Page 3622 - Week 11 - Thursday, 22 September 2005
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(3B) The relevant authority may make a decision under section 230 that is inconsistent with the advice of the conservator under the Tree Protection Act 2005, section 80 in relation to a regulated tree only if the authority is satisfied, having regard to the broader strategic objectives of the territory plan, that all reasonable development options and design solutions have been considered to avoid or minimise the need to damage the tree or undertake prohibited groundwork.
(3C) In making a decision under section 230 that relates to a regulated tree, the relevant authority may, under this section—
(a) if a tree management plan is already in force for the tree—approve an amendment of, or replacement for, the tree management plan; or
(b) in any other case—approve a tree management plan for the tree.
(3D) A decision mentioned in subsection (3B) must not be made by a person acting as delegate of the planning and land authority.
39
Schedule 1
Proposed new amendment 1.15A
Page 83, line 8—
insert
[1.15A] New section 244B
insert
244B Notice of decision to conservator
If an application relates to land that includes all or part of the protection zone for a protected tree, or all or part of a declared site, the planning and land authority must give the conservator—
(a) written notice of the decision to approve or refuse the application; and
(b) a copy of the decision.
40
Schedule 1
Proposed new amendment 1.19A
Page 84, line 6—
insert
[1.19A] Dictionary, new definitions
insert
damage a protected tree, for part 6 (Approvals and orders)—see section 222.
declared site, for part 6 (Approvals and orders)—see section 222.
prohibited groundwork, for part 6 (Approvals and orders)—see section 222.
protected tree, for part 6 (Approvals and orders)—see section 222.
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