Tree Disputes in Tasmania: A Dedicated Statute Few Expect

Tasmania has its own dedicated tree-dispute statute, the Neighbourhood Disputes About Plants Act 2017, heard by the Appeal Tribunal within TASCAT. It is one of only three Australian jurisdictions with a purpose-built tree law, alongside New South Wales and Queensland.

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 Tasmania only, under the Neighbourhood Disputes About Plants Act 2017 (Tas), verified 21 July 2026 directly against the current AustLII text of sections 12, 13, 19 and 20. It does not cover Tasmania’s separate dividing fences Act; see the linked fencing page for that.

A dedicated tree statute, easy to overlook

Many summaries of Australian tree law mention only New South Wales and Queensland as having a dedicated statute. Tasmania has one too: the Neighbourhood Disputes About Plants Act 2017 (Tas), a purpose-built Act covering plant-related disputes between neighbours, heard by the Appeal Tribunal within the Tasmanian Civil and Administrative Tribunal (TASCAT) under Part 4 of the Act.

The right of abatement, and the return-of-plant-material myth

Section 12(1) confirms the Act does not affect the common law right of abatement, except as the Act itself provides. Section 12(2) is the key provision correcting a common misconception: "A person who exercises the common law right of abatement by removing a part of a plant may, but is not required to, return the part of the plant to the landholder of the land on which the plant is situated." Nothing in Tasmanian law requires offering the trimmings back. Doing so can be a reasonable, neighbourly gesture, particularly for fruit, but it carries no legal weight either way.

Entering land: notice required

Section 13 allows a person to enter land owned by another person to deal with a plant dispute, but only where authorised under the Act and, in most circumstances, only after giving at least 7 days’ written notice to the landholder, and to any lessee the person believes is on the land, specifying the intended day of entry. This notice requirement does not apply to entry under a branch-removal notice permission or an interim Appeal Tribunal order, which have their own, separate authorisation. Entering a neighbour's land without this kind of authorisation is not something the Act, or this article, supports.

Attempting to resolve the dispute first

Section 19 places a mutual obligation on both the affected landholder and the plant owner: each must make reasonable attempts to prevent the affected land being affected by the plant, or to minimise the degree to which it is affected, before the dispute escalates further. This reflects Part 3 of the Act, headed "Informal Dispute Resolution," which sits ahead of Part 4’s formal Appeal Tribunal process.

The Appeal Tribunal checks for genuine negotiation first

Section 26 gives the Appeal Tribunal a specific gatekeeping role before it even hears an application. Before the hearing, the Tribunal must consider whether the parties have made reasonable attempts to resolve the matter, and if it is not satisfied that they have, it may direct the parties to attempt to resolve the matter before proceeding further. This builds directly on the section 19 obligation described above; where informal resolution has not genuinely been attempted, the Appeal Tribunal itself can pause a formal application and send the parties back to try again, rather than deciding the dispute outright.

General responsibilities of a landholder

Separately from the notice and abatement provisions, section 10 sets out an underlying responsibility every landholder has towards their neighbours: severing and removing branches that overhang another area of land, and ensuring the plant does not cause serious injury, serious damage, or substantial, ongoing and unreasonable interference with the use and enjoyment of another area of land. Section 10(3) makes clear this responsibility does not itself create a civil cause of action; it is a statement of the standard the Act's actual mechanisms, informal resolution, the branch-removal notice, abatement and the Appeal Tribunal process, are built around.

The branch-removal notice

Where informal resolution does not work, section 20 lets an affected landholder give the plant’s owner a formal branch-removal notice, covering branches extending at least 50 centimetres onto the affected land and sitting no more than 2.5 metres above ground level. The notice must specify a removal day at least 30 days after it is given, and can request the owner to identify who will do the work and grant permission for that person to enter the affected land, between 8 am and 5 pm on the specified day, to sever and remove the branches. Section 21 sets out what action can follow if the notice is not complied with, and applications that cannot be resolved this way proceed to the Appeal Tribunal under Part 4.

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.