Neighbourhood Tree Disputes: Consultation Paper

Posted on December 15, 2017

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