S.L. 549.64 Art. 19Supplementary provisions related to applications for development permissions. Cap. 552. Cap. 552.

(1) Wherever a development, either individually or in combination with other plans or projects, is likely to have an adverse effect on any trees listed in Schedule I or Schedule II, the competent authority may:

(a) refuse the application; or

(b) impose appropriate permit conditions; or

(c) require amendments to, or relocation of, the proposed development; or

(d) adopt a combination of the foregoing measures as may be appropriate in the context of these regulations.

(2) Wherever a development, either individually or in combination with other plans or projects, is likely to have an adverse effect on any tree protection area or other protected areas, the competent authority may:

(a) refuse the application; or

(b) impose appropriate permit conditions; or

(c) request an appropriate assessment of impacts; or

(d) adopt a combination of the foregoing measures as may be appropriate in the context of these regulations.

(3) The provisions of this article shall apply in respect of both outline development permit applications and full development permit applications, and shall also apply in determining a reconsideration or appeal under the provisions of the Act.

(4) Development that is likely to have an adverse effect on any trees listed in Schedule I or Schedule II, or on any tree protection area or other protected areas, shall not be permitted under a development order issued in terms of article 55 of the Development Planning Act or through an application for minor amendment of an existing development permit.

(5) The provisions of article 80 of the Development Planning Act shall apply in the event that any tree protected under these regulations is significantly and adversely affected by a development permit issued on the basis of incorrect, incomplete, misleading or fraudulent information contained in the relevant permit application. In such event, any related permit issued under these regulations shall also be null and void.