31How can the Council make tree preservation orders?

31 How can the Council make tree preservation orders?

31 How can the Council make tree preservation orders?

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

(2) A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, poisoning, removing or willful destruction of any tree or trees to which a tree preservation order applies without development consent.

(3) This clause does not apply in respect of—

(a) trees within a State Forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or

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

(c) the trimming or removal of trees in accordance with section 48 of the Electricity Supply Act 1995 or by an electricity distributor in accordance with clause 47 of the Electricity Supply (General) Regulation 1996, or

(d) plants declared to be noxious weeds under the Noxious Weeds Act 1993.

(4) A tree preservation order and any revocation or amendment of such an order does not have effect until it has been published in a newspaper circulating in the Warringah local government area.