Page 3420 - Week 11 - Tuesday, 20 September 2005

(2) The person commits an offence if—

(a) the person does prohibited groundwork in—

(i) the protection zone for a protected tree; or

(ii) a declared site; and

(b) the person is reckless about whether the groundwork is prohibited groundwork in—

(i) the protection zone for a protected tree; or

(ii) a declared site.

Maximum penalty: 200 penalty units.

(3) The person commits an offence if—

(a) the person does prohibited groundwork in—

(i) the protection zone for a protected tree; or

(ii) a declared site; and

(b) the person is negligent about whether the groundwork is prohibited groundwork in—

(i) the protection zone for a protected tree; or

(ii) a declared site.

Maximum penalty: 100 penalty units.

(4) The person commits an offence if the person does prohibited groundwork in—

(a) the protection zone for a protected tree; or

(b) a declared site.

Maximum penalty: 50 penalty units.

(5) For subsections (2) and (3), strict liability applies to the circumstances that—

(a) the tree is a protected tree; and

(i) the protection zone for the tree; or

(ii) a declared site.

(6) An offence against subsection (4) is a strict liability offence.

Clause 17 heading

Page 13, line 4—

omit the heading, substitute

17 Exceptions—tree damaging and prohibited groundwork offences

Clause 17 (1)

Page 13, line 5—

omit