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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION OF ACT

Part III NATIONAL PARKS AND NATURE RESERVES

Part IV PROTECTION AND CONSERVATION OF TREES AND PLANTS

Division 1 — Tree conservation areas

Division 2 — Heritage road green buffers

Division 3 — Approvals, reinstatement notices and evidence

Part V PLANTING AREAS, PUBLIC OPEN SPACES AND GREEN VERGES

Division 1 — Planting areas and streetscapes

Division 2 — Open spaces set aside as public parks

Division 3 — Green verges

Division 4 — Specifications and approvals

Part VI PREVENTION OF DANGERS

Part VII POWERS OF ENFORCEMENT

Part VIII OFFENCES, PENALTIES AND PROCEEDINGS

Part IX GENERAL

THE SCHEDULE Areas Designated As National Parks and Nature Reserves

Legislative Source Key

Legislative History

Comparative Table

 
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On 19/05/2013, you requested for the version in force on 19/05/2013 incorporating all amendments published on or before 19/05/2013. The closest version currently available is that of 02/01/2011.
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No cutting or damaging of tree having girth of more than one metre
14.
—(1)  Subject to subsection (6), no person shall, except with the approval of the Commissioner under section 20 and in accordance with the terms and conditions of such approval, cut any tree with a girth exceeding one metre growing on —
(a)
any tree conservation area; or
(b)
any vacant land (whether within or outside a tree conservation area).
(2)  Any person who contravenes subsection (1) or damages any tree referred to in that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
(3)  In determining the amount of fine to be imposed on a person convicted of an offence under subsection (2), the court shall, in particular, have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(4)  For the purposes of this section, the girth of a tree shall be measured half a metre from the ground.
(5)  Where in any proceedings for an offence under this section, a question arises as to whether the girth of a tree measured half a metre from the ground exceeds or does not exceed one metre, a certificate purporting to be signed by the Commissioner or an authorised officer certifying the girth of the tree shall be admissible as prima facie evidence of the matters stated therein and of the signature of the Commissioner or authorised officer, as the case may be.
(6)  No approval referred to in subsection (1) shall be required where the condition of the tree constitutes an immediate threat to life or property.
[Parks and Trees 1996 Ed., s. 5 (2) to (4)]