Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 63

63 Giving a copy of an application

(1) At least 21 days before the day that the application is to be heard, the neighbour must give each of the following entities a copy of the application—

(a) the tree-keeper;

(b) any government authority that would be entitled to appear in proceedings in relation to the tree under section 64 ;

(c) any other person, including, for example, an occupier of the tree-keeper’s land, that the neighbour has reason to believe would be affected by the order;

(d) if the land affected by the tree is a lot recorded in the freehold land register and the neighbour is an occupier but not a registered owner of the land—each registered owner of the land.

(2) QCAT may—

(a) waive the requirement to give a copy of the application; or

(b) vary the minimum period before the hearing of the application by which the application must be given;

if it considers it appropriate in the circumstances.

Example—

QCAT considers that a tree poses an imminent threat of serious injury to a person or damage to the neighbour’s land or property on the neighbour’s land.