Boundary fencing is fencing that is constructed along, or close to, the legal boundary of a park managed by the NSW National Parks and Wildlife Service (NPWS).

NSW Government agencies, such as NPWS, are not subject to the Dividing Fences Act 1991. However, NPWS recognises the importance of working with park neighbours to manage fencing along common boundaries.

Policy

  1. NPWS will help park neighbours to construct new boundary fencing or to repair or replace existing fencing damaged by natural events (boundary fencing works), as described in this policy.
  2. NPWS’s assistance with boundary fencing works (including the completion of environmental assessments) is subject to:
    • the availability of resources
    • park management priorities
    • the agency’s obligations under the National Parks and Wildlife Act 1974 (NPW Act) and under other legislation.

Not all requests for boundary fencing will be supported.

  1. Assistance with boundary fencing works may be considered for:
    • new fencing (that is, where no fence exists, or where existing fencing is not delivering the outcomes set out in paragraph 7)
    • the repair and replacement of existing fencing damaged or destroyed by natural events (see paragraphs 41 to 44).
  2. NPWS’s contribution to boundary fencing works must be specified in a written fencing agreement between NPWS and a park neighbour. 
5–6. How do I apply for boundary fencing assistance?
  1. Park neighbours need to do the following to apply for assistance with boundary fencing:
    • read this policy to determine if a boundary fencing proposal may qualify for NPWS assistance
    • contact their local NPWS office to discuss the boundary fencing proposal
    • complete and submit the expression of interest form (to be provided by NPWS).
  2. NPWS will review the expression of interest and advise whether the proposal can be supported under this policy. If NPWS supports the proposal, the next steps include:
    • NPWS may inspect the site of the proposed boundary fencing works
    • consideration of any site-specific matters (such as native title requirements)
    • preparation of an environmental impact assessment (paragraphs 32 to 35)
    • preparation of a fencing agreement (paragraphs 36 to 38).
7. When will NPWS help with boundary fencing?
  1. NPWS will consider helping with boundary fencing works when the fencing would:
    • clearly identify the physical boundary between a park and adjoining land where there is a legal requirement to do so or where it would benefit both NPWS and the park neighbour
    • prevent the movement of livestock onto a park, consistent with the NPWS Livestock Management Policy
    • help to protect and conserve the natural or cultural values of a park
    • control the movement of people and vehicles for public safety
    • control the movement of people and vehicles to enhance fire control or reduce undesirable or illegal activities in a park
    • involve the repair or replacement of a fence damaged or destroyed by natural events (paragraphs 41 to 44). 
8–9. What will NPWS contribute?
  1. Where a proposal is supported, NPWS will provide the materials required for boundary fencing works. Park neighbours are then responsible for doing the works.
  2. Associated costs, such as removal of existing fences and transport of fencing materials to the site, are also the responsibility of a park neighbour.
10. When will NPWS not help with boundary fencing?
  1. NPWS will not help with boundary fencing works when:
    • a park neighbour is required to construct fencing as a condition of a development approval, a conservation agreement, NSW Government funding program, or a similar statutory or contractual obligation
    • the proposed works comprise routine maintenance, upkeep and repair of an existing fence (paragraphs 39 to 40)
    • the boundary fencing proposal is inconsistent with this policy, the National Parks and Wildlife Act 1974 or other legislation.
11–12. NPWS may construct fencing for park management purposes
  1. NPWS may separately construct fencing within a park or along park boundaries to meet park management and conservation objectives, without entering into a fencing agreement with a park neighbour.
  2. That may include, but is not limited to, the installation of feral predator-proof fencing to support the protection of existing native animals and the reintroduction of locally extinct animals.
13–20. What type of fencing will NPWS contribute to?
  1. NPWS will contribute materials for boundary fencing works which deliver a standard livestock-proof fence of a type that is used commonly in the region.
  2. If a park neighbour wishes to have a higher standard of fencing (such as electrified or exclusion fencing), they must meet the additional costs of that fencing. NPWS’s contribution is limited to the equivalent cost of providing materials that would otherwise have been needed to construct a standard livestock-proof fence.
  3. NPWS recognises that fencing types vary in different circumstances and locations and for managing different livestock breeds or feral animals. Fencing techniques and materials also change and improve over time.
  4. Park neighbours should discuss the type of fencing proposed with the local NPWS office before submitting an expression of interest (paragraphs 5 to 6). NPWS staff can advise on the type of fencing needed to meet the intended purpose and to ensure consistency with this policy.
  5. Boundary fencing must be sympathetic to local native wildlife. For example, there are known risks to native species (especially flying and gliding species) from barbed wire.
  6. Where there is clear justification for using barbed wire, such as for controlling livestock, its risks should be minimised as far as practicable, such as by:
    • avoiding the use of barbed wire for strands at or near the top and bottom of a fence
    • improving visibility of barbed wire through the use of tags, flagging tape, pipe or similar.
  7. NPWS may decide not to assist with boundary fencing works that would cause significant risks and impacts to native animals which outweigh the benefits of the works to park management and to the protection of park values.
  8. The type of fencing to which NPWS will contribute must be specified in the fencing agreement.
21–26. Where will a new boundary fence be constructed?
  1. Fences should be built, where feasible, on the legal boundary, or as close to it as possible. However, the nature of the landscape (for example steep or heavily vegetated land, streams or other waterbodies) and complex boundaries may make that difficult.
  2. In those situations, the fence line can be changed to a better and mutually agreed line. That may involve moving the fence onto the park; moving it onto the neighbour’s property; or constructing it on both the park and the neighbour’s property (a ‘give and take’ fence line).
  3. In determining the most appropriate location, NPWS will also consider other relevant site-specific matters, such as native title requirements.
  4. All details of a fence line, including any ‘give and take’ arrangements, must be specified in the fencing agreement between NPWS and a park neighbour (paragraphs 36 to 38).
  5. An agreed ‘give and take’ fence line does not affect legal property boundaries.
  6. If a survey is required to determine a property’s legal boundaries, the park neighbour will be responsible, in most cases, for organising and paying for the survey. NPWS will consider contributing to the cost of a survey only if there is a clear benefit to park management or to conservation.
27–31. Clearing vegetation for fence construction
  1. Park neighbours are responsible for obtaining any relevant statutory approvals to clear land within their property for the purpose of boundary fencing works and maintenance. A fencing agreement between NPWS and a park neighbour does not remove any such requirements.
  2. Vegetation clearing in a park should be limited to the minimum necessary to undertake the proposed boundary fencing works and to support ongoing access for maintenance (if needed). In typical circumstances, clearing of no more than 6 metres should be sufficient for the construction of a new fence.
  3. The actual extent of clearing required must be addressed and justified in the environmental assessment (paragraphs 32 to 35), with the primary aim of avoiding unnecessary environmental impacts.
  4. Any need for clearing in a park to support ongoing access after construction for fence maintenance or other purposes must also be clearly identified and considered in the environmental assessment.
  5. The land cleared during boundary fencing works does not automatically become an area managed for ongoing bushfire protection (such as an asset protection zone) or a fire trail. Decisions about establishing bushfire management zones and access needs occur through separate, specific assessment and approval processes, consistent with requirements of the Rural Fires Act 1997 and other legislation.
32–35. Environmental assessment
  1. An appropriate level of environmental assessment must be completed before NPWS and a park neighbour enter into a fencing agreement (paragraphs 36 to 38).
  2. The level of required environmental assessment for boundary fencing works will be determined in accordance with existing NPWS procedures and statutory requirements.
  3. Based on the environmental impact assessment, NPWS may decide that the fencing proposal cannot proceed; that it requires adjustment; or that specific conditions need to be added to avoid impacts.
  4. NPWS will complete an environmental assessment only if the proposal is consistent with this policy – that is, availability of resources and NPWS’s priorities (paragraph 2); consistency with the purposes of boundary fencing works (paragraph 7); and not covered by existing requirement to construct fencing or works are routine maintenance or repair (paragraph 10).
36–38. What is required in a fencing agreement?
  1. NPWS and a park neighbour must enter into a fencing agreement before boundary fencing works commence. The agreement, with relevant accompanying maps and diagrams, must include:
    • NPWS’s contribution to the boundary fencing works (paragraphs 13 to 20)
    • where the fence will be constructed (that is, along the boundary or along another line, including any ‘give and take’ arrangement)
    • the land to be fenced
    • estimated length of fencing
    • purpose (for example, to control pest animals or livestock movement) and type of fence (including any provisions to minimise impacts to native wildlife)
    • details of required materials (including strainers, posts and other necessary items)
    • estimated length of clearing required within the park; required equipment for clearing works; and any ongoing arrangement to retain cleared areas for access or management purposes
    • duration of the agreement (paragraph 37)
    • arrangements for collection and/or delivery of fencing materials.
  2. The fencing agreement will identify a timeframe within which the NPWS contribution is valid (usually 12 months after the date of the agreement or once the boundary fencing works are completed – whichever comes first). In any circumstance:
    • if the works are not completed in the identified timeframe, a park neighbour may request an extension
    • if the agreement is not extended, then it expires and any unused materials provided by NPWS must be returned – a new application for fencing assistance will then be required if the works are to proceed.
  3. If an existing fencing agreement (entered into before this policy was last updated) is inconsistent with this policy, the existing agreement remains valid and will still apply.
39–40. Who maintains the fence?
  1. After boundary fencing works are completed, a park neighbour is responsible for routine maintenance, upkeep and repair. NPWS may help with repairing or replacing a fence damaged by a fire, flood or other natural event (paragraphs 41 to 44).
  2. Unless agreed in writing, NPWS is not responsible for maintaining a fence built on or near a park boundary for development or infrastructure-related purposes (for example, fencing of rail or road corridors, or of telecommunications installations).
41–44. What happens if a fence is damaged or destroyed?
  1. When an existing fence is damaged or destroyed by a fire, flood or other natural event, NPWS will consider requests for assistance where it can be confirmed that a fence previously existed and where the damage or destruction was caused by a recent event (within the last 2 years is considered a reasonable timeframe).
  2. NPWS will aim to apply a streamlined assessment and approval process for such requests as long as:
    • only standard fencing is required (paragraphs 13 to 20)
    • the fence will follow the existing fence line
    • fencing materials will be used within 12 months.
  3. If the request for assistance does not meet those requirements, a streamlined assessment process will not apply and the proposal will instead be considered consistent with other relevant provisions of this policy.
  4. Under a streamlined process:
    • NPWS will process requests as quickly as possible and make them a priority ahead of other fencing applications
    • existing fencing agreements stay in force and don’t have to be renewed
    • if there is no fencing agreement, NPWS will work with a park neighbour to prepare a new agreement as a priority
    • no formal environmental assessment is required but NPWS will review existing information, including known Aboriginal or historic heritage sites and threatened species data, to avoid potential impacts – if impacts are unavoidable, additional statutory approvals may be required.
45–47. Recording a boundary fence as an asset
  1. NPWS will record information about boundary fences on its asset register (the Enterprise Asset Management system).
  2. Recording boundary fences on the Enterprise Asset Management system will enable NPWS to respond more efficiently to a request by a park neighbour to assist with the repair or replacement of a fence damaged or destroyed by fire, flood or other natural event.
  3. Boundary fences that are dismantled (or not rebuilt after a natural event that destroys the fence) should be removed or appropriately noted in the Enterprise Asset Management system.
About the policy

Policy adopted January 1998
Policy last updated 24 October 2025

Scope and application

This policy applies to all lands acquired or reserved under the National Parks and Wildlife Act 1974 (NPW Act) except for lands reserved under Part 4A of the Act (unless the Board of Management for those lands has adopted the policy). However, NPWS staff can use the policy as guidance when working with Boards of Management and on Part 4A lands.

This policy applies to all fencing separating parks and adjoining lands, whether the fence is on the surveyed boundary of the adjoining land or on a mutually agreed line other than the surveyed boundary.

Objectives

This policy aims to:

  • explain how NPWS will assist park neighbours with boundary fencing
  • clarify the responsibilities of NPWS and park neighbours for constructing, maintaining, repairing and replacing boundary fencing
  • outline a streamlined process for repairing or replacing boundary fencing that has been damaged or destroyed by fires, floods or other natural events.

Definitions

Boundary fencing works means the construction of a new boundary fence, or the repair or replacement of an existing boundary fence damaged by a natural event such as a bushfire or a flood.

Exclusion fencing means a physical barrier designed to keep animals, people, and other things out of a designated area to protect agricultural land and livestock from predators and other intruders. Exclusion fencing is made from a variety of materials, including wood, metal, and electric wires.

Park means a reserve gazetted under the NSW National Parks and Wildlife Act 1974, including a national park, nature reserve, historic site, Aboriginal area, state conservation area, karst conservation reserve or regional park, or any land acquired by the Minister under Part 11 of the Act.

Park neighbour means an owner or manager of private land (including a Western Lands lease) that has a common cadastral (surveyed or mapped) boundary with a park or other land managed by NPWS. A park neighbour may also be an owner or manager of private land that is minimally separated from the park by other Crown land (for example, a road reserve) – in practice, both NPWS and the adjoining landowner recognise a single boundary.

Accountabilities

This section outlines NPWS staff with significant responsibilities for implementing this policy.

ParagraphPosition
36. Entering into a fencing agreement                            Area Manager (subject to meeting relevant financial delegations)