Queensland Numbered Acts

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NEIGHBOURHOOD DISPUTES RESOLUTION ACT 2011 No. 25 - SECT 58

58 Resolution by neighbour

(1) This section applies if the overhanging branches are not cut and removed within the time notified to the tree-keeper under section 57(3)(a).

(2) The neighbour—

(a) may cut and remove the overhanging branches or arrange for someone else to cut and remove the overhanging branches; and
(b) may, but is not required to, return the branches to the tree-keeper.

(3) Subsection (2) does not authorise entry to the tree-keeper's land.

(4) The tree-keeper is liable for the reasonable expenses incurred by the neighbour involved in cutting and removing the overhanging branches, but only to a maximum of $300.

(5) The neighbour may recover as a debt the amount for which the tree-keeper is liable under subsection (4).

Note—
A debt, with or without interest, of up to the prescribed amount may be recovered in minor civil dispute proceedings under the QCAT Act.


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