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Contents (2006 - 126)
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Trees (Disputes Between Neighbours) Act 2006 No 126
Current version for 1 July 2018 to date (accessed 23 February 2020 at 22:23)
Part 1 Section 4
4   Act applies to trees on certain land
(1)  This Act applies only to trees situated on the following land:
(a)  any land within a zone designated “residential”, “rural-residential”, “village”, “township”, “industrial” or “business” under an environmental planning instrument (within the meaning of the Environmental Planning and Assessment Act 1979) or, having regard to the purpose of the zone, having the substantial character of a zone so designated,
(b)  any land of a kind prescribed by the regulations for the purposes of this section.
(2)  This Act does not apply to trees situated on:
(a)  any land that is vested in, or managed by, a council, or
(b)  any land of a kind prescribed by the regulations.
(3)  For the purposes of this Act, a tree is situated on land if the tree is situated wholly or principally on the land.
(4)  Without limiting subsection (3), a tree that is removed following damage or injury that gave rise to an application under Part 2 is still taken to be situated on land for the purposes of the application if the tree was situated wholly or principally on the land immediately before the damage or injury occurred.