Appendix B - Lands Administration Office Instruction Section D-12 Tree Preservation
A. General
B. Authority
C. Guidelines for giving approval to felling
D. Inclusion of tree clause for leased land
E. Applications to fell trees - procedure
F. Breach of tree felling clause
G. Building plan referral to/from B.C. III
F. Breach of Tree Felling Clause
- Where the Conditions of Sale/Grant contain a tree preservation clause and any tree has been felled without approval then the Contitions have been breached and the ultimate power of re-entry can be exercised, provided that there is satisfactory evidence available of the breach and the approval of LAM is obtained.
- However, re-entry is not usually appropriate and where it can be established that any tree has been felled or removed, either by DLO staff producing photographs or other evidence of the before and after situation, or the developer applying for retrospective aproval, then a recommendation for retrospective approval should be submitted for consideration by DLO. If DLO considers re-entry inappropriate he may authorise the issue of a retrospective consent letter upon:
(a) payment of a premium to be determined by Valuation Section of Lands department having regard to the severity of the breach and/or
(b) payment of an administrative fee (see Revenue Assessment Manual (RAM) appendix II) and/or
(c) submission and completion of a satisfactory compensatory landscaping/replanting scheme, acceptable to Arch S D and being approved by DLO/DLC. - In major appeal and proposed re-entry cases a submission should be made to the regional GLA/LAM.
