Removing hazardous situation caused by trees

01. Introduction

(a) The people’s comfort, convenience, welfare and protection of all facilities are significant among the duties assigned to the Local Government Institutions.These matters include prevention of public nuisance.In the event that a certain tree or any part thereofmay cause a hazardous situation to an outsider who is not the owner of the tree, the basic law has given authority to the Executive Head of the Local Government Institution to remove that hazard.

(b) When such a complaint is received, it is essential to carefully check whether the tree in question or any part thereof poses a threat to a person’s property or life and is important to ensure that the authoritygiven to the Executive Head of the Local Government is exercised only in such a case.

(c) Since there may be cases where such requests are submitted to the Local Government Institution in connection with private disputes between certain persons (Among land owners/joint owners/families) and court proceedings have been initiated regarding the land ownership disputes, it is important to draw attention to the matter.

(d) It is imperative to clearly identify whether the whole tree or any part thereof or a fruit or fruits is likely to cause the hazardin relation to the complaint.

(e) Where sufficient facts have come to light to warrant the removal of any tree in whole or in part which may cause damage to a property or life of any person in any occasion, before issuing an order to fell down that tree, it is also a legal requirement to ascertain whether felling of that tree has been prohibited by the orders made under the Felling of Trees (Control) Act No.9 of 1956 or not.

(f) If any tree or part thereof is hazardous to the owner of the tree or any joint owner of a joint owned land, the hazardous situationshould be removed by the tree owner or joint owners.

02. Legal Authority

(a) Principal Statutes:

i. Section 107 of the Pradeshiya Sabhas Act No. 15 of 1987.

(b) Other Statutes

i. Felling of Trees (Control) Act No.9 of 1956;

ii. Orders made under the Felling of Trees (Control) Act No.9 of 1956.

03 Eligibility

If the following conditions are fulfilled, the person is eligible for this relief.

(a) The hazardous tree must be a tree that is not located on the land owned by him.

(b) It should be possible to confirm that a hazardous situation or a situation where there is a possibility of endangering from a branch, trunk, fruit of a certain tree or the whole tree, other than the one to whom the tree belongs.

Note: When the ownership of the land on which the tree stands is shared by other persons including the applicant, or where legal proceedings are pending over the ownership of the land on which the tree stands, or in case of dispute over the ownership of land, the Executive Head of the Local Government Institution will not undertake to act on a request related to the hazardous situation caused by the tree. When a case related to land ownership is being heard in the court, the plaintiff should be notified to file a motion to report the facts to the court and take action to obtain relief.

04. Fees

This function has been assigned to the Local Government Institutions as it pertains to the prevention of persecution under the powers and functions of public health.Since the function of health and sanitation is a responsibility entrusted with the Local Government Institutions, it is not possible to charge fees for the purpose.

05 Documents to be submitted

The application form prepared as per the Annex hereto should be completed and submitted.

06. Procedure

Procedure	Duration	Responsibility
Accept the application form submitted through the website of the council or handed over to the front office and notify the applicant of the tracking number and the date of the site inspection.		Officer of the Front Office
Refer the application to the Technical Officer through Officer in-charge of the subject.	Date of receipt of application	Officer of the Front Office
Confirm the date of the site inspection to the applicant.	Date of receipt of application	Technical Officer
Conduct site inspection and forward the observation and recommendation report to Engineer/Secretary.	Dates of the site inspection	Technical Officer
Confirm the recommendation of the Technical Officer and refer the application to the Mayor/Chairman for getting the order.	As soon as the recommendation of the Technical Officer is received	Engineer / Secretary
Giving the order regarding the request.	As soon as the recommendation is received	Mayor / Chairman
Notify the tree owner of the order to remove the hazardous situation(with a copy to the Divisional Secretary in case of a treeprohibited for felling).	As soon as the order of Mayor/Chairman is received	Engineer / Secretary

Note: 1. Delegating the power vested in the Mayor/ Chairman to the Engineer/ Secretary to make this order will avoid delay in this work.

2. If the Mayor/Chairman has ordered to fell down the tree completely and the tree in question is a tree of a prohibited type for felling, a copy of the letter indicating the order of the Mayor/Chairman should also be forwarded to the Divisional Secretary of the relevant division.

07. Procedure in case of failure to act as ordered

Procedure	Duration	Responsibility
Reporting by the applicant that the order has not been acted upon.		Applicant
Execution of the relevant order at the expense of the council and directing the owner of the tree to pay the expenses incurred for the same to the council.	As soon as the applicant’s report is received	Engineer / Secretary
If the owner of the tree make defaults in the payment of relevant expenditure, making a requestto the Magistrateto recover the same.	Immediately after the due date for payment	Engineer / Secretary
Ordering to charge the amount due from the tree owner as a fine.	On the day of trial	Magistrate