39Obligation of occupiers to cut back vegetation, &c.

### 39 Obligation of occupiers to cut back vegetation, &c. > > (1)  In this section, ***vegetation*** includes any tree, hedge, and shrub. > > > (2)  Where the corporation is of the opinion that it is necessary to do so to remove or reduce the danger to persons using a local highway arising from the obstruction of their view by any vegetation or structure on any land, it may require the occupier of the land to cut, trim, or reduce the height of the vegetation or structure to the extent or in the manner specified in the notice. > > > (3)  The corporation may require the occupier of land on which a hedge or live fence is growing to remove seedlings, suckers, or offsets from the hedge or fence that have grown on a local highway. > > > (4)  Where the roots of a tree interfere with the pavement of, or anything in, a highway in a city or town, the corporation may require the occupier of the land on which the tree is growing to kill or remove the tree or cut off its roots within the boundaries of the land. > > > (5)  The corporation may require the occupier of any land abutting upon a highway or any other way to remove from the land ferns, weeds, rubbish, scrub, undergrowth, or dry grass. > > > (6)  The corporation may require the occupier of land on which any vegetation is growing to remove a branch or other part of the vegetation that overhangs a local highway and that is less than – > > > > > > (a) 2·5 metres above a part of the highway that is intended mainly for the use of pedestrians; > > > > > > > (b) 4·5 metres above any other part of the highway that is not intended for use as a carriage-way; or > > > > > > > (c) 6 metres above a part of the highway that is intended for use as a carriage-way. > > > (7)  Without prejudice to the exercise of any of its powers under the foregoing provisions of this section, the corporation may require the occupier of the land on which a tree is growing or standing to remove the tree or any specified part of it if the corporation is of the opinion that it is desirable to do so to remove a danger, obstruction, interference, or inconvenience to the use of the highway. > > > (8)  A requirement under this section shall be made by written notice served on the occupier stating the time within which the requirement is to be complied with, not being less than 14 days from the service of the notice. > > > (9)  If a requirement made under this section is not complied with, the corporation may carry out the requirement and recover the expenses reasonably incurred from the occupier of the land to which it relates. > > > (10)  [*\[Section 39 Subsection (10) amended by No. 7 of 2025, s. 130, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS130@EN) [*\[Section 39 Subsection (10) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja28@GC1@EN) A person who is aggrieved by a requirement made under [subsection (7)](#GS39@Gs7@EN) may apply to the Tasmanian Civil and Administrative Tribunal for a review of the requirement. > > > (11)  [*\[Section 39 Subsection (11) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-073#JS1@Ja28@GC1@EN) .  .  .  .  .  .  .  .