Victorian Current Acts

WATER ACT 1989 - SECT 149

    (1)     An Authority may, by notice in writing, require the owner of any property to remove any tree on that property if the Authority reasonably decides that the tree is obstructing or damaging the Authority's works or that it is likely to obstruct or damage them.

    (2)     If the tree required to be removed is not on land over which—

        (a)     an easement exists in favour of the Authority; or

        (b)     an easement exists for water supply, sewerage or drainage purposes—

the Authority must, subject to subsection (7), pay appropriate compensation to the owner of the property in accordance with Part 5 of the Land Acquisition and Compensation Act 1986 .

    (3)     The owner may, within 7 days after receiving a notice to remove a tree, object to the Authority.

    (4)     An Authority must take into account any objection made to it.

    (5)     If the owner refuses or fails to comply with the notice—

        (a)     within the time specified in the notice; or

        (b)     if the owner has objected, within 7 days after he or she receives notice from the Authority that the objection is not upheld; or

        (c)     within any longer time allowed by the Authority—

the Authority may, after giving 21 days' notice of its intention to do so, remove the tree and recover from the owner the reasonable costs of the removal.

    (6)     The Authority may recover from the owner the cost of any repairs to the Authority's works that are necessary to repair the damage caused by a tree that is removed by the owner or the Authority after service of a notice under subsection (1).

    (7)     An Authority is not liable to pay compensation for the removal of a tree that is planted after the completion of the works of the Authority that are obstructed, damaged or at risk.

S. 149(8) substituted by No. 52/1998
s. 311(Sch. 1 item 105.19).

    (8)     An owner may apply to the Tribunal for review of a decision by an Authority not to uphold the owner's objection to a notice to remove a tree.

S. 149(9) inserted by No. 52/1998
s. 311(Sch. 1 item 105.19).

    (9)     An application for review must be made within 28 days after the later of—

        (a)     the day on which the decision is made;

        (b)     if, under the Victorian Civil and Administrative Tribunal Act 1998 , the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.