Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the director-general believes on reasonable grounds that a tree or other plant on leased land endangers the safety of anyone on public unleased land.
Example—tree or plant endangering safety of person on public unleased land
tree obstructing vision of drivers on public road
(2) The director-general may direct (a plant removal direction ) the occupier of the land on which the tree or other plant is growing to immediately remove the tree or plant.
(3) However, if the tree or other plant is a registered tree, a tree damaging activity approval for the removal must be in force before the director-general issues the plant removal direction.
Note A tree damaging activity approval is not needed for a regulated tree because anything done in relation to a regulated tree under a plant removal direction is an exception to an offence under the Urban Forest Act 2023
, s 18 (1) (e) (ii)).
(4) The plant removal direction must—
(a) be in writing; and
(b) state the public unleased land; and
(c) identify the tree or other plant; and
(d) state when the direction must be complied with, being a day at least 5 days after the direction is given to the occupier; and
(e) if subsection (3) applies to the tree or other plant—be accompanied by the tree damaging activity approval.
Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act
, s 46).