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Rural Law,Property Law
Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 - doesn't apply to trees situated on rural land
Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 - doesn't apply to trees situated on rural land

A recent decision of QCAT confirmed that Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 does not apply to trees situated on rural land. Ms Smith applied to QCAT for an order that Mr Attawar's trees affected her land and that the trees be removed at Mr Attawar's cost. Mr Attawar however sought an order that Ms Smith's application be dismissed because: The trees are located on his land His land is zoned rural land the Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 does not apply to trees situated on rural land. The Neighbourhood Disputes (Dividing Fences and Trees) Act 2001 defines "rural land" to mean land under the Land Valuation Act 2010. Sections 9 and 10 of the Land Valuation Act 2010 state that land is "rural land" if it is zoned rural land and has not ceased to be zoned rural land, more than half of the land is zoned rural land, or the land has been declared to be rural land. Mr Attawar presented correspondence from the Council confirming that the land was zoned as rural land. The court found in favour of Mr Attawar and dismissed Ms Smith's application. A direct link to this case can be found HERE.  If you require further advice on this issue or any other rural legal issues please contact our Property Law team on 4771 5664 or leave an enquiry below. 

Property Law,Rural Law
NQ firms' agricultural roots run deep
NQ firms' agricultural roots run deep

The Australian agricultural sector has witnessed extraordinary change in recent years with a constantly changing regulatory environment, competition law reforms, globalisation of markets and significant developments in technology innovation. Keeping up with these changes and capitalizing on the opportunities they provide can be difficult when you have a business to run and it is important that farming families have trusted advisers with hands on experience and up to date knowledge of the legal issues and opportunities facing the Australian agricultural sector. Connolly Suthers Lawyers has its roots in working with primary industry. The firm has evolved from a traditional North Queensland rural services practice, which, in the past, has comprised branch offices in Tully, Ingham, Hughenden and Airlie Beach. Connolly Suthers now has offices in Townsville and Ayr and offers a 120 year track record and a specialised regional knowledge and presence in North Queensland.

Rural Law,Property Law
Farm Business Debt Mediation Scheme Queensland
Farm Business Debt Mediation Scheme Queensland

Sugarcane is one of our largest and most vital rural industries. In fact, sugarcane is Queensland’s largest agricultural crop allowing our farmers to produce up to 4.5 million tonnes of raw sugar, 1 million tonnes of molasses and 10 million tonnes of bagasse annually (Australian Sugar Milling Council). Our warm tropical temperatures are ideal for growing and producing sugar. We are proud of our farmers and commend them for their long-standing commitment to our States agricultural industry. Our farmers can encounter financial problems when the industry is impacted by drought, natural disasters, disease, government mandates and regulations – the list goes on. It is important for our farmers to be aware that assistance is available to them under the Farm Debt Mediation Scheme (FDMS) when impacted by these challenges . The FDMS provides farmers have the ability to negotiate with their bank or enter into a heads of agreement with their bankers about the management of the debt before the bank can commence debt recovering proceedings including taking possession of the property .