Hon Ray Halligan asks about a review of the Dividing Fences Act 1961. Hon Tom Stephens confirms a review is underway but progress is slow due to legislative backlog, partially blaming the opposition. A specific complex case involving both the Act and building legislation is being addressed.

AnsweredQoN 584Legislative Council
Asked
20 September 2001
Portfolio
Local Government and Regional Development

QuestionView source ↗

Does the minister propose to review the Dividing Fences Act; if yes, when will that review be undertaken? Hon TOM STEPHENS

AnswerView source ↗

The member raised this matter with me yesterday.  In early 2000, the then Minister for Local Government requested that priority be given to a review of the Dividing Fences Act 1961.  An issues paper was prepared and circulated for public comment during September and October 2000, with responses required by 10 November.  The issues paper sought comment on a number of core areas previously identified as being of concern or in need of review.  Those making submissions were asked to respond to specific questions in each area of interest to them, and also to make general comments or suggestions about dividing fences.  The responses strongly supported a review of the legislation and provision of workable solutions to a number of generally agreed areas of concern.  The review of the Act will now be progressed in accordance with the Government’s legislative program, which increasingly is proving difficult to advance.  Members opposite know that, to some extent, they are responsible for that situation.  The Government would like to advance issues such as this, but they get caught up in the backlog. The member raised a specific case yesterday.  I will not mention the person’s name without permission, and I will not seek that permission now.  The issues raised are complex.  They involve both the Dividing Fences Act and building legislation.  The advisory services section of the Department of Local Government and Regional Development is assisting the individuals concerned with the matters they raised in correspondence with the member’s colleague.  The issues identified are covered by both the Dividing Fences Act and building legislation.  They are being considered by the department in the review of the Act and in the development of new building legislation for this State.
Hon TOM STEPHENS replied: The member raised this matter with me yesterday.  In early 2000, the then Minister for Local Government requested that priority be given to a review of the Dividing Fences Act 1961.  An issues paper was prepared and circulated for public comment during September and October 2000, with responses required by 10 November.  The issues paper sought comment on a number of core areas previously identified as being of concern or in need of review.  Those making submissions were asked to respond to specific questions in each area of interest to them, and also to make general comments or suggestions about dividing fences.  The responses strongly supported a review of the legislation and provision of workable solutions to a number of generally agreed areas of concern.  The review of the Act will now be progressed in accordance with the Government’s legislative program, which increasingly is proving difficult to advance.  Members opposite know that, to some extent, they are responsible for that situation.  The Government would like to advance issues such as this, but they get caught up in the backlog. The member raised a specific case yesterday.  I will not mention the person’s name without permission, and I will not seek that permission now.  The issues raised are complex.  They involve both the Dividing Fences Act and building legislation.  The advisory services section of the Department of Local Government and Regional Development is assisting the individuals concerned with the matters they raised in correspondence with the member’s colleague.  The issues identified are covered by both the Dividing Fences Act and building legislation.  They are being considered by the department in the review of the Act and in the development of new building legislation for this State.
The member raised this matter with me yesterday.  In early 2000, the then Minister for Local Government requested that priority be given to a review of the Dividing Fences Act 1961.  An issues paper was prepared and circulated for public comment during September and October 2000, with responses required by 10 November.  The issues paper sought comment on a number of core areas previously identified as being of concern or in need of review.  Those making submissions were asked to respond to specific questions in each area of interest to them, and also to make general comments or suggestions about dividing fences.  The responses strongly supported a review of the legislation and provision of workable solutions to a number of generally agreed areas of concern.  The review of the Act will now be progressed in accordance with the Government’s legislative program, which increasingly is proving difficult to advance.  Members opposite know that, to some extent, they are responsible for that situation.  The Government would like to advance issues such as this, but they get caught up in the backlog. The member raised a specific case yesterday.  I will not mention the person’s name without permission, and I will not seek that permission now.  The issues raised are complex.  They involve both the Dividing Fences Act and building legislation.  The advisory services section of the Department of Local Government and Regional Development is assisting the individuals concerned with the matters they raised in correspondence with the member’s colleague.  The issues identified are covered by both the Dividing Fences Act and building legislation.  They are being considered by the department in the review of the Act and in the development of new building legislation for this State.
The member raised a specific case yesterday.  I will not mention the person’s name without permission, and I will not seek that permission now.  The issues raised are complex.  They involve both the Dividing Fences Act and building legislation.  The advisory services section of the Department of Local Government and Regional Development is assisting the individuals concerned with the matters they raised in correspondence with the member’s colleague.  The issues identified are covered by both the Dividing Fences Act and building legislation.  They are being considered by the department in the review of the Act and in the development of new building legislation for this State.

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