36Canopy contribution agreements—conditions

36 Canopy contribution agreements—conditions (1) This section applies if a decision-maker enters into a canopy contribution agreement with an applicant under section 35 in relation to a protected tree. (2) The canopy contribution agreement must state that it is subject to either or both of the following conditions, as decided by the decision-maker: (a) the applicant must make a contribution (an on-site canopy contribution) to the tree canopy on the land where the protected tree is located; (b) the applicant must pay an amount (a financial settlement) to the Territory. (3) If the canopy contribution agreement is subject to a condition that the applicant make an on-site canopy contribution— (a) the agreement must state how many trees are to be planted on the land; and (b) the on-site canopy contribution must comply with any requirements prescribed by regulation. (4) If the canopy contribution agreement is subject to a condition that the applicant pay a financial settlement— (a) the agreement must state the amount of the financial settlement to be paid; and

(b) the decision-maker must take into account any matter prescribed by regulation in deciding the amount. (5) A regulation may prescribe the following, or how to work out the (a) for an on-site canopy contribution—the number of trees, and the size of the trees, to be planted on land; and (b) for a financial settlement—the amount to be paid.