Appendix: Common law torts and their equivalent interstate statutory provisions

Victoria

New South Wales

Queensland

Tasmania

Basis of legal action

Requirement

Basis of legal action

Requirement

Basis of legal action

Requirement

Basis of legal action

Requirement

Damage

eg, A large branch falls and damages property

Nuisance and/or negligence

Any degree of damage resulting from nuisance or a negligent act

Trees (Disputes Between Neighbours) Act 2006 (NSW) s 7

Any degree of damage

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) s 46(a)(ii)(B)

Serious damage

Neighbourhood Disputes About Plants Act 2017 (Tas) s 7(1)(b)(ii)

Serious damage

Future damage

eg, Property is likely to be damaged in the future by the falling of a large overhanging branch

Nuisance

Unreasonable interference with the use and enjoyment of land

A quia timet injunction may be granted to restrain apprehended nuisance that will cause imminent and substantial damage.

Trees (Disputes Between Neighbours) Act 2006 (NSW) s 7

Tree is likely to cause any degree of damage in the near future (interpreted to mean within 12 months)

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) s 46(a)(ii)(B)

Tree is likely to cause serious damage within the next 12 months

Neighbourhood Disputes About Plants Act 2017 (Tas) s 7(1)(b)(ii)

Tree is likely to cause serious damage within the next 12 months

Harm

eg, a large overhanging branch falls and causes personal injury

Negligence

Any degree of injury resulting from a negligent act

Trees (Disputes Between Neighbours) Act 2006 (NSW) s 7

Any degree of injury resulting from a tree

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) s 46(a)(ii)(A)

Serious injury resulting from a tree

Neighbourhood Disputes About Plants Act 2017 (Tas) s 7(1)(b)(i)

Serious injury resulting from a tree

Future harm

eg, unable to use and enjoy property due to the threat of being harmed by a falling branch

Nuisance

Unreasonable interference with the use and enjoyment of land

A quia timet injunction may be granted to restrain apprehended nuisance that will cause imminent and substantial harm.

Trees (Disputes Between Neighbours) Act 2006 (NSW) s 7

Tree is likely to cause any degree of injury

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) s 46(a)(ii)(A)

Tree is likely to cause serious injury within the next 12 months

Neighbourhood Disputes About Plants Act 2017 (Tas) s 7(1)(b)(i)

Tree is likely to cause serious injury within the next 12 months

Interference with land (cf. damage)

eg, an overhanging branch that drops leaf litter

Nuisance

Unreasonable interference with the use and enjoyment of land

Nuisance

Unreasonable interference with the use and enjoyment of land

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) s 46(a)(ii)(C)

Substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land

Neighbourhood Disputes About Plants Act 2017 (Tas) s 7(1)(b)(iii)

Substantial, ongoing and unreasonable interference with the use and enjoyment of the neighbour’s land

Unauthorised entry onto land

eg, Pruning a tree beyond boundary lines or entering neighbouring land to deal with a tree

Trespass

Intentional and direct physical intrusion onto land

Trespass

Intentional and direct physical intrusion onto land

Trespass

Intentional and direct physical intrusion onto land

Trespass

Intentional and direct physical intrusion onto land