Australian Capital Territory Consolidated Acts

TREE PROTECTION ACT 2005 - SECT 14

In this Act:

"prohibited groundwork"—

        (a)     in relation to the protection zone for a protected tree—a person does prohibited groundwork in the protection zone if the person—

              (i)     contaminates the soil in the protection zone with something that is poisonous to trees; or

              (ii)     cuts any of the tree's roots in the protection zone that have a diameter greater than 50mm; or

              (iii)     does either of the following in the protection zone, other than in cultivating the soil for horticultural purposes:

    (A)     excavates to a depth greater than 10cm over an area 4m ² or larger;

    (B)     raises the soil level by more than 10cm above the natural soil level over an area 4m ² or larger; or

              (iv)     does anything else prescribed by regulation for this paragraph; and

        (b)     in relation to a declared site—a person does prohibited groundwork in the declared site if the person—

              (i)     does either of the following in the declared site, other than in cultivating the soil for horticultural purposes:

    (A)     excavates to a depth greater than 10cm over an area 4m ² or larger;

    (B)     raises the soil level by more than 10cm above the natural soil level over an area 4m ² or larger; or

              (ii)     does anything else prescribed by regulation for this paragraph.

Examples for par (a) (iii) and (b) (i) of cultivation for horticultural purposes

1     preparing garden beds for planting

2     planting trees and shrubs

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).