Tree reparation directions

In force

(1)

This section applies if—

(a)

a person causes damage to a protected tree; and

(b)

the damage is not authorised under an approval under this Act or another territory law.

Examples—approvals that may authorise damage

1 an approval given to the person under s 28 or s 32

2 a tree management plan

3 a tree protection direction

4 a tree protection condition of a development approval

5 an emergency declaration, control declaration or biosecurity direction under the Biosecurity Act 2023

6 a public unleased land permit

(2)

An authorised person may direct (a tree reparation direction) the person to—

(a)

repair the damage; or

(b)

if the tree is beyond repair—remove or replace the tree.

(3)

A tree reparation direction must—

(a)

be in writing; and

(b)

identify the protected tree to which the direction relates; and

(c)

describe the damage to the tree; and

(d)

state the thing required to be done; and

(e)

state the period for compliance with the direction.

Research tools for this sectionSubscription

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.