Australian Capital Territory Current Acts

URBAN FOREST ACT 2023 - SECT 50

    (1)     This section applies if—

        (a)     an authorised person gives a person a tree reparation direction; and

        (b)     the person fails to comply with the direction.

    (2)     The authorised person, or anyone else authorised by the decision-maker for the protected tree for this section, may—

        (a)     enter the land where the tree is located; and

        (b)     do the thing required to be done under the direction.

    (3)     The reasonable costs incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).

    (4)     The authorised person, or anyone else authorised by the decision-maker for this section, must give written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin to—

        (a)     the person given the tree reparation direction; and

        (b)     the lessee or occupier of the land where the tree is located.

    (5)     The authorised person, or anyone else authorised by the decision-maker for this section, may give written notice of the proposed action to anyone else considered appropriate.

    (6)     The notice must include the following:

        (a)     a statement about the operation of this section;

        (b)     the purpose and nature of the proposed action;

        (c)     the time or times when the action is proposed to be taken;

        (d)     a statement about the obligations of the authorised person and the Territory under subsection (8).

    (7)     A person may waive the right to all or part of the minimum period of notice under subsection (4).

    (8)     Section 129 (Damage etc to be minimised) and section 130 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if—

        (a)     it were the exercise of a function under part 7 (Enforcement) by an authorised person or a person assisting an authorised person; and

        (b)     any changes prescribed by regulation, and all other necessary changes, were made.