Dividing Fences Act 1991

The Land and Environment Court has jurisdiction to hear and determine matters arising under this Act in proceedings to which this section applies.

This section only applies if:

application for the exercise of the jurisdiction is made in relation to proceedings under section 7 of the Trees (Disputes Between Neighbours) Act 2006 that have been commenced but not determined, and

the tree that is the subject of those proceedings:

has caused, is causing, or is likely in the near future to cause damage to a dividing fence, or

is part of a dividing fence and 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 any person.

The Land and Environment Court may, of its own motion or on an application by a party to an application under this Act that is before the Local Court or the Civil and Administrative Tribunal, transfer the application that is pending in the Local Court or in the Civil and Administrative Tribunal to the Land and Environment Court if:

the application is relevant to proceedings under section 7 of the Trees (Disputes Between Neighbours) Act 2006 that have been commenced in the Land and Environment Court but have not been determined, and

the tree that is the subject of those proceedings:

has caused, is causing, or is likely in the near future to cause damage to a dividing fence, or

is part of a dividing fence and 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 any person, and

the Land and Environment Court is satisfied that there is sufficient reason for the application under this Act to be heard and determined by the Land and Environment Court.

An application that is transferred to the Land and Environment Court under subsection (3) is to be continued in the Land and Environment Court and determined by the Land and Environment Court as part of the related proceedings under section 7 of the Trees (Disputes Between Neighbours) Act 2006.

For the purposes of any proceedings to which this section applies, a reference to the Local Court in this Act (except sections 13 (2), (3) and (4) and 19 (2) and (3)) is taken to include a reference to the Land and Environment Court.