Urban Forest Act 2023

The decision-maker for an application under section 21 must, after assessing a tree to which the application relates, give a copy of the application to the following:

if the application relates to a heritage tree—the heritage council;

if the application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.

However, the decision-maker is not required to give a copy of the application to an entity mentioned in subsection (1) if the decision‑maker is satisfied—

that—

the applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and

the entity agrees in writing to the activity proposed in the application; or

if the entity is the heritage council—that the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171.

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 26.