Neighbourhood Disputes Resolution Act 2010 Queensland

Eric Frei · 30th September 2010, 08:29 PM

well the new draft is out.

PDF attached but here's a link to the page where you can read many PDF's.

Neighbourhood Disputes Resolution Bill consultation - Department of Justice and Attorney-General

well it seems pretty good to me.

There's some clarity on co-owned trees ....

Quote:

46 Meaning of tree and situated
(1) A tree includes any woody perennial plant, shrub, bush, vine,
bamboo or herbaceous plant, and includes a bare trunk, a stump that remains rooted in the land and a dead tree, and any
other plant prescribed under a regulation to be a tree to which
this chapter applies.
(2) A tree is situated on land if the base of the tree trunk is, or was
previously, situated wholly or mainly on the land.

Means to me that where the centre of the trunk is, is the "tree keeper".

Who is affected by the tree .... this is interesting because it can consider more than the just overhanging parts. what about those curly questions we get where no parts of a neighbours tree actually overhang a fenceline but the tree is within striking distance?

Quote:

48 Meaning of neighbour and land affected by a tree
(1) A neighbour is a person or other entity that is—
(a) a registered owner of land affected by the tree; or
(b) taken, under another Act, to be the owner for this Act of
land affected by the tree.
(2) Land is land affected by a tree if—
(a) branches from the tree overhang the land; or
(b) the tree causes, or is likely to cause—
(i) injury to a person on the land; or
(ii) damage to the land or any property on the land; or
(iii) substantial, ongoing and unreasonable interference
with the neighbour’s enjoyment of the land.
(3) However, land is land affected by a tree because the tree
causes, or is likely to cause, a severe allergic reaction to a
person on the land only if the land adjoins the land on which
the tree is situated.

And what is the primary responsibilities fo a "tree keeper"?

Quote:

53 Responsibilities of a tree keeper
(1) A tree keeper is responsible for cutting and removing any
branches of the tree that overhang a neighbour’s land.
(2) A tree keeper is responsible for ensuring that the tree does not
cause—
(a) injury to a person; or
(b) damage to a person’s land or any property on the
person’s land; or
(c) substantial, ongoing and unreasonable interference with
the person’s enjoyment of the person’s land.

So it appears that after years of arguing with tree huggers and there rhetoric that finally some sense has come into play and my old addage that you ensure no parts of your tree intrude upon others yards and that you consider your neighbours has never been more true.

Now what is the penalty for not doing the prescribed works?

Quote:

76 Failure to comply with order
A person must not fail to comply with a requirement imposed
on the person by an order under this chapter unless the person
has a reasonable excuse.
Maximum penalty—1000 penalty units.

.... And a penalty unit is worth $100 so the maximum penalty is $100,000

I think the act covers the issues well, has even considered light, views, TV reception etc as follows:-

Quote:

63 Jurisdiction
(1) QCAT has jurisdiction to hear and decide any matter in
relation to a tree in which it is alleged—
(a) the tree has caused, is causing, or is likely to cause,
injury to any person; or
(b) the tree has caused, is causing, or is likely in the near
future to cause, damage to the neighbour’s land or any
property on the neighbour’s land; or (c) the tree has caused, or is causing, substantial, ongoing
and unreasonable interference with the enjoyment of the
neighbour’s land.
Examples of interference for paragraph (c)—
• interference with television or satellite reception
• loss of light
• interference with the proper functioning of solar panelling
• interference with a previously existing view, which
diminishes the value of the land
(2) However, for a matter in which it is alleged the tree has
caused, or is causing, or is likely to cause, an injury to a
person that is a severe allergic reaction, QCAT has jurisdiction
to hear and decide the matter only if the person resides on the
land adjoining the land on which the tree is situated.
(3) In this section—
in the near future means within 12 months of the day the
application is made.
Notes—
1 A proceeding about a matter arising under this chapter is not a
minor civil dispute under the QCAT Act—see the QCAT Act,
schedule 3, definition minor civil dispute.
2 The parties to a proceeding about a matter arising under this chapter
may be directed to attend 1 or more conferences, a purpose of
which may be to promote a settlement of the matter—see the QCAT
Act, sections 67 and 69(b).
3 The orders QCAT may make are set out in section 68.

kingr · 15th December 2010, 12:38 PM

So this would include a root system from a Fig? Previous owners planted a fig under the assumption it will only grow 3 metres high

It is now, over 10. No problems yet, but the only way I can see to maintain a root system for a well established tree like this would be to take it out!

Darrell Mcleod · 15th December 2010, 01:44 PM

Looks good to me - I wish we had something similar here in Victoria

Eric Frei · 22nd February 2011, 05:34 PM

A few more months to wait for this to be passed.

Check laws before you chop trees | Council News | Sunshine Coast Daily

Quote:

22nd February 2011
NEIGHBOURS will be able to slap each other with bills for chopping overhanging trees when new legislation is passed this year.

The new regime for dealing with dividing fences and overhanging branches in Queensland will be a welcome relief for many clients at the Suncoast Community Legal Service.

But principal solicitor Julian Porter fears the potential for warring neighbours to abuse the new process is high and is likely to clog up the Queensland Civil and Administrative Tribunal lists.

Mr Porter said he expected the Neighbourhood Disputes Resolution Bill to pass in the next few months.

“It really just covers dividing fences and trees but the tree powers are a massive departure from common law and will affect everyone who has a backyard,” he said.

“We did a submission suggesting they tone it down to stop it being just another weapon for cranky neighbours to bash each other with.

“To their credit they have a bit, but I am personally fascinated to see what they do when QCAT instantly gets a two-year backlog of applications to cut nuisance trees.”

Mr Porter said 20% to 30% of the clients who visited the legal service asked about neighbour issues and he had hoped the bill would also cover disputes about retaining walls, drainage, noise, animals and other neighbour issues.

He said he was increasingly fielding questions about retaining walls and drainage, particularly because of recent weather, but they were not covered under the new bill.

Mr Porter said he personally gave advice about neighbour nuisance issues at least six times a week.

He said that for such a lofty title, the bill was very limited.

Mr Porter said he usually had to tell people they could only get an injunction through the Supreme Court at a cost of about $30,000.

He said this new bill would only change the way dividing fences and overhanging tree branches were dealt with.

“It sets up a regime in QCAT for applying to have trees removed or replaced,” he said.

“It also sets up a self abatement scenario if someone’s trees are hanging into your yard.

“This Act will allow you to give notice you want branches to stop overhanging and if not you can send a bill.

“A lot of people will think this is excellent but there is room for abuse, especially for vindictive people who want to rack up debts for neighbours.

“Since we made a submission they have refined the bill so trees have to be overhanging by 50cm and above a certain height to get an arborist.

“In many cases it will be an excellent way to resolve issues but there will be an element of people who use it as a weapon.”

kingr · 23rd February 2011, 10:35 AM

I would be very interested to know how this fits in with council's tree policies? Half of the foliage may over hang a neighbours yard which means the tree has been trimmed over the 10% and to stop the tree over hanging in the future may require the whole tree to be removed. I assume removing half the foliage and branches would unbalance the tree? Who has the power? I wonder, the neighbour complaining or the council? Doesn't seem to be the tree owner! So if council won't let you take the tree out, get your neighbour to complain about it!

James Sayers · 23rd February 2011, 05:55 PM

bet the council will get some requests for there

over hanging trees ha ha

Eric Frei · 23rd February 2011, 07:24 PM

Gets uglier I suppose if the tree is protected.

kingr · 23rd February 2011, 09:15 PM

Madonna King talking about this:

Billing your neighbour for overhanging trees - ABC Queensland - Australian Broadcasting Corporation (ABC)

jungles · 30th June 2011, 10:42 AM

Quote:

Originally Posted by pomie

bet the council will get some requests for there

over hanging trees ha ha

The Council might get requests but the new Bill won't apply to most Council owned trees which is consistant with the Current Dividing Fence Act 1953

See s43 (3)(c)

(3) This chapter does not apply to trees situated on—
(a) rural land; or
(b) a parcel of land that is more than 4 hectares; or
(c) land owned by a local government that is used as a
public park; or

Eric Frei · 13th July 2011, 04:26 PM

There has been some changes and I have uploaded the latest PDF and explanation document.

The biggest change is (from the explanation document):-

Quote:

First, if a neighbour exercises the common law of abatement, (e.g. by
lopping branches and roots to the boundary), the neighbour can decide
whether or not to return the lopped branches or roots. When exercising the
right of abatement, neighbours must take care to comply with any
applicable tree or vegetation protection orders.

Second, if a neighbour wants the tree-keeper to take responsibility for
lopping the branches of their tree hanging over the boundary, they can
serve a notice for overhanging branches upon the tree-keeper. This notice
can be used for branches which are more than .5m over the boundary and
less than 2.5m above the ground. If the tree-keeper does not respond to the
notice, the neighbour can proceed to have the lopping done and recover
from the tree-keeper a maximum sum of $300.00 per annum. The notice
system cannot be used if there is a vegetation or tree protection order over
the tree.

Finally, responsibility is placed on the tree-keeper to ensure that their
neighbour’s land is not affected by a tree growing on the tree-keeper’s land.
For the purposes of the Bill, land is affected by a tree if a neighbour can
demonstrate that the tree caused serious injury to a person, serious damage
to a neighbour’s land or property or substantial, ongoing or unreasonable
interference with a person’s use and enjoyment of the person’s land.
QCAT has jurisdiction to hear and decide any matter in relation to a tree in
which it is alleged that the land is affected by the tree.

Some more from Madonna King show.

Billing your neighbour for overhanging trees - ABC Queensland - Australian Broadcasting Corporation (ABC)

So where there is no co-operation it's up to $300 per tree but only for branches which are under 2.5m high (a crown lift). Get your measuring sticks and cameras out guys before you cut.

Garry Brockley · 26th July 2011, 06:37 AM

Channel 9 are running a fence line dispute special tonight 6.00pm Tuesday looks like Eric is the arborist on site

Eric Frei · 27th July 2011, 06:48 AM

Here is the News video:-

fence line tree law ch9 news 26 July 2011 - YouTube

----------------------------------------------------------------

The facts were explained well enough about this job in the post below from Dirty Tricks By Brisbane City Council

Quote:

Originally Posted by Eric Frei

More Dirty Tricks By Brisbane City Council - Fresh Evidence

A recent case that made the news.

On Friday July 22 around 9.30am Brisbane Tree Lopping was contracted to cut 3 trees back to the fence line at 2 Batman street Clayfield. The trees were owned by a lawyer and his lawyer wife at 10 Batman Street Clayfield.

Before commencing work and as the EWP was setting up BCC was called and there was no VPO order on the trees.

Channel 9 camera crew arrived around 10.30am.

Cutting commenced, I was hired to be there just in case, assist where required, video and document proceedings, liaise where necessary.

We were prohibited from cutting beyond the fence line, we were not to trespass the fence line. So where possible target cuts to AS4373 were made however where the target cut was on the other side of the fence line stubs were left so the tree owner (or his contractor) could finish them off after.

Matt Williams of The Tree Doctor arrived on the scene around 10.00am, I told him that the job was not mine and I was there to document the proceedings.

Jean Rouseaux from Brisbane City Council arrived on the scene with his co-worker. You can see me speaking with him at the very beginning of the video. Jean then went inside into the neighbours house for some time, he never spoke with anyone doing the work, the client or I again. He did not tell us to stop work. He left.

Yesterday (26 July 2011) the neighbour received a letter from Jean Rouseaux of BCC dated Friday 22 July 2011 that a new VPO (IT, Individual Trees) was put on the neighbours Leopard Tree and the next Jacaranda.

The BCC NALL states this for IT trees:-

Quote:

Some individual trees are of such environmental, historical or community significance that they warrant life long protection. Many of the impressive fig trees around Brisbane fit into this category.

I assure you there is nothing so significant about these run of the mill exotic (neither are native) trees.

There you have it. So you can move into a house after doing all the checks and bingo, a fence line tree gets protected which in turn then means you cannot touch it without a permit from BCC. It also demonstrates how frivolous BCC is and makes certainty and planning difficult. For some this could mean the land within the TPZ of the tree is rendered useless, too bad if you wanted a pool for instance, it is commandeering the use of your neighbours land. Trees are being strategically planted and used by people as weapons on their neighbours .... that fact was recognised in the UK with their Anti Social Behavioural Act - Trees 2003.

With that specific job I reiterate that the contractor by being restricted from going past the fenceline was inhibited from making the target cuts to conform to AS4373. It is another very important reason to have co-operation between neighbours. Now it is up to the tree owner to complete those cuts, could have been done on the spot on the day but access was refused.

Jean to my left and his co-worker to my right.

Drouin Tree Service · 27th July 2011, 08:03 AM

Nice morbark!!

Apocalypsse · 27th July 2011, 09:47 AM

Damn, I turned on the news @ 10 past and put up with channel 9 for an hour after that. Seems I missed it.

Sammow · 27th July 2011, 10:06 AM

Quote:

Originally Posted by Apocalypsse

Damn, I turned on the news @ 10 past and put up with channel 9 for an hour after that. Seems I missed it.

I missed it too. I had an employer who lived in batman street there. Some "money" in that street.

Eric Frei · 29th July 2011, 07:55 AM

It is also interesting to note the rhetorical logic when Brisbane City Council themselves identify the Leopard tree as a nuisance tree, now forbid them from being planted in public places (footpaths and parks).

Seed drop from them is a nuisance and part of the reason followed by unreliability post The Gap 2008 storms.

But here, the tree is on private property and not on their land, they protected it. Maybe it's OK for neighbours and residents to put up with the mess but not them?

Evidence of BCC's policy.

Death knell for dangerous Brisbane trees

Quote:

Death knell for dangerous Brisbane trees
November 8, 2009

Lord Mayor Campbell Newman and Peter Matic launch the new tree policy for Brisbane. INSET: A pedestrian stands next to a disctinctive Leopard tree in Brisbane's CBD. Photo: Tony More

Leopard trees will no longer be planted on Brisbane footpaths as the city takes stock of dangerous and nuisance trees in the wake of massive damage bill from last year's vicious summer storms.

Guidelines will be introduced at tomorrow’s Civic Cabinet which will allow Brisbane City Council to remove trees on footpaths and council parklands that are a risk to people or their property for the first time.

There are more than 543,000 trees on Brisbane City Council (BCC) footpaths and parks.

Unsuitable trees that Brisbane City Council planted on council footpaths before 2003 will not be replaced, meaning the prominent leopard trees in Adelaide Street will not be removed.

However, any tree that has been planted "illegally" on council streets since 2003 may be removed and replaced after consulting a neighbouring property owner and the local councillor.

Any tree that is removed will be replaced with one from a new set of species, expected to be endorsed tomororrow's Civic Cabinet meeting.

These new species include:
- the Ivory Curl flower from North Queensland
- the Cassa Bean tree
- the native Wisteria tree
- the Silver Trumpet tree
- the Bumpy Ash
- the Crows Ash
- the Tuckeroo or;
- - the Golden Penda

Lord Mayor Campbell Newman today explained how the new policy would work.

Before a tree is removed from a council footpath or a council-run park, council staff and aborists must judge if it is a risk to public safety; assess the tree’s significance and whether it could cause damage to property or "infrastructure".

Cr Newman promised there would be no "knee -jerk reaction" to how BCC managed the more than 540,000 trees planted on Brisbane’s footpaths.

A decision to remove a tree will have to be made by a qualified council officer or an aborist, he said.

And, under the proposals, council-planted trees cannot be removed; to improve private views, to eliminate litter, or to eliminate shadows on private properties.

Cr Newman promised to notify local communities of any street tree or park tree removals, using media and mail outs.

Trees planted by householders on their own private property that are covered by a Brisbane City Council Vegetation Protection Order (VPO), are covered separately under the policy, he explained.

"In that situation we would be adopting a similar approach," Cr Newman said.

"We would be looking at again assessing the hazard of that tree and if it was deemed to be a hazardous tree, we would be more liberal in the future with how we would deal with it," he said.

To date, council had resisted removing healthy trees even if they were close to buildings, Cr Newman said.

"And I am talking about both public and private situations here," he said.

"So this is something that is a departure from we have seen, but it still has very strict controls to make sure that trees are not being simply knocked over, just to protect views or deal with leaf litter situations."

The State Government is also setting up a new tribunal in February 2010 to hear "neighbourly disputes" over nuisance trees on private property.

Consultants KPMG reviewed council’s existing tree management policies with council staff.

The total cost was around $100,000 including BCC’s in-house wages.

New tree policy introduced > Adrian Schrinner

Quote:

New tree policy introduced

Posted on Friday, 13 November, 2009

Brisbane City Council will allow the removal of ‘nuisance’ trees on public land that endanger public safety, or pose a risk to property, as part of a major policy overhaul.

However Lord Mayor Campbell Newman said the proposed new policy, approved by Council this week, would not allow the removal of public trees for private views, or simply to eliminate litter or if the trees overshadowed private properties.

On the rare occasions trees were found to fit the ‘nuisance’ profile, and removed, Council would replace them with one or a number of trees to ensure no net loss of tree canopy.

“In the end public safety is foremost and we must strike a balance between protecting our beautiful green and leafy city and also giving people the right to raise issues,” he said.

“However I am determined to improve the green cover of Brisbane and for every ‘dangerous tree removed from public land, we will replant at least one tree in its place. Council is also committed to its program of planting two million trees by 2012.”

The policy review was conducted after storms smashed the western Brisbane suburb of The Gap in November, and attracted over 500 submissions from the public.

Council sought a peer review of the new policy to ensure it was not the result of a knee-jerk reaction to The Gap storms, in which 180km/h winds turned trees into weapons.

Under the new policy guidelines, any decision to remove a tree must consider the trees:
• risk to public safety
• significance and value
• life expectancy and condition (ie health and structure)
• ongoing maintenance costs
• nuisance level and status as a weed

The new policy would also spell an end to Council planting of Leopard Trees on public footpaths, due to problems with their expansive root systems and dropping of debris.

Cr Newman said three hectares of new native planning would be required for each hectare removed from areas of regionally significant ecological value.

He said the State Government would also introduce a tribunal in February 2010 which would hear neighbourly disputes over alleged ‘nuisance’ trees on private land.

“A lot of the damage at The Gap was caused by private trees beyond Council’s jurisdiction, however we are going to renew our focus on public trees with increased inspections and tree maintenance programs,” Cr Newman said.

“All replacement trees will be planted as close to possible to the removed trees, or at least in the local area.”

Council plants trees, then bans them - Westside News - News - Quest News

Quote:

Council plants trees, then bans them

2 Dec 09

A BRISBANE City Council mix-up has seen a group of non-native trees planted in Graceville, just a week before it announced a ban on the planting of the species on public land.

The offending leopard trees, which grow to great heights and provide only minimal shelter, have now been removed and were due to be replaced with native weeping lilly pillies over the weekend.

A council spokesman said the cost of the exercise which affected streets in eastern Graceville was $922.

Oxley Creek Environment Group secretary Jocelyn Clarkson said she was glad the issue had been resolved quickly by council.

Environment, Parks and Sustainability chairman Peter Matic said council was acting on residents’ wishes by banning leopard trees, and planned to plant two million native trees in the city by 2012.

WLAer · 29th July 2011, 09:22 PM

I've been following this thread for sometime now . Is anyone the wiser as to when this act will go to parliment/get passed as I have a escalating problem

Eric Frei · 29th July 2011, 10:16 PM

Not yet, sit tight.

What is of the greatest concern is who will be appointed Commissioner to make the rulings.

What if the Commissioner is a one eyed tree hugger or influenced by the political whims of the tree huggers? Could be on the cards, watch closely too see who and how the appointment is made to see if Queensland has evolved much since the Joh days.

What if the Commissioner is some-one who defies even the experts who have qualifications beyond theirs?

Help| 50K signatures needed for petition Brisbane

This will be the crunch, lets see the transparency or the the boys club in action.

Sammow · 30th July 2011, 12:27 AM

It always struck me as strange to plant leopard trees alongside roads and drainage. the small leaves and crap they drop on the ground clogs gutters on roof's and kerbside drainage. The roots get into the old school ceramic/teracotta type sewerage pipes between the rubber joins.
not to mention those damn seed pods... projectiles when mowing the lawn

Ok - end rant :P

Peterb · 6th August 2011, 02:21 PM

Hello there-I am a new member and have been following the Qld Dept JUstice legislation closely-I heard on the local news this week that it is through.
Good news!
It just needs to be signed by the governor and it's all go.
Am I correct?
How long does this take?
I assume all the necessary forms are already sorted out so it's just a matter of getting them-filling them in and giving copies to the neighbour.
I didn't think the legislation would get through before tha state election.
Anna Blighs reputation has risen a little for me after this.
Regards
Peterb

Eric Frei · 6th August 2011, 04:22 PM

The Neighbourhood Disputes Resolution Bill 2010 was passed by Parliament on 2 August 2011.

New laws for trees and fences

Eric Frei · 7th August 2011, 09:42 AM

Back to the specific case that had some footage shot by channel 9.

Here's a picture of the trees, you have to ask questions about appropriate planting.

Pretty much the entire crowns of the Jacarandas are regrowth, regenerated from a lop job. And to think the council put a VPO on something like that.

I hope the new law takes into account mature tree size because if your neighbour decides to plant large species right on the the fence line it will cause problems. Why plant a species that can get up to 1m dia trunk and 25m wide canopy right on the fence line? You know that 10m+ of canopy will go into your neighbouring property.

If it was not a tree but a structure you think it would be allowed? Of course not, the council will not allow you to built a structure that is a pole rising say 5m then extending into your neighbours yard by 10m. Here you can see the great new fence, not!

A back to fence line prune for that end Jacaranda would have left a stump flush with the fence, not what happened though.

Would you impose such an abomination upon your neighbour?

And why should the neighbour have to pay for pruning it or getting rid of it?

Here's a picture of how it ended up. Do note where target cuts could be made they were, where the target cut was beyond the fence line they were not, leaving a stub for the tree owner (who refused access) to complete the pruning cut. Do note the two large occluded wounds (perhaps were 250mm dia branches removed) on the lower trunk portion of the Leopard tree where in the past the branches were removed.

Eric Frei · 17th August 2011, 06:59 PM

Quote:

Originally Posted by Eric Frei

Pretty much the entire crowns of the Jacarandas are regrowth, regenerated from a lop job.

According to RTI documents received from BCC the neighbour states they have been there 20 years and The Tree Doctor has looked after the trees.

In The Tree Doctor report dated 10 September 2010 Matt Williams states, "the specimen has been heavily 'topped' 10+years prior to inspection date. Canopy now formed predominantly of epicormic sprouting."

Garry Brockley · 17th August 2011, 07:14 PM

hahaha thats funny they complain about the topping and it was them that topped it hahahahah

Jeff Darby · 17th August 2011, 07:17 PM

It never ceases to amaze me why people dont tell the truth because lies allways come back and bite you on the ass making a liar of you ! and to think they protected regrowth like that. Hillbilly madness.....

Eric Frei · 17th August 2011, 08:05 PM

It says on The Tree Doctor report, member QAA.

So hang on, this QAA is the one saying their all angels and watch out for the rest of us.

The neighbour is a lawyer so we know he'd only tell the truth.

The letter wrote verbatim, "This property has been our home for over 20 years and over that period we have sought to ensure the good health of these trees. To that end, we have regularly engaged arborists employed by The Tree Doctor, with whose reputation we believe you would be familiar."

James Sayers · 17th August 2011, 08:27 PM

if i call myself a tree doctor is it ok 4 me to top trees to or is it

just for a select few

James Sayers · 17th August 2011, 08:29 PM

the doctor will do amputations to

Eric Frei · 17th August 2011, 08:36 PM

Quote:

Originally Posted by pomie

if i call myself a tree doctor is it ok 4 me to top trees to or is it

just for a select few

It's not a topping, it's a "reduction".

Apocalypsse · 18th August 2011, 03:32 PM

Quote:

Originally Posted by Eric Frei

It's not a topping, it's a "reduction".

Or pollarding with 50 year cycles?

15th December 2010, 12:38 PM	#2
kingr Sappling Join Date: Mar 2010 Location: Brisbane Posts: 4	Re: Neighbourhood Disputes Resolution Act 2010 Queensland So this would include a root system from a Fig? Previous owners planted a fig under the assumption it will only grow 3 metres high It is now, over 10. No problems yet, but the only way I can see to maintain a root system for a well established tree like this would be to take it out!

15th December 2010, 01:44 PM	#3
Darrell Mcleod Mature tree Join Date: Jul 2010 Location: Victoria Australia Posts: 242	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Looks good to me - I wish we had something similar here in Victoria

23rd February 2011, 10:35 AM	#5
kingr Sappling Join Date: Mar 2010 Location: Brisbane Posts: 4	Re: Neighbourhood Disputes Resolution Act 2010 Queensland I would be very interested to know how this fits in with council's tree policies? Half of the foliage may over hang a neighbours yard which means the tree has been trimmed over the 10% and to stop the tree over hanging in the future may require the whole tree to be removed. I assume removing half the foliage and branches would unbalance the tree? Who has the power? I wonder, the neighbour complaining or the council? Doesn't seem to be the tree owner! So if council won't let you take the tree out, get your neighbour to complain about it!

23rd February 2011, 05:55 PM	#6
James Sayers Semi-mature vigorous tree Join Date: Jul 2007 Location: brisbane Posts: 84	Re: Neighbourhood Disputes Resolution Act 2010 Queensland bet the council will get some requests for there over hanging trees ha ha

23rd February 2011, 07:24 PM	#7
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,983	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Gets uglier I suppose if the tree is protected. __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

23rd February 2011, 09:15 PM	#8
kingr Sappling Join Date: Mar 2010 Location: Brisbane Posts: 4	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Madonna King talking about this: Billing your neighbour for overhanging trees - ABC Queensland - Australian Broadcasting Corporation (ABC)

26th July 2011, 06:37 AM	#11
Garry Brockley Bayside Tree Care Brisbane Join Date: Jun 2008 Location: Brisbane Aus Posts: 1,641	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Channel 9 are running a fence line dispute special tonight 6.00pm Tuesday looks like Eric is the arborist on site __________________ My business:- Brisbane Bayside Tree Care

27th July 2011, 08:03 AM	#13
Drouin Tree Service Veteran Heritage Status Join Date: Jan 2007 Location: Australia Posts: 1,727	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Nice morbark!! __________________ Drouin Tree Services \| Excavator Hire - Drouin and SE Gippsland \| Landclearing Melbourne

27th July 2011, 09:47 AM	#14
Apocalypsse Veteran Heritage Status Join Date: Feb 2009 Location: Victoria, Australia Posts: 1,152	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Damn, I turned on the news @ 10 past and put up with channel 9 for an hour after that. Seems I missed it.

29th July 2011, 09:22 PM	#17
WLAer I'm new here so be nice Join Date: Jul 2011 Location: Noosa Heads Australia Posts: 1	Re: Neighbourhood Disputes Resolution Act 2010 Queensland I've been following this thread for sometime now . Is anyone the wiser as to when this act will go to parliment/get passed as I have a escalating problem

29th July 2011, 10:16 PM	#18
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,983	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Not yet, sit tight. What is of the greatest concern is who will be appointed Commissioner to make the rulings. What if the Commissioner is a one eyed tree hugger or influenced by the political whims of the tree huggers? Could be on the cards, watch closely too see who and how the appointment is made to see if Queensland has evolved much since the Joh days. What if the Commissioner is some-one who defies even the experts who have qualifications beyond theirs? Help\| 50K signatures needed for petition Brisbane This will be the crunch, lets see the transparency or the the boys club in action. __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

30th July 2011, 12:27 AM	#19
Sammow Sappling Join Date: Jul 2011 Location: Brisbane Posts: 5	Re: Neighbourhood Disputes Resolution Act 2010 Queensland It always struck me as strange to plant leopard trees alongside roads and drainage. the small leaves and crap they drop on the ground clogs gutters on roof's and kerbside drainage. The roots get into the old school ceramic/teracotta type sewerage pipes between the rubber joins. not to mention those damn seed pods... projectiles when mowing the lawn Ok - end rant :P

6th August 2011, 02:21 PM	#20
Peterb I'm new here so be nice Join Date: Aug 2011 Location: Maryborough Q Posts: 1	Re: Neighbourhood Disputes Resolution Act 2010 Queensland Hello there-I am a new member and have been following the Qld Dept JUstice legislation closely-I heard on the local news this week that it is through. Good news! It just needs to be signed by the governor and it's all go. Am I correct? How long does this take? I assume all the necessary forms are already sorted out so it's just a matter of getting them-filling them in and giving copies to the neighbour. I didn't think the legislation would get through before tha state election. Anna Blighs reputation has risen a little for me after this. Regards Peterb

6th August 2011, 04:22 PM	#21
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,983	Re: Neighbourhood Disputes Resolution Act 2010 Queensland The Neighbourhood Disputes Resolution Bill 2010 was passed by Parliament on 2 August 2011. New laws for trees and fences __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

7th August 2011, 09:42 AM	#22
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,983	fenceline tree disputes batman street clayfield Back to the specific case that had some footage shot by channel 9. Here's a picture of the trees, you have to ask questions about appropriate planting. Pretty much the entire crowns of the Jacarandas are regrowth, regenerated from a lop job. And to think the council put a VPO on something like that. I hope the new law takes into account mature tree size because if your neighbour decides to plant large species right on the the fence line it will cause problems. Why plant a species that can get up to 1m dia trunk and 25m wide canopy right on the fence line? You know that 10m+ of canopy will go into your neighbouring property. If it was not a tree but a structure you think it would be allowed? Of course not, the council will not allow you to built a structure that is a pole rising say 5m then extending into your neighbours yard by 10m. Here you can see the great new fence, not! A back to fence line prune for that end Jacaranda would have left a stump flush with the fence, not what happened though. Would you impose such an abomination upon your neighbour? And why should the neighbour have to pay for pruning it or getting rid of it? Here's a picture of how it ended up. Do note where target cuts could be made they were, where the target cut was beyond the fence line they were not, leaving a stub for the tree owner (who refused access) to complete the pruning cut. Do note the two large occluded wounds (perhaps were 250mm dia branches removed) on the lower trunk portion of the Leopard tree where in the past the branches were removed. Attached Thumbnails __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

17th August 2011, 07:14 PM	#24
Garry Brockley Bayside Tree Care Brisbane Join Date: Jun 2008 Location: Brisbane Aus Posts: 1,641	Re: Neighbourhood Disputes Resolution Act 2010 Queensland hahaha thats funny they complain about the topping and it was them that topped it hahahahah __________________ My business:- Brisbane Bayside Tree Care

17th August 2011, 07:17 PM	#25
Jeff Darby Moderator - Previously known as JayD Join Date: Feb 2007 Location: TreeWorld, Sydney Australia Posts: 2,056	Re: Neighbourhood Disputes Resolution Act 2010 Queensland It never ceases to amaze me why people dont tell the truth because lies allways come back and bite you on the ass making a liar of you ! and to think they protected regrowth like that. Hillbilly madness..... __________________ Member: Australian Tree Association Join the Australian Tree Association...Have your voice heard ! Arboriculture, A life long study for some, a passing phase for others © Jeffrey J Darby 2011

17th August 2011, 08:05 PM	#26
Eric Frei Admin - Owner Palm & Tree Services in Brisbane Join Date: Jan 2007 Location: Brisbane Posts: 12,983	Re: Neighbourhood Disputes Resolution Act 2010 Queensland It says on The Tree Doctor report, member QAA. So hang on, this QAA is the one saying their all angels and watch out for the rest of us. The neighbour is a lawyer so we know he'd only tell the truth. The letter wrote verbatim, "This property has been our home for over 20 years and over that period we have sought to ensure the good health of these trees. To that end, we have regularly engaged arborists employed by The Tree Doctor, with whose reputation we believe you would be familiar." __________________ Protect your rights to work - Join Australian Tree Association My businesses:- Qualified Brisbane Tree Lopping \| Stump Grinding Brisbane \| Brisbane - Gold Coast Consulting Arborist

17th August 2011, 08:27 PM	#27
James Sayers Semi-mature vigorous tree Join Date: Jul 2007 Location: brisbane Posts: 84	Re: Neighbourhood Disputes Resolution Act 2010 Queensland if i call myself a tree doctor is it ok 4 me to top trees to or is it just for a select few

17th August 2011, 08:29 PM	#28
James Sayers Semi-mature vigorous tree Join Date: Jul 2007 Location: brisbane Posts: 84	Re: Neighbourhood Disputes Resolution Act 2010 Queensland the doctor will do amputations to

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