Urban Forest Act 2023

For this Act, an authorised person may—

at any reasonable time, enter premises to—

inspect a tree, or the area near a tree, that is registered or proposed to be registered; or

give a tree protection direction or tree reparation direction to the lessee or occupier of the premises; or

at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

at any time, enter premises with the occupier’s consent; or

enter premises in accordance with a warrant.

Note An authorised person also has power to enter premises in relation to tree protection directions (see s 47) and tree reparation directions (see s 50).

However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used only for residential purposes.

An authorised person may, without the occupier’s consent, enter land around the premises to ask for consent to enter the premises.

To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.

An authorised person who enters premises under this section may inspect the premises or anything on it.