s 54 Presumptions and defences
54.—(1) Where it is proved that a tree or plant was cut or damaged in contravention of section 14(1) or (2), 18(1) or (2) or 27(2), it is presumed, until the contrary is proved —(a) that the occupier of the premises on which the tree or plant was growing; or (b) where any building works were being carried out in that part of the premises where the tree or plant was growing at or about the time that the tree or plant was cut or damaged, that —(i) the person who was carrying out the works at the time; (ii) the employer of the person mentioned in sub‑paragraph (i) at the time of the offence; and (iii) the qualified person or other person who instructed or caused or permitted the person mentioned in sub‑paragraph (i) to cut or damage that tree or plant, had cut or damaged the tree or plant. (2) In any proceedings for an offence under section 14(2), 18(2) or 27(3) against any person referred to in subsection (1)(b)(ii) or (iii), it is a defence for that person charged to prove to the satisfaction of the court —(a) that the offence was committed without his or her consent or connivance; and (b) that he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her responsibilities as an employer or a qualified person or such other person and to all the circumstances.