Parks and Trees Act 2005
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Application of Act to Government
Part 2 ADMINISTRATION OF ACT
4 Appointment of Commissioner of Parks and Recreation and other officers
5 Officers deemed to be public servants
6 Identification card to be produced
6A Management body
Part 3 NATIONAL PARKS AND NATURE RESERVES
7 Establishment of national parks and nature reserves
8 Restricted activities in respect of trees, plants, etc., in national parks and nature reserves
9 Restricted activities in respect of animals, etc., in national parks and nature reserves
10 Destruction, damage, etc., of notices, boundary marks, etc.
11 Reinstatement notices as regards national parks and nature reserves
12 Approval for restricted activities in national parks and nature reserves
Part 4 CONSERVATION OF TREES AND PLANTS
Division 1 — Tree conservation areas and vacant lands
13 Tree conservation areas
14 No cutting or damaging of tree having girth of more than one metre
15 Tree conservation notice
Division 2 — Heritage road green buffers
16 Heritage road green buffers
17 Maintenance of heritage road green buffers
18 No cutting or damaging of tree or plant in heritage road green buffer
19 Heritage road green buffers not to be interfered with
Division 3 — Approvals, reinstatement notices and evidence
20 Application for approval to cut trees and plants, etc.
21 Reinstatement notices as regards tree conservation areas, vacant lands and heritage road green buffers
Part 5 PLANTING AREAS, PUBLIC OPEN SPACES AND GREEN VERGES
Division 1 — Planting areas and streetscapes
22 Application
23 Planting areas
24 Provision of planting areas
25 Occupier’s duty to maintain planting areas
26 Planting areas not to be interfered with
27 Notice to plant or replant trees and plants, etc.
Division 2 — Open spaces set aside as public parks
28 Provision of open spaces as public parks
29 Vesting of open space set aside as public park in Government
Division 3 — Green verges
30 Provision of green verges of public streets
31 Street works affecting green verges
Division 4 — Specifications and approvals
32 Approvals required
33 Compliance certificates
34 Specifications
35 Duties of qualified person
36 Liabilities related to plans, certificates and documents
Part 6 PREVENTION OF DANGERS
37 Trees and plants obstructing traffic
37A Power to enter and inspect premises for dangerous trees
38 Imminently dangerous trees or plants
Part 7 POWERS OF ENFORCEMENT
39 Power to require information in respect of contraventions
40 Power of entry and to demand particulars of identity
41 Power to demand evidence of identity and power of arrest in certain circumstances
41A Power to investigate offences under Act
42 Enforcement powers in national parks, nature reserves and public parks
42A Power to move vehicles and demolish structures, etc.
42B Immediate removal of dangerous or obstructing vehicles, etc., in national park, nature reserve or public park
42C Immediate demolition, etc., of dangerous structure, etc., in public park
Part 8 OFFENCES, PENALTIES AND PROCEEDINGS
43 Penalty for obstructing Commissioner, etc.
44 Parking of vehicles on green verges and turfed open spaces prohibited
45 Liability of owner, etc., of vehicle for offence committed
46 Default in compliance with notice or condition
46A Disposal of moved vehicles, etc.
47 Recovery of costs
48 Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court
49 Offences by bodies corporate, etc.
50 Jurisdiction of court
51 Composition of offences
52 Prosecutions
53 Evidence
54 Presumptions and defences
Part 9 GENERAL
55 Act not to affect liability in tort of occupier
56 Appeal to Minister
57 Payment to Board of fees, charges, etc.
58 Exemption
59 Service of documents
59A Use of electronic service for making applications in connection with building works
60 Inaccuracies in document
61 Protection from liability
62 Amendment of Schedule
63 Regulations
64 Transitional provisions
65 References in other written laws
Legislative History
Abbreviations
Comparative Table