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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 73
General matters to consider
73 General matters to consider
(1) QCAT must consider the following matters— (a) the location of the tree
in relation to the boundary of the land on which the tree is situated and any
premises, fence or other structure affected by the location of the tree;
(b)
whether carrying out work on the tree would require any consent or other
authorisation under another Act and, if so, whether the consent or
authorisation has been obtained;
(c) whether the tree has any historical,
cultural, social or scientific value;
(d) any contribution the tree makes to
the local ecosystem and to biodiversity;
(e) any contribution the tree makes
to the natural landscape and the scenic value of the land or locality;
(f)
any contribution the tree makes to public amenity;
(g) any contribution the
tree makes to the amenity of the land on which it is situated, including its
contribution relating to privacy, landscaping, garden design or protection
from sun, wind, noise, odour or smoke;
(h) any impact the tree has on soil
stability, the water table or other natural features of the land or locality;
(i) any risks associated with the tree in the event of a cyclone or other
extreme weather event;
(j) the likely impact on the tree of pruning it,
including the impact on the tree of maintaining it at a particular height,
width or shape;
(k) the type of tree, including whether the species of tree
is a pest or weed (however described) or falls under a similar category under
an Act or a local law.
(2) For subsection (1) (c) , the circumstances where a
tree has historical, cultural, social or scientific value include where the
tree— (a) is, or is part of, Aboriginal cultural heritage under the
Aboriginal Cultural Heritage Act 2003 ; or
(b) is, or is part of, Torres
Strait Islander cultural heritage under the
Torres Strait Islander Cultural Heritage Act 2003 ; or
(c) is, or is situated
in, a Queensland heritage place under the Queensland Heritage Act 1992 .
(3)
For this Act, no financial value or carbon trading value may be placed on a
tree.
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