68Obligations in relation to fencing

### 68 Obligations in relation to fencing > > (1)  Fencing work is required for the purposes of this section if, as a result of the carrying out of works on a corridor – > > > > > > (a) a dividing fence is damaged; or > > > > > > > (b) a dividing fence is destroyed; or > > > > > > > (c) a dividing fence has to be dismantled; or > > > > > > > (d) a dividing fence has to be moved, with or without being dismantled. > > > (2)  A responsible manager in relation to a corridor must, at the responsible manager's own cost, as soon as practicable and in any event no later than 30 days after fencing work is required for the purposes of this section in relation to the corridor – > > > > > > (a) repair the fence if [subsection (1)(a)](#GS68@Gs1@Hpa@EN) applies; or > > > > > > > (b) replace the fence with one of at least the same standard if [subsection (1)(b)](#GS68@Gs1@Hpb@EN) applies; or > > > > > > > (c) reinstate the fence, and carry out any necessary refurbishment of the fence, if [subsection (1)(c)](#GS68@Gs1@Hpc@EN) applies; or > > > > > > > (d) move the fence (if necessary by carrying out any necessary dismantling and reassembly of the fence) if [subsection (1)(d)](#GS68@Gs1@Hpd@EN) applies. > > > (3)  If the responsible manager fails to discharge the obligations of the responsible manager under [subsection (2)](#GS68@Gs2@EN) , the adjoining landholder may give the responsible manager a notice requiring the responsible manager to carry out the necessary fencing work within 30 days or a longer period that the adjoining landholder may allow. > > > (4)  If the responsible manager fails to comply with the adjoining landholder's notice – > > > > > > (a) the adjoining landholder may carry out the necessary fencing work; and > > > > > > > (b) any costs reasonably incurred by the adjoining landholder in carrying out that fencing work are recoverable as a debt due to the adjoining landholder from the responsible manager. > > > (5)  For the purposes of [subsection (2)](#GS68@Gs2@EN) , the adjoining landholder is entitled to assume that fencing work has been completed if it reasonably appears to the adjoining landholder that the purported object of those works has been substantially attained, regardless of whether any incidental follow-up action such as equipment removal, land remediation or cleaning-up remains to be taken. > > > (6)  Despite any other provision of this section, the adjoining landowner may, in writing, release the corridor manager from the responsible manager's obligation under [subsection (2)](#GS68@Gs2@EN) . > > > (7)  Any dispute in relation to the nature or extent of the responsible manager's obligation under [subsection (2)](#GS68@Gs2@EN) is to be determined by an arbitral tribunal, within the meaning of the [Commercial Arbitration Act 2011](/view/html/inforce/2026-04-12/act-2011-013) , in accordance with that Act.