New Tree Regulations Tree Owners Responsibilities Marlborough Lines Contracting

Hazards from Trees

New Regulations Now in Force

New regulations about the safety of trees relative to power lines became effective from July 2005. The Electricity (Hazards from Trees) Regulations 2003 set down rules for tree owners and electricity network companies with regard to cutting or trimming trees that grow too close to electricity network lines.

The legislation requires clearances of 2.6 metres for 11kV lines and 1.5 metres for those of lower voltage

For reasons of both public safety and protection of your power supply, trees need to be kept at a safe distance from power lines. Trees can become a dangerous hazard to humans, animals and equipment and can interrupt your power supply when they grow too close to power lines. They have the potential to cause power surges and appliance damage, power failure, fire, electric shock or electrocution. We have an ongoing tree inspection programme on our network lines to ensure adequate clearances are maintained however if you are aware of a tree or overhanging branch that is in close proximity to a line (closer than 2.5 metres) please call us.

The key points of the new legislation are as follows:

Marlborough Lines’ Responsibilities

All electricity network companies, including Marlborough Lines are required by the regulations to ensure that trees do not grow too close to our (network) lines or electrical equipment. We are responsible for:

• Inspecting our networks to identify trees inside the Growth Limit zone. The Growth Limit zone specifies the distance around power lines and electrical equipment which must be kept clear of trees, shrubs and vegetation. The Growth Limit zone varies for different voltages and span lengths. (There is a schedule in the regulations that Marlborough Lines can provide you as required to determine appropriate distances.)

• Providing the First Cut or Trim free of charge for trees inside the Notice Zone unless the tree is covered by a previous arrangement with us or is part of a horticultural shelterbelt. The Notice Zone is the space extending not more than 1 metre beyond the Growth Limit Zone. This zone provides for growing time so that trees can be cut before they grow into the Growth Limit Zone.

• Notifying tree owners with a Cut or Trim Notice when a tree is too close to power lines.

• Ensuring that the tree owner complies with the Cut or Trim Notice and the regulations.

Tree Owner's Responsibilities

Network power lines
After the First Cut or Trim, it is the tree owner's responsibility to keep the tree clear of the Growth Limit zone around network power lines. Marlborough Lines will notify residents of a property with a Cut or Trim Notice when a tree needs to be cut or trimmed. The tree owner must comply with that notice using an approved arborist, within the time stated. Tree owners who fail to cause the tree to be cut or trimmed, or fail to advise of the time and location of the cutting or trimming of the tree, could be fined up to $10,000 and other costs, and could also be liable for costs if power lines or equipment are damaged by a tree. If the offence continues a further fine of up to $500 per day could be imposed for every day or part of a day that the offence continues.

Important: Do not trim trees near network lines yourself as this is very dangerous. The regulations require that the work be undertaken only by professional arborists approved by the electricity network company.

In Marlborough tree trimming can be undertaken by Marlborough Lines Contracting or other approved arborists. The Department of Labour’s Safety and Health Service has issued an improved code of practise for tree work and a Code on Tree Maintenance around powerlines.

Service lines
The property owner is responsible for the maintenance and repair of electrical lines and equipment, known as service lines, on their property. This means that property owners are responsible for the costs of trimming trees near their service lines.

Marlborough Lines Contracting can trim trees around service lines. For a quote and to book a crew to trim trees near your service line call 577 7007, or alternatively you can hire another qualified arborist or you can do-it-yourself – but remember that unless you are using someone qualified to work around live lines, always have your power supply temporarily disconnected before working near service lines.

To arrange a temporary disconnection phone us on 577 7007

Penalties
Electricity networks and tree owners must comply with the requirements of the regulations and are both liable for financial penalties if they fail to comply.

A notice to cut or trim a tree cannot be ignored.

Tree owners must comply with the notice in the time stated and advise of the time and location of the cutting or trimming of the tree or they could be fined up to $10,000 and other costs, and could also be liable for costs if power lines or equipment are damaged by a tree.  If the offence continues a further fine of up to $500 per day could be imposed for every day or part of a day that the offence continues.

Dispensation and disputes
Tree owners are entitled to request dispensation from a notice to cut or trim a tree. However under the new regulations trees must be kept clear of the Growth Limit zone - dispensation cannot be granted for a tree which is inside this area.

When a tree owner requests dispensation, Marlborough Lines will check whether or not the tree is inside the Growth Limit zone and consider the other safety issues required by the regulations. The Minister of Economic Development is responsible for appointing arbitrators to hear and determine disputes between tree owners and network owners. The regulations allow a tree owner to contact an arbitrator in the case of a dispute if:

a.    the network owner has refused to grant a dispensation which the tree owner believes should have been granted;

or

b.    a dispensation has been granted but the tree owner does not agree with its terms.

If you have any concerns or queries about your tree trimming responsibilities please do not hesitate to give us a call. Through acting together we can eliminate danger and maximise the security of your electricity supply.

Click here to download Acrobat Pdf files of:
Complete - Electricity (Hazards from Trees) Regulations 2003
Ministry of Economic Development Summary of Electricity (Hazards from Trees) Regulations 2003