4Determination as to “sufficient dividing fence”

#### 4 Determination as to “sufficient dividing fence” 4 Determination as to “sufficient dividing fence” > In any proceedings under this Act, the Local Court or the Civil and Administrative Tribunal is to consider all the circumstances of the case when determining the standard for a sufficient dividing fence for the purposes of this Act, including the following: > > > (a) the existing dividing fence (if any), > > > (b) the purposes for which the adjoining lands are used or intended to be used, > > > (c) the privacy or other concerns of the adjoining land owners, > > > (d) the kind of dividing fence usual in the locality, > > > (e) any policy or code relating to dividing fences adopted by the council of the local government area in which the adjoining lands are situated, > > > (f) any relevant environmental planning instrument relating to the adjoining lands or to the locality in which they are situated, > > > (g) in the case of a dividing fence affecting land the subject of a lease under the [Western Lands Act 1901](/view/html/repealed/current/act-1901-070), any order in force under section 18A of that Act immediately before the repeal of that Act. > > **s 4:** Am 2007 No 94, Sch 1.31 \[1\]; 2009 No 9, Sch 3.4 \[2\]; 2013 No 95, Sch 8.9 \[2\]; 2017 No 17, Sch 4.21 \[2\].