Tasmanian Numbered Acts

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NEIGHBOURHOOD DISPUTES ABOUT PLANTS ACT 2017 (NO. 32 OF 2017) - SECT 13

Right to enter land
(1)  A person may enter land owned by another person if –
(a) the person is authorised under subsection (3) to enter the land; and
(b) the person has, at least 7 days before the entry, in a branch removal notice under section 20(1)  –
(i) given notice in writing to the other person; and
(ii) if the person believes there is a lessee in relation to the land, given notice in writing to the lessee –
that the person is intending to enter the land on a day specified in the notice.
(2)  Subsection (1)(b) does not apply in relation to an entry authorised by a permission given pursuant to section 20(2)(c) .
(3)  A person is authorised to enter land owned by another person if –
(a) the entry is pursuant to a permission given, pursuant to section 20(2)(c) , in a branch removal notice under section 20(1) ; or
(b) the person has agreed with the other person to carry out work relating to plants or is acting on behalf of a person who has entered into such an agreement; or
(c) the Appeal Tribunal has ordered that work be carried out by the person or a person acting on behalf of the person.
(4)  A person may only enter land under this section if the entry is made at a reasonable time and is made only to the extent necessary to carry out the work for which the entry on the land is required.
(5)  A person is not authorised under this section to enter a dwelling on any land.
(6)  If a person is authorised to enter land under this section, the owner of the land must take reasonable steps to ensure that it is safe for the person to enter the land, including by ensuring, if necessary to ensure such safety, that any animal on the land is restrained.



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