New South Wales Consolidated Acts

SYDNEY WATER ACT 1994 - SECT 46

46 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, on land that was the subject of an easement in favour of the Corporation (or a predecessor of the Corporation) or an easement for water supply, sewerage or stormwater drainage purposes when the tree was planted.

(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) The Corporation may recover from an owner the cost of removing a tree under subsection (5), but only if the Corporation establishes:

(a) that the tree was planted during the ownership of that owner, and

(b) that:

(i) an owner or occupier should have known that the planting of the tree would result in the destruction of, damage to or interference with the work concerned, or

(ii) the tree was planted on land that was then the subject of an easement in favour of the Corporation (or a predecessor of the Corporation) or an easement for water supply, sewerage or stormwater drainage purposes.

(7) 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) an interim heritage order, or a listing on the State Heritage Register, under the Heritage Act 1977 , or

(b) an order in force under section 136 of the Heritage Act 1977 , or

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

(d) a protection conferred by any similar law.

(8) 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.

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