Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld)

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011

An Act to deal with matters about dividing fences and trees

Chapter 1 Preliminary

1 Short title This Act may be cited as the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Objects of Act The objects of this Act are— (a) to provide rules about each neighbour's responsibility for dividing fences and for trees so that neighbours are generally able to resolve issues about fences or trees without a dispute arising; and (b) to facilitate the resolution of any disputes about dividing fences or trees that do arise between neighbours.

4 Definitions The dictionary in the schedule defines particular words used in this Act.

5 Relationship with other Acts or laws Unless otherwise expressly provided for in this Act, this Act does not affect the operation of another Act or law. Example— The Electricity Act 1994, the Transport Infrastructure Act 1994 and the Vegetation Management Act 1999 also contain provisions about trees.

6 Act binds all persons This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth.

Chapter 2 Dividing fences

Part 1 Introduction

7 Overview (1) A sufficient dividing fence is required between 2 parcels of land if an adjoining owner requests a dividing fence. (2) Generally, neighbours must— (a) contribute equally to the building and maintaining of a sufficient dividing fence; and (b) not attach something to a dividing fence that materially and unreasonably alters or damages it. (3) This chapter encourages neighbours to attempt to resolve a dividing fence issue informally. (4) However, if neighbours can not resolve a dividing fence issue, the dispute may be taken to QCAT for resolution.