NATURE CONSERVATION ACT 2014 - SECT 144 Offence—damage native tree—unleased land

NATURE CONSERVATION ACT 2014 - SECT 144

    (1)     A person commits an offence if—

        (a)     the person damages a tree; and

        (b)     the tree is—

              (i)     a native tree; and

              (ii)     on unleased land.

Maximum penalty: 400 penalty units.

Note     Damage , a tree includes fell the tree—see  s 139.

Native tree —see  s 139.

    (2)     This section does not apply to a person if—

        (a)     the person is a public servant exercising a function as a public servant; or

        (b)     the person is authorised to engage in the conduct constituting the offence under a development approval under the Planning Act 2023

, chapter 7; or

        (c)     an exception under the Urban Forest Act 2023

, section 18 (Exceptions—tree damaging and prohibited groundwork offences) applies.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     A person also has the benefit of the chapter 6 exceptions for an offence against this section.

Note     The chapter 6 exceptions are set out in s 153.

    (4)     In addition to the penalty that may be imposed for an offence against this section, the court may order the defendant to—

        (a)     make good the damage incurred; or

        (b)     pay the Territory the cost of making good the damage.

    (5)     The Territory may enforce an order made under subsection (4) as if it were a judgment of the Magistrates Court in a civil proceeding.