Victorian Consolidated Legislation

Transport Act 1983 - SECT 9C

Clearance of trees etc.

9C. Clearance of trees etc.





(1) This section applies if any tree or wood in the vicinity of a railway
track operated or maintained by the Director on behalf of the Crown poses a
risk to the safety of anyone on, or using, the railway track.

Examples The following trees pose a risk to the safety of a person using a
railway track-

   (a)  a tree that obstructs a view of a signal box from a portion of the
        track;

   (b)  a tree near the middle of a curve of the track that restricts the view
        of the track of anyone entering the curve;

   (c)  a tree whose roots are underneath the track.

(1A) The Director may, on behalf of the Crown, by written notice, require the
owner or occupier of any land on which the tree or wood is situated to fell
and remove the tree or wood.

(2) Notice under subsection (1A) may be served on an owner or occupier-

   (a)  personally; or

   (b)  by sending it by post to the owner or occupier at that person's usual
        or last known residential or business address; or

   (c)  by leaving it at the usual or last known residential or business
        address of the owner or occupier with a person on the premises who is
        apparently at least 16 years old and apparently residing or employed
        there; or

   (d)  in a manner prescribed by any other Act or law for service on a person
        or class of person of the same type as the owner or occupier; or

   (e)  if the identity or address of the owner or occupier is not known-

   (i)  by displaying it on the land; and

   (ii) by publishing a copy of it and a description of the land in a
        newspaper circulating generally in Victoria.

(3) In exercising a power under subsection (1A), the Director must act
reasonably.





(4) If the owner or occupier of the land does not comply with the notice
within the time specified in the notice, the Director may-

   (a)  enter the land at any reasonable time and carry out the work specified
        in the notice; and

   (b)  recover on behalf of the Crown the cost of carrying out the work from
        the owner or occupier as a debt.

(5) A power of the Director under this section may be exercised by-

   (a)  the Director personally; or

   (b)  any other person who is authorised in writing by the Director; or

   (c)  any officer or employee of a person referred to in paragraph (b).

(6) Any person acting under subsection (1A) or (4) may fell or remove any tree
or wood that is the subject of a notice under subsection (1A) without the need
to obtain a permit under any relevant planning scheme under the
Planning and Environment Act 1987, despite anything to the contrary in or
under that Act.