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s 17

Offences—doing prohibited groundwork

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

17 Offences—doing prohibited groundwork

(1)

A person commits an offence if—

(a)

the person does prohibited groundwork; and

(b)

the prohibited groundwork is done in—

(i)

the protection zone for a protected tree; or

(ii)

a declared site; and

(c)

the person has intention in relation to the circumstance mentioned in paragraph (b).

Maximum penalty: 300 penalty units.

(2)

A person commits an offence if—

(a)

the person does prohibited groundwork; and

(b)

the prohibited groundwork is done in—

(i)

the protection zone for a protected tree; or

(ii)

a declared site; and

(c)

the person is reckless in relation to the circumstance mentioned in paragraph (b).

Maximum penalty: 200 penalty units.

(3)

A person commits an offence if—

(a)

the person does prohibited groundwork; and

(b)

the prohibited groundwork is done in—

(i)

the protection zone for a protected tree; or

(ii)

a declared site; and

(c)

the person is negligent in relation to the circumstance mentioned in paragraph (b).

Maximum penalty: 100 penalty units.

(4)

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.

(5)

An offence against subsection (4) is a strict liability offence.

Subdivision 3.2.2 Prohibited activities—exceptions

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