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Weeds on my neighbour's property

It is important that neighbouring landholders work together to control weeds on their properties. If, however, a neighbour refuses to play their part, Council does not have the power to force them to act, nor can Council become involved in disputes between landholders involving weeds.

The following may help to achieve the results you’re after:

  1. If possible, lay the groundwork by actively cultivating a healthy, working relationship with your neighbour. This is a long-term investment of time and resources that may become extremely valuable in the future. Avoid the temptation to isolate from them, or to let past grievances be a barrier to your relationship.
  2. Find an appropriate time to discuss your weed concerns with your neighbour in person in a calm and respectful way. Approach it as a shared responsibility, rather than solely their issue to deal with. They may not realise weeds are on their land, that they are causing you a problem, or know what to do about them. Offer to help them in any way you’re able or provide them with information from the sources listed in the section ‘Weeds on my property’ on this webpage. Try to reach a solid agreement about what should be done, by whom, and by when. If you are unable to talk effectively with your neighbour or the relationship has broken down, try communicating to them in writing.
  3. If you cannot agree with your neighbour about what should be done, Community Justice Centres (CJC) is a free, government-funded service designed to help resolve disputes. Professionally trained mediators provide a safe, independent forum to sit down with the parties and attempt to resolve matters quickly.
  4. If mediation with your neighbour fails or is not possible and you still wish to pursue the issue, the Land and Environment Court of NSW has the power to settle disputes relating to trees, hedges, vines, and bamboo under the Trees (Disputes Between Neighbours) Act 2006.
Regulated and notifiable weeds

Some weeds are regulated under the NSW Biosecurity Act 2015. If you suspect State regulated plants or notifiable regional priority weeds are growing on a neighbour’s property, please contact Council through the Online Services Portal or email hsc@hornsby.nsw.gov.au. A list of all State regulated plants and regional priority weeds relevant to the Greater Sydney Region can be found here. For more information see the section ‘Weeds and the law’ on this webpage.

Noxious weeds

Up until 2017, the main piece of legislation dealing with weeds in NSW was the Noxious Weeds Act 1993, and plants listed under the Act were called ‘noxious weeds.’ This Acthas since been repealed and the term ‘noxious weed’ has no legal meaning and should no longer be used.