HERITAGE ACT 2004 - SECT 61D Effect of advice about tree damaging activity or tree management

HERITAGE ACT 2004 - SECT 61D

    (1)     This section applies if—

        (a)     the council, or a representative Aboriginal organisation, gives advice to the decision-maker under section 61B (3) in relation to a proposed tree damaging activity or tree management plan proposal or application; and

        (b)     the decision-maker makes a decision under the Urban Forest Act 2023

in relation to the proposed activity, or plan proposal or application that is substantially consistent with the advice of the entity.

    (2)     The entity that provided the advice must act consistently with the advice given to the decision-maker in any activity undertaken, further advice given or decision made, by the entity in relation to a tree that is the subject of the proposed tree damaging activity or tree management plan proposal or application, unless—

        (a)     further information comes to the entity's attention which was not available to the entity when it gave the advice; and

        (b)     the further information is relevant to the advice; and

        (c)     the entity would have given different advice if the entity had the further information before giving the advice.

    (3)     However, for subsection (2), a reference to further information does not include information that—

        (a)     was not required to be provided under the Urban Forest Act 2023

for the decision-maker to make a decision about a tree damaging activity or tree management plan under that Act; and

        (b)     is substantially the same as information available to the entity at the time the entity gave the advice.