Tree Protection Act 2005 (ACT)
Tree Protection Act 2005 (repealed)
A2005-51
Republication No 24
Effective: 1 January 2024
Republication date: 1 January 2024
As repealed by A2023‑14 s 146 (1)
About this republication
The republished law
This is a republication of the Tree Protection Act 2005 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Tree Protection Act 2005 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Objects of Act 2
4 Dictionary 3
5 Notes 3
6Offences against Act—application of Criminal Code etc 3
7 Application of Act—built-up urban areas 4
Part 2 Important terms
8 Protected trees 5
9 Registered trees 5
10 Regulated trees and tree management precincts 5
11 Protection zone for protected tree 6
Part 3 Protection of trees
Division 3.1 Definitions
12 Meaning of damage 7
13 Meaning of major pruning 8
14 Meaning of prohibited groundwork 9
Division 3.2 Prohibited activities
15 Damaging protected trees—general 10
16 Damaging protected trees—work done as part of a business 11
17 Doing prohibited groundwork—general 12
18 Doing prohibited groundwork—work done as part of a business 13
19 Exceptions—tree damaging and prohibited groundwork offences 15
20 Contravening tree protection conditions of development approval 18
Division 3.3 Approved activities
21 Criteria for approval 19
22 Application for approval of tree damaging etc activity 20
23 Further information for approval application 20
24 Advisory panel advice on approval application 20
24A Approval application may need to be referred to other entities 20
24B Time for referral entity to give advice on application 21
24C Effect of no response by referral entity 22
25 Decision on approval application 22
26 Notice of decision on approval application 22
27 Operation of approval 23
28 Cancellation of approval 24
29 Approval in urgent circumstances or for minor works 25
30 Contravening conditions of approval 26
Part 4 Tree management plans
31 Guidelines for tree management plans 27
32 Proposal or application for approval of tree management plan 27
33 Further information for tree management plan application 28
34 Advisory panel advice on proposed tree management plan 28
34A Proposal or application may need to be referred to other entities 28
34B Time for referral entity to give advice on proposal or application 29
34C Effect of no response by referral entity 29
35 Decision on tree management plan 30
36 Notice of decision on tree management plan 30
37 Operation of tree management plan 31
Part 5 Tree management precincts
38 Criteria for tree management precincts 32
39 Tree management precinct declaration 32
Part 6 Tree register
40 Meaning of registered tree for pt 6 33
41 Tree register 33
42 Correction of tree register 34
43 Inspection of tree register 34
44 Restricted information in tree register 34
Part 7 Registration of trees
Division 7.1 Criteria for registration and cancellation
45 Criteria for registration and cancellation of registration 35
Division 7.2 Registration process
46 Nomination for registration 35
47 Decision on provisional registration 35
48 Provisional registration 36
49 Notice of decision on provisional registration 36
50 Consultation on proposed registration 37
51 Period of provisional registration 37
52 Decision on registration 38
53 Notice of decision on registration 38
54 Registration 39
Division 7.3 Cancellation of registration
55 Proposal for cancellation of registration 40
56 Notice of proposed cancellation of registration 40
57 Consultation on proposed cancellation of registration 41
58 Decision on cancellation of registration etc 42
59 Notice of decision on cancellation of registration 42
60 Cancellation of registration 43
61 Site declarations 44
Division 7.4 Death of tree from natural causes
61A Application—div 7.4 45
61B Cancellation of registration of dead tree 45
61C Notice of cancellation of registration of dead tree 45
61D Cancellation of registration of dead tree—tree register 46
Part 8 Restricted information
62 Application of pt 8 47
63 Restricted non-Aboriginal information 47
64 Restricted Aboriginal information 48
65 Restricted information not to be published without approval 48
66 Approval to publish restricted information 49
67 Limited access to restricted information 49
Part 9 Tree advisory panel
68 Establishment of advisory panel 51
69 Members of advisory panel 51
70 Functions of advisory panel 52
71 Ending appointment—advisory panel members 52
72 Disclosure of interests—advisory panel members 53
73 Advisory panel’s procedures etc 53
74 Delegation by advisory panel 53
Part 10 Tree protection directions
75 Criteria for tree protection directions 55
76 Conservator may give tree protection directions 55
77 Service of tree protection direction 56
78 Contravention of tree protection direction—offence 56
79 Contravention of tree protection direction—action by authorised person 56
Part 11 Land development applications
80 Meaning of development—pt 11 58
81 Simplified outline 58
82 Advice about tree protection on land subject to development 59
83 Requirements for conservator’s advice about tree protection 59
Part 12 Enforcement
Division 12.1 General
84 Definitions for pt 12 61
Division 12.2 Authorised people
85 Appointment of authorised people 61
86 Identity cards 62
Division 12.3 Powers of authorised people
87 Power to enter premises 62
88 Production of identity card 63
89 Consent to entry 63
90 General powers on entry to premises 64
91 Power to require name and address 65
92 Power to seize things 65
Division 12.4 Search warrants
93 Warrants generally 67
94 Warrants—application made other than in person 68
95 Search warrants—announcement before entry 69
96 Details of search warrant to be given to occupier etc 70
97 Occupier entitled to be present during search etc 70
Division 12.5 Return and forfeiture of things seized
98 Receipt for things seized 71
99 Moving things to another place for examination or processing under search warrant 71
100 Access to things seized 72
101 Return of things seized 73
Division 12.6 Miscellaneous
102 Damage etc to be minimised 74
103 Compensation for exercise of enforcement powers 74
Part 13 Notification and review of decisions
104 Definitions—pt 13 76
105 Internal review notices 76
106 Applications for reconsideration 76
107 Reconsideration of decisions 77
107A Reviewable decision notice 77
107B Applications for review 78
Part 14 Miscellaneous
108 Criminal liability of executive officers 79
109 Determination of fees 80
111 Delegation of conservator’s functions 81
112 Incorporation of documents 81
113 Inspection of incorporated documents 81
114 Notification of certain incorporated documents 82
115 Regulation-making power 83
Schedule 1 Reviewable decisions 84
Part 1.1 Internally reviewable decisions 84
Part 1.2 Reviewable decisions 85
Dictionary86
Endnotes
1 About the endnotes 90
2 Abbreviation key 90
3 Legislation history 91
4 Amendment history 95
5 Earlier republications 100
Tree Protection Act 2005 (repealed)
An Act for the protection of trees, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Tree Protection Act 2005.
Objects of Act
(1)The objects of this Act are—
(a)to protect individual trees in the urban area that have exceptional qualities because of their natural and cultural heritage values or their contribution to the urban landscape; and
(b)to protect urban forest values that may be at risk because of unnecessary loss or degradation; and
(c)to protect urban forest values that contribute to the heritage significance of an area; and
(d)to ensure that trees of value are protected during periods of construction activity; and
(e)to promote the incorporation of the value of trees and their protection requirements into the design and planning of development; and
(f)to promote a broad appreciation of the role of trees in the urban environment and the benefits of good tree management and sound arboricultural practices.
(2)In this section:
urban forest means the trees located in the built-up urban area.
urban forest values means the amenity and economic and environmental benefits derived from the urban forest and the associated tree canopy cover.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘heritage significance—see the Heritage Act 2004, section 10.’ means that the term ‘heritage significance’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act—built-up urban areas
(1)This Act applies to trees on land in built-up urban areas.
(2)A built-up urban area is an area of land declared by the Minister to be a built-up urban area for this Act.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 2Important terms
Protected trees
For this Act, each of the following is a protected tree:
(a)a registered tree;
(b)a regulated tree.
Registered trees
A registered tree is a tree that is registered (or provisionally registered) under part 7 (Registration of trees).
Regulated trees and tree management precincts
(1)A regulated tree is a living tree (other than a registered tree or a palm tree) that is on leased land within a tree management precinct and—
(a)is 12m or more high; or
(b)has a trunk with a circumference of 1.5m or more, 1m above natural ground level; or
(c)has 2 or more trunks and the total circumference of all the trunks, 1m above natural ground level, is 1.5m or more; or
(d)has a canopy 12m or more wide.
(2)However, a tree is not a regulated tree if it is a pest plant under the Pest Plants and Animals Act 2005.
(3)A tree management precinct is an area declared under part 5 to be a tree management precinct.
Protection zone for protected tree
(1)The protection zone for a protected tree is—
(a)the area under the canopy of the tree; and
(b)the 2m wide area surrounding the vertical projection of the canopy; and
(c)the 4m wide area surrounding the trunk as measured at 1m above natural ground level.
(2)However, if another protection zone is defined in a tree management plan in force for the protected tree, that protection zone is the protection zone for the tree.
Part 3Protection of trees
Division 3.1 Definitions
Meaning of damage
In this Act:
damage a protected tree includes the following:
(a)kill or destroy the tree;
(b)poison the tree;
(c)ringbark the tree (whether partially or completely);
(d)fell or remove the tree;
(e)cut branches or stems of the tree between branch unions (lopping);
(f)remove branches of the tree to a previously pruned or lopped point (pollarding);
(g)major pruning of the tree;
(h)anything else done to or in relation to the tree that—
(i)causes it to die; or
(ii)significantly reduces its expected life; or
(iii)significantly and adversely affects its health, stability or general appearance.
Meaning of major pruning
(1)In this Act:
major pruning means pruning other than lopping, pollarding or minor pruning.
(2)In this section:
(a)in relation to a registered tree—minor pruning means pruning (other than lopping or pollarding) done in accordance with AS 4373 that—
(i)only involves removing deadwood; or
(ii)does not involve removing any limbs that have a diameter greater than 50mm; or
(iii)is the first pruning of the tree in the calendar year, affects less than 10% of the canopy and does not alter the overall shape of the canopy; and
(b)in relation to a regulated tree—minor pruning means pruning (other than lopping or pollarding) done in accordance with AS 4373 that—
(i)does not adversely affect the general appearance of the tree; or
(ii)for a fruit tree—is done for fruit production.
Meaning of prohibited groundwork
In this Act:
prohibited groundwork—
(a)in relation to the protection zone for a protected tree—a person does prohibited groundwork in the protection zone if the person—
(i)contaminates the soil in the protection zone with something that is poisonous to trees; or
(ii)cuts any of the tree’s roots in the protection zone that have a diameter greater than 50mm; or
(iii)does either of the following in the protection zone, other than in cultivating the soil for horticultural purposes:
(A)excavates to a depth greater than 10cm over an area 4m2 or larger;
(B)raises the soil level by more than 10cm above the natural soil level over an area 4m2 or larger; or
(iv)does anything else prescribed by regulation for this paragraph; and
(b)in relation to a declared site—a person does prohibited groundwork in the declared site if the person—
(i)does either of the following in the declared site, other than in cultivating the soil for horticultural purposes:
(A)excavates to a depth greater than 10cm over an area 4m2 or larger;
(B)raises the soil level by more than 10cm above the natural soil level over an area 4m2 or larger; or
(ii)does anything else prescribed by regulation for this paragraph.
Examples—par (a) (iii) and (b) (i) of cultivation for horticultural purposes
1 preparing garden beds for planting
2 planting trees and shrubs
Division 3.2 Prohibited activities
Damaging protected trees—general
(1)A person commits an offence if—
(a)the person does something that damages a protected tree; and
(b)the person is reckless about whether doing the thing would damage the protected tree.
Maximum penalty: 400 penalty units.
(2)A person commits an offence if the person does something and is reckless about whether doing the thing would damage a protected tree.
Maximum penalty: 200 penalty units.
(3)A person commits an offence if—
(a)the person does something that damages a protected tree; and
(b)the person is negligent about whether doing the thing would damage the protected tree.
Maximum penalty: 100 penalty units.
Damaging protected trees—work done as part of a business
(1)This section applies to a person who is doing work as part of a business involved in—
(a)property development or maintenance; or
(b)any other activity in relation to land that may affect trees on the land.
Examples—activities—par (b)
tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture
(2)The person commits an offence if—
(a)the person does something that damages a protected tree; and
(b)the person is reckless about whether doing the thing would damage the protected tree.
Maximum penalty: 400 penalty units.
(3)The person commits an offence if the person does something and is reckless about whether doing the thing would damage a protected tree.
Maximum penalty: 200 penalty units.
(4)The person commits an offence if—
(a)the person does something that damages a protected tree; and
(b)the person is negligent about whether doing the thing would damage the protected tree.
Maximum penalty: 100 penalty units.
(5)The person commits an offence if the person does something that damages, or is likely to damage, a protected tree.
Maximum penalty: 50 penalty units.
(6)For subsections (2), (3) and (4), strict liability applies to the circumstance that the tree is a protected tree.
(7)An offence against subsection (5) is a strict liability offence.
Doing prohibited groundwork—general
(1)A person commits an offence if—
(a)the person does prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(b)the person is reckless about whether the groundwork is prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
Maximum penalty: 200 penalty units.
(2)A person commits an offence if—
(a)the person does prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(b)the person is negligent about whether the groundwork is prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
Maximum penalty: 100 penalty units.
(3)A person commits an offence if the person does prohibited groundwork in—
(a)the protection zone for a protected tree; or
(b)a declared site.
Maximum penalty: 50 penalty units.
Doing prohibited groundwork—work done as part of a business
(1)This section applies to a person who is doing work as part of a business involved in—
(a)property development or maintenance; or
(b)any other activity in relation to land that may affect trees on the land.
Examples—activities—par (b)
tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture
(2)The person commits an offence if—
(a)the person does prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(b)the person is reckless about whether the groundwork is prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
Maximum penalty: 200 penalty units.
(3)The person commits an offence if—
(a)the person does prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(b)the person is negligent about whether the groundwork is prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
Maximum penalty: 100 penalty units.
(4)The person commits an offence if the person does prohibited groundwork in—
(a)the protection zone for a protected tree; or
(b)a declared site.
Maximum penalty: 50 penalty units.
(5)For subsections (2) and (3), strict liability applies to the circumstances that—
(a)the tree is a protected tree; and
(b)the groundwork is done in—
(i)the protection zone for the tree; or
(ii)a declared site.
(6)An offence against subsection (4) is a strict liability offence.
Exceptions—tree damaging and prohibited groundwork offences
(1)Sections 15 to 18 do not apply to—
(a)an activity approved under section 25 or section 29 that is done in accordance with the conditions (if any) of the approval (whether or not done by the person who applied for the approval); or
(b)the removal of a tree if the registration of the tree is cancelled under division 7.3 for safety reasons; or
(c)anything done in accordance with—
(i)a tree management plan; or
(ii)a tree protection direction; or
(iii)a condition of a development approval that requires a person to do or not do something in relation to—
(A)a protected tree; or
(B)the protection zone for a protected tree; or
(C)a declared site; or
(iv)a direction under the Plant Diseases Act 2002, section 13 (Direction for seizure, disinfection, destruction etc of plants etc); or
(d)anything done in relation to a regulated tree under—
(i)any of the following provisions of the Utilities Act 2000:
·section 105 (Installation of network facilities);
·section 106 (Maintenance of network facilities);
·section 231 (Installation of territory network facilities);
·section 232 (Maintenance of territory network facilities); or
(ii)a territory network protection notice given under that Act, section 249; or
(iii)any of the following under the Utilities (Technical Regulation) Act 2014:
·a network protection notice given under section 32;
·section 41D (Clearance from aerial lines—vegetation);
·section 41H (Maintenance of electrical infrastructure within network boundary—powers);
·section 41I (Inspection of electrical infrastructure outside network boundary); or
(iv)a plant pruning direction under the Public Unleased Land Act 2013, section 31 (Direction to prune tree etc overhanging public unleased land); or
(v)a plant removal direction under the Public Unleased Land Act 2013, section 34 (Direction to remove tree etc endangering public on public unleased land); or
(e)anything done in relation to a registered tree under any of the following provisions of the Utilities Act 2000 for the purpose of protecting life or property if it is not practicable because of the urgency of the situation to obtain an approval under section 29:
(i)section 106 (Maintenance of network facilities); or
(ii)section 232 (Maintenance of territory network facilities); or
(f)anything done in relation to a registered tree under any of the following provisions of the Utilities (Technical Regulation) Act 2014 for protecting life or property if it is not practicable because of the urgency of the situation to obtain an approval under section 29:
(i)section 41D (Clearance from aerial lines—vegetation);
(ii)section 41H (Maintenance of electrical infrastructure within network boundary—powers);
(iii)section 41I (Inspection of electrical infrastructure outside network boundary); or
(g)anything done in the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
(i)protecting life or property; or
(ii)controlling, extinguishing or preventing the spread of a fire.
(2)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
relevant person means—
(a)an emergency controller; or
(b)a member of the ambulance service; or
(c)a member of the fire and rescue service; or
(d)a member of the rural fire service; or
(e)a member of the SES; or
(f)any other person under the control of—
(i)an emergency controller; or
(ii)the chief officer (ambulance service); or
(iii)the chief officer (fire and rescue service); or
(iv)the chief officer (rural fire service); or
(v)the chief officer (SES); or
(g)a police officer.
Contravening tree protection conditions of development approval
(1)This section applies if—
(a)the conservator gives advice under section 82 in relation to a development; and
(b)the development has development approval; and
(c)the approval is subject to a condition (a tree protection condition) requiring a person to do or not do something in relation to—
(i)a protected tree; or
(ii)the protection zone for a protected tree; or
(iii)a declared site.
Example—tree protection condition—par (c)
A condition that the applicant comply with tree protection requirements of a tree management plan.
(2)A person commits an offence if the person contravenes a tree protection condition of the development approval.
Maximum penalty: 50 penalty units.
(3)A person commits an offence if—
(a)the person engages in conduct that contravenes a tree protection condition of the development approval; and
(b)the person engages in the conduct in doing work as part of a business involved in—
(i)property development or maintenance; or
(ii)any other activity in relation to land that may affect trees on the land.
Maximum penalty: 50 penalty units.
Examples—activities—par (b) (ii)
tree surgery, building, plumbing, landscaping, installing irrigation, concreting, earthwork, horticulture
(4)An offence against subsection (3) is a strict liability offence.
(5)In this section:
engage in conduct means—
(a)do an act; or
(b)omit to do an act.
Division 3.3 Approved activities
Criteria for approval
(1)The Minister may determine criteria (the approval criteria) for approving an activity that would or may—
(a)damage a protected tree; or
(b)be prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Application for approval of tree damaging etc activity
A person may apply, in writing, to the conservator for approval for an activity that would or may—
(a)damage a protected tree; or
(b)be prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
NoteA fee may be determined under s 109 for an application.
Further information for approval application
(1)The conservator may, by written notice given to the applicant, require the applicant to give the conservator further stated information or a document that the conservator reasonably needs to decide the application.
(2)If the applicant fails to comply with a requirement under subsection (1), the conservator may refuse to consider the application further.
Advisory panel advice on approval application
The conservator may ask the advisory panel for advice on the application.
24AApproval application may need to be referred to other entities
(1)The conservator must, within 3 days after the day the conservator receives the application, give a copy of the application to the following:
(a)if the application relates to a tree that forms part of a place with heritage significance—the heritage council;
(b)if the application relates to a tree that is an Aboriginal heritage tree—each representative Aboriginal organisation.
(2)However, the conservator is not required to give a copy of the application to an entity mentioned in subsection (1) if the conservator is satisfied that—
(a)the—
(i)applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and
(ii)entity agrees in writing to the activity proposed in the application; or
(b)if the entity is the heritage council—the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171.
(3)A written agreement to an activity mentioned in subsection (2) (a) (ii) is taken to be advice on the application received in accordance with section 24B.
24BTime for referral entity to give advice on application
(1)This section applies if an application is referred to an entity under section 24A.
(2)The entity must give the conservator the entity’s advice on the application not later than 10 working days after the day the conservator gives the application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period.
Note 1A written agreement to an activity proposed in the application is taken to be advice given in accordance with this section in relation to an application (see s 24A (3)).
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
24CEffect of no response by referral entity
If an entity does not give advice on an application referred to the entity in accordance with section 24B, the entity is taken to have given advice that the entity supports the application.
Decision on approval application
(1)Within 30 days after the day the conservator receives the application, the conservator must decide whether to approve the activity to which it relates.
(2)In working out the 30-day period, any period when a requirement under section 23 (1) was not complied with is disregarded.
(3)In making a decision on the application, the conservator must have regard to—
(a)the approval criteria; and
(b)the advice (if any) of the advisory panel; and
(c)the advice (if any) of an entity to which the application was referred under section 24A; and
(d)anything else the conservator considers relevant.
(4)An approval may be given subject to conditions stated in the approval.
Notice of decision on approval application
(1)For an application in relation to a declared site, the conservator must give written notice of the decision on the application to—
(a)the applicant; and
(b)the lessee of, or land management agency for, the land where the site is located; and
(c)the territory planning authority.
(2)For any other application, the conservator must give written notice of the decision on the application to—
(a)the applicant; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)the lessee of, or land management agency for, the land where the activity is to be undertaken; and
(d)the lessee of land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(e)if the application relates to a tree that has heritage significance—the heritage council; and
(f)if the application relates to an Aboriginal heritage tree—each representative Aboriginal organisation.
(3)However, the conservator need not give more than 1 notice to a particular person.
(4)The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
Operation of approval
(1)Subject to section 106 (Applications for reconsideration), an approval takes effect on the date stated in the notice of decision.
(2)The date stated in the notice must be at least 14 days after the day the notice is given to the applicant.
(3)Unless sooner cancelled, the approval remains in force for the period stated in the approval.
(4)The conservator may, in writing, extend the approval for a stated period if satisfied that the activity still satisfies the approval criteria.
(5)The approval may be extended under subsection (4) even if it has already ended.
Cancellation of approval
(1)The conservator may cancel an approval if satisfied that the activity approved does not satisfy, or no longer satisfies, the approval criteria.
(2)For an approval in relation to a declared site, the conservator must give written notice of the cancellation to—
(a)the applicant; and
(b)the lessee of, or land management agency for, the land where the site is located; and
(c)the territory planning authority.
(3)For any other approval, the conservator must give written notice of the cancellation to—
(a)the applicant; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)the lessee of, or land management agency for, the land where the activity was approved to be undertaken; and
(d)the lessee of land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree.
(4)However, the conservator need not give more than 1 notice to a particular person.
(5)For subsection (2) (a) and (3) (a), it is sufficient if the conservator sends the notice to the applicant at the address last given to the conservator by the applicant.
(6)The conservator may give written notice of the cancellation to anyone else the conservator considers appropriate.
(7)Subject to section 106 (Applications for reconsideration), the cancellation takes effect on the date stated in the notice of cancellation.
(8)The date stated in the notice must be at least 14 days after the day the notice is given to the applicant.
Approval in urgent circumstances or for minor works
(1)A person may apply to the conservator under this section for an approval for an activity that would or may—
(a)damage a protected tree; or
(b)be prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
(2)The application may be made orally or in writing.
(3)The conservator may approve the activity if satisfied that—
(a)the circumstances require the application to be considered urgently; and
(b)the activity is necessary to protect the health or safety of people or animals, or public or private property.
(4)The conservator may also approve an activity that is, or may be, major pruning or prohibited groundwork in the protection zone for a protected tree if the conservator is satisfied the activity will have little or no adverse impact on the health or stability of the tree.
(5)The approval may be given orally or in writing but the conservator must make a written record of any oral approval as soon as practicable after giving it.
(6)The approval may be given subject to conditions stated in the approval.
(7)The conservator must give written notice of the decision on the application to the applicant.
(8)Unless sooner cancelled, the approval has effect for the period stated in the approval.
Contravening conditions of approval
(1)A person commits an offence if the person contravenes a condition of an approval given to the person under section 25 or section 29.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Part 4Tree management plans
Note 1A tree management plan may provide for activities that may be undertaken in relation to a tree and may set out conditions about how the activities are to be undertaken. Anything done in relation to a protected tree in accordance with a tree management plan for the tree is an exception to the offences against s 15 (Damaging protected trees—general) and s 17 (Doing prohibited groundwork—general).
Note 2This part also operates for an amendment or repeal of a tree management plan (see Legislation Act, s 46 (Power to make instrument includes power to amend or repeal)).
Guidelines for tree management plans
(1)The conservator may determine guidelines for tree management plans.
(2)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Proposal or application for approval of tree management plan
(1)The conservator may, on the conservator’s own initiative, propose a tree management plan for a registered tree.
(2)The land management agency for the land where a registered tree is located may apply for a tree management plan for the tree.
(3)Anyone else may apply for approval of a tree management plan for any tree on leased land in a built-up urban area.
NoteA fee may be determined under s 109 for an application.
(4)An application under subsection (2) or (3) must be in writing and must be given to the conservator.
(5)The conservator may refuse to consider an application if satisfied that an adequate tree management plan is already in force for the tree.
Further information for tree management plan application
(1)The conservator may, by written notice given to the applicant, require the applicant to give the conservator further stated information or a document that the conservator reasonably needs to decide the application.
(2)If the applicant fails to comply with a requirement under subsection (1), the conservator may refuse to consider the application further.
Advisory panel advice on proposed tree management plan
The conservator may ask the advisory panel for advice on the proposal or application.
34AProposal or application may need to be referred to other entities
(1)The conservator must, within 3 days after the day the conservator makes the proposal, or receives the application, give a copy of the proposal or application to the following:
(a)if the proposal or application relates to a tree that forms part of a place with heritage significance—the heritage council;
(b)if the proposal or application relates to a tree that is an Aboriginal heritage tree—each representative Aboriginal organisation.
(2)However, the conservator is not required to give a copy of the application to an entity mentioned in subsection (1) if the conservator is satisfied that—
(a)the—
(i)applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and
(ii)entity agrees in writing to the activity proposed in the application; or
(b)if the entity is the heritage council—the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171.
(3)A written agreement to an activity mentioned in subsection (2) (a) (ii) is taken to be advice on the application received in accordance with section 34B.
34BTime for referral entity to give advice on proposal or application
(1)This section applies if a proposal or application is referred to an entity under section 34A.
(2)The entity must give the conservator the entity’s advice on the proposal or application not later than 10 working days after the day the conservator gives the proposal or application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period.
Note 1A written agreement to an activity proposed in the proposal or application is taken to be advice given in accordance with this section in relation to an application (see s 34A (3)).
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
34CEffect of no response by referral entity
If an entity does not give advice on a proposal or application referred to the entity in accordance with section 34B, the entity is taken to have given advice that the entity supports the proposal or application.
Decision on tree management plan
(1)If the conservator proposes, or receives an application for approval of, a tree management plan, the conservator must decide whether to approve the plan.
(2)For a tree management plan for which approval is applied for, the conservator must make the decision within 30 days after the day the conservator receives the application.
(3)In working out the 30-day period, any period when a requirement under section 33 (1) was not complied with is disregarded.
(4)In making the decision, the conservator must have regard to—
(a)the guidelines approved under section 31; and
(b)the advice (if any) of the advisory panel; and
(c)the advice (if any) of an entity to which the application was referred under section 34A; and
(d)anything else the conservator considers relevant.
(5)If the conservator approves a tree management plan for a registered tree, the conservator must include details of the plan in the tree register.
Notice of decision on tree management plan
(1)The conservator must give written notice of the decision on the tree management plan to the applicant (if any).
(2)If the decision is to approve the tree management plan, the conservator must also give written notice of the decision to—
(a)the lessee of, or land management agency for, the land where the tree is located; and
(b)if the tree is on leased land—the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(c)if the plan is for a tree that the conservator considers may have heritage significance—the heritage council; and
(d)if the plan is for an Aboriginal heritage tree—each representative Aboriginal organisation.
(3)However, the conservator need not give more than 1 notice to a particular person.
(4)The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
Operation of tree management plan
(1)Subject to section 106 (Applications for reconsideration), a tree management plan takes effect on the date stated in the notice of decision.
(2)The date stated in the notice must be at least 14 days after the day the notice is given to—
(a)the applicant; or
(b)for a tree management plan proposed on the conservator’s own initiative—the people mentioned in section 36 (2).
Part 5Tree management precincts
Criteria for tree management precincts
(1)The Minister may determine criteria for declaring an area of land in a built-up urban area to be a tree management precinct.
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Tree management precinct declaration
(1)The Minister may declare a stated area of land in a built‑up urban area to be a tree management precinct.
(2)The Minister may declare an area of land in a built-up urban area to be a tree management precinct only if satisfied that the area satisfies the criteria determined under section 38.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 6Tree register
Meaning of registered treefor pt 6
In this part:
registered tree does not include a provisionally registered tree.
Tree register
(1)The conservator must keep a register of trees (the tree register).
(2)The tree register must include—
(a)for each provisionally registered tree—
(i)everything required to be entered in the register under section 48; and
(ii)the tree management plan (if any) for the tree; and
(b)for each registered tree—
(i)everything required to be entered in the register under section 54 (2); and
(ii)the tree management plan (if any) for the tree; and
(c)for each declared site—
(i)a description of the area that is the declared site; and
(ii)the date the declaration was made; and
(d)the following information about any activity in relation to a provisionally registered or registered tree, or a declared site, for which an approval under division 3.3 is in force:
(i)the activity approved;
(ii)any conditions to which the approval is subject;
(iii)the period of the approval; and
(e)any changes to the information in the register that are necessary to keep the register up-to-date.
(3)The tree register may also include any other information the conservator considers relevant.
Correction of tree register
The conservator may correct a mistake or omission in the tree register subject to the requirements (if any) prescribed by regulation.
Inspection of tree register
(1)A person may, without charge, inspect the tree register during ordinary office hours at the office of the conservator.
(2)A person may make a copy of all or part of the tree register.
NoteA fee may be determined under s 109 for s (2).
Restricted information in tree register
(1)This section applies if anything required to be entered in the tree register in relation to a tree is restricted information.
(2)The conservator must include a statement in the register about the effect of subsections (3) and (4).
(3)The restricted information must not be disclosed or copied under section 43 except in accordance with subsection (4).
(4)The restricted information may be made available for inspection or copying only if the publication of the information is approved under section 66 (Approval to publish restricted information).
Part 7Registration of trees
Division 7.1 Criteria for registration and cancellation
Criteria for registration and cancellation of registration
(1)The Minister may determine—
(a)criteria (the registration criteria) for the registration of a tree; and
(b)criteria (the cancellation criteria) for the cancellation of the registration of a tree.
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Division 7.2 Registration process
Nomination for registration
(1)Anyone (including the conservator) may nominate a tree in a built‑up urban area for registration.
NoteA fee may be determined under s 109 for a nomination.
(2)A nomination must be in writing and must be given to the conservator.
Decision on provisional registration
(1)Within 6 months after the day the conservator receives a nomination for a tree, the conservator must decide whether to provisionally register the tree.
(2)The conservator may provisionally register a tree only if the conservator considers the tree may satisfy the registration criteria.
(3)The conservator may refuse to consider a nomination if satisfied the nomination is frivolous or vexatious.
Provisional registration
If the conservator decides to provisionally register a tree, the conservator must provisionally register the tree by entering in the tree register—
(a)enough information to enable the tree to be identified; and
(b)if practicable, the tree’s botanical name and any relevant horticultural information; and
(c)a description of the protection zone for the tree; and
(d)an indication that the registration is provisional; and
(e)the period of the provisional registration.
Notice of decision on provisional registration
(1)The conservator must give written notice of a decision under section 47 to—
(a)the person who nominated the tree for registration; and
(b)the lessee of, or land management agency for, the land that includes all or part of the protection zone for the tree; and
(c)if the conservator considers the tree may have heritage significance—the heritage council.
(2)However, the conservator need not give more than 1 notice to a particular person.
(3)The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
(4)The conservator must also give public notice of a decision.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(5)A notice under this section must include—
(a)enough information to enable the tree to be identified; and
(b)a statement to the effect that any comments on the proposed registration of the tree may be given to the conservator on or before the closing date stated in the notice.
(6)The closing date must be at least 21 days after the day public notice is given under subsection (4).
(7)A notice under this section must not include restricted information.
Consultation on proposed registration
(1)After making a decision under section 47, the conservator must ask the advisory panel for advice on the proposed registration of the tree.
(2)If the conservator considers the tree may have heritage significance, the conservator must also ask the heritage council for advice on the proposed registration.
(3)If the tree is an Aboriginal heritage tree, the heritage council must consult, and consider the views of, each representative Aboriginal organisation before giving the conservator advice on the proposed registration.
Period of provisional registration
(1)The provisional registration of a tree is for 1 year beginning on the day it is provisionally registered.
(2)However, the provisional registration ends if, within the year—
(a)the tree is registered; or
(b)the conservator decides not to register the tree and either—
(i)the appeal period has ended and no appeal has been made; or
(ii)any appeal has been finally decided and is unsuccessful.
(3)The conservator may provisionally register a tree more than once.
Decision on registration
(1)Within 1 year after the day the tree is provisionally registered, the conservator must decide whether to register the tree.
(2)In deciding whether to register the tree, the conservator must have regard to—
(a)any advice on the proposed registration given to the conservator by the advisory panel or the heritage council; and
(b)any comments received on the proposed registration on or before the closing date stated in the notice under section 49.
NoteA decision under this section is a reviewable decision (see s 104, def reviewable decision).
(3)The conservator may register the tree only if the conservator considers the tree satisfies the registration criteria.
Notice of decision on registration
(1)The conservator must give written notice of a decision under section 52 to—
(a)the person who nominated the tree for registration; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)if the tree is on leased land—the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(d)anyone who gave the conservator—
(i)written comments about the proposed registration; and
(ii)contact details for notification of the conservator’s decision; and
(e)if the heritage council gave advice on the proposed registration—the heritage council.
(2)However, the conservator need not give more than 1 notice to a particular person.
(3)The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
(4)If the decision is to register the tree, the conservator must also give public notice of the decision.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(5)A notice under this section must not include restricted information.
Registration
(1)This section applies if—
(a)the conservator decides to register a tree; and
(b)either—
(i)the appeal period has ended and no appeal has been made; or
(ii)any appeal has been finally decided and is unsuccessful.
(2)The conservator must register the tree by entering in the tree register—
(a)a photograph or other image of the tree; and
(b)the tree’s location; and
(c)the tree’s botanical name and any relevant horticultural information; and
(d)a description of the protection zone for the tree; and
(e)a statement about the tree’s significance.
Division 7.3 Cancellation of registration
Proposal for cancellation of registration
(1)Anyone (including the conservator) may propose that the registration of a tree be cancelled.
NoteA fee may be determined under s 109 for a proposal.
(2)A proposal must be in writing and must be given to the conservator.
(3)The conservator may refuse to consider a proposal if satisfied the proposal is frivolous or vexatious.
Notice of proposed cancellation of registration
(1)Before considering a proposal for the cancellation of the registration of a tree, the conservator must give written notice of the proposed cancellation to—
(a)the person who proposed the cancellation; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)if the tree is on leased land—the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(d)if the tree register indicates that the tree has heritage significance—the heritage council.
(2)However, the conservator need not give more than 1 notice to a particular person.
(3)The conservator may give written notice of the proposed cancellation to anyone else the conservator considers appropriate.
(4)The conservator must also give public notice of the proposed cancellation.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(5)A notice under this section must include—
(a)an indication of whether the conservator considers that the proposed cancellation may satisfy the cancellation criteria; and
(b)if the conservator considers there may be grounds for making a declaration under section 61 in relation to the cancellation—an indication of that fact; and
(c)a statement to the effect that any comments about the proposed cancellation may be given to the conservator by the closing date stated in the notice.
(6)The closing date must be at least 21 days after the day public notice is given under subsection (4).
(7)A notice under this section must not include restricted information.
Consultation on proposed cancellation of registration
(1)After giving notice under section 56, the conservator must ask the advisory panel for advice on the proposed cancellation and any proposed declaration under section 61.
(2)If the tree register indicates that the tree has heritage significance, the conservator must also ask the heritage council for advice on the proposed cancellation.
(3)If the tree is an Aboriginal heritage tree, the heritage council must consult, and consider the views of, each representative Aboriginal organisation before giving the conservator advice on the proposed cancellation.
Decision on cancellation of registration etc
(1)Within 6 months after the day the conservator publishes the notice mentioned in section 56 (4), the conservator must decide whether to cancel the registration of the tree.
(2)In deciding whether to cancel the registration of the tree (and whether to make a declaration under section 61 in relation to the cancellation), the conservator must have regard to—
(a)any advice on the proposed cancellation or declaration given to the conservator by the advisory panel or the heritage council; and
(b)any comments received on the proposed cancellation or declaration on or before the closing date stated in the notice under section 56.
NoteA decision under this section is a reviewable decision (see s 104, def reviewable decision).
(3)The conservator may cancel the registration of the tree only if the conservator considers the cancellation satisfies the cancellation criteria.
Notice of decision on cancellation of registration
(1)The conservator must give written notice of a decision under section 58 to—
(a)the person who proposed the cancellation; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)if the tree is on leased land—the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(d)anyone who gave the conservator—
(i)written comments about the proposed cancellation of registration; and
(ii)contact details for notification of the conservator’s decision; and
(e)if the heritage council gave advice on the proposed cancellation—the heritage council.
(2)However, the conservator need not give more than 1 notice to a particular person.
(3)The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
(4)If the decision is to cancel the registration, the conservator must also give public notice of the decision.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(5)A notice under this section must not include restricted information.
Cancellation of registration
(1)This section applies if—
(a)the conservator decides to cancel the registration of a tree; and
(b)either—
(i)the appeal period has ended and no appeal has been made; or
(ii)any appeal has been finally decided and is unsuccessful.
(2)The conservator must cancel the registration of the tree by removing the entry about the tree from the tree register.
(3)However, if the conservator makes a declaration under section 61 in relation to the tree, the entry about the tree must remain in the register while the declaration is in force but must include a statement that the registration of the tree has been cancelled.
NoteDetails about declared sites must be entered in the register (see s 41).
Site declarations
(1)This section applies if—
(a)a registered tree is damaged by conduct other than conduct mentioned in section 19 (1); and
(b)the registration of the tree is cancelled; and
(c)the conservator is satisfied, on reasonable grounds, that the cancellation is reasonably attributable to the damage caused by the conduct.
(2)The conservator may declare the area that was the protection zone for the tree immediately before the registration was cancelled to be a declared site.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)Also—
(a)the conservator must give written notice of the declaration to—
(i)the lessee of the land where the tree is located; and
(ii)the territory planning authority; and
(b)the conservator may give written notice of the declaration to anyone else the conservator considers appropriate.
(5)Unless sooner revoked, a declaration has effect for 5 years from the day it is made.
Division 7.4 Death of tree from natural causes
61AApplication—div 7.4
This division applies if the conservator is satisfied, on reasonable grounds, that a registered tree has died of natural causes.
61BCancellation of registration of dead tree
(1)The conservator may cancel the registration of the tree.
(2)Division 7.3 does not apply to the cancellation.
61CNotice of cancellation of registration of dead tree
(1)The conservator must give written notice of a decision under section 61B to—
(a)the lessee of, or land management agency for, the land where the tree is located; and
(b)if the tree is on leased land—the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree.
(2)However, the conservator need not give more than 1 notice to a particular person.
(3)The conservator may give written notice of the decision to anyone else the conservator considers appropriate.
(4)The conservator must also give public notice of the decision.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(5)A notice under this section must not include restricted information.
61DCancellation of registration of dead tree—tree register
(1)This section applies if the conservator cancels the registration of a tree under section 61B.
(2)The conservator must remove the entry about the tree from the tree register.
Part 8Restricted information
Application of pt 8
This part applies in relation to—
(a)a registered tree; or
(b)a tree that has been nominated for registration.
Restricted non-Aboriginal information
(1)The conservator may, in writing, declare particular information about the location or nature of the tree to be restricted information.
(2)The conservator may make the declaration only if satisfied, on reasonable grounds, that public disclosure of the information would be likely to have a substantial adverse effect on the values for which the tree is or may be registered.
(3)The conservator must use the conservator’s best endeavours to give a copy of the declaration to—
(a)the person who nominated the tree for registration; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(d)if the tree has or may have heritage significance—the heritage council.
Restricted Aboriginal information
(1)If the tree is an Aboriginal heritage tree, information about the location or nature of the tree is restricted information unless the conservator declares in writing that it is not.
(2)Before making a declaration under subsection (1), the conservator must consult, and consider the views of, each representative Aboriginal organisation about the information.
(3)The conservator must use the conservator’s best endeavours to give a copy of the declaration to—
(a)the person who nominated the tree for registration; and
(b)the lessee of, or land management agency for, the land where the tree is located; and
(c)the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree; and
(d)the heritage council; and
(e)each representative Aboriginal organisation.
Restricted information not to be published without approval
(1)A person commits an offence if the person—
(a)publishes restricted information about a tree; and
(b)knows that the information is restricted information.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply if the publication is—
(a)in accordance with an approval under section 66; or
(b)for the exercise of a function under this Act or another territory law; or
(c)by an Aboriginal person to another Aboriginal person and is about an Aboriginal heritage tree.
Approval to publish restricted information
(1)The conservator may approve the publication of restricted information about a tree if satisfied that the publication will not have a substantial adverse effect on the values for which the tree is or may be registered.
(2)An approval may be given only on application.
(3)An approval must be given in writing to the applicant.
(4)An application must be in writing and must—
(a)identify the restricted information proposed to be published; and
(b)state the reason for the publication; and
(c)state the nature of the publication, including the person, people or kind of people to whom it would be directed.
NoteA fee may be determined under s 109 for an application.
Limited access to restricted information
(1)This section applies if—
(a)land is offered for sale; and
(b)an interested person for the land applies to the conservator for access to restricted information relevant to the conservation and use of the land.
NoteA fee may be determined under s 109 for an application.
(2)The conservator must give the applicant the restricted information sought, together with a written explanation about the operation of this part.
(3)In this section:
interested person—each of the following is an interested person for land where a tree is located:
(a)someone considering buying an interest in the land;
(b)the person who nominated the tree for registration;
(c)the lessee of, or land management agency for, the land where the tree is located;
(d)the lessee of, or land management agency for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree;
(e)if the tree has or may have heritage significance—the heritage council;
(f)if the tree is an Aboriginal heritage tree—each representative Aboriginal organisation.
Part 9Tree advisory panel
Establishment of advisory panel
The Tree Advisory Panel is established.
Members of advisory panel
(1)The advisory panel consists of 3 or more members appointed by the Minister.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)A member must be appointed to the advisory panel for a term of at least 1 year and not longer than 2 years.
(3)The Minister must not appoint a person to the advisory panel unless the person has extensive experience in 1 or more of the following fields:
(a)arboriculture;
(b)forestry;
(c)horticulture;
(d)landscape architecture;
(e)natural and cultural heritage.
(4)The panel must include—
(a)1 or more members with extensive experience in arboriculture or forestry; and
(b)members who between them include people with extensive experience in 2 or more of the fields mentioned in subsection (3).
Functions of advisory panel
The advisory panel has the following functions:
(a)to give any advice requested by the conservator, including advice on the following:
(i)an application for approval of an activity under division 3.3;
(ii)an application for approval of a tree management plan;
(iii)the proposed registration of a tree;
(iv)the proposed cancellation of registration of a tree;
(v)a request for reconsideration of a decision; and
(b)to give other advice to the conservator on anything relevant to the conservator’s functions in relation to tree protection.
Ending appointment—advisory panel members
The Minister may, by written notice to a member of the advisory panel, end the member’s appointment to the advisory panel—
(a)for misbehaviour or physical or mental incapacity; or
(b)for contravening section 72.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Disclosure of interests—advisory panel members
(1)This section applies if—
(a)a member of the advisory panel has a direct or indirect financial interest or personal interest in an issue in relation to which the advisory panel has been asked to advise the conservator; and
(b)the interest could conflict with the proper exercise of the advisory panel’s functions in relation to the advice.
(2)As soon as practicable after the member or the advisory panel becomes aware of the relevant facts, the member or advisory panel must disclose the nature of the interest to the conservator.
(3)The member must not advise, or further advise, the conservator in relation to the issue, unless the conservator directs otherwise.
(4)Within 14 days after the end of each financial year, the conservator must give the Minister a statement of any disclosure of interest made under this section, and any direction given by the conservator, during the financial year.
Advisory panel’s procedures etc
A regulation may prescribe procedures of the advisory panel, including how decisions are made by the panel.
Examples—what a regulation may prescribe
1 the quorum at meetings of the advisory panel
2 who is to preside at meetings of the advisory panel
3 how questions are to be resolved at meetings of the advisory panel
Delegation by advisory panel
(1)The advisory panel may delegate any of its functions to a member of the advisory panel subject to the requirements (if any) prescribed by regulation.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the advisory panel may only delegate the following functions to a member of the panel with extensive experience in arboriculture, forestry or horticulture:
(a)giving advice to the conservator in relation to an approval of an activity under division 3.3;
(b)giving advice to the conservator in relation to an approval of a tree management plan.
Part 10Tree protection directions
Criteria for tree protection directions
(1)The conservator may determine criteria for the giving of tree protection directions.
(2)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Conservator may give tree protection directions
(1)The conservator may give the owner or occupier of land where a protected tree is located, or anyone undertaking an activity that may affect a protected tree, a written direction (a tree protection direction) to do or not do something for the protection of the tree.
Example
to erect a fence around a tree
(2)A direction may only be given in accordance with the criteria determined under section 75.
(3)The direction must state the period for which it is in force.
(4)In this section:
protected tree includes a tree that has been nominated for registration under section 46 if the conservator has not decided whether to provisionally register, or refused to consider the nomination, under section 47.
Service of tree protection direction
(1)A tree protection direction may be given to the owner or occupier of land by leaving it, secured conspicuously, on or at the land.
(2)A tree protection direction may be given to anyone undertaking an activity that may affect a protected tree by leaving it, secured conspicuously, at the place where the activity is being undertaken.
NoteFor how directions may be served generally, see the Legislation Act, pt 19.5.
Contravention of tree protection direction—offence
A person commits an offence if the person intentionally contravenes a tree protection direction.
Maximum penalty: 50 penalty units.
Contravention of tree protection direction—action by authorised person
(1)This section applies if a person does not comply with a tree protection direction requiring the person to do something in relation to a tree.
(2)An authorised person, or anyone else authorised by the conservator for this section, may enter the land where the tree is located and—
(a)do the thing stated in the direction; or
(b)do or finish any work stated in the direction.
(3)The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given.
(4)The conservator must give the lessee of the land where the tree is located written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin.
(5)The conservator may give written notice of the proposed action to anyone else the conservator considers appropriate.
(6)The notice must include the following:
(a)a statement about the operation of this section;
(b)the purpose and nature of the proposed action;
(c)the time or times when the action is proposed to be taken;
(d)a statement about the obligations of the authorised person and the Territory under subsection (8).
(7)A person may waive the right to all or part of the minimum period of notice under subsection (4).
(8)Section 102 (Damage etc to be minimised) and section 103 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if—
(a)it were the exercise of a function under part 12 (Enforcement) by an authorised person or a person assisting an authorised person; and
(b)any changes prescribed by regulation, and all other necessary changes, were made.
Part 11Land development applications
Meaning of development—pt 11
In this part:
development means a proposed development to which an application for development approval under the Planning Act 2023, chapter 7 applies.
Simplified outline
The following notes provide a simplified outline of this part and the Planning Act 2023, chapter 7 (Development assessment and approvals):
Note 1Certain development applications to be referred to conservator
The territory planning authority may be required to refer a development application to the conservator (see Planning Act 2023, s 170 and s 171).
Note 2Conservator to give advice about development application
The conservator gives advice to the territory planning authority, within the prescribed number of days, in relation to tree protection and the development (see Planning Act 2023, s 172). The conservator may also give the authority advice about tree protection on land subject to development under this Act, s 82.
Note 3Conservator’s advice to be considered
The conservator’s advice must be considered by the decision‑maker in deciding a development application referred to the conservator (see Planning Act 2023, s 186 (i), s 189 and s 190).
Note 4Approvals inconsistent with conservator’s advice
A development approval that is inconsistent with the conservator’s advice in relation to a regulated tree may be given by the decision‑maker in certain circumstances (see Planning Act 2023, s 190 (1) (a) (i)).
A development approval that is inconsistent with the conservator’s advice in relation to a registered tree or declared site may only be given by the Minister in certain circumstances for a territory priority project (see Planning Act 2023, s 190 (1) (a) (ii)).
Advice about tree protection on land subject to development
(1)This section applies if the conservator is satisfied, on reasonable grounds, that a development involves, or is likely to involve, an activity that would or may—
(a)damage a protected tree; or
(b)be prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
(2)The conservator may give the territory planning authority written advice in accordance with section 83 about the development.
NoteIf the territory planning authority refers a development application to the conservator under the Planning Act 2023, s 170 and s 171, the conservator must, within the number of days prescribed by regulation after the day the authority refers the application, give the territory planning authority advice in relation to the development application (see Planning Act 2023, s 172).
Requirements for conservator’s advice about tree protection
(1)This section applies if the conservator gives advice—
(a)under section 82 in relation to a development; or
(b)under the Planning Act 2023, section 172 in relation to a development application.
(2)The advice must include advice about tree protection requirements for each protected tree with a protection zone on, or partly on, the land subject to the development.
(3)Without limiting subsection (2), the advice may—
(a)include information about the trees on the land; and
(b)set out the changes (if any) the conservator considers should be made to any tree management plan or proposed tree management plan that relates to the development application, having regard to—
(i)the guidelines approved under section 31; and
(ii)the advice (if any) of the advisory panel; and
(iii)anything else the conservator considers relevant.
Part 12Enforcement
Division 12.1 General
Definitions for pt 12
In this part:
connected—a thing is connected with an offence if—
(a)the offence has been committed in relation to it; or
(b)it will provide evidence of the commission of the offence; or
(c)it was used, is being used, or is intended to be used, to commit the offence.
occupier, of premises, includes—
(a)a person believed, on reasonable grounds, to be an occupier of the premises; and
(b)a person apparently in charge of the premises.
NoteThe dictionary defines premises as including land.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed.
Internal review notices
If the conservator makes an internally reviewable decision, the conservator must give an internal review notice only to each entity mentioned in schedule 1, part 1.1, column 4 in relation to the decision.
NoteThe requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for reconsideration
(1)An entity mentioned in schedule 1, part 1.1, column 4 in relation to an internally reviewable decision may apply to the conservator for reconsideration of the decision.
(2)The application must be made within 14 days after the day the notice of decision is given to the entity.
(3)The application must be in writing and must set out the grounds on which reconsideration of the decision is sought.
(4)If the application is made in accordance with this section, the making of the application automatically stays the operation of the decision until the application is finally dealt with.
Reconsideration of decisions
(1)As soon as practicable after receiving an application for reconsideration of a decision (the first decision), the conservator must, in writing, ask the advisory panel for advice on the application.
(2)Within 30 days after the day the advisory panel receives the conservator’s request, the advisory panel must give the conservator its advice.
(3)Within 30 days after the day the conservator receives the advisory panel’s advice, the conservator must—
(a)reconsider the first decision having regard to the advisory panel’s advice; and
(b)confirm, vary or set aside the first decision.
107AReviewable decision notice
If a person makes a reviewable decision, the person must give a reviewable decision notice only to each entity mentioned in schedule 1, part 1.2, column 4 in relation to the decision.
NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
107BApplications for review
An entity mentioned in schedule 1, part 1.2, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Part 14Miscellaneous
Criminal liability of executive officers
(1)An executive officer of a corporation commits an offence if—
(a)the corporation commits a relevant offence; and
(b)the officer was reckless about whether the relevant offence would be committed; and
(c)the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and
(d)the officer failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.
(2)In deciding whether the executive officer took (or failed to take) all reasonable steps to prevent the commission of the offence, a court must consider any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):
(a)that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates;
(b)that the corporation implements any appropriate recommendation arising from such an assessment;
(c)that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;
(d)any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.
(3)Subsection (2) does not limit the matters the court may consider.
(4)Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5)This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.
(6)In this section:
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
relevant offence means an offence against any of the following:
(a)section 15 (Damaging protected trees—general);
(b)section 16 (2), (3) or (4) (Damaging protected trees—work done as part of a business);
(c)section 17 (1) or (2) (Doing prohibited groundwork—general);
(d)section 18 (2) or (3) (Doing prohibited groundwork—work done as part of a business).
Determination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Delegation of conservator’s functions
(1)The conservator may delegate the conservator’s functions under this Act to—
(a)a public employee; or
(b)an authorised person; or
(c)a person prescribed by regulation.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(2)However, the conservator must not delegate the function of—
(a)deciding under section 52 whether to register a tree; or
(b)deciding under section 58 whether to cancel the registration of a tree; or
(c)reconsidering a decision under section 107 (Reconsideration of decisions).
Incorporation of documents
A statutory instrument under this Act may apply, adopt or incorporate an instrument as in force from time to time.
NoteA reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
Inspection of incorporated documents
(1)This section applies to an incorporated document, or an amendment or replacement of an incorporated document.
NoteFor the meaning of incorporated document, see the dictionary.
(2)The director‑general must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of an administrative unit administered by the director‑general.
(3)In this section:
amendment, of an incorporated document—see section 114 (6).
Notification of certain incorporated documents
(1)This section applies to an incorporated document, or an amendment or replacement of an incorporated document.
Example—replacement document
a new edition of the incorporated document
(2)The director‑general may prepare a notice (an incorporated document notice) for the incorporated document, amendment or replacement that contains the following information:
(a)for an incorporated document—details of the document, including its title, author and date of publication;
(b)for a replacement of an incorporated document—details of the replacement, including its title, author and date of publication;
(c)for an amendment of an incorporated document—the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment;
(d)for an incorporated document or any amendment or replacement—
(i)a date of effect (no earlier than the day after the day of notification of the notice); and
(ii)details of how access to inspect the document, amendment or replacement may be obtained under section 113 (Inspection of incorporated documents); and
(iii)details of how copies may be obtained, including an indication of whether there is a cost involved.
(3)An incorporated document notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)An incorporated document, and any amendment or replacement of an incorporated document, has no effect under this Act unless—
(a)an incorporated document notice is notified in relation to the document, amendment or replacement; or
(b)the document, amendment or replacement is notified under the Legislation Act, section 47 (6).
(5)The Legislation Act, section 47 (7) does not apply in relation to incorporated documents.
(6)In this section:
amendment, of an incorporated document, includes an amendment of a replacement for the incorporated document.
replacement, for an incorporated document, means—
(a)a document that replaces the incorporated document; or
(b)a document (an initial replacement) that replaces a document mentioned in paragraph (a); or
(c)a document (a further replacement) that replaces an initial replacement or any further replacement.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.
Schedule 1Reviewable decisions
(see pt 13)
Part 1.1Internally reviewable decisions
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 25 | approve, or refuse to approve, activity | applicant for approval, heritage council, representative Aboriginal organisation |
| 2 | 28 | cancel approval of activity | person who held approval |
| 3 | 35 | approve, or refuse to approve, tree management plan | applicant for approval, heritage council, representative Aboriginal organisation |
Part 1.2Reviewable decisions
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 52 | approve, or refuse to approve, registration of tree | person given written notice, under section 53 (1) (a), (b), (c) or (e), of registration decision |
| 2 | 58 | cancel, or refuse to cancel, registration of tree | person given written notice, under section 59 (1) (a), (b), (c) or (e), of decision to cancel, or refuse to cancel, registration |
| 3 | 61 | make declaration | lessee of land to which declaration relates |
| 4 | 66 | approve, or refuse to approve, publication of restricted information | applicant for approval |
| 5 | 76 | give tree protection direction | owner or occupier of land to which direction relates |
| 6 | 107 | confirm, vary or set aside first decision | entity who is given internal review notice for decision mentioned in schedule 1, part 1.1, in relation to decision to be reviewed |
Dictionary
(see s 4)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· appoint
· chief officer (fire and rescue service)
· chief officer (rural fire service)
· conservator of flora and fauna
· contravene
· exercise
· function
· heritage council
· home address
· public employee
· public servant
· reviewable decision notice
· territory planning authority.
Aboriginal heritage tree—a tree is an Aboriginal heritage tree if it is of particular significance to Aboriginal people because of either or both of the following:
(a)Aboriginal tradition;
(b)the history, including contemporary history, of any Aboriginal people of the area where the tree is located.
advisory panel means the Tree Advisory Panel established under section 68.
appeal, in relation to a reviewable decision, means an application to the ACAT to review the decision.
appeal period means the period within which an appeal may be made.
approval criteria—see section 21.
AS 4373 means AS 4373-2007 (Pruning of amenity trees), as in force from time to time.
NoteAS 4373 may be purchased at premises includes in or on the premises.
authorised person means an authorised person under section 85.
built-up urban area—see section 7.
cancellation criteria—see section 45 (1).
connected, for part 12 (Enforcement)—see section 84.
conservator means the conservator of flora and fauna.
damage a protected tree—see section 12.
declared site means an area declared to be a declared site under section 61.
development, for part 11 (Land development applications)—see section 80.
development approval—see the Planning Act 2023, dictionary.
heritage significance—see the Heritage Act 2004, section 10.
incorporated document means an instrument applied, adopted or incorporated by a statutory instrument under this Act.
NoteA reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
internally reviewable decision, for part 13 (Notification and review of decisions)—see section 104.
internal review notice, for part 13 (Notification and review of decisions)—see section 104.
land management agency, for land where a tree is located, means the entity responsible for managing the use of the land under a law of the Territory or Commonwealth.
lopping—see section 12.
leased land means leased territory land, other than land leased for rural purposes, or purposes including rural purposes.
major pruning—see section 13.
occupier, of premises, for part 12 (Enforcement)—see section 84.
offence, for part 12 (Enforcement)—see section 84.
pollarding—see section 12.
premises includes land.
prohibited groundwork—see section 14.
protected tree—see section 8.
protection zone, for a protected tree—see section 11.
provisionally register a tree means provisionally register the tree under section 48.
register a tree means register the tree under section 54.
registered tree—
(a)for the Act—see section 9; but
(b)for part 6 (Tree register)—see section 40.
registration criteria—see section 45 (1).
regulated tree—see section 10.
representative Aboriginal organisation means—
(a)an organisation declared under the Heritage Act 2004, section 14 to be a representative Aboriginal organisation for that Act; or
(b)an organisation prescribed by regulation for this definition.
restricted information means information restricted under section 63 (Restricted non-Aboriginal information) or section 64 (Restricted Aboriginal information).
reviewable decision, for part 13 (Notification and review of decisions)—see section 104.
tree includes a palm tree.
tree management plan—
(a)for this Act generally—means a tree management plan approved under section 35; and
(b)in parts 2 to 4—includes a tree management plan approved under the Planning Act 2023, section 185 (5) (b).
tree management precinct—see section 10 (3).
tree protection direction—see section 76.
tree register—see section 41.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Tree Protection Act 2005 A2005-51
notified LR 29 September 2005
s 1, s 2 commenced 29 September 2005 (LA s 75 (1))remainder commenced 29 March 2006 (s 2 and LA s 79)
as amended by
Pest Plants and Animals Act 2005 A2005-21 sch 1 pt 1.4
notified LR 12 May 2005
s 1, s 2 commenced 12 May 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 29 March 2006 (LA s 79A and A2005-51)Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.30
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))sch 1 pt 1.30 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.101
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.101 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.71
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.71 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.80
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.80 commenced 17 December 2009 (s 2)
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.31
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))sch 3 pt 3.31 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.156
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.156 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.49
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.49 commenced 5 June 2012 (s 2 (2))
Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.10
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))sch 2 pt 2.10 commenced 1 July 2013 (s 2 and CN2013-9)
Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.9
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))sch 1 pt 1.9 commenced 22 February 2013 (s 2)
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.48
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))sch 3 pt 3.48 commenced 14 June 2013 (s 2)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.23
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))sch 3 pt 3.23 commenced 25 November 2013 (s 2)
Heritage Legislation Amendment Act 2014 A2014‑43 pt 3
notified LR 3 October 2014
s 1, s 2 commenced 3 October 2014 (LA s 75 (1))pt 3 commenced 4 October 2014 (s 2 (1))
Utilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.3
notified LR 8 December 2014
s 1, s 2 commenced 8 December 2014 (LA s 75 (1))
sch 2 pt 2.3 commenced 1 March 2015 (s 2 and CN2015-1)Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.63
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.63 commenced 14 October 2015 (s 2)Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.22
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))sch 1 pt 1.22 commenced 21 June 2016 (s 2)
Utilities (Technical Regulation) Amendment Act 2017 A2017‑34 sch 1
notified LR 8 November 2017
s 1, s 2 commenced 8 November 2017 (LA s 75 (1))sch 1 commenced 1 July 2018 (s 2 (1) and CN2018-5)
Tree Protection Amendment Act 2017 A2017‑37
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))remainder commenced 10 November 2017 (s 2)
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.36
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.36 commenced 23 October 2018 (s 2 (4))Emergencies Amendment Act 2020 A2020‑47 sch 1 pt 1.7
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))sch 1 pt 1.7 commenced 4 September 2020 (s 2)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.59
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.59 commenced 23 June 2021 (s 2 (1))Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.63
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.63 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)as repealed by
Urban Forest Act 2023 A2023-14 s 146 (1)
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
s 146 (1) commenced 1 January 2024 (s 2)
Amendment history
Commencement
s 2om LA s 89 (4)
Application of Act—built-up urban areas
s 7am A2011‑3 amdt 3.286
Regulated trees and tree management precincts
s 10am A2005‑21 amdt 1.15
Exceptions—tree damaging and prohibited groundwork offences
s 19am A2007‑25 amdt 1.170; A2012‑21 amdt 3.193, amdt 3.194; A2013‑3 amdt 2.32; A2014‑60 amdt 2.5, amdt 2.6; pars renum R15 LA; A2016‑33 amdt 1.50, amdt 1.51; A2017-34 amdt 1.1, amdt 1.2; pars renum R19 LA; A2020‑47 amdts 1.16-1.18; pars renum R21 LA; A2023-36 amdt 1.348
Contravening tree protection conditions of development approval
s 20am A2007‑25 amdt 1.171
Criteria for approval
s 21am A2011‑3 amdt 3.286
Application for approval of tree damaging etc activity
s 22am A2021-12 amdt 3.173
Approval application may need to be referred to other entities
s 24Ains A2014‑43 s 88
am A2023-36 amdt 1.349
Time for referral entity to give advice on application
s 24Bins A2014‑43 s 88
Effect of no response by referral entity
s 24Cins A2014‑43 s 88
Decision on approval application
s 25am A2014‑43 s 89; pars renum R14 LA
Notice of decision on approval application
s 26am A2023-36 amdt 1.357
Operation of approval
s 27am A2008‑37 amdt 1.494
Cancellation of approval
s 28am A2008‑37 amdt 1.495; A2023-36 amdt 1.357
Guidelines for tree management plans
s 31am A2011‑3 amdt 3.286
Proposal or application for approval of tree management plan
s 32am A2021-12 amdt 3.173
Proposal or application may need to be referred to other entities
s 34Ains A2014‑43 s 90
am A2023-36 amdt 1.349
Time for referral entity to give advice on proposal or application
s 34Bins A2014‑43 s 90
Effect of no response by referral entity
s 34Cins A2014‑43 s 90
Decision on tree management plan
s 35am A2014‑43 s 91; pars renum R14 LA
Operation of tree management plan
s 37am A2008‑37 amdt 1.496
Criteria for tree management precincts
s 38am A2011‑3 amdt 3.286
Tree management precinct declaration
s 39am A2011‑3 amdt 3.286
Criteria for registration and cancellation of registration
s 45am A2011‑3 amdt 3.286
Nomination for registration
s 46am A2021-12 amdt 3.173
Notice of decision on provisional registration
s 49am A2009‑20 amdt 3.208; A2015‑33 amdt 1.220, amdt 1.221
Decision on registration
s 52am A2008‑37 amdt 1.497
Notice of decision on registration
s 53am A2009‑20 amdt 3.208; A2015‑33 amdt 1.222
Proposal for cancellation of registration
s 55am A2021-12 amdt 3.173
Notice of proposed cancellation of registration
s 56am A2009‑20 amdt 3.208; A2015‑33 amdt 1.223, amdt 1.224
Decision on cancellation of registration etc
s 58am A2008‑37 amdt 1.497
Notice of decision on cancellation of registration
s 59am A2009‑20 amdt 3.208; A2015‑33 amdt 1.225
Site declarations
s 61am A2011‑3 amdt 3.286; A2023-36 amdt 1.357
Death of tree from natural causes
div 7.4 hdgins A2017‑37 s 4
Application—div 7.4
s 61Ains A2017‑37 s 4
Cancellation of registration of dead tree
s 61Bins A2017‑37 s 4
Notice of cancellation of registration of dead tree
s 61Cins A2017‑37 s 4
Cancellation of registration of dead tree—tree register
s 61Dins A2017‑37 s 4
Approval to publish restricted information
s 66am A2021-12 amdt 3.173
Limited access to restricted information
s 67am A2021-12 amdt 3.173
Establishment of advisory panel
s 68am A2013‑19 amdt 3.471
Criteria for tree protection directions
s 75am A2011‑3 amdt 3.286
Meaning of development—pt 11
s 80sub A2007‑25 amdt 1.172
am A2023-36 amdt 1.350
Simplified outline
s 81sub A2007‑25 amdt 1.172; A2023-36 amdt 1.351
Advice about tree protection on land subject to development
s 82am A2007‑25 amdt 1.173; A2023-36 amdt 1.352, amdt 1.357
Requirements for conservator’s advice about tree protection
s 83sub A2007‑25 amdt 1.174
am A2023-36 amdt 1.353
Appointment of authorised people
s 85am A2011‑22 amdt 1.444; A2013‑19 amdt 3.472
Identity cards
s 86am A2011‑22 amdt 1.444
Power to require name and address
s 91am A2009‑49 amdt 3.202
Warrants—application made other than in person
s 94am A2018‑33 amdt 1.69, amdt 1.70
Return of things seized
s 101am A2011‑22 amdt 1.444
Notification and review of decisions
pt 13 hdgsub A2008‑37 amdt 1.498
Definitions—pt 13
s 104sub A2008‑37 amdt 1.498
def internally reviewable decision ins A2008‑37 amdt 1.498
def internal review notice ins A2008‑37 amdt 1.498
def reviewable decision ins A2008‑37 amdt 1.498
Internal review notices
s 105sub A2008‑37 amdt 1.498
Applications for reconsideration
s 106sub A2008‑37 amdt 1.498
amA2021-12 amdt 3.173
Reconsideration of decisions
s 107sub A2008‑37 amdt 1.498
Reviewable decision notice
s 107Ains A2008‑37 amdt 1.498
Applications for review
s 107Bins A2008‑37 amdt 1.498
Criminal liability of executive officers
s 108am A2011‑3 amdt 3.284
sub A2013-4 amdt 1.11
Determination of fees
s 109am A2011‑3 amdt 3.286
Approved forms
s 110am A2011‑3 amdt 3.286
om A2021-12 amdt 3.174
Delegation of conservator’s functions
s 111am A2008‑37 amdt 1.499
Incorporation of documents
s 112am A2013‑44 amdt 3.197, amdt 3.198
Inspection of incorporated documents
s 113am A2011‑22 amdt 1.444
Notification of certain incorporated documents
s 114am A2011‑22 amdt 1.444; A2013‑44 amdt 3.199
Transitional
pt 15 hdgexp 29 March 2008 (s 123)
Definitions for pt 15
s 116exp 29 March 2008 (s 123)
Legislation repealed
s 117om LA s 89 (3)
Heritage trees
s 118exp 29 March 2008 (s 123)
Interim tree management precincts
s 119exp 29 March 2008 (s 123)
Approved activities
s 120exp 29 March 2008 (s 123)
Transitional regulations
s 121exp 29 March 2008 (s 123)
Legislation amended—sch 1
s 122om LA s 89 (3)
Expiry of pt 15
s 123exp 29 March 2008 (s 123)
Reviewable decisions
sch 1om LA s 89 (3)
ins A2008‑37 amdt 1.500
Internally reviewable decisions
sch 1 pt 1.1ins A2008‑37 amdt 1.500
sub A2014‑43 s 92
Reviewable decisions
sch 1 pt 1.2ins A2008‑37 amdt 1.500
am A2011‑3 amdt 3.285; A2017‑37 s 5
Dictionary
dictam A2008‑37 amdt 1.501; A2009‑20 amdt 3.209; A2009‑49 amdt 3.203; A2012‑21 amdt 3.195; A2015‑33 amdt 1.226; A2016‑33 amdt 1.52; A2023-36 amdt 1.354
def appeal sub A2008‑37 amdt 1.502
def AS 4373 sub A2013‑19 amdt 3.473
def development approval ins A2007‑25 amdt 1.175
sub A2023-36 amdt 1.355
def incorporated document am A2013‑44 amdt 3.200, amdt 3.201
def internally reviewable decision ins A2008‑37 amdt 1.503
def internal review notice ins A2008‑37 amdt 1.503
def Land Act om A2007‑25 amdt 1.176
def provisionally register am A2013‑19 amdt 3.474
def reviewable decision ins A2008‑37 amdt 1.503
def tree management plan sub A2007‑25 amdt 1.177
am A2023-36 amdt 1.356
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
29 Mar 200629 Mar 2006–
29 Mar 2008A2005‑21 new Act and amendments by A2005‑21 R2
30 Mar 200830 Mar 2008–
30 Mar 2008A2005‑21 commenced expiry R3
31 Mar 200831 Mar 2008–
1 Feb 2009A2007‑25 amendments by A2007‑25 R4
2 Feb 20092 Feb 2009–
21 Sept 2009A2008‑37 amendments by A2008‑37 R5
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R6
17 Dec 200917 Dec 2009–
28 Feb 2011A2009‑49 amendments by A2009‑49 R7
1 Mar 20111 Mar 2011–
30 June 2011A2011‑3 amendments by A2011‑3 R8
1 July 20111 July 2011–
4 June 2012A2011‑22 amendments by A2011‑22 R9
5 June 20125 June 2012–
21 Feb 2013A2012-21 amendments by A2012-21 R10
22 Feb 201322 Feb 2013–
13 June 2013A2013-4 amendments by A2013-4 R11
14 June 201314 June 2013–
30 June 2013A2013‑19 amendments by A2013‑19 R12
1 July 20131 July 2013–
24 Nov 2013A2013‑19 amendments by A2013‑3 R13
25 Nov 201325 Nov 2013–
3 Oct 2014A2013-44 amendments by A2013-44 R14
4 Oct 20144 Oct 2014–
28 Feb 2015A2014-43 amendments by A2014-43 R15
1 Mar 20151 Mar 2015–
13 Oct 2015A2014-60 amendments by A2014-60 R16
14 Oct 201514 Oct 2015–
20 June 2016A2015‑33 amendments by A2015‑33 R17
21 June 201621 June 2016–
9 Nov 2017A2016‑33 amendments by A2016‑33 R18
10 Nov 201710 Nov 2017–
30 June 2018A2017-37 amendments by A2017-37 R19
1 July 20181 July 2018–
22 Oct 2018A2017‑37 amendments by A2017-34 R20
23 Oct 201823 Oct 2018–
3 Sept 2020A2018‑33 amendments by A2018‑33 R21
4 Sept 20204 Sept 2020–
22 June 2021A2020‑47 amendments by A2020‑47 R22
23 June 202123 June 2021–
26 Nov 2023A2021‑12 amendments by A2021‑12 R23
27 Nov 202327 Nov 2023–
31 Dec 2023A2023‑36 amendments by A2023‑36
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