(b) the tree that is the subject of those proceedings:
(i)
has caused, is causing, or is likely in the near future to cause damage to a
dividing fence, or
(ii) 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.
(3) The Land and
Environment Court may, of its own motion or on an application by a party to an
application under this Act that is before the Local Court or the Civil and
Administrative Tribunal, transfer the application that is pending in the Local
Court or in the Civil and Administrative Tribunal to the Land and Environment
Court if:
(b) the tree
that is the subject of those proceedings:
(i) has caused, is causing, or is
likely in the near future to cause damage to a dividing fence, or
(ii) 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, and
(c) the Land and Environment Court is satisfied
that there is sufficient reason for the application under this Act to be heard
and determined by the Land and Environment Court.
(4) An application that is
transferred to the Land and Environment Court under subsection (3) is to be
continued in the Land and Environment Court and determined by the Land and
Environment Court as part of the related proceedings under section 7 of the
Trees (Disputes Between Neighbours) Act 2006 .
(5) For the purposes of any
proceedings to which this section applies, a reference to the Local Court in
this Act (except sections 13 (2), (3) and (4) and 19 (2) and (3)) is taken to
include a reference to the Land and Environment Court.
