Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Queensland)

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Queensland) | Zoe

Deep Dive

7,763 words · generated 21/06/2026

What it does

Mechanically, the instrument sets out a statutory regime for two neighbourly neighbourhood matters: dividing fences and trees. For fences it establishes when a sufficient dividing fence is required, who is an owner and an adjoining owner, what counts as fencing work and a sufficient dividing fence, how contributions are sought and enforced, and how disputes are resolved by the Queensland Civil and Administrative Tribunal (QCAT). Key mechanics include equal contribution as the default rule for fencing work (s 7(2), s 21(1)); a notice-to-contribute and quotation requirement before non-urgent work may proceed (s 30, s 31); an urgent-work exception with post-work notice and recovery process (s 28, s 32); and QCAT powers to order line, kind, apportionment, timing and compensation related to fencing work (s 33, s 35).

For trees the Act defines who the tree-keeper is, when land is “affected” by a tree, tree-keeper responsibilities, a two-step neighbour remedy for overhanging branches up to specified heights, and a comprehensive QCAT remedial regime for other tree-related disputes. The tree chapter imposes a positive duty on the tree-keeper to cut and remove overhanging branches and to ensure the tree does not cause serious injury, serious damage, or substantial ongoing and unreasonable interference (s 52). For overhanging branches meeting statutory thresholds the neighbour may issue a written notice with a minimum 30 day compliance period and specified attachments and permissions; if the tree-keeper does not act the neighbour may remove the branches and recover up to $300 (s 57, s 58). For other or more serious tree impacts the neighbour may apply to QCAT which may make tailored orders including authorising entry, ordering work, requiring surveys, requiring compensation, ordering arborist reports and, subject to limits, overriding some local law vegetation protections where QCAT is satisfied of a genuine dispute (s 63-66, s 67).

The statute contains multiple exclusions and qualification rules. Parts of the fencing provisions do not apply to regulated pool barriers (s 9). The chapter does not displace private covenants and body corporate by-laws or laws about retaining walls or rights of support (s 10). Certain land classes are excluded from the chapters or treated specially, for example some State land and stock routes (s 8), and trees on rural land, parcels over 4 hectares, commercial plantations or land owned by local governments as public parks are excluded from the tree chapter (s 42). The Act leaves other statutory consents and approvals intact: it does not authorise activity unlawful under another Act (s 43), though QCAT can, in a genuine dispute, order work despite a local law vegetation protection order (s 67(1)).

Who pays and who decides are core operational features. Default payment is equal contributions between adjoining owners (s 21(1)); an owner seeking a higher specification bears any excess cost (s 21(2)). Lessee liability is allocated by a statutory table depending on the unexpired term of a lease, with notification and recovery rights spelled out (s 24). QCAT is the decision-maker for unresolved disputes, authorised to make a wide range of remedial and apportionment orders (s 33, s 35, s 66). Local government may step in to carry out QCAT-ordered tree work where the tree-keeper fails to act, charge the costs to the tree-keeper’s land, and enforce those costs as charges under the Local Government Act or City of Brisbane Act (s 88(1), s 88(7)).

The Act creates administrative burdens and formal steps aimed at encouraging informal resolution, while giving QCAT broad remedial powers and local government limited enforcement backstops. It also imposes buyer disclosure duties for land affected by applications or orders, with contractual and refund remedies where disclosure does not occur (s 83-87). Penalties exist for non-compliance with QCAT orders and some sale disclosure obligations (s 77, s 83, s 86).

Main concepts

The main legal concepts are defined in a compact statutory vocabulary that determines application, thresholds and remedies. Key definitions and concepts include fence, dividing fence, sufficient dividing fence, fencing work, owner, adjoining owners, tree, tree-keeper, land affected by a tree, notice to contribute, urgent fencing work, and authorisation. The definitions operate as gates to entitlement and process.

Fence is broadly defined to include structures, hedges and watercourses that enclose or bound land and expressly includes gates, cattle grids, apparatus, foundations and supports (s 11). Excluded from the definition are retaining walls and walls that are part of buildings (s 11(2)), which shifts some potential disputes into other legal regimes about retaining walls and rights of support (s 10(1)(c)). A dividing fence is a fence on the common boundary, and a fence not on the common boundary may nevertheless be a dividing fence if it is impracticable to situate it on the common boundary for natural reasons, or where pastoral parcels are separated by features insufficient to stop stock (s 12). A sufficient dividing fence is context sensitive: for residential parcels it must be between 0.5 metres and 1.8 metres and consist substantially of prescribed materials (s 13(1)(a)); for pastoral parcels the sufficient standard is functional, sufficient to restrain the grazing stock on each parcel (s 13(1)(b)); parties may also agree a fence is sufficient or QCAT may decide that (s 13(1)(c)).

Fencing work includes the full lifecycle of the fence: design, construction, modification, replacement, removal, repair and maintenance, surveying and land preparation, planting hedges, cleaning or altering ditches and watercourses and obtaining any approval required (s 16). Notices to contribute must be in an approved form, state a description, the line proposed if construction or replacement is involved, the type of fencing work and include at least one written quotation (s 31(2)-(3)). Important procedural rules are the default equal apportionment rule (s 21(1)), and that an owner who wants a higher standard bears the excess (s 21(2)).

For trees, tree is given a broad botanical and horticultural meaning that includes woody perennials, plants resembling trees, bamboos, palms, cacti, vines, stumps, bare trunks and dead trees; the Act allows regulations to add or exclude plants from the definition (s 45). Land is affected by a tree where branches overhang, or the tree has caused, is causing or is likely within 12 months to cause serious injury, serious damage or substantial ongoing and unreasonable interference with use and enjoyment; and the affected land must adjoin the land where the tree is situated or would do so but for a separating road (s 46). The tree-keeper is the person with current possession or interest for the land the tree sits on, specified by land tenure (registered owner, lessee, permit holder, body corporate or trustee) (s 48). Crucially, the Act imposes a responsibility on the tree-keeper to cut and remove overhanging branches and to ensure the tree does not cause the harms listed, but s 52 explicitly disclaims that this section creates a separate civil cause of action.

Who it affects

The Act creates duties and procedural consequences for four main sets of actors: adjoining owners, owners more generally (including lessees and bodies corporate), tree-keepers and neighbours, QCAT as the decision-maker, and local governments as potential enforcers. It also affects buyers and sellers of land where an application or order exists, surveyors and contractors, and, indirectly, insurers and real estate agents involved in transactions.

Adjoining owners are central to the fencing provisions. The default rule imposes an equal-sharing obligation on adjoining owners to contribute to sufficient dividing fences (s 7(2), s 21(1)), and the owner who wants an enhanced standard pays the difference (s 21(2)). The definition of owner is tenure-sensitive and includes registered owners, lessees, permit grantees, bodies corporate and persons entitled to rents and profits (s 14(1)). However the section also carves out that local governments are not owners for land used as a public park and certain plantation licensees and sublicensees are not owners in plantation forests (s 14(2)). These definitional rules determine who is liable and who may receive or must give notices under the Act.

Lessees are specifically affected by s 24, which allocates a percentage share of the owner’s contribution to fencing work depending on the unexpired term of the lease, ranging from zero for leases under five years to 100 per cent for leases with 12 or more years unexpired, subject to the owner giving the lessee a copy of the notice as soon as practicable (s 24(2)-(3)). If the lessee pays more than required they have recovery and set off rights against the owner (s 24(5)).

Tree-keepers are affected as they are the person statutorily responsible for care and maintenance of the tree and for cutting overhanging branches that overhang a neighbour’s land (s 52(1)-(2)). The Act makes clear that tree-keeper responsibilities are shared equally if there is more than one tree-keeper for a tree (s 53).

Neighbours who are affected by trees (registered owners and occupiers of affected land, bodies corporate in some cases) have statutory remedies: common law abatement remains available (s 54) and statutory processes for notice and recovery for overhanging branches (s 57-58) and for QCAT applications for other remedies (s 62-66). For overhanging branches, neighbours may be able to enter into their own arrangements, but the statutory notice process creates specific preconditions to recovery and authorisation to enter the tree-keeper’s land (s 57).

QCAT is the decision authority for disputes under both chapters (s 33, s 61). Its jurisdiction reaches both process and substance: line of fence, sufficiency, apportionment, ordering removal or rectification of unauthorised fences, and a full remedial suite for trees (s 35, s 39, s 66).

Key duties and rights

The Act sets out duties to build, maintain and restore fences, rights to require contribution, duties in relation to tree maintenance, notice and entry rights, and QCAT’s remedial powers. The statutory text prescribes procedural preconditions for enforcement and substantive duties with quantifiable limits.

Duties to contribute for a sufficient dividing fence are the primary obligation between adjoining owners. If there is no sufficient dividing fence an adjoining owner is liable to contribute to fencing work; contribution may be monetary, labour or materials (s 20(1)). The default apportionment is equal shares (s 21(1)). Where an owner desires a higher specification than a sufficient dividing fence, that owner bears the additional cost beyond the sufficient standard (s 21(2)). Fences must ordinarily be on the common boundary when constructed or replaced, except where impracticable because of natural physical features (s 20(2), s 12).

When an adjoining owner wishes a contribution they must follow the notice-to-contribute process. The owner must give an approved-form notice describing the land, proposed line, type of work and estimated cost and attach at least one written quotation (s 31(2)-(3)). The notice may propose a different cost-sharing scheme, in which case the proposed proportions must be stated (s 31(4)-(5)). If the owners do not agree within one month of the notice, either may apply to QCAT within two months (s 31(6)). Importantly, absent urgent fencing work or QCAT leave, neither owner may carry out fencing work prior to agreement or order (s 30(2), s 31(7)). Urgent fencing work is allowed without prior notice if impracticable to give notice and the owner may recover contribution afterwards by notice (s 28, s 32). The cause of damage does not affect the operation of s 28 (s 28(3)).

For lessees, the Act allocates liability between owner and lessee by a sliding scale tied to the unexpired lease term (s 24(2)). The lessee is only liable if the owner gives the lessee a copy of the relevant notice as soon as practicable (s 24(3)). Where the owner gives a lessee notice, the lessee has the same rights as the owner in proceedings before QCAT and an agreement cannot be made without the lessee’s agreement under the chapter (s 24(4)). If a lessee overpays, recovery and set-off mechanisms are available (s 24(5)).

For damage caused by negligent or deliberate acts, the owner (or person who entered the owner’s land with express consent) must restore the fence to a reasonable standard taking account of its prior state (s 26(2)). If they fail to restore the adjoining owner may issue a s 31 notice or carry out urgent fencing work (s 26(2)-(3)).

Penalties and enforcement

The statute includes specific enforcement mechanisms, civil recovery procedures and criminal penalties for certain breaches of statutory duties, with QCAT and local government as primary enforcement nodes.

QCAT is the principal dispute-resolution forum. It has jurisdiction to hear and decide any matter arising under the chapters covering fences and trees (s 33, s 61). QCAT may grant a broad range of orders in relation to fencing: determine the line for fencing work, specify the fencing work and kind of dividing fence, apportion or re-apportion contributions, designate parts to be constructed or repaired by each adjoining owner, order timing, and any ancillary works including retaining walls; it may also order compensation for damage caused by another adjoining owner or their invitee and order removal of attachments or fences (s 35). For trees QCAT can order work to prevent serious injury or remedy damage and interference, authorise entry, require surveys, require application for consents, award compensation for damage to neighbour’s land or property, and require reports by qualified arborists (s 66). QCAT can also, in genuine disputes, make orders that authorise work even where a local law or vegetation protection order would otherwise prohibit it (s 67(1)), with the explicit caveat that QCAT cannot make orders that would contravene other Acts (s 67(3)).

Failure to comply with an order under the chapter carries a statutory penalty. Section 77 provides a maximum penalty of 1,000 penalty units for failing to comply with a requirement imposed by an order under the chapter unless the person has a reasonable excuse. The Act does not define the monetary value of a penalty unit; that value is set elsewhere, but the presence of a 1,000 penalty unit maximum indicates a significant potential financial sanction.

For transactional non-disclosure there are other penalties and remedies. Section 83 imposes a maximum penalty of 500 penalty units for a seller who fails to give a buyer a copy of an application or order affecting the land before entering into a contract, unless the seller has a reasonable excuse. Section 86 expands the civil remedies available to the buyer where disclosure is not made and the seller had prior knowledge: the buyer may terminate the contract pre-settlement and obtain a refund of deposit within 14 days and may recover reasonable legal and other expenses incurred after signing the contract; breaching seller or agent liabilities are joint and several in certain instances (s 86(2)-(7)). There are also separate maximum penalties,200 penalty units each,for the seller’s failure to refund the deposit and for a third party who holds the deposit and fails to immediately refund upon instruction (s 86(4)-(5)).

How it interacts with other laws

The Act is structured to coexist with, but not displace, other statutory regimes and private arrangements. It expressly preserves private covenants and certain body corporate by-laws and does not authorise acts unlawful under other Acts, but it gives QCAT a limited power to make orders that operate despite local law vegetation protections in genuine disputes.

First, the Act does not affect a covenant or agreement between adjoining owners about dividing fences that is not an agreement under this chapter, nor body corporate by-laws under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 on dividing fences, nor laws about retaining walls or rights of support (s 10(1)). This is explicit: private agreements and specialised regimes continue to operate and may impose different obligations or rights. The Act also clarifies that it does not prevent the State, local government or other entity entering into a fencing contribution agreement (s 10(2)), so government contributions under other statutory or administrative schemes remain possible.

Second, the interface with planning, building and local laws is preserved. Section 9 excludes pool barriers from Parts 3 to 6 and directs readers to the Building Act 1975, chapter 8 part 2A. Section 43 affirms that, except as provided in s 67, the chapter does not authorise work that would otherwise be unlawful under another Act, nor does it limit the operation of laws requiring consent before work. Practically this means that if tree or fencing work requires development approval, building permits, vegetation protection consents or other authorisations, those requirements remain binding and must be obtained (s 43). This preserves the primacy of other regulatory regimes dealing with environmental protection, heritage, building safety and similar matters.

Third, QCAT has limited override capacity for local laws governing vegetation where QCAT is satisfied a genuine dispute exists. Section 67 permits QCAT to order work on a tree even though consent is withheld under a vegetation protection order or local law would otherwise require consent; work carried out pursuant to those orders is lawful despite the local law (s 67(1)-(2)). However, s 67(3) makes clear that QCAT may not make an order for work prohibited under another Act. The interaction therefore is: local law may be overridden in a genuine neighbourhood dispute with QCAT authorisation, but state or federal Acts that prohibit certain work cannot be circumvented by QCAT orders.

Fourth, the Act creates cross-reference enforcement hooks into other statutory regimes. For example local governments may recover costs incurred in carrying out tree work as if they were unpaid amounts under the Local Government Act 2009 or the City of Brisbane Act 2010 (s 88(7)). That treatment makes the local government’s recovery power compatible with existing charge and rate recovery tools, and it integrates the Act’s enforcement with established local government financial enforcement processes.

Amendment history

The provided text contains several amendment notes embedded in the source clauses, indicating the Act has been subject to targeted changes since its initial drafting. The material shows amendments affecting the operation and coverage of the chapters and procedural elements.

Section 8 records an amendment in 2014 (2014 No. 7 s 578 sch 4 pt 2) which is reflected in the present exclusions and application rules for certain State land and other land categories (s 8). Section 9 records amendment in 2011 (s 9 amd 2011 No. 27 s 313) which links parts 3 to 6 to the Building Act 1975 pool barrier provisions. Section 13 and other sections bear the same structure but no explicit amendment note within the text excerpt; however several later sections include amendment notes.

Notably section 37 carries an amendment note (s 37 amd 2019 No. 11 s 231 sch 1 pt 2) indicating a 2019 amendment that altered the process for applying for an order in absence of an adjoining owner, adding examples of reasonable inquiries such as searching electoral rolls and making inquiries with neighbours, tenants, real estate agents and the local government about the adjoining owner’s whereabouts. The addition indicates legislative attention to absentee owners and process for proceeding where an adjoining owner cannot be located.

Section 42 and section 48 show amendment notations (s 42 amd 2024 No. 12 s 131 sch 1 pt 1; s 48 amd 2024 No. 12 s 131 sch 1 pt 1). Those indicate a 2024 amendment package that adjusted the scope of the tree chapter, notably the land to which it applies and the identity of the tree-keeper. The amendments in 2024 are visible in the expanded list of land types and specific exclusions for parcels over 4 hectares, rural land, local government public parks and other categories (s 42). Section 48’s amendment clarifies the tree-keeper list and the statement that nothing in the chapter confers ownership of the tree.

Section 66 is noted as amended in 2023 (s 66 amd 2023 No. 27 s 289 sch 3), indicating refinements to QCAT’s powers in relation to tree orders, including explicit examples in the text that QCAT may require surveys, consignments to authorities, authorise entry, allocate costs and order arborist reports. The 2023 amendment also clarified the circumstances in which obstruction of sunlight or views amounts to substantial ongoing and unreasonable interference, setting thresholds such as the tree rising at least 2.5 metres and requiring severe obstruction to a window or roof or to a pre-existing view (s 66(3)).

Other sections show more general amendment notes pointing to periodic legislative maintenance: s 13 s 8 amd 2014; s 73 amended 2014 No. 61 s 82 sch 1. These indicate the legislature has updated definitional and criterion elements for QCAT consideration, including expressly ruling that no financial or carbon trading value may be placed on a tree under the Act (s 73(3) as amended).

Litigation history

The text supplied contains no case law and names no judicial or tribunal decisions. It therefore contains no litigation history. The Act repeatedly identifies QCAT as the decision-maker for disputes under the chapters and structures in which litigation or tribunal proceedings will arise (s 33, s 61, s 35, s 66). The provisions refer to the QCAT Act for procedural matters, such as applications and representation (s 34, s 62), and to minor civil dispute processes under the QCAT Act for recovery of capped sums relating to overhanging branch removal expenses (s 58(5)).

Because the source text sets QCAT as the adjudicative forum, the likely pathway for dispute resolution is tribunal proceedings rather than court litigation in most matters falling within the chapters. The Act also creates contractual and conveyancing consequences which can generate litigation in the courts, for example disputes about whether a seller failed to disclose an order or application affecting land under s 83-87, which provide civil remedies. Likewise, lessee recovery claims under s 24(5) and debt recovery for costs under s 58(5) can proceed through QCAT or appropriate civil fora.

The Act’s preservation of common law rights, particularly the right of abatement (s 54), leaves open the possibility of proceedings in the courts for trespass, nuisance or negligence in relation to trees and fences in cases where statutory remedies are not invoked or are insufficient. However the supplied text does not cite, refer to or incorporate any decided cases or precedent, and contains a self-contained QCAT-centric remedial structure.

Practitioners should therefore treat QCAT decisions as the primary source of developing jurisprudence on points of statutory interpretation, sufficiency of fences, apportionment, the meaning of “substantial, ongoing and unreasonable interference”, and the application of thresholds such as the 2.5 metre rule for tree interference with sunlight and views. Absent cases named or discussed in the Act, the tribunal’s rulings and any subsequent appeals to the courts will be where legal principles and evidentiary standards are fleshed out. The Act itself anticipates evidentiary inputs like written quotations, arborist reports, cadastral surveys and certified register entries (s 31(3), s 66, s 40, s 81), which will feature in litigation and QCAT proceedings as evidentiary staples.

Because this extract does not list litigation, an up-to-date legal research step will be necessary to locate QCAT decisions or court authorities that have applied or interpreted these provisions in practice, particularly after the 2019, 2023 and 2024 amendments reflected in the text.

Gotchas

The statute contains several operational traps and practical thresholds that frequently catch practitioners, owners and agents who do not follow the procedural and definitional details precisely.

Notice form and quotation requirement for fencing work: To seek a contribution an owner must give an approved-form notice describing the land and line if construction or replacement is involved, detailing the type of work and the estimated cost, and attach at least one written quotation (s 31(2)-(3)). If these formalities are omitted, the statutory timeline for QCAT application (1 month to attempt agreement, then 2 months to apply) will not be properly engaged and enforcement may be undermined (s 31(6)-(7)). Substantial compliance is adequate (s 91), but that invites litigation about whether the formalities were sufficiently complied with.
Urgent work can be done without prior notice but recovery requires post-notice: An owner may carry out urgent fencing work if impracticable to give notice (s 28(2)), but contribution from the adjoining owner must be sought afterwards by notice under s 32. The statute expressly states the cause of damage does not affect operation of this section (s 28(3)), but the owner risks later dispute over reasonableness of cost and the urgency test.
Sufficient dividing fence thresholds and prescribed materials: For residential parcels a sufficient dividing fence must be between 0.5m and 1.8m and consist substantially of prescribed materials (s 13(1)(a)). This fixed ceiling and floor can produce disputes where owners want higher fences or different materials. The owner who wants above-sufficient standards pays the excess (s 21(2)), but detailed disputes about what counts as “substantially” of prescribed material may follow, especially where local laws impose additional standards (s 13(3)).
QCAT’s power to decide which fence is the dividing fence and to order removal: Where more than one fence stands on a boundary QCAT may choose which is the dividing fence and order removal of others (s 33(2)). This can lead to unexpected removal orders for fences that an owner thought were theirs to keep. The Act also allows removal of non-dividing fences where necessary to allow fencing work (s 33(3)).
Lessee liabilities require prompt owner notice: A lessee is only liable under s 24 if the owner gives the lessee a copy of the notice as soon as practicable (s 24(3)). If the owner fails to notify the lessee, the owner remains liable and the lessee retains recovery rights. Practitioners should ensure tenancy arrangements and notices are coordinated.

How to comply

Compliance with the Act requires attention to definitional thresholds, notice forms, timing rules, evidence and potential interfaces with other laws. The steps below map the procedural mechanics and practical evidence needed for common scenarios.

Before starting fencing work: If you wish to require contribution, give a notice to the adjoining owner in the approved form (chief executive may approve forms, s 96). The notice must describe the land and, if construction or replacement is proposed, the line on which it is proposed to construct or replace the fence; state the type of fencing work and the estimated cost including labour and materials; and be accompanied by at least one written quotation stating estimated cost (s 31(2)-(3)). If you propose a non-equal sharing, state the proposed proportions in the notice (s 31(4)-(5)). Do not arrange or carry out non-urgent fencing work until the owners agree or QCAT gives leave, or you risk being unable to enforce contribution (s 30(2), s 31(7)).
Urgent fencing work: If the dividing fence is damaged or destroyed and urgent work is required and it is impracticable to give a notice, you may carry out the urgent work and later give a notice to the adjoining owner to recover a reasonable contribution; the post-work notice must be in the approved form and include the description of land, reason urgent work was required, type of work carried out and any cost incurred with receipts, and may propose unequal proportions (s 28, s 32). Keep detailed receipts and contemporaneous records documenting impracticability of prior notice.
Boundary uncertainty: If the common boundary is disputed, use the s 40 cadastral surveyor process. Give written notice of intention to have the boundary defined, allow the adjoining owner one month to procure their own survey or provide written advice of the common boundary, and if no advice is given proceed with your survey. If your survey aligns “about the same position” as the adjoining owner’s written advice under s 40(3)(b), the adjoining owner may not be liable for survey costs (s 40(5)). Keep invoices and evidence of the surveyor’s registration (Surveyors Act 2003 registration).
Lessee arrangements: If the land is leased, owners must give lessees copies of notices as soon as practicable to trigger lessee liability under s 24. Establish a protocol so owners notify lessees promptly of any s 31 or s 32 notice. Attach copies of notices to lease files and obtain acknowledgment to preserve the owner’s right to shift liability according to the statutory table (s 24(2)-(4)).

ch.2-pt.1

Introduction

sec.7

Overview

sec.7 Overview

A sufficient dividing fence is required between 2 parcels of land if an adjoining owner requests a dividing fence. Generally, neighbours must— contribute equally to the building and maintaining of a sufficient dividing fence; and not attach something to a dividing fence that materially and unreasonably alters or damages it. This chapter encourages neighbours to attempt to resolve a dividing fence issue informally. However, if neighbours can not resolve a dividing fence issue, the dispute may be taken to QCAT for resolution. (sec.7-ssec.1) A sufficient dividing fence is required between 2 parcels of land if an adjoining owner requests a dividing fence. (sec.7-ssec.2) Generally, neighbours must— contribute equally to the building and maintaining of a sufficient dividing fence; and not attach something to a dividing fence that materially and unreasonably alters or damages it. (sec.7-ssec.3) This chapter encourages neighbours to attempt to resolve a dividing fence issue informally. (sec.7-ssec.4) However, if neighbours can not resolve a dividing fence issue, the dispute may be taken to QCAT for resolution.

(a) contribute equally to the building and maintaining of a sufficient dividing fence; and
(b) not attach something to a dividing fence that materially and unreasonably alters or damages it.

sec.8

Application of chapter

sec.8 Application of chapter

Subject to subsections (2) to (4) , this chapter applies to the following— land recorded in the freehold land register; land subject to a lease or licence under the Land Act 1994 ; land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ; land subject to a stock grazing permit under the Nature Conservation Act 1992 . This chapter does not apply to the following— a stock route within the meaning of the Stock Route Management Act 2002 ; South Bank public land within the meaning of the South Bank Corporation Act 1989 ; a State plantation forest, including a licence area in a State plantation forest; land prescribed under a regulation. For adjoining land consisting of 2 parcels of agricultural land, this chapter does not apply to each parcel of land for the common boundary between the parcels of land. To remove any doubt, it is declared that this chapter does not apply to unallocated State land. s 8 amd 2014 No. 7 s 578 s ch 4 pt 2 (sec.8-ssec.1) Subject to subsections (2) to (4) , this chapter applies to the following— land recorded in the freehold land register; land subject to a lease or licence under the Land Act 1994 ; land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ; land subject to a stock grazing permit under the Nature Conservation Act 1992 . (sec.8-ssec.2) This chapter does not apply to the following— a stock route within the meaning of the Stock Route Management Act 2002 ; South Bank public land within the meaning of the South Bank Corporation Act 1989 ; a State plantation forest, including a licence area in a State plantation forest; land prescribed under a regulation. (sec.8-ssec.3) For adjoining land consisting of 2 parcels of agricultural land, this chapter does not apply to each parcel of land for the common boundary between the parcels of land. (sec.8-ssec.4) To remove any doubt, it is declared that this chapter does not apply to unallocated State land.

(a) land recorded in the freehold land register;
(b) land subject to a lease or licence under the Land Act 1994 ;
(c) land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ;
(d) land subject to a stock grazing permit under the Nature Conservation Act 1992 .
(a) a stock route within the meaning of the Stock Route Management Act 2002 ;
(b) South Bank public land within the meaning of the South Bank Corporation Act 1989 ;
(c) a State plantation forest, including a licence area in a State plantation forest;
(d) land prescribed under a regulation.

sec.9

Non-application of provisions to barrier of regulated pool

sec.9 Non-application of provisions to barrier of regulated pool

Parts 3 to 6 do not apply in relation to a fence, or a part of a fence, that is a barrier of a regulated pool. See the Building Act 1975 , chapter 8 , part 2A . In this section— regulated pool means a regulated pool under the Building Act 1975 as if a reference to a regulated pool in this section were a reference to a regulated pool in chapter 8 , part 2A of that Act. s 9 amd 2011 No. 27 s 313 (sec.9-ssec.1) Parts 3 to 6 do not apply in relation to a fence, or a part of a fence, that is a barrier of a regulated pool. See the Building Act 1975 , chapter 8 , part 2A . (sec.9-ssec.2) In this section— regulated pool means a regulated pool under the Building Act 1975 as if a reference to a regulated pool in this section were a reference to a regulated pool in chapter 8 , part 2A of that Act.

sec.10

No effect on agreements or particular law

sec.10 No effect on agreements or particular law

This chapter does not affect— a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or a law about retaining walls or rights of support, including easements of support. To remove any doubt, it is declared that this chapter does not prevent the State, a local government or other entity from entering into an agreement to contribute to fencing work. (sec.10-ssec.1) This chapter does not affect— a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or a law about retaining walls or rights of support, including easements of support. (sec.10-ssec.2) To remove any doubt, it is declared that this chapter does not prevent the State, a local government or other entity from entering into an agreement to contribute to fencing work.

(a) a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or
(b) a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or
(c) a law about retaining walls or rights of support, including easements of support.

ch.2-pt.2

Interpretation

sec.11

Meaning of fence

sec.11 Meaning of fence

A fence is a structure, ditch or embankment, or a hedge or similar vegetative barrier, enclosing or bounding land, whether or not continuous or extending along the entire boundary separating the land of adjoining owners, and includes— a gate, cattle grid or apparatus necessary for the operation of the fence; and a natural or artificial watercourse separating the land of adjoining owners; and a foundation or support built solely for the support and maintenance of the fence. However, a fence is not— a retaining wall; or a wall that is part of a house, garage or other building. (sec.11-ssec.1) A fence is a structure, ditch or embankment, or a hedge or similar vegetative barrier, enclosing or bounding land, whether or not continuous or extending along the entire boundary separating the land of adjoining owners, and includes— a gate, cattle grid or apparatus necessary for the operation of the fence; and a natural or artificial watercourse separating the land of adjoining owners; and a foundation or support built solely for the support and maintenance of the fence. (sec.11-ssec.2) However, a fence is not— a retaining wall; or a wall that is part of a house, garage or other building.

(a) a gate, cattle grid or apparatus necessary for the operation of the fence; and
(b) a natural or artificial watercourse separating the land of adjoining owners; and
(c) a foundation or support built solely for the support and maintenance of the fence.
(a) a retaining wall; or
(b) a wall that is part of a house, garage or other building.

sec.12

Meaning of dividing fence

sec.12 Meaning of dividing fence

A dividing fence means a fence on the common boundary of adjoining lands. A fence separating the land of adjoining owners constructed on a line other than the common boundary is also a dividing fence if— it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times. (sec.12-ssec.1) A dividing fence means a fence on the common boundary of adjoining lands. (sec.12-ssec.2) A fence separating the land of adjoining owners constructed on a line other than the common boundary is also a dividing fence if— it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times.

(a) it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or
(b) the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times.

sec.13

Meaning of sufficient dividing fence

sec.13 Meaning of sufficient dividing fence

A dividing fence is a sufficient dividing fence if— for adjoining land consisting of 2 parcels of residential land, the dividing fence— is between a minimum of 0.5m and a maximum of 1.8m in height; and consists substantially of prescribed material; or for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or in any case— the adjoining owners agree the dividing fence is a sufficient dividing fence; or QCAT decides the dividing fence is a sufficient dividing fence. For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence. In this section— prescribed material , for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law— wood, including timber palings and lattice panels; chain wire; metal panels or rods; bricks; rendered cement; concrete blocks; hedge or other vegetative barrier; other material of which a dividing fence is ordinarily constructed. (sec.13-ssec.1) A dividing fence is a sufficient dividing fence if— for adjoining land consisting of 2 parcels of residential land, the dividing fence— is between a minimum of 0.5m and a maximum of 1.8m in height; and consists substantially of prescribed material; or for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or in any case— the adjoining owners agree the dividing fence is a sufficient dividing fence; or QCAT decides the dividing fence is a sufficient dividing fence. (sec.13-ssec.2) For this chapter, the existence of a fence, other than a dividing fence, on adjoining land must not be taken into account in deciding whether there is a sufficient dividing fence. (sec.13-ssec.3) In this section— prescribed material , for a dividing fence, means any of the following materials unless the material does not comply with a requirement under a relevant local law— wood, including timber palings and lattice panels; chain wire; metal panels or rods; bricks; rendered cement; concrete blocks; hedge or other vegetative barrier; other material of which a dividing fence is ordinarily constructed.

(a) for adjoining land consisting of 2 parcels of residential land, the dividing fence— (i) is between a minimum of 0.5m and a maximum of 1.8m in height; and (ii) consists substantially of prescribed material; or
(i) is between a minimum of 0.5m and a maximum of 1.8m in height; and
(ii) consists substantially of prescribed material; or
(b) for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or
(c) in any case— (i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or (ii) QCAT decides the dividing fence is a sufficient dividing fence.
(i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or
(ii) QCAT decides the dividing fence is a sufficient dividing fence.
(i) is between a minimum of 0.5m and a maximum of 1.8m in height; and
(ii) consists substantially of prescribed material; or
(i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or
(ii) QCAT decides the dividing fence is a sufficient dividing fence.
(a) wood, including timber palings and lattice panels;
(b) chain wire;
(c) metal panels or rods;
(d) bricks;
(e) rendered cement;
(f) concrete blocks;
(g) hedge or other vegetative barrier;
(h) other material of which a dividing fence is ordinarily constructed.

sec.14

Meaning of owner for land

sec.14 Meaning of owner for land

An owner , for land, is— if the land is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; or if the land is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; or if the land is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; or if the land is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; or if the land is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; or if the land is a parcel of land the subject of a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; or if the land is let or may be let—a person who is entitled to, or would be entitled to, the rents and profits of the land whether as a beneficial owner, trustee, mortgagee in possession or otherwise. However, if the land is— used as a public park and the registered owner of the land is a local government, the local government is not an owner for the land; or a State plantation forest and a plantation licensee holds an interest under the Forestry Act 1959 over the land, the plantation licensee is not an owner for the land; or a State plantation forest and a plantation sublicensee holds an interest under the Forestry Act 1959 over the land, the plantation sublicensee is not an owner for the land. (sec.14-ssec.1) An owner , for land, is— if the land is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; or if the land is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; or if the land is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; or if the land is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; or if the land is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; or if the land is a parcel of land the subject of a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; or if the land is let or may be let—a person who is entitled to, or would be entitled to, the rents and profits of the land whether as a beneficial owner, trustee, mortgagee in possession or otherwise. (sec.14-ssec.2) However, if the land is— used as a public park and the registered owner of the land is a local government, the local government is not an owner for the land; or a State plantation forest and a plantation licensee holds an interest under the Forestry Act 1959 over the land, the plantation licensee is not an owner for the land; or a State plantation forest and a plantation sublicensee holds an interest under the Forestry Act 1959 over the land, the plantation sublicensee is not an owner for the land.

(a) if the land is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; or
(b) if the land is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; or
(c) if the land is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; or
(d) if the land is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; or
(e) if the land is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; or
(f) if the land is a parcel of land the subject of a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; or
(g) if the land is let or may be let—a person who is entitled to, or would be entitled to, the rents and profits of the land whether as a beneficial owner, trustee, mortgagee in possession or otherwise.
(a) used as a public park and the registered owner of the land is a local government, the local government is not an owner for the land; or
(b) a State plantation forest and a plantation licensee holds an interest under the Forestry Act 1959 over the land, the plantation licensee is not an owner for the land; or
(c) a State plantation forest and a plantation sublicensee holds an interest under the Forestry Act 1959 over the land, the plantation sublicensee is not an owner for the land.

sec.15

Meaning of adjoining owners and adjoining land

sec.15 Meaning of adjoining owners and adjoining land

Adjoining owners are the owners of the land on either side of a common boundary. Also, the owners of agricultural land or pastoral land on either side of a road are adjoining owners if— the owners agree to be adjoining owners under this chapter; or QCAT decides a fence has been used, or could reasonably be used, as a dividing fence for the 2 parcels of land. This means that a responsibility to contribute to fencing work may apply to a fence on 1 side of a road. Adjoining land is the land on either side of a common boundary. (sec.15-ssec.1) Adjoining owners are the owners of the land on either side of a common boundary. (sec.15-ssec.2) Also, the owners of agricultural land or pastoral land on either side of a road are adjoining owners if— the owners agree to be adjoining owners under this chapter; or QCAT decides a fence has been used, or could reasonably be used, as a dividing fence for the 2 parcels of land. This means that a responsibility to contribute to fencing work may apply to a fence on 1 side of a road. (sec.15-ssec.3) Adjoining land is the land on either side of a common boundary.

(a) the owners agree to be adjoining owners under this chapter; or
(b) QCAT decides a fence has been used, or could reasonably be used, as a dividing fence for the 2 parcels of land. Note— This means that a responsibility to contribute to fencing work may apply to a fence on 1 side of a road.

sec.16

Meaning of fencing work

sec.16 Meaning of fencing work

Fencing work , for a dividing fence, means— the design, construction, modification, replacement, removal, repair or maintenance of the whole or part of the dividing fence; and 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 a purpose mentioned in paragraph (a) ; and includes— the planting, replanting and maintenance of a hedge or similar vegetative barrier as the dividing fence; and the cleaning, deepening, enlargement or alteration of a ditch, embankment or watercourse that serves as the dividing fence; and obtaining an approval required for fencing work.

(a) the design, construction, modification, replacement, removal, repair or maintenance of the whole or part of the 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 a purpose mentioned in paragraph (a) ;
(c) the planting, replanting and maintenance of a hedge or similar vegetative barrier as the dividing fence; and
(d) the cleaning, deepening, enlargement or alteration of a ditch, embankment or watercourse that serves as the dividing fence; and
(e) obtaining an approval required for fencing work.

sec.17

Meaning of authorisation

sec.17 Meaning of authorisation

Authorisation , for a dividing fence, means— the adjoining owners have agreed under this chapter about fencing work to be carried out for the dividing fence; or QCAT has ordered that fencing work be carried out for the dividing fence.

(a) the adjoining owners have agreed under this chapter about fencing work to be carried out for the dividing fence; or
(b) QCAT has ordered that fencing work be carried out for the dividing fence.

sec.18

Meaning of agricultural land , pastoral land , prescribed rural land and residential land

sec.18 Meaning of agricultural land , pastoral land , prescribed rural land and residential land

Agricultural land is rural land of more than half a hectare used for cultivating crops on a commercial basis regardless of whether the land is also used for residential purposes. Pastoral land is rural land of more than half a hectare used for grazing stock on a commercial basis regardless of whether the land is also used for residential purposes. Prescribed rural land is agricultural land, pastoral land or other rural land of more than half a hectare primarily used for residential purposes. Residential land is land, other than agricultural land and pastoral land, used primarily for residential purposes. (sec.18-ssec.1) Agricultural land is rural land of more than half a hectare used for cultivating crops on a commercial basis regardless of whether the land is also used for residential purposes. (sec.18-ssec.2) Pastoral land is rural land of more than half a hectare used for grazing stock on a commercial basis regardless of whether the land is also used for residential purposes. (sec.18-ssec.3) Prescribed rural land is agricultural land, pastoral land or other rural land of more than half a hectare primarily used for residential purposes. (sec.18-ssec.4) Residential land is land, other than agricultural land and pastoral land, used primarily for residential purposes.

ch.2-pt.3

Neighbours’ responsibilities

sec.19

Ownership of dividing fence

sec.19 Ownership of dividing fence

This Act does not affect the common law under which a dividing fence separating adjoining land is, to the extent the dividing fence is on the common boundary, owned equally by the adjoining owners.

sec.20

Liability for fencing work

sec.20 Liability for fencing work

If there is no sufficient dividing fence between 2 parcels of land consisting of adjoining land, an adjoining owner is liable to contribute to carrying out fencing work for a sufficient dividing fence. An adjoining owner may contribute by a payment of an amount or provision of labour or materials. If carrying out fencing work includes construction or replacement of a sufficient dividing fence, the fence must be constructed or replaced on the common boundary other than to the extent it is impracticable to do so because of natural physical features. However, other than for urgent fencing work, subsection (1) is only enforceable if— the adjoining owners have agreed under this chapter about carrying out the fencing work; or QCAT has ordered that the fencing work be carried out. To remove any doubt, it is declared that subsection (1) applies even if— there is already a dividing fence other than a sufficient dividing fence; or one or both parcels of land are vacant land. (sec.20-ssec.1) If there is no sufficient dividing fence between 2 parcels of land consisting of adjoining land, an adjoining owner is liable to contribute to carrying out fencing work for a sufficient dividing fence. An adjoining owner may contribute by a payment of an amount or provision of labour or materials. (sec.20-ssec.2) If carrying out fencing work includes construction or replacement of a sufficient dividing fence, the fence must be constructed or replaced on the common boundary other than to the extent it is impracticable to do so because of natural physical features. (sec.20-ssec.3) However, other than for urgent fencing work, subsection (1) is only enforceable if— the adjoining owners have agreed under this chapter about carrying out the fencing work; or QCAT has ordered that the fencing work be carried out. (sec.20-ssec.4) To remove any doubt, it is declared that subsection (1) applies even if— there is already a dividing fence other than a sufficient dividing fence; or one or both parcels of land are vacant land.

(a) the adjoining owners have agreed under this chapter about carrying out the fencing work; or
(b) QCAT has ordered that the fencing work be carried out.
(a) there is already a dividing fence other than a sufficient dividing fence; or
(b) one or both parcels of land are vacant land.

sec.21

Contribution between adjoining owners—generally

sec.21 Contribution between adjoining owners—generally

Adjoining owners are each liable to contribute equally to carrying out fencing work for a sufficient dividing fence. An adjoining owner who wants to carry out fencing work for a dividing fence to a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent that it is greater than the standard for a sufficient dividing fence. (sec.21-ssec.1) Adjoining owners are each liable to contribute equally to carrying out fencing work for a sufficient dividing fence. (sec.21-ssec.2) An adjoining owner who wants to carry out fencing work for a dividing fence to a standard greater than the standard for a sufficient dividing fence is liable for the fencing work to the extent that it is greater than the standard for a sufficient dividing fence.

sec.22

Contribution—parcel of prescribed rural land adjoining residential development

sec.22 Contribution—parcel of prescribed rural land adjoining residential development

This section applies if— adjoining land previously consisted of 2 parcels of prescribed rural land; and there is a residential development of all or part of 1 parcel of the adjoining land. The adjoining land consists of a sugar cane farm and a housing estate but previously consisted of 2 sugar cane farms. An owner of prescribed rural land is liable to contribute to carrying out fencing work for a dividing fence that would have been a sufficient dividing fence for the 2 parcels of prescribed rural land before the residential development. (sec.22-ssec.1) This section applies if— adjoining land previously consisted of 2 parcels of prescribed rural land; and there is a residential development of all or part of 1 parcel of the adjoining land. The adjoining land consists of a sugar cane farm and a housing estate but previously consisted of 2 sugar cane farms. (sec.22-ssec.2) An owner of prescribed rural land is liable to contribute to carrying out fencing work for a dividing fence that would have been a sufficient dividing fence for the 2 parcels of prescribed rural land before the residential development.

(a) adjoining land previously consisted of 2 parcels of prescribed rural land; and
(b) there is a residential development of all or part of 1 parcel of the adjoining land.

sec.23

Contribution—prescribed land adjoining residential development

sec.23 Contribution—prescribed land adjoining residential development

This section applies if— adjoining land previously consisted of 2 parcels of prescribed land; and there is a residential development of all or part of 1 parcel of the adjoining land. An owner of prescribed land is liable to contribute to carrying out fencing work for a dividing fence that would have been a sufficient dividing fence for the 2 parcels of prescribed land before the residential development. In this section— prescribed land means land greater than a size prescribed by regulation. (sec.23-ssec.1) This section applies if— adjoining land previously consisted of 2 parcels of prescribed land; and there is a residential development of all or part of 1 parcel of the adjoining land. (sec.23-ssec.2) An owner of prescribed land is liable to contribute to carrying out fencing work for a dividing fence that would have been a sufficient dividing fence for the 2 parcels of prescribed land before the residential development. (sec.23-ssec.3) In this section— prescribed land means land greater than a size prescribed by regulation.

(a) adjoining land previously consisted of 2 parcels of prescribed land; and
(b) there is a residential development of all or part of 1 parcel of the adjoining land.

sec.24

Liability of lessee

sec.24 Liability of lessee

This section applies if— an owner of land is liable to contribute to carrying out fencing work for a sufficient dividing fence (the owner’s share ); and a lessee, other than a lessee under the Retail Shop Leases Act 1994 , has a lease of the land from the owner. If, at the time the fencing work is carried out, the unexpired term of the lease is the number of years mentioned in column 1 of the following table— the owner is liable for the percentage of the owner’s share mentioned in column 2 of the table; and the lessee is liable for the percentage of the owner’s share mentioned in column 3 of the table. Column 1 Length of unexpired term of lease Column 2 Liability of owner Column 3 Liability of lessee less than 5 years 100% 0% 5 or more but less than 7 years 75% 25% 7 or more but less than 12 years 50% 50% 12 or more years 0% 100% However, the lessee is liable to contribute only if the owner gives the lessee, as soon as practicable, a copy of a notice the owner gives or is given under this chapter for the land. If the owner gives the lessee a notice under subsection (3) , for this chapter— there is no agreement between the owner and the adjoining owner without the lessee’s agreement; and the lessee has the same rights as the owner for a proceeding before QCAT. If the lessee pays an amount more than the lessee is required to pay under this section, the lessee may— recover the excess paid from the owner; or set off the excess against any rent payable to the owner. In this section— owner does not include the following— the State; a local government; an owner under section 14 (1) (b) . (sec.24-ssec.1) This section applies if— an owner of land is liable to contribute to carrying out fencing work for a sufficient dividing fence (the owner’s share ); and a lessee, other than a lessee under the Retail Shop Leases Act 1994 , has a lease of the land from the owner. (sec.24-ssec.2) If, at the time the fencing work is carried out, the unexpired term of the lease is the number of years mentioned in column 1 of the following table— the owner is liable for the percentage of the owner’s share mentioned in column 2 of the table; and the lessee is liable for the percentage of the owner’s share mentioned in column 3 of the table. Column 1 Length of unexpired term of lease Column 2 Liability of owner Column 3 Liability of lessee less than 5 years 100% 0% 5 or more but less than 7 years 75% 25% 7 or more but less than 12 years 50% 50% 12 or more years 0% 100% (sec.24-ssec.3) However, the lessee is liable to contribute only if the owner gives the lessee, as soon as practicable, a copy of a notice the owner gives or is given under this chapter for the land. (sec.24-ssec.4) If the owner gives the lessee a notice under subsection (3) , for this chapter— there is no agreement between the owner and the adjoining owner without the lessee’s agreement; and the lessee has the same rights as the owner for a proceeding before QCAT. (sec.24-ssec.5) If the lessee pays an amount more than the lessee is required to pay under this section, the lessee may— recover the excess paid from the owner; or set off the excess against any rent payable to the owner. (sec.24-ssec.6) In this section— owner does not include the following— the State; a local government; an owner under section 14 (1) (b) .

(a) an owner of land is liable to contribute to carrying out fencing work for a sufficient dividing fence (the owner’s share ); and
(b) a lessee, other than a lessee under the Retail Shop Leases Act 1994 , has a lease of the land from the owner.
(a) the owner is liable for the percentage of the owner’s share mentioned in column 2 of the table; and
(b) the lessee is liable for the percentage of the owner’s share mentioned in column 3 of the table. Column 1 Length of unexpired term of lease Column 2 Liability of owner Column 3 Liability of lessee less than 5 years 100% 0% 5 or more but less than 7 years 75% 25% 7 or more but less than 12 years 50% 50% 12 or more years 0% 100%
(a) there is no agreement between the owner and the adjoining owner without the lessee’s agreement; and
(b) the lessee has the same rights as the owner for a proceeding before QCAT.
(a) recover the excess paid from the owner; or
(b) set off the excess against any rent payable to the owner.
(a) the State;
(b) a local government;
(c) an owner under section 14 (1) (b) .

sec.25

Contribution—particular State land

sec.25 Contribution—particular State land

If— an owner constructs a dividing fence, whether before or after the commencement of this section, for adjoining land consisting of the owner’s land and a parcel of land mentioned in section 8 (2) to (4) ; and a person acquires an interest or title for part or all of the adjoining land from the State; the person is liable for half of the relevant fencing cost. At the time the person acquires the interest for part or all of the adjoining land, the State must give the person notice of the person’s liability under this section. In this section— relevant fencing cost means the lesser of— the cost, at the date the fence was constructed, of fencing work required to have a sufficient dividing fence; and the cost, at the date the person becomes liable, of fencing work required to have a sufficient dividing fence. (sec.25-ssec.1) If— an owner constructs a dividing fence, whether before or after the commencement of this section, for adjoining land consisting of the owner’s land and a parcel of land mentioned in section 8 (2) to (4) ; and a person acquires an interest or title for part or all of the adjoining land from the State; the person is liable for half of the relevant fencing cost. (sec.25-ssec.2) At the time the person acquires the interest for part or all of the adjoining land, the State must give the person notice of the person’s liability under this section. (sec.25-ssec.3) In this section— relevant fencing cost means the lesser of— the cost, at the date the fence was constructed, of fencing work required to have a sufficient dividing fence; and the cost, at the date the person becomes liable, of fencing work required to have a sufficient dividing fence.

(a) an owner constructs a dividing fence, whether before or after the commencement of this section, for adjoining land consisting of the owner’s land and a parcel of land mentioned in section 8 (2) to (4) ; and
(b) a person acquires an interest or title for part or all of the adjoining land from the State;
(a) the cost, at the date the fence was constructed, of fencing work required to have a sufficient dividing fence; and
(b) the cost, at the date the person becomes liable, of fencing work required to have a sufficient dividing fence.

sec.26

Contribution—negligent or deliberate act or omission

sec.26 Contribution—negligent or deliberate act or omission

This section applies if, whether before or after the commencement of this section, a dividing fence is damaged or destroyed by a negligent or deliberate act or omission of— an owner of land; or a person who has entered the owner’s land with the express consent of the owner. The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 31 or carry out urgent fencing work. (sec.26-ssec.1) This section applies if, whether before or after the commencement of this section, a dividing fence is damaged or destroyed by a negligent or deliberate act or omission of— an owner of land; or a person who has entered the owner’s land with the express consent of the owner. (sec.26-ssec.2) The owner must restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. If the owner does not comply with subsection (2) , the adjoining owner may give the owner a notice under section 31 or carry out urgent fencing work.

(a) an owner of land; or
(b) a person who has entered the owner’s land with the express consent of the owner.

sec.27

Attaching things to a dividing fence

sec.27 Attaching things to a dividing fence

An owner, or a person who has entered the owner’s land with the owner’s express consent, must not, without the consent of the adjoining owner, attach a thing to a dividing fence that unreasonably and materially alters or damages the dividing fence. carport, shade sails, lattice work, canvas, signs If an owner does not comply with subsection (1) , the adjoining owner may apply to QCAT for an order requiring the owner to remove the thing attached and restore the dividing fence to a reasonable standard, having regard to its state before the thing was attached. (sec.27-ssec.1) An owner, or a person who has entered the owner’s land with the owner’s express consent, must not, without the consent of the adjoining owner, attach a thing to a dividing fence that unreasonably and materially alters or damages the dividing fence. carport, shade sails, lattice work, canvas, signs (sec.27-ssec.2) If an owner does not comply with subsection (1) , the adjoining owner may apply to QCAT for an order requiring the owner to remove the thing attached and restore the dividing fence to a reasonable standard, having regard to its state before the thing was attached.

sec.28

Urgent fencing work

sec.28 Urgent fencing work

This section applies if all or part of a dividing fence is damaged or destroyed and, in the circumstances, urgent fencing work is required. If it is impracticable to give a notice under section 31 , an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. Contribution from an adjoining owner to the cost of the urgent fencing work may be obtained after giving a notice to the adjoining owner under section 32 . The cause of the damage or destruction does not affect the operation of this section. (sec.28-ssec.1) This section applies if all or part of a dividing fence is damaged or destroyed and, in the circumstances, urgent fencing work is required. (sec.28-ssec.2) If it is impracticable to give a notice under section 31 , an owner may, without giving the notice, carry out the fencing work required to restore the dividing fence to a reasonable standard, having regard to its state before the damage or destruction. Contribution from an adjoining owner to the cost of the urgent fencing work may be obtained after giving a notice to the adjoining owner under section 32 . (sec.28-ssec.3) The cause of the damage or destruction does not affect the operation of this section.

sec.29

Agreement does not affect title or possession

sec.29 Agreement does not affect title or possession

The occupation of land on either side of a dividing fence, as a result of an agreement under this chapter that fencing work is to be carried out on a line other than on the common boundary of the adjoining lands, does not affect the title to, or possession of, the land.

ch.2-pt.4

Process for obtaining contribution and resolving disputes

ch.2-pt.4-div.1

Introduction

sec.30

Overview

sec.30 Overview

Adjoining owners are encouraged to attempt to resolve issues about fencing work to avoid a dispute arising. If an owner wants an adjoining owner to contribute to fencing work, the owner must give the adjoining owner a notice to contribute under division 2 . Other than for urgent work or with leave from QCAT, the notice must be given and adjoining owners must agree before the fencing work is done. See part 5 for the process for dealing with unauthorised fencing work. An owner may apply to QCAT for resolution of a dispute if the dispute arises about— carrying out fencing work for which a notice to contribute has been given; or carrying out fencing work for a dividing fence without authorisation. (sec.30-ssec.1) Adjoining owners are encouraged to attempt to resolve issues about fencing work to avoid a dispute arising. (sec.30-ssec.2) If an owner wants an adjoining owner to contribute to fencing work, the owner must give the adjoining owner a notice to contribute under division 2 . Other than for urgent work or with leave from QCAT, the notice must be given and adjoining owners must agree before the fencing work is done. See part 5 for the process for dealing with unauthorised fencing work. (sec.30-ssec.3) An owner may apply to QCAT for resolution of a dispute if the dispute arises about— carrying out fencing work for which a notice to contribute has been given; or carrying out fencing work for a dividing fence without authorisation.

1 Other than for urgent work or with leave from QCAT, the notice must be given and adjoining owners must agree before the fencing work is done.
2 See part 5 for the process for dealing with unauthorised fencing work.
(a) carrying out fencing work for which a notice to contribute has been given; or
(b) carrying out fencing work for a dividing fence without authorisation.

ch.2-pt.4-div.2

Notice to contribute

sec.31

Notice to contribute for fencing work

sec.31 Notice to contribute for fencing work

An owner may require the adjoining owner to contribute, under this chapter, to the carrying out of fencing work for a dividing fence by giving a notice to the adjoining owner. The notice must be in the approved form and state the following— a description of the land on which the fencing work is proposed to be carried out and, if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence; A dividing fence must ordinarily be constructed on the common boundary—see section 12 . the type of fencing work proposed to be carried out; the estimated cost of the fencing work to be carried out including the cost of labour and materials. The notice must be accompanied by a copy of at least 1 written quotation stating the estimated cost of the fencing work to be carried out. The owner giving the notice may propose that any cost of the fencing work to be carried out is to be borne other than in equal proportions. For subsection (4) , the notice must state the proposed proportions. If, within 1 month after the notice is given, the adjoining owners have not agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 35 . An adjoining owner may contribute by a payment of an amount or provision of labour or materials. Until the adjoining owners have agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, neither owner may carry out fencing work, or arrange to have fencing work carried out, for the dividing fence other than for urgent fencing work. (sec.31-ssec.1) An owner may require the adjoining owner to contribute, under this chapter, to the carrying out of fencing work for a dividing fence by giving a notice to the adjoining owner. (sec.31-ssec.2) The notice must be in the approved form and state the following— a description of the land on which the fencing work is proposed to be carried out and, if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence; A dividing fence must ordinarily be constructed on the common boundary—see section 12 . the type of fencing work proposed to be carried out; the estimated cost of the fencing work to be carried out including the cost of labour and materials. (sec.31-ssec.3) The notice must be accompanied by a copy of at least 1 written quotation stating the estimated cost of the fencing work to be carried out. (sec.31-ssec.4) The owner giving the notice may propose that any cost of the fencing work to be carried out is to be borne other than in equal proportions. (sec.31-ssec.5) For subsection (4) , the notice must state the proposed proportions. (sec.31-ssec.6) If, within 1 month after the notice is given, the adjoining owners have not agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 35 . An adjoining owner may contribute by a payment of an amount or provision of labour or materials. (sec.31-ssec.7) Until the adjoining owners have agreed about the proposed fencing work to be carried out and their contributions to the proposed fencing work, neither owner may carry out fencing work, or arrange to have fencing work carried out, for the dividing fence other than for urgent fencing work.

(a) a description of the land on which the fencing work is proposed to be carried out and, if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence; Note— A dividing fence must ordinarily be constructed on the common boundary—see section 12 .
(b) the type of fencing work proposed to be carried out;
(c) the estimated cost of the fencing work to be carried out including the cost of labour and materials.

sec.32

Notice to contribute for urgent fencing work

sec.32 Notice to contribute for urgent fencing work

This section applies if an owner carried out fencing work under section 28 . The owner may require the adjoining owner to contribute, under this chapter, to any reasonable cost incurred for the fencing work by giving a notice to the adjoining owner. The notice must be in the approved form and state the following— a description of the land on which the fencing work was carried out; the reason urgent fencing work was required; the type of fencing work carried out; any cost incurred for the fencing work and a receipt for the cost. The owner giving the notice may propose that the contribution to carrying out the fencing work is to be borne other than in equal proportions. For subsection (4) , the notice must state the proposed proportions. If, within 1 month after the notice is given, the adjoining owners have not agreed about their contributions to carrying out the fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 35 . (sec.32-ssec.1) This section applies if an owner carried out fencing work under section 28 . (sec.32-ssec.2) The owner may require the adjoining owner to contribute, under this chapter, to any reasonable cost incurred for the fencing work by giving a notice to the adjoining owner. (sec.32-ssec.3) The notice must be in the approved form and state the following— a description of the land on which the fencing work was carried out; the reason urgent fencing work was required; the type of fencing work carried out; any cost incurred for the fencing work and a receipt for the cost. (sec.32-ssec.4) The owner giving the notice may propose that the contribution to carrying out the fencing work is to be borne other than in equal proportions. (sec.32-ssec.5) For subsection (4) , the notice must state the proposed proportions. (sec.32-ssec.6) If, within 1 month after the notice is given, the adjoining owners have not agreed about their contributions to carrying out the fencing work, either adjoining owner may, within 2 months after the notice is given, apply to QCAT for an order under section 35 .

(a) a description of the land on which the fencing work was carried out;
(b) the reason urgent fencing work was required;
(c) the type of fencing work carried out;
(d) any cost incurred for the fencing work and a receipt for the cost.

ch.2-pt.4-div.3

Resolving disputes

sec.33

Jurisdiction

sec.33 Jurisdiction

QCAT has jurisdiction to hear and decide any matter arising under this chapter. If there is more than 1 fence on the boundary of adjoining land, QCAT may decide which of the fences is the dividing fence for the purpose of this chapter and order the removal of the other fence or fences. If there is a fence other than a dividing fence on adjoining land, QCAT may order that it be removed if QCAT considers its removal is necessary to allow fencing work for a dividing fence. (sec.33-ssec.1) QCAT has jurisdiction to hear and decide any matter arising under this chapter. (sec.33-ssec.2) If there is more than 1 fence on the boundary of adjoining land, QCAT may decide which of the fences is the dividing fence for the purpose of this chapter and order the removal of the other fence or fences. (sec.33-ssec.3) If there is a fence other than a dividing fence on adjoining land, QCAT may order that it be removed if QCAT considers its removal is necessary to allow fencing work for a dividing fence.

sec.34

Representation

sec.34 Representation

Without limiting the QCAT Act , section 43 , in a proceeding under this chapter an adjoining owner may be represented by a real estate agent. The QCAT Act , section 43 allows a person to be represented by someone else if the person has impaired capacity or the person has been given leave by QCAT.

sec.35

Orders about carrying out fencing work

sec.35 Orders about carrying out fencing work

QCAT may, for an application in relation to fencing work for a dividing fence, decide and order any 1 or more of the following— the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land; the fencing work to be carried out, including the kind of dividing fence involved; the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work; the part of the dividing fence to be constructed or repaired by either adjoining owner; the time by which the fencing work is to be carried out; any other work to be carried out that is necessary to carry out the fencing work ordered under this section including work for a retaining wall; that, in the circumstances, no dividing fence is required for all or part of the boundary of the adjoining lands; that a fence has been used, or could reasonably be used, as a dividing fence under section 15 ; the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence caused by another adjoining owner or a person mentioned in section 26 (1) (b) ; that an adjoining owner remove a thing attached to a dividing fence and restore the dividing fence; the amount of compensation payable to an adjoining owner for the removal of a fence under section 33 (3) . The occupation of land on either side of a dividing fence, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining lands, does not affect the title to, or possession of, the land. (sec.35-ssec.1) QCAT may, for an application in relation to fencing work for a dividing fence, decide and order any 1 or more of the following— the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land; the fencing work to be carried out, including the kind of dividing fence involved; the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work; the part of the dividing fence to be constructed or repaired by either adjoining owner; the time by which the fencing work is to be carried out; any other work to be carried out that is necessary to carry out the fencing work ordered under this section including work for a retaining wall; that, in the circumstances, no dividing fence is required for all or part of the boundary of the adjoining lands; that a fence has been used, or could reasonably be used, as a dividing fence under section 15 ; the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence caused by another adjoining owner or a person mentioned in section 26 (1) (b) ; that an adjoining owner remove a thing attached to a dividing fence and restore the dividing fence; the amount of compensation payable to an adjoining owner for the removal of a fence under section 33 (3) . (sec.35-ssec.2) The occupation of land on either side of a dividing fence, as a result of an order that fencing work is to be carried out on a line other than on the common boundary of the adjoining lands, does not affect the title to, or possession of, the land.

(a) the line on which the fencing work is to be carried out, whether or not that line is on the common boundary of the adjoining land;
(b) the fencing work to be carried out, including the kind of dividing fence involved;
(c) the way in which contributions for the fencing work are to be apportioned or reapportioned or the amount that each adjoining owner is liable to pay for the fencing work;
(d) the part of the dividing fence to be constructed or repaired by either adjoining owner;
(e) the time by which the fencing work is to be carried out;
(f) any other work to be carried out that is necessary to carry out the fencing work ordered under this section including work for a retaining wall;
(g) that, in the circumstances, no dividing fence is required for all or part of the boundary of the adjoining lands;
(h) that a fence has been used, or could reasonably be used, as a dividing fence under section 15 ;
(i) the amount of compensation payable to an adjoining owner for damage or destruction to a dividing fence caused by another adjoining owner or a person mentioned in section 26 (1) (b) ;
(j) that an adjoining owner remove a thing attached to a dividing fence and restore the dividing fence;
(k) the amount of compensation payable to an adjoining owner for the removal of a fence under section 33 (3) .

sec.36

Sufficient dividing fence matters for QCAT consideration

sec.36 Sufficient dividing fence matters for QCAT consideration

In deciding an application about whether a dividing fence is a sufficient dividing fence, QCAT may consider all the circumstances of the application, including the following— any existing or previously existing dividing fence; the purposes for which the 2 parcels of land consisting of the adjoining land are used, or intended to be used; the kind of dividing fence normally used in the area; whether the dividing fence is capable of being maintained by the adjoining owners; any policy adopted, or local law made, in relation to dividing fences by a local government for the area where either parcel of land is situated; any requirement for fencing work in a development approval for the land of either adjoining owner; any written agreement made between the adjoining owners for the purposes of this chapter.

(a) any existing or previously existing dividing fence;
(b) the purposes for which the 2 parcels of land consisting of the adjoining land are used, or intended to be used;
(c) the kind of dividing fence normally used in the area;
(d) whether the dividing fence is capable of being maintained by the adjoining owners;
(e) any policy adopted, or local law made, in relation to dividing fences by a local government for the area where either parcel of land is situated;
(f) any requirement for fencing work in a development approval for the land of either adjoining owner;
(g) any written agreement made between the adjoining owners for the purposes of this chapter.

sec.37

Application for order in absence of adjoining owner

sec.37 Application for order in absence of adjoining owner

An owner may apply to QCAT for an order, in the absence of the adjoining owner, authorising the carrying out of fencing work, including the way in which contributions for the work are to be apportioned. An order may be made under subsection (1) if QCAT is satisfied that the owner could not locate the adjoining owner after making all reasonable inquiries. searching the electoral roll or telephone directory making inquiries with immediate neighbours, tenants, real estate agents and the local government about where the adjoining owner is An owner who carries out fencing work authorised by an order under this section and who later locates the adjoining owner may— give a copy of the order to the adjoining owner; and after 1 month from the day of giving a copy of the order, recover from the adjoining owner the adjoining owner’s contribution as stated in the order. The adjoining owner given a copy of an order under subsection (3) may, within 1 month after being given the copy, apply to QCAT for a variation of the order and QCAT may vary the order in any way it considers appropriate. This section continues to apply to the owner or adjoining owner even if, after the order was made, the owner or the adjoining owner stopped owning the relevant parcel of land consisting of the adjoining land. s 37 amd 2019 No. 11 s 231 s ch 1 pt 2 (sec.37-ssec.1) An owner may apply to QCAT for an order, in the absence of the adjoining owner, authorising the carrying out of fencing work, including the way in which contributions for the work are to be apportioned. (sec.37-ssec.2) An order may be made under subsection (1) if QCAT is satisfied that the owner could not locate the adjoining owner after making all reasonable inquiries. searching the electoral roll or telephone directory making inquiries with immediate neighbours, tenants, real estate agents and the local government about where the adjoining owner is (sec.37-ssec.3) An owner who carries out fencing work authorised by an order under this section and who later locates the adjoining owner may— give a copy of the order to the adjoining owner; and after 1 month from the day of giving a copy of the order, recover from the adjoining owner the adjoining owner’s contribution as stated in the order. (sec.37-ssec.4) The adjoining owner given a copy of an order under subsection (3) may, within 1 month after being given the copy, apply to QCAT for a variation of the order and QCAT may vary the order in any way it considers appropriate. (sec.37-ssec.5) This section continues to apply to the owner or adjoining owner even if, after the order was made, the owner or the adjoining owner stopped owning the relevant parcel of land consisting of the adjoining land.

• searching the electoral roll or telephone directory
• making inquiries with immediate neighbours, tenants, real estate agents and the local government about where the adjoining owner is
(a) give a copy of the order to the adjoining owner; and
(b) after 1 month from the day of giving a copy of the order, recover from the adjoining owner the adjoining owner’s contribution as stated in the order.

ch.2-pt.5

Process for dealing with unauthorised construction or demolition

sec.38

Application before unauthorised construction or demolition

sec.38 Application before unauthorised construction or demolition

If an owner believes on reasonable grounds that an adjoining owner intends to construct or demolish a dividing fence without authorisation, the owner may apply to QCAT for an order preventing the adjoining owner from constructing or demolishing the dividing fence. The owner must give the adjoining owner a copy of the application at least 1 day before the application is heard. Under the Acts Interpretation Act 1954 , section 38 (3) , if the day before the application is heard falls on a day that is not a business day, the last day for giving a copy of the application is taken to be the next earlier business day. On application under this section, QCAT may make an order preventing the adjoining owner from constructing or demolishing a dividing fence. (sec.38-ssec.1) If an owner believes on reasonable grounds that an adjoining owner intends to construct or demolish a dividing fence without authorisation, the owner may apply to QCAT for an order preventing the adjoining owner from constructing or demolishing the dividing fence. (sec.38-ssec.2) The owner must give the adjoining owner a copy of the application at least 1 day before the application is heard. Under the Acts Interpretation Act 1954 , section 38 (3) , if the day before the application is heard falls on a day that is not a business day, the last day for giving a copy of the application is taken to be the next earlier business day. (sec.38-ssec.3) On application under this section, QCAT may make an order preventing the adjoining owner from constructing or demolishing a dividing fence.

sec.39

Application after unauthorised construction or demolition

sec.39 Application after unauthorised construction or demolition

If an owner constructs or demolishes a dividing fence without authorisation, the adjoining owner may apply to QCAT for an order requiring the owner to remove, modify or rectify the fence. The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard. On application under this section, QCAT may make an order requiring the owner to— remove, modify or rectify the fence; and bear the costs of the removal, modification or rectification. (sec.39-ssec.1) If an owner constructs or demolishes a dividing fence without authorisation, the adjoining owner may apply to QCAT for an order requiring the owner to remove, modify or rectify the fence. (sec.39-ssec.2) The adjoining owner must give the owner a copy of the application at least 3 days before the application is heard. (sec.39-ssec.3) On application under this section, QCAT may make an order requiring the owner to— remove, modify or rectify the fence; and bear the costs of the removal, modification or rectification.

(a) remove, modify or rectify the fence; and
(b) bear the costs of the removal, modification or rectification.

ch.2-pt.6

Process if common boundary not agreed

sec.40

Process if common boundary not agreed

sec.40 Process if common boundary not agreed

This section applies if adjoining owners do not agree on the position of the common boundary for the purposes of carrying out fencing work for a dividing fence. An owner may give a written notice to the adjoining owner, or the adjoining owner’s agent, of the owner’s intention to have the common boundary defined by a cadastral surveyor engaged by the owner. If an adjoining owner is given a notice under subsection (2) , the adjoining owner may, within 1 month after the notice is given— have the common boundary defined by a cadastral surveyor engaged by the adjoining owner and give the owner written advice of the common boundary as defined by the cadastral surveyor; or give the owner written advice of the common boundary as defined by the adjoining owner if the adjoining owner is satisfied of the accurate position of the common boundary. Unless an owner who has given notice under subsection (2) receives advice under subsection (3) (a) , the owner may have the common boundary defined by a cadastral surveyor engaged by the owner. If the common boundary defined by a cadastral surveyor engaged by the owner under subsection (4) is in about the same position as the position defined by the adjoining owner in an advice under subsection (3) (b) , the adjoining owner is not liable for any of the reasonable cost of engaging the cadastral surveyor. If subsection (5) does not apply— adjoining owners are each liable for half the reasonable cost of engaging a cadastral surveyor under this section to define the position of the common boundary; and if 1 adjoining owner pays the entire cost, the half payable by the other adjoining owner is recoverable as a debt by the first adjoining owner. In this section— cadastral surveyor means a person registered as a cadastral surveyor under the Surveyors Act 2003 . (sec.40-ssec.1) This section applies if adjoining owners do not agree on the position of the common boundary for the purposes of carrying out fencing work for a dividing fence. (sec.40-ssec.2) An owner may give a written notice to the adjoining owner, or the adjoining owner’s agent, of the owner’s intention to have the common boundary defined by a cadastral surveyor engaged by the owner. (sec.40-ssec.3) If an adjoining owner is given a notice under subsection (2) , the adjoining owner may, within 1 month after the notice is given— have the common boundary defined by a cadastral surveyor engaged by the adjoining owner and give the owner written advice of the common boundary as defined by the cadastral surveyor; or give the owner written advice of the common boundary as defined by the adjoining owner if the adjoining owner is satisfied of the accurate position of the common boundary. (sec.40-ssec.4) Unless an owner who has given notice under subsection (2) receives advice under subsection (3) (a) , the owner may have the common boundary defined by a cadastral surveyor engaged by the owner. (sec.40-ssec.5) If the common boundary defined by a cadastral surveyor engaged by the owner under subsection (4) is in about the same position as the position defined by the adjoining owner in an advice under subsection (3) (b) , the adjoining owner is not liable for any of the reasonable cost of engaging the cadastral surveyor. (sec.40-ssec.6) If subsection (5) does not apply— adjoining owners are each liable for half the reasonable cost of engaging a cadastral surveyor under this section to define the position of the common boundary; and if 1 adjoining owner pays the entire cost, the half payable by the other adjoining owner is recoverable as a debt by the first adjoining owner. (sec.40-ssec.7) In this section— cadastral surveyor means a person registered as a cadastral surveyor under the Surveyors Act 2003 .

(a) have the common boundary defined by a cadastral surveyor engaged by the adjoining owner and give the owner written advice of the common boundary as defined by the cadastral surveyor; or
(b) give the owner written advice of the common boundary as defined by the adjoining owner if the adjoining owner is satisfied of the accurate position of the common boundary.
(a) adjoining owners are each liable for half the reasonable cost of engaging a cadastral surveyor under this section to define the position of the common boundary; and
(b) if 1 adjoining owner pays the entire cost, the half payable by the other adjoining owner is recoverable as a debt by the first adjoining owner.

ch.3-pt.1

Introduction

sec.41

Overview

sec.41 Overview

A tree-keeper is responsible for the proper care and maintenance of the tree-keeper’s tree. The tree-keeper’s specific responsibilities are set out in section 52 . Generally, this chapter provides for the following ways in which a person may deal with an issue about a tree affecting the person’s land— part 3 deals with the person’s right under the common law to take action to abate a nuisance; part 4 provides for a remedy under which the person may— give a notice to the tree-keeper asking them to remove overhanging branches; and if the work is not done, remove the branches and recover the cost from the tree-keeper; part 5 provides for the person to apply to QCAT for an order. (sec.41-ssec.1) A tree-keeper is responsible for the proper care and maintenance of the tree-keeper’s tree. The tree-keeper’s specific responsibilities are set out in section 52 . (sec.41-ssec.2) Generally, this chapter provides for the following ways in which a person may deal with an issue about a tree affecting the person’s land— part 3 deals with the person’s right under the common law to take action to abate a nuisance; part 4 provides for a remedy under which the person may— give a notice to the tree-keeper asking them to remove overhanging branches; and if the work is not done, remove the branches and recover the cost from the tree-keeper; part 5 provides for the person to apply to QCAT for an order.

(a) part 3 deals with the person’s right under the common law to take action to abate a nuisance;
(b) part 4 provides for a remedy under which the person may— (i) give a notice to the tree-keeper asking them to remove overhanging branches; and (ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;
(i) give a notice to the tree-keeper asking them to remove overhanging branches; and
(ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;
(c) part 5 provides for the person to apply to QCAT for an order.
(i) give a notice to the tree-keeper asking them to remove overhanging branches; and
(ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;

sec.42

Trees to which this chapter applies

sec.42 Trees to which this chapter applies

Subject to subsections (2) to (5) , this chapter applies to trees on the following land— land recorded in the freehold land register; land the subject of a lease or licence under the Land Act 1994 ; land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ; land subject to a stock grazing permit under the Nature Conservation Act 1992 ; land contained in a reserve under the Land Act 1994 other than a reserve— for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or dedicated under section 31 (1) (d) of that Act. A regulation may provide that this chapter, or a stated provision of this chapter, does not apply to trees situated on land within a stated local government area. This chapter does not apply to trees situated on— rural land; or a parcel of land that is more than 4 hectares; or land owned by a local government that is used as a public park; or land prescribed by regulation. This chapter does not apply to trees planted or maintained— for commercial purposes; or under an order of a court or tribunal; or as a condition of a development approval. To remove any doubt, it is declared that this chapter does not apply to trees situated on unallocated State land. s 42 amd 2024 No. 12 s 131 s ch 1 pt 1 (sec.42-ssec.1) Subject to subsections (2) to (5) , this chapter applies to trees on the following land— land recorded in the freehold land register; land the subject of a lease or licence under the Land Act 1994 ; land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ; land subject to a stock grazing permit under the Nature Conservation Act 1992 ; land contained in a reserve under the Land Act 1994 other than a reserve— for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or dedicated under section 31 (1) (d) of that Act. (sec.42-ssec.2) A regulation may provide that this chapter, or a stated provision of this chapter, does not apply to trees situated on land within a stated local government area. (sec.42-ssec.3) This chapter does not apply to trees situated on— rural land; or a parcel of land that is more than 4 hectares; or land owned by a local government that is used as a public park; or land prescribed by regulation. (sec.42-ssec.4) This chapter does not apply to trees planted or maintained— for commercial purposes; or under an order of a court or tribunal; or as a condition of a development approval. (sec.42-ssec.5) To remove any doubt, it is declared that this chapter does not apply to trees situated on unallocated State land.

(a) land recorded in the freehold land register;
(b) land the subject of a lease or licence under the Land Act 1994 ;
(c) land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ;
(d) land subject to a stock grazing permit under the Nature Conservation Act 1992 ;
(e) land contained in a reserve under the Land Act 1994 other than a reserve— (i) for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or (ii) dedicated under section 31 (1) (d) of that Act.
(i) for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or
(ii) dedicated under section 31 (1) (d) of that Act.
(i) for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or
(ii) dedicated under section 31 (1) (d) of that Act.
(a) rural land; or
(b) a parcel of land that is more than 4 hectares; or
(c) land owned by a local government that is used as a public park; or
(d) land prescribed by regulation.
(a) for commercial purposes; or
(b) under an order of a court or tribunal; or
(c) as a condition of a development approval.

sec.43

Requirements under other laws

sec.43 Requirements under other laws

Except to the extent provided under section 67 , this chapter does not— authorise work to be carried out that would otherwise be unlawful under another Act; or otherwise limit the operation of another law requiring a consent or authorisation to be obtained before work may be carried out.

(a) authorise work to be carried out that would otherwise be unlawful under another Act; or
(b) otherwise limit the operation of another law requiring a consent or authorisation to be obtained before work may be carried out.

sec.44

Action may be taken in relation to more than 1 tree

sec.44 Action may be taken in relation to more than 1 tree

To remove any doubt, it is declared that, if this chapter provides for doing a thing in relation to a tree, the thing may be done in relation to 2 or more trees. A person may give a notice under section 57 asking a tree-keeper to cut and remove branches from 2 trees. A person may apply to QCAT for an order under section 66 in relation to a hedge comprising a number of trees. Subsection (1) does not limit the Acts Interpretation Act 1954 , section 32C . (sec.44-ssec.1) To remove any doubt, it is declared that, if this chapter provides for doing a thing in relation to a tree, the thing may be done in relation to 2 or more trees. A person may give a notice under section 57 asking a tree-keeper to cut and remove branches from 2 trees. A person may apply to QCAT for an order under section 66 in relation to a hedge comprising a number of trees. (sec.44-ssec.2) Subsection (1) does not limit the Acts Interpretation Act 1954 , section 32C .

1 A person may give a notice under section 57 asking a tree-keeper to cut and remove branches from 2 trees.
2 A person may apply to QCAT for an order under section 66 in relation to a hedge comprising a number of trees.

ch.3-pt.2

Interpretation

sec.45

Meaning of tree

sec.45 Meaning of tree

Tree means— any woody perennial plant; or any plant resembling a tree in form and size; or bamboo, banana plant, palm, cactus a vine; or a plant prescribed under a regulation to be a tree for this chapter. Tree includes— a bare trunk; and a stump rooted in the land; and a dead tree. However, tree does not include a plant prescribed under a regulation not to be a tree for this chapter. (sec.45-ssec.1) Tree means— any woody perennial plant; or any plant resembling a tree in form and size; or bamboo, banana plant, palm, cactus a vine; or a plant prescribed under a regulation to be a tree for this chapter. (sec.45-ssec.2) Tree includes— a bare trunk; and a stump rooted in the land; and a dead tree. (sec.45-ssec.3) However, tree does not include a plant prescribed under a regulation not to be a tree for this chapter.

(a) any woody perennial plant; or
(b) any plant resembling a tree in form and size; or Examples— bamboo, banana plant, palm, cactus
(c) a vine; or
(d) a plant prescribed under a regulation to be a tree for this chapter.
(a) a bare trunk; and
(b) a stump rooted in the land; and
(c) a dead tree.

sec.46

When is land affected by a tree

sec.46 When is land affected by a tree

Land is affected by a tree at a particular time if— any of the following applies— branches from the tree overhang the land; the tree has caused, is causing, or is likely within the next 12 months to cause— serious injury to a person on the land; or serious damage to the land or any property on the land; or substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and the land— adjoins the land on which the tree is situated; or would adjoin the land on which the tree is situated if it were not separated by a road.

(a) any of the following applies— (i) branches from the tree overhang the land; (ii) the tree has caused, is causing, or is likely within the next 12 months to cause— (A) serious injury to a person on the land; or (B) serious damage to the land or any property on the land; or (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
(i) branches from the tree overhang the land;
(ii) the tree has caused, is causing, or is likely within the next 12 months to cause— (A) serious injury to a person on the land; or (B) serious damage to the land or any property on the land; or (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
(A) serious injury to a person on the land; or
(B) serious damage to the land or any property on the land; or
(C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
(b) the land— (i) adjoins the land on which the tree is situated; or (ii) would adjoin the land on which the tree is situated if it were not separated by a road.
(i) adjoins the land on which the tree is situated; or
(ii) would adjoin the land on which the tree is situated if it were not separated by a road.
(i) branches from the tree overhang the land;
(ii) the tree has caused, is causing, or is likely within the next 12 months to cause— (A) serious injury to a person on the land; or (B) serious damage to the land or any property on the land; or (C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
(A) serious injury to a person on the land; or
(B) serious damage to the land or any property on the land; or
(C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
(A) serious injury to a person on the land; or
(B) serious damage to the land or any property on the land; or
(C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and
(i) adjoins the land on which the tree is situated; or
(ii) would adjoin the land on which the tree is situated if it were not separated by a road.

sec.47

When is a tree situated on land

sec.47 When is a tree situated on land

A tree is situated on land if the base of the tree trunk is, or was previously, situated wholly or mainly on the land. Without limiting subsection (1) , if a neighbour applies to QCAT for an order under section 66 in relation to a tree and the tree is completely removed from the land, the tree is taken to be situated on the land for the purpose of the application. See section 68 for an order QCAT may make in relation to a tree that has been removed. (sec.47-ssec.1) A tree is situated on land if the base of the tree trunk is, or was previously, situated wholly or mainly on the land. (sec.47-ssec.2) Without limiting subsection (1) , if a neighbour applies to QCAT for an order under section 66 in relation to a tree and the tree is completely removed from the land, the tree is taken to be situated on the land for the purpose of the application. See section 68 for an order QCAT may make in relation to a tree that has been removed.

sec.48

Who is a tree-keeper

sec.48 Who is a tree-keeper

The following person is the tree-keeper for a tree— if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; if the land on which the tree is situated is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; if the land on which the tree is situated is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; if the land on which the tree is situated is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; if the land on which the tree is situated is common property comprised in a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; if the land on which the tree is situated consists of all or part of a reserve under the Land Act 1994 other than a reserve mentioned in section 42 (1) (e) (i) or (ii) —the trustee of the reserve. Nothing in this chapter confers ownership of a tree. s 48 amd 2024 No. 12 s 131 s ch 1 pt 1 (sec.48-ssec.1) The following person is the tree-keeper for a tree— if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; if the land on which the tree is situated is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; if the land on which the tree is situated is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; if the land on which the tree is situated is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; if the land on which the tree is situated is common property comprised in a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; if the land on which the tree is situated consists of all or part of a reserve under the Land Act 1994 other than a reserve mentioned in section 42 (1) (e) (i) or (ii) —the trustee of the reserve. (sec.48-ssec.2) Nothing in this chapter confers ownership of a tree.

(a) if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act;
(b) if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act;
(c) if the land on which the tree is situated is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit;
(d) if the land on which the tree is situated is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit;
(e) if the land on which the tree is situated is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme;
(f) if the land on which the tree is situated is common property comprised in a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan;
(g) if the land on which the tree is situated consists of all or part of a reserve under the Land Act 1994 other than a reserve mentioned in section 42 (1) (e) (i) or (ii) —the trustee of the reserve.

sec.49

Who is a neighbour

sec.49 Who is a neighbour

Each of the following entities is a neighbour in relation to a particular tree or the tree-keeper for a particular tree— if land affected by the tree is a lot recorded in the freehold land register under the Land Title Act 1994 — a registered owner of the lot under that Act; and an occupier of the land; if land affected by the tree is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; if land affected by the tree is a parcel of land the subject of a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan. However, subsection (1) (a) (ii) does not apply for part 4 . (sec.49-ssec.1) Each of the following entities is a neighbour in relation to a particular tree or the tree-keeper for a particular tree— if land affected by the tree is a lot recorded in the freehold land register under the Land Title Act 1994 — a registered owner of the lot under that Act; and an occupier of the land; if land affected by the tree is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; if land affected by the tree is a parcel of land the subject of a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan. (sec.49-ssec.2) However, subsection (1) (a) (ii) does not apply for part 4 .

(a) if land affected by the tree is a lot recorded in the freehold land register under the Land Title Act 1994 — (i) a registered owner of the lot under that Act; and (ii) an occupier of the land;
(i) a registered owner of the lot under that Act; and
(ii) an occupier of the land;
(b) if land affected by the tree is scheme land under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme;
(c) if land affected by the tree is a parcel of land the subject of a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan.
(i) a registered owner of the lot under that Act; and
(ii) an occupier of the land;

sec.50

Meaning of work

sec.50 Meaning of work

Work , on a tree, includes— cutting and removing any part of the tree (including its branches or roots); and netting the tree; and destroying the tree.

(a) cutting and removing any part of the tree (including its branches or roots); and
(b) netting the tree; and
(c) destroying the tree.

sec.51

Meaning of destroy

sec.51 Meaning of destroy

Destroy , for a tree, means destroy in any way, including uproot, ringbark or cut down the tree, and includes remove the tree and its stump.

ch.3-pt.3

Responsibilities, liabilities and rights

sec.52

Responsibilities of a tree-keeper

sec.52 Responsibilities of a tree-keeper

A tree-keeper is responsible for cutting and removing any branches of the tree that overhang a neighbour’s land. A tree-keeper is responsible for ensuring that the tree does not cause— serious injury to a person; or serious damage to a person’s land or any property on a person’s land; or substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land. This section does not create a civil cause of action based on a breach of a tree-keeper’s responsibilities. This section is intended to help a tree-keeper and neighbours resolve any issues about a tree without a dispute arising. However, this section does not create a separate cause of action. This chapter provides ways of dealing with some issues that fall within a tree-keeper’s responsibilities under this section. (sec.52-ssec.1) A tree-keeper is responsible for cutting and removing any branches of the tree that overhang a neighbour’s land. (sec.52-ssec.2) A tree-keeper is responsible for ensuring that the tree does not cause— serious injury to a person; or serious damage to a person’s land or any property on a person’s land; or substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land. (sec.52-ssec.3) This section does not create a civil cause of action based on a breach of a tree-keeper’s responsibilities. This section is intended to help a tree-keeper and neighbours resolve any issues about a tree without a dispute arising. However, this section does not create a separate cause of action. This chapter provides ways of dealing with some issues that fall within a tree-keeper’s responsibilities under this section.

(a) serious injury to a person; or
(b) serious damage to a person’s land or any property on a person’s land; or
(c) substantial, ongoing and unreasonable interference with a person’s use and enjoyment of the person’s land.

sec.53

More than 1 tree-keeper

sec.53 More than 1 tree-keeper

If there is more than 1 tree-keeper for a tree— the responsibilities and liabilities of the tree-keeper for the tree under this chapter are shared equally; and a notice that may or must be given to the tree-keeper for a tree under this chapter may be given to any of the tree-keepers.

(a) the responsibilities and liabilities of the tree-keeper for the tree under this chapter are shared equally; and
(b) a notice that may or must be given to the tree-keeper for a tree under this chapter may be given to any of the tree-keepers.

sec.54

Common law right of abatement

sec.54 Common law right of abatement

This Act does not affect the common law right of abatement in relation to a tree other than as provided under subsection (2) . A neighbour who exercises the common law right of abatement by removing a part of a tree (for example, an overhanging branch containing fruit) may, but is not required to, return the removed part to the tree-keeper. (sec.54-ssec.1) This Act does not affect the common law right of abatement in relation to a tree other than as provided under subsection (2) . (sec.54-ssec.2) A neighbour who exercises the common law right of abatement by removing a part of a tree (for example, an overhanging branch containing fruit) may, but is not required to, return the removed part to the tree-keeper.

ch.3-pt.4

Removal of overhanging branches

sec.55

Application of this part

sec.55 Application of this part

This part applies if— a neighbour’s land is affected by a tree because branches from the tree overhang the land; and the neighbour wants the overhanging branches removed. A reference in this part to a neighbour does not include an occupier of a freehold lot who is not the registered owner—see section 49 (1) (a) (ii) and (2) . A person must not cut branches under this part without obtaining any consent or authorisation required by another law, including a vegetation protection order—see section 43 .

(a) a neighbour’s land is affected by a tree because branches from the tree overhang the land; and
(b) the neighbour wants the overhanging branches removed.
1 A reference in this part to a neighbour does not include an occupier of a freehold lot who is not the registered owner—see section 49 (1) (a) (ii) and (2) .
2 A person must not cut branches under this part without obtaining any consent or authorisation required by another law, including a vegetation protection order—see section 43 .

sec.56

Overview

sec.56 Overview

The tree-keeper and neighbour are encouraged to resolve the issue informally. However, the neighbour may— exercise the common law right of abatement; or use the formal resolution process set out in this part. (sec.56-ssec.1) The tree-keeper and neighbour are encouraged to resolve the issue informally. (sec.56-ssec.2) However, the neighbour may— exercise the common law right of abatement; or use the formal resolution process set out in this part.

(a) exercise the common law right of abatement; or
(b) use the formal resolution process set out in this part.

sec.57

Notice for particular overhanging branches

sec.57 Notice for particular overhanging branches

This section applies in relation to each of the overhanging branches— only if the branch extends to a point over the neighbour’s land that is at least 50cm from the common boundary; and only to the extent the branch is 2.5m or less above the ground. The neighbour may give a written notice to the tree-keeper asking the tree-keeper to cut and remove the overhanging branches. The notice must— state a time of at least 30 days after the day the notice is given by which the branches are to be cut and removed; and ask the tree-keeper to give the neighbour a written notice, no later than the day before anyone enters the neighbour’s land to cut and remove the branches, that states— the person who will cut and remove the overhanging branches; and the day on which the work will be carried out; and give permission to the tree-keeper or the tree-keeper’s contractor to enter the neighbour’s land on the day advised under paragraph (b) , between 8.00a.m. and 5.00p.m., to cut and remove the branches; and It is the neighbour’s responsibility to consider public liability insurance before giving a person permission to enter the neighbour’s land. It is the tree-keeper’s responsibility to consider a contractor’s insurance before engaging a contractor to carry out work on a tree. be accompanied by— at least 1 written quotation stating the estimated cost of the work; and a copy of this part. Permission under subsection (3) (c) does not authorise entry to a dwelling on the neighbour’s land. The neighbour may not give the notice if the neighbour has given another notice under subsection (2) within the previous 12 months (for any tree) to— the tree-keeper; or anyone else who is also a tree-keeper for the tree with the overhanging branches mentioned in subsection (1) . (sec.57-ssec.1) This section applies in relation to each of the overhanging branches— only if the branch extends to a point over the neighbour’s land that is at least 50cm from the common boundary; and only to the extent the branch is 2.5m or less above the ground. (sec.57-ssec.2) The neighbour may give a written notice to the tree-keeper asking the tree-keeper to cut and remove the overhanging branches. (sec.57-ssec.3) The notice must— state a time of at least 30 days after the day the notice is given by which the branches are to be cut and removed; and ask the tree-keeper to give the neighbour a written notice, no later than the day before anyone enters the neighbour’s land to cut and remove the branches, that states— the person who will cut and remove the overhanging branches; and the day on which the work will be carried out; and give permission to the tree-keeper or the tree-keeper’s contractor to enter the neighbour’s land on the day advised under paragraph (b) , between 8.00a.m. and 5.00p.m., to cut and remove the branches; and It is the neighbour’s responsibility to consider public liability insurance before giving a person permission to enter the neighbour’s land. It is the tree-keeper’s responsibility to consider a contractor’s insurance before engaging a contractor to carry out work on a tree. be accompanied by— at least 1 written quotation stating the estimated cost of the work; and a copy of this part. (sec.57-ssec.4) Permission under subsection (3) (c) does not authorise entry to a dwelling on the neighbour’s land. (sec.57-ssec.5) The neighbour may not give the notice if the neighbour has given another notice under subsection (2) within the previous 12 months (for any tree) to— the tree-keeper; or anyone else who is also a tree-keeper for the tree with the overhanging branches mentioned in subsection (1) .

(a) only if the branch extends to a point over the neighbour’s land that is at least 50cm from the common boundary; and
(b) only to the extent the branch is 2.5m or less above the ground.
(a) state a time of at least 30 days after the day the notice is given by which the branches are to be cut and removed; and
(b) ask the tree-keeper to give the neighbour a written notice, no later than the day before anyone enters the neighbour’s land to cut and remove the branches, that states— (i) the person who will cut and remove the overhanging branches; and (ii) the day on which the work will be carried out; and
(i) the person who will cut and remove the overhanging branches; and
(ii) the day on which the work will be carried out; and
(c) give permission to the tree-keeper or the tree-keeper’s contractor to enter the neighbour’s land on the day advised under paragraph (b) , between 8.00a.m. and 5.00p.m., to cut and remove the branches; and Notes— 1 It is the neighbour’s responsibility to consider public liability insurance before giving a person permission to enter the neighbour’s land. 2 It is the tree-keeper’s responsibility to consider a contractor’s insurance before engaging a contractor to carry out work on a tree.
1 It is the neighbour’s responsibility to consider public liability insurance before giving a person permission to enter the neighbour’s land.
2 It is the tree-keeper’s responsibility to consider a contractor’s insurance before engaging a contractor to carry out work on a tree.
(d) be accompanied by— (i) at least 1 written quotation stating the estimated cost of the work; and (ii) a copy of this part.
(i) at least 1 written quotation stating the estimated cost of the work; and
(ii) a copy of this part.
(i) the person who will cut and remove the overhanging branches; and
(ii) the day on which the work will be carried out; and
1 It is the neighbour’s responsibility to consider public liability insurance before giving a person permission to enter the neighbour’s land.
2 It is the tree-keeper’s responsibility to consider a contractor’s insurance before engaging a contractor to carry out work on a tree.
(i) at least 1 written quotation stating the estimated cost of the work; and
(ii) a copy of this part.
(a) the tree-keeper; or
(b) anyone else who is also a tree-keeper for the tree with the overhanging branches mentioned in subsection (1) .

sec.58

Resolution by neighbour

sec.58 Resolution by neighbour

This section applies if the overhanging branches are not cut and removed within the time notified to the tree-keeper under section 57 (3) (a) . The neighbour— may cut and remove the overhanging branches or arrange for someone else to cut and remove the overhanging branches; and may, but is not required to, return the branches to the tree-keeper. Subsection (2) does not authorise entry to the tree-keeper’s land. The tree-keeper is liable for the reasonable expenses incurred by the neighbour involved in cutting and removing the overhanging branches, but only to a maximum of $300. The neighbour may recover as a debt the amount for which the tree-keeper is liable under subsection (4) . A debt, with or without interest, of up to the prescribed amount may be recovered in minor civil dispute proceedings under the QCAT Act . (sec.58-ssec.1) This section applies if the overhanging branches are not cut and removed within the time notified to the tree-keeper under section 57 (3) (a) . (sec.58-ssec.2) The neighbour— may cut and remove the overhanging branches or arrange for someone else to cut and remove the overhanging branches; and may, but is not required to, return the branches to the tree-keeper. (sec.58-ssec.3) Subsection (2) does not authorise entry to the tree-keeper’s land. (sec.58-ssec.4) The tree-keeper is liable for the reasonable expenses incurred by the neighbour involved in cutting and removing the overhanging branches, but only to a maximum of $300. (sec.58-ssec.5) The neighbour may recover as a debt the amount for which the tree-keeper is liable under subsection (4) . A debt, with or without interest, of up to the prescribed amount may be recovered in minor civil dispute proceedings under the QCAT Act .

(a) may cut and remove the overhanging branches or arrange for someone else to cut and remove the overhanging branches; and
(b) may, but is not required to, return the branches to the tree-keeper.

ch.3-pt.5

QCAT orders to resolve other issues about trees

ch.3-pt.5-div.1

Preliminary

sec.59

Application of this part

sec.59 Application of this part

This part applies if— a neighbour’s land is affected by a tree; and the neighbour can not resolve the issue using the process under part 4 . The neighbour’s land is affected by a tree other than because branches from the tree overhang the land. Branches from a tree overhang the neighbour’s land and the neighbour is seeking a remedy that is more than the cutting and removal of the branches. The neighbour is seeking the cutting and removal of branches overhanging the neighbour’s land that are more than 2.5m above the ground.

(a) a neighbour’s land is affected by a tree; and
(b) the neighbour can not resolve the issue using the process under part 4 .
1 The neighbour’s land is affected by a tree other than because branches from the tree overhang the land.
2 Branches from a tree overhang the neighbour’s land and the neighbour is seeking a remedy that is more than the cutting and removal of the branches.
3 The neighbour is seeking the cutting and removal of branches overhanging the neighbour’s land that are more than 2.5m above the ground.

sec.60

Overview

sec.60 Overview

The tree-keeper and neighbour are encouraged to resolve the issue informally. However, the neighbour may— exercise the common law right of abatement; or apply to QCAT for resolution of the issue. (sec.60-ssec.1) The tree-keeper and neighbour are encouraged to resolve the issue informally. (sec.60-ssec.2) However, the neighbour may— exercise the common law right of abatement; or apply to QCAT for resolution of the issue.

(a) exercise the common law right of abatement; or
(b) apply to QCAT for resolution of the issue.

sec.61

Jurisdiction

sec.61 Jurisdiction

QCAT has jurisdiction to hear and decide any matter in relation to a tree in which it is alleged that, as at the date of the application to QCAT, land is affected by the tree.

ch.3-pt.5-div.2

Applying to QCAT

sec.62

Neighbour may apply to QCAT

sec.62 Neighbour may apply to QCAT

The neighbour may apply, as provided under the QCAT Act , to QCAT for an order under section 66 . However, if the land affected by the tree is a lot recorded in the freehold land register and the neighbour is an occupier but not a registered owner of the land, the neighbour may apply only if a registered owner of the land has refused to make the application. (sec.62-ssec.1) The neighbour may apply, as provided under the QCAT Act , to QCAT for an order under section 66 . (sec.62-ssec.2) However, if the land affected by the tree is a lot recorded in the freehold land register and the neighbour is an occupier but not a registered owner of the land, the neighbour may apply only if a registered owner of the land has refused to make the application.

sec.63

Giving a copy of an application

sec.63 Giving a copy of an application

At least 21 days before the day that the application is to be heard, the neighbour must give each of the following entities a copy of the application— the tree-keeper; any government authority that would be entitled to appear in proceedings in relation to the tree under section 64 ; any other person, including, for example, an occupier of the tree-keeper’s land, that the neighbour has reason to believe would be affected by the order; if the land affected by the tree is a lot recorded in the freehold land register and the neighbour is an occupier but not a registered owner of the land—each registered owner of the land. QCAT may— waive the requirement to give a copy of the application; or vary the minimum period before the hearing of the application by which the application must be given; if it considers it appropriate in the circumstances. QCAT considers that a tree poses an imminent threat of serious injury to a person or damage to the neighbour’s land or property on the neighbour’s land. (sec.63-ssec.1) At least 21 days before the day that the application is to be heard, the neighbour must give each of the following entities a copy of the application— the tree-keeper; any government authority that would be entitled to appear in proceedings in relation to the tree under section 64 ; any other person, including, for example, an occupier of the tree-keeper’s land, that the neighbour has reason to believe would be affected by the order; if the land affected by the tree is a lot recorded in the freehold land register and the neighbour is an occupier but not a registered owner of the land—each registered owner of the land. (sec.63-ssec.2) QCAT may— waive the requirement to give a copy of the application; or vary the minimum period before the hearing of the application by which the application must be given; if it considers it appropriate in the circumstances. QCAT considers that a tree poses an imminent threat of serious injury to a person or damage to the neighbour’s land or property on the neighbour’s land.

(a) the tree-keeper;
(b) any government authority that would be entitled to appear in proceedings in relation to the tree under section 64 ;
(c) any other person, including, for example, an occupier of the tree-keeper’s land, that the neighbour has reason to believe would be affected by the order;
(d) if the land affected by the tree is a lot recorded in the freehold land register and the neighbour is an occupier but not a registered owner of the land—each registered owner of the land.
(a) waive the requirement to give a copy of the application; or
(b) vary the minimum period before the hearing of the application by which the application must be given;

ch.3-pt.5-div.3

Making an order

sec.64

Government authority may appear

sec.64 Government authority may appear

A government authority may appear in a proceeding under this part if carrying out work on the tree may require the consent or authorisation of the government authority.

sec.65

Requirements before order may be made

sec.65 Requirements before order may be made

QCAT may make an order under section 66 if it is satisfied of the following matters— the neighbour has made a reasonable effort to reach agreement with the tree-keeper; the neighbour has taken all reasonable steps to resolve the issue under any relevant local law, local government scheme or local government administrative process; The relevant local government may have a scheme for dealing with ‘nuisance’ trees. to the extent the issue relates to the land being affected because branches from the tree overhang the land— the branches extend to a point over the neighbour’s land that is at least 50cm from the common boundary; and the neighbour can not properly resolve the issue using the process under part 4 ; the neighbour has given the copies of the application under section 63 , other than to the extent the requirement to do so has been waived.

(a) the neighbour has made a reasonable effort to reach agreement with the tree-keeper;
(b) the neighbour has taken all reasonable steps to resolve the issue under any relevant local law, local government scheme or local government administrative process; Note— The relevant local government may have a scheme for dealing with ‘nuisance’ trees.
(c) to the extent the issue relates to the land being affected because branches from the tree overhang the land— (i) the branches extend to a point over the neighbour’s land that is at least 50cm from the common boundary; and (ii) the neighbour can not properly resolve the issue using the process under part 4 ;
(i) the branches extend to a point over the neighbour’s land that is at least 50cm from the common boundary; and
(ii) the neighbour can not properly resolve the issue using the process under part 4 ;
(d) the neighbour has given the copies of the application under section 63 , other than to the extent the requirement to do so has been waived.
(i) the branches extend to a point over the neighbour’s land that is at least 50cm from the common boundary; and
(ii) the neighbour can not properly resolve the issue using the process under part 4 ;

sec.66

Orders QCAT may make

sec.66 Orders QCAT may make

Division 4 states the matters for QCAT’s consideration in deciding an application for an order under this section. QCAT may make the orders it considers appropriate in relation to a tree affecting the neighbour’s land— to prevent serious injury to any person; or to remedy, restrain or prevent— serious damage to the neighbour’s land or any property on the neighbour’s land; or substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land. However, subsection (2) (b) (ii) applies to interference that is an obstruction of sunlight or a view only if— the tree rises at least 2.5m above the ground; and the obstruction is— severe obstruction of sunlight to a window or roof of a dwelling on the neighbour’s land; or severe obstruction of a view, from a dwelling on the neighbour’s land, that existed when the neighbour took possession of the land. Without limiting the powers of QCAT to make orders under subsection (2) , an order may do any of the following— require or allow the tree-keeper or neighbour to carry out work on the tree on a particular occasion or on an ongoing basis; an order that requires the removal of the tree within 28 days an order that requires particular maintenance work on the tree during a particular season every year an order that requires particular work to maintain the tree at a particular height, width or shape require that a survey be undertaken to clarify the tree’s location in relation to the common boundary; require a person to apply for a consent or other authorisation from a government authority in relation to the tree; authorise a person to enter the tree-keeper’s land to carry out an order under this section, including entering land to obtain a quotation for carrying out an order; require the tree-keeper or neighbour to pay the costs associated with carrying out an order under this section; require the tree-keeper to pay compensation to a neighbour for damage to the neighbour’s land or property on the neighbour’s land; require a report by an appropriately qualified arborist. In this section— window includes a glass door, window forming part of a door, skylight or other similar thing. s 66 amd 2023 No. 27 s 289 sch 3 (sec.66-ssec.1) Division 4 states the matters for QCAT’s consideration in deciding an application for an order under this section. (sec.66-ssec.2) QCAT may make the orders it considers appropriate in relation to a tree affecting the neighbour’s land— to prevent serious injury to any person; or to remedy, restrain or prevent— serious damage to the neighbour’s land or any property on the neighbour’s land; or substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land. (sec.66-ssec.3) However, subsection (2) (b) (ii) applies to interference that is an obstruction of sunlight or a view only if— the tree rises at least 2.5m above the ground; and the obstruction is— severe obstruction of sunlight to a window or roof of a dwelling on the neighbour’s land; or severe obstruction of a view, from a dwelling on the neighbour’s land, that existed when the neighbour took possession of the land. (sec.66-ssec.5) Without limiting the powers of QCAT to make orders under subsection (2) , an order may do any of the following— require or allow the tree-keeper or neighbour to carry out work on the tree on a particular occasion or on an ongoing basis; an order that requires the removal of the tree within 28 days an order that requires particular maintenance work on the tree during a particular season every year an order that requires particular work to maintain the tree at a particular height, width or shape require that a survey be undertaken to clarify the tree’s location in relation to the common boundary; require a person to apply for a consent or other authorisation from a government authority in relation to the tree; authorise a person to enter the tree-keeper’s land to carry out an order under this section, including entering land to obtain a quotation for carrying out an order; require the tree-keeper or neighbour to pay the costs associated with carrying out an order under this section; require the tree-keeper to pay compensation to a neighbour for damage to the neighbour’s land or property on the neighbour’s land; require a report by an appropriately qualified arborist. (sec.66-ssec.6) In this section— window includes a glass door, window forming part of a door, skylight or other similar thing.

(a) to prevent serious injury to any person; or
(b) to remedy, restrain or prevent— (i) serious damage to the neighbour’s land or any property on the neighbour’s land; or (ii) substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land.
(i) serious damage to the neighbour’s land or any property on the neighbour’s land; or
(ii) substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land.
(i) serious damage to the neighbour’s land or any property on the neighbour’s land; or
(ii) substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land.
(a) the tree rises at least 2.5m above the ground; and
(b) the obstruction is— (i) severe obstruction of sunlight to a window or roof of a dwelling on the neighbour’s land; or (ii) severe obstruction of a view, from a dwelling on the neighbour’s land, that existed when the neighbour took possession of the land.
(i) severe obstruction of sunlight to a window or roof of a dwelling on the neighbour’s land; or
(ii) severe obstruction of a view, from a dwelling on the neighbour’s land, that existed when the neighbour took possession of the land.
(i) severe obstruction of sunlight to a window or roof of a dwelling on the neighbour’s land; or
(ii) severe obstruction of a view, from a dwelling on the neighbour’s land, that existed when the neighbour took possession of the land.
(a) require or allow the tree-keeper or neighbour to carry out work on the tree on a particular occasion or on an ongoing basis; Examples— • an order that requires the removal of the tree within 28 days • an order that requires particular maintenance work on the tree during a particular season every year • an order that requires particular work to maintain the tree at a particular height, width or shape
• an order that requires the removal of the tree within 28 days
• an order that requires particular maintenance work on the tree during a particular season every year
• an order that requires particular work to maintain the tree at a particular height, width or shape
(b) require that a survey be undertaken to clarify the tree’s location in relation to the common boundary;
(c) require a person to apply for a consent or other authorisation from a government authority in relation to the tree;
(d) authorise a person to enter the tree-keeper’s land to carry out an order under this section, including entering land to obtain a quotation for carrying out an order;
(e) require the tree-keeper or neighbour to pay the costs associated with carrying out an order under this section;
(f) require the tree-keeper to pay compensation to a neighbour for damage to the neighbour’s land or property on the neighbour’s land;
(g) require a report by an appropriately qualified arborist.
• an order that requires the removal of the tree within 28 days
• an order that requires particular maintenance work on the tree during a particular season every year
• an order that requires particular work to maintain the tree at a particular height, width or shape

sec.67

Scope of order to override other laws

sec.67 Scope of order to override other laws

If QCAT is satisfied the application before it was made because of a genuine dispute, it may make an order for a person to carry out work on a tree even though— consent is withheld by a local government or a tree-keeper under a vegetation protection order; or a local law requires a consent or authorisation to be given before the work may be carried out; or the work is otherwise restricted or prohibited under a local law. Work carried out under an order made under subsection (1) is lawful despite a local law. Except as provided under subsection (1) , QCAT may not make an order for a person to carry out work on a tree that is prohibited under another Act. In this section— local law includes a by-law under the Economic Development Act 2012 . s 67 amd 2019 No. 11 s 132 (sec.67-ssec.1) If QCAT is satisfied the application before it was made because of a genuine dispute, it may make an order for a person to carry out work on a tree even though— consent is withheld by a local government or a tree-keeper under a vegetation protection order; or a local law requires a consent or authorisation to be given before the work may be carried out; or the work is otherwise restricted or prohibited under a local law. (sec.67-ssec.2) Work carried out under an order made under subsection (1) is lawful despite a local law. (sec.67-ssec.3) Except as provided under subsection (1) , QCAT may not make an order for a person to carry out work on a tree that is prohibited under another Act. (sec.67-ssec.4) In this section— local law includes a by-law under the Economic Development Act 2012 .

(a) consent is withheld by a local government or a tree-keeper under a vegetation protection order; or
(b) a local law requires a consent or authorisation to be given before the work may be carried out; or
(c) the work is otherwise restricted or prohibited under a local law.

sec.68

Order in relation to a removed tree

sec.68 Order in relation to a removed tree

QCAT may make an order under section 66 even if the tree has been completely removed. A neighbour may apply for an order requiring the tree-keeper to pay compensation or repair costs for damage caused by a tree even if the tree-keeper has since completely removed the tree. However, QCAT may not make an order to remedy damage caused by a tree that has been completely removed if the tree-keeper has sold the land on which the tree was situated since the damage was caused. For subsection (2) , land is taken to be sold on the transfer day for the sale. (sec.68-ssec.1) QCAT may make an order under section 66 even if the tree has been completely removed. A neighbour may apply for an order requiring the tree-keeper to pay compensation or repair costs for damage caused by a tree even if the tree-keeper has since completely removed the tree. (sec.68-ssec.2) However, QCAT may not make an order to remedy damage caused by a tree that has been completely removed if the tree-keeper has sold the land on which the tree was situated since the damage was caused. (sec.68-ssec.3) For subsection (2) , land is taken to be sold on the transfer day for the sale.

sec.69

Additional order if destruction or removal of tree ordered

sec.69 Additional order if destruction or removal of tree ordered

If QCAT makes an order under section 66 for the destruction or removal of a tree, QCAT may also order that— the tree be replaced with— a tree appropriate to the environment and surroundings; or a tree of a different level of maturity; and the replacement tree be situated in a place other than the place where the destroyed or removed tree was situated.

(a) the tree be replaced with— (i) a tree appropriate to the environment and surroundings; or (ii) a tree of a different level of maturity; and
(i) a tree appropriate to the environment and surroundings; or
(ii) a tree of a different level of maturity; and
(b) the replacement tree be situated in a place other than the place where the destroyed or removed tree was situated.
(i) a tree appropriate to the environment and surroundings; or
(ii) a tree of a different level of maturity; and

ch.3-pt.5-div.4

Matters for QCAT consideration

sec.70

Application of div 4

sec.70 Application of div 4

This division states matters for QCAT to consider in deciding an application for an order under section 66 . This division does not limit the matters QCAT may consider. (sec.70-ssec.1) This division states matters for QCAT to consider in deciding an application for an order under section 66 . (sec.70-ssec.2) This division does not limit the matters QCAT may consider.

sec.71

Safety

sec.71 Safety

The primary consideration is the safety of any person.

sec.72

Removal or destruction of living tree to be avoided

sec.72 Removal or destruction of living tree to be avoided

A living tree should not be removed or destroyed unless the issue relating to the tree can not otherwise be satisfactorily resolved.

sec.73

General matters to consider

sec.73 General matters to consider

QCAT must consider the following matters— the location of the tree in relation to the boundary of the land on which the tree is situated and any premises, fence or other structure affected by the location of the tree; whether carrying out work on the tree would require any consent or other authorisation under another Act and, if so, whether the consent or authorisation has been obtained; whether the tree has any historical, cultural, social or scientific value; any contribution the tree makes to the local ecosystem and to biodiversity; any contribution the tree makes to the natural landscape and the scenic value of the land or locality; any contribution the tree makes to public amenity; any contribution the tree makes to the amenity of the land on which it is situated, including its contribution relating to privacy, landscaping, garden design or protection from sun, wind, noise, odour or smoke; any impact the tree has on soil stability, the water table or other natural features of the land or locality; any risks associated with the tree in the event of a cyclone or other extreme weather event; the likely impact on the tree of pruning it, including the impact on the tree of maintaining it at a particular height, width or shape; the type of tree, including whether the species of tree is a pest or weed (however described) or falls under a similar category under an Act or a local law. For subsection (1) (c) , the circumstances where a tree has historical, cultural, social or scientific value include where the tree— is, or is part of, Aboriginal cultural heritage under the Aboriginal Cultural Heritage Act 2003 ; or is, or is part of, Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003 ; or is, or is situated in, a Queensland heritage place under the Queensland Heritage Act 1992 . For this Act, no financial value or carbon trading value may be placed on a tree. s 73 amd 2014 No. 61 s 82 sch 1 (sec.73-ssec.1) QCAT must consider the following matters— the location of the tree in relation to the boundary of the land on which the tree is situated and any premises, fence or other structure affected by the location of the tree; whether carrying out work on the tree would require any consent or other authorisation under another Act and, if so, whether the consent or authorisation has been obtained; whether the tree has any historical, cultural, social or scientific value; any contribution the tree makes to the local ecosystem and to biodiversity; any contribution the tree makes to the natural landscape and the scenic value of the land or locality; any contribution the tree makes to public amenity; any contribution the tree makes to the amenity of the land on which it is situated, including its contribution relating to privacy, landscaping, garden design or protection from sun, wind, noise, odour or smoke; any impact the tree has on soil stability, the water table or other natural features of the land or locality; any risks associated with the tree in the event of a cyclone or other extreme weather event; the likely impact on the tree of pruning it, including the impact on the tree of maintaining it at a particular height, width or shape; the type of tree, including whether the species of tree is a pest or weed (however described) or falls under a similar category under an Act or a local law. (sec.73-ssec.2) For subsection (1) (c) , the circumstances where a tree has historical, cultural, social or scientific value include where the tree— is, or is part of, Aboriginal cultural heritage under the Aboriginal Cultural Heritage Act 2003 ; or is, or is part of, Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003 ; or is, or is situated in, a Queensland heritage place under the Queensland Heritage Act 1992 . (sec.73-ssec.3) For this Act, no financial value or carbon trading value may be placed on a tree.

(a) the location of the tree in relation to the boundary of the land on which the tree is situated and any premises, fence or other structure affected by the location of the tree;
(b) whether carrying out work on the tree would require any consent or other authorisation under another Act and, if so, whether the consent or authorisation has been obtained;
(c) whether the tree has any historical, cultural, social or scientific value;
(d) any contribution the tree makes to the local ecosystem and to biodiversity;
(e) any contribution the tree makes to the natural landscape and the scenic value of the land or locality;
(f) any contribution the tree makes to public amenity;
(g) any contribution the tree makes to the amenity of the land on which it is situated, including its contribution relating to privacy, landscaping, garden design or protection from sun, wind, noise, odour or smoke;
(h) any impact the tree has on soil stability, the water table or other natural features of the land or locality;
(i) any risks associated with the tree in the event of a cyclone or other extreme weather event;
(j) the likely impact on the tree of pruning it, including the impact on the tree of maintaining it at a particular height, width or shape;
(k) the type of tree, including whether the species of tree is a pest or weed (however described) or falls under a similar category under an Act or a local law.
(a) is, or is part of, Aboriginal cultural heritage under the Aboriginal Cultural Heritage Act 2003 ; or
(b) is, or is part of, Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003 ; or
(c) is, or is situated in, a Queensland heritage place under the Queensland Heritage Act 1992 .

sec.74

Other matters to consider if serious injury or damage alleged

sec.74 Other matters to consider if serious injury or damage alleged

If the neighbour alleges the tree has caused, is causing, or is likely to cause serious injury to any person, or serious damage to the neighbour’s land or property on the neighbour’s land, QCAT may consider— anything other than the tree that has contributed, or is contributing, to the injury or damage or likelihood of injury or damage, including any act or omission by the neighbour and the impact of any tree situated on the neighbour’s land; and any steps taken by the tree-keeper or the neighbour to prevent or rectify the injury or damage or the likelihood of injury or damage. In making an order under section 66 to carry out work that involves destroying a tree, QCAT may consider— how long the neighbour has known of the injury or damage; and any steps that have been taken by the tree-keeper or the neighbour to prevent further injury or damage; and anything other than the tree that may have caused, or contributed to, some or all of the injury or damage; and any other matter QCAT considers relevant. (sec.74-ssec.1) If the neighbour alleges the tree has caused, is causing, or is likely to cause serious injury to any person, or serious damage to the neighbour’s land or property on the neighbour’s land, QCAT may consider— anything other than the tree that has contributed, or is contributing, to the injury or damage or likelihood of injury or damage, including any act or omission by the neighbour and the impact of any tree situated on the neighbour’s land; and any steps taken by the tree-keeper or the neighbour to prevent or rectify the injury or damage or the likelihood of injury or damage. (sec.74-ssec.2) In making an order under section 66 to carry out work that involves destroying a tree, QCAT may consider— how long the neighbour has known of the injury or damage; and any steps that have been taken by the tree-keeper or the neighbour to prevent further injury or damage; and anything other than the tree that may have caused, or contributed to, some or all of the injury or damage; and any other matter QCAT considers relevant.

(a) anything other than the tree that has contributed, or is contributing, to the injury or damage or likelihood of injury or damage, including any act or omission by the neighbour and the impact of any tree situated on the neighbour’s land; and
(b) any steps taken by the tree-keeper or the neighbour to prevent or rectify the injury or damage or the likelihood of injury or damage.
(a) how long the neighbour has known of the injury or damage; and
(b) any steps that have been taken by the tree-keeper or the neighbour to prevent further injury or damage; and
(c) anything other than the tree that may have caused, or contributed to, some or all of the injury or damage; and
(d) any other matter QCAT considers relevant.

sec.75

Other matters to consider if unreasonable interference alleged

sec.75 Other matters to consider if unreasonable interference alleged

If the neighbour alleges the tree has caused, or is causing, substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land, QCAT may consider— anything other than the tree that has contributed, or is contributing, to the interference; and any steps taken by the tree-keeper or the neighbour to prevent or minimise the interference; and the size of the neighbour’s land; and whether the tree existed before the neighbour acquired the land; and for interference that is an obstruction of sunlight or a view—any contribution the tree makes to the protection or revegetation of a waterway or foreshore.

(a) anything other than the tree that has contributed, or is contributing, to the interference; and
(b) any steps taken by the tree-keeper or the neighbour to prevent or minimise the interference; and
(c) the size of the neighbour’s land; and
(d) whether the tree existed before the neighbour acquired the land; and
(e) for interference that is an obstruction of sunlight or a view—any contribution the tree makes to the protection or revegetation of a waterway or foreshore.

ch.3-pt.5-div.5

Matters following the making of an order

sec.76

Copy of order to be given to government authority

sec.76 Copy of order to be given to government authority

QCAT must give a copy of any order it makes in relation to a tree, other than an order dismissing an application, to— the local government for the local government area in which the tree is situated; and any government authority that appeared in the proceeding.

(a) the local government for the local government area in which the tree is situated; and
(b) any government authority that appeared in the proceeding.

sec.77

Failure to comply with order

sec.77 Failure to comply with order

A person must not fail to comply with a requirement imposed on the person by an order under this chapter unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units.

sec.78

When order lapses or may be revoked

sec.78 When order lapses or may be revoked

An order made under this chapter lapses 10 years after the day on which the order was made unless the order expressly provides otherwise. Without limiting the circumstances in which QCAT may make an order revoking an order made under this chapter, QCAT may, on application or on its own initiative, by order revoke an order it considers has been satisfied. (sec.78-ssec.1) An order made under this chapter lapses 10 years after the day on which the order was made unless the order expressly provides otherwise. (sec.78-ssec.2) Without limiting the circumstances in which QCAT may make an order revoking an order made under this chapter, QCAT may, on application or on its own initiative, by order revoke an order it considers has been satisfied.

ch.3-pt.6

Register of QCAT orders

sec.79

Register

sec.79 Register

QCAT must keep a register of orders, other than obsolete orders, made under this chapter. QCAT must keep the register in electronic form and in such a way that a search of the register for particular land will show— the existence of an order affecting the land; and the time for carrying out the order; and the person responsible for carrying out the order. For this section, land is affected by an order about a tree if, at the time the order was made, an owner or occupier of the land was a tree-keeper or neighbour for the tree. (sec.79-ssec.1) QCAT must keep a register of orders, other than obsolete orders, made under this chapter. (sec.79-ssec.2) QCAT must keep the register in electronic form and in such a way that a search of the register for particular land will show— the existence of an order affecting the land; and the time for carrying out the order; and the person responsible for carrying out the order. (sec.79-ssec.3) For this section, land is affected by an order about a tree if, at the time the order was made, an owner or occupier of the land was a tree-keeper or neighbour for the tree.

(a) the existence of an order affecting the land; and
(b) the time for carrying out the order; and
(c) the person responsible for carrying out the order.

sec.80

Records to be kept by registrar

sec.80 Records to be kept by registrar

QCAT must, within 14 days after making an order under this chapter (other than an order revoking another order), enter information about the order into the register. A regulation may prescribe information that must be entered in the register under subsection (1) . QCAT must, within 14 days after making an order that revokes another order, remove from the register the information for the other order. (sec.80-ssec.1) QCAT must, within 14 days after making an order under this chapter (other than an order revoking another order), enter information about the order into the register. (sec.80-ssec.2) A regulation may prescribe information that must be entered in the register under subsection (1) . (sec.80-ssec.3) QCAT must, within 14 days after making an order that revokes another order, remove from the register the information for the other order.

sec.81

Entitlement to search register

sec.81 Entitlement to search register

A person may search the register and obtain a certified copy of the information about an order that is included in the register. No fee is payable for— searching the register; or obtaining a certified copy of information under subsection (1) . In a proceeding, a document purporting to be a certified copy of information under subsection (1) is evidence of the information. In this section— certified means certified by the principal registrar under the QCAT Act . (sec.81-ssec.1) A person may search the register and obtain a certified copy of the information about an order that is included in the register. (sec.81-ssec.2) No fee is payable for— searching the register; or obtaining a certified copy of information under subsection (1) . (sec.81-ssec.3) In a proceeding, a document purporting to be a certified copy of information under subsection (1) is evidence of the information. (sec.81-ssec.4) In this section— certified means certified by the principal registrar under the QCAT Act .

(a) searching the register; or
(b) obtaining a certified copy of information under subsection (1) .

ch.3-pt.7

Sale or proposed sale of affected land

sec.82

Definitions for pt 7

sec.82 Definitions for pt 7

In this part— application means an application under this chapter that has not been decided, dismissed, struck out or withdrawn. land affected by an application or order means land on which a tree the subject of an application or order is situated. order means an order under this chapter, other than an obsolete order, requiring a person to carry out work on a tree the subject of the order.

sec.83

Person to give buyer copy of application or order

sec.83 Person to give buyer copy of application or order

If a person is selling land affected by an application or order, the person must give the buyer a copy of the application or order before the buyer enters into a contract of sale for the land unless the person has a reasonable excuse. Maximum penalty—500 penalty units.

sec.84

Consequences if copy of application given

sec.84 Consequences if copy of application given

If, under section 83 , a person gives a copy of an application to a buyer, the buyer is joined as a party to the QCAT proceeding when the buyer enters into the contract of sale.

sec.85

Consequences if copy of order given

sec.85 Consequences if copy of order given

If, under section 83 , a person gives a copy of an order to a buyer, on the transfer day the buyer becomes, to the extent that the seller has not carried out the work required under the order, bound by the order as if— the buyer were the person; and any period mentioned in the order for carrying out the order commenced on the transfer day.

(a) the buyer were the person; and
(b) any period mentioned in the order for carrying out the order commenced on the transfer day.

sec.86

Consequences before transfer if copy of application or order not given

sec.86 Consequences before transfer if copy of application or order not given

This section applies if— a person is selling land affected by an application or order; and the person is given a copy of the application, or the order is made, before the person enters into a contract of sale for the land; and the person does not give a copy of the application or order to the buyer before the buyer enters into the contract of sale. The buyer may terminate the contract at any time before the contract settles by giving a signed, dated notice of termination to the seller or the seller’s agent. The notice of termination must state that the contract is terminated under this section. If the contract is terminated, the seller must, within 14 days after the termination, refund any deposit paid under the contract to the buyer. Maximum penalty—200 penalty units. If the seller, acting under subsection (4) , instructs a person who holds the deposit paid under the contract to refund the deposit to the buyer, the person must immediately refund the deposit to the buyer. Maximum penalty—200 penalty units. If the contract is terminated, the seller and the person who is acting for the seller and prepared the contract are liable to the buyer for the reasonable legal and other expenses incurred by the buyer in relation to the contract after the buyer signed the contract. If more than 1 person is liable under subsection (6) , the liability of the persons is joint and several. An amount payable to the buyer under this section is recoverable as a debt. (sec.86-ssec.1) This section applies if— a person is selling land affected by an application or order; and the person is given a copy of the application, or the order is made, before the person enters into a contract of sale for the land; and the person does not give a copy of the application or order to the buyer before the buyer enters into the contract of sale. (sec.86-ssec.2) The buyer may terminate the contract at any time before the contract settles by giving a signed, dated notice of termination to the seller or the seller’s agent. (sec.86-ssec.3) The notice of termination must state that the contract is terminated under this section. (sec.86-ssec.4) If the contract is terminated, the seller must, within 14 days after the termination, refund any deposit paid under the contract to the buyer. Maximum penalty—200 penalty units. (sec.86-ssec.5) If the seller, acting under subsection (4) , instructs a person who holds the deposit paid under the contract to refund the deposit to the buyer, the person must immediately refund the deposit to the buyer. Maximum penalty—200 penalty units. (sec.86-ssec.6) If the contract is terminated, the seller and the person who is acting for the seller and prepared the contract are liable to the buyer for the reasonable legal and other expenses incurred by the buyer in relation to the contract after the buyer signed the contract. (sec.86-ssec.7) If more than 1 person is liable under subsection (6) , the liability of the persons is joint and several. (sec.86-ssec.8) An amount payable to the buyer under this section is recoverable as a debt.

(a) a person is selling land affected by an application or order; and
(b) the person is given a copy of the application, or the order is made, before the person enters into a contract of sale for the land; and
(c) the person does not give a copy of the application or order to the buyer before the buyer enters into the contract of sale.

sec.87

Consequences after transfer if copy of order not given

sec.87 Consequences after transfer if copy of order not given

This section applies to a person selling land affected by an order if— the order is made before the person enters into a contract of sale for the land; and the person— fails to give the buyer a copy of the order before the buyer enters into the contract of sale; and has not, before the transfer day, carried out all the work the person is required to carry out under the order. Despite ownership of the land being transferred to the buyer, the person remains liable to carry out the work required under the order. (sec.87-ssec.1) This section applies to a person selling land affected by an order if— the order is made before the person enters into a contract of sale for the land; and the person— fails to give the buyer a copy of the order before the buyer enters into the contract of sale; and has not, before the transfer day, carried out all the work the person is required to carry out under the order. (sec.87-ssec.2) Despite ownership of the land being transferred to the buyer, the person remains liable to carry out the work required under the order.

(a) the order is made before the person enters into a contract of sale for the land; and
(b) the person— (i) fails to give the buyer a copy of the order before the buyer enters into the contract of sale; and (ii) has not, before the transfer day, carried out all the work the person is required to carry out under the order.
(i) fails to give the buyer a copy of the order before the buyer enters into the contract of sale; and
(ii) has not, before the transfer day, carried out all the work the person is required to carry out under the order.
(i) fails to give the buyer a copy of the order before the buyer enters into the contract of sale; and
(ii) has not, before the transfer day, carried out all the work the person is required to carry out under the order.

ch.3-pt.8

Assistance from local government

More sections below

Source text: opening excerpt

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

ch.2-pt.1 Introduction

Introduction

sec.7 Overview

(a) contribute equally to the building and maintaining of a sufficient dividing fence; and
(b) not attach something to a dividing fence that materially and unreasonably alters or damages it.

sec.8 Application of chapter

(a) land recorded in the freehold land register;
(b) land subject to a lease or licence under the Land Act 1994 ;
(c) land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ;
(d) land subject to a stock grazing permit under the Nature Conservation Act 1992 .
(a) a stock route within the meaning of the Stock Route Management Act 2002 ;
(b) South Bank public land within the meaning of the South Bank Corporation Act 1989 ;
(c) a State plantation forest, including a licence area in a State plantation forest;
(d) land prescribed under a regulation.

sec.9 Non-application of provisions to barrier of regulated pool

sec.10 No effect on agreements or particular law

(a) a covenant or agreement, other than an agreement under this chapter, made between adjoining owners about a dividing fence before or after the commencement of this section; or
(b) a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 about a dividing fence; or
(c) a law about retaining walls or rights of support, including easements of support.

ch.2-pt.2 Interpretation

Interpretation

sec.11 Meaning of fence

(a) a gate, cattle grid or apparatus necessary for the operation of the fence; and
(b) a natural or artificial watercourse separating the land of adjoining owners; and
(c) a foundation or support built solely for the support and maintenance of the fence.
(a) a retaining wall; or
(b) a wall that is part of a house, garage or other building.

sec.12 Meaning of dividing fence

(a) it is impracticable to construct a fence entirely on the common boundary of the adjoining lands because of natural physical features; or
(b) the adjoining land includes 1 or more parcels of pastoral land separated by a watercourse, lake, or other natural or artificial feature insufficient to stop the passage of stock at all times.

sec.13 Meaning of sufficient dividing fence

(a) for adjoining land consisting of 2 parcels of residential land, the dividing fence— (i) is between a minimum of 0.5m and a maximum of 1.8m in height; and (ii) consists substantially of prescribed material; or
(i) is between a minimum of 0.5m and a maximum of 1.8m in height; and
(ii) consists substantially of prescribed material; or
(b) for adjoining land consisting of 2 parcels of pastoral land, the dividing fence is sufficient to restrain livestock of the type grazing on each of the parcels of land; or
(c) in any case— (i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or (ii) QCAT decides the dividing fence is a sufficient dividing fence.
(i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or
(ii) QCAT decides the dividing fence is a sufficient dividing fence.
(i) is between a minimum of 0.5m and a maximum of 1.8m in height; and
(ii) consists substantially of prescribed material; or
(i) the adjoining owners agree the dividing fence is a sufficient dividing fence; or
(ii) QCAT decides the dividing fence is a sufficient dividing fence.
(a) wood, including timber palings and lattice panels;
(b) chain wire;
(c) metal panels or rods;
(d) bricks;
(e) rendered cement;
(f) concrete blocks;
(g) hedge or other vegetative barrier;
(h) other material of which a dividing fence is ordinarily constructed.

sec.14 Meaning of owner for land

This is an opening excerpt, not the complete document.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Introduction

Introduction

Overview

sec.7 Overview

Application of chapter

sec.8 Application of chapter

Non-application of provisions to barrier of regulated pool

sec.9 Non-application of provisions to barrier of regulated pool

No effect on agreements or particular law

sec.10 No effect on agreements or particular law

Interpretation

Interpretation

Meaning of fence

sec.11 Meaning of fence

Meaning of dividing fence

sec.12 Meaning of dividing fence

Meaning of sufficient dividing fence

sec.13 Meaning of sufficient dividing fence

Meaning of owner for land

sec.14 Meaning of owner for land

Meaning of adjoining owners and adjoining land

sec.15 Meaning of adjoining owners and adjoining land

Meaning of fencing work

sec.16 Meaning of fencing work

Meaning of authorisation

sec.17 Meaning of authorisation

Meaning of agricultural land , pastoral land , prescribed rural land and residential land

sec.18 Meaning of agricultural land , pastoral land , prescribed rural land and residential land

Neighbours’ responsibilities

Neighbours’ responsibilities

Ownership of dividing fence

sec.19 Ownership of dividing fence

Liability for fencing work

sec.20 Liability for fencing work

Contribution between adjoining owners—generally

sec.21 Contribution between adjoining owners—generally

Contribution—parcel of prescribed rural land adjoining residential development

sec.22 Contribution—parcel of prescribed rural land adjoining residential development

Contribution—prescribed land adjoining residential development

sec.23 Contribution—prescribed land adjoining residential development

Liability of lessee

sec.24 Liability of lessee

Contribution—particular State land

sec.25 Contribution—particular State land

Contribution—negligent or deliberate act or omission

sec.26 Contribution—negligent or deliberate act or omission

Attaching things to a dividing fence

sec.27 Attaching things to a dividing fence

Urgent fencing work

sec.28 Urgent fencing work

Agreement does not affect title or possession

sec.29 Agreement does not affect title or possession

Process for obtaining contribution and resolving disputes

Process for obtaining contribution and resolving disputes

Introduction

Introduction

Overview

sec.30 Overview

Notice to contribute

Notice to contribute

Notice to contribute for fencing work

sec.31 Notice to contribute for fencing work

Notice to contribute for urgent fencing work

sec.32 Notice to contribute for urgent fencing work

Resolving disputes

Resolving disputes

Jurisdiction