Clearance of trees or wood
67A Clearance of trees or wood
S. 67A(1) amended by Nos 3/2017 s. 50(Sch. 1 item 6.10), 49/2019 s. 186(Sch. 4 item 35.25(a)).
This section applies if any tree or wood in the vicinity of a railway track operated or maintained by the Secretary on behalf of the Crown or the Head, Transport for Victoria poses a risk to the safety of anyone on, or using, the railway track.
Examples
The following trees pose a risk to the safety of a person using a railway track—
a tree that obstructs a view of a signal box from a portion of the track;
a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve;
a tree whose roots are underneath the track.
S. 67A(2) amended by Nos 3/2017 s. 50(Sch. 1 item 6.5), 49/2019 s. 186(Sch. 4 item 35.25(b)).
The Secretary or the Head, Transport for Victoria may by written notice require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood.
Notice under subsection (2) may be served on an owner or occupier—
personally; or
by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or
by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or
in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the owner or occupier; or
if the identity or address of the owner or occupier is not known—
by displaying it on the land; and
by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.
S. 67A(4) amended by Nos 3/2017 s. 50(Sch. 1 item 6.5), 49/2019 s. 186(Sch. 4 item 35.25 (c)(i)(ii)).
If the owner or occupier of the land does not comply with the notice within the time specified in the notice, the Secretary or the Head, Transport for Victoria may—
enter the land at any reasonable time and carry out the work specified in the notice; and
S. 67A(4)(b) amended by No. 49/2019 s. 186(Sch. 4 item 35.25 (c)(iii)).
recover the cost of carrying out the work from the owner or occupier as a debt.
Any person acting under subsection (2) or (4) may fell or remove any tree or wood that is the subject of a notice under subsection (2) without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987, despite anything to the contrary in or under that Act.
S. 67B inserted by No. 61/2011 s. 21.
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