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s 16

Offences—damaging protected trees

In force
Part 3Protection of trees
Division 3.2Prohibited activities
Subdivision 3.2.1Prohibited activities—offences

16 Offences—damaging protected trees

(1)

A person commits an offence if—

(a)

the person engages in conduct that damages a protected tree; and

(b)

the person intends to damage the protected tree.

Maximum penalty: 500 penalty units.

(2)

A person commits an offence if—

(a)

the person engages in conduct that damages a protected tree; and

(b)

the person is reckless about whether engaging in the conduct would damage the protected tree.

Maximum penalty: 300 penalty units.

(3)

A person commits an offence if—

(a)

the person engages in conduct; and

(b)

the person is reckless about whether engaging in the conduct would damage a protected tree.

Maximum penalty: 100 penalty units.

(4)

A person commits an offence if—

(a)

the person engages in conduct that damages a protected tree; and

(b)

the person is negligent about whether engaging in the conduct would damage the protected tree.

Maximum penalty: 100 penalty units.

(5)

A person commits an offence if the person engages in conduct that damages, or is likely to damage, a protected tree.

Maximum penalty: 50 penalty units.

(6)

For subsections (1), (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.

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Section 16 — Offences—damaging protected trees — Urban Forest Act 2023 (Australian Capital Territory) — Barrister AI