Tree Disputes in Queensland: Abatement, Notices and QCAT

Queensland handles tree disputes in Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, the same Act that governs its fences. A neighbour can cut overhanging branches back to the boundary, or use a formal branch-removal notice, before applying to QCAT.

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 Queensland only, under Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), verified 21 July 2026. It does not cover Queensland’s dividing fences rules in Chapter 2 of the same Act; see the linked fencing page for that.

Governing law and QCAT

Queensland’s tree-dispute rules sit in Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), the same statute that governs the state’s dividing fences in Chapter 2. Tree disputes are decided by the Queensland Civil and Administrative Tribunal (QCAT). Chapter 3 defines its own set of roles and terms: a "tree-keeper" is generally the owner of the land the tree is situated on, and a "neighbour" is the owner of land affected by the tree, under sections 48 and 49.

The right of abatement, and the return-of-branches myth

Section 54 preserves the common law right of abatement for trees in Queensland, letting a neighbour remove part of a tree, an overhanging branch containing fruit is the Act’s own example, without first needing the tree-keeper’s permission. Section 54(2) then directly addresses what happens to the removed material: the neighbour "may, but is not required to, return the removed part to the tree-keeper." This closely mirrors Tasmania’s equivalent provision and confirms that returning cuttings, even fruit, is a courtesy rather than a legal obligation anywhere the point has been directly legislated in Australia.

The branch-removal notice: an alternative to self-help

Instead of exercising abatement personally, a neighbour can use the formal notice process in section 57. This applies to branches that extend at least 50 centimetres over the neighbour’s land and sit no more than 2.5 metres above the ground. The notice, given to the tree-keeper, must specify a removal deadline of at least 30 days, ask the tree-keeper to identify who will do the work and when, and can give the tree-keeper or their contractor permission to enter the neighbour’s land on the specified day to cut and remove the branches. This gives the tree-keeper the option of doing the work themselves, rather than the neighbour exercising the abatement right directly.

Damage and injury risk

Beyond overhanging branches, Chapter 3 also addresses trees that pose a risk of serious injury or serious damage. An application about this kind of risk goes to QCAT, which must consider specific matters set out in the Chapter, including the extent of the risk and, where relevant, the value of the tree to its keeper and to the local ecosystem or streetscape.

QCAT expects negotiation first, and avoids ordering removal

Beyond overhanging branches, Chapter 3 Part 5 lets a neighbour apply to QCAT about other tree issues, such as a serious risk of injury or damage, or substantial, ongoing and unreasonable interference. Section 65 sets real preconditions before QCAT can make an order: the neighbour must have made a reasonable effort to reach agreement with the tree-keeper, taken all reasonable steps to resolve the issue under any relevant local law or council process, and, for an overhanging-branch issue, shown the branch-removal notice process could not properly resolve it. Section 72 then states a clear default for whatever order QCAT does make: "a living tree should not be removed or destroyed unless the issue relating to the tree can not otherwise be satisfactorily resolved." Together, these provisions confirm that removing a neighbour's tree is treated as a last resort, not a first response, even once a formal QCAT application is underway.

Responsibilities of a tree-keeper

Section 52 sets out the general responsibilities a tree-keeper has: cutting and removing branches that overhang a neighbour's land, and ensuring the tree does not cause serious injury, serious damage, or substantial, ongoing and unreasonable interference with a neighbour's use and enjoyment of their land. Section 52(3) is an important qualification: this section does not itself create a civil cause of action for a breach of these responsibilities. Its purpose, as the Act's own note explains, is to help a tree-keeper and a neighbour resolve issues without a dispute arising; the branch-removal notice, abatement right and QCAT application process described above are the actual mechanisms the chapter provides for dealing with a tree-keeper's responsibilities in practice.

How Queensland compares

Queensland’s branch-removal notice and its abatement provision are almost identical in structure to Tasmania’s equivalent tree statute, though heard by a different forum, QCAT rather than TASCAT’s Appeal Tribunal. See tree disputes in Australia for the full comparison, and tree disputes in Tasmania for the closely parallel Tasmanian process.

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.