(1) This Act applies only to trees situated on the following land:
(a) any land within a zone designated "residential", "rural-residential",
"village", "township", "industrial" or "business" under an environmental
planning instrument (within the meaning of the
Environmental Planning and Assessment Act 1979 ) or, having regard to the
purpose of the zone, having the substantial character of a zone so designated,
(b) any land of a kind prescribed by the regulations for the purposes of this
section.
(a) any land that
is vested in, or managed by, a council, or
(b) any land of a kind prescribed
by the regulations.
(3) For the purposes of this Act, a tree is situated on
land if the tree is situated wholly or principally on the land.
(4) Without
limiting subsection (3), a tree that is removed following damage or injury
that gave rise to an application under Part 2 is still taken to be situated on
land for the purposes of the application if the tree was situated wholly or
principally on the land immediately before the damage or injury occurred.
