Electricity (Hazards from Trees) Regulations 2003

  • Regulations 15(7) and 19(4) corrected on 6 August 2021 under section 25(1)(j)(iii) of the Legislation Act 2012.
16 Purpose and effect of no-interest tree notice

(1)

The purpose of a no-interest tree notice is to notify a works owner that the owner or occupier of the land on which the tree is growing has no interest in the tree.

(2)

Subject to regulation 17, if a works owner receives a no-interest tree notice, the works owner may cause the tree to be removed or trimmed to an extent determined by the works owner if the works owner first obtains permission to enter the land on which the tree is growing from the owner or occupier who gave the notice.

(3)

If—

(a)

a works owner receives a no-interest tree notice; and

(b)

the works owner fails to remove the tree or trim it within 20 working days after the date on which the works owner received the notice; and

(c)

the tree causes damage to any works of the works owner,

the owner or occupier who gave the notice is not liable for the costs of remedying that damage.

(4)

If a works owner causes a tree to be removed or trimmed under subclause (2), the works owner, if so requested by the owner or occupier of the land, must either—

(a)

remove or cause to be removed any debris produced in the removal or trimming of the tree; or

(b)

ensure that any debris produced in the removal or trimming of the tree does not interfere with the use or enjoyment of the land by its owner or occupier.