Australian Capital Territory Current Acts

URBAN FOREST ACT 2023 - SECT 69

    (1)     This section applies if—

        (a)     a registered tree is damaged by conduct other than conduct mentioned in section 18 (1); and

        (b)     if the tree's registration is cancelled after the damage happens—the conservator is satisfied on reasonable grounds that the cancellation is reasonably attributable to the damage caused by the conduct.

    (2)     The conservator may declare the following areas to be a declared site (a site declaration ):

        (a)     for a registered tree—the protection zone for the tree;

        (b)     if the tree's registration is cancelled—the area that was the protection zone for the tree immediately before the registration was cancelled.

    (3)     A site declaration is a notifiable instrument.

    (4)     Also, the conservator—

        (a)     must give written notice of the site declaration to—

              (i)     the lessee of the land where the tree is located; and

              (ii)     the territory planning authority; and

        (b)     may give written notice of the site declaration to anyone else the conservator considers appropriate.

    (5)     A site declaration has effect for—

        (a)     at least 5 years; or

        (b)     if a longer period is stated in the declaration—the longer period.