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s 92

Tree bonds and tree bond agreements

In force
Part 5Management of trees
Division 5.2Tree bonds

92 Tree bonds and tree bond agreements

(1)

This section applies if—

(a)

any of the following (an authorisation) have been proposed or applied for, or are in force:

(i)

a tree management plan;

(ii)

a public unleased land permit;

(iii)

a work approval under the Public Unleased Land Act 2013, section 19;

(iv)

a tree protection condition of a development approval; and

(b)

a decision-maker in relation to a protected tree is satisfied on reasonable grounds that the tree is at risk of damage because of an activity to be carried out for the authorisation mentioned in paragraph (a).

Examples—activities that may be carried out demolition, excavation, construction

(2)

The decision-maker may require the applicant for the authorisation mentioned in subsection (1) (a) to enter into an agreement (a tree bond agreement) with the Territory to—

(a)

protect the protected tree from damage while carrying out any activity for the authorisation; and

(b)

pay the Territory a bond (a tree bond) as security for the performance of the obligation to protect the protected tree.

(3)

The decision-maker may, by written notice given to the applicant, require the applicant to give the decision-maker any document or other thing prescribed by regulation before the agreement is entered into.

(4)

The applicant must not carry out any activity for an authorisation mentioned in subsection (1) (a) before entering into a tree bond agreement.

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