Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014 - SECT 139

Definitions—div 6.1.3

    (1)     In this division:

"built-up urban area"—see the Urban Forest Act 2023

, section 8.

"damage" a tree—

        (a)     includes the following:

              (i)     kill or destroy the tree;

              (ii)     poison the tree;

              (iii)     ringbark the tree (whether partially or completely);

              (iv)     fell or remove the tree;

              (v)     lop or pollard the tree;

              (vi)     remove a hollow from the tree;

              (vii)     anything else done to or in relation to the tree that—

    (A)     is likely to cause it to die; or

    (B)     significantly reduces its life expectancy; or

    (C)     significantly and adversely affects its health, stability or general appearance; but

        (b)     does not include any cultural heritage practice undertaken in relation to the tree.

Examples—subpar (vii)

1     remove, cut or break a branch of the tree

2     contaminate soil around a protected tree by spilling chemicals or washing down construction products, such as cement, on the soil

"native timber"—

        (a)     means timber from a tree that is a native plant, whether living or dead; and

        (b)     includes—

              (i)     a standing or fallen native tree; and

              (ii)     any material from a standing or fallen native tree; but

        (c)     does not include a tree seedling.

"native tree"—

        (a)     means a tree that is a native plant, whether living or dead; but

        (b)     does not include a tree seedling.

"plant tag", for a plant, means a tag made of durable material that displays the following details:

        (a)     the name of the person proposing to sell or export the plant;

        (b)     the botanical name and common name (if any) of the plant.

"tree seedling" means a tree that is not more than 2m high.

    (2)     In this section:

"hollow"—see the Urban Forest Act 2023

, section 14 (3).

"lop" a tree means cut branches or stems of the tree between branch unions.

"pollard" a tree means remove branches of the tree to a previously pruned or lopped point.



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