sec.88Local government may decide to carry out work

sec.88 Local government may decide to carry out work

This section applies if— QCAT has made an order under this chapter requiring a tree-keeper to carry out work on a tree within a stated period; and the stated period has ended; and not less than 7 days after the end of the stated period, the neighbour— advises the local government of the local government area in which the tree is situated that the tree-keeper has not carried out work on a tree as required by an order made by QCAT; and asks the local government to take action under this section; and the local government decides to take action under this section. Nothing in this section requires a local government to take any action. An appropriately qualified person authorised by the local government (an authorised person ) may enter the tree-keeper’s land for either or both of the following purposes— to inspect the tree to determine if the work has been carried out as required by the order; to carry out the work if the work has not been carried out as required by the order. Some work has been carried out but not in the way required by the order. No work has been carried out. Before an authorised person enters the tree-keeper’s land under this section, the local government must give the tree-keeper at least 7 days notice of the intention to enter the land. For the requirements for a notice, see section 89 . However, notice is not required under subsection (4) if— the tree-keeper consents to entry; or entry to the land is required because of the existence or likelihood of a serious risk to safety; or entry is required urgently and the chief executive of the local government has authorised, in writing, entry without notice. If an authorised person enters the tree-keeper’s land under subsection (5) (b) or (c) , the local government must give the tree-keeper a notice of entry to land within 10 business days after the entry is made. An authorised person must enter the tree-keeper’s land only to a reasonable extent needed to carry out the work under this section. This section does not authorise entry to a dwelling on the land. An authorised person may not enter the tree-keeper’s land or inspect or carry out work on a tree unless the authorised person is in possession of an authority and produces the authority if required to do so by the tree-keeper. For the requirements for an authority, see section 90 . The costs incurred by the local government in carrying out the work and any administration fee charged by the local government for carrying out the work are charges on the tree-keeper’s land as if the costs and fee were unpaid amounts under the Local Government Act 2009 , section 95 or the City of Brisbane Act 2010 , section 97 . In this section— appropriately qualified means having the qualifications or experience appropriate for carrying out functions under this section. (sec.88-ssec.1) This section applies if— QCAT has made an order under this chapter requiring a tree-keeper to carry out work on a tree within a stated period; and the stated period has ended; and not less than 7 days after the end of the stated period, the neighbour— advises the local government of the local government area in which the tree is situated that the tree-keeper has not carried out work on a tree as required by an order made by QCAT; and asks the local government to take action under this section; and the local government decides to take action under this section. (sec.88-ssec.2) Nothing in this section requires a local government to take any action. (sec.88-ssec.3) An appropriately qualified person authorised by the local government (an authorised person ) may enter the tree-keeper’s land for either or both of the following purposes— to inspect the tree to determine if the work has been carried out as required by the order; to carry out the work if the work has not been carried out as required by the order. Some work has been carried out but not in the way required by the order. No work has been carried out. (sec.88-ssec.4) Before an authorised person enters the tree-keeper’s land under this section, the local government must give the tree-keeper at least 7 days notice of the intention to enter the land. For the requirements for a notice, see section 89 . (sec.88-ssec.5) However, notice is not required under subsection (4) if— the tree-keeper consents to entry; or entry to the land is required because of the existence or likelihood of a serious risk to safety; or entry is required urgently and the chief executive of the local government has authorised, in writing, entry without notice. (sec.88-ssec.5A) If an authorised person enters the tree-keeper’s land under subsection (5) (b) or (c) , the local government must give the tree-keeper a notice of entry to land within 10 business days after the entry is made. (sec.88-ssec.5B) An authorised person must enter the tree-keeper’s land only to a reasonable extent needed to carry out the work under this section. (sec.88-ssec.5C) This section does not authorise entry to a dwelling on the land. (sec.88-ssec.6) An authorised person may not enter the tree-keeper’s land or inspect or carry out work on a tree unless the authorised person is in possession of an authority and produces the authority if required to do so by the tree-keeper. For the requirements for an authority, see section 90 . (sec.88-ssec.7) The costs incurred by the local government in carrying out the work and any administration fee charged by the local government for carrying out the work are charges on the tree-keeper’s land as if the costs and fee were unpaid amounts under the Local Government Act 2009 , section 95 or the City of Brisbane Act 2010 , section 97 . (sec.88-ssec.8) In this section— appropriately qualified means having the qualifications or experience appropriate for carrying out functions under this section.