60Interference with water industry infrastructure by trees

60 Interference with water industry infrastructure by trees

60 Interference with water industry infrastructure by trees

(1) If a registered operator has reasonable cause to believe that a tree is destroying, damaging or interfering with the registered operator’s water industry infrastructure, the registered operator may, by written notice, require the owner of the land on which the tree is situated, within a reasonable period specified in the notice, to remove the tree, including all roots of the tree that are or may be destroying, damaging or interfering with that infrastructure.

(2) The registered operator must reimburse the owner for the reasonable expenses of any action taken by the owner under this section unless the registered operator establishes that—

(a) after the water industry infrastructure was first constructed, an owner or occupier planted the tree, or caused or permitted the tree to be planted, in, on or near the infrastructure in circumstances in which the owner or occupier should have known that destruction of, damage to or interference with the infrastructure would result, or

(b) the water industry infrastructure is located, within the land on which the tree has been planted, on land that was the subject of an easement in favour of the registered operator (or a predecessor of the registered operator) or an easement for water or sewerage service purposes when the tree was planted.

(3) An owner given notice under this section may, with the consent of the registered operator and without destroying, damaging or interfering with the registered operator’s water industry infrastructure, take steps, other than removal of the tree, to eliminate the cause of the destruction of, damage to or interference with that infrastructure and any reasonable expectation of the destruction, damage or interference occurring in the future.

(4) No compensation is payable by the registered operator to a person for the expenses of taking steps under subsection (3).

(5) If, in circumstances other than those referred to in subsection (3), an owner fails to comply with a notice under this section within the period specified in the notice or within any extension of that period allowed by the registered operator in writing, the registered operator may remove the tree at its own expense.

(6) The registered operator may recover from an owner the cost of removing a tree under subsection (5), but only if the registered operator establishes—