QLDIn ForceAct
Land Act 1994
sec.488Fencing conditions and exemptions
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### sec.488 Fencing conditions and exemptions
The conditions mentioned in subsection (2) continue to apply to—
pre-Wolfe freeholding leases applied for before 5 February 1990 and issued under the repealed Act, part 4 , division 5 ; and
grazing homestead freeholding leases; and
grazing homestead perpetual leases.
The lessee must—
within 3 years after the lease starts, enclose the land with a good and substantial fence of the standard stated in the opening notification or imposed by the Minister or have an existing and substantial fence in good repair; and
keep the land fenced in the way mentioned in paragraph (a) .
If the lessee is the owner of adjoining land, the lessee need not enclose the lease if the lease and the adjoining land are wholly enclosed with a good and substantial fence.
The Minister may exempt a lessee who applies for exemption from fencing conditions of a lease.
The exemption may be for a stated time and may be conditional.
An exemption granted under subsection (5) may be withdrawn after giving reasonable notice of the intention to withdraw the exemption.
(sec.488-ssec.1) The conditions mentioned in subsection (2) continue to apply to— pre-Wolfe freeholding leases applied for before 5 February 1990 and issued under the repealed Act, part 4 , division 5 ; and grazing homestead freeholding leases; and grazing homestead perpetual leases.
(sec.488-ssec.2) The lessee must— within 3 years after the lease starts, enclose the land with a good and substantial fence of the standard stated in the opening notification or imposed by the Minister or have an existing and substantial fence in good repair; and keep the land fenced in the way mentioned in paragraph (a) .
(sec.488-ssec.3) If the lessee is the owner of adjoining land, the lessee need not enclose the lease if the lease and the adjoining land are wholly enclosed with a good and substantial fence.
(sec.488-ssec.4) The Minister may exempt a lessee who applies for exemption from fencing conditions of a lease.
(sec.488-ssec.5) The exemption may be for a stated time and may be conditional.
(sec.488-ssec.6) An exemption granted under subsection (5) may be withdrawn after giving reasonable notice of the intention to withdraw the exemption.
- (a) pre-Wolfe freeholding leases applied for before 5 February 1990 and issued under the repealed Act, part 4 , division 5 ; and
- (b) grazing homestead freeholding leases; and
- (c) grazing homestead perpetual leases.
- (a) within 3 years after the lease starts, enclose the land with a good and substantial fence of the standard stated in the opening notification or imposed by the Minister or have an existing and substantial fence in good repair; and
- (b) keep the land fenced in the way mentioned in paragraph (a) .