Australian Capital Territory Consolidated Acts

TREE PROTECTION ACT 2005 - SECT 20

    (1)     This section applies if—

        (a)     the conservator gives advice under section 82 in relation to a development; and

        (b)     the development has development approval; and

        (c)     the approval is subject to a condition (a tree protection condition ) requiring a person to do or not do something in relation to—

              (i)     a protected tree; or

              (ii)     the protection zone for a protected tree; or

              (iii)     a declared site.

Example of tree protection condition for par (c)

A condition that the applicant comply with tree protection requirements of a tree management plan.

    (2)     A person commits an offence if the person contravenes a tree protection condition of the development approval.

Maximum penalty: 50 penalty units.

    (3)     A person commits an offence if—

        (a)     the person engages in conduct that contravenes a tree protection condition of the development approval; and

        (b)     the person engages in the conduct in doing work as part of a business involved in—

              (i)     property development or maintenance; or

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

Maximum penalty: 50 penalty units.

Examples of activities for par (b) (ii)

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).

    (4)     An offence against subsection (3) is a strict liability offence.

    (5)     In this section:

"engage in conduct" means—

        (a)     do an act; or

        (b)     omit to do an act.