{"id":"nsw:sl-2024-0389","name":"Trees (Disputes Between Neighbours) Regulation 2024","slug":"trees-disputes-between-neighbours-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"389 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174392,"registerId":"nsw-sl-2024-0389-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Trees (Disputes Between Neighbours) Regulation 2024](/view/html/inforce/current/sl-2024-0389).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Trees (Disputes Between Neighbours) Regulation 2019](/view/html/repealed/current/sl-2019-0397), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Trees (Disputes Between Neighbours) Act 2006](/view/html/inforce/current/act-2006-126).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed plants—the Act, s 3","content":"#### 4 Prescribed plants—the Act, s 3\n\n4 Prescribed plants—the Act, s 3\n\n> For the Act, section 3(1), definition of tree, the following plants are prescribed—\n> \n> > (a) bamboo,\n> \n> > (b) tiger grass/giant clumping grass (*Thysanolaena latifolia*),\n> \n> > (c) a vine.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Trees (Disputes Between Neighbours) Regulation 2019](/view/html/repealed/current/sl-2019-0397) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Trees (Disputes Between Neighbours) Regulation 2019](/view/html/repealed/current/sl-2019-0397), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation repeals and replaces the 2019 regulation but contains a savings clause that preserves existing effects (s 5). It narrows the Act’s definitional scope only by prescribing three plant types as ‘trees’ (s 4). On its face, the instrument maintains continuity with prior regulatory coverage while clarifying the specific plant types caught by the Act; this assessment is limited to the text of this regulation."},"complexity_factors":["Short, focused instrument with few provisions (ss 1–5).","Cross-reference to primary Act and Interpretation Act for definitions and operation (s 3).","Prescriptive listing of plants by common name and one botanical name, leaving potential interpretive scope for terms like “a vine” (s 4).","Commencement tied to publication rather than a fixed date, affecting immediate applicability (s 2).","Repeal plus savings clause preserves prior legal effects, requiring attention to transitional continuity (s 5)."],"plain_english_summary":"This regulation specifies which plants count as “trees” for the Trees (Disputes Between Neighbours) Act by expressly declaring bamboo, tiger grass (Thysanolaena latifolia) and a vine as prescribed plants (s 4). It takes effect on publication and replaces the 2019 regulation while preserving existing legal effects (ss 2, 5).\n\nMechanically, the change alters which neighbouring landowners may face trimming, removal or liability obligations under the Act and therefore shifts private compliance costs and duties (s 4; s 5)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, this regulation appears to operate within the established scope of the Trees (Disputes Between Neighbours) Act 2006. There is no evidence from the metadata provided that the regulation expands or contracts the original legislative intent. It appears to be a standard remake or update of existing subordinate legislation governing procedural aspects of the tree disputes framework."},"complexity_factors":["Only administrative and status metadata was available — the substantive content of the regulation is absent, preventing full analysis","Subordinate legislation (regulations) can be complex to navigate because they must be read alongside the parent Act to be understood","The automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a layer of temporal complexity for users tracking currency of the law","Subject matter (tree disputes) is relatively niche but practically important for affected property owners"],"plain_english_summary":"This NSW regulation, made under the Trees (Disputes Between Neighbours) Act 2006, took effect on 16 August 2024 and will automatically repeal on 1 September 2029. Only administrative metadata was available, not the substantive provisions.\n\nIt likely affects NSW property owners and occupiers involved in neighbour tree disputes (e.g., branches, roots, shade) because such regulations typically set procedural rules—how to apply to the Land & Environment Court, fees and required information—which shape access to dispute resolution."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation maintains the exact same scope as its predecessor. It is a straightforward re-enactment with identical purpose: prescribing specific plants to be treated as 'trees' under the parent Act. The 2024 version simply updates the regulation before the 2019 version automatically expired under the Subordinate Legislation Act 1989."},"complexity_factors":["Extremely short — only 5 operative sections","Single substantive provision (section 4) prescribing only 3 plant types","Minimal defined terms — only 'the Act' is defined","No conditional logic, exceptions, or nested provisions","Standard boilerplate commencement, repeal and savings provisions","No cross-referencing beyond basic references to the parent Act and Interpretation Act"],"plain_english_summary":"This regulation updates the rules for resolving tree disputes between neighbours in New South Wales. It replaces the 2019 version of the same regulation.\n\n**What it does:**\n- **Expands what counts as a \"tree\"** for legal purposes. Under the main Trees Act, certain plants can be treated like trees if they're prescribed (officially listed) in this regulation. This regulation adds three specific types:\n  - **Bamboo** — fast-growing and often invasive\n  - **Tiger grass/giant clumping grass** (*Thysanolaena latifolia*) — a tall ornamental grass\n  - **Vines** — any climbing plant\n\n**Who it affects:**\n- Neighbours in NSW who have disputes about overhanging branches, invasive roots, or blocked views from these specific plants\n- People who own or manage properties with bamboo, tiger grass, or vines that might affect neighbouring properties\n\n**Why it matters:**\nBefore this regulation, disputes about bamboo, tiger grass, or vines might have fallen into a legal grey area. Now these plants are explicitly covered by the same dispute resolution process as traditional trees. This means neighbours can apply to the NSW Land and Environment Court for orders to prune, remove, or maintain these plants — just like they can for oak trees or eucalypts.\n\nThe regulation also ensures any ongoing legal actions or decisions made under the old 2019 rules remain valid under the new rules."}},"importantCases":[],"_links":{"self":"/api/acts/trees-disputes-between-neighbours-regulation-2024","history":"/api/acts/trees-disputes-between-neighbours-regulation-2024/history","analysis":"/api/acts/trees-disputes-between-neighbours-regulation-2024/analysis","conflicts":"/api/acts/trees-disputes-between-neighbours-regulation-2024/conflicts","importantCases":"/api/acts/trees-disputes-between-neighbours-regulation-2024/important-cases","documents":"/api/acts/trees-disputes-between-neighbours-regulation-2024/documents"}}