Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.65Requirements before order may be made
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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 ;