sec.42Trees to which this chapter applies

sec.42 Trees to which this chapter applies

Subject to subsections (2) to (5) , this chapter applies to trees on the following land— land recorded in the freehold land register; land the subject of a lease or licence under the Land Act 1994 ; land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ; land subject to a stock grazing permit under the Nature Conservation Act 1992 ; land contained in a reserve under the Land Act 1994 other than a reserve— for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or dedicated under section 31 (1) (d) of that Act. A regulation may provide that this chapter, or a stated provision of this chapter, does not apply to trees situated on land within a stated local government area. This chapter does not apply to trees situated on— rural land; or a parcel of land that is more than 4 hectares; or land owned by a local government that is used as a public park; or land prescribed by regulation. This chapter does not apply to trees planted or maintained— for commercial purposes; or under an order of a court or tribunal; or as a condition of a development approval. To remove any doubt, it is declared that this chapter does not apply to trees situated on unallocated State land. s 42 amd 2024 No. 12 s 131 s ch 1 pt 1 (sec.42-ssec.1) Subject to subsections (2) to (5) , this chapter applies to trees on the following land— land recorded in the freehold land register; land the subject of a lease or licence under the Land Act 1994 ; land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ; land subject to a stock grazing permit under the Nature Conservation Act 1992 ; land contained in a reserve under the Land Act 1994 other than a reserve— for a purpose mentioned in section 31 (1) (a) to (c) of that Act; or dedicated under section 31 (1) (d) of that Act. (sec.42-ssec.2) A regulation may provide that this chapter, or a stated provision of this chapter, does not apply to trees situated on land within a stated local government area. (sec.42-ssec.3) This chapter does not apply to trees situated on— rural land; or a parcel of land that is more than 4 hectares; or land owned by a local government that is used as a public park; or land prescribed by regulation. (sec.42-ssec.4) This chapter does not apply to trees planted or maintained— for commercial purposes; or under an order of a court or tribunal; or as a condition of a development approval. (sec.42-ssec.5) To remove any doubt, it is declared that this chapter does not apply to trees situated on unallocated State land.

• (a) land recorded in the freehold land register;
• (b) land the subject of a lease or licence under the Land Act 1994 ;
• (c) land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ;