Trees (Disputes Between Neighbours) Act 2006

If the Court has made an order under Part 2 or 2A requiring the owner of land on which a tree is situated to carry out work in relation to the tree within a specified period, a person authorised by the council of the local government area in which the tree is situated (an authorised person) may enter the land for the purpose of either or both of the following—

ascertaining whether the owner has carried out the work in accordance with the order,

carrying out the work if the owner has failed to carry out the work in accordance with the order.

An authorised person may enter land under this section only if the applicant for the order concerned has requested the council to act under this section.

Before an authorised person enters land under this section, the council must give the owner of the land written notice of the intention to enter the land.

The notice must specify the day on which the authorised person intends to enter the land and must be given before that day.

This section does not require notice to be given—

if entry to the land is made with the consent of the owner of the land, or

if entry to the land is required because of the existence or reasonable likelihood of a serious risk to safety, or

if entry is required urgently and the case is one in which the general manager of the council has authorised in writing (in the particular case) entry without notice.

An authorised person may not enter or inspect, or carry out work on, land under this section unless the authorised person is in possession of an authority and produces the authority if required to do so by the owner of the land.

The authority must be a written authority that is issued by the council and that—

states that it is issued under this Act, and

gives the name of the person to whom it is issued, and

describes the land to which the authority applies, and

states that the person has the power to enter the land and states either or both of the following—

that entry to the land is required for the purpose of ascertaining whether the owner has carried out work in accordance with an order under Part 2 or 2A of this Act,

that the person has the power to carry out work in accordance with such an order, and

identifies this section as the source of the powers referred to in paragraph (d), and

states the date (if any) on which it expires, and

bears the signature of the general manager of the council.

The council may recover, in a court of competent jurisdiction, the following from a person who is bound by an order under Part 2 or 2A—

the reasonable costs of carrying out work under this section,

the amount prescribed by the regulations as the administrative cost for arranging the carrying out of work under this section.