47Tree preservation

47 Tree preservation

47 Tree preservation

(1) Where it appears to the council that it is expedient for the purpose of securing amenity, of preserving existing amenity or of protecting the natural environment, it may, for that purpose and by resolution, make an order (a tree preservation order) and may, by like resolution, rescind or vary any such order.

(2) A tree preservation order may prohibit the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removing, placement of soil within the root zone, injuring or wilful destruction of any tree or trees specified in the order except with the consent of the council and any such consent may be given subject to such conditions as the council thinks fit.

(3) A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the local government area of the City of Blue Mountains or any divisions of the area.

(4) The council must, as soon as practicable after the making of a tree preservation order, cause notice of the making of the order to be published in the Gazette and in a newspaper circulating in the locality in which the land described in the order is situated.

(5) A person who contravenes or causes or permits to be contravened a tree preservation order after it has been published in the Gazette is guilty of an offence.

(6) It is a sufficient defence to proceedings under this clause relating to the ring-barking, cutting down, topping, lopping, pruning, root-pruning, removal, placement of soil within the root zone, injury or wilful destruction of a tree to prove—

(a) that the tree was dead and that tree was not a “likely habitat tree” within the meaning of this clause, or

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

(c) that taking the action 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.

(7) For the purposes of this clause, likely habitat tree means any tree naturally occurring (being native vegetation or remnant native vegetation) which has developed hollows in the trunks or limbs, and which is suitable for nesting birds, arboreal marsupials (such as possums) or native placental mammals (such as bats) or which is supporting the growth of locally indigenous or endemic epiphytic plants (such as orchids).