Neighbour tree law in New South Wales: the Trees (Disputes Between Neighbours) Act 2006

This page reports what the official source says. It is not legal advice: ask the office named here. It describes the New South Wales position as read on October 8, 2026 on the Land and Environment Court site, the Legal Aid NSW site and the Court's Form C. The section numbers below are the ones the Court's form and pages name.

What the Act covers

The Land and Environment Court's Class 2 page says proceedings under the Trees (Disputes Between Neighbours) Act 2006 are applications to the Court to remedy, restrain or prevent damage or injury to any person as a consequence of a tree, and to prune or remove hedges severely obstructing sunlight to a window of a house or a view from a house. It says a commissioner of the Court, usually with specialist knowledge and expertise in these matters, hears tree disputes. Legal Aid NSW says the Act applies to trees on private neighbouring land and does not apply to trees on council or government owned land.

The Court's Form C names the two kinds of application by section. An application for damage to property or injury to a person is made under section 7, in Part 2 of the Act. An application about high hedges is made under section 14B, in Part 2A. The form says the only orders the Court can make are those permitted by section 9 or section 14D.

What counts as a tree or a hedge

Legal Aid NSW says the Act defines a tree as any woody perennial plant, any plant resembling a tree in form and size, or any other plant prescribed by the regulations. It says the Trees (Disputes Between Neighbours) Regulation 2024 adds bamboo, tiger grass, giant clumping grass and any plant that is a vine, and that the Regulation gives the prescribed definition for section 3(1) of the Act. It says the Act defines a hedge as two or more trees over 2.5 metres high, measured above ground level, that are planted together to form a hedge.

Notice, time limits and filing

Legal Aid NSW lists a 21 day notice: an applicant for a tree order gives the neighbour at least 21 days notice of the application unless the Court makes different orders, and gives the same notice to the local council where there is a Tree Preservation Order and to the Heritage Council where there is a Heritage Order. It lists a separate six year time limit to claim compensation if a tree has caused damage to property.

Form C asks for the applicant's details, the address and the Lot and Deposited Plan number of the property where the trees stand, the local council and the zoning, and the owner and any separate occupier as respondents. It states the number of copies to lodge: the original plus 3 where the owner of the tree property is also the occupier, the original plus 4 where the owner is not the occupier, and one more copy where the tree is heritage listed. It says the applicant must give a copy of the application and supporting documents to the owner, the occupier if different, the local council and, where relevant, the Heritage Council, by a time and date the Court fills in. The form says a court filing fee is payable with each application and points to the Court's schedule of fees. Legal Aid NSW says a person who cannot afford the fee can apply to have it waived or postponed in certain circumstances.

Costs and how long cases take

Legal Aid NSW says that when a Commissioner makes an order about a tree, the Commissioner does not have the power to order payment of legal costs, and that a party who wants to claim legal costs has the application decided by a Judge of the Court. The Court's page reports figures for 2024: of the tree disputes finalised, 75% concerned a tree causing damage to property or injury to a person and 25% concerned a hedge severely obstructing sunlight or views. It reports that 75% were finalised within 6 months of commencement, that the median completion time was 108 days, that at least one party was self-represented in 84% of matters, and that 19% were finalised by alternative dispute resolution or negotiated settlement without a hearing. The page was last updated June 16, 2026.

Branches over the boundary and access

Legal Aid NSW lists overhanging branches, Tree Preservation Orders and the Access to Neighbouring Land Act 2000 among the topics around its tree page. It describes that Act as enabling courts to make orders permitting access to land by persons not otherwise entitled to it, for the purpose of carrying out work on their own land or on utility services.

See the guide on entering a neighbour's land, the guide on council tree rules in Australia and New Zealand, the Queensland page and the neighbour tree law overview.