Negligent or deliberate act or omission
245XJ Negligent or deliberate act or omission
This section applies if, whether before or after the commencement of this section, a dividing fence forming part of a pool barrier is damaged or destroyed by a negligent or deliberate act or omission of—
an owner of land; or
a person who has entered the owner’s land with the owner’s express consent, whether written or oral.
The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction.
Note—
If the owner does not comply with subsection (2), the adjoining owner may give the owner a notice under section 245XM or carry out urgent fencing work under section 245XK.
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