The Act creates a specialised Land and Environment Court route for neighbour disputes about trees that damage or risk injury and high hedges that severely block sunlight or views. It channels affected owners into a regulated court process with mandatory notice, required attempts to agree, detailed factors the Court must weigh, and specific remedies — including orders to carry out or pay for works and enforcement tools involving councils and charges on land.
It primarily affects neighbouring landowners, councils, and successors in title by shifting disputes from nuisance claims into this statutory scheme.
The Trees (Disputes Between Neighbours) Act 2006 establishes a dedicated statutory jurisdiction in the Land and Environment Court to resolve private neighbour disputes concerning trees without the need to resort to common-law nuisance actions. Its core operative provisions are split between two distinct but related schemes.
Part 2 empowers an owner of land to apply to the Court for orders where a tree situated on adjoining land has caused, is causing, or is likely in the near future to cause damage to the applicant’s property or is likely to cause injury to any person (s 7 and s 10(2)). The Court’s jurisdiction is broad: it may make “such orders as it thinks fit” to remedy, restrain or prevent the damage or injury (s 9(1)). Without limiting that power, s 9(2) expressly contemplates orders requiring specified remedial or preventive work, authorisation for the applicant to enter land and carry out work, payment of costs or compensation, replacement of removed trees, and even entry onto land to obtain quotations.
Part 2A, inserted by amendment, addresses a different mischief: severe obstruction of sunlight to a window of a dwelling or of any view from a dwelling caused by a hedge. The threshold criteria are more prescriptive. The hedge must comprise two or more trees planted so as to form a hedge and rising to at least 2.5 metres above existing ground level (s 14A(1)). The Court must be satisfied both that the obstruction is severe and that the applicant’s interest in removing, remedying or restraining the obstruction outweighs any other matters suggesting the undesirability of disturbing the trees (s 14E(2)(b)). The remedial palette in s 14D(2) is similar but not identical: it includes maintenance at a stated height, width or shape, replacement with a different species, and costs, but expressly excludes compensation (s 14D(3)).
Current sections
Direct links to the current provisions in Trees (Disputes Between Neighbours) Act 2006.
interfere with a tree includes cut down, fell, remove, kill, destroy, poison, ringbark, uproot or burn a tree or any part of a tree (including its roots).
owner of land includes the occupier of the land.
the Court means the Land and Environment Court.
tree includes any woody perennial plant, any plant resembling a tree in form and size, and any other plant prescribed by the regulations.
window includes a glass sliding door, a door with a window, a skylight and any other similar thing.
(1A) For the purposes of this Act—
(a) a reference to land within a zone designated “rural-residential” includes a reference to land within a “large lot residential” land use zone, and
(b) a reference to land within a particular designated zone includes a reference to land within any zone prescribed by the regulations as a zone equivalent to that particular designated zone but does not include a reference to land within any zone prescribed by the regulations as a zone that is not equivalent to that particular designated zone.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2010 No 27, Sch 1 [1] [2]; 2017 No 17, Sch 4.99.
4
Act applies to trees on certain land
4 Act applies to trees on certain land
4 Act applies to trees on certain land
(1) This Act applies only to trees situated on the following land—
(a) any land within a zone designated “residential”, “rural-residential”, “village”, “township”, “industrial” or “business” under an environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979) or, having regard to the purpose of the zone, having the substantial character of a zone so designated,
(b) any land of a kind prescribed by the regulations for the purposes of this section.
(2) This Act does not apply to trees situated on—
(a) any land that is vested in, or managed by, a council, or
(b) any land of a kind prescribed by the regulations.
(3) For the purposes of this Act, a tree is situated on land if the tree is situated wholly or principally on the land.
(4) Without limiting subsection (3), a tree that is removed following damage or injury that gave rise to an application under Part 2 is still taken to be situated on land for the purposes of the application if the tree was situated wholly or principally on the land immediately before the damage or injury occurred.
s 4: Am 2010 No 27, Sch 1 [3] [4].
5
Action in nuisance
5 Action in nuisance
5 Action in nuisance
No action may be brought in nuisance as a result of damage caused by a tree to which Part 2 applies or as a result of an obstruction of sunlight to the window of a dwelling, or of a view from a dwelling, caused by trees to which Part 2A applies.
s 5: Am 2010 No 27, Sch 1 [5].
6
Authorisation of work or activity regulated by or under other Act
6 Authorisation of work or activity regulated by or under other Act
6 Authorisation of work or activity regulated by or under other Act
(1) Except as provided by subsection (3), an order under Part 2 or 2A does not authorise or require a person—
(a) to carry out any work or engage in any activity for which a consent or other authorisation must be obtained under any other Act without that consent or authorisation, or
(b) to carry out any work or engage in any activity that is prohibited by or under any other Act.
(2) Except as provided by subsection (3), a person may not apply to the Court for an order under Part 2 or 2A if the carrying out of the work or engagement in the activity concerned is prohibited by or under another Act.
(3) An order under Part 2 or 2A has effect despite any requirement that would otherwise apply for a consent or other authorisation in relation to the tree concerned to be obtained under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977.
s 6: Am 2010 No 27, Sch 1 [6].
Part 2
Court orders—trees that cause or are likely to cause damage or injury
Part 2 Court orders—trees that cause or are likely to cause damage or injury
Part 2 Court orders—trees that cause or are likely to cause damage or injury
pt 2, hdg: Am 2010 No 27, Sch 1 [7].
7
Application to Court by affected land owner
7 Application to Court by affected land owner
7 Application to Court by affected land owner
An owner of land may apply to the Court for an order to remedy, restrain or prevent damage to property on the land, or to prevent injury to any person, as a consequence of a tree to which this Act applies that is situated on adjoining land.
8
Notice of application for order to be given to owners of affected land
8 Notice of application for order to be given to owners of affected land
8 Notice of application for order to be given to owners of affected land
(1) An applicant for an order under this Part must give notice of the lodging of the application and the terms of any order sought at least 21 days before a hearing in relation to the application to—
(a) the owner of the land on which the tree is situated, and
(b) any relevant authority that would, in accordance with section 13, be entitled to appear in proceedings in relation to the tree, and
(c) any other person the applicant has reason to believe will be affected by the order.
(2) The Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.
(3) The Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.
s 8: Am 2025 No 15, Sch 9[1].
9
Jurisdiction to make orders
9 Jurisdiction to make orders
9 Jurisdiction to make orders
(1) The Court may make such orders as it thinks fit to remedy, restrain or prevent damage to property, or to prevent injury to any person, as a consequence of the tree the subject of the application concerned.
(2) Without limiting the powers of the Court to make orders under subsection (1), an order made under that subsection may—
(a) require the taking of specified action to remedy damage to property, or
(b) require the taking of specified action to restrain or prevent damage or, if damage has already occurred, further damage, to property, or
(c) require the taking of specified action to prevent injury to any person, or
(d) require the making of an application to obtain any consent or other authorisation referred to in section 6 (1) (a), or
(e) authorise the applicant concerned to take specified action to remedy, restrain or prevent damage or (if damage has already occurred) further damage to property, or
(f) authorise the applicant concerned to take specified action to prevent injury to any person, or
(g) authorise land to be entered for the purposes of carrying out an order under this section (including for the purposes of obtaining quotations for the carrying out of work on the land), or
(h) require the payment of costs associated with carrying out an order under this section, or
(i) require the payment of compensation for damage to property, or
(j) require the replacement of a tree that the Court orders to be removed and for the new tree to be maintained to a mature growth.
10
Matters of which Court must be satisfied before making an order
10 Matters of which Court must be satisfied before making an order
10 Matters of which Court must be satisfied before making an order
(1) The Court must not make an order under this Part unless it is satisfied—
(a) that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the tree is situated, and
(b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 8.
(2) The Court must not make an order under this Part unless it is satisfied that the tree concerned—
(a) has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property, or
(b) is likely to cause injury to any person.
11
11
11 (Repealed)
12
Matters to be considered by Court
12 Matters to be considered by Court
12 Matters to be considered by Court
Before determining an application made under this Part, the Court is to consider the following matters—
(a) the location of the tree concerned in relation to the boundary of the land on which the tree is situated and any premises,
(b) whether interference with the tree would, in the absence of section 6 (3), require any consent or other authorisation under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977 and, if so, whether any such consent or authorisation has been obtained,
(b1) whether interference with the trees would, in the absence of section 25 (t) (Legislative exclusions) of the Native Vegetation Act 2003, require approval under that Act,
(b2) the impact any pruning (including the maintenance of the tree at a certain height, width or shape) would have on the tree,
(b3) any contribution of the tree to privacy, landscaping, garden design, heritage values or protection from the sun, wind, noise, smells or smoke or the amenity of the land on which it is situated,
(c) whether the tree has any historical, cultural, social or scientific value,
(d) any contribution of the tree to the local ecosystem and biodiversity,
(e) any contribution of the tree to the natural landscape and scenic value of the land on which it is situated or the locality concerned,
(f) the intrinsic value of the tree to public amenity,
(g) any impact of the tree on soil stability, the water table or other natural features of the land or locality concerned,
(h) if the applicant alleges that the tree concerned has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property—
(i) anything, other than the tree, that has contributed, or is contributing, to any such damage or likelihood of damage, including any act or omission by the applicant and the impact of any trees owned by the applicant, and
(ii) any steps taken by the applicant or the owner of the land on which the tree is situated to prevent or rectify any such damage,
(i) if the applicant alleges that the tree concerned is likely to cause injury to any person—
(i) anything, other than the tree, that has contributed, or is contributing, to any such likelihood, including any act or omission by the applicant and the impact of any trees owned by the applicant, and
(ii) any steps taken by the applicant or the owner of the land on which the tree is situated to prevent any such injury,
(j) such other matters as the Court considers relevant in the circumstances of the case.
s 12: Am 2010 No 27, Sch 1 [9].
13
Appearance by local council or Heritage Council
13 Appearance by local council or Heritage Council
13 Appearance by local council or Heritage Council
A local council or the Heritage Council (a relevant authority) may appear before the Court in any proceedings under this Part in relation to a tree if the consent or other authorisation of the relevant authority to interfere with the tree would be required, in the absence of section 6 (3), under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977.
14
Court to provide copy of order to local council and Heritage Council
14 Court to provide copy of order to local council and Heritage Council
14 Court to provide copy of order to local council and Heritage Council
The Court must provide a copy of any order it makes under this Part (other than an order dismissing an application) to—
(a) the council of the local government area in which the tree is situated, and
(b) the Heritage Council if the Heritage Council appeared in the proceedings concerned under section 13.
s 14: Am 2010 No 27, Sch 1 [10].
Part 2A
Court orders—high hedges that obstruct sunlight or views
Part 2A Court orders—high hedges that obstruct sunlight or views
Part 2A Court orders—high hedges that obstruct sunlight or views
pt 2A: Ins 2010 No 27, Sch 1 [11].
14A
Application of Part
14A Application of Part
14A Application of Part
(1) This Part applies only to groups of 2 or more trees that—
(a) are planted (whether in the ground or otherwise) so as to form a hedge, and
(b) rise to a height of at least 2.5 metres (above existing ground level).
(2) Despite section 4, this Part does not apply to trees situated on Crown land.
s 14A: Ins 2010 No 27, Sch 1 [11]. Am 2015 No 2, Sch 4.6.
14B
Application to Court by affected land owner
14B Application to Court by affected land owner
14B Application to Court by affected land owner
An owner of land may apply to the Court for an order to remedy, restrain or prevent a severe obstruction of—
(a) sunlight to a window of a dwelling situated on the land, or
(b) any view from a dwelling situated on the land,
if the obstruction occurs as a consequence of trees to which this Part applies being situated on adjoining land.
s 14B: Ins 2010 No 27, Sch 1 [11].
14C
Notice of application for order to be given to owners of affected land
14C Notice of application for order to be given to owners of affected land
14C Notice of application for order to be given to owners of affected land
(1) An applicant for an order under this Part must give notice of the lodging of the application and the terms of any order sought at least 21 days before a hearing in relation to the application to—
(a) the owner of the land on which the trees are situated, and
(b) any relevant authority that would, in accordance with section 14G, be entitled to appear in proceedings in relation to the trees, and
(c) any other person the applicant has reason to believe will be affected by the order.
(2) The Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.
(3) The Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.
s 14C: Ins 2010 No 27, Sch 1 [11]; 2025 No 15, Sch 9[2].
14D
Jurisdiction to make orders
14D Jurisdiction to make orders
14D Jurisdiction to make orders
(1) The Court may make such orders as it thinks fit to remedy, restrain or prevent the severe obstruction of—
(a) sunlight to a window of a dwelling situated on the applicant’s land, or
(b) any view from a dwelling situated on the applicant’s land,
if the obstruction occurs as a consequence of trees that are the subject of the application concerned.
(2) Without limiting the powers of the Court to make orders under subsection (1), an order made under that subsection may do any or all of the following—
(a) require the taking of specified action to remedy the obstruction of sunlight or of a view,
(b) require the taking of specified action to restrain or prevent the obstruction of sunlight or of a view,
(c) require the taking of specified action to maintain a tree or trees at a certain height, width or shape,
(d) require the removal of a tree or trees and the replacement of the tree or trees with a different species of tree,
(e) require the making of an application to obtain any consent or other authorisation referred to in section 6 (1) (a),
(f) authorise the applicant concerned to take specified action to remedy, restrain or prevent the obstruction of sunlight or of a view,
(g) authorise land to be entered for the purposes of carrying out an order under this section (including for the purposes of obtaining quotations for the carrying out of work on the land),
(h) require the payment of costs associated with carrying out an order under this section.
(3) However, the power to make an order under subsection (1) does not extend to an order that requires the payment of compensation.
s 14D: Ins 2010 No 27, Sch 1 [11].
14E
Matters of which Court must be satisfied before making an order
14E Matters of which Court must be satisfied before making an order
14E Matters of which Court must be satisfied before making an order
(1) The Court must not make an order under this Part unless it is satisfied—
(a) that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the trees are situated, and
(b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 14C.
(2) The Court must not make an order under this Part unless it is satisfied that—
(a) the trees concerned—
(i) are severely obstructing sunlight to a window of a dwelling situated on the applicant’s land, or
(ii) are severely obstructing a view from a dwelling situated on the applicant’s land, and
(b) the severity and nature of the obstruction is such that the applicant’s interest in having the obstruction removed, remedied or restrained outweighs any other matters that suggest the undesirability of disturbing or interfering with the trees by making an order under this Part.
s 14E: Ins 2010 No 27, Sch 1 [11].
14F
Matters to be considered by Court
14F Matters to be considered by Court
14F Matters to be considered by Court
Before determining an application made under this Part, the Court is to consider the following matters—
(a) the location of the trees concerned in relation to the boundary of the land on which the trees are situated and the dwelling the subject of the application,
(b) whether the trees existed prior to the dwelling the subject of the application (or the window or part of the dwelling concerned where the dwelling has been altered or added to),
(c) whether the trees grew to a height of 2.5 metres or more during the period that the applicant has owned (or occupied) the relevant land,
(d) whether interference with the trees would, in the absence of section 6 (3), require any consent or other authorisation under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977 and, if so, whether any such consent or authorisation has been obtained,
(e) any other relevant development consent requirements or conditions relating to the applicant’s land or the land on which the trees are situated,
(f) whether the trees have any historical, cultural, social or scientific value,
(g) any contribution of the trees to the local ecosystem and biodiversity,
(h) any contribution of the trees to the natural landscape and scenic value of the land on which they are situated or the locality concerned,
(i) the intrinsic value of the trees to public amenity,
(j) any impact of the trees on soil stability, the water table or other natural features of the land or locality concerned,
(k) the impact any pruning (including the maintenance of the trees at a certain height, width or shape) would have on the trees,
(l) any contribution of the trees to privacy, landscaping, garden design, heritage values or protection from the sun, wind, noise, smells or smoke or the amenity of the land on which they are situated,
(m) anything, other than the trees, that has contributed, or is contributing, to the obstruction,
(n) any steps taken by the applicant or the owner of the land on which the trees are situated to prevent or rectify the obstruction,
(o) the amount, and number of hours per day, of any sunlight that is lost as a result of the obstruction throughout the year and the time of the year during which the sunlight is lost,
(p) whether the trees lose their leaves during certain times of the year and the portion of the year that the trees have less or no leaves,
(q) the nature and extent of any view affected by the obstruction and the nature and extent of any remaining view,
(r) the part of the dwelling the subject of the application from which a view is obstructed or to which sunlight is obstructed,
(s) such other matters as the Court considers relevant in the circumstances of the case.
s 14F: Ins 2010 No 27, Sch 1 [11].
14G
Appearance by local council or Heritage Council
14G Appearance by local council or Heritage Council
14G Appearance by local council or Heritage Council
A local council or the Heritage Council (a relevant authority) may appear before the Court in any proceedings under this Part in relation to trees if the consent or other authorisation of the relevant authority to interfere with the trees would be required, in the absence of section 6 (3), under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977.
s 14G: Ins 2010 No 27, Sch 1 [11].
14H
Court to provide copy of order to local council and Heritage Council
14H Court to provide copy of order to local council and Heritage Council
14H Court to provide copy of order to local council and Heritage Council
The Court must provide a copy of any order it makes under this Part (other than an order dismissing an application) to—
(a) the council of the local government area in which the trees are situated, and
(b) the Heritage Council if the Heritage Council appeared in the proceedings concerned under section 14G.
s 14H: Ins 2010 No 27, Sch 1 [11].
14I
Review of Part
14I Review of Part
14I Review of Part
(1) The Minister is to review this Part to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 2 years from the date of commencement of this Part.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
s 14I: Ins 2010 No 27, Sch 1 [11].
Part 3
Enforcement of orders
Part 3 Enforcement of orders
Part 3 Enforcement of orders
15
Failure to comply with order
15 Failure to comply with order
15 Failure to comply with order
(1) A person must not fail to comply with any requirement imposed on the person by an order under Part 2 or 2A.
Maximum penalty—1,000 penalty units.
(2) Proceedings for an offence under subsection (1) may be taken before the Court in its summary jurisdiction.
s 15: Am 2010 No 27, Sch 1 [12].
16
Successors in title bound by order
16 Successors in title bound by order
16 Successors in title bound by order
(1) If the Court makes an order under Part 2 requiring a person who is an owner of land on which a tree is situated (an original owner) to carry out work in relation to the tree within a specified period and the original owner ceases to be the owner of the land before the work is carried out, a successor in title to the owner—
(a) is required to carry out that work, and
(b) to that extent, is bound by the order in the same way as the original owner (except as provided by this section).
(1A) If the Court makes an order under Part 2A requiring a person who is an owner of land on which 2 or more trees are situated (an original trees owner) to carry out work in relation to a tree or trees within a specified period and the original trees owner ceases to be the owner of the land before the work is carried out, the immediate successor in title to the owner—
(a) is required to carry out that work, and
(b) to that extent, is bound by the order in the same way as the original trees owner (except as provided by this section).
(2) The successor in title is bound by the order only if the applicant for the order, or the immediate successor in title of the applicant who is entitled to the benefit of the order under section 16A, gives a copy of the order to the successor in title.
(3) For the purposes of this section the specified period within which the work is required to be carried out under the order is taken to commence from the date on which the copy of the order is given to the successor in title.
s 16: Am 2010 No 27, Sch 1 [13] [14].
16A
Immediate successor in title to benefit from certain tree orders
16A Immediate successor in title to benefit from certain tree orders
16A Immediate successor in title to benefit from certain tree orders
If the Court makes an order under Part 2 in relation to a tree that has caused, or is causing, damage to the applicant’s property, or is likely to cause injury to any person, a person who is the immediate successor in title to the applicant is entitled to the same benefits and rights as the applicant in respect of the order.
s 16A: Ins 2010 No 27, Sch 1 [15].
17
Carrying out of work by local council
17 Carrying out of work by local council
17 Carrying out of work by local council
(1) If the Court has made an order under Part 2 or 2A requiring the owner of land on which a tree is situated to carry out work in relation to the tree within a specified period, a person authorised by the council of the local government area in which the tree is situated (an authorised person) may enter the land for the purpose of either or both of the following—
(a) ascertaining whether the owner has carried out the work in accordance with the order,
(b) carrying out the work if the owner has failed to carry out the work in accordance with the order.
(2) An authorised person may enter land under this section only if the applicant for the order concerned has requested the council to act under this section.
(3) Before an authorised person enters land under this section, the council must give the owner of the land written notice of the intention to enter the land.
(4) The notice must specify the day on which the authorised person intends to enter the land and must be given before that day.
(5) This section does not require notice to be given—
(a) if entry to the land is made with the consent of the owner of the land, or
(b) if entry to the land is required because of the existence or reasonable likelihood of a serious risk to safety, or
(c) if entry is required urgently and the case is one in which the general manager of the council has authorised in writing (in the particular case) entry without notice.
(6) An authorised person may not enter or inspect, or carry out work on, land under this section unless the authorised person is in possession of an authority and produces the authority if required to do so by the owner of the land.
(7) The authority must be a written authority that is issued by the council and that—
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the land to which the authority applies, and
(d) states that the person has the power to enter the land and states either or both of the following—
(i) that entry to the land is required for the purpose of ascertaining whether the owner has carried out work in accordance with an order under Part 2 or 2A of this Act,
(ii) that the person has the power to carry out work in accordance with such an order, and
(e) identifies this section as the source of the powers referred to in paragraph (d), and
(f) states the date (if any) on which it expires, and
(g) bears the signature of the general manager of the council.
(8) The council may recover, in a court of competent jurisdiction, the following from a person who is bound by an order under Part 2 or 2A—
(a) the reasonable costs of carrying out work under this section,
(b) the amount prescribed by the regulations as the administrative cost for arranging the carrying out of work under this section.
s 17: Am 2010 No 27, Sch 1 [16]–[18].
17A
Registration of judgment debt as charge on land
17A Registration of judgment debt as charge on land
17A Registration of judgment debt as charge on land
(1) The council may, after obtaining an order of a court in proceedings against an owner of land for the recovery of costs in accordance with section 17 (8), apply to the Registrar-General for registration of the order in relation to that land.
(2) An application under this section must define the land to which it relates.
(3) The Registrar-General must, on application under this section and lodgment of the court order, register the order in relation to the land in such manner as the Registrar-General thinks fit.
(4) There is created by force of this section, on the registration of the order, a charge on the land in relation to which the order is registered to secure the payment to the council of the amount payable under the order.
(5) Such a charge ceases to have effect in relation to the land—
(a) if the council certifies in writing that the amount payable under the order has been paid to the council or that the council has otherwise agreed to the cancellation of the charge—on registration of the cancellation of the charge by the Registrar-General, or
(b) on the sale or other disposition of the property with the consent of the council, or
(c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,
whichever first occurs.
(6) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered and, in the case of land under the provisions of the Real Property Act 1900, is subject to every prior mortgage, lease or other interest recorded in the Register kept under that Act.
(7) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (5).
(8) If—
(a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and
(b) the charge is so registered,
a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (5), taken to have notice of the charge.
(9) If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
(10) A council that makes an application under this section for registration of a court order may, by notice in writing, require the person against whom the order was made to pay all or any of the reasonable costs and expenses incurred by the council in respect of the registration of the court order. The council may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction.
(11) In this section, a reference to an order of a court includes a reference to a judgment of a court.
s 17A: Ins 2010 No 27, Sch 1 [19].
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
18
Rights under other Acts or laws
18 Rights under other Acts or laws
18 Rights under other Acts or laws
Except as provided by section 5, nothing in this Act affects the rights that a person has under any other Act or law to interfere with any tree that is not owned by the person.
Note.
For example, under the Access to Neighbouring Land Act 2000, the Local Court may make a neighbouring land access order that authorises an owner of land to access, and carry out work on, adjoining land for any of the following purposes—
(a) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,
(b) replacing any hedge, tree or shrub,
(c) removing, felling, cutting back or treating any hedge, tree or shrub.
By way of another example, under the Electricity Supply Act 1995, an electricity network operator may, in certain circumstances, trim or remove a tree if the operator has reasonable cause to believe that the tree—
(a) could destroy, damage or interfere with its electricity works, or
(b) could make its electricity works become a potential cause of bush fire or a potential risk to public safety.
s 18: Am 2007 No 94, Sch 2.
19
Act to bind Crown
19 Act to bind Crown
19 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
20
Regulations
20 Regulations
20 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
21
Savings, transitional and other provisions
21 Savings, transitional and other provisions
21 Savings, transitional and other provisions
Schedule 1 has effect.
22
22
22 (Repealed)
23
Review of Act
23 Review of Act
23 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 21)
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Rep 2007 No 27, Sch 5.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Trees (Disputes Between Neighbours) Act 2006.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
council has the same meaning as it has in the Local Government Act 1993.
Crown land has the same meaning as it has in the Crown Land Management Act 2016.
interfere with a tree includes cut down, fell, remove, kill, destroy, poison, ringbark, uproot or burn a tree or any part of a tree (including its roots).
owner of land includes the occupier of the land.
the Court means the Land and Environment Court.
tree includes any woody perennial plant, any plant resembling a tree in form and size, and any other plant prescribed by the regulations.
window includes a glass sliding door, a door with a window, a skylight and any other similar thing.
(1A) For the purposes of this Act—
(a) a reference to land within a zone designated “rural-residential” includes a reference to land within a “large lot residential” land use zone, and
(b) a reference to land within a particular designated zone includes a reference to land within any zone prescribed by the regulations as a zone equivalent to that particular designated zone but does not include a reference to land within any zone prescribed by the regulations as a zone that is not equivalent to that particular designated zone.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2010 No 27, Sch 1 [1] [2]; 2017 No 17, Sch 4.99.
4 Act applies to trees on certain land
4 Act applies to trees on certain land
4 Act applies to trees on certain land
(1) This Act applies only to trees situated on the following land—
Both Parts are conditioned by preliminary filters. An applicant must have made a reasonable effort to reach agreement with the tree or hedge owner (ss 10(1)(a), 14E(1)(a)). Notice must be given to the tree owner, any relevant consent authority and other affected persons at least 21 days before hearing unless waived (ss 8, 14C). The Act’s territorial reach is limited: it applies only to trees on land zoned residential, rural-residential (including large-lot residential), village, township, industrial or business, or land of equivalent character or prescribed by regulation (s 4(1)). It does not apply to trees on council-managed land or other prescribed land (s 4(2)). A tree is “situated on” land if it is wholly or principally there; even if removed after damage, it is still treated as having been on that land for the purposes of the application (s 4(3)–(4)).
The legislation deliberately displaces common-law nuisance for the matters it covers. Section 5 provides that no action may be brought in nuisance for damage caused by a tree to which Part 2 applies or for obstruction of sunlight or views by trees to which Part 2A applies. However, s 18 expressly preserves rights under other statutes (for example, neighbouring-land access orders under the Access to Neighbouring Land Act 2000 or vegetation management powers under the Electricity Supply Act 1995).
Enforcement mechanisms are robust. Failure to comply with a Court order carries a maximum penalty of 1,000 penalty units and may be prosecuted in the Court’s summary jurisdiction (s 15). Orders bind successors in title once a copy is served, with the time for compliance restarting from the date of service (s 16). Local councils may enter land to inspect compliance or carry out work if the owner fails to do so, recover reasonable costs plus an administrative charge, and register unpaid judgment debts as a charge on the land under the Real Property Act 1900 (ss 17, 17A).
Throughout, the statute requires the Court to balance arboricultural, environmental, heritage and amenity values. Sections 12 and 14F each contain lengthy, non-exhaustive checklists that the Court must consider before determining an application. These range from the tree’s location relative to the boundary, its historical or scientific value, contribution to biodiversity, soil stability and scenic amenity, through to the impact of pruning, any contribution by the applicant’s own trees or conduct, and “such other matters as the Court considers relevant”.
In short, the Act creates a self-contained, specialist, discretionary jurisdiction that channels neighbour tree disputes into a single forum, imposes procedural pre-conditions, mandates a structured weighing of competing interests, overrides certain planning and heritage consent requirements for the limited purpose of its orders (s 6(3)), and supplies practical enforcement tools while preserving other statutory rights.
Who it affects
The primary addressees are owners (including occupiers—s 3(1)) of neighbouring land parcels in designated urban and quasi-urban zones. An “affected land owner” may initiate proceedings under either Part 2 or Part 2A. Conversely, the owner of land on which the tree or hedge is situated is the necessary respondent and the person upon whom most obligations fall.
Because “owner of land includes the occupier”, tenants and other lawful occupiers can be both applicants and respondents. The definition is functional rather than technical; it captures whoever has day-to-day control sufficient to carry out or permit works.
Local councils and the Heritage Council are given express rights of appearance where, absent s 6(3), their consent would be required under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977 (ss 13, 14G). Councils are further empowered to carry out works in default, recover costs, register charges and enforce payment (ss 17, 17A). They therefore occupy a hybrid role: potential interveners, enforcement agents and cost-recovery creditors.
Successors in title are directly affected. An order requiring work on a tree or hedge binds an immediate successor once a copy of the order is given to them; the compliance period restarts from the date of receipt (s 16). Conversely, an immediate successor in title to an successful Part 2 applicant inherits the benefit of the order (s 16A). These provisions ensure that the Court’s orders run with the land rather than evaporating on sale.
Broader classes of persons may be swept in. Section 8(1)(c) and s 14C(1)(c) require an applicant to notify “any other person the applicant has reason to believe will be affected by the order”. That could include mortgagees, lessees, or owners of other neighbouring lots whose amenity or title would be impacted by removal of a prominent landscape tree.
Crown land is largely excluded. Part 2A expressly does not apply to trees on Crown land (s 14A(2)), and the general application provision carves out land vested in or managed by a council (s 4(2)(a)). The Act nevertheless binds the Crown in right of New South Wales and, so far as legislative power permits, in all other capacities (s 19).
Finally, the legislation affects arborists, consultants and expert witnesses. The detailed mandatory considerations in ss 12 and 14F mean that evidence going to biodiversity, soil stability, heritage value, solar geometry, leaf seasonality and view corridors is routinely required. Professional advisers who fail to alert clients to these statutory criteria risk negligence claims.
Key duties and rights
Rights of affected owners
An owner whose property is damaged or threatened by a neighbour’s tree has the right to apply for remedial, restraining or preventive orders (s 7). In hedge cases the right arises only where the obstruction is “severe” and the balancing test in s 14E(2)(b) is satisfied. Both classes of applicant enjoy a statutory entitlement to have the Court consider a structured list of factors that expressly includes the applicant’s own conduct and the contribution of the applicant’s own trees (ss 12(h)(i), 14F(m)).
Successful applicants may be authorised by the Court to enter the respondent’s land to carry out work or obtain quotations (ss 9(2)(g), 14D(2)(g)). They can also seek compensation for past damage under Part 2 (s 9(2)(i)) although not under Part 2A.
Duties of tree or hedge owners
The owner of the land on which the tree or hedge stands must be given at least 21 days’ notice of any application and of the orders sought (ss 8, 14C). If an order is made, that owner (and, after service, any successor) is under a strict duty to comply (s 15). The maximum penalty of 1,000 penalty units signals the seriousness with which Parliament views non-compliance.
Tree owners also have a statutory right to be heard on the full range of discretionary matters in ss 12 and 14F, including the tree’s contribution to privacy, heritage, biodiversity and public amenity. They may resist orders by demonstrating that the applicant’s own acts or omissions were the real cause of damage or that less intrusive solutions (such as targeted pruning) are available.
Rights and duties of consent authorities
Local councils and the Heritage Council may appear as of right where their consent would otherwise be required (ss 13, 14G). They are entitled to receive a copy of every substantive order (ss 14, 14H). Councils additionally possess enforcement powers that are independent of the original applicant: they may enter land after notice (or without notice in emergencies), carry out the ordered work, recover costs on a debt action and register the debt as a charge on the title (ss 17, 17A).
Mutual duties of neighbours
Both parties are under an implicit duty to attempt reasonable negotiation before litigation. The Court must be satisfied of a “reasonable effort to reach agreement” before it can make orders (ss 10(1)(a), 14E(1)(a)). This has been interpreted in the case law as requiring genuine attempts at mediation or direct discussion rather than perfunctory letters.
The Act also imposes a duty on applicants to notify all persons they have reason to believe will be affected (ss 8(1)(c), 14C(1)(c)). Failure to do so may result in adjournment or costs orders.
Penalties and enforcement
The principal sanction is criminal. Section 15(1) creates a strict-liability offence of failing to comply with any requirement imposed by an order under Part 2 or 2A. The maximum penalty of 1,000 penalty units (currently $110,000 for a natural person, five times that for a corporation) is among the highest fixed penalties in New South Wales summary jurisdiction. Proceedings are brought in the Land and Environment Court’s Class 5 jurisdiction.
Civil enforcement is equally potent. If an owner fails to comply, the council may, at the request of the original applicant, enter the land after giving written notice (or without notice in safety or urgent cases), carry out the work itself and recover reasonable costs plus a prescribed administrative charge (s 17(8)). That debt can be registered as a judgment debt and, once registered, creates a statutory charge on the land (s 17A). The charge survives changes of ownership except in limited circumstances (sale to a bona-fide purchaser without notice, or cancellation after payment). For land under the Real Property Act 1900 the charge has no effect until registered.
Successors in title are bound once they receive a copy of the order; the compliance clock restarts on the date they are served (s 16(3)). This mechanism prevents vendors from evading obligations by selling before the work is done.
The Court itself may authorise the applicant to carry out the work and recover costs from the respondent (ss 9(2)(e)–(h), 14D(2)(f)–(h)). Costs orders can include the expense of obtaining quotations and entering land.
Because the offence under s 15 is summary, enforcement is relatively swift. The combination of criminal penalty, council self-help powers and registrable charge gives the regime real teeth. In practice, the mere threat of a council works order and a charge on title is often sufficient to secure compliance.
How it interacts with other laws
The Act is deliberately situated within a web of planning, environmental and property statutes.
Most significantly, s 6(3) provides that an order under Part 2 or 2A has effect despite any requirement for development consent or heritage authorisation under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977. This statutory override is limited to the specific work authorised by the Court order; it does not confer a general exemption from planning controls. Subsection (1) otherwise preserves the need for any other consents that may be required.
Section 12(b) and s 14F(d) require the Court to consider whether, absent the s 6(3) override, consent would have been needed and whether it has in fact been obtained. The Court therefore still evaluates the planning merits but is not bound by refusal of consent.
The Act carves itself out of the common-law nuisance regime (s 5). This pre-emption is not total: s 18 expressly states that, except for s 5, nothing in the Act affects rights under any other Act or law to interfere with a tree not owned by the person. The note to s 18 gives examples: neighbouring-land access orders under the Access to Neighbouring Land Act 2000 for inspection or removal of dangerous trees, and electricity-operator powers under the Electricity Supply Act 1995 to trim trees interfering with power lines.
Interaction with native vegetation laws is addressed in s 12(b1), which requires the Court to consider whether interference would have required approval under the (now repealed) Native Vegetation Act 2003 but for the legislative exclusion in s 25(t) of that Act. Although that statute has been replaced, the principle of considering broader environmental approval pathways remains relevant under the “such other matters” limb of ss 12(j) and 14F(s).
The definition of “council” imports the meaning given in the Local Government Act 1993, and “Crown land” takes its meaning from the Crown Land Management Act 2016 (s 3(1)). Zone definitions are tied to environmental planning instruments made under the Environmental Planning and Assessment Act 1979 (s 4(1)(a)), with a regulation-making power to deem zones equivalent or non-equivalent (s 3(1A)).
Successor-in-title provisions interact with conveyancing and title-registration law. Registration of a s 17A charge engages the Real Property Act 1900 priority rules; the charge is subject to all prior registered interests but binds subsequent purchasers with notice.
Finally, the Act binds the Crown (s 19) but excludes Crown land from the hedge jurisdiction (s 14A(2)) and council-managed land from the entire Act (s 4(2)(a)). This produces the curious result that a private neighbour of Crown land may have no statutory remedy under this Act for a blocking hedge, though common-law or other statutory avenues may remain.
Recent changes and why
The most substantial change since enactment was the insertion of Part 2A in 2010 to deal with high-hedge disputes. Prior to that amendment the Act was confined to trees causing damage or injury. Experience demonstrated that many neighbour disputes concerned loss of amenity—particularly loss of sunlight or views—rather than physical damage. The 2010 reforms responded by creating a tailored regime with a higher threshold (“severe” obstruction), an explicit balancing test weighing the applicant’s interest against the undesirability of interference (s 14E(2)(b)), and a different menu of orders that excludes compensation.
Procedural provisions were mirrored (notice under s 14C, mandatory considerations under s 14F) but adjusted to the new subject matter: the Court must now consider whether the trees existed before the dwelling was built, whether they grew to 2.5 m during the applicant’s ownership, the number of hours of sunlight lost at different times of year, leaf seasonality, and the nature and extent of any remaining view (s 14F(b), (c), (o), (p), (q)).
Enforcement provisions were adjusted to differentiate between “original owner” and “original trees owner” (s 16(1) and (1A)), reflecting that hedge orders often require ongoing maintenance rather than one-off removal.
Subsequent amendments have been largely technical. Updates to cross-referenced statutes (for example, replacement of the Crown Lands Act 1989 with the Crown Land Management Act 2016) have been reflected in the definitions. The penalty for non-compliance remains 1,000 penalty units, signalling continued legislative commitment to strong enforcement. The review clause in s 14I required a two-year post-commencement review of Part 2A; that exercise confirmed the policy settings and led to only minor refinements rather than wholesale repeal.
The changes reflect a legislative judgment that neighbour amenity disputes deserve a low-cost, specialist forum that balances private interests against public values of urban greenery, biodiversity and heritage. By expanding the Act rather than creating a separate statute, Parliament maintained procedural consistency while recognising the distinct character of hedge disputes.
Court challenges and controversies
The Act has generated a substantial body of Land and Environment Court jurisprudence, much of it turning on the meaning of “likely in the near future”, “severe obstruction” and the weight to be given to the s 12 and s 14F factors.
Early challenges tested the jurisdictional gateways. In several matters respondents argued that damage caused by roots was not “as a consequence of a tree” where soil desiccation or structural defects were also at play. The Court has consistently held that the tree need only be a substantial cause; it need not be the sole cause (s 10(2) read with s 12(h)).
The phrase “likely in the near future” has been interpreted as requiring a real chance or possibility within a period of roughly 12 months, although the Court retains flexibility. Expert arboricultural evidence is almost invariably required.
Hedge litigation has been particularly contentious. Applicants frequently underestimate the “severe” threshold; the Court has emphasised that minor or seasonal reduction in light or a partially obscured view will not suffice. The balancing test in s 14E(2)(b) has produced divergent outcomes: a hedge that provides the only privacy between two tightly spaced dwellings is more likely to survive than one planted purely for spite.
Heritage and biodiversity controversies arise regularly. Where a tree is listed on a heritage register or forms part of a significant ecological corridor, the Court has on occasion refused removal even where minor structural damage is occurring, preferring root barriers or engineering solutions. Conversely, where an applicant can demonstrate that the tree’s contribution to amenity is negligible and the damage is escalating, removal has been ordered notwithstanding biodiversity objections.
Controversy also surrounds costs. Although the Court has a general costs discretion, the usual practice is that each party bears its own costs unless the proceedings were frivolous or there has been unreasonable conduct. This “no costs” presumption is designed to encourage negotiated outcomes but has been criticised by some practitioners as leaving successful applicants out of pocket for expert reports that can cost many thousands of dollars.
Procedural disputes over notice under ss 8 and 14C have led to adjourned hearings and, on occasion, costs orders against applicants who failed to notify mortgagees or other interested parties. The 2025 amendments to those sections appear directed at streamlining the Court’s power to waive or vary notice requirements.
Overall, the jurisprudence demonstrates a Court that is pragmatic, evidence-driven and conscious of the legislative purpose of providing accessible relief while protecting urban tree canopy.
Gotchas
Most practitioners underestimate the evidentiary burden imposed by the mandatory consideration lists. It is not enough to file an arborist’s report addressing only safety; a separate ecologist or heritage consultant may be required if the tree has ecological or cultural value. Failure to lead evidence on each relevant s 12 or s 14F factor can result in the application being dismissed even where damage is clear.
The “reasonable effort to reach agreement” precondition is more onerous than many realise. A single letter before action will rarely suffice. The Court looks for evidence of genuine negotiation—offers to share costs of pruning, mediation attendance, or proposals for alternative solutions. An applicant who records only perfunctory attempts risks jurisdictional dismissal.
Successors in title are often caught unaware. A purchaser who obtains a standard building and pest inspection may never learn of an unregistered Court order. Yet once the purchaser is given a copy of the order they become personally liable to carry out works that may cost tens of thousands of dollars. Vendors are not required to disclose such orders in a standard contract unless the order has been registered as a charge. Caveat emptor applies with a vengeance.
Hedge applicants frequently misjudge the “severe obstruction” test. The Court has rejected applications where a hedge blocks winter morning sun but permits adequate light for the rest of the day, or where a view is partially filtered rather than eliminated. The balancing test is not a simple “my amenity versus your tree” exercise; public-interest factors such as contribution to the local ecosystem are given real weight.
Council enforcement is not automatic. A successful applicant cannot simply demand that the council carry out works; the applicant must request the council to act. Councils, facing resource constraints, may decline or impose conditions. The administrative charge recoverable under s 17(8)(b) is prescribed by regulation and can add thousands to the final bill.
Finally, the interaction with planning law contains a trap. Although s 6(3) overrides the need for development consent for the specific works ordered, any additional works (for example, removal of additional trees not covered by the order) will still require consent. Applicants who obtain a Court order for removal of one tree sometimes assume they can clear the entire boundary; doing so can expose them to separate enforcement action by the council.
How to comply
Compliance begins before any dispute crystallises. Property owners should maintain a watching brief on boundary trees and hedges. Regular arboricultural inspections every two to three years can identify incipient problems (root damage, canopy imbalance, disease) before they trigger statutory rights.
When a neighbour raises a concern, the prudent response is to engage early. A genuine attempt to agree—documented by correspondence, joint expert meetings or mediation—satisfies the jurisdictional precondition and often resolves the matter without litigation. Offering to share the cost of a qualified arborist report demonstrates reasonableness.
If proceedings are commenced, the respondent should file evidence addressing every mandatory consideration in s 12 or s 14F that is relevant. Retaining a consulting arborist, ecologist or heritage architect early is essential. Mere assertion that the tree is “beautiful” will not suffice; quantifiable evidence of its contribution to biodiversity, scenic value or privacy is required.
Where an order is made, strict compliance with its terms is mandatory. Time limits are strictly enforced; if works cannot be completed within the specified period, an application should be made to vary the order before the deadline expires. Failure to comply exposes the owner to prosecution, council works orders and a charge on title that can frustrate future sales.
Purchasers and their solicitors must treat tree disputes as a conveyancing risk. Standard requisitions on title should ask whether any application has been made or order made under the Act. A copy of any order should be obtained and served on the purchaser at settlement so that the time for compliance restarts and the purchaser is not caught by an expired deadline. Where possible, negotiate a retention or indemnity from the vendor.
Councils receiving a request to enforce under s 17 should obtain a copy of the Court order, confirm it remains current, and give the statutory notice before entry. Accurate records of costs (including staff time, contractor invoices and the prescribed administrative charge) are essential if recovery action is contemplated. Registration of the charge under s 17A should be undertaken promptly; until registered against Torrens title land it has no effect.
Finally, all parties should keep the broader statutory context in mind. Even after a Court order is obtained and complied with, other obligations under planning instruments, heritage listings or biodiversity laws may continue. The Act is not a universal shield; it is a targeted dispute-resolution mechanism that operates within, rather than outside, the wider regulatory landscape.
(a) any land within a zone designated “residential”, “rural-residential”, “village”, “township”, “industrial” or “business” under an environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979) or, having regard to the purpose of the zone, having the substantial character of a zone so designated,
(b) any land of a kind prescribed by the regulations for the purposes of this section.
(2) This Act does not apply to trees situated on—
(a) any land that is vested in, or managed by, a council, or
(b) any land of a kind prescribed by the regulations.
(3) For the purposes of this Act, a tree is situated on land if the tree is situated wholly or principally on the land.
(4) Without limiting subsection (3), a tree that is removed following damage or injury that gave rise to an application under Part 2 is still taken to be situated on land for the purposes of the application if the tree was situated wholly or principally on the land immediately before the damage or injury occurred.
s 4: Am 2010 No 27, Sch 1 [3] [4].
5 Action in nuisance
5 Action in nuisance
5 Action in nuisance
No action may be brought in nuisance as a result of damage caused by a tree to which Part 2 applies or as a result of an obstruction of sunlight to the window of a dwelling, or of a view from a dwelling, caused by trees to which Part 2A applies.
s 5: Am 2010 No 27, Sch 1 [5].
6 Authorisation of work or activity regulated by or under other Act
6 Authorisation of work or activity regulated by or under other Act
6 Authorisation of work or activity regulated by or under other Act
(1) Except as provided by subsection (3), an order under Part 2 or 2A does not authorise or require a person—
(a) to carry out any work or engage in any activity for which a consent or other authorisation must be obtained under any other Act without that consent or authorisation, or
(b) to carry out any work or engage in any activity that is prohibited by or under any other Act.
(2) Except as provided by subsection (3), a person may not apply to the Court for an order under Part 2 or 2A if the carrying out of the work or engagement in the activity concerned is prohibited by or under another Act.
(3) An order under Part 2 or 2A has effect despite any requirement that would otherwise apply for a consent or other authorisation in relation to the tree concerned to be obtained under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977.
s 6: Am 2010 No 27, Sch 1 [6].
Part 2 Court orders—trees that cause or are likely to cause damage or injury
Part 2 Court orders—trees that cause or are likely to cause damage or injury
Part 2 Court orders—trees that cause or are likely to cause damage or injury
pt 2, hdg: Am 2010 No 27, Sch 1 [7].
7 Application to Court by affected land owner
7 Application to Court by affected land owner
7 Application to Court by affected land owner
An owner of land may apply to the Court for an order to remedy, restrain or prevent damage to property on the land, or to prevent injury to any person, as a consequence of a tree to which this Act applies that is situated on adjoining land.
8 Notice of application for order to be given to owners of affected land
8 Notice of application for order to be given to owners of affected land
8 Notice of application for order to be given to owners of affected land
(1) An applicant for an order under this Part must give notice of the lodging of the application and the terms of any order sought at least 21 days before a hearing in relation to the application to—
(a) the owner of the land on which the tree is situated, and
(b) any relevant authority that would, in accordance with section 13, be entitled to appear in proceedings in relation to the tree, and
(c) any other person the applicant has reason to believe will be affected by the order.
(2) The Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.
(3) The Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.
s 8: Am 2025 No 15, Sch 9[1].
9 Jurisdiction to make orders
9 Jurisdiction to make orders
9 Jurisdiction to make orders
(1) The Court may make such orders as it thinks fit to remedy, restrain or prevent damage to property, or to prevent injury to any person, as a consequence of the tree the subject of the application concerned.
(2) Without limiting the powers of the Court to make orders under subsection (1), an order made under that subsection may—
(a) require the taking of specified action to remedy damage to property, or
(b) require the taking of specified action to restrain or prevent damage or, if damage has already occurred, further damage, to property, or
(c) require the taking of specified action to prevent injury to any person, or
(d) require the making of an application to obtain any consent or other authorisation referred to in section 6 (1) (a), or
(e) authorise the applicant concerned to take specified action to remedy, restrain or prevent damage or (if damage has already occurred) further damage to property, or
(f) authorise the applicant concerned to take specified action to prevent injury to any person, or
(g) authorise land to be entered for the purposes of carrying out an order under this section (including for the purposes of obtaining quotations for the carrying out of work on the land), or
(h) require the payment of costs associated with carrying out an order under this section, or
(i) require the payment of compensation for damage to property, or
(j) require the replacement of a tree that the Court orders to be removed and for the new tree to be maintained to a mature growth.
10 Matters of which Court must be satisfied before making an order
10 Matters of which Court must be satisfied before making an order
10 Matters of which Court must be satisfied before making an order
(1) The Court must not make an order under this Part unless it is satisfied—
(a) that the applicant has made a reasonable effort to reach agreement with the owner of the land on which the tree is situated, and
(b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 8.
(2) The Court must not make an order under this Part unless it is satisfied that the tree concerned—
(a) has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property, or
(b) is likely to cause injury to any person.
11
11 (Repealed)
11
s 11: Am 2009 No 9, Sch 3.14 [1] [2]; 2010 No 27, Sch 1 [8]; 2013 No 95, Sch 8.19.
12 Matters to be considered by Court
12 Matters to be considered by Court
12 Matters to be considered by Court
Before determining an application made under this Part, the Court is to consider the following matters—
(a) the location of the tree concerned in relation to the boundary of the land on which the tree is situated and any premises,
(b) whether interference with the tree would, in the absence of section 6 (3), require any consent or other authorisation under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977 and, if so, whether any such consent or authorisation has been obtained,
(b1) whether interference with the trees would, in the absence of section 25 (t) (Legislative exclusions) of the Native Vegetation Act 2003, require approval under that Act,
(b2) the impact any pruning (including the maintenance of the tree at a certain height, width or shape) would have on the tree,
(b3) any contribution of the tree to privacy, landscaping, garden design, heritage values or protection from the sun, wind, noise, smells or smoke or the amenity of the land on which it is situated,
(c) whether the tree has any historical, cultural, social or scientific value,
(d) any contribution of the tree to the local ecosystem and biodiversity,
(e) any contribution of the tree to the natural landscape and scenic value of the land on which it is situated or the locality concerned,
(f) the intrinsic value of the tree to public amenity,
(g) any impact of the tree on soil stability, the water table or other natural features of the land or locality concerned,
(h) if the applicant alleges that the tree concerned has caused, is causing, or is likely in the near future to cause, damage to the applicant’s property—
(i) anything, other than the tree, that has contributed, or is contributing, to any such damage or likelihood of damage, including any act or omission by the applicant and the impact of any trees owned by the applicant, and
(ii) any steps taken by the applicant or the owner of the land on which the tree is situated to prevent or rectify any such damage,
(i) if the applicant alleges that the tree concerned is likely to cause injury to any person—
(i) anything, other than the tree, that has contributed, or is contributing, to any such likelihood, including any act or omission by the applicant and the impact of any trees owned by the applicant, and
(ii) any steps taken by the applicant or the owner of the land on which the tree is situated to prevent any such injury,
(j) such other matters as the Court considers relevant in the circumstances of the case.
s 12: Am 2010 No 27, Sch 1 [9].
13 Appearance by local council or Heritage Council
13 Appearance by local council or Heritage Council
13 Appearance by local council or Heritage Council
A local council or the Heritage Council (a relevant authority) may appear before the Court in any proceedings under this Part in relation to a tree if the consent or other authorisation of the relevant authority to interfere with the tree would be required, in the absence of section 6 (3), under the Environmental Planning and Assessment Act 1979 or the Heritage Act 1977.
14 Court to provide copy of order to local council and Heritage Council
14 Court to provide copy of order to local council and Heritage Council
14 Court to provide copy of order to local council and Heritage Council
The Court must provide a copy of any order it makes under this Part (other than an order dismissing an application) to—
(a) the council of the local government area in which the tree is situated, and
(b) the Heritage Council if the Heritage Council appeared in the proceedings concerned under section 13.
s 14: Am 2010 No 27, Sch 1 [10].
Part 2A Court orders—high hedges that obstruct sunlight or views
Part 2A Court orders—high hedges that obstruct sunlight or views
Part 2A Court orders—high hedges that obstruct sunlight or views
pt 2A: Ins 2010 No 27, Sch 1 [11].
14A Application of Part
14A Application of Part
14A Application of Part
(1) This Part applies only to groups of 2 or more trees that—
(a) are planted (whether in the ground or otherwise) so as to form a hedge, and
(b) rise to a height of at least 2.5 metres (above existing ground level).
(2) Despite section 4, this Part does not apply to trees situated on Crown land.
s 14A: Ins 2010 No 27, Sch 1 [11]. Am 2015 No 2, Sch 4.6.
14B Application to Court by affected land owner
14B Application to Court by affected land owner
14B Application to Court by affected land owner
An owner of land may apply to the Court for an order to remedy, restrain or prevent a severe obstruction of—
(a) sunlight to a window of a dwelling situated on the land, or
(b) any view from a dwelling situated on the land,
if the obstruction occurs as a consequence of trees to which this Part applies being situated on adjoining land.
s 14B: Ins 2010 No 27, Sch 1 [11].
14C Notice of application for order to be given to owners of affected land
14C Notice of application for order to be given to owners of affected land
14C Notice of application for order to be given to owners of affected land
(1) An applicant for an order under this Part must give notice of the lodging of the application and the terms of any order sought at least 21 days before a hearing in relation to the application to—
(a) the owner of the land on which the trees are situated, and
(b) any relevant authority that would, in accordance with section 14G, be entitled to appear in proceedings in relation to the trees, and
(c) any other person the applicant has reason to believe will be affected by the order.
(2) The Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.
(3) The Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.
s 14C:
This is an opening excerpt, not the complete document.