Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
sec.48Who is a tree-keeper
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sec.48 Who is a tree-keeper
The following person is the tree-keeper for a tree— if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; if the land on which the tree is situated is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; if the land on which the tree is situated is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; if the land on which the tree is situated is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; if the land on which the tree is situated is common property comprised in a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; if the land on which the tree is situated consists of all or part of a reserve under the Land Act 1994 other than a reserve mentioned in section 42 (1) (e) (i) or (ii) —the trustee of the reserve. Nothing in this chapter confers ownership of a tree. s 48 amd 2024 No. 12 s 131 s ch 1 pt 1 (sec.48-ssec.1) The following person is the tree-keeper for a tree— if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act; if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act; if the land on which the tree is situated is subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 —the grantee for the permit; if the land on which the tree is situated is subject to a stock grazing permit under the Nature Conservation Act 1992 —the grantee for the permit; if the land on which the tree is situated is common property for a community titles scheme under the Body Corporate and Community Management Act 1997 —the body corporate for the community titles scheme; if the land on which the tree is situated is common property comprised in a plan under the Building Units and Group Titles Act 1980 —the body corporate for the plan; if the land on which the tree is situated consists of all or part of a reserve under the Land Act 1994 other than a reserve mentioned in section 42 (1) (e) (i) or (ii) —the trustee of the reserve. (sec.48-ssec.2) Nothing in this chapter confers ownership of a tree.
- (a) if the land on which the tree is situated is a lot recorded in the freehold land register under the Land Title Act 1994 —the registered owner of the lot under that Act;
- (b) if the land on which the tree is situated is subject to a lease or licence under the Land Act 1994 —the lessee or licensee under that Act;