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This is a Bill, not an Act. For current law, see the Acts databases.


TREE PROTECTION AMENDMENT BILL 2017

2017

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Transport and City Services)

Tree Protection Amendment Bill 2017

A Bill for

An Act to amend the Tree Protection Act 2005









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Tree Protection Amendment Act 2017

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Tree Protection Act 2005

.

4 New division 7.4

insert

Division 7.4 Death of tree from natural causes

61A Application—div 7.4

This division applies if the conservator is satisfied, on reasonable grounds, that a registered tree has died of natural causes.

61B Cancellation of registration of dead tree

(1) The conservator may cancel the registration of the tree.

(2) Division 7.3 does not apply to the cancellation.

61C Notice of cancellation of registration of dead tree

(1) The conservator must give written notice of a decision under section 61B to—

(a) the lessee of, or land management agency for, the land where the tree is located; and

(b) if the tree is on leased land—the lessee of, or land management agency for, land that—

(i) adjoins the land where the tree is located; and

(ii) is within 50m of the tree.

(2) However, the conservator need not give more than 1 notice to a particular person.

(3) The conservator may give written notice of the decision to anyone else the conservator considers appropriate.

(4) The conservator must also give public notice of the decision.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

(5) A notice under this section must not include restricted information.

61D Cancellation of registration of dead tree—tree register

(1) This section applies if the conservator cancels the registration of a tree under section 61B.

(2) The conservator must remove the entry about the tree from the tree register.

5 Reviewable decisions

Schedule 1, part 1.2, items 1 and 2

substitute

1
52
approve, or refuse to approve, registration of tree
person given written notice, under section 53 (1) (a), (b), (c) or (e), of registration decision
2
58
cancel, or refuse to cancel, registration of tree
person given written notice, under section 59 (1) (a), (b), (c) or (e), of decision to cancel, or refuse to cancel, registration

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 24 August 2017.

2 Notification

Notified under the Legislation Act

on 2017.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.





























© Australian Capital Territory 2017

 


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