54Tree preservation order

54 Tree preservation order

54 Tree preservation order

(1) Objective

• to enable the protection of vegetation for reasons of amenity or ecology.

(2) The Council may, by resolution, make, revoke or amend a tree preservation order.

(3) A tree preservation order may—

(a) prohibit the ringbarking, cutting down, topping, lopping, removing or wilful destruction of any tree or trees to which the order applies without development consent, and

(b) relate to any tree or trees or to any specified class, type or description of tree on any land, with the exception of trees—

(i) in a State forest or a forest reserve within the meaning of the Forestry Act 1916, or

(ii) in a national park within the meaning of the National Parks and Wildlife Act 1974, or

(iii) required to be lopped for overhead electricity line safety.

(4) Any consent required by such an order is taken to be required by this clause.

(5) A tree preservation order, and any revocation or amendment of it, does not have effect until it has been published in a newspaper circulating in the area of Tweed.

(6) A tree preservation order made and in force immediately before the appointed day under any instrument that applied to land to which this plan applies shall be deemed to be a tree preservation order made and published by the Council under this clause and may be revoked or amended by the Council in accordance with this clause.