Legal Comment by Mark Illidge

June 2010

Have your say on fencing and trees legislation

Public consultation on the Neighbourhood Disputes Resolution Bill 2010 (“the Bill”) closes on 9 July 2010. Consultation with stakeholders in relation to the key issues, namely dividing fences and trees, has been undertaken in a variety of forms over the past few years. This has culminated in the Bill, which aims to reduce the likelihood of disputes, while providing a new avenue for unresolved disputes through the Queensland Civil and Administrative Tribunal (QCAT).
The new legislation will replace the Dividing Fences Act 1953, and introduce comprehensive coverage of trees.
Some of the main areas covered by the Bill include:
· the definition of a fence e.g. includes hedges
· clarification that retaining walls are not fences
· consideration of boundary lines
· ownership rules relating to dividing fences
· consideration of prescribed rural land, including where it adjoins a residential development
· rules relating to pool fencing where it forms the dividing fence
· urgent fencing work
· the concept of ‘tree keepers’ being the owner of a tree
· common law application to overhanging branches, supplemented by additional rules
· how the legislation links to local government
· two new forms, namely: ‘Notice for contribution to fencing work’ and ‘Notice for overhanging branches’
· if necessary, dispute resolution through QCAT.
If a QCAT ‘application’ or ‘order’ applies to a block of land, the seller of the property should consult their lawyer before they sign a Contract of Sale, to ensure that they meet their legal obligations.
The Bill and supporting material are refreshingly easy to read, in terms of language and style. You can get more information on the Bill and provide feedback at www.justice.qld.gov.au.

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