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Part 2A of the Trees (Dispute Between Neighbours) Act relating to hedge disputes is now in operation. If you would like further information on this new hedge law or would like to enquire as to whether the new law would apply in your case, contact the Land and Environment Court on 02 9113 8200 or go to https://www.lawlink.nsw.gov.au/lec and see Tree Disputes.
To see the content of the Trees Amendment click here.
The amendment applies where 2 or more trees are planted to form a hedge higher than 2.5 metres.
An owner of land may apply to the Court for an order to remedy, restrain or prevent severe obstruction of:
- sunlight to a window of a dwelling, or
- any view from a dwelling which occurs as a consequence of trees to which this part applies.
Before making an order, an applicant must have:
- made a reasonable effort to reach agreement with the owner of the land, and
- give at least 21 days notice of the application to the owner of the land, any relevant authority and any other interested parties.