Trees and Dividing Fences


Nambucca Valley Council cannot resolve disputes between neighbours relating to trees on private land. Trees and plants are a common cause of disputes between neighbours.  In NSW legislation largely regulates the planting, pruning, destruction and removal of trees and plants and also deals with some of the disputes.  Nambucca Valley Council does not have a Tree Preservation Order currently in operation.

For more information please view the Solving Urban Tree Problems (PDF, 476KB)brochure or the Trees (Disputes Between Neighbours) Act 2006.


Nambucca Valley Council cannot resolve disputes between neighbours relating to the placement of, payment for, or the installation of dividing fences between private properties.  Nambucca Valley Council’s Development and Environment Section can provide information on fence height and construction type permitted.  The general principle of The Dividing Fences Act 1991 relating to the liability for costs is that adjoining owners are to contribute equally to the fencing work for a dividing fence of a sufficient standard. If an owner wishes to have a fence of a higher standard, that owner is liable for the extra cost above the sufficient standard.

For more information on the law and disputes between neighbours in relation to either of the above issues please click on the links below:

LAW ACCESS (part of Legal Aid and the Department of Justice) can provide you with legal knowledge relating to any issues or disputes which arise between neighbours and they can be contacted on:  P: 1300 888 529

COMMUNITY JUSTICE CENTRES provide mediation services which are available across NSW.  This is a free and confidential service that can save you expense and delay, not to mention the stress, that’s involved in taking the matter to court. They can be contacted on: P: 1800 990 777