Tree Disputes in New South Wales: Damage Risk and High Hedges

New South Wales handles tree disputes through the Trees (Disputes Between Neighbours) Act 2006, heard by the Land and Environment Court. It treats damage or injury risk (Part 2) and high hedges blocking sunlight or views (Part 2A) as separate kinds of application.

Information last verified on 21 July 2026 against the primary legislation. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers tree disputes in New South Wales only, under the Trees (Disputes Between Neighbours) Act 2006 (NSW), verified 21 July 2026. It does not cover street trees, council-controlled trees, or trees on Crown land, which are excluded from Part 2A and generally regulated separately.

Governing law and the Land and Environment Court

Tree disputes in New South Wales are governed by the Trees (Disputes Between Neighbours) Act 2006 (NSW). Section 3 defines "the Court" as the Land and Environment Court, a specialist court rather than a general tribunal, distinguishing New South Wales' approach from Queensland's QCAT-based model and Tasmania's tribunal-based model.

Damage or injury risk: Part 2

Section 7 allows an owner of land affected by a tree on adjoining land to apply to the Court for an order to remedy, restrain or prevent damage to property, or to prevent injury to a person, as a result of that tree. The Court must be satisfied of certain matters before making an order, and it considers factors such as any historical or scientific value the tree has, and whether the applicant contributed to the risk. Section 13 also allows the local council or the Heritage Council to appear in the proceedings.

High hedges: a separate Part 2A application

Part 2A addresses a distinct problem: a hedge, rather than a single tree, blocking sunlight or a view. Section 14A limits this Part to groups of two or more trees planted so as to form a hedge, rising to at least 2.5 metres above existing ground level, and expressly excludes trees on Crown land. An affected owner applies separately under Part 2A, using largely the same Court process as a Part 2 application but directed at the specific problem of light or view obstruction rather than damage or injury risk.

Notice before the hearing

Section 8 requires an applicant to give notice of the application, and the terms of any order sought, at least 21 days before the hearing to the owner of the land where the tree is situated, to any relevant authority entitled to appear under section 13, and to any other person the applicant believes will be affected by the order. This notice requirement gives the tree’s owner a genuine opportunity to respond before the Court decides the matter.

What orders the Court can actually make

Section 9 gives the Land and Environment Court broad remedial power once it decides to act: it may make any order it thinks fit to remedy, restrain or prevent damage to property, or to prevent injury to a person, arising from the tree in question. Without limiting that general power, section 9(2) lists specific kinds of order the Court can make, including requiring specified action to remedy existing damage or to restrain or prevent further damage. This flexibility means an order is tailored to the actual problem, whether that calls for pruning, root barriers, or, only where the section 10 test discussed below is met, removal, rather than a fixed, one-size response.

The Court expects negotiation first

Section 10 sets a genuine precondition on making an order: the Court must not make an order under Part 2 unless it is satisfied the applicant has made a reasonable effort to reach agreement with the tree's owner, and, unless notice has been waived, that the applicant has given notice of the application in accordance with section 8. The Court also cannot make an order unless satisfied the tree has caused, is causing, or is likely in the near future to cause damage to the applicant's property, or is likely to cause injury to a person. This structure reflects the same negotiate-first pattern found in the Act's fencing counterpart and in the dedicated tree statutes of Queensland and Tasmania: an application that skips straight past a genuine attempt to resolve the issue directly with the neighbour is not one the Court is required to grant.

Nuisance is excluded where the Act applies

Section 5 states plainly that "no action may be brought in nuisance" as a result of damage caused by a tree covered by Part 2, or obstruction of sunlight or a view caused by trees covered by Part 2A. This means a New South Wales landholder facing a qualifying tree or hedge problem cannot choose to sue in private nuisance instead; the Land and Environment Court application under the Act is the available path. See tree disputes in Australia for how this compares with jurisdictions that still rely on the common law.

This page is general legal information about neighbour disputes in Australia, verified on 21 July 2026. It is not legal advice, and it does not cover every situation. For advice about your own dispute, consult a legal practitioner admitted in the relevant Australian state or territory.