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s 85

Tree management plans—decision

In force
Part 5Management of trees
Division 5.1Tree management plans

85 Tree management plans—decision

(1)

If a decision-maker proposes, or receives an application for, a tree management plan, the decision-maker must decide whether to approve the plan.

(2)

For an application for a tree management plan, the decision-maker must make the decision within 40 working days after the day the decision-maker receives the application.

(3)

In working out the 40-working day period, any period when a requirement under section 79 (1) was not complied with is disregarded.

Note The period for deciding an application may also be extended or suspended in extraordinary circumstances (see s 138).

(4)

In making the decision, the decision-maker must take into account the following:

(a)

the guidelines determined under section 88;

(b)

the advice (if any) of the advisory panel;

(c)

the advice (if any) of an entity to which the proposal or application was given under section 82;

(d)

anything else the decision-maker considers relevant.

(5)

A tree management plan may be approved subject to a condition.

Example—condition a tree management plan must include landscape treatments, such as understory planting, mulching and irrigation, to protect and nurture a tree

(6)

If the conservator approves a tree management plan for a registered tree, the conservator must include details of the plan in the tree register.

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