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NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 42 Trees to which this chapter applies

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) ACT 2011 - SECT 42

Trees to which this chapter applies

42 Trees to which this chapter applies

(1) Subject to subsections (2) to (5) , this chapter applies to trees on the following land—
(a) land recorded in the freehold land register;
(b) land the subject of a lease or licence under the Land Act 1994 ;
(c) land subject to an occupation permit or stock grazing permit under the Forestry Act 1959 , section 35 ;
(d) land subject to a stock grazing permit under the Nature Conservation Act 1992 ;
(e) a reserve, other than a reserve for community purposes, under the Land Act 1994 .
(2) A regulation may provide that this chapter, or a stated provision of this chapter, does not apply to trees situated on land within a stated local government area.
(3) This chapter does not apply to trees situated on—
(a) rural land; or
(b) a parcel of land that is more than 4 hectares; or
(c) land owned by a local government that is used as a public park; or
(d) land prescribed by regulation.
(4) This chapter does not apply to trees planted or maintained—
(a) for commercial purposes; or
(b) under an order of a court or tribunal; or
(c) as a condition of a development approval.
(5) To remove any doubt, it is declared that this chapter does not apply to trees situated on unallocated State land.