New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 48

48 Maintenance of trees

(1) The operator of a community must--

(a) ensure that all trees in the community are properly maintained, and

(b) take reasonable action if a home owner reports that a tree has caused or is likely to cause injury to a person or damage to property.

Note : For example, the operator may be required to trim dead tree branches or remove tree roots causing damage to driveways, pipes and other property.

(2) A home owner in a community, or an occupant in the home owner's home, must not plant a tree, or authorise a tree to be planted, in the community without the consent of the operator.

(3) An operator is not required under this section to take any action that is prohibited by law.

(4) The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator's compliance with subsection (1).

(5) The Tribunal may, on application by an operator, make an order for the removal of a tree that has been planted without the consent referred to in subsection (2). Without limitation, an order may require the home owner concerned to remove the tree at the home owner's expense or require the home owner to pay to the operator the reasonable costs of removing the tree.