Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 42

42 Trees to which this chapter applies

(1) Subject to subsections (2) to (5) , this chapter applies to trees on the following land—

(a) land recorded in the freehold land register;

(b) land the subject of a lease or licence under the Land Act 1994 ;

(c) land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ;

(d) land subject to a stock grazing permit under the Nature Conservation Act 1992 ;

(e) land contained in a reserve under the Land Act 1994 other than a reserve—

(i) for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or

(ii) dedicated under section 31 (1) (d) of that Act.

(2) A regulation may provide that this chapter, or a stated provision of this chapter, does not apply to trees situated on land within a stated local government area.

(3) This chapter does not apply to trees situated on—

(a) rural land; or

(b) a parcel of land that is more than 4 hectares; or

(c) land owned by a local government that is used as a public park; or

(d) land prescribed by regulation.

(4) This chapter does not apply to trees planted or maintained—

(a) for commercial purposes; or

(b) under an order of a court or tribunal; or

(c) as a condition of a development approval.

(5) To remove any doubt, it is declared that this chapter does not apply to trees situated on unallocated State land.