60Person to whom this section applies may require clearance of trees

60 Person to whom this section applies may require clearance of trees

S. 60(1) substituted by No. 95/2005 s. 10(1).

(1) This section applies if any tree or wood in the vicinity of a railway track operated or maintained by a person to whom this section applies poses a risk to the safety of anyone on, or using, the railway track.

Examples

S. 60(1A) inserted by No. 95/2005 s. 10(1).

(1A) The person may, by written notice, require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood.

S. 60(2) amended by No. 95/2005 s. 10(2).

(2) Notice under subsection (1A) may be served on an owner or occupier—

(a) personally; or

(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or

(c) by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or

(d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the owner or occupier; or

(e) if the identity or address of the owner or occupier is not known—

(i) by displaying it on the land; and

(ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.

S. 60(3) amended by No. 95/2005 s. 10(2).

(3) In exercising a power under subsection (1A), a person to which this section applies—

S. 60(3)(b)
amended by Nos 61/2011 s. 25(Sch. 2 item 4), 3/2017 s. 50(Sch. 1 item 6.5), 49/2019 s. 186(Sch. 4 item 35.16(a)).

(b) must comply with any directions given by the Secretary or the Head, Transport for Victoria in relation to the exercise of that power.

(4) If the owner or occupier of the land does not comply with the notice within the time specified in the notice, the person which caused the notice to be served may—

(a) enter the land at any reasonable time and carry out the work specified in the notice; and

(b) recover the cost of carrying out the work from the owner or occupier as a debt.

(5) A person to which this section applies may exercise its powers under this section by its officers or employees or by any other person authorised in writing by it or by the officers or employees of any such person.

S. 60(5A) inserted by No. 95/2005 s. 10(3).

(5A) Any person acting under subsection (1A) or (4) may fell or remove any tree or wood that is the subject of a notice under subsection (1A) without the need to obtain a permit under any relevant planning scheme under the , despite anything to the contrary in or under that Act.