Section 25Part 3 — Control of Development of Land
Preservation of trees and woodlands
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If it appears to the Authority that it is expedient in the interests of amenity to make provision for the preservation of any tree, trees or woodlands in any area, it may, for that purpose, make an order (in this Act referred to as a tree preservation order) with respect to any such tree, trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order —
for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping or wilful destruction of trees except with the consent of the Authority which may be given subject to conditions;
for securing the replanting, in such a manner as may be prescribed by or under the order, of any part of a woodland area that is felled in the course of forestry operations permitted by or under the order;
for applying, in relation to any consent under the order, and to applications therefor, any of the provisions of this Part relating to permission to develop land, and to applications for any such permission, subject to such adaptations and modifications as may be specified in the order; and
for the payment by the Authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of damage or expenditure caused or incurred in consequence of the refusal of any consent required under the order, or the grant of any such consent subject to conditions.
Provision may be made by regulations with respect to the form of tree preservation orders and the procedure to be followed in connection with the making and approval of such orders, and such regulations shall, in particular, make provision for securing —
that notice shall be given to the owners and occupiers of land affected by any such order;
that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is made by the Authority; and
that copies of the order when it comes into operation shall be served on the owners and occupiers of the land to which it relates.
Notwithstanding subsection (2), where it appears to the Authority that any tree preservation order should take effect immediately, they may make the order provisionally without complying with the requirements of any regulations with respect to the consideration of objections and representations, but any order so made shall cease to have effect upon the expiration of two months from the date on which it is so made unless within that period it has again been made, with or without modifications, after compliance with those requirements.
Without limiting the other exemptions for which provision may be made by a tree preservation order, no such order shall apply to the cutting down, topping or lopping of trees in compliance with any obligation imposed by or under any law or so far as may be necessary for the prevention or abatement of a nuisance.
A person who contravenes a tree preservation order, commits an offence and is liable on summary conviction to a fine of four hundred dollars and in the case of a continuing offence, to a further fine of twenty dollars for every day after the first day during which the contravention is so continued.
Defined Terms
tree preservation order