I am very pleased to today release a draft bill for public consultation to implement my commitment to improve Tasmania’s laws relating to trees and hedges which cause damage, or block views and/or sunlight to another property.
The experience of many Tasmanians is that existing laws do not provide an adequate mechanism to resolve disputes about trees and hedges which impact on neighbouring properties.
The Neighbourhood Disputes (Vegetation) Bill 2016 outlines the rights and responsibilities of property owners in relation to planting and maintaining trees and vegetation, and in having reasonable access to sunlight and views which existed at the time they bought their property.
This Bill will also enable the Resource Management & Planning Appeals Tribunal to adjudicate on disputes where the parties have been unable to resolve the matter themselves, despite reasonable attempts to do so.
These changes are based on the recommendations of the Tasmania Law Reform Institute (TLRI) in their report released earlier this year.
The draft bill released today includes the issue of serious damage caused by trees and vegetation to a neighbouring property, an issue not included in the TLRI’s investigation but raised by many constituents during the consultation process, along with the issues of access to views and sunlight.
The issue regarding such disputes came to my attention a number of years ago as the Member for Pembroke when I raised this issue in the Legislative Council in 2012, and helped to refer the issue to the TLRI which then agreed to examine the need for law reform.
I’m delighted that the Hodgman Government has been able to progress this important, grassroots law reform which was developed through close consultation with the community.
The bill is available at justice.tas.gov.au/community-consultation and public consultation is open until 4 November 2016.
Vanessa Goodwin, Attorney-General
