Australian Capital Territory Numbered Acts

PUBLIC UNLEASED LAND ACT 2013 (NO. 3 OF 2013) - SECT 34

    (1)     This section applies if the director-general believes on reasonable grounds that a tree or other plant endangers the safety of anyone on public unleased land.

Example—tree or plant endangering safety of person on public unleased land

tree obstructing vision of drivers on public road

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (2)     The director-general may direct (a plant removal direction ) the occupier of the land on which the tree or other plant is growing to immediately remove the tree or plant.

    (3)     However, if the tree or other plant is a registered tree , a tree protection approval for the removal must be in force before the director-general issues the plant removal direction.

Note     A tree protection approval is not needed for regulated trees because they are exempted under the Tree Protection Act 2005

, s 19 (1) (d) (iv).

    (4)     The plant removal direction must—

        (a)     be in writing; and

        (b)     state the public unleased land; and

        (c)     identify the tree or other plant; and

        (d)     state when the direction must be complied with, being a day at least 5 days after the direction is given to the occupier; and

        (e)     if subsection (3) applies to the tree or other plant—be accompanied by the tree protection approval.

Note     Power to make the direction includes power to amend or repeal the direction (see Legislation Act

, s 46).