—(1) An application for an approval to carry out or cause the carrying out of any activity referred to in section 14(1), 18(1) or 19(1) shall be made to the Commissioner in such form and manner as may be prescribed.
(2) An application for an approval to carry out or cause to be carried out any activity referred to in section 14(1) or 18(1) may be made by a person having such estate or interest in the premises on which the tree or plant is growing as would enable him to cut the tree or plant.
(3) The Commissioner may require an applicant to furnish him with such further information or documents as he considers necessary in relation to the application for approval.
(4) The Commissioner may, upon an application by any person for approval to carry out or cause to be carried out any activity referred to in section 14(1), 18(1) or 19(1) —
refuse to grant approval under this section; or
grant approval under this section unconditionally or subject to such conditions as he thinks fit.
(5) The Commissioner may, at any time, by notice in writing revoke any approval granted under this section if he is satisfied —
that any information given in the application for the approval or any document submitted to the Commissioner in respect of the application is false in a material particular; or
that the person has failed to comply with any condition imposed under subsection (4)(b).
(6) In determining whether to grant an approval to cut a tree or plant within a heritage road green buffer, the Commissioner may have regard to the following matters:
the visibility and contribution of the tree or plant in the surrounding landscape or streetscape;
the type and rarity of the species of tree or plant;
the number of trees or plants in the vicinity;
any heritage significance of the tree or plant;
whether the tree or plant may become dangerous or damage property or utility services; and
soil conservation and erosion issues.
[Parks and Trees 1996 Ed., s. 7 (1)]
—(1) Where it appears to the Commissioner that there has been a contravention of section 18(1) or (2) or 19(1), he may serve a reinstatement notice on all or any of the following persons:
(2) A reinstatement notice under subsection (1) shall require the person upon whom it is served to remedy (wholly or in part) the contravention or to remedy any injury or damage to the heritage road green buffer caused by that contravention and may, in particular, require that person —
to cease or refrain from, either wholly or to the extent specified in the notice, any activity on the premises concerned;
to alter, demolish or remove any property or material from the premises concerned, or any structure, object, fence, retaining wall, foundation, manhole, pipe, cable, mains or any obstruction or structure (whether temporary or permanent) he has erected or caused to be erected thereon in contravention of section 19(1);
to restore any part of the heritage road green buffer to its former state or, if such restoration is not reasonably practicable or is undesirable, to execute such works as the Commissioner may specify in the notice to alleviate the effect of the contravention of section 18(1) or (2) or 19(1), as the case may be, including planting such trees or plants and taking measures for their maintenance; or
(3) A reinstatement notice under this section shall specify the date on which it is to take effect and the period (which shall run from the date the reinstatement notice takes effect) within which any step required by the notice shall be taken.