Australian Capital Territory
Tree Protection Amendment Act 2017
A2017-37

An Act to amend the Tree Protection Act 2005

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Tree Protection Amendment Act 2017.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Tree Protection Act 2005.
4	New division 7.4
insert
Division 7.4	Death of tree from natural causes
61A	Application—div 7.4
This division applies if the conservator is satisfied, on reasonable grounds, that a registered tree has died of natural causes.
61B	Cancellation of registration of dead tree
	(1)	The conservator may cancel the registration of the tree.
	(2)	Division 7.3 does not apply to the cancellation.
61C	Notice of cancellation of registration of dead tree
	(1)	The conservator must give written notice of a decision under section 61B to—
	(a)	the lessee of, or land management agency for, the land where the tree is located; and
	(b)	if the tree is on leased land—the lessee of, or land management agency for, land that—
	(i)	adjoins the land where the tree is located; and
	(ii)	is within 50m of the tree.
	(2)	However, the conservator need not give more than 1 notice to a particular person.
	(3)	The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
	(4)	The conservator must also give public notice of the decision.
Note	Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
	(5)	A notice under this section must not include restricted information.
61D	Cancellation of registration of dead tree—tree register
	(1)	This section applies if the conservator cancels the registration of a tree under section 61B.
	(2)	The conservator must remove the entry about the tree from the tree register.
5	Reviewable decisions
Schedule 1, part 1.2, items 1 and 2
substitute
1	52	approve, or refuse to approve, registration of tree	person given written notice, under section 53 (1) (a), (b), (c) or (e), of registration decision	
2	58	cancel, or refuse to cancel, registration of tree	person given written notice, under section 59 (1) (a), (b), (c) or (e), of decision to cancel, or refuse to cancel, registration	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 24 August 2017.
2	Notification
	Notified under the Legislation Act on 9 November 2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Tree Protection Amendment Bill 2017, which was passed by the Legislative Assembly on 31 October 2017. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2017