(1) If the Court has made an order under Part 2 or 2A requiring the
owner of land on which a tree is situated to carry out work in relation to the
tree within a specified period, a person authorised by the council of the
local government area in which the tree is situated (an
"authorised person" ) may enter the land for the purpose of either or both of
the following:
(a) ascertaining whether the owner has carried out the work in
accordance with the order,
(b) carrying out the work if the owner has failed
to carry out the work in accordance with the order.
(2) An authorised person
may enter land under this section only if the applicant for the order
concerned has requested the council to act under this section.
(3) Before an
authorised person enters land under this section, the council must give the
owner of the land written notice of the intention to enter the land.
(4) The
notice must specify the day on which the authorised person intends to enter
the land and must be given before that day.
(5) This section does not require
notice to be given:
(a) if entry to the land is made with the consent of the
owner of the land, or
(b) if entry to the land is required because of the
existence or reasonable likelihood of a serious risk to safety, or
(c) if
entry is required urgently and the case is one in which the general manager of
the council has authorised in writing (in the particular case) entry without
notice.
(6) An authorised person may not enter or inspect, or carry out work
on, land under this section unless the authorised person is in possession of
an authority and produces the authority if required to do so by the owner of
the land.
(7) The authority must be a written authority that is issued by the
council and that:
(a) states that it is issued under this Act, and
(b) gives
the name of the person to whom it is issued, and
(c) describes the land to
which the authority applies, and
(d) states that the person has the power to
enter the land and states either or both of the following:
(i) that entry to
the land is required for the purpose of ascertaining whether the owner has
carried out work in accordance with an order under Part 2 or 2A of this Act,
(ii) that the person has the power to carry out work in accordance with such
an order, and
(e) identifies this section as the source of the powers
referred to in paragraph (d), and
(f) states the date (if any) on which it
expires, and
(g) bears the signature of the general manager of the council.
(8) The council may recover, in a court of competent jurisdiction, the
following from a person who is bound by an order under Part 2 or 2A:
(a) the
reasonable costs of carrying out work under this section,
(b) the amount
prescribed by the regulations as the administrative cost for arranging the
carrying out of work under this section.
