Jonathan O’Dea the Member for Davidson said while he supported the Dividing Fences and Other Legislation Amendment Bill 2008 when speaking in NSW Parliament’s Legislative Assembly last week, one aspect warranted clarification.
“Dividing fences are part of the essence of everyday life, the very boundaries of the Australian dream of home ownership. However, fences can also be the cause of divisive neighbourhood disputes,” Mr O’Dea said.
“Where vegetation acts as a fence it is important the new legislation is not misused in renovation-obsessed NSW to remove existing hedges or vegetative barriers and replace them with inorganic fences against a neighbour’s wishes.
“A good neighbour reminded me of the many beautiful natural hedges and vegetative fences that abound on the North Shore and elsewhere in the State. Therefore it was vital to request clarification and receive assurances from the Government in this regard.
“The bill will simplify the making and payment of orders under the Act by enabling a local land board to make an order specifying a fixed amount that an adjoining owner is required or liable to pay. It also clarifies the position regarding sharing of costs on necessary retaining walls and removal of vegetation to build a dividing fence.
“The Act also enables such an order to be enforced as a judgment of the court when the Chairperson of the local land board certifies the order’s particulars. This means parties seeking to enforce an order for payment, no longer need to start fresh proceedings.
“As the legislation prevents neighbours from making unreasonable demands as to the type and style of fence, people should be fully informed of their rights under the legislation. A proper education campaign is therefore appropriate.
“It is far too easy for older residents to be taken for a ride when the issue of fences arise. The Government must make sure people are protected from unscrupulous contractors or neighbours who may demand a neighbour pay for more than they have to.”
The bill will be considered by the Legislative Council In June.
For further information, please call Jonathan O’Dea on 0418 241 500.
