New Laws for Overhanging Trees
Thursday, 03 November 2011 08:20
The new neighbourhood disputes law, the Neighbourhood Disputes Resolution Act 2011, has taken effect as from 01 November 2011 and so is now law.
This new law replaces the Dividing Fences Act and also introduces new legislation regarding disputes about overhanging tree branches.
Important points of the new law are a neighbour can give their adjoining property owner a “notice of overhanging branches” if tree branches protrude 50cms or more over the boundary and are no more than 2.5 metres from the ground. This would require the neighbour to remove the branches or allow the person giving the notice to remove them and bill the neighbour up to a maximum value of $300.
Only one notice is allowed in a 12 month period.The law contains some complex provisions about obtaining Queensland Civil Administrative Tribunal (QCAT) rulings about trees and also circumstances under which entry can occur to enforce the tree provisions.
Where the tree occurs on a body corporate property the same provisions apply to the body corporate.
Provisions about overhanging trees obviously have great application in our local area in the Moggill electorate. My personal comment is that these matters are far better dealt with by mutual co-operation with neighbours than attempting to enforce the new laws. The new laws will be there as a back-up where agreement can’t be reached. It is probably a bit sad we need a law in relation to the matter but it seems we do. My advice for what it is worth is that it is much better to be able to work co-operatively with your neighbours on matters relating to vegetation and overhanging branches.