Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(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 prohibited groundwork in—
(i) the protection zone for a protected tree; or
(ii) a declared site; and
(b) the person is reckless about whether the groundwork is prohibited groundwork in—
(i) the protection zone for a protected tree; or
(ii) a declared site.
Maximum penalty: 200 penalty units.
(3) The person commits an offence if—
(a) the person does prohibited groundwork in—
(i) the protection zone for a protected tree; or
(ii) a declared site; and
(b) the person is negligent about whether the groundwork is prohibited groundwork in—
(i) the protection zone for a protected tree; or
(ii) a declared site.
Maximum penalty: 100 penalty units.
(4) The person commits an offence if the person does prohibited groundwork in—
(a) the protection zone for a protected tree; or
(b) a declared site.
Maximum penalty: 50 penalty units.
(5) For subsections (2) and (3), strict liability applies to the circumstances that—
(a) the tree is a protected tree; and
(b) the groundwork is done in—
(i) the protection zone for the tree; or
(ii) a declared site.
(6) An offence against subsection (4) is a strict liability offence.