Australian Capital Territory Consolidated Acts

TREE PROTECTION ACT 2005 - SECT 16

    (1)     This section applies to a person who is doing work as part of a business involved in—

        (a)     property development or maintenance; or

        (b)     any other activity in relation to land that may affect trees on the land.

Examples of activities for par (b)

tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture

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).

    (2)     The person commits an offence if—

        (a)     the person does something that damages a protected tree; and

        (b)     the person is reckless about whether doing the thing would damage the protected tree.

Maximum penalty: 400 penalty units.

    (3)     The person commits an offence if the person does something and is reckless about whether doing the thing would damage a protected tree.

Maximum penalty: 200 penalty units.

    (4)     The person commits an offence if—

        (a)     the person does something that damages a protected tree; and

        (b)     the person is negligent about whether doing the thing would damage the protected tree.

Maximum penalty: 100 penalty units.

    (5)     The person commits an offence if the person does something that damages, or is likely to damage, a protected tree.

Maximum penalty: 50 penalty units.

    (6)     For subsections (2), (3) and (4), strict liability applies to the circumstance that the tree is a protected tree.

    (7)     An offence against subsection (5) is a strict liability offence.