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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION OF ACT

Part III NATIONAL PARKS AND NATURE RESERVES

Part IV PROTECTION AND CONSERVATION OF TREES AND PLANTS

Division 1 — Tree conservation areas

Division 2 — Heritage road green buffers

Division 3 — Approvals, reinstatement notices and evidence

Part V PLANTING AREAS, PUBLIC OPEN SPACES AND GREEN VERGES

Division 1 — Planting areas and streetscapes

Division 2 — Open spaces set aside as public parks

Division 3 — Green verges

Division 4 — Specifications and approvals

Part VI PREVENTION OF DANGERS

Part VII POWERS OF ENFORCEMENT

Part VIII OFFENCES, PENALTIES AND PROCEEDINGS

Part IX GENERAL

THE SCHEDULE Areas Designated As National Parks and Nature Reserves

Legislative Source Key

Legislative History

Comparative Table

 
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On 26/05/2013, you requested for the version in force on 26/05/2013 incorporating all amendments published on or before 26/05/2013. The closest version currently available is that of 02/01/2011.
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PART VI
PREVENTION OF DANGERS
Trees and plants obstructing traffic
37.  Where the Commissioner is satisfied that any tree or plant, whether or not dead or dying, on any premises adjoining a street, railway or rapid transit system or any part thereof —
(a)
is likely, by falling or otherwise, to obstruct the traffic on the street, railway or rapid transit system or endanger the lives or property of travellers thereon; or
(b)
is obstructing or is likely, in any way, to obstruct the view of —
(i)
any motorist on the street; or
(ii)
any operator of the railway or rapid transit system,
the Commissioner may serve an enforcement notice requiring the occupier of the premises to take such measures (including cutting the tree or plant or any part of it) as the Commissioner thinks fit within the time specified in the notice.
[Parks and Trees 1996 Ed., s. 11 (1)]
Imminently dangerous trees or plants
38.
—(1)  Where the Commissioner is satisfied that —
(a)
the condition of any tree or plant, whether or not dead or dying, on any premises constitutes an immediate threat to life or property; or
(b)
it is reasonably necessary to cut or damage a tree or plant, whether or not dead or dying, on any premises to protect human life or property from fire or for extinguishing or restricting the spread of fire,
he may take such measures and do such works on those premises or other premises adjacent thereto as may be necessary to cut or damage the tree or plant or any part of it.
(2)  All costs and expenses incurred by the Commissioner under subsection (1) shall constitute a debt due from the occupier of the premises referred to in that subsection to the Board, and may be recoverable in the manner provided for in this Act.
[Parks and Trees 1996 Ed., s. 12]