76Preservation of trees or vegetation

76 Preservation of trees or vegetation

76 Preservation of trees or vegetation

(1) The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

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

Note—

A development control plan may prescribe the trees or other vegetation to which this clause 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 Council.

(4) The refusal by the 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 Council to grant consent for the carrying out of the activity for which a permit was sought.

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

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

(7) A permit under this clause 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 (within the meaning of clause 77 (10)), or

(b) that is within an Aboriginal place of heritage significance,

unless the Council is satisfied that the proposed activity—

(c) is of a minor nature or is for the maintenance of the heritage item or Aboriginal place of heritage significance, and

(d) would not adversely affect the heritage significance of the heritage item or Aboriginal place of heritage significance.

Note—

As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 77 will be applicable to any such consent.