Trees (Disputes Between Neighbours) Act 2006 (NSW)

Trees (Disputes Between Neighbours) Act 2006 No 126

An Act to provide for proceedings in the Land and Environment Court for the resolution of disputes between neighbours concerning trees; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Trees (Disputes Between Neighbours) Act 2006.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— council has the same meaning as it has in the Local Government Act 1993. Crown land has the same meaning as it has in the Crown Land Management Act 2016. interfere with a tree includes cut down, fell, remove, kill, destroy, poison, ringbark, uproot or burn a tree or any part of a tree (including its roots). owner of land includes the occupier of the land. the Court means the Land and Environment Court. tree includes any woody perennial plant, any plant resembling a tree in form and size, and any other plant prescribed by the regulations. window includes a glass sliding door, a door with a window, a skylight and any other similar thing. (1A) For the purposes of this Act— (a) a reference to land within a zone designated "rural-residential" includes a reference to land within a "large lot residential" land use zone, and (b) a reference to land within a particular designated zone includes a reference to land within any zone prescribed by the regulations as a zone equivalent to that particular designated zone but does not include a reference to land within any zone prescribed by the regulations as a zone that is not equivalent to that particular designated zone. (2) Notes included in this Act do not form part of this Act.

4 Act applies to trees on certain land (1) This Act applies only to trees situated on the following land— (a) any land within a zone designated "residential", "rural-residential", "village", "township", "industrial" or "business" under an environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979) or, having regard to the purpose of the zone, having the substantial character of a zone so designated, (b) any land of a kind prescribed by the regulations for the purposes of this section. (2) This Act does not apply to trees situated on— (a) any land that is vested in, or managed by, a council, or (b) any land of a kind prescribed by the regulations. (3) For the purposes of this Act, a tree is situated on land if the tree is situated wholly or principally on the land. (4) Without limiting subsection (3), a tree that is removed following damage or injury that gave rise to an application under Part 2 is still taken to be situated on land for the purposes of the application if the tree was situated wholly or principally on the land immediately before the damage or injury occurred.