Australian Capital Territory Current Acts

PUBLIC UNLEASED LAND ACT 2013 - SECT 19

    (1)     A person may apply to the director-general for approval (a  work approval ) to carry out work on public unleased land.

Note 1     If a form is approved under s 131 for this provision, the form must be used.

Note 2     A fee may be determined under s 130 for this provision.

    (2)     On receiving an application, the director-general must—

        (a)     give a copy of the application to each entity the director-general considers should be consulted about the application; and

        (b)     tell each entity that they may give a written submission to the director-general, not later than 15 working days after receiving the copy of the application, about—

              (i)     why the work should not be carried out; or

              (ii)     how the work should be carried out.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (3)     If the public unleased land is a reserve, the director-general must consult the conservator about the application.

    (4)     In deciding whether to issue an approval, the director-general must consider—

        (a)     whether the work would be likely to—

              (i)     cause undue disturbance, inconvenience or offence to people lawfully on or near the public unleased land; or

              (ii)     cause undue risk to people or property; or

              (iii)     damage the public unleased land; and

              (iv)     damage a protected tree, or be prohibited groundwork in the protection zone of a protected tree; and

        (b)     any submissions received under subsection (2).

    (5)     The director-general may issue an approval only if reasonably satisfied that carrying out the work in accordance with the approval would not be likely to—

        (a)     unacceptably affect people lawfully on or near the public unleased land; and

        (b)     cause unacceptable risk to people, property or the public unleased land; and

        (c)     cause unacceptable damage to a protected tree.

Note     Under the Urban Forest Act 2023

, s 92, an applicant for a work approval may be required to enter into a tree bond agreement if a protected tree is at risk of damage because of work carried out under the approval.

    (6)     An approval may be subject to any condition that the director-general reasonably believes is necessary to—

        (a)     eliminate an effect or risk mentioned in subsection (5); or

        (b)     if the effect or risk cannot be eliminated—minimise the effect or risk.

Examples—conditions

1     that the work site be lit from sunset to sunrise

2     that the work site be fenced

    (7)     In this section:

"prohibited groundwork"—see the Urban Forest Act 2023

, section 15.