61BAdvice about effect of tree damaging activity or tree

61B Advice about effect of tree damaging activity or tree management plan (1) This section applies if, after receiving a tree protection notice— (a) the council is satisfied on reasonable grounds that a proposed tree damaging activity would harm a tree, or a tree management plan proposal or application does not adequately protect a tree, that— (i) has heritage significance; or (ii) forms an important part of a place with heritage significance; or (b) a representative Aboriginal organisation is satisfied on reasonable grounds that a proposed tree damaging activity would harm a tree, or a tree management plan proposal or application does not adequately protect a tree, that— (i) is an Aboriginal cultural tree; or (ii) forms an important part of an Aboriginal place.

(2) However, this section does not apply if the notice is about proposed tree damaging activity, or a tree management plan, required for reasons of public safety. (3) The council or representative Aboriginal organisation, as the case requires— (a) may give the decision-maker written advice about the proposed tree-damaging activity, or tree management plan proposal or application, set out in the notice; and (b) if the council or representative Aboriginal organisation decides to give written advice—must give the decision-maker advice— (i) in accordance with section 61C; and (ii) within the period mentioned in— (A) for a proposed tree damaging activity—the Urban Forest Act 2023, section 26; or (B) for a tree management plan proposal or application— that Act, section 83. tree protection notice means a notice given to the council or a representative Aboriginal organisation by— (a) for a proposed tree damaging activity—the decision-maker under the Urban Forest Act 2023, section 25; or (b) for a tree management plan proposal or application— the decision-maker under that Act, section 82.

Tree damaging activity etc Part 10A