Urban Forest Act 2023

A person may apply, in writing, to the decision-maker in relation to a protected tree for approval to carry out an activity on land that would or may—

damage the protected tree; or

be prohibited groundwork in—

the protection zone for a protected tree; or

a declared site.

Note A tree may be protected under the Heritage Act 2004 if the tree is a heritage tree (see dict, def heritage tree).

The application must include—

if the protected tree is on the applicant’s land—written evidence that the applicant is the lessee of the land; or

if the protected tree is on leased land other than the applicant’s land—written evidence, signed by the lessee of the land, that the lessee agrees to—

the application being made; and

the activity to be carried out; or

if the protected tree is on the common property in a units plan—written evidence, executed by the owners corporation for the units plan, that the owners corporation agrees to—

the application being made; and

the activity to be carried out.

In this section:

applicant’s land means the land for which the applicant is the lessee.

common property—see the Unit Titles Act 2001, section 13.

execute, a document by an owners corporation, means executed in a way mentioned in the Unit Titles (Management) Act 2011, section 9A.

owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary.

units plan—see the Unit Titles Act 2001, dictionary.