Urban Forest Act 2023

Before considering a proposal to cancel a tree’s registration, the conservator must give written notice of the proposed cancellation to the following:

the person who proposed the cancellation;

the lessee of, or custodian for, the land where the tree is located;

if the tree is on leased land—the occupier of land that—

adjoins the land where the tree is located; and

is within 50m of the tree.

However, the conservator need not give more than 1 notice to a particular person.

The conservator may give written notice of the proposed cancellation to anyone else the conservator considers appropriate.

The conservator must also give public notice of the proposed cancellation.

A notice under this section must include—

an indication of whether the conservator is satisfied that the proposed cancellation is likely to satisfy the cancellation criteria; and

if the conservator considers there may be grounds for making a site declaration in relation to the cancellation—an indication of that fact; and

a statement to the effect that any comments about the proposed cancellation may be given to the conservator by the closing date stated in the notice.

The closing date must be at least 21 working days after the day public notice is given under subsection (4).

A notice under this section must not include restricted information.