South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 245

245—Liability for injury, damage or loss caused by certain trees

        (1)         A council is not liable for any damage to property which results from—

            (a)         the planting of a tree in a road; or

            (b)         the existence of a tree growing in a road (whether planted by the council or not).

        (2)         However, if—

            (a)         the owner or occupier of property adjacent to the road has made a written request to the council to take reasonable action to avert a risk of damage to property of the owner or occupier from the tree; and

            (b)         the council has failed to take reasonable action in response to the request,

the council may be liable for any damage to property that would have been averted if the council had taken reasonable action in response to the request.