(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.
