Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 66

66 Orders QCAT may make

(1) Division 4 states the matters for QCAT’s consideration in deciding an application for an order under this section.

(2) QCAT may make the orders it considers appropriate in relation to a tree affecting the neighbour’s land—

(a) to prevent serious injury to any person; or

(b) to remedy, restrain or prevent—

(i) serious damage to the neighbour’s land or any property on the neighbour’s land; or

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

(3) However, subsection (2) (b) (ii) applies to interference that is an obstruction of sunlight or a view only if—

(a) the tree rises at least 2.5m above the ground; and

(b) the obstruction is—

(i) severe obstruction of sunlight to a window or roof of a dwelling on the neighbour’s land; or

(ii) severe obstruction of a view, from a dwelling on the neighbour’s land, that existed when the neighbour took possession of the land.

(4) Despite the Property Law Act 1974 , section 178 , QCAT may make an order under subsections (2) (b) and (3) that is intended to result in the access of light to land.

(5) Without limiting the powers of QCAT to make orders under subsection (2) , an order may do any of the following—

(a) require or allow the tree-keeper or neighbour to carry out work on the tree on a particular occasion or on an ongoing basis;

Examples—

• an order that requires the removal of the tree within 28 days

• an order that requires particular maintenance work on the tree during a particular season every year

• an order that requires particular work to maintain the tree at a particular height, width or shape

(b) require that a survey be undertaken to clarify the tree’s location in relation to the common boundary;

(c) require a person to apply for a consent or other authorisation from a government authority in relation to the tree;

(d) authorise a person to enter the tree-keeper’s land to carry out an order under this section, including entering land to obtain a quotation for carrying out an order;

(e) require the tree-keeper or neighbour to pay the costs associated with carrying out an order under this section;

(f) require the tree-keeper to pay compensation to a neighbour for damage to the neighbour’s land or property on the neighbour’s land;

(g) require a report by an appropriately qualified arborist.

(6) In this section—

"window" includes a glass door, window forming part of a door, skylight or other similar thing.