Liverpool City Centre Local Environmental Plan 2007
34 Preservation of trees or vegetation
(1) The objective of this clause is to preserve the amenity of the
area through the preservation of trees and other
(2) This clause applies to species or kinds of trees or other
vegetation that are prescribed for the purposes of this clause by a
development control plan made by the Council.
Note. A development control plan may prescribe the trees or other
vegetation to which this clause applies by reference to species, size,
location or other manner.
(3) A person must not ringbark, cut down, top, lop, remove, injure or
wilfully destroy any tree or other vegetation to which any such development
control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
(4) The refusal by the Council to grant a permit to a person who has
duly applied for the grant of the permit is taken for the purposes of the Act
to be a refusal by the Council to grant consent for the carrying out of the
activity for which a permit was sought.
(5) This clause does not apply to a tree or other vegetation that the
Council is satisfied is dying or dead and is not required as the habitat of
(6) This clause does not apply to a tree or other vegetation that the
Council is satisfied is a risk to human life or
(7) A permit under this clause cannot allow any ringbarking, cutting
down, topping, lopping, removal, injuring or destruction of a tree or other
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation
Note. As a consequence of this subclause, the activities concerned will
require development consent. The heritage provisions of clause 35 will be
applicable to any such consent.
(8) This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a
development consent or property vegetation plan under the Native Vegetation Act 2003 or that
is a routine agricultural management activity within the meaning of that Act
carried out on land to which that Act applies, or
(b) trees or other vegetation within a State forest, or land reserved
from sale as a timber or forest reserve under the Forestry Act 1916,
(c) action required or authorised to be done by or under the Electricity Supply Act 1995, the
Roads Act 1993 or the
Surveying Act 2002,
(d) plants declared to be noxious weeds under the Noxious Weeds Act