S.L. 549.64 Art. 2Interpretation. Cap. 549. Cap. 552. Cap. 549. Cap. 552. S.L. 549.44 S.L. 549.42 Cap. 315.

In these regulations, unless the context otherwise requires:

"Act" means the Environment Protection Act; "compensatory planting measures" means the planting or making available of a number of trees as a replacement for every damaged or uprooted tree, on the basis of the provisions of guidelines established by the competent authority; "the competent authority" means the Environment and Resources Authority; "development" shall have the same meaning as assigned to it in article 2 of the Planning Authority Act; "Director" means the Director responsible for environment protection within the competent authority, or his designated representative; "horticulturally-grown trees" means planted trees that are grown through horticulture and in artificial environments such as agricultural land, private gardens, roadsides and paved areas, and excludes trees in protected areas or in areas outside the development zone growing in their natural environment, whether originally planted or not;

"near any tree" means five metres away from the circumference of the tree canopy or ten metres away from the tree trunk, whichever is the larger; "outside the development zone" or "ODZ" means land outside the boundary for development in a planning scheme or local plan; "owner" means either the direct owner or any person who holds a title of lease, emphyteusis or any other right of possession, or both owner of property and title together, jointly or separately; "pest" means any form of plant or animal life or any pathogenic agent, other than a beneficial organism, capable of directly or indirectly injuring any plant material or beneficial organism, and includes genetically modified pests; "person" means any person, whether natural or legal, corporate or incorporate, and includes any person acting on his own behalf or under the instructions of any employer, master or owner; "primary branches" means branches originating from the main trunk or trunks of the tree;

"protected areas" means any area protected through the Environment Protection Act or scheduled for ecological and scientific reasons under the Development Planning Act, including tree protection areas, or under the Act; "protected tree species" means trees listed in Schedules I and II; "pruning" means the practice of cutting away of primary branches, secondary branches, offshoots, and suckers of horticulturally-grown trees to influence the formation of the tree or to positively influence flowering, fruit yield and, or the overall health status of the tree; "related environment regulations" means the Flora, Fauna and

Natural Habitats Protection Regulations, the Conservation of Wild Birds Regulations, and any other related legislation; "secondary branches" means branches originating from the primary branches of the tree; "site" shall also include a single property or more than one property, irrespective of who is the owner of that property which forms part of the site which is designated as a tree protection area through the provisions of regulation 6; "smoking requisite", "cigarette" and "tobacco" have the same definition as is given to them in article 2 of the Tobacco (Smoking Control) Act;

"surgical intervention" means any treatment required to save a tree from disease or mechanical damage, structural collapse, as well as treatments to prevent further damage in an already damaged tree; "tree" means a perennial woody plant, whether dead or alive, which in its adult form, has a main trunk or trunks, and secondary branches supported clear of the ground, and a distinct crown. This includes individuals in all stages of growth; "tree protection area" means any site published in the Gazette in terms of the provisions of regulation 6; "urban conservation area" or "UCA" means a historic area (village core) as identified in a planning scheme or local plan or other currently approved planning policies.