Tree bonds—refusal to release

In force

(1)

This section applies if—

(a)

a tree bond agreement has ended; and

(b)

an authorised person has inspected the tree; and

(c)

the decision-maker is satisfied on reasonable grounds that—

(i)

the tree—

(A)

is not in good health; or

(B)

has been damaged; and

(ii)

the tree’s ill health or damage was likely caused by a failure of the person to comply with the tree bond agreement; or

(iii)

the person under the tree bond agreement has engaged in conduct that contravenes the tree bond agreement.

(2)

The decision-maker may do either or both of the following:

(a)

ask the person to do something to restore the tree;

(b)

refuse to refund part or all of the amount of the tree bond to the person.

(3)

If the decision-maker asks the person to do something to restore the tree and the person fails to satisfactorily do the thing, the decision‑maker may refuse to refund all or part of the total amount of the tree bond to the person.

Division 5.3 Tree advisory panel

This Act’s bill:Explanatory statement Second reading speech

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96 Tree bonds—refusal to release