Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.68Order in relation to a removed tree
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sec.68 Order in relation to a removed tree
QCAT may make an order under section 66 even if the tree has been completely removed. A neighbour may apply for an order requiring the tree-keeper to pay compensation or repair costs for damage caused by a tree even if the tree-keeper has since completely removed the tree. However, QCAT may not make an order to remedy damage caused by a tree that has been completely removed if the tree-keeper has sold the land on which the tree was situated since the damage was caused. For subsection (2) , land is taken to be sold on the transfer day for the sale. (sec.68-ssec.1) QCAT may make an order under section 66 even if the tree has been completely removed. A neighbour may apply for an order requiring the tree-keeper to pay compensation or repair costs for damage caused by a tree even if the tree-keeper has since completely removed the tree. (sec.68-ssec.2) However, QCAT may not make an order to remedy damage caused by a tree that has been completely removed if the tree-keeper has sold the land on which the tree was situated since the damage was caused. (sec.68-ssec.3) For subsection (2) , land is taken to be sold on the transfer day for the sale.