78Tree management plans—proposal or application

78 Tree management plans—proposal or application (1) A decision-maker in relation to a protected tree may, on their own initiative, propose a plan (a tree management plan) for the tree that may— (a) provide for activities that may be carried out in relation to the tree; and (b) include conditions about how the activities are to be carried out. Note Anything done in relation to a protected tree in accordance with a tree management plan for the tree is an exception to the offences under sdiv 3.2.1 (Prohibited activities—offences) (see s 18 (1) (d) (i)). (2) Anyone else may apply, in writing, to the decision-maker for a tree management plan for a protected tree. (3) If the application is for a protected tree on leased land and the applicant is someone other than the lessee of the land where the tree is located, the application must include written evidence from the lessee that they are aware of the application. (4) The decision-maker may refuse to consider an application if satisfied that an adequate tree management plan is already in force for the tree. Note If the territory planning authority approves a development application that relates to a regulated tree or a public tree, the authority may also approve a tree management plan for the tree under the Planning Act 2023, s 185 (5).