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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SCHEDULE
SCHEDULE Dictionary
"adjoining land" , for chapter 2 , see section 15 .
"adjoining owners" , for chapter 2 , see section 15 .
"affected by a tree" , for chapter 3 , see section 46 .
"agricultural land" , for chapter 2 , see section 18 .
"application" , for chapter 3 , part 7 , see section 82 .
"approved form" means a form approved by the chief executive under section 96
.
"authorisation" , for chapter 2 , see section 17 .
"branch" , of a tree, includes any part of the tree (for example, fruit,
flowers or twigs) that is attached to a branch after the point where the
branch extends from the trunk.
"common boundary" , for chapter 2 , in relation to adjoining land consisting
of 1 or more parcels of land separated by a watercourse, lake or other natural
or artificial feature insufficient to stop the passage of stock at all times,
includes the bed and banks of the watercourse, lake or other feature
separating the lands.
"destroy" , for a tree, for chapter 3 , see section 51 .
"development approval" means—
(a) a development approval under the
Planning Act 2016 ; or
(b) a PDA development approval under the
Economic Development Act 2012 .
"dividing fence" , for chapter 2 , see section 12 .
"fence" , for chapter 2 , see section 11 .
"fencing work" , for chapter 2 , see section 16 .
"government authority" means a department, statutory body, government owned
corporation, rail government entity under the
Transport Infrastructure Act 1994 or local government.
"injury" , for chapter 3 , includes a severe allergic reaction
"land affected by an application or order" , for chapter 3 , part 7 , see
section 82 .
"licence area," for chapter 2 , see the Forestry Act 1959 , schedule 3 .
"neighbour" , for chapter 3 , see section 49 .
"obsolete order" means an order under chapter 3 that has lapsed or been
repealed.
"order" , for a sale of a person’s land affected by an order, for chapter 3
, part 7 , see section 82 .
"owner" , for land, for chapter 2 , see section 14 .
"pastoral land" , for chapter 2 , see section 18 .
"plantation licensee" , for chapter 2 , see the Forestry Act 1959 , schedule 3
.
"plantation sublicensee" , for chapter 2 , see the Forestry Act 1959 ,
schedule 3 .
"prescribed rural land" , for chapter 2 , see section 18 .
"real estate agent" means a real estate agent under the
Property Occupations Act 2014.
"residential development" , for chapter 2 , means a subdivision of land
creating allotments or lots intended for residential land.
"residential land" , for chapter 2 , see section 18 .
"retaining wall" means a structure that supports excavated or filled earth.
"road" means— (a) an area of land dedicated to public use as a road; or
(b)
an area that is open to or used by the public and is developed for, or has as
1 of its main uses, the driving or riding of motor vehicles; or
(c) a bridge
or culvert; or
(d) a pedestrian or bicycle path; or
(e) a part of an area,
bridge, culvert or path mentioned in paragraphs (a) to (d) .
"rural land" means rural land under the Land Valuation Act 2010 .
"situated" , for chapter 3 , see section 47 .
"State plantation forest" , for chapter 2 , see the Forestry Act 1959 ,
schedule 3 .
"sufficient dividing fence" , for chapter 2 , see section 13 .
"transfer day" , for the sale of land, means the day the contract of sale
settles.
"tree" , for chapter 3 , see section 45 .
"tree-keeper" see section 48 (1) .
"unallocated State land" , see the Land Act 1994 , schedule 6 .
"vegetation protection order" means an order made by a local government under
a local law to provide for or facilitate the protection of a tree.
"work" , on a tree, for chapter 3 , see section 50 .
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