Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.47When is a tree situated on land
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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.