109Offences—contravene tree protection condition of

109 Offences—contravene tree protection condition of development approval (a) the conservator gives advice under section 107 in relation to a development; and (b) the development has development approval; and

Part 6 Development applications—conservator’s advice (c) the approval is subject to a condition (a tree protection condition) requiring a person to do or not do something in relation to— (i) a protected tree; or (ii) the protection zone for a protected tree; or (iii) a declared site. Example—par (c)—tree protection condition a condition that the applicant comply with tree protection requirements of a tree management plan (2) A person commits an offence if the person contravenes a tree protection condition of the development approval. (3) Subsection (2) does not apply if the person has a reasonable excuse for contravening the tree protection condition. mentioned in s (3) (see Criminal Code, s 58). (4) A person commits an offence if the person— (a) is responsible for the development; and (b) fails to take reasonable steps to tell each person carrying out work on the development site about the tree protection condition. (5) An offence against subsection (2) or (4) is a strict liability offence.

responsible—a person is responsible for a development if— (a) the person conducts a business or undertaking; and (b) the business or undertaking has management or control of the site where work for the development is being carried out.