52Tree preservation

52 Tree preservation

52 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 local government area of Byron.

(3) A tree preservation order must specify the trees and any other vegetation covered by the order. Trees and vegetation may be specified by reference to their types, species, sizes, locations or any other criteria.

(4) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation covered by a tree preservation order without development consent.

(5) Subclause (4) does not apply if—

(a) the Council has confirmed in writing that it is satisfied that the tree or other vegetation is dying or dead or has become dangerous, or

(b) the action taken with respect to the tree or other vegetation was authorised or required by or under any Act.

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

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

(b) plants declared to be noxious weeds under the Noxious Weeds Act 1993.

(7) Until a tree preservation order is made and takes effect under this clause—

(a) a reference in this clause to the trees or other vegetation covered by a tree preservation order is a reference to the trees and other vegetation to which the Tree Preservation Order made by resolution of the Council on 20 August 1996 applied, and

(b) subclause (4) does not require development consent for anything excepted by that Order from the requirement made in that Order to obtain consent.

cl 52: Ins 22.3.2002.