Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 57

57 Notice for particular overhanging branches

(1) This section applies in relation to each of the overhanging branches—

(a) only if the branch extends to a point over the neighbour’s land that is at least 50cm from the common boundary; and

(b) only to the extent the branch is 2.5m or less above the ground.

(2) The neighbour may give a written notice to the tree-keeper asking the tree-keeper to cut and remove the overhanging branches.

(3) The notice must—

(a) state a time of at least 30 days after the day the notice is given by which the branches are to be cut and removed; and

(b) ask the tree-keeper to give the neighbour a written notice, no later than the day before anyone enters the neighbour’s land to cut and remove the branches, that states—

(i) the person who will cut and remove the overhanging branches; and

(ii) the day on which the work will be carried out; and

(c) give permission to the tree-keeper or the tree-keeper’s contractor to enter the neighbour’s land on the day advised under paragraph (b) , between 8.00a.m. and 5.00p.m., to cut and remove the branches; and

Notes—

1 It is the neighbour’s responsibility to consider public liability insurance before giving a person permission to enter the neighbour’s land.

2 It is the tree-keeper’s responsibility to consider a contractor’s insurance before engaging a contractor to carry out work on a tree.

(d) be accompanied by—

(i) at least 1 written quotation stating the estimated cost of the work; and

(ii) a copy of this part.

(4) Permission under subsection (3) (c) does not authorise entry to a dwelling on the neighbour’s land.

(5) The neighbour may not give the notice if the neighbour has given another notice under subsection (2) within the previous 12 months (for any tree) to—

(a) the tree-keeper; or

(b) anyone else who is also a tree-keeper for the tree with the overhanging branches mentioned in subsection (1) .