• Specific Year
    Any

PUBLIC UNLEASED LAND ACT 2013 - SECT 31 Direction to prune tree etc overhanging public unleased land

PUBLIC UNLEASED LAND ACT 2013 - SECT 31

Direction to prune tree etc overhanging public unleased land

    (1)     This section applies if the director-general believes on reasonable grounds that a tree or other plant on leased land is—

        (a)     overhanging public unleased land; and

        (b)     likely to obstruct or inconvenience anyone on the public unleased land.

Example—other plant

a hedge

    (2)     The director-general may direct (a plant pruning direction ) the occupier of the land on which the tree or other plant is growing to prune the tree or other plant.

    (3)     However, if the tree or other plant is a registered tree and the pruning would or may damage the tree, a tree damaging activity approval for the pruning must be in force before the director-general issues the plant pruning direction.

Note     A tree damaging activity approval is not needed for a regulated tree because anything done in relation to a regulated tree under a plant pruning direction is an exception to an offence under the Urban Forest Act 2023

, s 16 or s 17 (see that Act

, s 18 (1) (e) (i)).

    (4)     The plant pruning direction must—

        (a)     be in writing; and

        (b)     state the public unleased land; and

        (c)     identify the tree or other plant; and

        (d)     state how the tree or plant must be pruned; and

        (e)     state when the direction must be complied with, being a day at least 7 days after the direction is given to the occupier; and

        (f)     if subsection (3) applies to the tree or other plant—be accompanied by the tree damaging activity approval.

Note     Power to make the direction includes power to amend or repeal the direction (see Legislation Act

, s 46).