Rights under other Acts or laws
18 Rights under other Acts or laws
Except as provided by section 5, nothing in this Act affects the rights that a person has under any other Act or law to interfere with any tree that is not owned by the person.
Note.
For example, under the Access to Neighbouring Land Act 2000, the Local Court may make a neighbouring land access order that authorises an owner of land to access, and carry out work on, adjoining land for any of the following purposes—
ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,
replacing any hedge, tree or shrub,
removing, felling, cutting back or treating any hedge, tree or shrub.
By way of another example, under the Electricity Supply Act 1995, an electricity network operator may, in certain circumstances, trim or remove a tree if the operator has reasonable cause to believe that the tree—
could destroy, damage or interfere with its electricity works, or
could make its electricity works become a potential cause of bush fire or a potential risk to public safety.
This Act’s bill:Explanatory memorandumSecond reading speech
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