Regulation Advisory Committee - 26 Aug 2026 1:30 PM

Topics

• Council keeps power to intervene in dangerous-tree cases involving public risk or exceptional circumstances
  Local-law review preserves Council’s ability to regulate dangerous trees beyond private-neighbour disputes where public safety, public nuisance, Council assets or exceptional circumstances are involved.
  Tree complaints can affect public safety, property owners and Council infrastructure; the amended position defines when Council may intervene.
• Private tree disputes remain primarily a matter for neighbours and QCAT
  Council is not to act as a parallel tribunal for tree disputes confined to neighbouring private properties.
  Residents may need to use the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 and QCAT rather than seek Council intervention.
• Council to prepare paper on recording devices around pools
  A council-wide discussion paper will outline what Brisbane City Council is implementing regarding recording devices around pools.
  The paper may clarify privacy, safety and operational expectations for residents and pool operators, although no new policy was adopted.

Decisions

• Amended approach to dangerous-tree regulation
  The committee agreed to amend the proposed recommendation so new local laws may regulate trees and vegetation where necessary to address a genuine risk to public health and safety, a public nuisance, an impact on Council-controlled land, infrastructure or operations, or other exceptional circumstances. The proposed separate recommendation directing private landowners to the statutory dispute process was deleted.
  Council is expected to focus enforcement on public risks and Council interests rather than routinely determining disputes confined to neighbouring private properties.

Discussion

• Private tree disputes
  The committee noted that disputes confined to neighbouring private properties are ordinarily civil matters under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, with QCAT jurisdiction.
  Residents involved in a private tree dispute may need to use the statutory dispute process rather than rely on Council as an alternative tribunal.
• Pool recording devices
  The General Manager, Corporate Services was asked to prepare a discussion paper for all councillors on what Brisbane City Council is implementing in relation to recording devices around pools.
  The follow-up may clarify Council’s approach to recording devices at or around pools, but no policy change was adopted at this meeting.
• Footpath and verge issues
  Members raised gardens on footpaths, mowing footpaths surrounding commercial properties and parking on footpaths for discussion.
  These issues may affect pedestrian access, property maintenance responsibilities and enforcement, but no decision was recorded.

Impacts

• Council’s dangerous-tree role will remain centred on genuine public safety risks, public nuisances, Council-controlled land, infrastructure, operations and exceptional circumstances.
• Private disputes between neighbouring landowners about trees will generally remain matters for the statutory dispute process and QCAT.
• A discussion paper on recording devices around pools is to be circulated to councillors.

Next

• Continue the local-law review with the amended dangerous-tree regulation wording.
  During the ongoing comprehensive local-law review.
• General Manager, Corporate Services to prepare and circulate a discussion paper on Council’s implementation regarding recording devices around pools.
  Timing not specified; paper to be circulated to all councillors.

Extract

26 AUGUST 2026 UNCONFIRMED REPORT OF REGULATION ADVISORY COMMITTEE NO. 2026(03)] of 4 UNCONFIRMED REPORT OF REGULATION ADVISORY COMMITTEE NO. 2026(03) 26 AUGUST 2026 REPORT ATTENDANCE: Councillor Paul Tully (Chairperson); Councillors Jim Madden (Deputy Chairperson), Andrew Antoniolli, Jacob Madsen (Observer), David Martin (Observer) and Pye Augustine (Observer)(via audio-link) APOLOGIES: Councillor Marnie Doyle OFFICER’S ATTENDANCE General Manager Corporate Services (Matt Smith), General Manager Planning and Regulatory Services (Brett Davey), Principal Officer Governance (Barb Dart), Manager, Compliance (Alisha Connaughton), Manager Strategy, Governance and Performance (Haiden Taylor), Mana...