Australian Capital Territory Consolidated Acts

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TREE PROTECTION ACT 2005 - SECT 81

Simplified outline

The following notes provide a simplified outline of this part and the Planning and Development Act 2007 , chapter 7 (Development approvals):

Note 1     Conservator to be given copy of development application

The planning and land authority may be required to give the conservator a copy of each development application for a development proposal in the merit or impact track (see Planning and Development Act 2007 , s 148). This requirement would not apply to a development application for a development proposal in the code track (see Planning and Development Act 2007 , s 117 (c)).

Note 2     Conservator to give advice on application

    The conservator gives advice to the planning and land authority in relation to tree protection and the development (see s 82 and s 83) (see also Planning and Development Act 2007 , s 149, s 150 and s 151).

Note 3     Conservator's advice to be considered

    The conservator's advice is to be considered by the planning and land authority (or the Minister) in approving or refusing to approve a development application (see Planning and Development Act 2007 , s 119 (2), s 120 (d), s 128 (2) and s 129 (e)).

Note 4     Approvals

A development approval that is inconsistent with the conservator's advice in relation to a registered tree must not be given. A development approval that is inconsistent with the conservator's advice in relation to a regulated tree may be given only in the circumstances prescribed in the Planning and Development Act 2007 , s 119 (2) and s 128 (1) (b) (iii).



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