236Notice about lopping trees etc on private land—territory

236 Notice about lopping trees etc on private land—territory network operations (1) This section applies to territory network operations to the extent that they involve— (a) the felling or lopping of trees on private land; or (b) the trimming of roots of trees or other plants on private land; or (c) the clearing or removal of vegetation on private land. (2) Before the Territory begins the operations, it must give the land-holder written notice of the proposed operations. (a) must be given at least 7 days before the operations begin; and (b) must indicate the trees or vegetation affected and the activity proposed; and (c) may require the land-holder to carry out the activity within a stated period; and

(d) if paragraph (c) applies—must contain a statement— (i) about the effect of subsection (6); and (ii) that the land-holder may need approval under the Urban Forest Act 2023, part 3 (Protection of trees) to carry out the activity; and (e) if the operations relate to other territory network operations for which notice is required under this subdivision—may be given in or with the notice of the other operations. (see that Act, s 16 and s 17). However, the offences do not apply to an activity approved under the Urban Forest Act 2023, s 28 or s 32 (see that Act, s 18 (1) (c)). period of notice under subsection (3) (a). (5) If subsection (3) (c) applies, the stated period within which the land-holder is required to carry out the activity must be at least 7 days beginning on the day the notice is given to the land-holder. (6) If the land-holder does not carry out the activity in accordance with a requirement in the notice mentioned in subsection (3) (c)— (a) the Territory may carry out the activity; and (b) the reasonable expenses incurred by the Territory in carrying out the activity are a debt owing to the Territory by the land-holder. (7) Subsection (6) (b) does not apply to a tree or vegetation growing on the land before a territory network facility was installed on the land. (8) Subsection (2) does not apply, and the Territory may carry out the operations at its own expense, in urgent circumstances in which it is necessary to protect— (a) the integrity of a territory network or a territory network facility; or