Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 65

65 Requirements before order may be made

QCAT may make an order under section 66 if it is satisfied of the following matters—

(a) the neighbour has made a reasonable effort to reach agreement with the tree-keeper;

(b) the neighbour has taken all reasonable steps to resolve the issue under any relevant local law, local government scheme or local government administrative process;

Note—

The relevant local government may have a scheme for dealing with ‘nuisance’ trees.

(c) to the extent the issue relates to the land being affected because branches from the tree overhang the land—

(i) the branches extend to a point over the neighbour’s land that is at least 50cm from the common boundary; and

(ii) the neighbour can not properly resolve the issue using the process under part 4 ;

(d) the neighbour has given the copies of the application under section 63 , other than to the extent the requirement to do so has been waived.