Who protects trees in Queensland?
The state runs a vegetation management framework, and some councils add local laws or planning scheme rules on top. Even where state rules allow clearing, the Queensland Government says to check with your local government for planning requirements first.
The council layer varies a lot. Brisbane identifies protected vegetation under its Natural Assets Local Law 2003, and work on it needs council permission unless an exemption applies. Brisbane's exemptions only work inside your own boundary, never for street trees. Noosa's planning scheme needs a permit to clear vegetation on all private land in the shire.
Councils can also protect one particular tree with a vegetation protection order. QCAT lists the signs a property may hold protected vegetation: it's near a river or waterway corridor, in bushland or a rural area, has large significant trees (even in town), or has heritage values.
Which state rules can apply on top?
Two more apply in particular places. In the South East Queensland Regional Plan area, lots with mapped koala habitat can need development approval under the Planning Act 2016 before that habitat is touched. And clearing protected native plants may need a permit under the Nature Conservation Act 1992.
The Queensland Government lets landholders download a vegetation management property report to see whether state rules affect their lot. Our council pages for Gold Coast, Sunshine Coast, Moreton Bay and Ipswich cover the local layer.
How does the overhanging branch notice work?
Know who's responsible
Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, the tree-keeper, usually the registered owner, is responsible for cutting back branches that overhang a neighbour's land. Talk to them first.
Check the branches fit
The notice only covers branches reaching at least 50 cm over the boundary and 2.5 m or less above the ground. It can't be used if a vegetation protection order covers the tree.
Give Form 3
Use Form 3, Notice for removal of particular overhanging branches, and allow the tree-keeper at least 30 days.
If nothing happens
You can cut those branches and return them, without entering their land. Under the Act, the tree-keeper is liable for your reasonable costs, capped at $300, which QCAT can help recover as a minor debt claim.
When does QCAT step in?
For bigger problems, QCAT can make orders to prevent serious injury to anyone, or to remedy, restrain or prevent serious damage to your land or property. For lost sunlight or a lost view, the tree must rise at least 2.5 metres and the obstruction must be severe. Sunlight only counts for a window or roof of a home, and a view only if it existed when you moved in.
First you need to show a reasonable effort to agree, and that you took any reasonable steps under a local law or council process. Dispute Resolution Centres offer mediation. QCAT can order work even where a local law would restrict it, but the Act says a living tree shouldn't be removed unless nothing else will fix the problem.
The Act counts vines, bare trunks, stumps and dead trees, but not trees on rural land, on parcels over 4 hectares or in council parks. QCAT registry staff can explain forms; Legal Aid Queensland and community legal centres give the legal advice. Our neighbours' trees guide has more.
Can I clear trees for bushfire protection?
We couldn't confirm a statewide Queensland rule that lets homeowners clear trees for bushfire protection on an urban lot. Ask the council before clearing for fire, and see our bushfire clearing guide.
Is a tree touching a power line?
Don't touch the tree. Assume any fallen line is live, stay well clear, warn others and call 000 in an emergency. Then report it: Energex in south east Queensland (from the NSW border north to Gympie and west to the base of the Great Dividing Range), or Ergon Energy everywhere else. Under the Electrical Safety Regulation 2026, in force from 1 September 2026, an untrained person's exclusion zone from lines up to 132 kV is 3 metres, and whoever controls a private overhead line has to keep trees trimmed clear of it.
Who looks after lines on my property?
Noosa Shire Council's summary is that Energex maintains lines to the first point of contact on your property, and lines beyond the first property pole, with their tree clearance, are the owner's. For vegetation touching lines, Noosa says to report it to Energex and keep at least 10 m away. Our power lines guide explains more.
Storms and cyclone season
If anyone's life is in danger, call 000. For a tree that's fallen and damaged the structure, or blocks access to the house, ask the SES by phone or through the SES Assistance QLD app, and expect long waits in severe weather.
Cyclone season officially runs from 1 November to 30 April. Communities within 50 kilometres of the coast from Bundaberg to Thursday Island, including the Gulf of Carpentaria, are the most exposed. The Queensland Government suggests trimming trees and overhanging branches before the season; if the tree is protected, ask the council before that pruning starts.
Tree removal permits and rules in Queensland: what to do next
We'd ring the council first, because in Queensland that's where most of the answer sits, and ask whether a local law, the planning scheme or a vegetation protection order covers the tree. For a neighbour's branches, we'd talk, then use Form 3 if the branches fit it. QCAT is the last step, not the first.
Want an arborist to look at it?
Tell us the job and your postcode, and a local arborist calls you to talk it through.