Tree reparation directions
48 Tree reparation directions
This section applies if—
a person causes damage to a protected tree; and
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
An authorised person may direct (a tree reparation direction) the person to—
repair the damage; or
if the tree is beyond repair—remove or replace the tree.
A tree reparation direction must—
be in writing; and
identify the protected tree to which the direction relates; and
describe the damage to the tree; and
state the thing required to be done; and
state the period for compliance with the direction.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.