Trees Regulations 1999 (NI)

NORFOLK ISLAND

Trees Regulations 1999

No. 1, 1999

Compilation No. 1

Compilation date: 13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

NORFOLK ISLAND

TREES REGULATIONS 1999

TABLE OF PROVISIONS

1. Short title 2. Interpretation 3. Protected Trees 4. Measuring height of tree 6. Prescribed information – application for registration of plantation 8. Prescribed rate – imposition of royalty Schedule of protected trees and the height above which a tree of a protected tree species becomes protected

NORFOLK ISLAND

Trees Regulations 1999

Short title 1. These Regulations may be cited as the Trees Regulations 1999.

Interpretation 2. In these Regulations — "the Act" means the Trees Act 1997.

Protected Trees 3. (1) Subject to subregulation 3(2), each tree of a species specified in column 1 of the Schedule is a protected tree for the purposes of the definition of "protected tree" in section 5 of the Act. (2) If a height is specified in column 2 of the Schedule opposite a species of tree specified in column 1 of the Schedule, a tree of that species is not a protected tree until it reaches that height, measured in accordance with Regulation 4.

Measuring height of tree 4. The height of a tree is to be measured from the highest point of the ground surrounding the base of its trunk.

Prescribed information - application for registration of plantation 6. For the purposes of paragraph 10(2)(g) of the Act, an application for registration of an area of land as a plantation must contain the following additional information — (a) a map specifying — (i) the outer boundary of that area; and (ii) in respect of each protected tree within that area planted on or after 1 January 1973 for forestry purposes, its location and the date on which it was planted; and (iii) in respect of each other protected tree within the outer boundary of that area, its location, height and the diameter of its trunk measured at a height of 1.5 metres from the highest point of the ground surrounding the base of its trunk; and (b) in respect of each protected tree within that area planted on or after 1 January 1973 for forestry purposes, evidence substantiating the date on which the tree was planted and the purpose for which it was planted; and (d) a statement that the outer boundary of that area does not come within 3 metres of the trunk of any protected tree, other than a protected tree planted after 1 January 1973 for forestry purposes.