S.L. 549.123 Art. 20Permits.

(1) Any intervention on any protected tree requires a prior permit from the competent authority:

Provided that the Director responsible for plant health shall not require a permit to carry out interventions related to phytosanitary purposes except for specimens falling under Table 1 of Part A of the First Schedule.

(2) In deciding whether to issue such permits, the Authority shall consider the impacts, implications, risks and benefits on:

(a) the existing trees or woodland per se;

(b) the species, habitats, ecosystems associated with the trees, as may be relevant;

(c) the structural integrity of buildings, structures, infrastructure, or natural physical features located in the vicinity and meriting retention;

(d) the landscape, general character, and environmental characteristics of the site and its surroundings;

(e) the integrity of any protected area, and the continued effectiveness of any protection, as may be relevant; and

(f) any other material considerations as deemed relevant by the Authority.

(3) The Authority shall not issue a permit if it is of the opinion that the activity is not sufficiently justified or that the adverse impacts, implications or risks of the activity outweigh any possible benefits.

(4) The Authority may issue a permit prior to the carrying out of any activity regulated by these regulations:

Provided that the Authority may not issue such a permit if, after considering the proposed activity, it is of the opinion that the activity is unjustified or that adverse impacts of the activity outweigh any possible benefits.