Skip Ribbon Commands
Navigate Up
Sign In

Skip Navigation LinksHome > Environment > Trees > Tree Disputes
Tree disputes

​Tree Disputes

Currently Council does not mediate disputes between neighbours regarding trees. Conflict over the management of private trees in neighbouring properties is the responsibility of both neighbours to resolve.
 
Where attempts for mediation between parties has failed, the opportunity exists for an owner of land to apply to the NSW Land and Environment Court, under the provisions of the Trees (Disputes Between Neighbours) Act 2006 , for an order to remedy, restrain or prevent damage to the owner’s property, or to prevent injury, as a consequence of a tree situated on adjoining land. 
 

The Trees Act aims to provide a simple, inexpensive and accessible process for resolving neighbour disputes about trees.
 
The Trees (Disputes Between Neighbours) Act 2006 operates for applications made to the Land and Environment Court (www.lawlink.nsw.gov.au/lec) under Part 2 (damage to property and injury to persons) after 2 February 2007 and for applications under Part 2A (high hedges) after 2 August 2010.
 
Following a review of the original legislation, from 2 August 2010, the Trees Act contains two operative Parts.
 
The first is Part 2 and is the original legislative framework dealing with damage to property or likelihood of injury to persons.
 
The new Part (Part 2A), operating from 2 August 2010, deals with high hedges that severely obstruct sunlight to a window of a dwelling or a view from a dwelling.
 
The Trees Act applies to trees that are on privately owned land in a "residential" zone or in zones called "village", "township", "industrial" or "business" or zones which are of the same type as such a zone but may be called a different name.
 
If you believe that your situation requires this type of remediation. You must make an application in writing and you must fill in an application form and one or both of the claim forms.
 
You can obtain these using this link:  Trees Disputes Act Application and Claim forms
© Copyright 2010 Auburn City Council.   All rights reserved.