Approval application—referral to other entities
25 Approval application—referral to other entities
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.
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