 13 (4) (b), applies—whether it is reasonable
for the amount to be adjusted because the applicant must
comply with all or part of the swimming pool safety
requirements to a greater extent than the other party.
Examples—party with a greater extent of compliance
1 the party who must maintain a safety barrier for a regulated swimming
pool on their parcel of land, if the other party does not have a regulated
swimming pool on their parcel of land
2 the party who must maintain a safety barrier for a regulated swimming
pool on their parcel of land, if the other party has been granted a
Ministerial exemption in relation to a regulated swimming pool on their
parcel of land or a standing exemption applies to the pool on their parcel
of land
(2) In this section:
compliant fence means a fence that complies with all the swimming
pool safety requirements each party to the application for a
determination must comply with.
Ministerial exemption, in relation to a regulated swimming pool—
see the Building Act 2004, section 83 (1).
regulated swimming pool—see the Building Act 2004,
section 83B (1).
Section 3
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safety barrier, for a regulated swimming pool—see the Building
Act 2004, section 83 (1).
standing exemption, for a regulated swimming pool—see the
Building Act 2004, section 83 (1).
Endnotes
About the endnotes 1
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired