Planning, Development and Infrastructure Act 2016

If in any proceedings under this Act the court finds that a person has contravened this Act by undertaking a tree‑damaging activity, the court may, in addition to any penalty that it may impose, by order, direct a specified person to do 1 or more of the following:

to establish a tree or trees of a kind specified by the court in a place or places specified by the court;

to remove any buildings, works or vegetation that have been erected, undertaken or planted at or near the place where the regulated tree was situated since the breach occurred;

to nurture, protect and maintain any tree or trees until they are fully established or for such period as may be specified by the court, or to make a payment or payments towards the maintenance of any tree or trees.

The court may make any ancillary order as the court thinks fit.

The court must, before making an order under subsection (1) directed at a person who is not an owner or occupier of the relevant land, ensure that reasonable steps have been taken to give notice of the relevant proceedings to an owner or occupier of the land.

If a person to whom an order under subsection (1) applies is not an owner or occupier of the relevant land at the time of the making of the order, the court may authorise the person (or a person authorised by him or her)—

to enter the land with such materials and equipment as are reasonably necessary to comply with the order; and

to enter and cross any land specified in the order with the materials and equipment referred to in paragraph (a) for the purpose of gaining access to the relevant land.

Subject to subsection (6), an order under this section will cease to apply with respect to land if or when the land is sold to a genuine arms‑length purchaser for value.

Subsection (5) does not apply if the order is noted against the relevant instrument of title or, in the case of land not under the provisions of the

Real

Property Act 1886, against the land under a scheme prescribed by the regulations for the purposes of this subsection.

A court may, on application, vary or revoke an order under this section.

A person who fails to comply with an order under subsection (1) or (2) is, in addition to any liability for contempt, guilty of an offence.

Maximum penalty: $20 000.

An owner or occupier of land, or any other person, who hinders or obstructs a person in carrying out the requirements of an order under subsection (1) or (2) or entering or crossing land under subsection (4) is guilty of an offence.

Maximum penalty: $5 000.