sec.66Orders 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.