Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.10No effect on agreements or particular law
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sec.10 No effect on agreements or particular law
This chapter does not affect— a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or a law about retaining walls or rights of support, including easements of support. To remove any doubt, it is declared that this chapter does not prevent the State, a local government or other entity from entering into an agreement to contribute to fencing work. (sec.10-ssec.1) This chapter does not affect— a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or a law about retaining walls or rights of support, including easements of support. (sec.10-ssec.2) To remove any doubt, it is declared that this chapter does not prevent the State, a local government or other entity from entering into an agreement to contribute to fencing work.
- (a) a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or
- (b) a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or
- (c) a law about retaining walls or rights of support, including easements of support.