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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 38
Application before unauthorised construction or demolition
38 Application before unauthorised construction or demolition
(1) If an owner believes on reasonable grounds that an adjoining owner intends
to construct or demolish a dividing fence without authorisation, the owner may
apply to QCAT for an order preventing the adjoining owner from constructing or
demolishing the dividing fence.
(2) The owner must give the adjoining owner a
copy of the application at least 1 day before the application is heard.
Note— Under the Acts Interpretation Act 1954 , section 38 (3) , if the day
before the application is heard falls on a day that is not a business day, the
last day for giving a copy of the application is taken to be the next earlier
business day.
(3) On application under this section, QCAT may make an order
preventing the adjoining owner from constructing or demolishing a dividing
fence.
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