Urban Forest Act 2023

This section applies if a person fails to comply with a tree protection direction requiring the person to do something in relation to a protected tree.

An authorised person, or anyone else authorised by the decision‑maker for the protected tree for this section, may enter the land where the tree is located and—

do the thing stated in the direction; or

do or finish any work stated in the direction.

The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given.

The decision-maker must give written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin to—

the person given the tree protection direction; and

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

The decision-maker may give written notice of the proposed action to anyone else the decision-maker considers appropriate.

The notice must include the following:

a statement about the operation of this section;

the purpose and nature of the proposed action;

the time or times when the action is proposed to be taken;

a statement about the obligations of the authorised person and the Territory under subsection (8).

A person may waive the right to all or part of the minimum period of notice under subsection (4).

Section 129 (Damage etc to be minimised) and section 130 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if—

it were the exercise of a function under part 7 (Enforcement) by an authorised person or a person assisting an authorised person; and

any changes prescribed by regulation, and all other necessary changes, were made.

Subdivision 3.4.2 Tree reparation directions