Australian Capital Territory Consolidated Acts

TREE PROTECTION ACT 2005 - SECT 56

    (1)     Before considering a proposal for the cancellation of the registration of a tree, the conservator must give written notice of the proposed cancellation to—

        (a)     the person who proposed the cancellation; and

        (b)     the lessee of, or land management agency for, the land where the tree is located; and

        (c)     if the tree is on leased land—the lessee of, or land management agency for, land that—

              (i)     adjoins the land where the tree is located; and

              (ii)     is within 50m of the tree; and

        (d)     if the tree register indicates that the tree has heritage significance—the heritage council.

    (2)     However, the conservator need not give more than 1 notice to a particular person.

    (3)     The conservator may give written notice of the proposed cancellation to anyone else the conservator considers appropriate.

    (4)     The conservator must also publish notice of the proposed cancellation in a daily newspaper.

    (5)     A notice under this section must include—

        (a)     an indication of whether the conservator considers that the proposed cancellation may satisfy the cancellation criteria; and

        (b)     if the conservator considers there may be grounds for making a declaration under section 61 in relation to the cancellation—an indication of that fact; and

        (c)     a statement to the effect that any comments about the proposed cancellation may be given to the conservator by the closing date stated in the notice.

    (6)     The closing date must be at least 21 days after the day the notice is published in a daily newspaper.

    (7)     A notice under this section must not include restricted information.