Date: Mon, 8 Jan 2007 14:49:48 +1100

From: Neil Foster

Subject: NSW law abolishing nuisance re trees

Dear Colleagues;

A very happy New Year to all! Just a minor development which will mainly be of interest to Australians, though it illustrates a trend for legislation to over-ride the common law with perhaps unintended consequences. I have just noticed that the NSW Parliament at the end of last year enacted the Trees (Disputes Between Neighbours) Act 2006 which in s 5 abolishes the action for nuisance "as a result of damage caused by a tree to which this Act applies" (mainly those on private property as opposed to publicly owned land). Action in relation to intruding tree roots, once this legislation commences, will have to be taken in the Land and Environment Court (a specialised court separate to the Supreme Court) and be based on the specific provisions of this Act.

Regards
Neil Foster

Neil Foster
Lecturer & LLB Program Convenor
School of Law
Faculty of Business & Law
University of Newcastle
Callaghan NSW 2308
AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931

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