72Tree preservation

72 Tree preservation

72 Tree preservation

(1) The Council may, by resolution, make, revoke or amend a tree preservation order.

(2) A tree preservation order, or any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the Bega Valley local government area.

(3) A tree preservation order must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order. It may be made so as to apply to some or all of the land within the area of Bega Valley.

(4) While a tree preservation order is in force, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree covered by the order without development consent.

(5) Subclause (4) does not apply—

(a) if the Council has issued a permit that authorises the activity concerned and the activity is carried out in accordance with any conditions set out in the permit, or

(b) where it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous.

(6) A tree preservation order does not apply to or in respect of—

(a) trees within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(b) action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveyors Act 1929, or

(c) plants declared to be noxious weeds under the Noxious Weeds Act 1993, or

(d) trees within a national park or nature reserve reserved under the National Parks and Wildlife Act 1974.