Canopy contribution agreements—conditions
36 Canopy contribution agreements—conditions
This section applies if a decision-maker enters into a canopy contribution agreement with an applicant under section 35 in relation to a protected tree.
The canopy contribution agreement must state that it is subject to either or both of the following conditions, as decided by the decision‑maker:
the applicant must make a contribution (an on-site canopy contribution) to the tree canopy on the land where the protected tree is located;
the applicant must pay an amount (a financial settlement) to the Territory.
If the canopy contribution agreement is subject to a condition that the applicant make an on-site canopy contribution—
the agreement must state how many trees are to be planted on the land; and
the on-site canopy contribution must comply with any requirements prescribed by regulation.
If the canopy contribution agreement is subject to a condition that the applicant pay a financial settlement—
the agreement must state the amount of the financial settlement to be paid; and
the decision-maker must take into account any matter prescribed by regulation in deciding the amount.
A regulation may prescribe the following, or how to work out the following:
for an on-site canopy contribution—the number of trees, and the size of the trees, to be planted on land; and
for a financial settlement—the amount to be paid.
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