Australian Capital Territory Consolidated Acts

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TREE PROTECTION ACT 2005 - SECT 58

Decision on cancellation of registration etc

    (1)     Within 6 months after the day the conservator publishes the notice mentioned in section 56 (4), the conservator must decide whether to cancel the registration of the tree.

    (2)     In deciding whether to cancel the registration of the tree (and whether to make a declaration under section 61 in relation to the cancellation), the conservator must have regard to—

        (a)     any advice on the proposed cancellation or declaration given to the conservator by the advisory panel or the heritage council; and

        (b)     any comments received on the proposed cancellation or declaration on or before the closing date stated in the notice under section 56.

Note     A decision under this section is a reviewable decision (see s 104, def  reviewable decision ).

    (3)     The conservator may cancel the registration of the tree only if the conservator considers the cancellation satisfies the cancellation criteria.



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