Queensland Consolidated Acts

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 74

74 Other matters to consider if serious injury or damage alleged

(1) If the neighbour alleges the tree has caused, is causing, or is likely to cause serious injury to any person, or serious damage to the neighbour’s land or property on the neighbour’s land, QCAT may consider—

(a) anything other than the tree that has contributed, or is contributing, to the injury or damage or likelihood of injury or damage, including any act or omission by the neighbour and the impact of any tree situated on the neighbour’s land; and

(b) any steps taken by the tree-keeper or the neighbour to prevent or rectify the injury or damage or the likelihood of injury or damage.

(2) In making an order under section 66 to carry out work that involves destroying a tree, QCAT may consider—

(a) how long the neighbour has known of the injury or damage; and

(b) any steps that have been taken by the tree-keeper or the neighbour to prevent further injury or damage; and

(c) anything other than the tree that may have caused, or contributed to, some or all of the injury or damage; and

(d) any other matter QCAT considers relevant.