Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.63Giving a copy of an application
Start here
Get a plain-English read of sec.63
Turn the raw legal text into a practical explanation grounded in Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
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;