New South Wales Consolidated Acts

HUNTER WATER ACT 1991 - SECT 27

27 Interference with works by trees

(1) If the Corporation has reasonable cause to believe that a tree is destroying, damaging or interfering with a work of the Corporation, the Corporation 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 the work.

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

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

(b) the work of the Corporation is located, within the land on which the tree has been planted, in land that is the subject of an easement in favour of the Corporation or an easement for water supply, sewerage or drainage purposes.

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

(4) No compensation is payable by the Corporation 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 Corporation in writing, the Corporation may remove the tree at its own expense.

(6) This section applies despite the existence of a tree preservation order or environmental planning instrument but does not apply to any tree that is the subject of or is within an area that is the subject of:

(a) to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies or to which an order under section 136 of that Act applies, or

(b) an interim protection order under the National Parks and Wildlife Act 1974 , or

(c) a protection conferred by any similar law.

(7) Nothing done by an owner of land in compliance with a notice under this section or by the Corporation under subsection (5) constitutes an offence against any law under which a tree preservation order or environmental planning instrument relating to the land is made.

(8) In this section, "tree" includes shrub or other plant.