Australian Capital Territory Current Acts

URBAN FOREST ACT 2023 - SECT 16

    (1)     A person commits an offence if—

        (a)     the person engages in conduct that damages a protected tree; and

        (b)     the person intends to damage the protected tree.

Maximum penalty: 500 penalty units.

    (2)     A person commits an offence if—

        (a)     the person engages in conduct that damages a protected tree; and

        (b)     the person is reckless about whether engaging in the conduct would damage the protected tree.

Maximum penalty: 300 penalty units.

    (3)     A person commits an offence if—

        (a)     the person engages in conduct; and

        (b)     the person is reckless about whether engaging in the conduct would damage a protected tree.

Maximum penalty: 100 penalty units.

    (4)     A person commits an offence if—

        (a)     the person engages in conduct that damages a protected tree; and

        (b)     the person is negligent about whether engaging in the conduct would damage the protected tree.

Maximum penalty: 100 penalty units.

    (5)     A person commits an offence if the person engages in conduct that damages, or is likely to damage, a protected tree.

Maximum penalty: 50 penalty units.

    (6)     For subsections (1), (2), (3) and (4), strict liability applies to the circumstance that the tree is a protected tree.

    (7)     An offence against subsection (5) is a strict liability offence.