Neighbourhood Tree Disputes: Consultation Paper

Structure of this paper

This consultation paper is divided into seven chapters. Each chapter deals with a distinct aspect of law and policy, and some pose questions to inform the Commission’s research recommendations in that area.

Chapter 1 introduces the paper, and provides background to the project and the issues raised. It explains the scope of the project, and includes information on how to participate in the inquiry.

Chapter 2 outlines the many different types of tree dispute that may occur, and sets out examples of each in case studies.

Chapter 3 sets out the law governing tree disputes in Victoria, and explains the processes typically undertaken to resolve disputes. It also notes where Victorian legislation may affect action taken in tree disputes.

Chapter 4 examines the regulation of vegetation in Victoria, and sets out the structure of Victorian planning law and relevant local controls, including overlays. It also provides examples of tree protection and management from local government areas, where they have the potential to affect the management of private trees.

Chapter 5 canvasses approaches to resolving tree disputes in other jurisdictions, including the statutory frameworks in New South Wales, Queensland and Tasmania, and highlights some notable approaches in international jurisdictions.

Chapter 6 examines both the criticisms and the benefits of the current system in Victoria, and provides options for reform for public comment and input. The majority of questions about change to the current Victorian system are in this chapter.

Chapter 7 briefly concludes the paper.