Page 4734 - Week 13 - Tuesday, 31 October 2017
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
New section 61A provides that the division applies if the conservator is satisfied on reasonable grounds that a registered tree has died of natural causes. New section 61B provides the conservator with the power to cancel the registration of the tree and further that division 7.3 of the act does not apply to the decision.
Division 7.3 under the act covers the proposed cancellation and decision-making in relation to the cancellation of registered trees in all other cases. This division includes significant consultation and allows, in certain circumstances, for the possibility of the conservator declaring a site to protect ground where a tree may have been damaged by unauthorised conduct.
New section 61C ensures that, where the conservator makes a decision to deregister a tree because it has died of natural causes, notice of the decision be given to specified people such as the person who holds the land where the tree was located. The section also requires that a public notice of the decision be published. The conservator may also provide written notice of the decision to anyone the conservator considers appropriate. New section 61D provides for the tree to be cancelled and the entry about the tree removed from the tree register.
“Natural causes” is not defined in the legislation. Under principles of statutory interpretation, the ordinary meaning of what constitutes “natural causes” will apply. To do otherwise, for example by listing what constitutes a natural cause, could potentially narrow the application of the act and perhaps open the question of cause of death in situations where that cause is otherwise uncontroversial and uncontentious.
I note that the conservator is well placed to determine such decisions about the death of a tree and can seek expert opinion from arborists and the like if it is necessary. Even if a tree has apparently died from natural causes, the conservator may still decide to undertake a full consultation process in removing the tree from the register.
These are important changes to the act to improve its operation. They are only a small part of the broader scheme, which seeks to provide a sensible and practical response to the matter of trees of significant size and cultural and aesthetic value in the urban environment.
I thank members for the discussion over recent days done in good faith. I would also like to note the conversation, as Ms Le Couteur said, last week in the chamber and of course a more extensive and comprehensive review of the Tree Protection Act, which the chamber supported last week. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Clauses 1 to 3, by leave, taken together and agreed to.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video