Urban Forest Act 2023

The decision-maker may cancel an approval of an application under section 21 if satisfied that the approved activity does not satisfy, or no longer satisfies, the approval criteria.

For an approval in relation to a declared site, the decision-maker must give notice of the cancellation to the following:

the applicant;

the lessee of, or custodian for, the land where the site is located;

the territory planning authority.

For any other approval, the decision-maker must give notice of the cancellation to the following:

the applicant;

the lessee of, or custodian for, the land where the tree is located;

the lessee of, or custodian for, the land where the activity was approved to be carried out;

the occupier of land that—

adjoins the land where the tree is located; and

is within 50m of the tree;

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 need not give more than 1 notice to a particular person.

Notice may be given orally or in writing.

However, if notice is given orally, the decision-maker must give written notice as soon as practicable after the oral notice is given.

For subsections (2) (a) and (3) (a), it is sufficient if the decision-maker sends the notice to the applicant at the address last given to the decision-maker by the applicant.

The decision-maker may give notice of the cancellation to anyone else the decision-maker considers appropriate.

Subject to section 133 (Applications for internal review), the cancellation takes effect on the date stated in the written notice of cancellation.

The date stated in the written notice must be at least 7 working days after the day the notice is given to the applicant.