145Offence—damage native tree—leased land

145 Offence—damage native tree—leased land (a) the person damages a tree; and (b) the tree is— (i) a native tree; and (ii) on leased land outside a built-up urban area. Note Built-up urban area—see s 139. Damage, a tree includes fell the tree—see s 139. Native tree—see s 139.

(a) the tree was planted by an occupier of the land and damaged by an occupier of the land; or (b) the tree was damaged by an occupier of the land with the intention of using it on the land for a purpose other than sale; or Note Sell includes offer for sale (see s 126). (c) the person has a reasonable excuse; or (d) the person is authorised to engage in the conduct constituting the offence under a development approval under the Planning Act 2023, chapter 7; or (e) an exception under the Urban Forest Act 2023, section 18