Part 3Enforcement of orders
15Failure to comply with order
(1)
A person must not fail to comply with any
requirement imposed on the person by an order under Part 2 or
2A.
Maximum penalty: 1,000 penalty
units.
(2)
Proceedings for an offence under subsection (1)
may be taken before the Court in its summary
jurisdiction.
s 15: Am 2010 No 27,
Sch 1 [12].
16Successors in title bound by order
(1)
If the Court makes an order under Part 2
requiring a person who is an owner of land on which a tree is situated (an
original owner) to carry
out work in relation to the tree within a specified period and the original
owner ceases to be the owner of the land before the work is carried out, a
successor in title to the owner:
(a)
is required to carry out that work,
and
(b)
to that extent, is bound by the order in the same
way as the original owner (except as provided by this
section).
(1A)
If the Court makes an order under Part 2A
requiring a person who is an owner of land on which 2 or more trees are
situated (an original trees
owner) to carry out work in relation to a tree or trees
within a specified period and the original trees owner ceases to be the owner
of the land before the work is carried out, the immediate successor in title
to the owner:
(a)
is required to carry out that work,
and
(b)
to that extent, is bound by the order in the same
way as the original trees owner (except as provided by this
section).
(2)
The successor in title is bound by the order only
if the applicant for the order, or the immediate successor in title of the
applicant who is entitled to the benefit of the order under section 16A, gives
a copy of the order to the successor in title.
(3)
For the purposes of this section the specified
period within which the work is required to be carried out under the order is
taken to commence from the date on which the copy of the order is given to the
successor in title.
s 16: Am 2010 No 27,
Sch 1 [13] [14].
16AImmediate successor in title to benefit from certain tree
orders
If the Court makes an order under Part 2 in
relation to a tree that has caused, or is causing, damage to the
applicant’s property, or is likely to cause injury to any person, a
person who is the immediate successor in title to the applicant is entitled to
the same benefits and rights as the applicant in respect of the
order.
s 16A: Ins 2010 No
27, Sch 1 [15].
17Carrying out of work by local council
(1)
If the Court has made an order under Part 2 or 2A
requiring the owner of land on which a tree is situated to carry out work in
relation to the tree within a specified period, a person authorised by the
council of the local government area in which the tree is situated (an
authorised person)
may enter the land for the purpose of either or both of the following:
(a)
ascertaining whether the owner has carried out
the work in accordance with the order,
(b)
carrying out the work if the owner has failed to
carry out the work in accordance with the order.
(2)
An authorised person may enter land under this
section only if the applicant for the order concerned has requested the
council to act under this section.
(3)
Before an authorised person enters land under
this section, the council must give the owner of the land written notice of
the intention to enter the land.
(4)
The notice must specify the day on which the
authorised person intends to enter the land and must be given before that
day.
(5)
This section does not require notice to be
given:
(a)
if entry to the land is made with the consent of
the owner of the land, or
(b)
if entry to the land is required because of the
existence or reasonable likelihood of a serious risk to safety,
or
(c)
if entry is required urgently and the case is one
in which the general manager of the council has authorised in writing (in the
particular case) entry without notice.
(6)
An authorised person may not enter or inspect, or
carry out work on, land under this section unless the authorised person is in
possession of an authority and produces the authority if required to do so by
the owner of the land.
(7)
The authority must be a written authority that is
issued by the council and that:
(a)
states that it is issued under this Act,
and
(b)
gives the name of the person to whom it is
issued, and
(c)
describes the land to which the authority
applies, and
(d)
states that the person has the power to enter the
land and states either or both of the following:
(i)
that entry to the land is required for the
purpose of ascertaining whether the owner has carried out work in accordance
with an order under Part 2 or 2A of this Act,
(ii)
that the person has the power to carry out work
in accordance with such an order, and
(e)
identifies this section as the source of the
powers referred to in paragraph (d), and
(f)
states the date (if any) on which it expires,
and
(g)
bears the signature of the general manager of the
council.
(8)
The council may recover, in a court of competent
jurisdiction, the following from a person who is bound by an order under Part
2 or 2A:
(a)
the reasonable costs of carrying out work under
this section,
(b)
the amount prescribed by the regulations as the
administrative cost for arranging the carrying out of work under this
section.
s 17: Am 2010 No 27,
Sch 1 [16]–[18].
17ARegistration of judgment debt as charge on
land
(1)
The council may, after obtaining an order of a
court in proceedings against an owner of land for the recovery of costs in
accordance with section 17 (8), apply to the Registrar-General for
registration of the order in relation to that land.
(2)
An application under this section must define the
land to which it relates.
(3)
The Registrar-General must, on application under
this section and lodgment of the court order, register the order in relation
to the land in such manner as the Registrar-General thinks
fit.
(4)
There is created by force of this section, on the
registration of the order, a charge on the land in relation to which the order
is registered to secure the payment to the council of the amount payable under
the order.
(5)
Such a charge ceases to have effect in relation
to the land:
(a)
if the council certifies in writing that the
amount payable under the order has been paid to the council or that the
council has otherwise agreed to the cancellation of the charge—on
registration of the cancellation of the charge by the Registrar-General,
or
(b)
on the sale or other disposition of the property
with the consent of the council, or
(c)
on the sale of the land to a purchaser in good
faith for value who, at the time of the sale, has no notice of the
charge,
whichever first occurs.
(6)
Such a charge is subject to every charge or
encumbrance to which the land was subject immediately before the order was
registered and, in the case of land under the provisions of the Real Property Act 1900, is subject to
every prior mortgage, lease or other interest recorded in the Register kept
under that Act.
(7)
Such a charge is not affected by any change of
ownership of the land, except as provided by subsection
(5).
(8)
If:
(a)
such a charge is created on land of a particular
kind and the provisions of any law of the State provide for the registration
of title to, or charges over, land of that kind, and
(b)
the charge is so
registered,
a person who purchases or otherwise acquires the land
after the registration of the charge is, for the purposes of subsection (5),
taken to have notice of the charge.
(9)
If such a charge relates to land under the
provisions of the Real Property Act
1900, the charge has no effect until it is registered
under that Act.
(10)
A council that makes an application under this
section for registration of a court order may, by notice in writing, require
the person against whom the order was made to pay all or any of the reasonable
costs and expenses incurred by the council in respect of the registration of
the court order. The council may recover any unpaid amounts specified in the
notice as a debt in a court of competent jurisdiction.
(11)
In this section, a reference to an order of a
court includes a reference to a judgment of a court.
s 17A: Ins 2010 No
27, Sch 1 [19].