Tree Protection Act 2005

Unauthorised version prepared by ACT Parliamentary Counsel’s Office Australian Capital Territory Tree Protection Act 2005 A2005-51 Republication No 19 Effective: 1 July 2018 Republication date: 1 July 2018 Last amendment made by A2017-37 (republication for amendments by A2017-34) http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2017-34/default.asp Unauthorised version prepared by ACT Parliamentary Counsel’s Office About this republication The republished law This is a republication of the Tree Protection Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2018. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2018. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 contents 1 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Australian Capital Territory Tree Protection Act 2005 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Objects of Act 2 4 Dictionary 3 5 Notes 3 6 Offences against Act—application of Criminal Code etc 3 7 Application of Act—built-up urban areas 4 Part 2 Important terms 8 Protected trees 5 9 Registered trees 5 10 Regulated trees and tree management precincts 5 11 Protection zone for protected tree 6 Contents Page contents 2 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 3 Protection of trees Division 3.1 Definitions 12 Meaning of damage 7 13 Meaning of major pruning 8 14 Meaning of prohibited groundwork 9 Division 3.2 Prohibited activities 15 Damaging protected trees—general 10 16 Damaging protected trees—work done as part of a business 11 17 Doing prohibited groundwork—general 12 18 Doing prohibited groundwork—work done as part of a business 13 19 Exceptions—tree damaging and prohibited groundwork offences 15 20 Contravening tree protection conditions of development approval 18 Division 3.3 Approved activities 21 Criteria for approval 19 22 Application for approval of tree damaging etc activity 20 23 Further information for approval application 20 24 Advisory panel advice on approval application 20 24A Approval application may need to be referred to other entities 21 24B Time for referral entity to give advice on application 22 24C Effect of no response by referral entity 22 25 Decision on approval application 22 26 Notice of decision on approval application 23 27 Operation of approval 24 28 Cancellation of approval 24 29 Approval in urgent circumstances or for minor works 26 30 Contravening conditions of approval 27 Part 4 Tree management plans 31 Guidelines for tree management plans 28 32 Proposal or application for approval of tree management plan 28 33 Further information for tree management plan application 29 34 Advisory panel advice on proposed tree management plan 29 34A Proposal or application may need to be referred to other entities 29 34B Time for referral entity to give advice on proposal or application 30 Contents Page R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 contents 3 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 34C Effect of no response by referral entity 31 35 Decision on tree management plan 31 36 Notice of decision on tree management plan 32 37 Operation of tree management plan 33 Part 5 Tree management precincts 38 Criteria for tree management precincts 34 39 Tree management precinct declaration 34 Part 6 Tree register 40 Meaning of registered tree for pt 6 35 41 Tree register 35 42 Correction of tree register 36 43 Inspection of tree register 36 44 Restricted information in tree register 36 Part 7 Registration of trees Division 7.1 Criteria for registration and cancellation 45 Criteria for registration and cancellation of registration 37 Division 7.2 Registration process 46 Nomination for registration 37 47 Decision on provisional registration 38 48 Provisional registration 38 49 Notice of decision on provisional registration 38 50 Consultation on proposed registration 39 51 Period of provisional registration 40 52 Decision on registration 40 53 Notice of decision on registration 41 54 Registration 42 Division 7.3 Cancellation of registration 55 Proposal for cancellation of registration 42 56 Notice of proposed cancellation of registration 43 57 Consultation on proposed cancellation of registration 44 58 Decision on cancellation of registration etc 44 59 Notice of decision on cancellation of registration 45 Contents Page contents 4 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 60 Cancellation of registration 46 61 Site declarations 46 Division 7.4 Death of tree from natural causes 61A Application—div 7.4 47 61B Cancellation of registration of dead tree 47 61C Notice of cancellation of registration of dead tree 48 61D Cancellation of registration of dead tree—tree register 48 Part 8 Restricted information 62 Application of pt 8 49 63 Restricted non-Aboriginal information 49 64 Restricted Aboriginal information 50 65 Restricted information not to be published without approval 50 66 Approval to publish restricted information 51 67 Limited access to restricted information 52 Part 9 Tree advisory panel 68 Establishment of advisory panel 53 69 Members of advisory panel 53 70 Functions of advisory panel 54 71 Ending appointment—advisory panel members 54 72 Disclosure of interests—advisory panel members 55 73 Advisory panel’s procedures etc 55 74 Delegation by advisory panel 56 Part 10 Tree protection directions 75 Criteria for tree protection directions 57 76 Conservator may give tree protection directions 57 77 Service of tree protection direction 58 78 Contravention of tree protection direction—offence 58 79 Contravention of tree protection direction—action by authorised person 58 Part 11 Land development applications 80 Meaning of development—pt 11 60 Contents Page R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 contents 5 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 81 Simplified outline 60 82 Advice about tree protection on land subject to development 61 83 Requirements for conservator’s advice about tree protection 61 Part 12 Enforcement Division 12.1 General 84 Definitions for pt 12 63 Division 12.2 Authorised people 85 Appointment of authorised people 63 86 Identity cards 64 Division 12.3 Powers of authorised people 87 Power to enter premises 64 88 Production of identity card 65 89 Consent to entry 65 90 General powers on entry to premises 66 91 Power to require name and address 67 92 Power to seize things 68 Division 12.4 Search warrants 93 Warrants generally 69 94 Warrants—application made other than in person 70 95 Search warrants—announcement before entry 71 96 Details of search warrant to be given to occupier etc 72 97 Occupier entitled to be present during search etc 72 Division 12.5 Return and forfeiture of things seized 98 Receipt for things seized 73 99 Moving things to another place for examination or processing under search warrant 73 100 Access to things seized 74 101 Return of things seized 75 Division 12.6 Miscellaneous 102 Damage etc to be minimised 76 103 Compensation for exercise of enforcement powers 76 Contents Page contents 6 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 13 Notification and review of decisions 104 Definitions—pt 13 78 105 Internal review notices 78 106 Applications for reconsideration 78 107 Reconsideration of decisions 79 107A Reviewable decision notice 79 107B Applications for review 80 Part 14 Miscellaneous 108 Criminal liability of executive officers 81 109 Determination of fees 82 110 Approved forms 83 111 Delegation of conservator’s functions 83 112 Incorporation of documents 83 113 Inspection of incorporated documents 84 114 Notification of certain incorporated documents 84 115 Regulation-making power 86 Schedule 1 Reviewable decisions 87 Part 1.1 Internally reviewable decisions 87 Part 1.2 Reviewable decisions 88 Dictionary 89 Endnotes 1 About the endnotes 93 2 Abbreviation key 93 3 Legislation history 94 4 Amendment history 97 5 Earlier republications 102 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 1 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Australian Capital Territory Tree Protection Act 2005 An Act for the protection of trees, and for other purposes Part 1 Preliminary Section 1 page 2 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 1 Preliminary 1 Name of Act This Act is the Tree Protection Act 2005. 3 Objects of Act (1) The objects of this Act are— (a) to protect individual trees in the urban area that have exceptional qualities because of their natural and cultural heritage values or their contribution to the urban landscape; and (b) to protect urban forest values that may be at risk because of unnecessary loss or degradation; and (c) to protect urban forest values that contribute to the heritage significance of an area; and (d) to ensure that trees of value are protected during periods of construction activity; and (e) to promote the incorporation of the value of trees and their protection requirements into the design and planning of development; and (f) to promote a broad appreciation of the role of trees in the urban environment and the benefits of good tree management and sound arboricultural practices. (2) In this section: urban forest means the trees located in the built-up urban area. urban forest values means the amenity and economic and environmental benefits derived from the urban forest and the associated tree canopy cover. Preliminary Part 1 Section 4 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 3 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘heritage significance—see the Heritage Act 2004, section 10.’ means that the term ‘heritage significance’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 6 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. http://www.legislation.act.gov.au/a/2004-57 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Part 1 Preliminary Section 7 page 4 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 7 Application of Act—built-up urban areas (1) This Act applies to trees on land in built-up urban areas. (2) A built-up urban area is an area of land declared by the Minister to be a built-up urban area for this Act. (3) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 Important terms Part 2 Section 8 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 5 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 2 Important terms 8 Protected trees For this Act, each of the following is a protected tree: (a) a registered tree; (b) a regulated tree. 9 Registered trees A registered tree is a tree that is registered (or provisionally registered) under part 7 (Registration of trees). 10 Regulated trees and tree management precincts (1) A regulated tree is a living tree (other than a registered tree or a palm tree) that is on leased land within a tree management precinct and— (a) is 12m or more high; or (b) has a trunk with a circumference of 1.5m or more, 1m above natural ground level; or (c) has 2 or more trunks and the total circumference of all the trunks, 1m above natural ground level, is 1.5m or more; or (d) has a canopy 12m or more wide. (2) However, a tree is not a regulated tree if it is a pest plant under the Pest Plants and Animals Act 2005. (3) A tree management precinct is an area declared under part 5 to be a tree management precinct. http://www.legislation.act.gov.au/a/2005-21 Part 2 Important terms Section 11 page 6 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 11 Protection zone for protected tree (1) The protection zone for a protected tree is— (a) the area under the canopy of the tree; and (b) the 2m wide area surrounding the vertical projection of the canopy; and (c) the 4m wide area surrounding the trunk as measured at 1m above natural ground level. (2) However, if another protection zone is defined in a tree management plan in force for the protected tree, that protection zone is the protection zone for the tree. Protection of trees Part 3 Definitions Division 3.1 Section 12 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 7 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 3 Protection of trees Division 3.1 Definitions 12 Meaning of damage In this Act: damage a protected tree includes the following: (a) kill or destroy the tree; (b) poison the tree; (c) ringbark the tree (whether partially or completely); (d) fell or remove the tree; (e) cut branches or stems of the tree between branch unions (lopping); (f) remove branches of the tree to a previously pruned or lopped point (pollarding); (g) major pruning of the tree; (h) anything else done to or in relation to the tree that— (i) causes it to die; or (ii) significantly reduces its expected life; or (iii) significantly and adversely affects its health, stability or general appearance. Part 3 Protection of trees Division 3.1 Definitions Section 13 page 8 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 13 Meaning of major pruning (1) In this Act: major pruning means pruning other than lopping, pollarding or minor pruning. (2) In this section: (a) in relation to a registered tree—minor pruning means pruning (other than lopping or pollarding) done in accordance with AS 4373 that— (i) only involves removing deadwood; or (ii) does not involve removing any limbs that have a diameter greater than 50mm; or (iii) is the first pruning of the tree in the calendar year, affects less than 10% of the canopy and does not alter the overall shape of the canopy; and (b) in relation to a regulated tree—minor pruning means pruning (other than lopping or pollarding) done in accordance with AS 4373 that— (i) does not adversely affect the general appearance of the tree; or (ii) for a fruit tree—is done for fruit production. Protection of trees Part 3 Definitions Division 3.1 Section 14 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 9 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 14 Meaning of prohibited groundwork In this Act: prohibited groundwork— (a) in relation to the protection zone for a protected tree—a person does prohibited groundwork in the protection zone if the person— (i) contaminates the soil in the protection zone with something that is poisonous to trees; or (ii) cuts any of the tree’s roots in the protection zone that have a diameter greater than 50mm; or (iii) does either of the following in the protection zone, other than in cultivating the soil for horticultural purposes: (A) excavates to a depth greater than 10cm over an area 4m2 or larger; (B) raises the soil level by more than 10cm above the natural soil level over an area 4m2 or larger; or (iv) does anything else prescribed by regulation for this paragraph; and (b) in relation to a declared site—a person does prohibited groundwork in the declared site if the person— (i) does either of the following in the declared site, other than in cultivating the soil for horticultural purposes: (A) excavates to a depth greater than 10cm over an area 4m2 or larger; Part 3 Protection of trees Division 3.2 Prohibited activities Section 15 page 10 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (B) raises the soil level by more than 10cm above the natural soil level over an area 4m2 or larger; or (ii) does anything else prescribed by regulation for this paragraph. Examples for par (a) (iii) and (b) (i) of cultivation for horticultural purposes 1 preparing garden beds for planting 2 planting trees and shrubs Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). Division 3.2 Prohibited activities 15 Damaging protected trees—general (1) A person commits an offence if— (a) the person does something that damages a protected tree; and (b) the person is reckless about whether doing the thing would damage the protected tree. Maximum penalty: 400 penalty units. (2) A person commits an offence if the person does something and is reckless about whether doing the thing would damage a protected tree. Maximum penalty: 200 penalty units. http://www.legislation.act.gov.au/a/2001-14 Protection of trees Part 3 Prohibited activities Division 3.2 Section 16 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 11 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) A person commits an offence if— (a) the person does something that damages a protected tree; and (b) the person is negligent about whether doing the thing would damage the protected tree. Maximum penalty: 100 penalty units. 16 Damaging protected trees—work done as part of a business (1) This section applies to a person who is doing work as part of a business involved in— (a) property development or maintenance; or (b) any other activity in relation to land that may affect trees on the land. Examples of activities for par (b) tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The person commits an offence if— (a) the person does something that damages a protected tree; and (b) the person is reckless about whether doing the thing would damage the protected tree. Maximum penalty: 400 penalty units. (3) The person commits an offence if the person does something and is reckless about whether doing the thing would damage a protected tree. Maximum penalty: 200 penalty units. http://www.legislation.act.gov.au/a/2001-14 Part 3 Protection of trees Division 3.2 Prohibited activities Section 17 page 12 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (4) The person commits an offence if— (a) the person does something that damages a protected tree; and (b) the person is negligent about whether doing the thing would damage the protected tree. Maximum penalty: 100 penalty units. (5) The person commits an offence if the person does something that damages, or is likely to damage, a protected tree. Maximum penalty: 50 penalty units. (6) For subsections (2), (3) and (4), strict liability applies to the circumstance that the tree is a protected tree. (7) An offence against subsection (5) is a strict liability offence. 17 Doing prohibited groundwork—general (1) A person commits an offence if— (a) the person does prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site; and (b) the person is reckless about whether the groundwork is prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. Maximum penalty: 200 penalty units. (2) A person commits an offence if— (a) the person does prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site; and Protection of trees Part 3 Prohibited activities Division 3.2 Section 18 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 13 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) the person is negligent about whether the groundwork is prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. Maximum penalty: 100 penalty units. (3) A person commits an offence if the person does prohibited groundwork in— (a) the protection zone for a protected tree; or (b) a declared site. Maximum penalty: 50 penalty units. 18 Doing prohibited groundwork—work done as part of a business (1) This section applies to a person who is doing work as part of a business involved in— (a) property development or maintenance; or (b) any other activity in relation to land that may affect trees on the land. Examples of activities for par (b) tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The person commits an offence if— (a) the person does prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site; and http://www.legislation.act.gov.au/a/2001-14 Part 3 Protection of trees Division 3.2 Prohibited activities Section 18 page 14 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) the person is reckless about whether the groundwork is prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. Maximum penalty: 200 penalty units. (3) The person commits an offence if— (a) the person does prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site; and (b) the person is negligent about whether the groundwork is prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. Maximum penalty: 100 penalty units. (4) The person commits an offence if the person does prohibited groundwork in— (a) the protection zone for a protected tree; or (b) a declared site. Maximum penalty: 50 penalty units. (5) For subsections (2) and (3), strict liability applies to the circumstances that— (a) the tree is a protected tree; and (b) the groundwork is done in— (i) the protection zone for the tree; or (ii) a declared site. Protection of trees Part 3 Prohibited activities Division 3.2 Section 19 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 15 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (6) An offence against subsection (4) is a strict liability offence. 19 Exceptions—tree damaging and prohibited groundwork offences (1) Sections 15 to 18 do not apply to— (a) an activity approved under section 25 or section 29 that is done in accordance with the conditions (if any) of the approval (whether or not done by the person who applied for the approval); or (b) the removal of a tree if the registration of the tree is cancelled under division 7.3 for safety reasons; or (c) anything done in accordance with— (i) a tree management plan; or (ii) a tree protection direction; or (iii) a condition of a development approval that requires a person to do or not do something in relation to— (A) a protected tree; or (B) the protection zone for a protected tree; or (C) a declared site; or (iv) a direction under the Plant Diseases Act 2002, section 13 (Direction for seizure, disinfection, destruction etc of plants etc); or (d) anything done in relation to a regulated tree under— (i) any of the following provisions of the Utilities Act 2000:  section 105 (Installation of network facilities);  section 106 (Maintenance of network facilities);  section 231 (Installation of territory network facilities); http://www.legislation.act.gov.au/a/2002-42 http://www.legislation.act.gov.au/a/2000-65 Part 3 Protection of trees Division 3.2 Prohibited activities Section 19 page 16 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office  section 232 (Maintenance of territory network facilities); or (ii) a territory network protection notice given under that Act, section 249; or (iii) any of the following under the Utilities (Technical Regulation) Act 2014:  a network protection notice given under section 32;  section 41D (Clearance from aerial lines— vegetation);  section 41H (Maintenance of electrical infrastructure within network boundary—powers);  section 41I (Inspection of electrical infrastructure outside network boundary); or (iv) a plant pruning direction under the Public Unleased Land Act 2013, section 31 (Direction to prune tree etc overhanging public unleased land); or (v) a plant removal direction under the Public Unleased Land Act 2013, section 34 (Direction to remove tree etc endangering public on public unleased land); or (e) anything done in relation to a registered tree under any of the following provisions of the Utilities Act 2000 for the purpose of protecting life or property if it is not practicable because of the urgency of the situation to obtain an approval under section 29: (i) section 106 (Maintenance of network facilities); or (ii) section 232 (Maintenance of territory network facilities); or http://www.legislation.act.gov.au/a/2014-60 http://www.legislation.act.gov.au/a/2014-60 http://www.legislation.act.gov.au/a/2013-3/default.asp http://www.legislation.act.gov.au/a/2013-3/default.asp http://www.legislation.act.gov.au/a/2013-3/default.asp http://www.legislation.act.gov.au/a/2013-3/default.asp http://www.legislation.act.gov.au/a/2000-65 Protection of trees Part 3 Prohibited activities Division 3.2 Section 19 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (f) anything done in relation to a registered tree under any of the following provisions of the Utilities (Technical Regulation) Act 2014 for protecting life or property if it is not practicable because of the urgency of the situation to obtain an approval under section 29: (i) section 41D (Clearance from aerial lines—vegetation); (ii) section 41H (Maintenance of electrical infrastructure within network boundary—powers); (iii) section 41I (Inspection of electrical infrastructure outside network boundary); or (g) anything done in the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of— (i) protecting life or property; or (ii) controlling, extinguishing or preventing the spread of a fire. (2) In this section: development approval—see the Planning and Development Act 2007, dictionary. relevant person means— (a) a member of the ambulance service; or (b) a member of the fire and rescue service; or (c) a member of the rural fire service; or (d) a member of the SES; or (e) any other person under the control of— (i) the chief officer (ambulance service); or (ii) the chief officer (fire and rescue service); or http://www.legislation.act.gov.au/a/2014-60 http://www.legislation.act.gov.au/a/2014-60 http://www.legislation.act.gov.au/a/2004-28 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 Part 3 Protection of trees Division 3.2 Prohibited activities Section 20 page 18 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (iii) the chief officer (rural fire service); or (iv) the chief officer (SES); or (f) a police officer. 20 Contravening tree protection conditions of development approval (1) This section applies if— (a) the conservator gives advice under section 82 in relation to a development; and (b) the development has development approval; and (c) the approval is subject to a condition (a tree protection condition) requiring a person to do or not do something in relation to— (i) a protected tree; or (ii) the protection zone for a protected tree; or (iii) a declared site. Example of tree protection condition for par (c) A condition that the applicant comply with tree protection requirements of a tree management plan. (2) A person commits an offence if the person contravenes a tree protection condition of the development approval. Maximum penalty: 50 penalty units. (3) A person commits an offence if— (a) the person engages in conduct that contravenes a tree protection condition of the development approval; and (b) the person engages in the conduct in doing work as part of a business involved in— (i) property development or maintenance; or Protection of trees Part 3 Approved activities Division 3.3 Section 21 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 19 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (ii) any other activity in relation to land that may affect trees on the land. Maximum penalty: 50 penalty units. Examples of activities for par (b) (ii) tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (4) An offence against subsection (3) is a strict liability offence. (5) In this section: engage in conduct means— (a) do an act; or (b) omit to do an act. Division 3.3 Approved activities 21 Criteria for approval (1) The Minister may determine criteria (the approval criteria) for approving an activity that would or may— (a) damage a protected tree; or (b) be prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 3 Protection of trees Division 3.3 Approved activities Section 22 page 20 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 22 Application for approval of tree damaging etc activity A person may apply, in writing, to the conservator for approval for an activity that would or may— (a) damage a protected tree; or (b) be prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. Note 1 If a form is approved under s 110 for an application, the form must be used. Note 2 A fee may be determined under s 109 for an application. 23 Further information for approval application (1) The conservator may, by written notice given to the applicant, require the applicant to give the conservator further stated information or a document that the conservator reasonably needs to decide the application. (2) If the applicant fails to comply with a requirement under subsection (1), the conservator may refuse to consider the application further. 24 Advisory panel advice on approval application The conservator may ask the advisory panel for advice on the application. Protection of trees Part 3 Approved activities Division 3.3 Section 24A R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 21 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 24A Approval application may need to be referred to other entities (1) The conservator must, within 3 days after the day the conservator receives the application, give a copy of the application to the following: (a) if the application relates to a tree that forms part of a place with heritage significance—the heritage council; (b) if the application relates to a tree that is an Aboriginal heritage tree—each representative Aboriginal organisation. (2) However, the conservator is not required to give a copy of the application to an entity mentioned in subsection (1) if the conservator is satisfied that— (a) the— (i) applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and (ii) entity agrees in writing to the activity proposed in the application; or (b) if the entity is the heritage council—the activity proposed in the application is included in a development application given to the council under the Planning and Development Act 2007, section 148. (3) A written agreement to an activity mentioned in subsection (2) (a) (ii) is taken to be advice on the application received in accordance with section 24B. http://www.legislation.act.gov.au/a/2007-24 Part 3 Protection of trees Division 3.3 Approved activities Section 24B page 22 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 24B Time for referral entity to give advice on application (1) This section applies if an application is referred to an entity under section 24A. (2) The entity must give the conservator the entity’s advice on the application not later than 10 working days after the day the conservator gives the application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period. Note 1 A written agreement to an activity proposed in the application is taken to be advice given in accordance with this section in relation to an application (see s 24A (3)). Note 2 For how documents may be given, see the Legislation Act, pt 19.5. 24C Effect of no response by referral entity If an entity does not give advice on an application referred to the entity in accordance with section 24B, the entity is taken to have given advice that the entity supports the application. 25 Decision on approval application (1) Within 30 days after the day the conservator receives the application, the conservator must decide whether to approve the activity to which it relates. (2) In working out the 30-day period, any period when a requirement under section 23 (1) was not complied with is disregarded. (3) In making a decision on the application, the conservator must have regard to— (a) the approval criteria; and (b) the advice (if any) of the advisory panel; and http://www.legislation.act.gov.au/a/2001-14 Protection of trees Part 3 Approved activities Division 3.3 Section 26 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 23 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) the advice (if any) of an entity to which the application was referred under section 24A; and (d) anything else the conservator considers relevant. (4) An approval may be given subject to conditions stated in the approval. 26 Notice of decision on approval application (1) For an application in relation to a declared site, the conservator must give written notice of the decision on the application to— (a) the applicant; and (b) the lessee of, or land management agency for, the land where the site is located; and (c) the planning and land authority. (2) For any other application, the conservator must give written notice of the decision on the application to— (a) the applicant; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) the lessee of, or land management agency for, the land where the activity is to be undertaken; and (d) the lessee of land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (e) if the application relates to a tree that has heritage significance—the heritage council; and (f) if the application relates to an Aboriginal heritage tree—each representative Aboriginal organisation. Part 3 Protection of trees Division 3.3 Approved activities Section 27 page 24 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) However, the conservator need not give more than 1 notice to a particular person. (4) The conservator may give written notice of the decision to anyone else the conservator considers appropriate. 27 Operation of approval (1) Subject to section 106 (Applications for reconsideration), an approval takes effect on the date stated in the notice of decision. (2) The date stated in the notice must be at least 14 days after the day the notice is given to the applicant. (3) Unless sooner cancelled, the approval remains in force for the period stated in the approval. (4) The conservator may, in writing, extend the approval for a stated period if satisfied that the activity still satisfies the approval criteria. (5) The approval may be extended under subsection (4) even if it has already ended. 28 Cancellation of approval (1) The conservator may cancel an approval if satisfied that the activity approved does not satisfy, or no longer satisfies, the approval criteria. (2) For an approval in relation to a declared site, the conservator must give written notice of the cancellation to— (a) the applicant; and (b) the lessee of, or land management agency for, the land where the site is located; and (c) the planning and land authority. Protection of trees Part 3 Approved activities Division 3.3 Section 28 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 25 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) For any other approval, the conservator must give written notice of the cancellation to— (a) the applicant; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) the lessee of, or land management agency for, the land where the activity was approved to be undertaken; and (d) the lessee of land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree. (4) However, the conservator need not give more than 1 notice to a particular person. (5) For subsection (2) (a) and (3) (a), it is sufficient if the conservator sends the notice to the applicant at the address last given to the conservator by the applicant. (6) The conservator may give written notice of the cancellation to anyone else the conservator considers appropriate. (7) Subject to section 106 (Applications for reconsideration), the cancellation takes effect on the date stated in the notice of cancellation. (8) The date stated in the notice must be at least 14 days after the day the notice is given to the applicant. Part 3 Protection of trees Division 3.3 Approved activities Section 29 page 26 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 29 Approval in urgent circumstances or for minor works (1) A person may apply to the conservator under this section for an approval for an activity that would or may— (a) damage a protected tree; or (b) be prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. (2) The application may be made orally or in writing. (3) The conservator may approve the activity if satisfied that— (a) the circumstances require the application to be considered urgently; and (b) the activity is necessary to protect the health or safety of people or animals, or public or private property. (4) The conservator may also approve an activity that is, or may be, major pruning or prohibited groundwork in the protection zone for a protected tree if the conservator is satisfied the activity will have little or no adverse impact on the health or stability of the tree. (5) The approval may be given orally or in writing but the conservator must make a written record of any oral approval as soon as practicable after giving it. (6) The approval may be given subject to conditions stated in the approval. (7) The conservator must give written notice of the decision on the application to the applicant. (8) Unless sooner cancelled, the approval has effect for the period stated in the approval. Protection of trees Part 3 Approved activities Division 3.3 Section 30 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 27 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 30 Contravening conditions of approval (1) A person commits an offence if the person contravenes a condition of an approval given to the person under section 25 or section 29. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. Part 4 Tree management plans Section 31 page 28 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 4 Tree management plans Note 1 A tree management plan may provide for activities that may be undertaken in relation to a tree and may set out conditions about how the activities are to be undertaken. Anything done in relation to a protected tree in accordance with a tree management plan for the tree is an exception to the offences against s 15 (Damaging protected trees— general) and s 17 (Doing prohibited groundwork—general). Note 2 This part also operates for an amendment or repeal of a tree management plan (see Legislation Act, s 46 (Power to make instrument includes power to amend or repeal)). 31 Guidelines for tree management plans (1) The conservator may determine guidelines for tree management plans. (2) A determination is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 32 Proposal or application for approval of tree management plan (1) The conservator may, on the conservator’s own initiative, propose a tree management plan for a registered tree. (2) The land management agency for the land where a registered tree is located may apply for a tree management plan for the tree. (3) Anyone else may apply for approval of a tree management plan for any tree on leased land in a built-up urban area. Note 1 If a form is approved under s 110 for an application, the form must be used. Note 2 A fee may be determined under s 109 for an application. (4) An application under subsection (2) or (3) must be in writing and must be given to the conservator. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Tree management plans Part 4 Section 33 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 29 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (5) The conservator may refuse to consider an application if satisfied that an adequate tree management plan is already in force for the tree. 33 Further information for tree management plan application (1) The conservator may, by written notice given to the applicant, require the applicant to give the conservator further stated information or a document that the conservator reasonably needs to decide the application. (2) If the applicant fails to comply with a requirement under subsection (1), the conservator may refuse to consider the application further. 34 Advisory panel advice on proposed tree management plan The conservator may ask the advisory panel for advice on the proposal or application. 34A Proposal or application may need to be referred to other entities (1) The conservator must, within 3 days after the day the conservator makes the proposal, or receives the application, give a copy of the proposal or application to the following: (a) if the proposal or application relates to a tree that forms part of a place with heritage significance—the heritage council; (b) if the proposal or application relates to a tree that is an Aboriginal heritage tree—each representative Aboriginal organisation. Part 4 Tree management plans Section 34B page 30 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) However, the conservator is not required to give a copy of the application to an entity mentioned in subsection (1) if the conservator is satisfied that— (a) the— (i) applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and (ii) entity agrees in writing to the activity proposed in the application; or (b) if the entity is the heritage council—the activity proposed in the application is included in a development application given to the council under the Planning and Development Act 2007, section 148. (3) A written agreement to an activity mentioned in subsection (2) (a) (ii) is taken to be advice on the application received in accordance with section 34B. 34B Time for referral entity to give advice on proposal or application (1) This section applies if a proposal or application is referred to an entity under section 34A. (2) The entity must give the conservator the entity’s advice on the proposal or application not later than 10 working days after the day the conservator gives the proposal or application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period. Note 1 A written agreement to an activity proposed in the proposal or application is taken to be advice given in accordance with this section in relation to an application (see s 34A (3)). Note 2 For how documents may be given, see the Legislation Act, pt 19.5. http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2001-14 Tree management plans Part 4 Section 34C R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 31 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 34C Effect of no response by referral entity If an entity does not give advice on a proposal or application referred to the entity in accordance with section 34B, the entity is taken to have given advice that the entity supports the proposal or application. 35 Decision on tree management plan (1) If the conservator proposes, or receives an application for approval of, a tree management plan, the conservator must decide whether to approve the plan. (2) For a tree management plan for which approval is applied for, the conservator must make the decision within 30 days after the day the conservator receives the application. (3) In working out the 30-day period, any period when a requirement under section 33 (1) was not complied with is disregarded. (4) In making the decision, the conservator must have regard to— (a) the guidelines approved under section 31; and (b) the advice (if any) of the advisory panel; and (c) the advice (if any) of an entity to which the application was referred under section 34A; and (d) anything else the conservator considers relevant. (5) If the conservator approves a tree management plan for a registered tree, the conservator must include details of the plan in the tree register. Part 4 Tree management plans Section 36 page 32 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 36 Notice of decision on tree management plan (1) The conservator must give written notice of the decision on the tree management plan to the applicant (if any). (2) If the decision is to approve the tree management plan, the conservator must also give written notice of the decision to— (a) the lessee of, or land management agency for, the land where the tree is located; and (b) if the tree is on leased land—the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (c) if the plan is for a tree that the conservator considers may have heritage significance—the heritage council; and (d) if the plan is for an Aboriginal heritage tree—each representative Aboriginal organisation. (3) However, the conservator need not give more than 1 notice to a particular person. (4) The conservator may give written notice of the decision to anyone else the conservator considers appropriate. Tree management plans Part 4 Section 37 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 33 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 37 Operation of tree management plan (1) Subject to section 106 (Applications for reconsideration), a tree management plan takes effect on the date stated in the notice of decision. (2) The date stated in the notice must be at least 14 days after the day the notice is given to— (a) the applicant; or (b) for a tree management plan proposed on the conservator’s own initiative—the people mentioned in section 36 (2). Part 5 Tree management precincts Section 38 page 34 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 5 Tree management precincts 38 Criteria for tree management precincts (1) The Minister may determine criteria for declaring an area of land in a built-up urban area to be a tree management precinct. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 39 Tree management precinct declaration (1) The Minister may declare a stated area of land in a built-up urban area to be a tree management precinct. (2) The Minister may declare an area of land in a built-up urban area to be a tree management precinct only if satisfied that the area satisfies the criteria determined under section 38. (3) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Tree register Part 6 Section 40 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 35 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 6 Tree register 40 Meaning of registered tree for pt 6 In this part: registered tree does not include a provisionally registered tree. 41 Tree register (1) The conservator must keep a register of trees (the tree register). (2) The tree register must include— (a) for each provisionally registered tree— (i) everything required to be entered in the register under section 48; and (ii) the tree management plan (if any) for the tree; and (b) for each registered tree— (i) everything required to be entered in the register under section 54 (2); and (ii) the tree management plan (if any) for the tree; and (c) for each declared site— (i) a description of the area that is the declared site; and (ii) the date the declaration was made; and (d) the following information about any activity in relation to a provisionally registered or registered tree, or a declared site, for which an approval under division 3.3 is in force: (i) the activity approved; (ii) any conditions to which the approval is subject; (iii) the period of the approval; and Part 6 Tree register Section 42 page 36 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (e) any changes to the information in the register that are necessary to keep the register up-to-date. (3) The tree register may also include any other information the conservator considers relevant. 42 Correction of tree register The conservator may correct a mistake or omission in the tree register subject to the requirements (if any) prescribed by regulation. 43 Inspection of tree register (1) A person may, without charge, inspect the tree register during ordinary office hours at the office of the conservator. (2) A person may make a copy of all or part of the tree register. Note A fee may be determined under s 109 for s (2). 44 Restricted information in tree register (1) This section applies if anything required to be entered in the tree register in relation to a tree is restricted information. (2) The conservator must include a statement in the register about the effect of subsections (3) and (4). (3) The restricted information must not be disclosed or copied under section 43 except in accordance with subsection (4). (4) The restricted information may be made available for inspection or copying only if the publication of the information is approved under section 66 (Approval to publish restricted information). Registration of trees Part 7 Criteria for registration and cancellation Division 7.1 Section 45 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 37 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 7 Registration of trees Division 7.1 Criteria for registration and cancellation 45 Criteria for registration and cancellation of registration (1) The Minister may determine— (a) criteria (the registration criteria) for the registration of a tree; and (b) criteria (the cancellation criteria) for the cancellation of the registration of a tree. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Division 7.2 Registration process 46 Nomination for registration (1) Anyone (including the conservator) may nominate a tree in a built-up urban area for registration. Note 1 If a form is approved under s 110 for a nomination, the form must be used. Note 2 A fee may be determined under s 109 for a nomination. (2) A nomination must be in writing and must be given to the conservator. http://www.legislation.act.gov.au/a/2001-14 Part 7 Registration of trees Division 7.2 Registration process Section 47 page 38 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 47 Decision on provisional registration (1) Within 6 months after the day the conservator receives a nomination for a tree, the conservator must decide whether to provisionally register the tree. (2) The conservator may provisionally register a tree only if the conservator considers the tree may satisfy the registration criteria. (3) The conservator may refuse to consider a nomination if satisfied the nomination is frivolous or vexatious. 48 Provisional registration If the conservator decides to provisionally register a tree, the conservator must provisionally register the tree by entering in the tree register— (a) enough information to enable the tree to be identified; and (b) if practicable, the tree’s botanical name and any relevant horticultural information; and (c) a description of the protection zone for the tree; and (d) an indication that the registration is provisional; and (e) the period of the provisional registration. 49 Notice of decision on provisional registration (1) The conservator must give written notice of a decision under section 47 to— (a) the person who nominated the tree for registration; and (b) the lessee of, or land management agency for, the land that includes all or part of the protection zone for the tree; and (c) if the conservator considers the tree may have heritage significance—the heritage council. Registration of trees Part 7 Registration process Division 7.2 Section 50 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 39 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) However, the conservator need not give more than 1 notice to a particular person. (3) The conservator may give written notice of the decision to anyone else the conservator considers appropriate. (4) The conservator must also give public notice of a decision. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) A notice under this section must include— (a) enough information to enable the tree to be identified; and (b) a statement to the effect that any comments on the proposed registration of the tree may be given to the conservator on or before the closing date stated in the notice. (6) The closing date must be at least 21 days after the day public notice is given under subsection (4). (7) A notice under this section must not include restricted information. 50 Consultation on proposed registration (1) After making a decision under section 47, the conservator must ask the advisory panel for advice on the proposed registration of the tree. (2) If the conservator considers the tree may have heritage significance, the conservator must also ask the heritage council for advice on the proposed registration. (3) If the tree is an Aboriginal heritage tree, the heritage council must consult, and consider the views of, each representative Aboriginal organisation before giving the conservator advice on the proposed registration. http://www.legislation.act.gov.au/a/2001-14 Part 7 Registration of trees Division 7.2 Registration process Section 51 page 40 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 51 Period of provisional registration (1) The provisional registration of a tree is for 1 year beginning on the day it is provisionally registered. (2) However, the provisional registration ends if, within the year— (a) the tree is registered; or (b) the conservator decides not to register the tree and either— (i) the appeal period has ended and no appeal has been made; or (ii) any appeal has been finally decided and is unsuccessful. (3) The conservator may provisionally register a tree more than once. 52 Decision on registration (1) Within 1 year after the day the tree is provisionally registered, the conservator must decide whether to register the tree. (2) In deciding whether to register the tree, the conservator must have regard to— (a) any advice on the proposed registration given to the conservator by the advisory panel or the heritage council; and (b) any comments received on the proposed registration on or before the closing date stated in the notice under section 49. Note A decision under this section is a reviewable decision (see s 104, def reviewable decision). (3) The conservator may register the tree only if the conservator considers the tree satisfies the registration criteria. Registration of trees Part 7 Registration process Division 7.2 Section 53 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 41 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 53 Notice of decision on registration (1) The conservator must give written notice of a decision under section 52 to— (a) the person who nominated the tree for registration; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) if the tree is on leased land—the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (d) anyone who gave the conservator— (i) written comments about the proposed registration; and (ii) contact details for notification of the conservator’s decision; and (e) if the heritage council gave advice on the proposed registration—the heritage council. (2) However, the conservator need not give more than 1 notice to a particular person. (3) The conservator may give written notice of the decision to anyone else the conservator considers appropriate. (4) If the decision is to register the tree, the conservator must also give public notice of the decision. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) A notice under this section must not include restricted information. http://www.legislation.act.gov.au/a/2001-14 Part 7 Registration of trees Division 7.3 Cancellation of registration Section 54 page 42 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 54 Registration (1) This section applies if— (a) the conservator decides to register a tree; and (b) either— (i) the appeal period has ended and no appeal has been made; or (ii) any appeal has been finally decided and is unsuccessful. (2) The conservator must register the tree by entering in the tree register— (a) a photograph or other image of the tree; and (b) the tree’s location; and (c) the tree’s botanical name and any relevant horticultural information; and (d) a description of the protection zone for the tree; and (e) a statement about the tree’s significance. Division 7.3 Cancellation of registration 55 Proposal for cancellation of registration (1) Anyone (including the conservator) may propose that the registration of a tree be cancelled. Note 1 If a form is approved under s 110 for a proposal, the form must be used. Note 2 A fee may be determined under s 109 for a proposal. (2) A proposal must be in writing and must be given to the conservator. (3) The conservator may refuse to consider a proposal if satisfied the proposal is frivolous or vexatious. Registration of trees Part 7 Cancellation of registration Division 7.3 Section 56 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 43 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 56 Notice of proposed cancellation of registration (1) Before considering a proposal for the cancellation of the registration of a tree, the conservator must give written notice of the proposed cancellation to— (a) the person who proposed the cancellation; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) if the tree is on leased land—the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (d) if the tree register indicates that the tree has heritage significance—the heritage council. (2) However, the conservator need not give more than 1 notice to a particular person. (3) The conservator may give written notice of the proposed cancellation to anyone else the conservator considers appropriate. (4) The conservator must also give public notice of the proposed cancellation. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) A notice under this section must include— (a) an indication of whether the conservator considers that the proposed cancellation may satisfy the cancellation criteria; and (b) if the conservator considers there may be grounds for making a declaration under section 61 in relation to the cancellation—an indication of that fact; and http://www.legislation.act.gov.au/a/2001-14 Part 7 Registration of trees Division 7.3 Cancellation of registration Section 57 page 44 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) a statement to the effect that any comments about the proposed cancellation may be given to the conservator by the closing date stated in the notice. (6) The closing date must be at least 21 days after the day public notice is given under subsection (4). (7) A notice under this section must not include restricted information. 57 Consultation on proposed cancellation of registration (1) After giving notice under section 56, the conservator must ask the advisory panel for advice on the proposed cancellation and any proposed declaration under section 61. (2) If the tree register indicates that the tree has heritage significance, the conservator must also ask the heritage council for advice on the proposed cancellation. (3) If the tree is an Aboriginal heritage tree, the heritage council must consult, and consider the views of, each representative Aboriginal organisation before giving the conservator advice on the proposed cancellation. 58 Decision on cancellation of registration etc (1) Within 6 months after the day the conservator publishes the notice mentioned in section 56 (4), the conservator must decide whether to cancel the registration of the tree. (2) In deciding whether to cancel the registration of the tree (and whether to make a declaration under section 61 in relation to the cancellation), the conservator must have regard to— (a) any advice on the proposed cancellation or declaration given to the conservator by the advisory panel or the heritage council; and Registration of trees Part 7 Cancellation of registration Division 7.3 Section 59 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 45 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) any comments received on the proposed cancellation or declaration on or before the closing date stated in the notice under section 56. Note A decision under this section is a reviewable decision (see s 104, def reviewable decision). (3) The conservator may cancel the registration of the tree only if the conservator considers the cancellation satisfies the cancellation criteria. 59 Notice of decision on cancellation of registration (1) The conservator must give written notice of a decision under section 58 to— (a) the person who proposed the cancellation; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) if the tree is on leased land—the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (d) anyone who gave the conservator— (i) written comments about the proposed cancellation of registration; and (ii) contact details for notification of the conservator’s decision; and (e) if the heritage council gave advice on the proposed cancellation—the heritage council. (2) However, the conservator need not give more than 1 notice to a particular person. Part 7 Registration of trees Division 7.3 Cancellation of registration Section 60 page 46 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) The conservator may give written notice of the decision to anyone else the conservator considers appropriate. (4) If the decision is to cancel the registration, the conservator must also give public notice of the decision. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) A notice under this section must not include restricted information. 60 Cancellation of registration (1) This section applies if— (a) the conservator decides to cancel the registration of a tree; and (b) either— (i) the appeal period has ended and no appeal has been made; or (ii) any appeal has been finally decided and is unsuccessful. (2) The conservator must cancel the registration of the tree by removing the entry about the tree from the tree register. (3) However, if the conservator makes a declaration under section 61 in relation to the tree, the entry about the tree must remain in the register while the declaration is in force but must include a statement that the registration of the tree has been cancelled. Note Details about declared sites must be entered in the register (see s 41). 61 Site declarations (1) This section applies if— (a) a registered tree is damaged by conduct other than conduct mentioned in section 19 (1); and (b) the registration of the tree is cancelled; and http://www.legislation.act.gov.au/a/2001-14 Registration of trees Part 7 Death of tree from natural causes Division 7.4 Section 61A R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 47 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) the conservator is satisfied, on reasonable grounds, that the cancellation is reasonably attributable to the damage caused by the conduct. (2) The conservator may declare the area that was the protection zone for the tree immediately before the registration was cancelled to be a declared site. (3) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) Also— (a) the conservator must give written notice of the declaration to— (i) the lessee of the land where the tree is located; and (ii) the planning and land authority; and (b) the conservator may give written notice of the declaration to anyone else the conservator considers appropriate. (5) Unless sooner revoked, a declaration has effect for 5 years from the day it is made. Division 7.4 Death of tree from natural causes 61A Application—div 7.4 This division applies if the conservator is satisfied, on reasonable grounds, that a registered tree has died of natural causes. 61B Cancellation of registration of dead tree (1) The conservator may cancel the registration of the tree. (2) Division 7.3 does not apply to the cancellation. http://www.legislation.act.gov.au/a/2001-14 Part 7 Registration of trees Division 7.4 Death of tree from natural causes Section 61C page 48 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 61C Notice of cancellation of registration of dead tree (1) The conservator must give written notice of a decision under section 61B to— (a) the lessee of, or land management agency for, the land where the tree is located; and (b) if the tree is on leased land—the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree. (2) However, the conservator need not give more than 1 notice to a particular person. (3) The conservator may give written notice of the decision to anyone else the conservator considers appropriate. (4) The conservator must also give public notice of the decision. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) A notice under this section must not include restricted information. 61D Cancellation of registration of dead tree—tree register (1) This section applies if the conservator cancels the registration of a tree under section 61B. (2) The conservator must remove the entry about the tree from the tree register. http://www.legislation.act.gov.au/a/2001-14 Restricted information Part 8 Section 62 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 49 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 8 Restricted information 62 Application of pt 8 This part applies in relation to— (a) a registered tree; or (b) a tree that has been nominated for registration. 63 Restricted non-Aboriginal information (1) The conservator may, in writing, declare particular information about the location or nature of the tree to be restricted information. (2) The conservator may make the declaration only if satisfied, on reasonable grounds, that public disclosure of the information would be likely to have a substantial adverse effect on the values for which the tree is or may be registered. (3) The conservator must use the conservator’s best endeavours to give a copy of the declaration to— (a) the person who nominated the tree for registration; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (d) if the tree has or may have heritage significance—the heritage council. Part 8 Restricted information Section 64 page 50 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 64 Restricted Aboriginal information (1) If the tree is an Aboriginal heritage tree, information about the location or nature of the tree is restricted information unless the conservator declares in writing that it is not. (2) Before making a declaration under subsection (1), the conservator must consult, and consider the views of, each representative Aboriginal organisation about the information. (3) The conservator must use the conservator’s best endeavours to give a copy of the declaration to— (a) the person who nominated the tree for registration; and (b) the lessee of, or land management agency for, the land where the tree is located; and (c) the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; and (d) the heritage council; and (e) each representative Aboriginal organisation. 65 Restricted information not to be published without approval (1) A person commits an offence if the person— (a) publishes restricted information about a tree; and (b) knows that the information is restricted information. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply if the publication is— (a) in accordance with an approval under section 66; or Restricted information Part 8 Section 66 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 51 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) for the exercise of a function under this Act or another territory law; or (c) by an Aboriginal person to another Aboriginal person and is about an Aboriginal heritage tree. 66 Approval to publish restricted information (1) The conservator may approve the publication of restricted information about a tree if satisfied that the publication will not have a substantial adverse effect on the values for which the tree is or may be registered. (2) An approval may be given only on application. (3) An approval must be given in writing to the applicant. (4) An application must be in writing and must— (a) identify the restricted information proposed to be published; and (b) state the reason for the publication; and (c) state the nature of the publication, including the person, people or kind of people to whom it would be directed. Note 1 If a form is approved under s 110 for an application, the form must be used. Note 2 A fee may be determined under s 109 for an application. Part 8 Restricted information Section 67 page 52 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 67 Limited access to restricted information (1) This section applies if— (a) land is offered for sale; and (b) an interested person for the land applies to the conservator for access to restricted information relevant to the conservation and use of the land. Note 1 If a form is approved under s 110 for an application, the form must be used. Note 2 A fee may be determined under s 109 for an application. (2) The conservator must give the applicant the restricted information sought, together with a written explanation about the operation of this part. (3) In this section: interested person—each of the following is an interested person for land where a tree is located: (a) someone considering buying an interest in the land; (b) the person who nominated the tree for registration; (c) the lessee of, or land management agency for, the land where the tree is located; (d) the lessee of, or land management agency for, land that— (i) adjoins the land where the tree is located; and (ii) is within 50m of the tree; (e) if the tree has or may have heritage significance—the heritage council; (f) if the tree is an Aboriginal heritage tree—each representative Aboriginal organisation. Tree advisory panel Part 9 Section 68 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 53 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 9 Tree advisory panel 68 Establishment of advisory panel The Tree Advisory Panel is established. 69 Members of advisory panel (1) The advisory panel consists of 3 or more members appointed by the Minister. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) A member must be appointed to the advisory panel for a term of at least 1 year and not longer than 2 years. (3) The Minister must not appoint a person to the advisory panel unless the person has extensive experience in 1 or more of the following fields: (a) arboriculture; (b) forestry; (c) horticulture; (d) landscape architecture; (e) natural and cultural heritage. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 9 Tree advisory panel Section 70 page 54 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (4) The panel must include— (a) 1 or more members with extensive experience in arboriculture or forestry; and (b) members who between them include people with extensive experience in 2 or more of the fields mentioned in subsection (3). 70 Functions of advisory panel The advisory panel has the following functions: (a) to give any advice requested by the conservator, including advice on the following: (i) an application for approval of an activity under division 3.3; (ii) an application for approval of a tree management plan; (iii) the proposed registration of a tree; (iv) the proposed cancellation of registration of a tree; (v) a request for reconsideration of a decision; and (b) to give other advice to the conservator on anything relevant to the conservator’s functions in relation to tree protection. 71 Ending appointment—advisory panel members The Minister may, by written notice to a member of the advisory panel, end the member’s appointment to the advisory panel— (a) for misbehaviour or physical or mental incapacity; or (b) for contravening section 72. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Tree advisory panel Part 9 Section 72 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 55 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 72 Disclosure of interests—advisory panel members (1) This section applies if— (a) a member of the advisory panel has a direct or indirect financial interest or personal interest in an issue in relation to which the advisory panel has been asked to advise the conservator; and (b) the interest could conflict with the proper exercise of the advisory panel’s functions in relation to the advice. (2) As soon as practicable after the member or the advisory panel becomes aware of the relevant facts, the member or advisory panel must disclose the nature of the interest to the conservator. (3) The member must not advise, or further advise, the conservator in relation to the issue, unless the conservator directs otherwise. (4) Within 14 days after the end of each financial year, the conservator must give the Minister a statement of any disclosure of interest made under this section, and any direction given by the conservator, during the financial year. 73 Advisory panel’s procedures etc A regulation may prescribe procedures of the advisory panel, including how decisions are made by the panel. Examples of what a regulation may prescribe 1 the quorum at meetings of the advisory panel 2 who is to preside at meetings of the advisory panel 3 how questions are to be resolved at meetings of the advisory panel Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). http://www.legislation.act.gov.au/a/2001-14 Part 9 Tree advisory panel Section 74 page 56 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 74 Delegation by advisory panel (1) The advisory panel may delegate any of its functions to a member of the advisory panel subject to the requirements (if any) prescribed by regulation. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. (2) However, the advisory panel may only delegate the following functions to a member of the panel with extensive experience in arboriculture, forestry or horticulture: (a) giving advice to the conservator in relation to an approval of an activity under division 3.3; (b) giving advice to the conservator in relation to an approval of a tree management plan. http://www.legislation.act.gov.au/a/2001-14 Tree protection directions Part 10 Section 75 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 57 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 10 Tree protection directions 75 Criteria for tree protection directions (1) The conservator may determine criteria for the giving of tree protection directions. (2) A determination is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 76 Conservator may give tree protection directions (1) The conservator may give the owner or occupier of land where a protected tree is located, or anyone undertaking an activity that may affect a protected tree, a written direction (a tree protection direction) to do or not do something for the protection of the tree. Example to erect a fence around a tree Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) A direction may only be given in accordance with the criteria determined under section 75. (3) The direction must state the period for which it is in force. (4) In this section: protected tree includes a tree that has been nominated for registration under section 46 if the conservator has not decided whether to provisionally register, or refused to consider the nomination, under section 47. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 10 Tree protection directions Section 77 page 58 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 77 Service of tree protection direction (1) A tree protection direction may be given to the owner or occupier of land by leaving it, secured conspicuously, on or at the land. (2) A tree protection direction may be given to anyone undertaking an activity that may affect a protected tree by leaving it, secured conspicuously, at the place where the activity is being undertaken. Note For how directions may be served generally, see the Legislation Act, pt 19.5. 78 Contravention of tree protection direction—offence A person commits an offence if the person intentionally contravenes a tree protection direction. Maximum penalty: 50 penalty units. 79 Contravention of tree protection direction—action by authorised person (1) This section applies if a person does not comply with a tree protection direction requiring the person to do something in relation to a tree. (2) An authorised person, or anyone else authorised by the conservator for this section, may enter the land where the tree is located and— (a) do the thing stated in the direction; or (b) do or finish any work stated in the direction. (3) The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given. (4) The conservator must give the lessee of the land where the tree is located written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin. http://www.legislation.act.gov.au/a/2001-14 Tree protection directions Part 10 Section 79 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 59 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (5) The conservator may give written notice of the proposed action to anyone else the conservator considers appropriate. (6) The notice must include the following: (a) a statement about the operation of this section; (b) the purpose and nature of the proposed action; (c) the time or times when the action is proposed to be taken; (d) a statement about the obligations of the authorised person and the Territory under subsection (8). (7) A person may waive the right to all or part of the minimum period of notice under subsection (4). (8) Section 102 (Damage etc to be minimised) and section 103 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if— (a) it were the exercise of a function under part 12 (Enforcement) by an authorised person or a person assisting an authorised person; and (b) any changes prescribed by regulation, and all other necessary changes, were made. Part 11 Land development applications Section 80 page 60 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 11 Land development applications 80 Meaning of development—pt 11 In this part: development means a proposed development to which an application for development approval under the Planning and Development Act 2007, chapter 7 applies. 81 Simplified outline The following notes provide a simplified outline of this part and the Planning and Development Act 2007, chapter 7 (Development approvals): Note 1 Conservator to be given copy of development application The planning and land authority may be required to give the conservator a copy of each development application for a development proposal in the merit or impact track (see Planning and Development Act 2007, s 148). This requirement would not apply to a development application for a development proposal in the code track (see Planning and Development Act 2007, s 117 (c)). Note 2 Conservator to give advice on application The conservator gives advice to the planning and land authority in relation to tree protection and the development (see s 82 and s 83) (see also Planning and Development Act 2007, s 149, s 150 and s 151). Note 3 Conservator’s advice to be considered The conservator’s advice is to be considered by the planning and land authority (or the Minister) in approving or refusing to approve a development application (see Planning and Development Act 2007, s 119 (2), s 120 (d), s 128 (2) and s 129 (e)). http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 Land development applications Part 11 Section 82 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 61 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Note 4 Approvals A development approval that is inconsistent with the conservator’s advice in relation to a registered tree must not be given. A development approval that is inconsistent with the conservator’s advice in relation to a regulated tree may be given only in the circumstances prescribed in the Planning and Development Act 2007, s 119 (2) and s 128 (1) (b) (iii). 82 Advice about tree protection on land subject to development (1) This section applies if the conservator is satisfied, on reasonable grounds, that a development involves, or is likely to involve, an activity that would or may— (a) damage a protected tree; or (b) be prohibited groundwork in— (i) the protection zone for a protected tree; or (ii) a declared site. (2) The conservator may give the planning and land authority written advice in accordance with section 83 about the development. Note If the planning and land authority refers a development application to the conservator under the Planning and Development Act 2007, s 148, the conservator must, not later than 15 working days after being given the application, give the planning and land authority its advice in relation to the development application (see Planning and Development Act 2007, s 149). 83 Requirements for conservator’s advice about tree protection (1) This section applies if the conservator gives advice— (a) under section 82 in relation to a development; or (b) under the Planning and Development Act 2007, section 149 in relation to a development application. http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 Part 11 Land development applications Section 83 page 62 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) The advice must include advice about tree protection requirements for each protected tree with a protection zone on, or partly on, the land subject to the development. (3) Without limiting subsection (2), the advice may— (a) include information about the trees on the land; and (b) set out the changes (if any) the conservator considers should be made to any tree management plan or proposed tree management plan that relates to the development application, having regard to— (i) the guidelines approved under section 31; and (ii) the advice (if any) of the advisory panel; and (iii) anything else the conservator considers relevant. Enforcement Part 12 General Division 12.1 Section 84 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 63 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 12 Enforcement Division 12.1 General 84 Definitions for pt 12 In this part: connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises, includes— (a) a person believed, on reasonable grounds, to be an occupier of the premises; and (b) a person apparently in charge of the premises. Note The dictionary defines premises as including land. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. Division 12.2 Authorised people 85 Appointment of authorised people The director-general may appoint a public servant as an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 12 Enforcement Division 12.3 Powers of authorised people Section 86 page 64 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 86 Identity cards (1) The director-general must give an authorised person an identity card stating the person’s name and that the person is an authorised person. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an authorised person; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. Division 12.3 Powers of authorised people 87 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises to— (i) inspect a tree, or the area near a tree, that is registered or proposed to be registered; or (ii) give a tree protection direction to the owner or occupier; or (b) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or Enforcement Part 12 Powers of authorised people Division 12.3 Section 88 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 65 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) at any time, enter premises with the occupier’s consent; or (d) enter premises in accordance with a search warrant. (2) However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used only for residential purposes. (3) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. 88 Production of identity card An authorised person must not remain at premises entered under this part if the authorised person does not produce his or her identity card when asked by the occupier. 89 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 87 (1) (c), an authorised person must— (a) produce his or her identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. Part 12 Enforcement Division 12.3 Powers of authorised people Section 90 page 66 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. 90 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; Enforcement Part 12 Powers of authorised people Division 12.3 Section 91 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 67 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (d) take photographs, films, or audio, video or other recordings; (e) require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 50 penalty units. 91 Power to require name and address (1) An authorised person may require a person to state the person’s name and home address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the authorised person to produce his or her identity card for inspection by the person. (4) A person must comply with a requirement made of the person under subsection (1) if the authorised person— (a) tells the person the reason for the requirement; and (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 12 Enforcement Division 12.3 Powers of authorised people Section 92 page 68 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 92 Power to seize things (1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if— (a) the authorised person is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Having seized a thing, an authorised person may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (5) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and Enforcement Part 12 Search warrants Division 12.4 Section 93 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 69 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) the person does not have an authorised person’s approval to interfere with the thing. Maximum penalty: 50 penalty units. (6) An offence against this section is a strict liability offence. Division 12.4 Search warrants 93 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 14 days. (5) The warrant must state— (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; and (b) the offence for which the warrant is issued; and Part 12 Enforcement Division 12.4 Search warrants Section 94 page 70 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) the things that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 14 days after the day of the warrant’s issue, the warrant ends. 94 Warrants—application made other than in person (1) An authorised person may apply for a warrant by phone, fax, radio or other form of communication if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is practicable to do so. (5) If it is not practicable to fax a copy to the authorised person— (a) the magistrate must— (i) tell the authorised person the terms of the warrant; and (ii) tell the authorised person the date and time the warrant was issued; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. Enforcement Part 12 Search warrants Division 12.4 Section 95 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 71 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (6) The faxed copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised person completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section. 95 Search warrants—announcement before entry (1) An authorised person must, before anyone enters premises under a search warrant— (a) announce that the authorised person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises— identify himself or herself to the person. Part 12 Enforcement Division 12.4 Search warrants Section 96 page 72 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) The authorised person is not required to comply with subsection (1) if the authorised person believes, on reasonable grounds, that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or any person assisting); or (b) that the effective execution of the warrant is not frustrated. 96 Details of search warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person. 97 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. Enforcement Part 12 Return and forfeiture of things seized Division 12.5 Section 98 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 73 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Division 12.5 Return and forfeiture of things seized 98 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 92 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person’s name, and how to contact the authorised person; (d) if the thing is moved from the premises where it is seized— where the thing is to be taken. 99 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or Part 12 Enforcement Division 12.5 Return and forfeiture of things seized Section 100 page 74 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for no longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing. (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section. 100 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect it; and (b) if it is a document—take extracts from it or make copies of it. Enforcement Part 12 Return and forfeiture of things seized Division 12.5 Section 101 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 75 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 101 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing if— (a) an infringement notice for an offence relating to the thing is not served on the owner within 1 year after the day of the seizure and— (i) a prosecution for an offence relating to the thing is not begun within the 1-year period; or (ii) a prosecution for an offence relating to the thing is begun within the 1-year period but the court does not find the offence proved; or (b) an infringement notice for an offence relating to the thing is served on the owner within 1 year after the day of the seizure, the infringement notice is withdrawn and— (i) a prosecution for an offence relating to the thing is not begun within the 1-year period; or (ii) a prosecution for an offence relating to the thing is so begun but the court does not find the offence proved; or (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 1 year after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and— (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or http://www.legislation.act.gov.au/a/1930-21 Part 12 Enforcement Division 12.6 Miscellaneous Section 102 page 76 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (ii) an information is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved. (2) If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the director-general directs. Division 12.6 Miscellaneous 102 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the authorised person, and any person assisting the authorised person, causes as little inconvenience, detriment and damage as practicable. (2) If an authorised person, or a person assisting an authorised person, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes, on reasonable grounds, is the owner of the thing. (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises. 103 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or a person assisting an authorised person. Enforcement Part 12 Miscellaneous Division 12.6 Section 103 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 77 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. Part 13 Notification and review of decisions Section 104 page 78 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 13 Notification and review of decisions 104 Definitions—pt 13 In this part: internally reviewable decision means a decision mentioned in schedule 1, part 1.1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). reviewable decision means a decision mentioned in schedule 1, part 1.2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 105 Internal review notices If the conservator makes an internally reviewable decision, the conservator must give an internal review notice only to each entity mentioned in schedule 1, part 1.1, column 4 in relation to the decision. Note The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 106 Applications for reconsideration (1) An entity mentioned in schedule 1, part 1.1, column 4 in relation to an internally reviewable decision may apply to the conservator for reconsideration of the decision. (2) The application must be made within 14 days after the day the notice of decision is given to the entity. http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 Notification and review of decisions Part 13 Section 107 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 79 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) The application must be in writing and must set out the grounds on which reconsideration of the decision is sought. Note If a form is approved under s 110 for the application, the form must be used. (4) If the application is made in accordance with this section, the making of the application automatically stays the operation of the decision until the application is finally dealt with. 107 Reconsideration of decisions (1) As soon as practicable after receiving an application for reconsideration of a decision (the first decision), the conservator must, in writing, ask the advisory panel for advice on the application. (2) Within 30 days after the day the advisory panel receives the conservator’s request, the advisory panel must give the conservator its advice. (3) Within 30 days after the day the conservator receives the advisory panel’s advice, the conservator must— (a) reconsider the first decision having regard to the advisory panel’s advice; and (b) confirm, vary or set aside the first decision. 107A Reviewable decision notice If a person makes a reviewable decision, the person must give a reviewable decision notice only to each entity mentioned in schedule 1, part 1.2, column 4 in relation to the decision. Note The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. http://www.legislation.act.gov.au/a/2008-35 Part 13 Notification and review of decisions Section 107B page 80 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 107B Applications for review An entity mentioned in schedule 1, part 1.2, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 Miscellaneous Part 14 Section 108 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 81 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 14 Miscellaneous 108 Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if— (a) the corporation commits a relevant offence; and (b) the officer was reckless about whether the relevant offence would be committed; and (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. (2) In deciding whether the executive officer took (or failed to take) all reasonable steps to prevent the commission of the offence, a court must consider any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (a) that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates; (b) that the corporation implements any appropriate recommendation arising from such an assessment; (c) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; Part 14 Miscellaneous Section 109 page 82 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (d) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed. (3) Subsection (2) does not limit the matters the court may consider. (4) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (6) In this section: executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. relevant offence means an offence against any of the following: (a) section 15 (Damaging protected trees—general); (b) section 16 (2), (3) or (4) (Damaging protected trees—work done as part of a business); (c) section 17 (1) or (2) (Doing prohibited groundwork—general); (d) section 18 (2) or (3) (Doing prohibited groundwork—work done as part of a business). 109 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Miscellaneous Part 14 Section 110 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 83 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 110 Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 111 Delegation of conservator’s functions (1) The conservator may delegate the conservator’s functions under this Act to— (a) a public employee; or (b) an authorised person; or (c) a person prescribed by regulation. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. (2) However, the conservator must not delegate the function of— (a) deciding under section 52 whether to register a tree; or (b) deciding under section 58 whether to cancel the registration of a tree; or (c) reconsidering a decision under section 107 (Reconsideration of decisions). 112 Incorporation of documents A statutory instrument under this Act may apply, adopt or incorporate an instrument as in force from time to time. Note A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 14 Miscellaneous Section 113 page 84 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 113 Inspection of incorporated documents (1) This section applies to an incorporated document, or an amendment or replacement of an incorporated document. Note For the meaning of incorporated document, see the dictionary. (2) The director-general must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of an administrative unit administered by the director-general. (3) In this section: amendment, of an incorporated document—see section 114 (6). 114 Notification of certain incorporated documents (1) This section applies to an incorporated document, or an amendment or replacement of an incorporated document. Example of replacement document a new edition of the incorporated document Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The director-general may prepare a notice (an incorporated document notice) for the incorporated document, amendment or replacement that contains the following information: (a) for an incorporated document—details of the document, including its title, author and date of publication; (b) for a replacement of an incorporated document—details of the replacement, including its title, author and date of publication; (c) for an amendment of an incorporated document—the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment; http://www.legislation.act.gov.au/a/2001-14 Miscellaneous Part 14 Section 114 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 85 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (d) for an incorporated document or any amendment or replacement— (i) a date of effect (no earlier than the day after the day of notification of the notice); and (ii) details of how access to inspect the document, amendment or replacement may be obtained under section 113 (Inspection of incorporated documents); and (iii) details of how copies may be obtained, including an indication of whether there is a cost involved. (3) An incorporated document notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) An incorporated document, and any amendment or replacement of an incorporated document, has no effect under this Act unless— (a) an incorporated document notice is notified in relation to the document, amendment or replacement; or (b) the document, amendment or replacement is notified under the Legislation Act, section 47 (6). (5) The Legislation Act, section 47 (7) does not apply in relation to incorporated documents. (6) In this section: amendment, of an incorporated document, includes an amendment of a replacement for the incorporated document. replacement, for an incorporated document, means— (a) a document that replaces the incorporated document; or (b) a document (an initial replacement) that replaces a document mentioned in paragraph (a); or (c) a document (a further replacement) that replaces an initial replacement or any further replacement. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 14 Miscellaneous Section 115 page 86 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 115 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences. http://www.legislation.act.gov.au/a/2001-14 Reviewable decisions Schedule 1 Internally reviewable decisions Part 1.1 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 87 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Schedule 1 Reviewable decisions (see pt 13) Part 1.1 Internally reviewable decisions column 1 item column 2 section column 3 decision column 4 entity 1 25 approve, or refuse to approve, activity applicant for approval, heritage council, representative Aboriginal organisation 2 28 cancel approval of activity person who held approval 3 35 approve, or refuse to approve, tree management plan applicant for approval, heritage council, representative Aboriginal organisation Schedule 1 Reviewable decisions Part 1.2 Reviewable decisions page 88 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 1.2 Reviewable decisions column 1 item column 2 section column 3 decision column 4 entity 1 52 approve, or refuse to approve, registration of tree person given written notice, under section 53 (1) (a), (b), (c) or (e), of registration decision 2 58 cancel, or refuse to cancel, registration of tree person given written notice, under section 59 (1) (a), (b), (c) or (e), of decision to cancel, or refuse to cancel, registration 3 61 make declaration lessee of land to which declaration relates 4 66 approve, or refuse to approve, publication of restricted information applicant for approval 5 76 give tree protection direction owner or occupier of land to which direction relates 6 107 confirm, vary or set aside first decision entity who is given internal review notice for decision mentioned in schedule 1, part 1.1, in relation to decision to be reviewed Dictionary R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 89 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:  ACAT  appoint  chief officer (fire and rescue service)  chief officer (rural fire service)  conservator of flora and fauna  contravene  exercise  function  heritage council  home address  planning and land authority  public employee  public servant  reviewable decision notice. Aboriginal heritage tree—a tree is an Aboriginal heritage tree if it is of particular significance to Aboriginal people because of either or both of the following: (a) Aboriginal tradition; (b) the history, including contemporary history, of any Aboriginal people of the area where the tree is located. advisory panel means the Tree Advisory Panel established under section 68. appeal, in relation to a reviewable decision, means an application to the ACAT to review the decision. appeal period means the period within which an appeal may be made. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Dictionary page 90 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office approval criteria—see section 21. AS 4373 means AS 4373-2007 (Pruning of amenity trees), as in force from time to time. Note AS 4373 may be purchased at www.standards.org.au. at premises includes in or on the premises. authorised person means an authorised person under section 85. built-up urban area—see section 7. cancellation criteria—see section 45 (1). connected, for part 12 (Enforcement)—see section 84. conservator means the conservator of flora and fauna. damage a protected tree—see section 12. declared site means an area declared to be a declared site under section 61. development, for part 11 (Land development applications)—see section 80. development approval, for section 19 (Exceptions—tree damaging and prohibited groundwork offences)—see the Planning and Development Act 2007, dictionary. heritage significance—see the Heritage Act 2004, section 10. incorporated document means an instrument applied, adopted or incorporated by a statutory instrument under this Act. Note A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). internally reviewable decision, for part 13 (Notification and review of decisions)—see section 104. internal review notice, for part 13 (Notification and review of decisions)—see section 104. http://www.standards.org.au/ http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2004-57 http://www.legislation.act.gov.au/a/2001-14 Dictionary R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 91 Unauthorised version prepared by ACT Parliamentary Counsel’s Office land management agency, for land where a tree is located, means the entity responsible for managing the use of the land under a law of the Territory or Commonwealth. lopping—see section 12. leased land means leased territory land, other than land leased for rural purposes, or purposes including rural purposes. major pruning—see section 13. occupier, of premises, for part 12 (Enforcement)—see section 84. offence, for part 12 (Enforcement)—see section 84. pollarding—see section 12. premises includes land. prohibited groundwork—see section 14. protected tree—see section 8. protection zone, for a protected tree—see section 11. provisionally register a tree means provisionally register the tree under section 48. register a tree means register the tree under section 54. registered tree— (a) for the Act—see section 9; but (b) for part 6 (Tree register)—see section 40. registration criteria—see section 45 (1). regulated tree—see section 10. Dictionary page 92 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office representative Aboriginal organisation means— (a) an organisation declared under the Heritage Act 2004, section 14 to be a representative Aboriginal organisation for that Act; or (b) an organisation prescribed by regulation for this definition. restricted information means information restricted under section 63 (Restricted non-Aboriginal information) or section 64 (Restricted Aboriginal information). reviewable decision, for part 13 (Notification and review of decisions)—see section 104. tree includes a palm tree. tree management plan— (a) for this Act generally—means a tree management plan approved under section 35; and (b) in parts 2 to 4—includes a tree management plan approved under the Planning and Development Act 2007, section 162 (5) (b) (Deciding development applications). tree management precinct—see section 10 (3). tree protection direction—see section 76. tree register—see section 41. http://www.legislation.act.gov.au/a/2004-57 http://www.legislation.act.gov.au/a/2007-24 Endnotes About the endnotes 1 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 93 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired http://www.legislation.act.gov.au/a/2001-14 Endnotes 3 Legislation history page 94 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 3 Legislation history Tree Protection Act 2005 A2005-51 notified LR 29 September 2005 s 1, s 2 commenced 29 September 2005 (LA s 75 (1)) remainder commenced 29 March 2006 (s 2 and LA s 79) as amended by Pest Plants and Animals Act 2005 A2005-21 sch 1 pt 1.4 notified LR 12 May 2005 s 1, s 2 commenced 12 May 2005 (LA s 75 (1)) sch 1 pt 1.4 commenced 29 March 2006 (LA s 79A and A2005-51) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.30 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.30 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.101 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.101 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.71 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.71 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.80 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.80 commenced 17 December 2009 (s 2) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.31 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.31 commenced 1 March 2011 (s 2) http://www.legislation.act.gov.au/a/2005-21 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/a/2007-24 http://www.legislation.act.gov.au/cn/2008-1/default.asp http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/cn/2009-2/default.asp http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-3 Endnotes Legislation history 3 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 95 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.156 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.156 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.49 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.49 commenced 5 June 2012 (s 2 (2)) Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.10 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) sch 2 pt 2.10 commenced 1 July 2013 (s 2 and CN2013-9) Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.9 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) sch 1 pt 1.9 commenced 22 February 2013 (s 2) Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.48 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.48 commenced 14 June 2013 (s 2) Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.23 notified LR 11 November 2013 s 1, s 2 commenced 11 November 2013 (LA s 75 (1)) sch 3 pt 3.23 commenced 25 November 2013 (s 2) Heritage Legislation Amendment Act 2014 A2014-43 pt 3 notified LR 3 October 2014 s 1, s 2 commenced 3 October 2014 (LA s 75 (1)) pt 3 commenced 4 October 2014 (s 2 (1)) Utilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.3 notified LR 8 December 2014 s 1, s 2 commenced 8 December 2014 (LA s 75 (1)) sch 2 pt 2.3 commenced 1 March 2015 (s 2 and CN2015-1) http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2012-21 http://www.legislation.act.gov.au/a/2013-3/default.asp http://www.legislation.act.gov.au/cn/2013-9/default.asp http://www.legislation.act.gov.au/a/2013-4/default.asp http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2014-60/default.asp http://www.legislation.act.gov.au/cn/2015-1/default.asp Endnotes 3 Legislation history page 96 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.63 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.63 commenced 14 October 2015 (s 2) Emergencies Amendment Act 2016 A2016-33 sch 1 pt 1.22 notified LR 20 June 2016 s 1, s 2 commenced 20 June 2016 (LA s 75 (1)) sch 1 pt 1.22 commenced 21 June 2016 (s 2) Utilities (Technical Regulation) Amendment Act 2017 A2017-34 sch 1 notified LR 8 November 2017 s 1, s 2 commenced 8 November 2017 (LA s 75 (1)) sch 1 commenced 1 July 2018 (s 2 (1) and CN2018-5) Tree Protection Amendment Act 2017 A2017-37 notified LR 9 November 2017 s 1, s 2 commenced 9 November 2017 (LA s 75 (1)) remainder commenced 10 November 2017 (s 2) http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2017-34 http://www.legislation.act.gov.au/cn/2018-5/default.asp http://www.legislation.act.gov.au/a/2017-37 Endnotes Amendment history 4 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 97 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 4 Amendment history Commencement s 2 om LA s 89 (4) Application of Act—built-up urban areas s 7 am A2011-3 amdt 3.286 Regulated trees and tree management precincts s 10 am A2005-21 amdt 1.15 Exceptions—tree damaging and prohibited groundwork offences s 19 am A2007-25 amdt 1.170; A2012-21 amdt 3.193, amdt 3.194; A2013-3 amdt 2.32; A2014-60 amdt 2.5, amdt 2.6; pars renum R15 LA; A2016-33 amdt 1.50, amdt 1.51; A2017-34 amdt 1.1, amdt 1.2; pars renum R19 LA Contravening tree protection conditions of development approval s 20 am A2007-25 amdt 1.171 Criteria for approval s 21 am A2011-3 amdt 3.286 Approval application may need to be referred to other entities s 24A ins A2014-43 s 88 Time for referral entity to give advice on application s 24B ins A2014-43 s 88 Effect of no response by referral entity s 24C ins A2014-43 s 88 Decision on approval application s 25 am A2014-43 s 89; pars renum R14 LA Operation of approval s 27 am A2008-37 amdt 1.494 Cancellation of approval s 28 am A2008-37 amdt 1.495 Guidelines for tree management plans s 31 am A2011-3 amdt 3.286 Proposal or application may need to be referred to other entities s 34A ins A2014-43 s 90 Time for referral entity to give advice on proposal or application s 34B ins A2014-43 s 90 Effect of no response by referral entity s 34C ins A2014-43 s 90 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2005-21 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2012-21 http://www.legislation.act.gov.au/a/2013-3 http://www.legislation.act.gov.au/a/2014-60 http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2017-34/default.asp http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2014-43 Endnotes 4 Amendment history page 98 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Decision on tree management plan s 35 am A2014-43 s 91; pars renum R14 LA Operation of tree management plan s 37 am A2008-37 amdt 1.496 Criteria for tree management precincts s 38 am A2011-3 amdt 3.286 Tree management precinct declaration s 39 am A2011-3 amdt 3.286 Criteria for registration and cancellation of registration s 45 am A2011-3 amdt 3.286 Notice of decision on provisional registration s 49 am A2009-20 amdt 3.208; A2015-33 amdt 1.220, amdt 1.221 Decision on registration s 52 am A2008-37 amdt 1.497 Notice of decision on registration s 53 am A2009-20 amdt 3.208; A2015-33 amdt 1.222 Notice of proposed cancellation of registration s 56 am A2009-20 amdt 3.208; A2015-33 amdt 1.223, amdt 1.224 Decision on cancellation of registration etc s 58 am A2008-37 amdt 1.497 Notice of decision on cancellation of registration s 59 am A2009-20 amdt 3.208; A2015-33 amdt 1.225 Site declarations s 61 am A2011-3 amdt 3.286 Death of tree from natural causes div 7.4 hdg ins A2017-37 s 4 Application—div 7.4 s 61A ins A2017-37 s 4 Cancellation of registration of dead tree s 61B ins A2017-37 s 4 Notice of cancellation of registration of dead tree s 61C ins A2017-37 s 4 Cancellation of registration of dead tree—tree register s 61D ins A2017-37 s 4 Approval to publish restricted information s 68 am A2013-19 amdt 3.471 http://www.legislation.act.gov.au/a/2014-43 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2013-19 Endnotes Amendment history 4 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 99 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Criteria for tree protection directions s 75 am A2011-3 amdt 3.286 Meaning of development—pt 11 s 80 sub A2007-25 amdt 1.172 Simplified outline s 81 sub A2007-25 amdt 1.172 Advice about tree protection on land subject to development s 82 am A2007-25 amdt 1.173 Requirements for conservator’s advice about tree protection s 83 sub A2007-25 amdt 1.174 Appointment of authorised people s 85 am A2011-22 amdt 1.444; A2013-19 amdt 3.472 Identity cards s 86 am A2011-22 amdt 1.444 Power to require name and address s 91 am A2009-49 amdt 3.202 Return of things seized s 101 am A2011-22 amdt 1.444 Notification and review of decisions pt 13 hdg sub A2008-37 amdt 1.498 Definitions—pt 13 s 104 sub A2008-37 amdt 1.498 def internally reviewable decision ins A2008-37 amdt 1.498 def internal review notice ins A2008-37 amdt 1.498 def reviewable decision ins A2008-37 amdt 1.498 Internal review notices s 105 sub A2008-37 amdt 1.498 Applications for reconsideration s 106 sub A2008-37 amdt 1.498 Reconsideration of decisions s 107 sub A2008-37 amdt 1.498 Reviewable decision notice s 107A ins A2008-37 amdt 1.498 Applications for review s 107B ins A2008-37 amdt 1.498 Criminal liability of executive officers s 108 am A2011-3 amdt 3.284 sub A2013-4 amdt 1.11 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2013-4/default.asp Endnotes 4 Amendment history page 100 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Determination of fees s 109 am A2011-3 amdt 3.286 Approved forms s 110 am A2011-3 amdt 3.286 Delegation of conservator’s functions s 111 am A2008-37 amdt 1.499 Incorporation of documents s 112 am A2013-44 amdt 3.197, amdt 3.198 Inspection of incorporated documents s 113 am A2011-22 amdt 1.444 Notification of certain incorporated documents s 114 am A2011-22 amdt 1.444; A2013-44 amdt 3.199 Transitional pt 15 hdg exp 29 March 2008 (s 123) Definitions for pt 15 s 116 exp 29 March 2008 (s 123) Legislation repealed s 117 om LA s 89 (3) Heritage trees s 118 exp 29 March 2008 (s 123) Interim tree management precincts s 119 exp 29 March 2008 (s 123) Approved activities s 120 exp 29 March 2008 (s 123) Transitional regulations s 121 exp 29 March 2008 (s 123) Legislation amended—sch 1 s 122 om LA s 89 (3) Expiry of pt 15 s 123 exp 29 March 2008 (s 123) Reviewable decisions sch 1 om LA s 89 (3) ins A2008-37 amdt 1.500 Internally reviewable decisions sch 1 pt 1.1 ins A2008-37 amdt 1.500 sub A2014-43 s 92 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2014-43 Endnotes Amendment history 4 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 101 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Reviewable decisions sch 1 pt 1.2 ins A2008-37 amdt 1.500 am A2011-3 amdt 3.285; A2017-37 s 5 Dictionary dict am A2008-37 amdt 1.501; A2009-20 amdt 3.209; A2009-49 amdt 3.203; A2012-21 amdt 3.195; A2015-33 amdt 1.226; A2016-33 amdt 1.52 def appeal sub A2008-37 amdt 1.502 def AS 4373 sub A2013-19 amdt 3.473 def development approval ins A2007-25 amdt 1.175 def incorporated document am A2013-44 amdt 3.200, amdt 3.201 def internally reviewable decision ins A2008-37 amdt 1.503 def internal review notice ins A2008-37 amdt 1.503 def Land Act om A2007-25 amdt 1.176 def provisionally register am A2013-19 amdt 3.474 def reviewable decision ins A2008-37 amdt 1.503 def tree management plan sub A2007-25 amdt 1.177 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2012-21 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2013-44 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-25 Endnotes 5 Earlier republications page 102 Tree Protection Act 2005 Effective: 01/07/18 R19 01/07/18 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 29 Mar 2006 29 Mar 2006– 29 Mar 2008 A2005-21 new Act and amendments by A2005-21 R2 30 Mar 2008 30 Mar 2008– 30 Mar 2008 A2005-21 commenced expiry R3 31 Mar 2008 31 Mar 2008– 1 Feb 2009 A2007-25 amendments by A2007-25 R4 2 Feb 2009 2 Feb 2009– 21 Sept 2009 A2008-37 amendments by A2008-37 R5 22 Sept 2009 22 Sept 2009– 16 Dec 2009 A2009-20 amendments by A2009-20 R6 17 Dec 2009 17 Dec 2009– 28 Feb 2011 A2009-49 amendments by A2009-49 R7 1 Mar 2011 1 Mar 2011– 30 June 2011 A2011-3 amendments by A2011-3 R8 1 July 2011 1 July 2011– 4 June 2012 A2011-22 amendments by A2011-22 R9 5 June 2012 5 June 2012– 21 Feb 2013 A2012-21 amendments by A2012-21 R10 22 Feb 2013 22 Feb 2013– 13 June 2013 A2013-4 amendments by A2013-4 R11 14 June 2013 14 June 2013– 30 June 2013 A2013-19 amendments by A2013-19 R12 1 July 2013 1 July 2013– 24 Nov 2013 A2013-19 amendments by A2013-3 http://www.legislation.act.gov.au/a/2005-21 http://www.legislation.act.gov.au/a/2005-21 http://www.legislation.act.gov.au/a/2005-21 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2007-25 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2012-21/default.asp http://www.legislation.act.gov.au/a/2012-21/default.asp http://www.legislation.act.gov.au/a/2013-4 http://www.legislation.act.gov.au/a/2013-4 http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2013-19 http://www.legislation.act.gov.au/a/2013-3 Endnotes Earlier republications 5 R19 01/07/18 Tree Protection Act 2005 Effective: 01/07/18 page 103 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Republication No and date Effective Last amendment made by Republication for R13 25 Nov 2013 25 Nov 2013– 3 Oct 2014 A2013-44 amendments by A2013-44 R14 4 Oct 2014 4 Oct 2014– 28 Feb 2015 A2014-43 amendments by A2014-43 R15 1 Mar 2015 1 Mar 2015– 13 Oct 2015 A2014-60 amendments by A2014-60 R16 14 Oct 2015 14 Oct 2015– 20 June 2016 A2015-33 amendments by A2015-33 R17 21 June 2016 21 June 2016– 9 Nov 2017 A2016-33 amendments by A2016-33 R18 10 Nov 2017 10 Nov 2017– 30 June 2018 A2017-37 amendments by A2017-37 © Australian Capital Territory 2018 http://www.legislation.act.gov.au/a/2013-44/default.asp http://www.legislation.act.gov.au/a/2013-44/default.asp http://www.legislation.act.gov.au/a/2014-43/default.asp http://www.legislation.act.gov.au/a/2014-43/default.asp http://www.legislation.act.gov.au/a/2014-60/default.asp http://www.legislation.act.gov.au/a/2014-60/default.asp http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2016-33 http://www.legislation.act.gov.au/a/2017-37/default.asp http://www.legislation.act.gov.au/a/2017-37/default.asp