56XRemoval of trees

56X Removal of trees

(1)  A regulated entity may, by notice in writing, require the owner of any land to remove any tree on that land if the regulated entity reasonably decides that the tree is obstructing or damaging the regulated entity's works or that it is likely to obstruct or damage them.

(2)  If the tree required to be removed is not on land over which –

(a) an easement exists in favour of the regulated entity; or

(b) an easement exists for water infrastructure or sewerage infrastructure –

the regulated entity must, subject to subsection (7) , pay compensation to the owner of the land under the Land Acquisition Act 1993 .

(3)  The owner may, within 7 days after receiving a notice under subsection (1) to remove a tree, object to the regulated entity.

(4)  A regulated entity must take into account any objection made to it under subsection (3) and must advise the owner, in writing, of its decision in relation to the objection and the reasons for its decision.

(5)  If the owner refuses or fails to comply with the notice under subsection (1)  –

(a) within the time specified in the notice; or

(b) if the owner has objected, within 7 days after the owner receives notice from the regulated entity that the objection is not upheld; or

(c) within any longer time allowed by the regulated entity –

the regulated entity may, after giving 21 days' notice of its intention to do so, remove the tree and recover from the owner the reasonable costs of the removal.

(6)  The regulated entity may recover from the owner the reasonable cost of any repairs to the regulated entity's works that are necessary to repair the damage caused by a tree that is removed by the owner or the regulated entity after service of a notice under subsection (1) .

(7)  A regulated entity is not liable to pay compensation for the removal of a tree that is planted after the completion of the works of the regulated entity that are obstructed, damaged or at risk.