Tasmanian Numbered Acts

NEIGHBOURHOOD DISPUTES ABOUT PLANTS ACT 2017 (NO. 32 OF 2017) - Act 32 of 2017 - Royal Assent 19 September 2017

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of plant and plant situated on land
   5.      Act does not apply to certain plants
   6.      Act binds Crown
   7.      When land is affected by plant
   8.      Where plant situated on more than one area of land
   9.      Meaning of excluded land

   PART 2 - Rights and Responsibilities in Relation to Plants

           Division 1 - Responsibilities generally

   10.     Responsibilities in relation to plants
   11.     Joint liability of landholders for plants situated on their land
   12.     Common law right of abatement
   13.     Right to enter land
   14.     Requirements under other laws not affected

           Division 2 - Responsibilities where sale or proposed sale of land

   15.     Interpretation of Division 2
   16.     Person selling land to give buyer copy of application or order, &c.
   17.     Consequences before transfer of failure to give copy of application or order to prospective purchaser
   18.     Consequences after transfer of failure to give copy of order to prospective purchaser

   PART 3 - Informal Dispute Resolution

   19.     Neighbours to attempt to resolve dispute
   20.     Branch removal notice may be given
   21.     Action that may be taken if branch removal notice not complied with
   22.     Notice about land affected by plant

   PART 4 - Applications to Appeal Tribunal

           Division 1 - Applications

   23.     Application to Appeal Tribunal
   24.     Notice of application to be given
   25.     Appeal Tribunal may require further information
   26.     Attempts to resolve dispute to be made before hearing of application
   27.     Interested government bodies may appear in proceedings
   28.     Application of RMPAT Act
   29.     Parties to applications

           Division 2 - Determination of applications

   30.     Matters generally to be considered by Appeal Tribunal
   31.     Matters to be considered if threat of serious injury or serious damage
   32.     Matters to be considered if unreasonable interference
   33.     Appeal Tribunal to determine application
   34.     Effect of orders
   35.     Duration of order
   36.     Variation or revocation of order
   37.     Database of orders to be kept

   PART 5 - Miscellaneous

   38.     Regulations
   39.     Review of Act
   40.     Administration of Act

   PART 6 - Boundary Fences Act 1908 Amended

   41.     Principal Act
   42.     Section 48 amended (Notice to cut live fences and to clear adjoining land)

   PART 7 - Local Government (General) Regulations 2015 Amended

   43.     Principal Regulations
   44.     Schedule 6 amended (Questions)