Page 3419 - Week 11 - Tuesday, 20 September 2005

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(b) the person is reckless about whether doing the thing would damage the protected tree.

Maximum penalty: 400 penalty units.

(3) The person commits an offence if the person does something and is reckless about whether doing the thing would damage a protected tree.

Maximum penalty: 200 penalty units.

(4) The person commits an offence if—

(c) the person does something that damages a protected tree; and

(d) the person is negligent about whether doing the thing would damage the protected tree.

Maximum penalty: 100 penalty units.

(5) The person commits an offence if the person does something that damages, or is likely to damage, a protected tree.

Maximum penalty: 50 penalty units.

(6) For subsections (2), (3) and (4), strict liability applies to the circumstance that the tree is a protected tree.

(7) An offence against subsection (5) is a strict liability offence.

4

Clause 16 heading

Page 11, line 23—

omit the heading, substitute

16 Doing prohibited groundwork—general

5

Clause 16 (4) and (5)

Page 12, line 22—

omit

6

Proposed new clause 16A

Page 13, line 3—

insert

16A Doing  prohibited groundwork—work done as part of a business

(1) This section applies to a person who is doing work as part of a business involved in—

(a) property development or maintenance; or

(b) any other activity in relation to land that may affect trees on the land.

Examples of activities for par (b)

tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture

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).

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