TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 9
Jurisdiction to make orders
TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006 - SECT 9
Jurisdiction to make orders
9 Jurisdiction to make orders
(1) The Court may make such orders as it thinks fit to remedy, restrain or
prevent damage to property, or to prevent injury to any person, as a
consequence of the tree the subject of the application concerned.
(2) Without
limiting the powers of the Court to make orders under subsection (1), an order
made under that subsection may:
(a) require the taking of specified action to
remedy damage to property, or
(b) require the taking of specified action to
restrain or prevent damage or, if damage has already occurred, further damage,
to property, or
(c) require the taking of specified action to prevent injury
to any person, or
(d) require the making of an application to obtain any
consent or other authorisation referred to in section 6 (1) (a), or
(e)
authorise the applicant concerned to take specified action to remedy, restrain
or prevent damage or (if damage has already occurred) further damage to
property, or
(f) authorise the applicant concerned to take specified action
to prevent injury to any person, or
(g) authorise land to be entered for the
purposes of carrying out an order under this section (including for the
purposes of obtaining quotations for the carrying out of work on the land), or
(h) require the payment of costs associated with carrying out an order under
this section, or
(i) require the payment of compensation for damage to
property, or
(j) require the replacement of a tree that the Court orders to
be removed and for the new tree to be maintained to a mature growth.
