|
|
|
|
 |
Where am I now? Lawlink > Law Reform Commission > Publications > Report 88 (1998) - Neighbour and Neighbour Relations
Report 88 (1998) - Neighbour and Neighbour Relations Table of Contents
Terms of Reference and Participants
THE REFERENCE CONSULTATIONS AND SUBMISSIONS Consultations Hotline THIS REPORT Disputes about trees and noise Focus on residential neighbours New noise control law IMPORTANCE OF COMMUNITY AWARENESS Community education about noise Need for community education about trees RESOLVING DISPUTES BETWEEN NEIGHBOURS OUTLINE OF THIS REPORT
REGULATION OF TREES Regulation of noxious plants Tree preservation WHEN TREES INTERFERE WITH NEIGHBOURS Nuisance Tangible damage caused by trees Where trees block out sunlight Where trees block out a view Remedies Injunctions Damages Abatement ISSUES RAISED IN SUBMISSIONS People plant trees without concern for the trouble they might cause Kinds of damage Person suffering bears the cost Conflict with tree preservation orders Rights hard to enforce Conclusion PREVENTING OR REDUCING PROBLEMS WITH TREES Regulation of tree planting Approval process for planting Community education The Commission’s recommendation Minimising conflict with tree preservation orders A DISPUTE RESOLUTION PROCESS Should councils have a role in disputes about trees? Court procedure Notice to owner or occupier of land Enforcement Orders the court could make Should access to sunlight be protected? Should access to a view be protected?
COMMON LAW OF NUISANCE PROTECTION OF THE ENVIRONMENT OPERATIONS ACT (NSW) Time restrictions on domestic noise Regulation of inherently noisy machinery and equipment Sale of inherently noisy articles Use of building intruder alarms Use of motor vehicles and accessories Use of motor vehicle intruder alarms Remedies Offensive noise Noise abatement directions Noise control notices Noise abatement orders Exemptions SUBMISSIONS Dogs Equipment Vehicles Alarms Other issues OPTIONS FOR REFORM Recent changes to the law Should the definition of “offensive noise” be amended? Establishing offensive noise Making offences easier to prosecute Better enforcement of existing legislation Penalty notices Who should be responsible for enforcement? Concern that agencies are unwilling to act Community awareness programs
APPENDIX A - List of submissions APPENDIX B - Outcome of neighbour and neighbour hotline
|
|||||||||||
|
|||||||||||||
