Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 67

67 Scope of order to override other laws

(1) If QCAT is satisfied the application before it was made because of a genuine dispute, it may make an order for a person to carry out work on a tree even though—

(a) consent is withheld by a local government or a tree-keeper under a vegetation protection order; or

(b) a local law requires a consent or authorisation to be given before the work may be carried out; or

(c) the work is otherwise restricted or prohibited under a local law.

(2) Work carried out under an order made under subsection (1) is lawful despite a local law.

(3) Except as provided under subsection (1) , QCAT may not make an order for a person to carry out work on a tree that is prohibited under another Act.

(4) In this section—

"local law" includes a by-law under the Economic Development Act 2012 .