{"id":"nsw:act-2006-126","name":"Trees (Disputes Between Neighbours) Act 2006","slug":"trees-disputes-between-neighbours-act-2006","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"126 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104631,"registerId":"nsw-act-2006-126-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Trees (Disputes Between Neighbours) Act 2006](/view/html/inforce/current/act-2006-126).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > council has the same meaning as it has in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Crown land has the same meaning as it has in the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> > \n> > interfere with a tree includes cut down, fell, remove, kill, destroy, poison, ringbark, uproot or burn a tree or any part of a tree (including its roots).\n> > \n> > owner of land includes the occupier of the land.\n> > \n> > the Court means the Land and Environment Court.\n> > \n> > tree includes any woody perennial plant, any plant resembling a tree in form and size, and any other plant prescribed by the regulations.\n> > \n> > window includes a glass sliding door, a door with a window, a skylight and any other similar thing.\n> \n> > (1A) For the purposes of this Act—\n> > \n> > > (a) a reference to land within a zone designated “rural-residential” includes a reference to land within a “large lot residential” land use zone, and\n> > \n> > > (b) a reference to land within a particular designated zone includes a reference to land within any zone prescribed by the regulations as a zone equivalent to that particular designated zone but does not include a reference to land within any zone prescribed by the regulations as a zone that is not equivalent to that particular designated zone.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2010 No 27, Sch 1 \\[1\\] \\[2\\]; 2017 No 17, Sch 4.99.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act applies to trees on certain land","content":"#### 4 Act applies to trees on certain land\n\n4 Act applies to trees on certain land\n\n> > (1) This Act applies only to trees situated on the following land—\n> > \n> > > (a) any land within a zone designated “residential”, “rural-residential”, “village”, “township”, “industrial” or “business” under an environmental planning instrument (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) or, having regard to the purpose of the zone, having the substantial character of a zone so designated,\n> > \n> > > (b) any land of a kind prescribed by the regulations for the purposes of this section.\n> \n> > (2) This Act does not apply to trees situated on—\n> > \n> > > (a) any land that is vested in, or managed by, a council, or\n> > \n> > > (b) any land of a kind prescribed by the regulations.\n> \n> > (3) For the purposes of this Act, a tree is situated on land if the tree is situated wholly or principally on the land.\n> \n> > (4) Without limiting subsection (3), a tree that is removed following damage or injury that gave rise to an application under Part 2 is still taken to be situated on land for the purposes of the application if the tree was situated wholly or principally on the land immediately before the damage or injury occurred.\n> \n> **s 4:** Am 2010 No 27, Sch 1 \\[3\\] \\[4\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Action in nuisance","content":"#### 5 Action in nuisance\n\n5 Action in nuisance\n\n> No action may be brought in nuisance as a result of damage caused by a tree to which Part 2 applies or as a result of an obstruction of sunlight to the window of a dwelling, or of a view from a dwelling, caused by trees to which Part 2A applies.\n> \n> **s 5:** Am 2010 No 27, Sch 1 \\[5\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Authorisation of work or activity regulated by or under other Act","content":"#### 6 Authorisation of work or activity regulated by or under other Act\n\n6 Authorisation of work or activity regulated by or under other Act\n\n> > (1) Except as provided by subsection (3), an order under Part 2 or 2A does not authorise or require a person—\n> > \n> > > (a) to carry out any work or engage in any activity for which a consent or other authorisation must be obtained under any other Act without that consent or authorisation, or\n> > \n> > > (b) to carry out any work or engage in any activity that is prohibited by or under any other Act.\n> \n> > (2) Except as provided by subsection (3), a person may not apply to the Court for an order under Part 2 or 2A if the carrying out of the work or engagement in the activity concerned is prohibited by or under another Act.\n> \n> > (3) An order under Part 2 or 2A has effect despite any requirement that would otherwise apply for a consent or other authorisation in relation to the tree concerned to be obtained under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n> \n> **s 6:** Am 2010 No 27, Sch 1 \\[6\\].","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Court orders—trees that cause or are likely to cause damage or injury","content":"# Part 2 Court orders—trees that cause or are likely to cause damage or injury\n\nPart 2 Court orders—trees that cause or are likely to cause damage or injury\n\n**pt 2, hdg:** Am 2010 No 27, Sch 1 \\[7\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application to Court by affected land owner","content":"#### 7 Application to Court by affected land owner\n\n7 Application to Court by affected land owner\n\n> An owner of land may apply to the Court for an order to remedy, restrain or prevent damage to property on the land, or to prevent injury to any person, as a consequence of a tree to which this Act applies that is situated on adjoining land.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Notice of application for order to be given to owners of affected land","content":"#### 8 Notice of application for order to be given to owners of affected land\n\n8 Notice of application for order to be given to owners of affected land\n\n> > (1) An applicant for an order under this Part must give notice of the lodging of the application and the terms of any order sought at least 21 days before a hearing in relation to the application to—\n> > \n> > > (a) the owner of the land on which the tree is situated, and\n> > \n> > > (b) any relevant authority that would, in accordance with section 13, be entitled to appear in proceedings in relation to the tree, and\n> > \n> > > (c) any other person the applicant has reason to believe will be affected by the order.\n> \n> > (2) The Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.\n> \n> > (3) The Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.\n> \n> **s 8:** Am 2025 No 15, Sch 9\\[1\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Jurisdiction to make orders","content":"#### 9 Jurisdiction to make orders\n\n9 Jurisdiction to make orders\n\n> > (1) The Court may make such orders as it thinks fit to remedy, restrain or prevent damage to property, or to prevent injury to any person, as a consequence of the tree the subject of the application concerned.\n> \n> > (2) Without limiting the powers of the Court to make orders under subsection (1), an order made under that subsection may—\n> > \n> > > (a) require the taking of specified action to remedy damage to property, or\n> > \n> > > (b) require the taking of specified action to restrain or prevent damage or, if damage has already occurred, further damage, to property, or\n> > \n> > > (c) require the taking of specified action to prevent injury to any person, or\n> > \n> > > (d) require the making of an application to obtain any consent or other authorisation referred to in section 6 (1) (a), or\n> > \n> > > (e) authorise the applicant concerned to take specified action to remedy, restrain or prevent damage or (if damage has already occurred) further damage to property, or\n> > \n> > > (f) authorise the applicant concerned to take specified action to prevent injury to any person, or\n> > \n> > > (g) authorise land to be entered for the purposes of carrying out an order under this section (including for the purposes of obtaining quotations for the carrying out of work on the land), or\n> > \n> > > (h) require the payment of costs associated with carrying out an order under this section, or\n> > \n> > > (i) require the payment of compensation for damage to property, or\n> > \n> > > (j) require the replacement of a tree that the Court orders to be removed and for the new tree to be maintained to a mature growth.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Matters of which Court must be satisfied before making an order","content":"#### 10 Matters of which Court must be satisfied before making an order\n\n10 Matters of which Court must be satisfied before making an order\n\n> > (1) The Court must not make an order under this Part unless it is satisfied—\n> > \n> > > (a) that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the tree is situated, and\n> > \n> > > (b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 8.\n> \n> > (2) The Court must not make an order under this Part unless it is satisfied that the tree concerned—\n> > \n> > > (a) has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property, or\n> > \n> > > (b) is likely to cause injury to any person.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11 (Repealed)","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Matters to be considered by Court","content":"#### 12 Matters to be considered by Court\n\n12 Matters to be considered by Court\n\n> Before determining an application made under this Part, the Court is to consider the following matters—\n> \n> > (a) the location of the tree concerned in relation to the boundary of the land on which the tree is situated and any premises,\n> \n> > (b) whether interference with the tree would, in the absence of section 6 (3), require any consent or other authorisation under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) and, if so, whether any such consent or authorisation has been obtained,\n> \n> > (b1) whether interference with the trees would, in the absence of section 25 (t) (Legislative exclusions) of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), require approval under that Act,\n> \n> > (b2) the impact any pruning (including the maintenance of the tree at a certain height, width or shape) would have on the tree,\n> \n> > (b3) any contribution of the tree to privacy, landscaping, garden design, heritage values or protection from the sun, wind, noise, smells or smoke or the amenity of the land on which it is situated,\n> \n> > (c) whether the tree has any historical, cultural, social or scientific value,\n> \n> > (d) any contribution of the tree to the local ecosystem and biodiversity,\n> \n> > (e) any contribution of the tree to the natural landscape and scenic value of the land on which it is situated or the locality concerned,\n> \n> > (f) the intrinsic value of the tree to public amenity,\n> \n> > (g) any impact of the tree on soil stability, the water table or other natural features of the land or locality concerned,\n> \n> > (h) if the applicant alleges that the tree concerned has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property—\n> > \n> > > (i) anything, other than the tree, that has contributed, or is contributing, to any such damage or likelihood of damage, including any act or omission by the applicant and the impact of any trees owned by the applicant, and\n> > \n> > > (ii) any steps taken by the applicant or the owner of the land on which the tree is situated to prevent or rectify any such damage,\n> \n> > (i) if the applicant alleges that the tree concerned is likely to cause injury to any person—\n> > \n> > > (i) anything, other than the tree, that has contributed, or is contributing, to any such likelihood, including any act or omission by the applicant and the impact of any trees owned by the applicant, and\n> > \n> > > (ii) any steps taken by the applicant or the owner of the land on which the tree is situated to prevent any such injury,\n> \n> > (j) such other matters as the Court considers relevant in the circumstances of the case.\n> \n> **s 12:** Am 2010 No 27, Sch 1 \\[9\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Appearance by local council or Heritage Council","content":"#### 13 Appearance by local council or Heritage Council\n\n13 Appearance by local council or Heritage Council\n\n> A local council or the Heritage Council (a relevant authority) may appear before the Court in any proceedings under this Part in relation to a tree if the consent or other authorisation of the relevant authority to interfere with the tree would be required, in the absence of section 6 (3), under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Court to provide copy of order to local council and Heritage Council","content":"#### 14 Court to provide copy of order to local council and Heritage Council\n\n14 Court to provide copy of order to local council and Heritage Council\n\n> The Court must provide a copy of any order it makes under this Part (other than an order dismissing an application) to—\n> \n> > (a) the council of the local government area in which the tree is situated, and\n> \n> > (b) the Heritage Council if the Heritage Council appeared in the proceedings concerned under section 13.\n> \n> **s 14:** Am 2010 No 27, Sch 1 \\[10\\].","sortOrder":16},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Court orders—high hedges that obstruct sunlight or views","content":"# Part 2A Court orders—high hedges that obstruct sunlight or views\n\nPart 2A Court orders—high hedges that obstruct sunlight or views\n\n**pt 2A:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":17},{"sectionNumber":"14A","sectionType":"section","heading":"Application of Part","content":"#### 14A Application of Part\n\n14A Application of Part\n\n> > (1) This Part applies only to groups of 2 or more trees that—\n> > \n> > > (a) are planted (whether in the ground or otherwise) so as to form a hedge, and\n> > \n> > > (b) rise to a height of at least 2.5 metres (above existing ground level).\n> \n> > (2) Despite section 4, this Part does not apply to trees situated on Crown land.\n> \n> **s 14A:** Ins 2010 No 27, Sch 1 \\[11\\]. Am 2015 No 2, Sch 4.6.","sortOrder":18},{"sectionNumber":"14B","sectionType":"section","heading":"Application to Court by affected land owner","content":"#### 14B Application to Court by affected land owner\n\n14B Application to Court by affected land owner\n\n> An owner of land may apply to the Court for an order to remedy, restrain or prevent a severe obstruction of—\n> \n> > (a) sunlight to a window of a dwelling situated on the land, or\n> \n> > (b) any view from a dwelling situated on the land,\n> \n> if the obstruction occurs as a consequence of trees to which this Part applies being situated on adjoining land.\n> \n> **s 14B:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":19},{"sectionNumber":"14C","sectionType":"section","heading":"Notice of application for order to be given to owners of affected land","content":"#### 14C Notice of application for order to be given to owners of affected land\n\n14C Notice of application for order to be given to owners of affected land\n\n> > (1) An applicant for an order under this Part must give notice of the lodging of the application and the terms of any order sought at least 21 days before a hearing in relation to the application to—\n> > \n> > > (a) the owner of the land on which the trees are situated, and\n> > \n> > > (b) any relevant authority that would, in accordance with section 14G, be entitled to appear in proceedings in relation to the trees, and\n> > \n> > > (c) any other person the applicant has reason to believe will be affected by the order.\n> \n> > (2) The Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.\n> \n> > (3) The Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.\n> \n> **s 14C:** Ins 2010 No 27, Sch 1 \\[11\\]; 2025 No 15, Sch 9\\[2\\].","sortOrder":20},{"sectionNumber":"14D","sectionType":"section","heading":"Jurisdiction to make orders","content":"#### 14D Jurisdiction to make orders\n\n14D Jurisdiction to make orders\n\n> > (1) The Court may make such orders as it thinks fit to remedy, restrain or prevent the severe obstruction of—\n> > \n> > > (a) sunlight to a window of a dwelling situated on the applicant’s land, or\n> > \n> > > (b) any view from a dwelling situated on the applicant’s land,\n> > \n> > if the obstruction occurs as a consequence of trees that are the subject of the application concerned.\n> \n> > (2) Without limiting the powers of the Court to make orders under subsection (1), an order made under that subsection may do any or all of the following—\n> > \n> > > (a) require the taking of specified action to remedy the obstruction of sunlight or of a view,\n> > \n> > > (b) require the taking of specified action to restrain or prevent the obstruction of sunlight or of a view,\n> > \n> > > (c) require the taking of specified action to maintain a tree or trees at a certain height, width or shape,\n> > \n> > > (d) require the removal of a tree or trees and the replacement of the tree or trees with a different species of tree,\n> > \n> > > (e) require the making of an application to obtain any consent or other authorisation referred to in section 6 (1) (a),\n> > \n> > > (f) authorise the applicant concerned to take specified action to remedy, restrain or prevent the obstruction of sunlight or of a view,\n> > \n> > > (g) authorise land to be entered for the purposes of carrying out an order under this section (including for the purposes of obtaining quotations for the carrying out of work on the land),\n> > \n> > > (h) require the payment of costs associated with carrying out an order under this section.\n> \n> > (3) However, the power to make an order under subsection (1) does not extend to an order that requires the payment of compensation.\n> \n> **s 14D:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":21},{"sectionNumber":"14E","sectionType":"section","heading":"Matters of which Court must be satisfied before making an order","content":"#### 14E Matters of which Court must be satisfied before making an order\n\n14E Matters of which Court must be satisfied before making an order\n\n> > (1) The Court must not make an order under this Part unless it is satisfied—\n> > \n> > > (a) that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the trees are situated, and\n> > \n> > > (b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 14C.\n> \n> > (2) The Court must not make an order under this Part unless it is satisfied that—\n> > \n> > > (a) the trees concerned—\n> > > \n> > > > (i) are severely obstructing sunlight to a window of a dwelling situated on the applicant’s land, or\n> > > \n> > > > (ii) are severely obstructing a view from a dwelling situated on the applicant’s land, and\n> > \n> > > (b) the severity and nature of the obstruction is such that the applicant’s interest in having the obstruction removed, remedied or restrained outweighs any other matters that suggest the undesirability of disturbing or interfering with the trees by making an order under this Part.\n> \n> **s 14E:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":22},{"sectionNumber":"14F","sectionType":"section","heading":"Matters to be considered by Court","content":"#### 14F Matters to be considered by Court\n\n14F Matters to be considered by Court\n\n> Before determining an application made under this Part, the Court is to consider the following matters—\n> \n> > (a) the location of the trees concerned in relation to the boundary of the land on which the trees are situated and the dwelling the subject of the application,\n> \n> > (b) whether the trees existed prior to the dwelling the subject of the application (or the window or part of the dwelling concerned where the dwelling has been altered or added to),\n> \n> > (c) whether the trees grew to a height of 2.5 metres or more during the period that the applicant has owned (or occupied) the relevant land,\n> \n> > (d) whether interference with the trees would, in the absence of section 6 (3), require any consent or other authorisation under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) and, if so, whether any such consent or authorisation has been obtained,\n> \n> > (e) any other relevant development consent requirements or conditions relating to the applicant’s land or the land on which the trees are situated,\n> \n> > (f) whether the trees have any historical, cultural, social or scientific value,\n> \n> > (g) any contribution of the trees to the local ecosystem and biodiversity,\n> \n> > (h) any contribution of the trees to the natural landscape and scenic value of the land on which they are situated or the locality concerned,\n> \n> > (i) the intrinsic value of the trees to public amenity,\n> \n> > (j) any impact of the trees on soil stability, the water table or other natural features of the land or locality concerned,\n> \n> > (k) the impact any pruning (including the maintenance of the trees at a certain height, width or shape) would have on the trees,\n> \n> > (l) any contribution of the trees to privacy, landscaping, garden design, heritage values or protection from the sun, wind, noise, smells or smoke or the amenity of the land on which they are situated,\n> \n> > (m) anything, other than the trees, that has contributed, or is contributing, to the obstruction,\n> \n> > (n) any steps taken by the applicant or the owner of the land on which the trees are situated to prevent or rectify the obstruction,\n> \n> > (o) the amount, and number of hours per day, of any sunlight that is lost as a result of the obstruction throughout the year and the time of the year during which the sunlight is lost,\n> \n> > (p) whether the trees lose their leaves during certain times of the year and the portion of the year that the trees have less or no leaves,\n> \n> > (q) the nature and extent of any view affected by the obstruction and the nature and extent of any remaining view,\n> \n> > (r) the part of the dwelling the subject of the application from which a view is obstructed or to which sunlight is obstructed,\n> \n> > (s) such other matters as the Court considers relevant in the circumstances of the case.\n> \n> **s 14F:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":23},{"sectionNumber":"14G","sectionType":"section","heading":"Appearance by local council or Heritage Council","content":"#### 14G Appearance by local council or Heritage Council\n\n14G Appearance by local council or Heritage Council\n\n> A local council or the Heritage Council (a relevant authority) may appear before the Court in any proceedings under this Part in relation to trees if the consent or other authorisation of the relevant authority to interfere with the trees would be required, in the absence of section 6 (3), under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n> \n> **s 14G:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":24},{"sectionNumber":"14H","sectionType":"section","heading":"Court to provide copy of order to local council and Heritage Council","content":"#### 14H Court to provide copy of order to local council and Heritage Council\n\n14H Court to provide copy of order to local council and Heritage Council\n\n> The Court must provide a copy of any order it makes under this Part (other than an order dismissing an application) to—\n> \n> > (a) the council of the local government area in which the trees are situated, and\n> \n> > (b) the Heritage Council if the Heritage Council appeared in the proceedings concerned under section 14G.\n> \n> **s 14H:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":25},{"sectionNumber":"14I","sectionType":"section","heading":"Review of Part","content":"#### 14I Review of Part\n\n14I Review of Part\n\n> > (1) The Minister is to review this Part to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 2 years from the date of commencement of this Part.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.\n> \n> **s 14I:** Ins 2010 No 27, Sch 1 \\[11\\].","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement of orders","content":"# Part 3 Enforcement of orders\n\nPart 3 Enforcement of orders","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Failure to comply with order","content":"#### 15 Failure to comply with order\n\n15 Failure to comply with order\n\n> > (1) A person must not fail to comply with any requirement imposed on the person by an order under Part 2 or 2A.\n> > \n> > Maximum penalty—1,000 penalty units.\n> \n> > (2) Proceedings for an offence under subsection (1) may be taken before the Court in its summary jurisdiction.\n> \n> **s 15:** Am 2010 No 27, Sch 1 \\[12\\].","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"Successors in title bound by order","content":"#### 16 Successors in title bound by order\n\n16 Successors in title bound by order\n\n> > (1) If the Court makes an order under Part 2 requiring a person who is an owner of land on which a tree is situated (an original owner) to carry out work in relation to the tree within a specified period and the original owner ceases to be the owner of the land before the work is carried out, a successor in title to the owner—\n> > \n> > > (a) is required to carry out that work, and\n> > \n> > > (b) to that extent, is bound by the order in the same way as the original owner (except as provided by this section).\n> \n> > (1A) If the Court makes an order under Part 2A requiring a person who is an owner of land on which 2 or more trees are situated (an original trees owner) to carry out work in relation to a tree or trees within a specified period and the original trees owner ceases to be the owner of the land before the work is carried out, the immediate successor in title to the owner—\n> > \n> > > (a) is required to carry out that work, and\n> > \n> > > (b) to that extent, is bound by the order in the same way as the original trees owner (except as provided by this section).\n> \n> > (2) The successor in title is bound by the order only if the applicant for the order, or the immediate successor in title of the applicant who is entitled to the benefit of the order under section 16A, gives a copy of the order to the successor in title.\n> \n> > (3) For the purposes of this section the specified period within which the work is required to be carried out under the order is taken to commence from the date on which the copy of the order is given to the successor in title.\n> \n> **s 16:** Am 2010 No 27, Sch 1 \\[13\\] \\[14\\].","sortOrder":29},{"sectionNumber":"16A","sectionType":"section","heading":"Immediate successor in title to benefit from certain tree orders","content":"#### 16A Immediate successor in title to benefit from certain tree orders\n\n16A Immediate successor in title to benefit from certain tree orders\n\n> If the Court makes an order under Part 2 in relation to a tree that has caused, or is causing, damage to the applicant’s property, or is likely to cause injury to any person, a person who is the immediate successor in title to the applicant is entitled to the same benefits and rights as the applicant in respect of the order.\n> \n> **s 16A:** Ins 2010 No 27, Sch 1 \\[15\\].","sortOrder":30},{"sectionNumber":"17","sectionType":"section","heading":"Carrying out of work by local council","content":"#### 17 Carrying out of work by local council\n\n17 Carrying out of work by local council\n\n> > (1) If the Court has made an order under Part 2 or 2A requiring the owner of land on which a tree is situated to carry out work in relation to the tree within a specified period, a person authorised by the council of the local government area in which the tree is situated (an authorised person) may enter the land for the purpose of either or both of the following—\n> > \n> > > (a) ascertaining whether the owner has carried out the work in accordance with the order,\n> > \n> > > (b) carrying out the work if the owner has failed to carry out the work in accordance with the order.\n> \n> > (2) An authorised person may enter land under this section only if the applicant for the order concerned has requested the council to act under this section.\n> \n> > (3) Before an authorised person enters land under this section, the council must give the owner of the land written notice of the intention to enter the land.\n> \n> > (4) The notice must specify the day on which the authorised person intends to enter the land and must be given before that day.\n> \n> > (5) This section does not require notice to be given—\n> > \n> > > (a) if entry to the land is made with the consent of the owner of the land, or\n> > \n> > > (b) if entry to the land is required because of the existence or reasonable likelihood of a serious risk to safety, or\n> > \n> > > (c) if entry is required urgently and the case is one in which the general manager of the council has authorised in writing (in the particular case) entry without notice.\n> \n> > (6) An authorised person may not enter or inspect, or carry out work on, land under this section unless the authorised person is in possession of an authority and produces the authority if required to do so by the owner of the land.\n> \n> > (7) The authority must be a written authority that is issued by the council and that—\n> > \n> > > (a) states that it is issued under this Act, and\n> > \n> > > (b) gives the name of the person to whom it is issued, and\n> > \n> > > (c) describes the land to which the authority applies, and\n> > \n> > > (d) states that the person has the power to enter the land and states either or both of the following—\n> > > \n> > > > (i) that entry to the land is required for the purpose of ascertaining whether the owner has carried out work in accordance with an order under Part 2 or 2A of this Act,\n> > > \n> > > > (ii) that the person has the power to carry out work in accordance with such an order, and\n> > \n> > > (e) identifies this section as the source of the powers referred to in paragraph (d), and\n> > \n> > > (f) states the date (if any) on which it expires, and\n> > \n> > > (g) bears the signature of the general manager of the council.\n> \n> > (8) The council may recover, in a court of competent jurisdiction, the following from a person who is bound by an order under Part 2 or 2A—\n> > \n> > > (a) the reasonable costs of carrying out work under this section,\n> > \n> > > (b) the amount prescribed by the regulations as the administrative cost for arranging the carrying out of work under this section.\n> \n> **s 17:** Am 2010 No 27, Sch 1 \\[16\\]–\\[18\\].","sortOrder":31},{"sectionNumber":"17A","sectionType":"section","heading":"Registration of judgment debt as charge on land","content":"#### 17A Registration of judgment debt as charge on land\n\n17A Registration of judgment debt as charge on land\n\n> > (1) The council may, after obtaining an order of a court in proceedings against an owner of land for the recovery of costs in accordance with section 17 (8), apply to the Registrar-General for registration of the order in relation to that land.\n> \n> > (2) An application under this section must define the land to which it relates.\n> \n> > (3) The Registrar-General must, on application under this section and lodgment of the court order, register the order in relation to the land in such manner as the Registrar-General thinks fit.\n> \n> > (4) There is created by force of this section, on the registration of the order, a charge on the land in relation to which the order is registered to secure the payment to the council of the amount payable under the order.\n> \n> > (5) Such a charge ceases to have effect in relation to the land—\n> > \n> > > (a) if the council certifies in writing that the amount payable under the order has been paid to the council or that the council has otherwise agreed to the cancellation of the charge—on registration of the cancellation of the charge by the Registrar-General, or\n> > \n> > > (b) on the sale or other disposition of the property with the consent of the council, or\n> > \n> > > (c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,\n> > \n> > whichever first occurs.\n> \n> > (6) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered and, in the case of land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), is subject to every prior mortgage, lease or other interest recorded in the Register kept under that Act.\n> \n> > (7) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (5).\n> \n> > (8) If—\n> > \n> > > (a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and\n> > \n> > > (b) the charge is so registered,\n> > \n> > a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (5), taken to have notice of the charge.\n> \n> > (9) If such a charge relates to land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), the charge has no effect until it is registered under that Act.\n> \n> > (10) A council that makes an application under this section for registration of a court order may, by notice in writing, require the person against whom the order was made to pay all or any of the reasonable costs and expenses incurred by the council in respect of the registration of the court order. The council may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.\n> \n> > (11) In this section, a reference to an order of a court includes a reference to a judgment of a court.\n> \n> **s 17A:** Ins 2010 No 27, Sch 1 \\[19\\].","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":33},{"sectionNumber":"18","sectionType":"section","heading":"Rights under other Acts or laws","content":"#### 18 Rights under other Acts or laws\n\n18 Rights under other Acts or laws\n\n> Except as provided by section 5, nothing in this Act affects the rights that a person has under any other Act or law to interfere with any tree that is not owned by the person.\n> \n> Note.\n> \n> For example, under the [Access to Neighbouring Land Act 2000](/view/html/inforce/current/act-2000-002), the Local Court may make a neighbouring land access order that authorises an owner of land to access, and carry out work on, adjoining land for any of the following purposes—\n> \n> > (a) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,\n> \n> > (b) replacing any hedge, tree or shrub,\n> \n> > (c) removing, felling, cutting back or treating any hedge, tree or shrub.\n> \n> By way of another example, under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), an electricity network operator may, in certain circumstances, trim or remove a tree if the operator has reasonable cause to believe that the tree—\n> \n> > (a) could destroy, damage or interfere with its electricity works, or\n> \n> > (b) could make its electricity works become a potential cause of bush fire or a potential risk to public safety.\n> \n> **s 18:** Am 2007 No 94, Sch 2.","sortOrder":34},{"sectionNumber":"19","sectionType":"section","heading":"Act to bind Crown","content":"#### 19 Act to bind Crown\n\n19 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":35},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n20 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":36},{"sectionNumber":"21","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 21 Savings, transitional and other provisions\n\n21 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":37},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22 (Repealed)","sortOrder":38},{"sectionNumber":"23","sectionType":"section","heading":"Review of Act","content":"#### 23 Review of Act\n\n23 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.","sortOrder":40},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 21)","sortOrder":41},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2007 No 27, Sch 5.","sortOrder":44}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least nine times since its commencement in 2006, suggesting its scope has evolved over time. The multiple amendments — particularly those in 2009, 2010, 2015, 2018, and 2025 — indicate that the legislature has progressively refined and likely expanded the Act's coverage and procedures beyond its original form. However, without access to the full text of the amendments, the precise nature and extent of scope changes cannot be definitively characterised from the metadata alone."},"complexity_factors":["Multiple amendments over nearly 20 years mean the current version differs significantly from the original — tracking what changed and when adds complexity","The Act interacts with other NSW planning and environmental laws, requiring some cross-referencing to fully understand rights and limitations","The Court has broad discretionary powers, meaning outcomes are not always predictable and depend heavily on individual circumstances","Determining what constitutes sufficient 'damage' or 'risk' involves fact-specific legal judgments that can be difficult for laypeople to self-assess","The balancing of competing interests (environmental value of trees vs. property rights) introduces nuance that resists simple rules","Jurisdictional boundaries — such as what types of trees and disputes are covered — require careful reading of definitions"],"plain_english_summary":"## Trees (Disputes Between Neighbours) Act 2006 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law that provides a legal pathway for resolving disputes between neighbours about trees — for example, when a tree on your neighbour's property drops branches on your house, damages your fence, blocks your sunlight, or poses a safety risk.\n\n**Who does it affect?**\n\nAnyone in NSW who owns or occupies property and has a dispute with a neighbour about a tree situated on, or growing from, the neighbour's land. This could include homeowners, renters (in some circumstances), and landlords.\n\n**Why does it matter?**\n\nBefore this law, if your neighbour's tree was causing you problems — damage, risk of injury, or obstruction — your legal options were messy, expensive, and unclear. This Act gives people a clear, accessible way to go to the NSW Land and Environment Court (a specialist court that handles environmental and planning matters) to get orders about trees.\n\n**What can the Court do?**\n\nThe Court can order a tree owner to:\n- **Trim or remove the tree**\n- **Pay compensation** for damage the tree has caused or is likely to cause\n- **Take other action** to prevent future damage or risk\n\nThe Court can also order the *applicant* (the person complaining) to carry out work on the tree themselves, and may require them to pay some or all of the costs.\n\n**Key things to know:**\n- The law only applies to **trees on a neighbour's land** — not trees on public land or your own property\n- There are rules about what counts as sufficient **damage or risk** to bring a case\n- The Court must weigh up a range of factors, including the tree's contribution to the local environment and whether the applicant contributed to the problem\n- The Act has been amended multiple times since 2006, with the most recent update in **March 2025**\n\n**Bottom line:** If your neighbour's tree is causing you real problems in NSW, this law gives you a formal, structured way to resolve it through the courts — without needing to rely on expensive common law (traditional legal) claims."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2006 Act only covered trees causing damage or injury (Part 2). The 2010 amendments significantly expanded scope by adding Part 2A, which created an entirely new cause of action for high hedges obstructing sunlight or views – a much broader and more subjective basis for interference with neighbouring trees that goes beyond physical damage or safety risks. This transformed the Act from a damage-prevention statute into an amenity-protection statute."},"complexity_factors":["Two distinct statutory schemes in Parts 2 and 2A with overlapping but different procedural requirements and remedies","Multiple cross-references to external legislation (Local Government Act 1993, Crown Land Management Act 2016, Environmental Planning and Assessment Act 1979, Heritage Act 1977, Native Vegetation Act 2003, Real Property Act 1900)","Nested conditional logic in section 4 regarding land zoning and exemptions","Detailed list of 12+ factors Court must consider in Part 2 (section 12) and 18 factors in Part 2A (section 14F)","Complex enforcement mechanisms including council entry powers (section 17), charge registration on land titles (section 17A), and successor-in-title provisions (sections 16 and 16A) with different rules for Part 2 vs Part 2A","Interaction with other causes of action – section 5 abolishes nuisance claims for covered trees but section 18 preserves other statutory rights","Section 6 creates exceptions to exceptions regarding authorisation under other Acts"],"plain_english_summary":"**What this law does:**\n\nThis Act gives neighbours in New South Wales a legal way to resolve disputes about trees on adjoining properties without having to sue each other in court for nuisance (a type of legal claim for interference with use of land). It allows the Land and Environment Court to make orders about trees that are causing damage, injury, or blocking sunlight and views.\n\n**Who it affects:**\n\n- **Property owners** (including occupiers) in residential, rural-residential, village, township, industrial and business zones\n- **Neighbours** with trees on their land that affect adjoining properties\n- **Local councils** and the **Heritage Council**, who can appear in court proceedings and enforce orders\n\n**Key things the law covers:**\n\n**Part 2 – Damage or injury:** If a neighbour's tree is damaging your property (like roots cracking your driveway) or likely to injure someone (like a dangerous branch), you can apply to the Court for orders to:\n- Cut down, prune or remove the tree\n- Enter the neighbour's land to do the work\n- Get compensation for damage\n- Replace removed trees with new ones\n\n**Part 2A – High hedges blocking sun or views:** Added later in 2010, this covers groups of 2+ trees planted as a hedge over 2.5 metres tall that severely block sunlight to windows or block views from your home. The Court can order pruning, removal, or replacement, but **cannot** order compensation for these cases.\n\n**Important rules:**\n- You must try to reach agreement with your neighbour before going to court\n- You must give 21 days' notice of your application (unless the Court waives this)\n- The Court must balance your concerns against environmental and heritage values of the tree\n- The law doesn't apply to council-owned land or Crown land (for hedges)\n- Orders can be enforced by councils if owners don't comply, and costs can become a charge on the property\n\n**Why it matters:**\n\nBefore this Act, neighbours often had to rely on ancient common law rules about nuisance, which were expensive and uncertain. This creates a clear, structured process with specific factors the Court must consider, making it easier and cheaper to resolve tree disputes while protecting important trees."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s textual history in the supplied text shows scope expansion and amendment after original enactment. Notably, Part 2A (s14A–s14I) was inserted to create a separate regime for high hedges (groups of 2+ trees of 2.5 m or more) addressing severe obstruction of sunlight or views (see \"Ins 2010 No 27, Sch 1\" notes next to Part 2A provisions such as s14A, s14B, s14D, s14E, s14F, s14G, s14H, s14I). Other amendments and notes appear in the text (for example to definitions and notice provisions — s3, s4, s8, s14C show amendment notes), indicating the Act’s coverage and procedures have been altered since the original text. Concrete changes visible in the supplied text include: the addition of a distinct hedge regime with its own scope and restrictions (e.g. Part 2A excludes Crown land at s14A(2)), different remedial limits (Part 2 allows compensation; Part 2A expressly does not, s14D(3)), and later amendments to notice provisions (s8; s14C)."},"complexity_factors":["Multiple procedural paths: separate but overlapping Part 2 (damage/injury) and Part 2A (high hedges) with different remedies and limits (s7–s17; s14A–s14I).","Detailed mandatory factors the Court must consider in each type of application (s12; s14F) increasing evidentiary and factual complexity.","Interplay with other statutes (Environmental Planning and Assessment Act 1979; Heritage Act 1977; Native Vegetation Act references) creates cross‑regulatory considerations (s6; s12(b); s12(b1); s14F(d)).","Notice and waiver regime with judicial discretion to alter or waive notice (s8; s14C) affecting procedural timelines.","Enforcement mechanisms involving councils (entry, carrying out works, cost recovery) and land registration of charges with priority rules under property law (s17; s17A).","Different remedies available under Part 2 (including compensation) versus Part 2A (no compensation) require distinct legal strategies (s9; s14D(3)).","Successor in title rules that bind future owners only after delivery of order copies (s16) add transactional complexity in property sales.","Administrative discretion points (council general manager authorisation, Registrar‑General’s manner of registration) introduce operational variability (s17(5)(c); s17A(3)).","Penalties and summary jurisdiction enforcement route but reliance on civil orders as primary remedy (s15; s9).","Regulatory and zone‑based scope limits mean applicability must be checked against planning instruments and possible prescribed exceptions (s4(1)–(2))."],"plain_english_summary":"What the Act does (mechanics)\n\n- Gives the Land and Environment Court power to hear and determine disputes between neighbours about trees that cause (or are likely to cause) damage or injury, and (in a separate part) disputes about high hedges that severely obstruct sunlight to a dwelling or a view from a dwelling (see s7; s14B; s14A).\n- Limits where the Act applies. It applies to trees on land in certain planning zones or other land prescribed by regulation and excludes trees on land vested in or managed by a council and some other prescribed land (s4(1)–(2)). Part 2A (high hedges) additionally excludes Crown land (s14A(2)).\n- Requires an affected land owner to give notice before a hearing and to try to reach agreement with the neighbour before the Court will make an order (normally 21 days’ notice; see s8 and s14C; s10(1)(a); s14E(1)(a)). The Court may waive or vary notice if appropriate (s8(3); s14C(3)).\n- Lists the kinds of orders the Court may make. For tree damage or risk of injury the Court may require specified remedial or preventative action, authorise entry to carry out work, order payment of costs or compensation, and require replacement and maintenance of trees (s9). For high hedges the Court may require trimming, removal and replacement with different species, maintenance at set dimensions, authorise entry, and require payment of carrying‑out costs (s14D). Note: Part 2 orders can require compensation, but orders under Part 2A cannot require payment of compensation (s9(i); s14D(3)).\n- Sets out mandatory preconditions and factors the Court must consider before making an order: the applicant must have made reasonable efforts to agree with the neighbour and given required notice; the tree(s) must have caused, be causing, or be likely soon to cause damage or risk of injury (Part 2) or must be severely obstructing sunlight or a view and the applicant’s interest must outweigh undesirable interference (Part 2A) (s10; s14E). The Acts provide long, specific lists of factors the Court must weigh (e.g. location relative to boundaries, any heritage or planning authorisations, impact on amenity, ecosystem value, soil stability, steps each party took, and the seasonal loss of sunlight) (s12; s14F).\n- Creates enforcement tools: failure to comply with an order is an offence (maximum penalty 1,000 penalty units) and may be heard summarily by the Court (s15). Successors in title can be bound to carry out ordered work if given a copy of the order (s16; s16A). If an owner fails to comply, a council (on request of the applicant) may authorise entry to inspect and to carry out the ordered work; the council may recover reasonable costs and a prescribed administrative charge (s17(1)–(4), (8)). A council can register a judgment debt as a charge on land to secure recovery of its costs (s17A).\n- Preserves other legal routes and statutory rights to deal with trees except where expressly limited (s6; s18). The Act also states it binds the Crown (s19) and allows regulations (s20).\n\nOfficial rationale (as expressed through the Act’s structure)\n\n- The Act sets out a specialised, court-based route to resolve neighbour tree disputes: to remedy, restrain or prevent damage to property or injury from trees (Part 2) and to address severe obstruction of sunlight or views caused by high hedges (Part 2A) (s7; s14B). The statutory scheme channels those disputes into the Land and Environment Court and prescribes notice, mandatory considerations and available remedies.\n\nPractical effects, incentives and trade-offs (source‑cited)\n\n- Who pays and who benefits: owners of land on which tree(s) are situated may be ordered to do and pay for specified work (s9; s14D). If a council carries out ordered work because an owner did not, the owner is liable for the council’s reasonable costs and a prescribed administrative fee (s17(8)). Councils can secure those costs by registering a charge on the land (s17A(1)–(5)). Applicants may obtain compensation in Part 2 cases (s9(i)); compensation is not available under Part 2A (s14D(3)).\n- Behavioural incentives: the scheme encourages neighbours to attempt negotiated resolution before litigating (court must be satisfied the applicant made a reasonable effort—s10(1)(a); s14E(1)(a)). Because nuisance claims are barred for trees covered by Part 2 and for sunlight/view obstructions covered by Part 2A (s5), affected persons are steered toward this statutory process rather than starting ordinary nuisance proceedings.\n- Compliance burden and timing: applicants must give at least 21 days’ notice to the tree owner and certain authorities before a hearing unless the Court waives or varies that requirement (s8(1); s14C(1); s8(3); s14C(3)). The Court may also direct different notice arrangements (s8(2); s14C(2)). These procedural requirements impose time and information costs on applicants and respondents.\n- Bureaucratic discretion and judicial discretion: the Court has broad discretion over relief and can weigh a long list of factors in every case (s9; s12; s14D; s14F). The Court can waive notice requirements (s8(3); s14C(3)). Councils have delegated powers (authorised person to enter/act) but must issue written authority and, in urgent cases, the general manager can authorise entry without notice (s17(6)–(7); s17(5)(c)). The Registrar‑General has discretion as to the manner of registering a council’s order as a charge (s17A(3)). These provisions create multiple points of official judgment in implementation.\n- Interaction with other laws: the Act generally does not authorise work that requires consent under other Acts (s6(1)), but an order under this Act operates \"despite\" requirements for consent under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977 (s6(3)). The Court must also consider whether interference would require such consents and whether they have been obtained (s12(b); s14F(d)). This creates a direct interface between the Act’s orders and planning/heritage regimes.\n- Property and transaction effects: successors in title can be bound by orders (s16) but are only bound once given a copy of the order (s16(2)–(3)). A council’s registered charge to recover costs follows the land and may be extinguished on sale to a purchaser in good faith or once paid or cancelled in writing by the council (s17A(4)–(5)). Under land title rules, some priority rules apply—registered charges are subject to prior encumbrances (s17A(6)).\n\nConstraints and limits visible in the text\n\n- Geographic and factual limits: the Act does not apply to all trees—application is limited by planning zones and prescribed land types (s4). Part 2A applies only to hedges made of two or more trees at least 2.5 metres high (s14A(1)).\n- Differential remedies: Part 2 and Part 2A differ in available relief and in whether compensation can be ordered (compare s9 with s14D(3)).\n- Enforcement cost shifting: where owners fail to comply, councils act at the applicant’s request and can recover costs from the owner (s17(2), (8); s17A).\n\nImplementation risks and administrative opportunity costs (from the text)\n\n- The Court’s broad discretion and long lists of mandatory considerations mean cases may require technical expert evidence (e.g., on soil stability, ecosystem contribution, hours of sunlight lost) (s12; s14F). That raises the cost and complexity of litigation for both applicants and respondents.\n- Councils are given an operational role (entering land, carrying out work, recovering costs, registering charges) which creates an administrative and financial burden on local government if used frequently (s17; s17A).\n\nSource citations: core procedural rules and remedies—Part 2 (s7–s17), Part 2A (s14A–s14I), scope limits—s4, interaction with other Acts—s6, nuisance bar—s5, enforcement and charges—s15, s17, s17A."}},"importantCases":[],"_links":{"self":"/api/acts/trees-disputes-between-neighbours-act-2006","history":"/api/acts/trees-disputes-between-neighbours-act-2006/history","analysis":"/api/acts/trees-disputes-between-neighbours-act-2006/analysis","conflicts":"/api/acts/trees-disputes-between-neighbours-act-2006/conflicts","importantCases":"/api/acts/trees-disputes-between-neighbours-act-2006/important-cases","documents":"/api/acts/trees-disputes-between-neighbours-act-2006/documents"}}