Neighbourhood Disputes Resolution Act 2010 Queensland

silent 2035

Eric,

Interesting thread and why did they not just let you prune the branches to the collar in the first instance

In view of the tree images (Jacaranda's) and commonly associated traits with epicormic attachment and active elements of decay within softwood trees u would have to have concerns re structural integrity. Did you obtain any aerial imagary of the primary lopped branch unions? I believe the problem lies with epicormic growth, in that the actual lopping line would still be present after many years. With this comes wood separation being the area that would compromise limb failure given the elongated form ..... and lets talk target and tree form ... interesting.

Where too from here??

got to run! sorry no spell n/or gramma checks

Eric Frei

We were refused access, neighbours were watching with an eagle eye along the fence line, remember both Mr and Mrs neighbour are lawyers.

I also believe (and in my opinion) that it leaves it looking uglier than if it were finished ..... which could give the impression that the job was performed poorly. That impression could carry a sympathetic psychological weighting to their cause of protecting the trees and saying they were pruned incorrectly, you know, along the lines of we need to protect these trees from this sort of activity. In addition there is another factor, it could be and again in my opinion that regrowth is desired, it could be considered a type of revenge to have it grow back, grow back more abundant and hazardous.

So, this is why new laws have to come because if the ruling was to prune them back to the fence the new laws would have compelled access and collar cuts, where as here that was denied.

Now if those stubs are not finished off and this sprouts back can you imagine the shemozzle to happen, again!

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Hbom

Hi All,

Anyone have any update on the neighborhood disputes and resolution bill? I note it will come into force at a date determined by proclamation - however when is this due to occur???

This bill has already taken too long to get passed by parliament - could the proclamation process take just as long. . . . . .

Eric Frei

General changes proposed for trees

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Eric Frei

1 November 2011 is the effective date of the new Act.

PDF attached.

Link to site.

Neighbourhood Disputes Resolution Act 2011

Attached Files

11AC025.pdf (639.3 KB, 33 views)

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Eric Frei

What is great to read in this new law is the fact that Local Law is over ridden by QCAT.

Perhaps the Batman street fiasco was the catalyst where we all witnessed the pathetic processes of BCC. The tree keeper at Batman street didn't want the trees pruned, and the neighbour exercised their common law right of abatement. In other words the neighbour paid for the works, did not tresspass and cut the trees back.

But the tree keeper then requested BCC to put a Vegetation Protection Order on the trees, in affect in the old days (prior to 1 November 2011) the VPO meant you would need council permission to prune the trees.

So VPO's were a strategic ploy.

But on Page 46 section 67 it states:-

Of course for it to get to QCAT there is a process and the Local Authority has to be informed, the need has to be genuine but it is great to see a higher authority can be called on.

Some other key points of this excellent law. It mentions views and sunlight to windows and roof tops. roof tops covers solar hot water solar electricity

Interesting to note that for views it is from the date of possession but for solar that is not the case. So in other words right to light takes precedence. If no matter how you position those roof panels your neighbours tree shade you out then you have a solid case. If the tree has a VPO then as you can see QCAT orders over ride them.

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Eric Frei

This was on Ch10 News

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Australian Tree Assoc

This video should help explain the Act.

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Australian Tree Association Ltd - The nationwide industry association that members trust ... delivering integrity through transparency

Kenny Koala

It's good to finally see this become law.

It still doesn't help those with trees planted by councils but from what i understand you can still make an application with QCAT seeing they have the power to override local laws.


It also doesn't go far enough when you have trees on your own property that you can't legally touch..
It should have given the home owner the power to make application to remove nuisance trees from your own property that have a council proctection order over



This goes a long way to fixing that grey area and gives the victim the big stick they been waiting for.
I hope people try for a resolution before weilding that big stick and i hope people that have been pains in the butt to their neighbours get hit over the head with that big stick

Jason Norman

Hi - can anyone provide any guidance on root damage to fencing under the QLD act. My neighbour has a number of very large royal palms. The roots on their side have have built up about 1.5-2 foot above the ground level on my side and are pushing over a brick wall and causing significant buckling to the rest of the boundary fence. The trees are no more than 1m away from the fence. I am not sure how the nuisance rule works in this case and who would be liable. Are they responsible for fixing the roots and both of us for paying for the fence? The fence is not falling apart so to speak it is just being pushed over.

Thanks in advance.

Eric Frei

Read sections 66 and 74, answer is pretty clear, the tree keeper is responsible but there may some reduction in liability depending on his knowledge of the matter and the time the matter has been there.

If you have not informed some-one of the damage or potential to damage in an official capacity with a record then they have a way out pleading ignorance to the issue, "how was I to know when I wasn't informed".

Sounds like the fence could be easily fixed especially if the trees were gone. Everyone is entitled to a fence and if the fence is of suitable quality and damaged from his trees then the tree keeper is responsible for the repair.

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