Dangerous Trees

Logan City Council no longer administer laws relating to nuisance trees as such matters can be dealt with privately by persons affected by trees, including under State laws.

Links from this page will redirect you to the State government website.

Avoiding disputes about trees  

It is always best to resolve any problems over trees directly with your neighbour. This will be quicker, cheaper and less stressful than taking legal action.

Whenever possible resolve any issues before they damage your relationship with your neighbour.

  • Keep on good terms with your neighbour and resolve any potential tree issues between you before they get out of hand.
  • Think carefully about the trees and shrubs you are planting; and if they may become a problem in the future discuss the potential issue with your neighbour.
  • Maintain and care for your trees and shrubs, particularly those that could affect your neighbour.

For more information go to avoiding disputes about trees.

Mediation

Another way to settle disputes between neighbours without having to go to court is through mediation. Mediation through the Dispute Resolution Centre is cheaper, easier and quicker than taking legal action and, in many cases, the process is free.  Telephone the Dispute Resolution Centre on 3239 6007 to see how they can help. 

For more information go to step by step guide for resolving tree disputes.

Is the tree protected?

Some trees may be protected or within a vegetation management area.  Do not prune or remove such trees without prior written approval from Council.  If you are unsure if a tree is protected, contact Council's Customer Service Centre on (07) 3412 3412 and ask to speak to an Environment Officer.

State laws

If you cannot resolve your concerns with your neighbour, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides processes to help neighbours resolve their disputes about trees with tree keepers. 

The Act may assist a neighbour where their land is affected by a tree at a particular time if any of the following applies:

  1. Branches from the tree overhang the land;
  2. The tree has caused, is causing, or is likely within the next 12 months to cause—
  • Serious injury to a person on the land; or
  • Serious damage to the land or any property on the land; or
  • Substantial, ongoing and unreasonable interference with the neighbour's use and enjoyment of the land.

For more information about overhanging branches go to notice to neighbours.

For more information about other matters go to what to do if a neighbour's tree is affecting you.

For more information about tree keeper responsibilities go to your responsibilities as a tree-keeper.

The Queensland Civil and Administrative Tribunal (QCAT) are given power to deal with these matters if they cannot be resolved between neighbours.  Where a matter cannot be resolved between a neighbour and a tree keeper, the neighbour may make application to QCAT and seek an order, for example - for the pruning or removal of a tree and payment of compensation.

Contacts

Queensland Government - Tree enquiries
Phone: 13 QGOV (13 74 68)

Dispute Resolution Centre - Mediation
Queensland Civil and Administrative Tribunal - applications for orders
Phone:  13 QGOV (13 74 68)