Tree management plans—referral of proposal or application to other entities
82 Tree management plans—referral of proposal or application to other entities
This section applies if a decision-maker—
assesses a tree to which a proposal or application for approval of a tree management plan relates; and
is satisfied that the tree requires a tree management plan.
The decision-maker must give a copy of the proposal or application to the following:
if the proposal or application relates to a heritage tree—the heritage council;
if the proposal or application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.
However, the decision-maker is not required to give a copy of the application to an entity mentioned in subsection (2) if the decision‑maker is satisfied—
that—
the applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and
the entity agrees in writing to the activity proposed in the application; or
if the entity is the heritage council—that the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171.
A written agreement to an activity mentioned in subsection (3) (a) (ii) is taken to be advice on the application received in accordance with section 83.
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