New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 48

48 Interference with electricity works by trees

(1) This section applies if a network operator has reasonable cause to believe that a tree situated on any premises--

(a) could destroy, damage or interfere with its electricity works, or

(b) could make its electricity works become a potential cause of bush fire or a potential risk to public safety.

(2) In those circumstances, a network operator--

(a) may serve a written notice on the owner or occupier of the premises requiring the owner to trim or remove the tree, or

(b) in an emergency, may, at its own expense, trim or remove the tree itself.

(3) A notice under subsection (2) (a)--

(a) must specify the work to be carried out, and

(b) must specify a reasonable time within which the work is to be carried out, and

(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.

(4) Subsection (3) (c) does not apply in either of the following circumstances--

(a) if, after the electricity works were first laid or installed, an owner or occupier of the premises planted the tree, or caused or permitted the tree to be planted, in circumstances in which the owner or occupier ought reasonably to have known that destruction of, damage to or interference with the works would result,

(b) the land in or on which the tree is located, and on or over which the works are located, was the subject of an easement for the benefit of the network operator (or a predecessor of the network operator) when the tree was planted.

(5) If the work is not carried out as required by the notice, the network operator may carry out the work itself.

(6) The cost of carrying out the work may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the owner of the premises on which the tree is situated, but only in the circumstances referred to in subsection (4).

(7) This section applies despite the existence of a tree preservation order or environmental planning instrument (other than a State environmental planning policy), but does not apply to any tree within a protected area or 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 for the purpose of carrying out the work required by a notice under this section constitutes an offence against any law under which a tree preservation order or environmental planning instrument (other than a State environmental planning policy) relating to the land is made.

(9) In this section--

"protected area" means an area that is within--

(a) a national park or nature reserve within the meaning of the National Parks and Wildlife Act 1974 , or

(b) land that is reserved or zoned for environmental protection purposes under the Environmental Planning and Assessment Act 1979 , or

(c) a public reserve within the meaning of the Local Government Act 1993 .

"tree" includes shrub and plant.