Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a person does not comply with a tree protection direction requiring the person to do something in relation to a tree.
(2) An authorised person, or anyone else authorised by the conservator for this section, may enter the land where the tree is located and—
(a) do the thing stated in the direction; or
(b) do or finish any work stated in the direction.
(3) The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given.
(4) The conservator must give the lessee of the land where the tree is located written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin.
(5) The conservator may give written notice of the proposed action to anyone else the conservator considers appropriate.
(6) The notice must include the following:
(a) a statement about the operation of this section;
(b) the purpose and nature of the proposed action;
(c) the time or times when the action is proposed to be taken;
(d) a statement about the obligations of the authorised person and the Territory under subsection (8).
(7) A person may waive the right to all or part of the minimum period of notice under subsection (4).
(8) Section 102 (Damage etc to be minimised) and section 103 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if—
(a) it were the exercise of a function under part 12 (Enforcement) by an authorised person or a person assisting an authorised person; and
(b) any changes prescribed by
regulation, and all other necessary changes, were made.