sec.58Resolution 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.