OEH Boundary Fencing Policy

This policy provides guidance on fencing issues where national parks and reserves adjoin private property, leasehold land or crown land.

Boundary fencing can be an important park asset and an aid to good land management from legal, environmental, cultural, social and financial perspectives.

Responsibilities relating to boundary fencing are largely defined by the Dividing Fences Act 1991. Although the NSW Government is not bound by this legislation, OEH will contribute to the construction and maintenance of fences as outlined in this policy. This policy aims to clarify the responsibilities of OEH and adjoining landholders in the construction, maintenance, repair and replacement of boundary fencing.

• OEH recognises that boundary fencing can enhance conservation values and will therefore contribute to boundary fencing in rural areas, either to repair or replace existing fences or build new fences (subject to funding availability).
• OEH also recognises that agreeing to build a boundary fence may not only be an effective way to address risks for park management and managing neighbouring land (such as protection of species or livestock) but also imposes obligations to manage risks around the boundary fence itself.
• Where it is in the interests of both OEH and adjacent neighbours to erect or maintain a fence, OEH will negotiate fair and equitable fencing cost agreements prior to the construction and/or maintenance of the fence.
• Where it is in the sole interest of OEH to erect and/or maintain a fence, OEH will cover the whole cost.
• The review of environmental factors (REF) will need to be completed prior to commencement of work on fence construction or land clearing.
• OEH will conserve sections of fences that are identified as being of historical, cultural and heritage significance.
• OEH will conduct inspections to determine the most cost-effective way of resolving problems relating to construction and/or repair of fencing.
• Where the movement of native animals across boundaries is an issue for OEH or a neighbour, fencing will be considered as part of a wider management strategy.
• OEH will, wherever possible and practical, build fences along boundary survey lines. When necessary, boundaries will be re-surveyed and the cost of surveying paid by OEH.

Documents to download

This page only gives a summary of the policy. For detailed information, please download the policy at right, together with related documents below. The policy includes contacts and a list of relevant legislation. (At the time of publication, the Office of Environment and Heritage was known as the Department of Environment and Conservation.)

More information

• Contact the Park Management Policy Unit, Parks and Wildlife Division

Page last updated: 23 January 2012