Australian Capital Territory Numbered Acts

TREE PROTECTION ACT 2005 (NO. 51 OF 2005)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Objects of Act  
   4.      Dictionary  
   5.      Notes  
   6.      Offences against Act—application of Criminal Code etc  
   7.      Application of Act—built-up urban areas  

   PART 2--IMPORTANT TERMS

   8.      Protected trees  
   9.      Registered trees  
   10.     Regulated trees and tree management precincts  
   11.     Protection zone for protected tree  

   PART 3--PROTECTION OF TREES

           Division 3.1--Definitions

   12.     Meaning of damage  
   13.     Meaning of major pruning  
   14.     Meaning of prohibited groundwork  

           Division 3.2--Prohibited activities

   15.     Damaging protected trees—general  
   16.     Damaging protected trees—work done as part of a business  
   17.     Doing prohibited groundwork—general  
   18.     Doing prohibited groundwork—work done as part of a business  
   19.     Exceptions—tree damaging and prohibited groundwork offences  
   20.     Contravening tree protection conditions of development approval  

           Division 3.3--Approved activities

   21.     Criteria for approval  
   22.     Application for approval of tree damaging etc activity  
   23.     Further information for approval application  
   24.     Advisory panel advice on approval application  
   25.     Decision on approval application  
   26.     Notice of decision on approval application  
   27.     Operation of approval  
   28.     Cancellation of approval  
   29.     Approval in urgent circumstances or for minor works  
   30.     Contravening conditions of approval  

   PART 4--TREE MANAGEMENT PLANS

   31.     Guidelines for tree management plans  
   32.     Proposal or application for approval of tree management plan  
   33.     Further information for tree management plan application  
   34.     Advisory panel advice on proposed tree management plan  
   35.     Decision on tree management plan  
   36.     Notice of decision on tree management plan  
   37.     Operation of tree management plan  

   PART 5--TREE MANAGEMENT PRECINCTS

   38.     Criteria for tree management precincts  
   39.     Tree management precinct declaration  

   PART 6--TREE REGISTER

   40.     Meaning of registered tree for pt 6  
   41.     Tree register  
   42.     Correction of tree register  
   43.     Inspection of tree register  
   44.     Restricted information in tree register  

   PART 7--REGISTRATION OF TREES

           Division 7.1--Criteria for registration and cancellation

   45.     Criteria for registration and cancellation of registration  

           Division 7.2--Registration process

   46.     Nomination for registration  
   47.     Decision on provisional registration  
   48.     Provisional registration  
   49.     Notice of decision on provisional registration  
   50.     Consultation on proposed registration  
   51.     Period of provisional registration  
   52.     Decision on registration  
   53.     Notice of decision on registration  
   54.     Registration  

           Division 7.3--Cancellation of registration

   55.     Proposal for cancellation of registration  
   56.     Notice of proposed cancellation of registration  
   57.     Consultation on proposed cancellation of registration  
   58.     Decision on cancellation of registration etc  
   59.     Notice of decision on cancellation of registration  
   60.     Cancellation of registration  
   61.     Site declarations  

   PART 8--RESTRICTED INFORMATION

   62.     Application of pt 8  
   63.     Restricted non-Aboriginal information  
   64.     Restricted Aboriginal information  
   65.     Restricted information not to be published without approval  
   66.     Approval to publish restricted information  
   67.     Limited access to restricted information  

   PART 9--TREE ADVISORY PANEL

   68.     Establishment of advisory panel  
   69.     Members of advisory panel  
   70.     Functions of advisory panel  
   71.     Ending appointment—advisory panel members  
   72.     Disclosure of interests—advisory panel members  
   73.     Advisory panel's procedures etc  
   74.     Delegation by advisory panel  

   PART 10--TREE PROTECTION DIRECTIONS

   75.     Criteria for tree protection directions  
   76.     Conservator may give tree protection directions  
   77.     Service of tree protection direction  
   78.     Contravention of tree protection direction—offence  
   79.     Contravention of tree protection direction—action by authorised  

   PART 11--LAND DEVELOPMENT APPLICATIONS

   80.     Meaning of development for pt 11  
   81.     Simplified outline  
   82.     Advice about tree protection on land subject to development  
   83.     Requirements for conservator's advice about tree protection  

   PART 12--ENFORCEMENT

           Division 12.1--General

   84.     Definitions for pt 12  

           Division 12.2--Authorised people

   85.     Appointment of authorised people  
   86.     Identity cards  

           Division 12.3--Powers of authorised people

   87.     Power to enter premises  
   88.     Production of identity card  
   89.     Consent to entry  
   90.     General powers on entry to premises  
   91.     Power to require name and address  
   92.     Power to seize things  

           Division 12.4--Search warrants

   93.     Warrants generally  
   94.     Warrants—application made other than in person  
   95.     Search warrants—announcement before entry  
   96.     Details of search warrant to be given to occupier etc  
   97.     Occupier entitled to be present during search etc  

           Division 12.5--Return and forfeiture of things seized

   98.     Receipt for things seized  
   99.     Moving things to another place for examination or processing under search  
   100.    Access to things seized  
   101.    Return of things seized  

           Division 12.6--Miscellaneous

   102.    Damage etc to be minimised  
   103.    Compensation for exercise of enforcement powers  

   PART 13--REVIEW OF DECISIONS

   104.    Notice of decisions that can be reconsidered or reviewed  
   105.    Application for reconsideration of certain decisions  
   106.    Reconsideration of decisions  
   107.    Review of decisions by AAT  

   PART 14--MISCELLANEOUS

   108.    Criminal liability of executive officers  
   109.    Determination of fees  
   110.    Approved forms  
   111.    Delegation of conservator's functions  
   112.    Incorporation of documents  
   113.    Inspection of incorporated documents  
   114.    Notification of certain incorporated documents  
   115.    Regulation-making power  

   PART 15--TRANSITIONAL

   116.    Definitions for pt 15  
   117.    Legislation repealed  
   118.    Heritage trees  
   119.    Interim tree management precincts  
   120.    Approved activities  
   121.    Transitional regulations  
   122.     Legislation amended—sch 1  
   123.    Expiry of pt 15  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES