The Trees (Disputes Between Neighbours) Act 2006 (the Act) commenced on 4 December 2006 and provides a new remedy for neighbourhood tree disputes.
Under the Act, the Land and Environment Court (the Court) has the power to make orders concerning trees that have caused, are causing, or are likely to cause damage to property, or are likely to cause injury to any person on land zoned residential, village, township, industrial or business or land having the substantial character of such a zone, with only minor exceptions. .
Land owners may now apply to the Court for an order to remedy, restrain or prevent damage to property, or to prevent injury to any person, as a consequence of a tree that is wholly or principally situated on adjoining land. The Act allows an application to be made to the Court before any actual damage or loss occurs. Where the Act is available, the right to bring an action in nuisance will be abolished.
