Australian Capital Territory Current Acts

URBAN FOREST ACT 2023 - SECT 96

    (1)     This section applies if—

        (a)     a tree bond agreement has ended; and

        (b)     an authorised person has inspected the tree; and

        (c)     the decision-maker is satisfied on reasonable grounds that—

              (i)     the tree—

    (A)     is not in good health; or

    (B)     has been damaged; and

              (ii)     the tree's ill health or damage was likely caused by a failure of the person to comply with the tree bond agreement; or

              (iii)     the person under the tree bond agreement has engaged in conduct that contravenes the tree bond agreement.

    (2)     The decision-maker may do either or both of the following:

        (a)     ask the person to do something to restore the tree;

        (b)     refuse to refund part or all of the amount of the tree bond to the person.

    (3)     If the decision-maker asks the person to do something to restore the tree and the person fails to satisfactorily do the thing, the decision-maker may refuse to refund all or part of the total amount of the tree bond to the person.