HERITAGE ACT 2004 - SECT 61B Advice about effect of tree damaging activity or tree management
HERITAGE ACT 2004 - SECT 61B
Advice about effect of tree damaging activity or tree management plan(1) This section applies if, after receiving a tree protection notice—
(a) the council is satisfied on reasonable grounds that a proposed tree damaging activity would harm a tree, or a tree management plan proposal or application does not adequately protect a tree, that—
(i) has heritage significance; or
(ii) forms an important part of a place with heritage significance; or
(b) a representative Aboriginal organisation is satisfied on reasonable grounds that a proposed tree damaging activity would harm a tree, or a tree management plan proposal or application does not adequately protect a tree, that—
(i) is an Aboriginal cultural tree; or
(ii) forms an important part of an Aboriginal place.
(2) However, this section does not apply if the notice is about proposed tree damaging activity, or a tree management plan, required for reasons of public safety.
(3) The council or representative Aboriginal organisation, as the case requires—
(a) may give the decision-maker written advice about the proposed tree-damaging activity, or tree management plan proposal or application, set out in the notice; and
(b) if the council or representative Aboriginal organisation decides to give written advice—must give the decision-maker advice—
(i) in accordance with section 61C; and
(ii) within the period mentioned in—
(A) for a proposed tree damaging activity—the Urban Forest Act 2023
, section 26; or
(B) for a tree management plan proposal or application—that Act
(4) In this section:
"tree protection notice" means a notice given to the council or a representative Aboriginal organisation by—
(a) for a proposed tree damaging activity—the decision-maker under the Urban Forest Act 2023
, section 25; or
(b) for a tree management plan proposal or application—the decision-maker under that Act