(1)  Regulation 220(1)(a) and (b) do not apply in connection with tree lopping if –

(a) a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and

(b) the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a) ; and

(c) a crane is used to put the competent person in the tree to lop it; and

(d) the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and

(e) while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.

(2)  In this regulation, harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall-arrest systems – Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.