Neighbour tree law in Queensland: the Neighbourhood Disputes Act 2011
Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 sets out a tree-keeper's responsibilities, a notice for low overhanging branches and the orders the Queensland Civil and Administrative Tribunal can make. This page restates the sections and the two government pages that explain them.
Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It describes the Queensland tree law as read on October 8, 2026 on the Queensland legislation site, the Queensland Government site and the tribunal's site.
Which trees the Act covers
Section 42 lists the land the trees chapter applies to, which includes land recorded in the freehold land register. Section 42(3) says the chapter does not apply to trees on rural land, on a parcel of land of more than 4 hectares, or on local government land used as a public park. Section 42(4) leaves out trees planted or maintained for commercial purposes, under an order of a court or tribunal, or as a condition of a development approval. The tribunal's page repeats these limits and says the laws apply to trees on residential land only.
Section 45 says a tree is any woody perennial plant, any plant resembling a tree in form and size, a vine, or a plant prescribed by regulation. The section gives bamboo, banana plant, palm and cactus as examples, and says a tree includes a bare trunk, a stump rooted in the land and a dead tree. Section 43 says the chapter does not authorise work that would be unlawful under another Act, and the Queensland Government page adds that anyone cutting branches must comply with tree or vegetation protection orders.
The tree-keeper's responsibilities
Section 52 says a tree-keeper is responsible for cutting and removing branches that overhang a neighbour's land, and for ensuring the tree does not cause serious injury to a person, serious damage to land or property, or substantial, ongoing and unreasonable interference with a person's use and enjoyment of land. Section 52(3) says the section does not create a civil cause of action. The Queensland Government page says that in most cases a tree-keeper is the registered owner of the land the tree grows on, and that an organisation or body corporate can be one.
Section 46 says land is affected by a tree when branches overhang it, or when the tree has caused, is causing, or is likely within the next 12 months to cause serious injury, serious damage, or substantial, ongoing and unreasonable interference. Section 54 leaves the common law right of abatement in place and says a neighbour who removes part of a tree may, but is not required to, return it to the tree-keeper. The Queensland Government page describes abatement as removing overhanging branches and roots to the boundary line.
The branch notice
Section 57 covers a written notice asking the tree-keeper to cut and remove overhanging branches. It applies only to a branch that extends at least 50cm over the neighbour's land from the common boundary, and only to the part that is 2.5m or less above the ground. The notice must state a time at least 30 days after it is given, ask for written notice of who will do the work and on what day, give permission to enter the land on that day between 8.00a.m. and 5.00p.m., and come with at least one written quotation and a copy of the part. Permission does not cover entering a dwelling. A second notice cannot be given within 12 months. The section notes that it is for the neighbour to consider public liability insurance and for the tree-keeper to consider a contractor's insurance.
Section 58 applies if the branches are not removed in the time notified. The neighbour may cut and remove them or arrange for someone else to, may but need not return them, and entry to the tree-keeper's land is not authorised. The tree-keeper is liable for the neighbour's reasonable expenses to a maximum of AU$300, which the neighbour may recover as a debt. The Queensland Government page uses the same figures and says branches more than 2.5m above the ground that overhang by at least 0.5m can be taken to the tribunal.
Tribunal orders
Part 5 lets the tribunal make orders where the notice process does not resolve the issue. Section 66 lists the orders, and the Queensland Government page gives examples: annual maintenance work, a survey to clarify who owns the tree, authority for a person to enter land to get a quote or do work, compensation or repair costs, an arborist's report, and removal of the tree. The tribunal's page says removal will only be ordered if no other satisfactory outcome can be achieved. It says the tribunal will not necessarily make an order because branches overhang or leaf litter falls, and that compensation for damage can be applied for even if the tree has been removed, unless the tree-keeper has since sold the land.
The Queensland Government page lists what it treats as unreasonable interference, including interference with television or satellite reception or solar panels, shade on a window or the roof of a dwelling from a tree at least 2.5m high, substantial and ongoing tree litter, and an obstructed view that existed when the applicant took possession. It says normal tree litter such as leaves, flowers, fruit and seeds is usually not enough for an order. Section 78 says an order lapses 10 years after it is made unless it says otherwise. Section 77 makes failing to comply with an order, without reasonable excuse, an offence with a maximum penalty of 1,000 penalty units, which the Queensland Government page gives as a fine of up to AU$100,000. The tribunal's page gives the cost of a tribunal-appointed tree assessor as AU$1,200 and says orders are added to a public tree orders register.
Protected trees are covered in the guide on council tree rules in Australia and New Zealand, and the other places are on the neighbour tree law overview.