Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 46

46 When is land affected by a tree

Land is
"affected by a tree" at a particular time if—

(a) any of the following applies—

(i) branches from the tree overhang the land;

(ii) the tree has caused, is causing, or is likely within the next 12 months to cause—

(A) serious injury to a person on the land; or

(B) serious damage to the land or any property on the land; or

(C) substantial, ongoing and unreasonable interference with the neighbour’s use and enjoyment of the land; and

(b) the land—

(i) adjoins the land on which the tree is situated; or

(ii) would adjoin the land on which the tree is situated if it were not separated by a road.