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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Trees (Disputes Between Neighbours)
Amendment Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Trees (Disputes Between Neighbours) Act 2006
(the principal Act) (and certain other Acts and an instrument) to implement the
recommendations arising from the statutory review of the principal Act. In particular,
the Bill:
(a) extends the operation of Part 2 of the principal Act to trees situated on land
zoned "rural-residential", and
(b) gives the Land and Environment Court (the LEC) jurisdiction to hear disputes
about high hedges that severely obstruct sunlight to a window of a dwelling on
adjoining land or views from such a dwelling, and
(c) gives the LEC jurisdiction to hear and determine matters under the Dividing
Fences Act 1991 in certain circumstances where a related application has been
made under the principal Act, and
(d) makes it clear that an application for an order under Part 2 of the principal Act
can still be made following the removal of the tree that caused the damage or
injury on which the application is based, and
b2009-166-16.d13
Trees (Disputes Between Neighbours) Amendment Bill 2010
Explanatory note
(e) allows a local council to recover the amount prescribed by the regulations as
an administrative fee where it enforces an order under the principal Act (in
addition to the costs of carrying out the work required to enforce the order),
and
(f) enables a local council to register an order for costs as a charge on the land
concerned, and
(g) enables the immediate successor in title to an applicant to benefit from certain
orders made under Part 2 of the principal Act, and
(h) provides for plants that are vines to be treated as trees for the purposes of the
principal Act, and
(i) makes other minor statute law revision amendments.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act (except for the amendments relating to the proposed high hedge
jurisdiction which are to commence on 2 August 2010).
Schedule 1 Amendment of Trees (Disputes Between
Neighbours) Act 2006 No 126
Schedule 1 [3] extends the operation of Part 2 of the principal Act to trees situated
on land zoned "rural-residential". As a result of this extension of operation, the
Native Vegetation Act 2003 may presently also apply in respect of a native tree to
which the principal Act applies. However, Schedule 2.3 makes an amendment to the
Native Vegetation Act 2003 so that it does not apply to any clearing of a native tree
in accordance with an order under the principal Act.
Schedule 1 [4] makes it clear that the removal of a tree following damage or injury
caused by the tree that gives rise to an application under Part 2 of the principal Act
does not prevent a person from making such an application.
Schedule 1 [11] inserts new Part 2A into the principal Act. The new Part gives the
EC jurisdiction to hear and resolve disputes in relation to high hedges that obstruct
sunlight or views.
Proposed section 14A provides that the new Part applies only in relation to groups of
2 or more trees that are planted so as to form a hedge and that rise to a height of at
least 2.5 metres. Proposed section 14B enables an owner or occupier of land to apply
to the LEC for an order to remedy, restrain or prevent a severe obstruction of sunlight
to a window of a dwelling situated on the land, or any view from a dwelling situated
on the land, if the obstruction occurs as a consequence of trees to which the new Part
applies being situated on adjoining land. An owner of land is to give notice of the
Explanatory note page 2
Trees (Disputes Between Neighbours) Amendment Bill 2010
Explanatory note
lodging of such application in accordance with proposed section 14C (unless the
EC waives the requirement in accordance with that proposed section).
Proposed section 14D gives the LEC jurisdiction to make such orders as it thinks fit
to remedy, restrain or prevent a relevant obstruction (apart from an order that requires
the payment of compensation). However, proposed section 14E provides that the
EC must not make an order unless the applicant has made a reasonable effort to
reach agreement with the owner of the land on which the trees are situated. The LEC
must also be satisfied that the severity and nature of the obstruction in question is
such that the applicant's interest in having the obstruction removed, remedied or
restrained outweighs any other matters that suggest the undesirability of disturbing
or interfering with the trees. Proposed section 14F sets out various matters that are to
be considered by the LEC before determining an application under the new Part
(including whether the trees existed prior to the dwelling concerned, whether the
trees grew to a height of 2.5 metres or more during the applicant's occupancy and the
nature and extent of any view affected by the obstruction).
Proposed section 14G provides for the appearance of a local council or the Heritage
Council in certain proceedings under the new Part and proposed section 14H requires
the LEC to provide a copy of any order made under the new Part to the local council
and the Heritage Council (if the Heritage Council appeared in the proceedings).
Proposed section 14I requires a review to be carried out in relation to the operation
of the new Part.
Schedule 1 [5] provides that no action may be brought in nuisance as a result of an
obstruction of sunlight to the window of a dwelling, or of a view from a dwelling,
caused by trees to which new Part 2A applies. Schedule 1 [13] allows an order under
the new Part to be enforced against an immediate successor in title to the owner of
land on which the trees concerned are situated. Schedule 1 [1], [6], [7], [8], [12], [16]
and [18] make amendments consequential on the insertion of the new Part.
Schedule 1 [15] enables an immediate successor in title to an applicant to benefit
from certain orders made under Part 2 of the principal Act in favour of the applicant.
Schedule 1 [14] makes a consequential amendment.
Section 17 of the principal Act allows a local council to enter land and carry out work
in accordance with an order under the principal Act where the owner of that land has
failed to carry out the work. Schedule 1 [17] provides that in such circumstances a
council may recover in a court of competent jurisdiction, from the owner of the land,
a prescribed administrative cost in addition to the reasonable costs of carrying out the
work. Schedule 1 [19] enables the council to register such an order for costs as a
charge on the land and sets out the procedure for registration.
Schedule 1 [2] makes a minor amendment to clarify that a reference in the principal
Act to land zoned "rural-residential" includes a reference to land zoned "large lot
residential" and to insert a regulation-making power to enable such clarification to
be included in the regulations in relation to other zones referred to in the principal
Act if necessary.
Explanatory note page 3
Trees (Disputes Between Neighbours) Amendment Bill 2010
Explanatory note
Schedule 1 [9] makes a minor amendment in relation to the matters that may be
considered by the LEC in making an order under Part 2 of the principal Act.
Schedule 1 [10] makes a minor amendment to make it clear that the requirement to
provide a copy of an order made under Part 2 of the principal Act to a local council
and, in certain circumstances, the Heritage Council does not extend to an order
dismissing an application.
Schedule 2 Amendment of other Acts and
instrument
Schedule 2.1 gives the LEC jurisdiction to hear and determine matters under the
Dividing Fences Act 1991 in certain circumstances where an application is made
under the Trees (Disputes Between Neighbours) Act 2006 in relation to:
(a) a tree that has caused, is causing, or is likely in the near future to cause damage
to a dividing fence, or
(b) a tree that is part of a dividing fence and has caused, is causing, or is likely in
the near future to cause damage to the applicant's property or is likely to cause
injury to any person.
Schedule 2.2 makes a consequential amendment to the Land and Environment Court
Act 1979.
Schedule 2.3 provides that the Native Vegetation Act 2003 (which prohibits the
clearing of native vegetation except in accordance with that Act) does not apply to
any clearing of native vegetation in accordance with an order under the principal Act.
Schedule 2.4 amends the Trees (Disputes Between Neighbours) Regulation 2007 so
that any plant that is a vine is considered to be a tree for the purposes of the principal
Act.
Explanatory note page 4
First print
New South Wales
Trees (Disputes Between Neighbours)
Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Trees (Disputes Between Neighbours)
Act 2006 No 126 3
Schedule 2 Amendment of other Acts and instrument 13
b2009-166-16.d13
New South Wales
Trees (Disputes Between Neighbours)
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Trees (Disputes Between Neighbours) Act 2006 to provide for
the resolution of disputes about high hedges that block sunlight or views and to make
further provision in relation to the enforcement of orders and the jurisdiction of the
and and Environment Court under that Act; and for other purposes.
Clause 1 Trees (Disputes Between Neighbours) Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Trees (Disputes Between Neighbours) Amendment 3
Act 2010. 4
2 Commencement 5
(1) Except as provided by subsection (2), this Act commences on the date 6
of assent to this Act. 7
(2) Schedule 1 [1], [5][8], [11][13], [16] and [18] commence on 8
2 August 2010. 9
Page 2
Trees (Disputes Between Neighbours) Amendment Bill 2010
Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126 Schedule 1
Schedule 1 Amendment of Trees (Disputes Between 1
Neighbours) Act 2006 No 126 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
Crown land has the same meaning as it has in the Crown Lands 5
Act 1989, and includes land dedicated for a public purpose under 6
Part 5 of that Act. 7
window includes a glass sliding door, a door with a window, a 8
skylight and any other similar thing. 9
[2] Section 3 (1A) 10
Insert after section 3 (1): 11
(1A) For the purposes of this Act: 12
(a) a reference to land within a zone designated 13
"rural-residential" includes a reference to land within a 14
"large lot residential" land use zone, and 15
(b) a reference to land within a particular designated zone 16
includes a reference to land within any zone prescribed by 17
the regulations as a zone equivalent to that particular 18
designated zone but does not include a reference to land 19
within any zone prescribed by the regulations as a zone 20
that is not equivalent to that particular designated zone. 21
[3] Section 4 Act applies to trees on certain land 22
Omit "(but not "rural-residential")" from section 4 (1) (a). 23
Insert instead ", `rural-residential' ". 24
[4] Section 4 (4) 25
Insert after section 4 (3): 26
(4) Without limiting subsection (3), a tree that is removed following 27
damage or injury that gave rise to an application under Part 2 is 28
still taken to be situated on land for the purposes of the 29
application if the tree was situated wholly or principally on the 30
land immediately before the damage or injury occurred. 31
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Trees (Disputes Between Neighbours) Amendment Bill 2010
Schedule 1 Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126
[5] Section 5 Action in nuisance 1
Omit "this Act applies". 2
Insert instead "Part 2 applies or as a result of an obstruction of sunlight to the 3
window of a dwelling, or of a view from a dwelling, caused by trees to which 4
Part 2A applies". 5
[6] Section 6 Authorisation of work or activity regulated by or under other 6
Act 7
Insert "or 2A" after "Part 2" wherever occurring. 8
[7] Part 2, heading 9
Insert "--trees that cause or are likely to cause damage or injury" after 10
"Court orders". 11
[8] Section 11 Trees on Crown land referred to local land board 12
Omit section 11 (2). 13
[9] Section 12 Matters to be considered by Court 14
Insert after section 12 (b): 15
(b1) whether interference with the trees would, in the absence 16
of section 25 (t) (Legislative exclusions) of the Native 17
Vegetation Act 2003, require approval under that Act, 18
(b2) the impact any pruning (including the maintenance of the 19
tree at a certain height, width or shape) would have on the 20
tree, 21
(b3) any contribution of the tree to privacy, landscaping, garden 22
design, heritage values or protection from the sun, wind, 23
noise, smells or smoke or the amenity of the land on which 24
it is situated, 25
[10] Section 14 Court to provide copy of order to local council and Heritage 26
Council 27
Insert "(other than an order dismissing an application)" after "Part". 28
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Trees (Disputes Between Neighbours) Amendment Bill 2010
Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126 Schedule 1
[11] Part 2A 1
Insert after section 14: 2
Part 2A Court orders--high hedges that obstruct 3
sunlight or views 4
14A Application of Part 5
(1) This Part applies only to groups of 2 or more trees that: 6
(a) are planted (whether in the ground or otherwise) so as to 7
form a hedge, and 8
(b) rise to a height of at least 2.5 metres (above existing 9
ground level). 10
(2) Despite section 4, this Part does not apply to trees situated on the 11
following land: 12
(a) any land within a zone designated "rural-residential" under 13
an environmental planning instrument (within the meaning 14
of the Environmental Planning and Assessment Act 1979) 15
or, having regard to the purpose of the zone, having the 16
substantial character of that zone, 17
(b) Crown land. 18
14B Application to Court by affected land owner 19
An owner of land may apply to the Court for an order to remedy, 20
restrain or prevent a severe obstruction of: 21
(a) sunlight to a window of a dwelling situated on the land, or 22
(b) any view from a dwelling situated on the land, 23
if the obstruction occurs as a consequence of trees to which this 24
Part applies being situated on adjoining land. 25
14C Notice of application for order to be given to owners of affected 26
land 27
(1) An applicant for an order under this Part must give at least 28
21 days notice of the lodging of the application and the terms of 29
any order sought to: 30
(a) the owner of the land on which the trees are situated, and 31
(b) any relevant authority that would, in accordance with 32
section 14G, be entitled to appear in proceedings in 33
relation to the trees, and 34
(c) any other person the applicant has reason to believe will be 35
affected by the order. 36
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Trees (Disputes Between Neighbours) Amendment Bill 2010
Schedule 1 Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126
(2) The Court may direct that notice of an application be given to a 1
person or that notice be given in a specified manner or within a 2
specified period. 3
(3) The Court may waive the requirement to give notice or vary the 4
period of notice under this section if it thinks it appropriate to do 5
so in the circumstances. 6
14D Jurisdiction to make orders 7
(1) The Court may make such orders as it thinks fit to remedy, 8
restrain or prevent the severe obstruction of: 9
(a) sunlight to a window of a dwelling situated on the 10
applicant's land, or 11
(b) any view from a dwelling situated on the applicant's land, 12
if the obstruction occurs as a consequence of trees that are the 13
subject of the application concerned. 14
(2) Without limiting the powers of the Court to make orders under 15
subsection (1), an order made under that subsection may do any 16
or all of the following: 17
(a) require the taking of specified action to remedy the 18
obstruction of sunlight or of a view, 19
(b) require the taking of specified action to restrain or prevent 20
the obstruction of sunlight or of a view, 21
(c) require the taking of specified action to maintain a tree or 22
trees at a certain height, width or shape, 23
(d) require the removal of a tree or trees and the replacement 24
of the tree or trees with a different species of tree, 25
(e) require the making of an application to obtain any consent 26
or other authorisation referred to in section 6 (1) (a), 27
(f) authorise the applicant concerned to take specified action 28
to remedy, restrain or prevent the obstruction of sunlight or 29
of a view, 30
(g) authorise land to be entered for the purposes of carrying 31
out an order under this section (including for the purposes 32
of obtaining quotations for the carrying out of work on the 33
land), 34
(h) require the payment of costs associated with carrying out 35
an order under this section. 36
(3) However, the power to make an order under subsection (1) does 37
not extend to an order that requires the payment of compensation. 38
Page 6
Trees (Disputes Between Neighbours) Amendment Bill 2010
Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126 Schedule 1
14E Matters of which Court must be satisfied before making an order 1
(1) The Court must not make an order under this Part unless it is 2
satisfied: 3
(a) that the applicant has made a reasonable effort to reach 4
agreement with the owner of the land on which the trees 5
are situated, and 6
(b) if the requirement to give notice has not been waived, that 7
the applicant has given notice of the application in 8
accordance with section 14C. 9
(2) The Court must not make an order under this Part unless it is 10
satisfied that: 11
(a) the trees concerned: 12
(i) are severely obstructing sunlight to a window of a 13
dwelling situated on the applicant's land, or 14
(ii) are severely obstructing a view from a dwelling 15
situated on the applicant's land, and 16
(b) the severity and nature of the obstruction is such that the 17
applicant's interest in having the obstruction removed, 18
remedied or restrained outweighs any other matters that 19
suggest the undesirability of disturbing or interfering with 20
the trees by making an order under this Part. 21
14F Matters to be considered by Court 22
Before determining an application made under this Part, the 23
Court is to consider the following matters: 24
(a) the location of the trees concerned in relation to the 25
boundary of the land on which the trees are situated and the 26
dwelling the subject of the application, 27
(b) whether the trees existed prior to the dwelling the subject 28
of the application (or the window or part of the dwelling 29
concerned where the dwelling has been altered or added 30
to), 31
(c) whether the trees grew to a height of 2.5 metres or more 32
during the period that the applicant has owned (or 33
occupied) the relevant land, 34
(d) whether interference with the trees would, in the absence 35
of section 6 (3), require any consent or other authorisation 36
under the Environmental Planning and Assessment 37
Act 1979 or the Heritage Act 1977 and, if so, whether any 38
such consent or authorisation has been obtained, 39
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Trees (Disputes Between Neighbours) Amendment Bill 2010
Schedule 1 Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126
(e) any other relevant development consent requirements or 1
conditions relating to the applicant's land or the land on 2
which the trees are situated, 3
(f) whether the trees have any historical, cultural, social or 4
scientific value, 5
(g) any contribution of the trees to the local ecosystem and 6
biodiversity, 7
(h) any contribution of the trees to the natural landscape and 8
scenic value of the land on which they are situated or the 9
locality concerned, 10
(i) the intrinsic value of the trees to public amenity, 11
(j) any impact of the trees on soil stability, the water table or 12
other natural features of the land or locality concerned, 13
(k) the impact any pruning (including the maintenance of the 14
trees at a certain height, width or shape) would have on the 15
trees, 16
(l) any contribution of the trees to privacy, landscaping, 17
garden design, heritage values or protection from the sun, 18
wind, noise, smells or smoke or the amenity of the land on 19
which they are situated, 20
(m) anything, other than the trees, that has contributed, or is 21
contributing, to the obstruction, 22
(n) any steps taken by the applicant or the owner of the land on 23
which the trees are situated to prevent or rectify the 24
obstruction, 25
(o) the amount, and number of hours per day, of any sunlight 26
that is lost as a result of the obstruction throughout the year 27
and the time of the year during which the sunlight is lost, 28
(p) whether the trees lose their leaves during certain times of 29
the year and the portion of the year that the trees have less 30
or no leaves, 31
(q) the nature and extent of any view affected by the 32
obstruction and the nature and extent of any remaining 33
view, 34
(r) the part of the dwelling the subject of the application from 35
which a view is obstructed or to which sunlight is 36
obstructed, 37
(s) such other matters as the Court considers relevant in the 38
circumstances of the case. 39
Page 8
Trees (Disputes Between Neighbours) Amendment Bill 2010
Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126 Schedule 1
14G Appearance by local council or Heritage Council 1
A local council or the Heritage Council (a relevant authority) 2
may appear before the Court in any proceedings under this Part 3
in relation to trees if the consent or other authorisation of the 4
relevant authority to interfere with the trees would be required, in 5
the absence of section 6 (3), under the Environmental Planning 6
and Assessment Act 1979 or the Heritage Act 1977. 7
14H Court to provide copy of order to local council and Heritage 8
Council 9
The Court must provide a copy of any order it makes under this 10
Part (other than an order dismissing an application) to: 11
(a) the council of the local government area in which the trees 12
are situated, and 13
(b) the Heritage Council if the Heritage Council appeared in 14
the proceedings concerned under section 14G. 15
14I Review of Part 16
(1) The Minister is to review this Part to determine whether the 17
policy objectives of the Part remain valid and whether the terms 18
of the Part remain appropriate for securing those objectives. 19
(2) The review is to be undertaken as soon as possible after the period 20
of 2 years from the date of commencement of this Part. 21
(3) A report on the outcome of the review is to be tabled in each 22
House of Parliament within 12 months after the end of the period 23
of 2 years. 24
[12] Section 15 Failure to comply with order 25
Insert "or 2A" after "Part 2" in section 15 (1). 26
[13] Section 16 Successors in title bound by order 27
Insert after section 16 (1): 28
(1A) If the Court makes an order under Part 2A requiring a person who 29
is an owner of land on which 2 or more trees are situated (an 30
original trees owner) to carry out work in relation to a tree or 31
trees within a specified period and the original trees owner ceases 32
to be the owner of the land before the work is carried out, the 33
immediate successor in title to the owner: 34
(a) is required to carry out that work, and 35
(b) to that extent, is bound by the order in the same way as the 36
original trees owner (except as provided by this section). 37
Page 9
Trees (Disputes Between Neighbours) Amendment Bill 2010
Schedule 1 Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126
[14] Section 16 (2) 1
Insert ", or the immediate successor in title of the applicant who is entitled to 2
the benefit of the order under section 16A," after "applicant for the order". 3
[15] Section 16A 4
Insert after section 16: 5
16A Immediate successor in title to benefit from certain tree orders 6
If the Court makes an order under Part 2 in relation to a tree that 7
has caused, or is causing, damage to the applicant's property, or 8
is likely to cause injury to any person, a person who is the 9
immediate successor in title to the applicant is entitled to the 10
same benefits and rights as the applicant in respect of the order. 11
[16] Section 17 Carrying out of work by local council 12
Insert "or 2A" after "Part 2" in section 17 (1) and (7) (d) (i) wherever 13
occurring. 14
[17] Section 17 (8) 15
Omit the subsection. Insert instead: 16
(8) The council may recover, in a court of competent jurisdiction, the 17
following from a person who is bound by an order under Part 2: 18
(a) the reasonable costs of carrying out work under this 19
section, 20
(b) the amount prescribed by the regulations as the 21
administrative cost for arranging the carrying out of work 22
under this section. 23
[18] Section 17 (8) (as substituted by Schedule 1 [17]) 24
Insert "or 2A" after "Part 2". 25
[19] Section 17A 26
Insert after section 17: 27
17A Registration of judgment debt as charge on land 28
(1) The council may, after obtaining an order of a court in 29
proceedings against an owner of land for the recovery of costs in 30
accordance with section 17 (8), apply to the Registrar-General for 31
registration of the order in relation to that land. 32
(2) An application under this section must define the land to which it 33
relates. 34
Page 10
Trees (Disputes Between Neighbours) Amendment Bill 2010
Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126 Schedule 1
(3) The Registrar-General must, on application under this section 1
and lodgment of the court order, register the order in relation to 2
the land in such manner as the Registrar-General thinks fit. 3
(4) There is created by force of this section, on the registration of the 4
order, a charge on the land in relation to which the order is 5
registered to secure the payment to the council of the amount 6
payable under the order. 7
(5) Such a charge ceases to have effect in relation to the land: 8
(a) if the council certifies in writing that the amount payable 9
under the order has been paid to the council or that the 10
council has otherwise agreed to the cancellation of the 11
charge--on registration of the cancellation of the charge 12
by the Registrar-General, or 13
(b) on the sale or other disposition of the property with the 14
consent of the council, or 15
(c) on the sale of the land to a purchaser in good faith for value 16
who, at the time of the sale, has no notice of the charge, 17
whichever first occurs. 18
(6) Such a charge is subject to every charge or encumbrance to which 19
the land was subject immediately before the order was registered 20
and, in the case of land under the provisions of the Real Property 21
Act 1900, is subject to every prior mortgage, lease or other 22
interest recorded in the Register kept under that Act. 23
(7) Such a charge is not affected by any change of ownership of the 24
land, except as provided by subsection (5). 25
(8) If: 26
(a) such a charge is created on land of a particular kind and the 27
provisions of any law of the State provide for the 28
registration of title to, or charges over, land of that kind, 29
and 30
(b) the charge is so registered, 31
a person who purchases or otherwise acquires the land after the 32
registration of the charge is, for the purposes of subsection (5), 33
taken to have notice of the charge. 34
(9) If such a charge relates to land under the provisions of the Real 35
Property Act 1900, the charge has no effect until it is registered 36
under that Act. 37
(10) A council that makes an application under this section for 38
registration of a court order may, by notice in writing, require the 39
person against whom the order was made to pay all or any of the 40
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Trees (Disputes Between Neighbours) Amendment Bill 2010
Schedule 1 Amendment of Trees (Disputes Between Neighbours) Act 2006 No 126
reasonable costs and expenses incurred by the council in respect 1
of the registration of the court order. The council may recover 2
any unpaid amounts specified in the notice as a debt in a court of 3
competent jurisdiction. 4
(11) In this section, a reference to an order of a court includes a 5
reference to a judgment of a court. 6
Page 12
Trees (Disputes Between Neighbours) Amendment Bill 2010
Amendment of other Acts and instrument Schedule 2
Schedule 2 Amendment of other Acts and 1
instrument 2
2.1 Dividing Fences Act 1991 No 72 3
Section 13A 4
Insert after section 13: 5
13A Jurisdiction of Land and Environment Court 6
(1) The Land and Environment Court has jurisdiction to hear and 7
determine matters arising under this Act in proceedings to which 8
this section applies. 9
(2) This section only applies if: 10
(a) application for the exercise of the jurisdiction is made in 11
relation to proceedings under section 7 of the Trees 12
(Disputes Between Neighbours) Act 2006 that have been 13
commenced but not determined, and 14
(b) the tree that is the subject of those proceedings: 15
(i) has caused, is causing, or is likely in the near future 16
to cause damage to a dividing fence, or 17
(ii) is part of a dividing fence and has caused, is causing, 18
or is likely in the near future to cause damage to the 19
applicant's property or is likely to cause injury to 20
any person. 21
(3) The Land and Environment Court may, of its own motion or on 22
an application by a party to an application under this Act that is 23
before the Local Court or a local land board, transfer the 24
application that is pending in the Local Court or in a local land 25
board to the Land and Environment Court if: 26
(a) the application is relevant to proceedings under section 7 27
of the Trees (Disputes Between Neighbours) Act 2006 that 28
have been commenced in the Land and Environment Court 29
but have not been determined, and 30
(b) the tree that is the subject of those proceedings: 31
(i) has caused, is causing, or is likely in the near future 32
to cause damage to a dividing fence, or 33
(ii) is part of a dividing fence and has caused, is causing, 34
or is likely in the near future to cause damage to the 35
applicant's property or is likely to cause injury to 36
any person, and 37
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Trees (Disputes Between Neighbours) Amendment Bill 2010
Schedule 2 Amendment of other Acts and instrument
(c) the Land and Environment Court is satisfied that there is 1
sufficient reason for the application under this Act to be 2
heard and determined by the Land and Environment Court. 3
(4) An application that is transferred to the Land and Environment 4
Court under subsection (3) is to be continued in the Land and 5
Environment Court and determined by the Land and 6
Environment Court as part of the related proceedings under 7
section 7 of the Trees (Disputes Between Neighbours) Act 2006. 8
(5) For the purposes of any proceedings to which this section applies, 9
a reference to the Local Court in this Act (except sections 13 (2), 10
(3) and (4) and 19 (2) and (3)) is taken to include a reference to 11
the Land and Environment Court. 12
2.2 Land and Environment Court Act 1979 No 204 13
Section 18 Class 2--local government and miscellaneous appeals and 14
applications 15
Insert "(including applications involving the exercise of jurisdiction under the 16
Dividing Fences Act 1991)" after "Trees (Disputes Between Neighbours) 17
Act 2006" in section 18 (g). 18
2.3 Native Vegetation Act 2003 No 103 19
Section 25 Legislative exclusions 20
Insert after section 25 (s): 21
(t) any clearing carried out in accordance with an order under 22
the Trees (Disputes Between Neighbours) Act 2006. 23
2.4 Trees (Disputes Between Neighbours) Regulation 2007 24
Clause 4 Prescribed plants 25
Omit "bamboo is prescribed". 26
Insert instead "bamboo and any plant that is a vine are prescribed". 27
Page 14
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