38. Imminently dangerous trees or plants

(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,the Commissioner 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) constitute a debt due from the occupier of the premises mentioned in that subsection to the Board, and may be recoverable in the manner provided for in this Act.

Terms defined in s 2

Board
Defined · s 2
“Board” means the National Parks Board established under the National Parks Board Act 1996;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Parks and Recreation appointed under section 4(1);
Open s 2
cut
Defined · s 2
“cut”, in relation to a tree or plant, means felling or lopping a tree or plant;
Open s 2
damage
Defined · s 2
“damage”, in relation to a tree or plant, includes —(a)poisoning the tree or plant through —(i)applying any herbicide or other plant toxic chemical to it; or(ii)spilling (including washing off or directing water contaminated by) any oil, petroleum, paint, cement, mortar or the like onto the root zone of the tree or plant;(b)ringbarking the tree or plant or scarring its bark when operating any machinery, or by affixing any object (such as a sign) to it using nails, staples, wires or other means;(c)using tree climbing spikes on a healthy tree (except for the purpose of gaining access to an injured person on it) or fastening materials that significantly restrict the normal vascular function of the trunk or branches of the tree or plant; and(d)causing damage to the tree’s or plant’s root zone by compaction, excavation or asphyxiation (including filling or stockpiling it with materials);
Open s 2
occupier
Defined · s 2
“occupier”, in relation to any premises, means —(a)the person in actual occupation of the premises (whether or not the person is also the owner thereof) or, if there is no person in actual occupation, the person entitled to possession of the premises; and(b)if there is more than one occupier of the premises — any one of the occupiers;
Open s 2
plant
Defined · s 2
“plant” means any member of the plantae, protista, monera or fungi kingdom, and includes any angiosperm, gymnosperm, pteridophyte, bryophyte, algae, lichen or fungus;
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premises
Defined · s 2
“premises” means —(a)any building or land or part thereof; or(b)any place (whether enclosed or built on or not) and includes any place situated underground or under water;
Open s 2
tree
Defined · s 2
“tree” includes a single‑stemmed palm and any part of a tree or single‑stemmed palm (including its seedling, sapling or reshoot);
Open s 2

Report

Part 7

Powers of Enforcement

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Part 8

Offences, Penalties and Proceedings

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Part 9

General

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