20Branch removal notice may be given

20 Branch removal notice may be given

(1)  A landholder of affected land over which extends, from other land, a branch, from a plant, that –

(a) is 2.5 metres or less above the ground level of the affected land; and

(b) extends at least 50 centimetres from the boundary of the affected land with the other land –

may give to the owner of the other land a notice in writing (a branch removal notice).

(2)  A branch removal notice from an affected landholder to an owner of other land on which a plant with overhanging branches is situated must –

(a) specify a day by which the owner is required to ensure that the overhanging branches are removed from the affected land; and

(b) ask the owner to give to the affected landholder a notice for the purposes of this paragraph; and

(c) give the owner, and any person, acting on the owner's behalf, who is specified in a notice given under paragraph (b) , permission to enter the affected land between 8 a.m. and 5 p.m. on the day, specified in that notice in accordance with subsection (4)(b) , to sever and remove the branches.

(3)  The day specified, in accordance with subsection (2)(a) , in a notice under subsection (1) is not to be less than 30 days after the day on which the notice is given.

(4)  A person may, for the purposes of subsection (2)(b) , give a notice in writing specifying –

(a) the name of the person who will enter the affected land and sever and remove the branches; and

(b) the day on which the person will enter the affected land and sever and remove the branches.

(5)  The notice to be given for the purposes of subsection (2)(b) is to be given no later than 24 hours before the overhanging branches are to be removed from the affected land.

(6)  A notice given under subsection (1) is to be accompanied by –