Council Opposed to Dividing Fences Amendment Bill 2000

30 Oct 2020 4:12 PM -

Council will oppose the proposed Dividing Fences Amendment Bill 2020 introduced by Shooters, Fishers and Farmers Party member Mark Banasiak and will advocate for Council land to be made exempt from the Bill because, if passed, the Bill could have enormous financial implications for Council.

Under the Dividing Fences Act 1991 as it stands, adjoining landowners must share the cost of erecting or repairing the fences dividing them. 

The Crown, local Councils and other trustees of public reserves and roads authorities are exempt from the Act and do not have any rights or liabilities under the Act. 

The Dividing Fences Amendment Bill 2020 seeks to amend the Dividing Fences Act 1991 to ensure that the Crown, Councils, road authorities and WaterNSW will be liable to pay landowners for dividing fence works.

Irrigation corporations and Aboriginal Land Councils will remain exempt.

“If passed, the Bill will incur a financial burden and liability to local Councils for land that is owned and managed by Council,” said Council General Manager Jackie Kruger.  

“Council owns not only the land on which many of our facilities stand but also hundreds of kilometres of road reserves along local roads,” she said.

“The combined cost of works on all the fences adjoining these road reserves could have a catastrophic impact on Council’s finances and leave it with little to fund the programs, facilities and services our community expects.”

Council resolved to make representation to the member for Murray, Mrs Helen Dalton MP and the NSW State Government stating that Council-owned and managed land should be from the Dividing Fences Amendment Bill 2020.

The Department of Planning Industry and Environment Crown Lands Division and Local Government NSW have also made submissions opposing the bill.