funding · Ipswich City Council
Private tree fights stay out of Ipswich Council’s new local-law rules
The Regulation Advisory Committee added an exceptional-circumstances clause while removing a proposed direction to send private landowners to the statutory dispute process.
Ipswich City Council will retain power to regulate dangerous trees where they pose a genuine public safety risk, create a public nuisance or affect Council land, infrastructure or operations. Private disputes between neighbouring landowners will generally remain outside that role.
The Regulation Advisory Committee agreed to add “or where other exceptional circumstances exist” to the proposed wording for the new local laws. The amendment was proposed by committee chair Cr Paul Tully, and the members present agreed to it.
The committee also deleted a separate recommendation that would have directed private landowners to the statutory processes established by the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011.
That Act sets out the rights, responsibilities and procedures for disputes between neighbours about trees and dividing fences. The committee noted that QCAT has jurisdiction to determine those matters when the effect of a tree is confined to neighbouring private properties.
The committee’s report said Council should not operate as a parallel or alternative tribunal for private tree disputes. It said doing so would duplicate the State statutory process, use public resources for predominantly private benefit and expose Council to legal, operational, liability and insurance risks.
The amended wording is part of Ipswich’s ongoing comprehensive local-law review. It will guide the drafting of the new laws, which have not yet commenced.
Residents in private tree disputes will generally need to use the statutory process rather than rely on Council to decide the matter. Council’s role remains available where a tree creates a genuine public hazard or nuisance, affects Council-controlled land, infrastructure or operations, or falls within the added exceptional-circumstances category.
The committee also asked the General Manager, Corporate Services to prepare a discussion paper for all councillors on what Brisbane City Council is implementing in relation to recording devices around pools. No policy change on pool recording devices was adopted at the meeting.
Reference minutes
This report is based on the Ipswich City Council Regulation Advisory Committee meeting held on 26 August 2026.
Key facts from the minutes
- The Regulation Advisory Committee agreed to add “or where other exceptional circumstances exist” to the dangerous-tree recommendation.
- The amended approach covers genuine risks to public health and safety, public nuisances, and impacts on Council-controlled land, infrastructure or operations.
- A proposed separate recommendation directing private landowners to the statutory dispute process was deleted.
- The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 governs relevant private neighbour disputes and gives QCAT jurisdiction.
- The amended wording will be considered as part of Ipswich City Council’s ongoing comprehensive local-law review.
- Cr Paul Tully proposed the amendment, and members present agreed to it.
Why it matters
- Residents involved in private tree disputes will generally need to use the statutory process and QCAT, while Council retains a role where public safety, public nuisance or Council interests are involved.