70Trees and shrubs

70 Trees and shrubs (1) If: (a) trees, crops or shrubs are located within 1.5 metres either side of the centreline of any water supply infrastructure or sewerage services infrastructure and it is necessary for a licensee to gain access to the water supply infrastructure or sewerage services infrastructure; or (b) trees, crops or shrubs pose a danger to works that are required to be undertaken on any water supply infrastructure or sewerage services infrastructure, the licensee may, without notice, cause the trees, crops or shrubs to be removed. (2) A licensee who causes trees, crops or shrubs to be removed under subsection (1): (a) is not required to restore to its previous standard the area from which the trees, crops or shrubs were removed; and (b) is not liable to pay compensation for removing the trees, crops or shrubs. (3) If damage to or blockage of any water supply infrastructure or sewerage services infrastructure has been caused by a tree, a licensee may, by written notice, to the owner of the land on which the tree is growing: (a) require the owner to remove: (i) the tree and the roots; or

Water Supply and Sewerage Services Act 2000 37 (ii) the part of the roots, that are causing the damage or blockage; and (b) require the owner to repair the sewerage services infrastructure and restore the surface conditions of the land and adjoining land, if necessary. (4) The notice is to specify the time within which the owner must comply with the notice. (5) The costs of complying with the notice are to be paid by the owner. (6) If an owner elects to remove the roots of a tree only under subsection (3)(a)(ii), the owner must give an undertaking in writing that he or she is responsible for paying any costs incurred due to a recurrence of the damage or blockage caused by roots of the same tree. (7) If the person given the notice does not comply with it, the licensee may authorise a person to enter the land (with or without employees, vehicles, plant, equipment or materials) and remove the tree. (8) The cost of removing a tree under subsection (7) is a debt due and payable by the owner of the land to the licensee.