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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011

- As at 3 July 2017
- Act 25 of 2011

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Relationship with other Acts or laws
   6.      Act binds all persons

CHAPTER 2 - DIVIDING FENCES

   PART 1 - INTRODUCTION

   7.      Overview
   8.      Application of chapter
   9.      Non-application of provisions to barrier of regulated pool
   10.     No effect on agreements or particular law

   PART 2 - INTERPRETATION

   11.     Meaning of fence
   12.     Meaning of dividing fence
   13.     Meaning of sufficient dividing fence
   14.     Meaning of owner for land
   15.     Meaning of adjoining owners and adjoining land
   16.     Meaning of fencing work
   17.     Meaning of authorisation
   18.     Meaning of agricultural land, pastoral land, prescribed rural land and residential land

   PART 3 - NEIGHBOURS’ RESPONSIBILITIES

   19.     Ownership of dividing fence
   20.     Liability for fencing work
   21.     Contribution between adjoining owners—generally
   22.     Contribution—parcel of prescribed rural land adjoining residential development
   23.     Contribution—prescribed land adjoining residential development
   24.     Liability of lessee
   25.     Contribution—particular State land
   26.     Contribution—negligent or deliberate act or omission
   27.     Attaching things to a dividing fence
   28.     Urgent fencing work
   29.     Agreement does not affect title or possession

   PART 4 - PROCESS FOR OBTAINING CONTRIBUTION AND RESOLVING DISPUTES

           Division 1 - Introduction

   30.     Overview

           Division 2 - Notice to contribute

   31.     Notice to contribute for fencing work
   32.     Notice to contribute for urgent fencing work

           Division 3 - Resolving disputes

   33.     Jurisdiction
   34.     Representation
   35.     Orders about carrying out fencing work
   36.     Sufficient dividing fence matters for QCAT consideration
   37.     Application for order in absence of adjoining owner

   PART 5 - PROCESS FOR DEALING WITH UNAUTHORISED CONSTRUCTION OR DEMOLITION

   38.     Application before unauthorised construction or demolition
   39.     Application after unauthorised construction or demolition

   PART 6 - PROCESS IF COMMON BOUNDARY NOT AGREED

   40.     Process if common boundary not agreed

CHAPTER 3 - TREES

   PART 1 - INTRODUCTION

   41.     Overview
   42.     Trees to which this chapter applies
   43.     Requirements under other laws
   44.     Action may be taken in relation to more than 1 tree

   PART 2 - INTERPRETATION

   45.     Meaning of tree
   46.     When is land affected by a tree
   47.     When is a tree situated on land
   48.     Who is a tree-keeper
   49.     Who is a neighbour
   50.     Meaning of work
   51.     Meaning of destroy

   PART 3 - RESPONSIBILITIES, LIABILITIES AND RIGHTS

   52.     Responsibilities of a tree-keeper
   53.     More than 1 tree-keeper
   54.     Common law right of abatement

   PART 4 - REMOVAL OF OVERHANGING BRANCHES

   55.     Application of this part
   56.     Overview
   57.     Notice for particular overhanging branches
   58.     Resolution by neighbour

   PART 5 - QCAT ORDERS TO RESOLVE OTHER ISSUES ABOUT TREES

           Division 1 - Preliminary

   59.     Application of this part
   60.     Overview
   61.     Jurisdiction

           Division 2 - Applying to QCAT

   62.     Neighbour may apply to QCAT
   63.     Giving a copy of an application

           Division 3 - Making an order

   64.     Government authority may appear
   65.     Requirements before order may be made
   66.     Orders QCAT may make
   67.     Scope of order to override other laws
   68.     Order in relation to a removed tree
   69.     Additional order if destruction or removal of tree ordered

           Division 4 - Matters for QCAT consideration

   70.     Application of div 4
   71.     Safety
   72.     Removal or destruction of living tree to be avoided
   73.     General matters to consider
   74.     Other matters to consider if serious injury or damage alleged
   75.     Other matters to consider if unreasonable interference alleged

           Division 5 - Matters following the making of an order

   76.     Copy of order to be given to government authority
   77.     Failure to comply with order
   78.     When order lapses or may be revoked

   PART 6 - REGISTER OF QCAT ORDERS

   79.     Register
   80.     Records to be kept by registrar
   81.     Entitlement to search register

   PART 7 - SALE OR PROPOSED SALE OF AFFECTED LAND

   82.     Definitions for pt 7
   83.     Person to give buyer copy of application or order
   84.     Consequences if copy of application given
   85.     Consequences if copy of order given
   86.     Consequences before transfer if copy of application or order not given
   87.     Consequences after transfer if copy of order not given

   PART 8 - ASSISTANCE FROM LOCAL GOVERNMENT

   88.     Local government may decide to carry out work
   89.     Requirements of notice of intention to enter land and notice of entry to land
   90.     Requirements of authority to enter land

CHAPTER 4 - GENERAL

   PART 1 - PROVISIONS OF GENERAL APPLICATION

   91.     Substantial compliance is adequate
   92.     Giving documents
   93.     Descriptions in notice
   94.     Right to enter land for work under this Act

   PART 2 - MISCELLANEOUS

   95.     Regulation-making power
   96.     Approved forms
   97.     Review of Act

CHAPTER 5 - TRANSITIONAL PROVISIONS

   98.     Notices, proceedings and orders under Dividing Fences Act 1953

CHAPTER 6 - REPEAL AND AMENDMENT OF THIS ACT AND OTHER ACTS

   PART 1 - REPEAL

   99.     Repeal of Dividing Fences Act 1953
           SCHEDULE - Dictionary


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