55. Act not to affect liability in tort of occupier

Terms defined in s 2

• damage

  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

  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

  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;

  Open s 2
• tree

  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