14Orders as to fencing work

#### 14 Orders as to fencing work 14 Orders as to fencing work > > (1) The Local Court or the Civil and Administrative Tribunal may, in respect of an application under this Act, make an order determining any one or more of the following: > > > > > (a) the boundary or line on which the fencing work is to be carried out, whether or not that boundary or line is on the common boundary of the adjoining lands, > > > > > (b) the fencing work to be carried out (including the kind of dividing fence involved), > > > > > (c) the manner in which contributions for the fencing work are to be apportioned or re-apportioned or the amount that each adjoining owner is liable to pay for that work, > > > > > (d) which portion of the dividing fence is to be constructed or repaired by either owner, > > > > > (e) the time within which the fencing work is to be carried out, > > > > > (f) the amount of any compensation (in the form of an annual payment to either of the adjoining owners) in consideration of loss of occupation of any land, > > > > > (g) that, in the circumstances, no dividing fence is required in respect of all or part of the boundary of the adjoining lands. > > > (1A) Despite subsection (1), no order may be made for the carrying out of fencing work on a declared area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) without the consent of the Environment Agency Head (within the meaning of that Act). > > > (2) The occupation of land on either side of a dividing fence, as a result of an order determining that fencing work is to be carried out otherwise than on the common boundary of the adjoining lands, is not taken to be adverse possession as against the owner or to affect the title to or possession of the land, except for the purposes of this Act. > > **s 14:** Am 1995 No 101, Sch 6; 2007 No 94, Sch 1.31 \[2\]; 2008 No 72, Sch 1 \[4\]; 2013 No 95, Sch 8.9 \[11\]; 2018 No 25, Sch 3.5.