New South Wales Reform Commission

To the Honourable J R A Dowd, LLB, MP,
Attorney General for New South Wales

COMMUNITY LAW REFORM PROGRAM
DIVIDING FENCES

Dear Attorney General,

We make this Report pursuant to the reference from the Honourable T W Sheahan, BA, LLB, MP, then Attorney General for New South Wales to this Commission dated 4 November 1986.

Helen Gamble
(Chairman)

Paul Byrne
(Commissioner)

Ronald Sackville
(Commissioner)

December 1988

Terms of Reference

On 4 November 1986 the then Attorney General of New South Wales, the Honourable T W Sheahan, BA, LLB, MP, made the following reference to the Commission:

To inquire into and report on:

1. the law governing the rights and liabilities of owners or occupiers of adjoining land with regard to the construction and maintenance of dividing fences, including but not limited to the application of

(a) the Dividing Fences Act, 1951;

(b) relevant parts of the Crown Lands Consolidation Act 1913, Western Lands Act 1901, Closer Settlement Act 1904, and Pastures Protection Act 1934.


2. Any incidental matter.

Commissioners

For the purpose of this reference a Division was created by the Chairman, in accordance with s12A of the Law Reform Commission Act 1967. The Division comprised the following members of the Commission:

Ms Helen Gamble (Chairman)
Paul Byrne
Ronald Sackville

Howard Insall

William J Tearle

Andrew Frazer
Ross Ramsay

John McMillan (to 31 August 1988)

Miss Annette Boseley
Mrs Margaret Edenborough
Miss Judith Grieves
Mrs Nozveen Khan
Miss Doris Sclosa

Ms Beverley Caska

Ms Zoya Howes
Jennifer McMahon