Owner’s declaration of No Interest

Under specific criteria, tree owners will have the right to declare ‘No-Interest’ in a tree on their own property and thus avoid ongoing cutting or trimming costs. Top Energy will then assume responsibility under the Regulations for the tree but will then determine whether to trim or permanently remove the tree or vegetation.

To be eligible for No-Interest, at least one of the following criteria as set out in the Regulations must be met:

a.  the tree was self-sown, or
b.  the tree was planted before the commencement of the regulations (15 January 2004) and at the time of planting it was believed on reasonable grounds that when fully grown the tree would not encroach into the Growth Limit Zone, or
c.  the tree was planted on or after 15 January 2004 and at the time of planting it was believed on reasonable grounds that when fully grown the tree would not encroach into the Growth Limit Zone.

Shelter belts, visual screening hedges or commercially planted crop trees are unlikely to qualify for No-Interest.

Our Cut or Trim Notices and Hazard Notices include a section where you can notify us of your No-Interest. You may also notify us in writing at anytime in the manner detailed in the Regulations. Please include details of the tree location and preferably tell us the identification numbers on the power poles either side of the tree.

If you give notice of No-Interest but then refuse to allow Top Energy to enter the land for the purpose of removing or trimming the tree, then the No-Interest tree notice is immediately rescinded.

 

Entitlement to a first cut or trim, without charge

If Top Energy has issued a Cut or Trim Notice and the tree has not previously been the subject of a Cut or Trim Notice or a previous invoice for trimming work (I.e. this will be the first cut or trim), then Top Energy will provide a cut or trim, to the extent necessary to clear the Notice Zone, at no charge to the tree owner. The cost of subsequent cuts or trims is the responsibility of the tree owner. In many circumstances the most economic solution for tree owners will be to have the tree felled as part of the first cut or trim – thus avoiding ongoing cutting or trimming costs.

Owners of shelterbelts, visual screen hedges and owners of commercial crop trees may qualify for a first cut or trim without charge, but this will be limited to the extent necessary to remove the tree or vegetation from the Notice Zone. It is recommended that owners adopt an ongoing plan of regular maintenance which limits the height and/or thickness of their shelterbelts and hedges that are close to power lines. This will prevent the owner having to pay for a costly close proximity cutting or trimming which requires specialist personnel, equipment and procedures. Please contact a Top Energy Vegetation Advisor for assistance.

If a tree owner does not comply with a Cut or Trim Notice in the stated time scales, they lose the right to a first cut or trim without charge.