TREES REGULATIONS 1999

[Consolidated as at 6 April 2004

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

 1. Short title

 2. Interpretation

 3. Protected Trees

 4. Measuring height of tree

 5. Prescribed fee – application for a permit to take protected trees

 6. Prescribed information – application for registration of plantation

 7. Prescribed fee – application for timber licence

 8. Prescribed rate – imposition of royalty

 9. Prescribed fee – application for authority to collect pine cones, knots and seeds

   Schedule of protected trees and the height above which a tree of a protected tree species becomes protected

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 fee - application for a permit to take protected trees

 5. For the purposes of paragraph 6(2)(b) of the Act, the prescribed fee is 1 fee unit.

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.

Prescribed fee - application for timber licence

 7. For the purposes of paragraph 16(3)(b) of the Act, the prescribed fee is 1 fee unit.

Prescribed rate - imposition of royalty

 8. (1) For the purposes of subsection 19(1) of the Act, the prescribed royalty rate is the sum of —

(a) $.85 for each centimetre of diameter of the trunk of the tree; and

(b) an additional $1.75 for each centimetre of diameter of the trunk of the tree that exceeds 50 centimetres of diameter.

  (2) For the purposes of subregulation 8(1), the diameter of the trunk of a tree is to be measured at a height of 1.5 metres from the highest point of the ground surrounding the base of its trunk.

Prescribed fee - application for authority to collect pine cones, knots and seeds

 9. For the purposes of section 23 of the Act, the prescribed fee is 1 fee unit.

SCHEDULE OF PROTECTED TREES AND THE HEIGHT ABOVE WHICH A TREE OF A PROTECTED TREE SPECIES BECOMES PROTECTED

© Norfolk Island Government 2004

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.