I worked in fencing (selling it) for many years and bought a copy of the act myself to help customers who came in and asked for advice and also for my own fencing dispute I had with a neighbour of mine.
Everyone seems to know that there is a minimum standard of fencing and what can be disputed is everything over and above this. Also, that everyone knows they don't really know what
standard or
normal fencing means because they put the word(s) in quote marks. You might be surprised to find what constitutes a dividing fence.
First port of call should be council to see if they have any rules or guidelines specific to the area. (e.g. Some councils don't allow colorbond for example).
If you want to stick to your guns then I think a letter pointing out the skip bin and dismantling of the existing fence/damage to planting also without permission should be mentioned. Also mention that they should have approached
you (the owner of the property) not the tenants of the rental property in order to carry out some of the work they've done already. Had they have done so amicable decisions may have been reached as to further work to be carried out i.e. the fence. Also mention that the proper notifications weren't given as per the Dividing Fencing Act 1991 and quote a couple of sections to show you know what you're talking about.
Good luck with it all.
The Dividing Fences Act 1991 (NSW) is online here -
http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/
Here's a couple of quotes from the act:
3. Definitions
In this Act:
"adjoining owners" means the owners of land on either side of a common boundary.
"dividing fence" means a fence separating the land of adjoining owners, whether on the common boundary of adjoining lands or on a line other than the common boundary.
"fence" means a structure, ditch or embankment, or a hedge or similar vegetative barrier, enclosing or bounding land, whether or not continuous or extending along the whole of the boundary separating the land of adjoining owners, and includes:
(a) any gate, cattlegrid or apparatus necessary for the operation of the fence, and
(b) any natural or artificial watercourse which separates the land of adjoining owners, and
(c) any foundation or support necessary for the support and maintenance of the fence,
but does not include a retaining wall (except as provided by paragraph (c)) or a wall which is part of a house, garage or other building.
"fencing work" means:
(a) the design, construction, replacement, repair or maintenance of the whole or part of a dividing fence, and
(b) the surveying or preparation of land (including the trimming, lopping or removal of vegetation) along or on either side of the common boundary of adjoining lands for such a purpose,
and includes:
(c) the planting, replanting and maintenance of a hedge or similar vegetative barrier, and
(d) the cleaning, deepening, enlargement or alteration of a ditch, embankment or watercourse that serves as a dividing fence.
4 Determination as to “sufficient dividing fence”
In any proceedings under this Act, the Local Court or a local land board is to consider all the circumstances of the case when determining the standard for a sufficient dividing fence for the purposes of this Act, including the following:
(a) the existing dividing fence (if any),
(b) the purposes for which the adjoining lands are used or intended to be used,
(c) the privacy or other concerns of the adjoining land owners,
(d) the kind of dividing fence usual in the locality,
(e) any policy or code relating to dividing fences adopted by the council of the local government area in which the adjoining lands are situated,
(f) any relevant environmental planning instrument relating to the adjoining lands or to the locality in which they are situated,
(g) in the case of a dividing fence affecting land the subject of a lease under the Western Lands Act 1901 , any order in force under section 18A of that Act.
6 General principle-liability for fencing work
(1) An adjoining owner is liable, in respect of adjoining lands where there is no sufficient dividing fence, to contribute to the carrying out of fencing work that results or would result in the provision of a dividing fence of a standard not greater than the standard for a sufficient dividing fence.
(2) This section applies whether or not a dividing fence already separates the adjoining lands.