Urban Forest Act 2023
82Tree management plans—referral of proposal or
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82 Tree management plans—referral of proposal or application to other entities (1) This section applies if a decision-maker— (a) assesses a tree to which a proposal or application for approval of a tree management plan relates; and (b) is satisfied that the tree requires a tree management plan. (2) The decision-maker must give a copy of the proposal or application to the following: (a) if the proposal or application relates to a heritage tree— the heritage council; (b) if the proposal or application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal (3) However, the decision-maker is not required to give a copy of the application to an entity mentioned in subsection (2) if the decision-maker is satisfied— (a) that— (i) the applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and (ii) the entity agrees in writing to the activity proposed in the (b) if the entity is the heritage council—that the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171. (4) A written agreement to an activity mentioned in subsection (3) (a) (ii) is taken to be advice on the application received in accordance with section 83.