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.

No-interest tree notices

15 No-interest tree notice

(1)

An owner or occupier of any land on which a tree is growing may give a no-interest tree notice to a works owner if subclause (2), subclause (3), or subclause (4) applies.

(2)

Subclause (1) applies if—

(a)

the tree was naturally sown in the vicinity of an existing works; and

(b)

the tree encroaches or may encroach the notice zone or growth limit zone in respect of a conductor belonging to the works owner; and

(c)

that conductor is situated on the land on which the tree is growing, or on the adjoining land.

(3)

Subclause (1) applies if—

(a)

the tree was planted in the vicinity of an existing works before the commencement of these regulations; and

(b)

at the time of planting, the tree owner believed on reasonable grounds that the tree, when fully grown, would not interfere with any conductor.

(4)

Subclause (1) applies if—

(a)

the tree was planted in the vicinity of an existing works on or after the commencement of these regulations; and

(b)

at the time of planting, the tree owner believed on reasonable grounds that the tree, when fully grown, would not encroach on a growth limit zone.

(5)

An owner or occupier may give a no-interest tree notice whether or not the owner or occupier has received a hazard warning notice or a cut or trim notice in respect of the tree to which the notice relates.

(6)

If an owner or occupier wishes to give a no-interest tree notice and the owner or occupier has received a cut or trim notice in respect of the tree to which the no-interest tree notice relates, the owner or occupier must give the no-interest tree notice no later than 10 working days after the date on which the tree owner received that cut or trim notice.

(7)

A no-interest tree notice must be in writing and be given in the manner required by regulation 23.