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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 22 (1991) - Community Law Reform Program: Neighbour and Neighbour Relations

Discussion Paper 22 (1991) - Community Law Reform Program: Neighbour and Neighbour Relations


Table of Contents
Terms of Reference
Participants
Submissions

Chapter 1: INTRODUCTION
THE REFERENCE
BACKGROUND TO THE REFERENCE
PURPOSE OF THE DISCUSSION PAPER
OUTLINE OF THIS PAPER
Footnotes

Chapter 2: NOISE
INTRODUCTION
APPLICABLE LEGISLATION

    Noise Control Act
    Structure of Noise Control Act
    Impact of the Environmental Offences and Penalties (Amendment) Act 1990 on the Noise Control Act
    Noise Control Regulation 1975
    Other Noise-Control Laws
    Local Government Act 1919
    Environmental Planning and Assessment Act 1979
    Liquor Act 1982
    Registered Clubs Act 1976
    Strata Titles Act 1973
    Other Statutory Provisions
THE COMMON LAW
ADEQUACY OF THE NOISE CONTROL ACT
SUGGESTIONS FOR REFORM
    General Concerns
    The Need for Immediate Relief
    New definition of “Offensive Noise”
    Strict Liability Offences
    Education Programs
QUESTIONS FOR DISCUSSION
Footnotes

Chapter 3: TREES
BACKGROUND
PROBLEMS CAUSED BY TREES
LEGAL REGULATION OF TREES

    Tree Preservations Orders
AVAILABLE REMEDIES
    Nuisance
    Abatement (self-help remedy)
    Damages
    Injunctions
PROBLEMS NOT RESOLVED BY AVAILABLE REMEDIES
    View
    Sunlight
REVIEW OF AVAILABLE REMEDIES
PROPOSALS FOR REFORM
QUESTIONS FOR DISCUSSION
Footnotes

Chapter 4: ACCESS TO NEIGHBOURING LAND FOR MAINTAINING FIXTURES ON ONE’S OWN PROPERTY
THE LAW AT PRESENT
RIGHTS OF ACCESS IN PARTICULAR CASES

    Express rights
    Other Rights at Common Law
DEFECTS IN THE PRESENT LAW
LAW REFORM IN OTHER JURISDICTIONS
    United Kingdom and Tasmania
THE UK LAW COMMISSION’S RECOMMENDED SCHEME - AN OPTION FOR NEW SOUTH WALES?
QUESTIONS FOR DISCUSSION
Footnotes

Chapter 5: ACCESS TO NEIGHBOURING LAND TO MAINTAIN SERVICES TO ONE’S OWN PROPERTY
THE LAW AT PRESENT

    Easement of necessity
DEFECTS IN THE PRESENT LAW
PROPOSALS FOR REFORM
QUESTIONS FOR DISCUSSION
Footnotes

Chapter 6: EASEMENTS FOR JOINT SERVICES
BACKGROUND
THE PROBLEM
COSTS
NEED FOR REFORM
LAW REFORM IN OTHER JURISDICTIONS

    United Kingdom
    Queensland
    Tasmania
    New Zealand
PROPOSALS FOR REFORM
    Easements for joint services
    Costs
QUESTIONS FOR DISCUSSION
    Easements for joint services
    Apportionment of Costs for Joint Services
Footnotes

Chapter 7: DISPUTE RESOLUTION
INTRODUCTION
THE NATURE OF DISPUTES BETWEEN
NEIGHBOURS EXISTING OPTIONS FOR DISPUTE RESOLUTION OF NEIGHBOURHOOD DISPUTES
Non Court-based Dispute Resolution

    Police and Councils
    Community Justice Centres
    Court-based Dispute Resolution
OPTIONS FOR OTHER DISPUTE RESOLUTION MECHANISMS
COURT-BASED OR NON-COURT-BASED DISPUTE RESOLUTION FOR NEIGHBOURHOOD DISPUTES?
SUITABLE FORUMS FOR THE RESOUTIONOF THE NEIGHBOURHOOD DISPUTES
    Noise
    Trees
    Access and Joint Services
CONCLUSION
QUESTIONS FOR DISCUSSION
    Dispute resolution in Access disputes
    Joint Services
Apportionment of Costs for Joint services
    Trees
    Noise
    General
Footnotes

Appendix 1: Summary of Recommendations of UK Law Commission on Rights of Access to Neighbouring land (Report 151)

Appendix 2: Select Bibliography



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