54Duty and powers, as to vegetation causing interference

54. Duty and powers, as to vegetation causing interference

(1) It shall be the duty of the occupier of any land on or over which vegetation is growing to fell or lop, or to remove or otherwise deal with, in such manner as is reasonable in the circumstances, so much of any vegetation as is necessary to prevent it interfering with or obstructing, or becoming likely to interfere with or obstruct, the construction, maintenance or safe use of any supply system.

(2) Where in the opinion of a responsible officer of an energy operator the duty imposed by subsection (1) has not been carried out —

(i) if the interference or obstruction is occasioned solely in relation to premises or apparatus on the land (not being a street or other public place) from which the vegetation is growing, and the occupier of that land so consents; or

(ii) in any other case, (but where the vegetation has been planted or cultivated, only if the occupier of the land at the point at which the vegetation interferes or obstructs the supply system has been requested by notice in writing to carry out the work but has not done so within such period, not being less than 3 days, as is specified in the notice, and has been given a reasonable opportunity to make representations as to the manner in which the work should be effected),

the energy operator may enter upon the land without notice and clear or remove the vegetation so far as is necessary causing as little damage as is practicable.

(3) The reasonable cost of the clearance or removal of vegetation pursuant to subsection (2) may be recovered by the energy operator from the occupier of the land as a debt due to the energy operator, if that vegetation had been planted or cultivated, and for the purposes of this subsection a local government which has planted or encouraged the planting of vegetation on land not occupied by any other person shall be deemed to be the occupier of that land.

[Section 54 amended: No. 89 of 1994 s. 39 and 41; No. 14 of 1996 s. 4; No. 58 of 1999 s. 83(1) and (3).]

[55. Deleted: No. 8 of 2006 s. 4.]

[56. Deleted: No. 58 of 1999 s. 54.]