Australian Capital Territory Consolidated Acts

TREE PROTECTION ACT 2005 - SECT 61

    (1)     This section applies if—

        (a)     a registered tree is damaged by conduct other than conduct mentioned in section 19 (1); and

        (b)     the registration of the tree is cancelled; and

        (c)     the conservator is satisfied, on reasonable grounds, that the cancellation is reasonably attributable to the damage caused by the conduct.

    (2)     The conservator may, in writing, declare the area that was the protection zone for the tree immediately before the registration was cancelled to be a declared site.

    (3)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (4)     Also—

        (a)     the conservator must give written notice of the declaration to—

              (i)     the lessee of the land where the tree is located; and

              (ii)     the planning and land authority; and

        (b)     the conservator may give written notice of the declaration to anyone else the conservator considers appropriate.

    (5)     Unless sooner revoked, a declaration has effect for 5 years from the day it is made.