31Matters to be considered if threat of serious injury or serious damage

31 Matters to be considered if threat of serious injury or serious damage

(1)  In addition to any matters that the Appeal Tribunal must consider under section 30 in relation to an application, if an affected landholder alleges that a plant situated on another area of land has caused, is causing or likely to cause serious injury to a person, or serious damage to the affected landholder's land or property on the affected landholder's land, the Appeal Tribunal may consider –

(a) anything, other than the plant, that has contributed, or is contributing, to the injury or damage or likelihood of injury or damage, including any act or omission by the affected landholder and the effect of any plant situated on the affected landholder's land; and

(b) any steps taken by the affected landholder, or the owner of the area of land on which the plant is situated, to prevent or rectify the injury or damage or the likelihood of injury or damage.

(2)  In making an order under this Part to carry out work that involves destroying a plant, the Appeal Tribunal may consider –

(a) how long the affected landholder has known of the injury or damage; and

(b) any steps that have been taken by the affected landholder, or the owner of the land on which the plant is situated, to prevent further injury or damage; and

(c) anything other than the plant that may have caused, or contributed to, some or all of the injury or damage; and

(d) any other matter the Appeal Tribunal considers relevant.