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MAGISTRATES COURT (TREE PROTECTION INFRINGEMENT NOTICES) REGULATION 2006 (NO 6 OF 2006)
2006
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
MAGISTRATES COURT (TREE
PROTECTION INFRINGEMENT NOTICES) REGULATION 2006
SUBORDINATE
LAW NO SL2006-6
EXPLANATORY
STATEMENT
Circulated by authority of the
Attorney General
Jon
Stanhope MLA
The Magistrates Court Act 1930 part 3.8 provides a system of
infringement notices for offences against various Acts. The infringement notice
system is intended to provide an alternative to prosecution. The Magistrates
Court (Tree Protection Infringement Notices) Regulation 2006 (the
Regulation) enables infringement notices to be issued for certain offences in
the Tree Protection Act 2005 (the Tree Protection Act).
On 29
March 2005 the Legislative Assembly passed the Tree Protection Act. The
legislation sets out provisions for the protection of trees in the urban area.
The legislation contains provisions for:
§ establishment of a register of trees of high
importance with appropriate levels of protection;
§ establishment of comprehensive tree protection
measures to be applied in areas where urban forest values are at risk of
degradation;
§ approval of tree damaging
activities;
§ approval of groundwork
activities within the tree protection zone of a protected tree;
§ approval of tree management plans;
§ offence and enforcement provisions;
§ ability for the Conservator of Flora and Fauna
(the Conservator) to make directions with regard to tree protection matters;
§ ability for the Conservator to declare
a site as protected following the death of a registered tree; and
§ establishment of a Tree Advisory
Panel.
The objective of the Regulation is to ensure that infringement
notices are in place for offences relating to damaging protected trees as part
of a business, doing prohibited groundwork as part of a business, contravening
tree protection conditions of a Development Application and contravening
conditions of approval. The ability to issue infringement notices for these
offences will encourage compliance with the legislation and will allow immediate
action to be taken against businesses and people who breach the legislation.
This should provide greater protection for protected trees in the ACT.
This section provides that the regulation is the Magistrates Court
(Tree Protection Infringement Notices) Regulation 2006.
This section provides that the regulation commences on the commencement
of the Tree Protection Act.
This section provides that this regulation is to provide for infringement
notices under the Magistrates Court Act 1930, part 3.8 for certain
offences against the Tree Protection Act.
The dictionary at the end of the regulation is part of the
regulation.
This section provides that a note is explanatory and is not part of the
regulation.
This section provides that the administering authority is the chief
executive.
This section provides that the Magistrates Court Act 1930, part
3.8 applies to an offence against a provision of the Tree Protection Act in
schedule 1, column 2.
This provision provides that the penalties payable for an offence in
schedule 1, column 2 for an individual is the amount mentioned in the schedule
and for a corporation is 5 times the amount listed in the schedule. The cost of
serving a reminder notice for an infringement notice offence against the Tree
Protection Act is $34.
This section provides that an infringement notice served on a company
must include the company’s ACN. A company is a company registered under
the Corporations Act.
This section provides that an infringement notice served on a person by
an authorised person must identify the authorised person’s full name or
surname and initials or any unique number given to the authorised person by the
administering authority.
This section provides that a reminder notice served on a person by an
authorised person must identify the authorised person’s full name or
surname and initials or any unique number given to the authorised person by the
administering authority.
This section provides that an authorised person under the Tree Protection
Act (section 85) may serve an infringement notice for an infringement
notice offence and a reminder notice for an infringement notice offence against
the Tree Protection Act.
This schedule outlines the offence penalty units and infringement
penalties for offences under section 16 (5), 18 (4), 20 (3) and 30 (1) of the
Tree Protection Act.
The Dictionary for the regulations.