sec.67Scope of order to override other laws

sec.67 Scope of order to override other laws

If QCAT is satisfied the application before it was made because of a genuine dispute, it may make an order for a person to carry out work on a tree even though— consent is withheld by a local government or a tree-keeper under a vegetation protection order; or a local law requires a consent or authorisation to be given before the work may be carried out; or the work is otherwise restricted or prohibited under a local law. Work carried out under an order made under subsection (1) is lawful despite a local law. Except as provided under subsection (1) , QCAT may not make an order for a person to carry out work on a tree that is prohibited under another Act. In this section— local law includes a by-law under the Economic Development Act 2012 . s 67 amd 2019 No. 11 s 132 (sec.67-ssec.1) If QCAT is satisfied the application before it was made because of a genuine dispute, it may make an order for a person to carry out work on a tree even though— consent is withheld by a local government or a tree-keeper under a vegetation protection order; or a local law requires a consent or authorisation to be given before the work may be carried out; or the work is otherwise restricted or prohibited under a local law. (sec.67-ssec.2) Work carried out under an order made under subsection (1) is lawful despite a local law. (sec.67-ssec.3) Except as provided under subsection (1) , QCAT may not make an order for a person to carry out work on a tree that is prohibited under another Act. (sec.67-ssec.4) In this section— local law includes a by-law under the Economic Development Act 2012 .

• (a) consent is withheld by a local government or a tree-keeper under a vegetation protection order; or
• (b) a local law requires a consent or authorisation to be given before the work may be carried out; or
• (c) the work is otherwise restricted or prohibited under a local law.