Australian Capital Territory 
Tree Protection (Criteria for Tree Protection Directions) Determination 2006 (No 1)
Notifiable instrument NI2006—268
made under the 
Tree Protection Act 2005 , s75 (Tree Protection Directions)

Arial 12pt, bold

1	Name of instrument
This instrument is the Tree Protection (Criteria for Tree Protection Directions) Determination 2006 (No 1).
2	Commencement 
This instrument commences on the day after notification.
3	Determination
I determine that the criteria for tree protection directions are as set out in Schedule 1.

Mr Hamish McNulty
Conservator of Flora and Fauna
21 July 2006 

Schedule 1
Criteria for Tree Protection Directions for the purposes of the Tree Protection Act 2005.
1	Criteria for Making a Tree Protection Direction
The Conservator of Flora and Fauna (the Conservator) may make a tree protection direction if satisfied that:
(a)	an activity is occurring that is causing or may cause damage to a protected tree or a tree that is being considered for provisional registration;
(b)	a failure to undertake an activity or to prevent an activity from occurring may result in damage to a protected tree or a tree that is being considered for provisional registration; or
(c)	remedial treatment or treatments are required to address damage to a protected tree.
2	Examples of directions that may be made under paragraph 1
Examples of tree protection directions that the Conservator may make include:
(a)	To stop work or other activity on a site in order to prevent damage to a protected tree or a tree that is being considered for provisional registration;
(b)	To stop work in order to protect a protected tree where an activity or activities have occurred that is causing damage to the tree and ongoing activity may result in further damage;
(c)	To direct that fences be erected and maintained to prevent damage to a protected tree;
(d)	To direct that a site be drained where flooding is likely to cause damage to a protected tree; or
(e)	To direct that pruning is undertaken to address damage to a protected tree.
The list of examples set out in paragraph 2 does not limit the circumstances in which a direction may be made.