Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 48

48 Who is a tree-keeper

(1) The following person is the
"tree-keeper" for a tree—

(a) if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act;

(b) if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act;

(c) if the land on which the tree is situated is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit;

(d) if the land on which the tree is situated is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit;

(e) if the land on which the tree is situated is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme;

(f) if the land on which the tree is situated is common property comprised in a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan;

(g) if the land on which the tree is situated consists of all or part of a reserve under the Land Act 1994 other than a reserve mentioned in section 42 (1) (e) (i) or (ii) —the trustee of the reserve.

(2) Nothing in this chapter confers ownership of a tree.