Queensland Numbered Acts

NEIGHBOURHOOD DISPUTES RESOLUTION ACT 2011 NO. 25

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Relationship with other Acts or laws
   6.      Act binds all persons

           CHAPTER 2--DIVIDING FENCES
           Part 1--Introduction

   7.      Overview
   8.      Application of chapter
   9.      Non-application of provisions to barrier of regulated pool
   10.     No effect on agreements or particular law
           Part 2--Interpretation
   11.     Meaning of fence
   12.     Meaning of dividing fence
   13.     Meaning of sufficient dividing fence
   14.     Meaning of owner for land
   15.     Meaning of adjoining owners and adjoining land
   16.     Meaning of fencing work
   17.     Meaning of authorisation
   18.     Meaning of agricultural land, pastoral land, prescribed rural land and residential land
           Part 3--Neighbours' responsibilities
   19.     Ownership of dividing fence
   20.     Liability for fencing work
   21.     Contribution between adjoining owners—generally
   22.     Contribution—parcel of prescribed rural land adjoining residential development
   23.     Contribution—prescribed land adjoining residential development
   24.     Liability of lessee
   25.     Contribution—particular State land
   26.     Contribution—negligent or deliberate act or omission
   27.     Attaching things to a dividing fence
   28.     Urgent fencing work
   29.     Agreement does not affect title or possession
           Part 4--Process for obtaining contribution and resolving disputes
           Division 1--Introduction
   30.     Overview
           Division 2--Notice to contribute
   31.     Notice to contribute for fencing work
   32.     Notice to contribute for urgent fencing work
           Division 3--Resolving disputes
   33.     Jurisdiction
   34.     Representation
   35.     Orders about carrying out fencing work
   36.     Sufficient dividing fence matters for QCAT consideration
   37.     Application for order in absence of adjoining owner
           Part 5--Process for dealing with unauthorised construction or demolition
   38.     Application before unauthorised construction or demolition
   39.     Application after unauthorised construction or demolition
           Part 6--Process if common boundary not agreed
   40.     Process if common boundary not agreed

           CHAPTER 3--TREES
           Part 1--Introduction

   41.     Overview
   42.     Trees to which this chapter applies
   43.     Requirements under other laws
   44.     Action may be taken in relation to more than 1 tree
           Part 2--Interpretation
   45.     Meaning of tree
   46.     When is land affected by a tree
   47.     When is a tree situated on land
   48.     Who is a tree-keeper
   49.     Who is a neighbour
   50.     Meaning of work
   51.     Meaning of destroy
           Part 3--Responsibilities, liabilities and rights
   52.     Responsibilities of a tree-keeper
   53.     More than 1 tree-keeper
   54.     Common law right of abatement
           Part 4--Removal of overhanging branches
   55.     Application of this part
   56.     Overview
   57.     Notice for particular overhanging branches
   58.     Resolution by neighbour
           Part 5--QCAT orders to resolve other issues about trees
           Division 1--Preliminary
   59.     Application of this part
   60.     Overview
   61.     Jurisdiction
           Division 2--Applying to QCAT
   62.     Neighbour may apply to QCAT
   63.     Giving a copy of an application
           Division 3--Making an order
   64.     Government authority may appear
   65.     Requirements before order may be made
   66.     Orders QCAT may make
   67.     Scope of order to override other laws
   68.     Order in relation to a removed tree
   69.     Additional order if destruction or removal of tree ordered
           Division 4--Matters for QCAT consideration
   70.     Application of div 4
   71.     Safety
   72.     Removal or destruction of living tree to be avoided
   73.     General matters to consider
   74.     Other matters to consider if serious injury or damage alleged
   75.     Other matters to consider if unreasonable interference alleged
           Division 5--Matters following the making of an order
   76.     Copy of order to be given to government authority
   77.     Failure to comply with order
   78.     When order lapses or may be revoked
           Part 6--Register of QCAT orders
   79.     Register
   80.     Records to be kept by registrar
   81.     Entitlement to search register
           Part 7--Sale or proposed sale of affected land
   82.     Definitions for pt 7
   83.     Person to give buyer copy of application or order
   84.     Consequences if copy of application given
   85.     Consequences if copy of order given
   86.     Consequences before transfer if copy of application or order not given
   87.     Consequences after transfer if copy of order not given
           Part 8--Assistance from local government
   88.     Local government may decide to carry out work
   89.     Requirements of notice of intention to enter land and notice of entry to land
   90.     Requirements of authority to enter land

           CHAPTER 4--GENERAL
           Part 1--Provisions of general application

   91.     Substantial compliance is adequate
   92.     Giving documents
   93.     Descriptions in notice
   94.     Right to enter land for work under this Act
           Part 2--Miscellaneous
   95.     Regulation-making power
   96.     Approved forms
   97.     Review of Act

           CHAPTER 5--TRANSITIONAL PROVISIONS

   98.     Notices, proceedings and orders under Dividing Fences Act 1953

           CHAPTER 6--REPEAL AND AMENDMENT OF THIS ACT AND OTHER ACTS
           Part 1--Repeal

   99.     Repeal of Dividing Fences Act 1953
           Part 2--Amendment of Land Act 1994
   100.    Act amended
   101.    Omission of ch 4, pt 3, div 1D (Relationship with Dividing Fences Act 1953)
   102.    Insertion of new ch 9, pt 1I
           Part 3--Amendment of Queensland Civil and Administrative Tribunal Act 2009
   103.    Act amended
   104.    Amendment of sch 2 (Subject matter for rules)
           Part 4--Amendment of this Act and other Acts
   105.    Acts amended
           SCHEDULE 1 -- ACTS AMENDED
           Part 1--Amendment of this Act
           Part 2--Other amendments
           SCHEDULE 2 -- DICTIONARY