Electricity (Hazards from Trees) Regulations 2003

  • This version was replaced on 28 August 2017 to make a correction to regulation 4(2) under section 25(1)(j)(ii) of the Legislation Act 2012.
9 Cut or trim notice

(1)

The purpose of a cut or trim notice is to notify a tree owner that a tree encroaches a growth limit zone and must be cut or trimmed.

(2)

A cut or trim notice must be in writing and be given in the manner required by regulation 23.

(3)

A cut or trim notice must contain—

(a)

an explanation of the notice zone and growth limit zone in relation to the conductor and the tree to which the cut or trim notice relates; and

(b)

sufficient information to fairly inform the tree owner of the location and identity of the tree; and

(c)

the time limits within which the tree owner must cause the tree to be cut or trimmed as determined by regulation 10(1) or, if the works owner wishes to exercise the power conferred by regulation 11(3), a statement of the intention of the works owner to cut or trim the tree; and

(d)

an explanation of the works owner’s obligations; and

(e)

a statement that the tree owner may give a no-interest tree notice to the works owner within the time limits specified in regulation 15; and

(f)

a statement that the tree owner may apply to the works owner, within the time limits set out in regulation 19 for a dispensation from cutting or trimming the tree; and

(g)

a statement that the tree owner may apply to an arbitrator, within the time limits set out in regulation 22, if the dispensation is not granted, or the tree owner disagrees with the terms of the dispensation; and

(h)

a list of the names, addresses, and other contact details of all arbitrators appointed under regulation 29; and

(i)

where the works owner is an electricity operator, a statement that the tree owner must, at least 3 working days before the tree is cut or trimmed, advise the works owner of the time and location of the cutting or trimming of the tree; and

(j)

a list of the offences specified in regulation 26(1) that may be committed by a tree owner and the penalties that may be imposed for committing any of those offences; and

(k)

a summary of the tree owner’s liabilities specified in regulation 28.