Building Act 1975

QCAT may, for an application about fencing work for a dividing fence forming part of a pool barrier, decide and order 1 or more of the following—

the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land;

the fencing work to be carried out, including the kind of dividing fence involved and any access to land for carrying out the fencing work;

the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work if the order is consistent with section 245XH;

the part of the dividing fence to be constructed or repaired by either adjoining owner;

when the fencing work is to be carried out;

any other work to be carried out that is necessary to carry out the fencing work ordered including work for a retaining wall;

that a fence has been used, or could lawfully be used, as a dividing fence forming part of a pool barrier;

the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence forming part of a pool barrier caused by the other adjoining owner or a person mentioned in section 245XJ(1)(b);

that an adjoining owner remove a thing attached to a dividing fence and restore the fence;

the amount of compensation payable to an adjoining owner for the removal of a fence under section 245XO(3);

whether or not a dividing fence forming part of a pool barrier would comply with the pool safety standard;

any other matter necessary for the administration of this part.

The occupation of land on either side of a dividing fence forming part of a pool barrier, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining land, does not affect the title to, or possession of, the land.