31Preservation of trees or vegetation

31 Preservation of trees or vegetation

31 Preservation of trees or vegetation

(1) The objective of this section is to preserve the amenity of the area through the preservation of trees and other vegetation.

(2) This section applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this section by a development control plan made by the relevant council.

Note.

A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.

(3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—

(a) development consent, or

(b) a permit granted by the relevant council.

(4) The refusal by the relevant council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the relevant council to grant consent for the carrying out of the activity for which a permit was sought.

(5) This section does not apply to a tree or other vegetation that the relevant council is satisfied is dying or dead and is not required as the habitat of native fauna.

(6) This section does not apply to a tree or other vegetation that the relevant council is satisfied is a risk to human life or property.

(7) A permit under this section cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation—

(a) that is or forms part of a heritage item, or

(b) that is within a heritage conservation area.

Note.

As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 33 will be applicable to any such consent.

(8) This section does not apply to or in respect of—

(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or