❓ A parliamentary question addresses whether the Dividing Fences Act 1961 applies to the Department of Conservation and Land Management (CALM) regarding fencing costs between farmers and CALM-managed land. The response clarifies the Act doesn't bind the Crown, but CALM may contribute in specific circumstances.
AnsweredQoN 130Legislative Council
QuestionView source ↗
I refer to an article in the Countryman of March 18 titled “Minister moves to clear the air” with the subheading “Properties adjoining CALM reserves”, and ask - (1) Does the Dividing Fences Act 1961 apply to the Department of Conservation and Land Management; for example, if a tree on CALM land falls over a farmer’s fence, can that farmer claim half the cost of repairs from CALM? (2) If a farmer wants to replace an old fence along a CALM boundary on his or her property, can he or she put in a claim to CALM to pay half? (3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS
AnswerView source ↗
The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(1) Does the Dividing Fences Act 1961 apply to the Department of Conservation and Land Management; for example, if a tree on CALM land falls over a farmer’s fence, can that farmer claim half the cost of repairs from CALM? (2) If a farmer wants to replace an old fence along a CALM boundary on his or her property, can he or she put in a claim to CALM to pay half? (3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(2) If a farmer wants to replace an old fence along a CALM boundary on his or her property, can he or she put in a claim to CALM to pay half? (3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(1) Does the Dividing Fences Act 1961 apply to the Department of Conservation and Land Management; for example, if a tree on CALM land falls over a farmer’s fence, can that farmer claim half the cost of repairs from CALM? (2) If a farmer wants to replace an old fence along a CALM boundary on his or her property, can he or she put in a claim to CALM to pay half? (3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(2) If a farmer wants to replace an old fence along a CALM boundary on his or her property, can he or she put in a claim to CALM to pay half? (3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(3) How many farmers over the past two years have put in claims to CALM for half the cost of fencing on adjoining boundaries? Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
Hon TOM STEPHENS replied: The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
The Minister for the Environment provided the following reply - (1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(1)-(2) None of the trustees or managers having the care, control and management of any public reserve, public park or lands used for a prescribed public purpose is the owner of land for the purposes of the Dividing Fences Act 1961. The Act is not binding on the Crown. The Dividing Fences Act does not apply to CALM or other government agencies managing public reserves, parks or prescribed lands. Claims for fencing repair or replacement cannot be made against CALM or other public land management agencies under the Dividing Fences Act. (3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
(3) The department has not been able to locate any shared cost boundary fence claims from farmers lodged under the Dividing Fences Act, nor would it expect to receive any given the legal situation. The department is currently receiving claims that include damage to fences associated with the recent Bridgetown fire. The department has also worked cooperatively with adjoining property owners in a number of cases and contributed to fencing costs in special circumstances such as where a particular standard of fence is required to retain specific biodiversity values of reserved lands or where the department has negotiated for a boundary firebreak to be on the neighbour’s property.
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