Trees II (Biotechnology in Agriculture and Forestry)

Importantly, under section 10, the Court cannot make an order under Part 2 unless it is satisfied that: the tree concerned has caused, is causing, or is likely, in the near future (that is, in the next 12 months) ( Yang v Scerri [2207] NSWLEC 592; Bailey v Gould [2011] NSWLEC 1062 ) to cause damage to the applicant’s property, or the tree concerned is likely to cause injury to any person. Plants require a reasonable level of heat to grow. In fact, in a letter to a friend, Charles Darwin referred to the sudden appearance of flowering plants in the fossil record as "an abominable mystery."

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