sec.13Meaning of sufficient dividing fence

sec.13 Meaning of sufficient dividing fence

A dividing fence is a sufficient dividing fence if— for adjoining land consisting of 2 parcels of residential land, the dividing fence— is between a minimum of 0.5m and a maximum of 1.8m in height; and consists substantially of prescribed material; or for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or in any case— the adjoining owners agree the dividing fence is a sufficient dividing fence; or QCAT decides the dividing fence is a sufficient dividing fence. For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence. In this section— prescribed material , for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law— wood, including timber palings and lattice panels; chain wire; metal panels or rods; bricks; rendered cement; concrete blocks; hedge or other vegetative barrier; other material of which a dividing fence is ordinarily constructed. (sec.13-ssec.1) A dividing fence is a sufficient dividing fence if— for adjoining land consisting of 2 parcels of residential land, the dividing fence— is between a minimum of 0.5m and a maximum of 1.8m in height; and consists substantially of prescribed material; or for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or in any case— the adjoining owners agree the dividing fence is a sufficient dividing fence; or QCAT decides the dividing fence is a sufficient dividing fence. (sec.13-ssec.2) For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence. (sec.13-ssec.3) In this section— prescribed material , for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law— wood, including timber palings and lattice panels; chain wire; metal panels or rods; bricks; rendered cement; concrete blocks; hedge or other vegetative barrier; other material of which a dividing fence is ordinarily constructed.

• (a) for adjoining land consisting of 2 parcels of residential land, the dividing fence— (i) is between a minimum of 0.5m and a maximum of 1.8m in height; and (ii) consists substantially of prescribed material; or
• (i) is between a minimum of 0.5m and a maximum of 1.8m in height; and
• (ii) consists substantially of prescribed material; or
• (b) for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or