Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 41

41 Overview

(1) A tree-keeper is responsible for the proper care and maintenance of the tree-keeper’s tree.

Note—

The tree-keeper’s specific responsibilities are set out in section 52 .

(2) Generally, this chapter provides for the following ways in which a person may deal with an issue about a tree affecting the person’s land—

(a) part 3 deals with the person’s right under the common law to take action to abate a nuisance;

(b) part 4 provides for a remedy under which the person may—

(i) give a notice to the tree-keeper asking them to remove overhanging branches; and

(ii) if the work is not done, remove the branches and recover the cost from the tree-keeper;

(c) part 5 provides for the person to apply to QCAT for an order.