165FPower to investigate and remove trees and vegetation

165F Power to investigate and remove trees and vegetation

(1) A project authority, or a person authorised in writing by a project authority, may enter any land and investigate and assess whether any trees or vegetation on the land create a risk to the safety of any person in connection with, or by reason of, a declared project, or to any person on or using transport or non-transport infrastructure that is to be, or has been, developed or affected by a declared project.

(2) After a declared project becomes an approved project, a project authority, or a person authorised in writing by a project authority, may enter any land and lop or fell and remove any tree or vegetation that has been assessed as creating a risk referred to in subsection (1) .

(3) The project authority must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—

(b) a statement of the principal rights and obligations of the occupier and owner (as the case may be) under this Act—

at least 7 days before the land is entered under subsection (1) or (2).

(4) In the case of an entry under subsection (2), the notice under subsection (3)(a) must—

(a) indicate in general terms the nature of the land; and

(b) indicate in general terms the extent to which it is proposed to lop, fell and remove any tree or vegetation; and

(c) include the name and place of business of any person authorised by the project authority to lop, fell and remove any tree or vegetation.

(5) Despite anything to the contrary in the Planning and Environment Act 1987 or any planning scheme, a planning permit is not required for the exercise of a power under subsection (2).

S. 165G inserted by No. 43/2021 s. 190.