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s 44

Tree protection directions

In force
Part 3Protection of trees
Division 3.4Directions
Subdivision 3.4.1Tree protection directions

44 Tree protection directions

(1)

A decision-maker in relation to a protected tree may give a direction (a tree protection direction) to do or not do something to protect the protected tree to—

(a)

the lessee or occupier of the land where the tree is located; or

(b)

anyone carrying out an activity that may affect the tree.

Example to erect a fence around a tree

(2)

A tree protection direction must be given in accordance with any criteria determined under section 43.

(3)

A tree protection direction may be given orally or in writing.

(4)

However, if the direction is given orally, the decision-maker must give the direction in writing as soon as practicable and not later than 7 days after the oral direction is given.

(5)

The written direction must state the period for which it is in force.

(6)

In this section:

protected tree includes a tree that has been nominated for registration under section 54, if the conservator has not—

(a)

decided whether to provisionally register the tree under section 55; or

(b)

refused to consider the nomination under section 54.

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