54Preservation of trees

54 Preservation of trees

54 Preservation of trees

(1) Notwithstanding clause 32 (Land use matrix), development consent is not required if a person cuts down, tops, lops, prunes, removes, injures or wilfully destroys any tree in accordance with—

(a) a written permission (permit) granted by Council, which may be given subject to such conditions as the Council considers necessary, or

(b) an exception specified in subclause (2), or

(c) the requirements for pruning in subclauses (4) and (5), or

(d) the requirements for transplanting in subclause (6).

(2) Exceptions Subject to subclause (3), development consent or a permit referred to in subclause (1) (a) is not required in relation to—

(a) any tree, if documented evidence can be produced that is satisfactory to the Council to prove that—

(i) the tree was dead and was not a likely habitat tree specified in an order made under subclause (7), or

(ii) the tree posed an imminent danger to property or life, or

(iii) taking the action concerned with respect to the tree was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree was situated, or

(b) the removal of a tree where that removal is essential for emergency access or emergency works authorised by the Council, the State Emergency Service or any public authority, or

(c) the removal of trees in association with the construction or use of a building or work for which development consent has been granted, including the ongoing maintenance of fuel load limits within identified and approved asset protection zones, but only in accordance with the terms and conditions of that consent, or

(d) any tree with a height less than 4 metres and with a foliage crown spread of less than 4 metres, but only if the tree is not native vegetation within bushland, or

(e) trees of any of the following species, but only if documented evidence can be produced that is satisfactory to the Council to prove that the individual specimens concerned are less than 10.0 metres in height—