14Tree preservation orders

14 Tree preservation orders

14 Tree preservation orders

(1) The council may, by resolution, make a tree preservation order.

(2) A tree preservation order may prohibit the ringbarking, cutting down, topping, lopping, removal, injuring or destroying of trees without the consent of the council.

(3) A tree preservation order comes into force on the day a notice stating that the order has been made is first published in a newspaper circulating at least once weekly in the City of Hurstville.

(4) A tree preservation order, and the notice referred to in subclause (3), must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order.

(5) Where a tree preservation order is in force a person must not ringbark, cut down, top, lop, remove, injure or destroy any tree covered by the order without the consent of the council.

(6) Subclause (5) does not apply where it can be demonstrated to the satisfaction of the council that the tree is dying, dead or has become dangerous.

(7) When considering an application for a consent referred to in subclause (5) the council must make an assessment of the importance of the tree or trees in relation to—

(a) soil stability and prevention of land degradation,

(b) scenic or environmental amenity, and

(c) vegetation systems and natural wildlife habitats.

(8) This clause does not apply to any trees that are required to be trimmed in accordance with clause 23 of the Electricity (Overhead Line Safety) Regulation 1991.