Legislation to improve the rights of landholders in disputes about plants between neighbours has today passed the House of Assembly.
The Neighbourhood Disputes About Plants Amendment Bill 2019 provides new enforcement provisions to ensure orders made by the Resource Management and Planning Appeal Tribunal under the Neighbourhood Disputes About Plants Act 2017 are complied with.
This will allow affected landholders to carry out work that has not been completed and to recover reasonable expenses incurred.
The Bill also inserts a specific offence and penalty provision for failing to comply with an order of the Tribunal.
In addition, it will allow the Tribunal to waive, reduce or refund all or part of an application fee for affected landholders.
The Neighbourhood Disputes About Plants Act 2017 was introduced to provide a cost effective, efficient and accessible scheme to resolve these disputes.
It encourages informal dispute resolution as a first step. Where disputes are unable to be resolved in this way, an application can be made for the Tribunal to resolve the matter.
This Bill will improve the operation of the Act to ensure better results for affected landholders. It also makes some minor technical and operational amendments to improve the operation of the Act.
The Hodgman majority Liberal Government has a plan for a more effective and efficient justice system and we are delivering on this plan as evidenced by our strong law and order agenda.
Elise Archer, Minister for Justice