Trees (Disputes Between Neighbours) Act 2006 No 126
Current version for 2 August 2010 to date (accessed 24 May 2013 at 01:51)
Part 4

Part 4 Miscellaneous

18   Rights under other Acts or laws

Except as provided by section 5, nothing in this Act affects the rights that a person has under any other Act or law to interfere with any tree that is not owned by the person.
Note. For example, under the Access to Neighbouring Land Act 2000, the Local Court may make a neighbouring land access order that authorises an owner of land to access, and carry out work on, adjoining land for any of the following purposes:
(a)  ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,
(b)  replacing any hedge, tree or shrub,
(c)  removing, felling, cutting back or treating any hedge, tree or shrub.

By way of another example, under the Electricity Supply Act 1995, an electricity network operator may, in certain circumstances, trim or remove a tree if the operator has reasonable cause to believe that the tree:

(a)  could destroy, damage or interfere with its electricity works, or
(b)  could make its electricity works become a potential cause of bush fire or a potential risk to public safety.

19   Act to bind Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

20   Regulations

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

21   Savings, transitional and other provisions

Schedule 1 has effect.

22   (Repealed)

23   Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
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