Urban Forest Act 2023 (ACT)
Urban Forest Act 2023
A2023-14
Republication No 3
Effective: 15 May 2025
Republication date: 15 May 2025
Last amendment made by A2024‑49
(republication for amendments by A2024‑11)
About this republication
The republished law
This is a republication of the Urban Forest Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 May 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 15 May 2025.
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).
Urban Forest Act 2023
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Part 2 Objects and important concepts
6 Objects of Act 4
7 Meaning of urban forest 4
8 Meaning of built-up urban area 5
9 Meaning of protected tree 6
10 Meaning of registered tree 6
11 Meaning of regulated tree 6
12 Meaning of remnant tree 8
13 Meaning of protection zone for protected tree 8
Part 3 Protection of trees
Division 3.1 Definitions
14 Meaning of damage 9
15 Meaning of prohibited groundwork 11
Division 3.2 Prohibited activities
Subdivision 3.2.1 Prohibited activities—offences
16 Offences—damaging protected trees 13
17 Offences—doing prohibited groundwork 14
Subdivision 3.2.2 Prohibited activities—exceptions
18 Exceptions—tree damaging and prohibited groundwork offences 15
19 Authorisation to carry out prohibited activities 19
Division 3.3 Approved activities
Subdivision 3.3.1 Approved activities—general
20 Criteria for approval of activities 19
21 Application for approval of tree damaging etc activity 20
22 Approval application—more information 21
23 Approval application—assessment of tree 21
24 Approval application—advisory panel advice 22
25 Approval application—referral to other entities 22
26 Approval application—time for referral entity to give advice 23
27 Approval application—effect of no response by heritage council 23
28 Approval application—decision 23
29 Approval application—notice of decision 24
30 Operation of approval 25
31 Cancellation of approval 26
32 Approval in urgent circumstances or for minor works 27
33 Offence—contravene condition of approval 28
Subdivision 3.3.2 Approved activities—canopy contributions
34 Definitions—sdiv 3.3.2 29
35 Decision on approval application—canopy contribution agreements 29
36 Canopy contribution agreements—conditions 31
37 Canopy contribution agreements—amendment 32
38 Canopy contribution agreements—payment management plans 33
39 Canopy contribution agreements—exemption 33
40 Canopy contribution agreements—use of financial settlement amounts 34
41 Canopy contribution agreements—annual reporting 35
42 Offence—contravene canopy contribution agreement 35
Division 3.4 Directions
Subdivision 3.4.1 Tree protection directions
43 Criteria for tree protection directions 36
44 Tree protection directions 36
45 Tree protection directions—service 37
46 Offence—fail to comply with tree protection direction 37
47 Contravention of tree protection direction—action by authorised person 37
Subdivision 3.4.2 Tree reparation directions
48 Tree reparation directions 39
49 Offence—fail to comply with tree reparation direction 40
50 Repair of damage etc by Territory 40
Part 4 Registration of trees
Division 4.1 Preliminary
51 Definitions—pt 4 43
52 Criteria for registration and cancellation of registration 43
Division 4.2 Tree register
53 Tree register 44
Division 4.3 Registration
54 Nomination for registration 45
55 Provisional registration—decision 45
56 Provisional registration—notice of decision 46
57 Provisional registration 47
58 Provisional registration—period 47
59 Consultation on proposed registration 48
60 Registration—decision 49
61 Registration—notice of decision 49
62 Registration 51
Division 4.4 Cancellation of registration—generally
63 Proposal for cancellation of registration 51
64 Notice of proposed cancellation of registration 52
65 Consultation on proposed cancellation of registration 53
66 Cancellation of registration etc—decision 53
67 Cancellation of registration—notice of decision 54
68 Cancellation of registration 55
69 Site declarations 55
Division 4.5 Cancellation of registration—natural death of tree
70 Cancellation of registration of dead tree 56
71 Cancellation of registration of dead tree—notice 56
72 Cancellation of registration of dead tree—tree register 57
Division 4.6 Restricted information
73 Application—div 4.6 57
74 Restricted information—Aboriginal cultural trees 57
75 Offence—disclose restricted information without approval 58
76 Approval to disclose restricted information 58
77 Limited access to restricted information—land for sale 59
Part 5 Management of trees
Division 5.1 Tree management plans
78 Tree management plans—proposal or application 61
79 Tree management plans—more information for application 62
80 Tree management plans—assessment of tree 62
81 Tree management plans—advisory panel advice on proposal or application 62
82 Tree management plans—referral of proposal or application to other entities 63
83 Tree management plans—time for referral entity to give advice 64
84 Tree management plans—effect of no response by heritage council 64
85 Tree management plans—decision 64
86 Tree management plans—notice of decision 65
87 Tree management plans—operation 66
88 Tree management plans—guidelines 66
89 Tree management plans—doing groundwork in protection zone 66
90 Offence—contravene tree management plan 67
Division 5.2 Tree bonds
91 Definitions—div 5.2 67
92 Tree bonds and tree bond agreements 67
93 Tree bond agreements—form and period 68
94 Tree bond agreements—guidelines 69
95 Tree bonds—release 70
96 Tree bonds—refusal to release 70
Division 5.3 Tree advisory panel
97 Advisory panel—establishment 71
98 Advisory panel—appointment of members 71
99 Advisory panel—membership 72
100 Advisory panel—functions 72
101 Advisory panel—ending appointments 73
102 Advisory panel—disclosure of members interests 73
103 Advisory panel—procedures 74
104 Advisory panel—delegation 74
Part 6 Development applications—conservator’s advice
105 Meaning of development—pt 6 75
106 Simplified outline—pt 6 75
107 Land subject to development—conservator may give advice about tree protection 76
108 Conservator’s advice about tree protection 77
109 Offences—contravene tree protection condition of development approval 77
Part 7 Enforcement
Division 7.1 Preliminary
110 Definitions—pt 7 80
Division 7.2 Authorised people
111 Appointment of authorised people 80
112 Identity cards 81
113 Authorised person must show identity card on exercising power 81
Division 7.3 Powers of authorised people
114 Power to enter premises 82
115 Production of identity card 83
116 Consent to entry 83
117 General powers on entry to premises 84
118 Power to seize things 85
119 Direction to give personal details 86
120 Offence—fail to comply with direction to give personal details 87
Division 7.4 Warrants
121 Warrants generally 87
122 Warrants—announcement before entry 88
123 Details of warrant to be given to occupier etc 89
124 Occupier entitled to be present during search etc 89
Division 7.5 Return and forfeiture of things seized
125 Receipt for things seized 90
126 Moving things to another place for examination or processing under warrant 90
127 Access to things seized 91
128 Return of things seized 92
Division 7.6 Miscellaneous
129 Damage etc to be minimised 93
130 Compensation for exercise of enforcement powers 93
Part 8 Notification and review of decisions
131 Definitions—pt 8 95
132 Internal review notices 95
133 Applications for internal review 95
134 Internal review 96
135 Reviewable decision notices 97
136 Applications for review 97
Part 9 Miscellaneous
137 Power to apply or disapply Act to entities or activities 98
138 Power to extend or suspend time periods in extraordinary circumstances 98
139 Code of practice—protected tree disputes 98
140 Criminal liability of executive officers 99
141 Delegation of decision-maker’s functions 100
142 Incorporation of documents 101
143 Determination of fees 101
144 Regulation-making power 101
145 Review of Act 102
Part 20 Transitional
300 Definitions—pt 20 103
301 Applications for approval made before commencement day 103
302 Approvals in force before commencement 103
303 Approvals in force with uncommenced extension 104
304 Applications for tree management plans made before commencement day 104
305 Nominations for tree registration before commencement day 105
306 Provisional registration of trees before commencement day 105
307 Registration of trees before commencement day 105
308 Proposal to cancel tree registration made before commencement day 105
309 Aboriginal heritage trees under repealed Act 106
310 Site declaration made before commencement day 106
311 Declarations under repealed Act, s 64 106
312 Approvals under repealed Act, s 66 106
313 Tree protection directions in force before commencement day 106
314 Authorised people 107
315 Instruments under repealed Act 107
316 Transitional regulations 108
317 Expiry—pt 20 108
Schedule 1 Reviewable decisions 109
Part 1.1 Internally reviewable decisions 109
Part 1.2 Reviewable decisions 110
Dictionary111
Endnotes
1 About the endnotes 117
2 Abbreviation key 117
3 Legislation history 118
4 Amendment history 119
5 Earlier republications 122
Urban Forest Act 2023
An Act for the protection of trees to support a sustainable urban forest, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Urban Forest Act 2023.
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 ‘future urban area—see the Planning Act 2023, dictionary.’ means that the term ‘future urban area’ is defined in the dictionary of that Act, 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.
Part 2Objects and important concepts
Objects of Act
The objects of this Act are—
(a)to support a resilient and sustainable urban forest that contributes to community wellbeing in a changing climate; and
(b)to protect and enhance the urban forest by recognising its value, including its cultural and heritage value; and
(c)to contribute to biodiversity in urban areas; and
(d)to support a target of the tree canopy covering 30% of the Territory’s urban areas.
Meaning of urban forest
In this Act:
urban forest means the trees located on land in—
(a)built-up urban areas; and
(b)future urban areas; and
(c)any area that is the subject of a subdivision design application.
NoteAn area of land ceases to be in a future urban area if the territory plan is amended because of the approval of a subdivision design application for the land (see Planning Act 2023, s 44 (2)).
Meaning of built-up urban area
(1)In this Act:
built-up urban area—
(a)means an area in any of the following zones identified in the territory plan:
(i)residential zone (RZ);
(ii)commercial zone (CZ);
(iii)community facility zone (CFZ);
(iv)industrial zone (IZ);
(v)urban open space zone (PRZ1); and
(b)includes an area that is a verge of a road, and the road is in or adjacent to a zone mentioned in paragraph (a); but
(c)does not include the following areas:
(i)a reserve;
(ii)an area in the hills, ridges and buffer zone (NUZ3);
(iii)a rural lease.
(2)Despite the definition of built-up urban area, paragraph (c), the Minister may declare an area mentioned in paragraph (c) to be a built‑up urban area.
(3)A declaration is a notifiable instrument.
(4)In this section:
reserve—see the Nature Conservation Act 2014, section 169.
rural lease—see the Planning Act 2023, section 256.
Meaning of protected tree
In this Act:
protected tree means—
(a)each of the following trees located on land in built-up urban areas:
(i)a registered tree;
(ii)a regulated tree;
(iii)a tree on public unleased land (a public tree); and
(b)a registered tree or a remnant tree located on land in—
(i)a future urban area; or
(ii)an area that is the subject of a subdivision design application.
Meaning of registered tree
In this Act:
registered tree means a tree that is registered or provisionally registered under part 4 (Registration of trees).
Meaning of regulated tree
(1)In this Act:
regulated tree means—
(a)a living tree on leased land that—
(i)is at least 8m high; or
(ii)has a canopy at least 8m wide; or
(iii)has 1 trunk that, 1.4m above natural ground level, has—
(A)a circumference of at least 1m; or
(B)a diameter of at least 318mm; or
(iv)has 2 or more trunks and, 1.4m above natural ground level, the average circumference of the trunks is at least 625mm, and—
(A)the sum of the circumferences of each trunk is at least 1m; or
(B)the sum of the diameters of each trunk is at least 318mm; or
(v)regardless of the size of the tree—has been planted for not more than 5 years—
(A)under a canopy contribution agreement; or
(B)in accordance with a tree protection condition of a development approval; or
(b)a dead native tree on leased land that, 1.4m above natural ground level, has a trunk with—
(i)a circumference of at least 1.88m; or
(ii)a diameter of at least 600mm.
(2)However, a tree is not a regulated tree if it is—
(a)a declared pest; or
(b)a registered tree.
(3)In this section:
circumference of a trunk—
(a)includes bark that is intact but does not include vines; and
(b)is measured using a measuring tape wrapped around the tree meeting at 2 points.
declared pest—see the Biosecurity Act 2023, section 11 (2).
native plant—see the Nature Conservation Act 2014, section 14.
native tree means a tree that is—
(a)a native plant; and
(b)at least 2m high.
Meaning of remnant tree
In this Act:
remnant tree means a native tree that is a remnant of, or has regenerated from, the original vegetation that existed on the land where the tree is located.
Examples
Eucalyptus blakelyi, Eucalyptus mannifera, Eucalyptus rossii, Eucalyptus macrorhyncha, Eucalyptus melliodora, Eucalyptus polyanthemos, Eucalyptus albens, Eucalyptus dives, Eucalyptus bridgesiana
Meaning of protection zone for protected tree
(1)For this Act, 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
(1)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)remove a hollow from the tree;
(f)minor damage or anything else done to or in relation to the tree that—
(i)is likely to cause it to die; or
(ii)significantly reduces its life expectancy; or
(iii)significantly and adversely affects its health, stability or general appearance.
Examples
1 damage a protected tree’s trunk or canopy by means of a machine
2 damage a protected tree’s root system by cutting or ripping its roots or compacting the soil
3 deface a protected tree by attaching items, such as nails or wire, to the tree or graffitiing the tree
4 contaminate soil around a protected tree by spilling chemicals or washing down construction products, such as cement, around the tree
(2)However, damage does not include—
(a)minor pruning of a regulated tree; or
(b)any cultural heritage practice undertaken in relation to a protected tree.
Example—par (b)
scarring or similarly modifying a tree
(3)In this section:
hollow means a cavity in the trunk or branch of a tree.
major pruning, of a tree, means pruning other than lopping, pollarding or minor pruning.
minor damage, to a tree, means—
(a)removing, cutting or breaking a branch of the tree; or
(b)cutting branches or stems of the tree between branch unions (lopping); or
(c)removing branches of the tree to a previously pruned or lopped point (pollarding); or
(d)major pruning of the tree; or
(e)defacing the tree.
minor pruning, of a tree, means pruning that—
(a)only involves removing deadwood; or
(b)does not involve removing any limbs that have a diameter greater than 100mm; or
(c)does not adversely affect the general appearance of the tree; or
(d)for 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; or
(e)for a fruit tree—is done for fruit production.
Meaning of prohibited groundwork
(1)For this Act, a person does prohibited groundwork in the protection zone for a protected tree if the person—
(a)contaminates the soil in the protection zone with something that is poisonous to trees; or
(b)damages the tree’s root system in the protection zone; or
(c)engages in conduct that would compact the soil in at least 10% of the protection zone; or
(d)excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or
(e)raises the soil level by more than 100mm above the natural ground level over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or
(f)does anything else prescribed by regulation that—
(i)is likely to cause the tree to die; or
(ii)significantly reduces the tree’s life expectancy; or
(iii)significantly and adversely affects the tree’s health, stability or general appearance.
Examples—par (b)—damages protected tree’s root system
1 cuts or rips a protected tree’s root system, whether by machine or otherwise
2 reduces the permeable surface around a protected tree
3 compacts or contaminates the soil around a protected tree
Examples—par (c)—conduct that would compact soil
1 park a heavy vehicle on the soil in a protected tree’s protection zone
2 install a concrete slab or non-permeable pavers over a protected tree’s protection zone
3 store heavy materials in a protected tree’s protection zone
4 use a compaction machine on the soil in a protected tree’s protection zone
5 place a shipping container in a protected tree’s protection zone
Examples—pars (d) and (e)—cultivation for horticultural purposes
1 preparing garden beds for planting
2 planting trees and shrubs
(2)For this Act, a person does prohibited groundwork in a declared site if the person—
(a)excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or
(b)raises the soil level by more than 100mm above the natural ground level over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or
(c)does anything else prescribed by regulation.
Examples—pars (a) and (b)—cultivation for horticultural purposes
1 preparing garden beds for planting
2 planting trees and shrubs
Division 3.2 Prohibited activities
Subdivision 3.2.1 Prohibited activities—offences
Offences—damaging protected trees
(1)A person commits an offence if—
(a)the person engages in conduct that damages a protected tree; and
(b)the person intends to damage the protected tree.
Maximum penalty: 500 penalty units.
(2)A person commits an offence if—
(a)the person engages in conduct that damages a protected tree; and
(b)the person is reckless about whether engaging in the conduct would damage the protected tree.
Maximum penalty: 300 penalty units.
(3)A person commits an offence if—
(a)the person engages in conduct; and
(b)the person is reckless about whether engaging in the conduct would damage a protected tree.
Maximum penalty: 100 penalty units.
(4)A person commits an offence if—
(a)the person engages in conduct that damages a protected tree; and
(b)the person is negligent about whether engaging in the conduct would damage the protected tree.
Maximum penalty: 100 penalty units.
(5)A person commits an offence if the person engages in conduct that damages, or is likely to damage, a protected tree.
Maximum penalty: 50 penalty units.
(6)For subsections (1), (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.
Offences—doing prohibited groundwork
(1)A person commits an offence if—
(a)the person does prohibited groundwork; and
(b)the prohibited groundwork is done in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(c)the person has intention in relation to the circumstance mentioned in paragraph (b).
Maximum penalty: 300 penalty units.
(2)A person commits an offence if—
(a)the person does prohibited groundwork; and
(b)the prohibited groundwork is done in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(c)the person is reckless in relation to the circumstance mentioned in paragraph (b).
Maximum penalty: 200 penalty units.
(3)A person commits an offence if—
(a)the person does prohibited groundwork; and
(b)the prohibited groundwork is done in—
(i)the protection zone for a protected tree; or
(ii)a declared site; and
(c)the person is negligent in relation to the circumstance mentioned in paragraph (b).
Maximum penalty: 100 penalty units.
(4)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.
(5)An offence against subsection (4) is a strict liability offence.
Subdivision 3.2.2 Prohibited activities—exceptions
Exceptions—tree damaging and prohibited groundwork offences
(1)Sections 16 and 17 do not apply to the following:
(a)anything done in relation to a protected tree, other than a registered tree or a remnant tree, as part of civil infrastructure works on unleased territory land or national land;
(b)an activity carried out by an administrative unit authorised by the Minister under section 19;
(c)an activity approved under section 28 or section 32 that is done in accordance with the conditions (if any) of the approval (whether or not done by the applicant for the approval);
(d)anything done in accordance with—
(i)a tree management plan; or
(ii)a tree protection direction; or
(iii)a tree reparation direction; or
(iv)a tree protection condition of a development approval; or
(v)the Biosecurity Act 2023;
(e)anything done in relation to a regulated tree under—
(i)a plant pruning direction under the Public Unleased Land Act 2013, section 31 (Direction to prune tree etc overhanging public unleased land); or
(ii)a plant removal direction under the Public Unleased Land Act 2013, section 34 (Direction to remove tree etc endangering public on public unleased land);
(f)anything done in relation to a public tree or a regulated tree under—
(i)any of the following provisions of the Utilities Act 2000:
(A)section 105 (Installation of network facilities);
(B)section 106 (Maintenance of network facilities);
(C)section 231 (Installation of territory network facilities);
(D)section 232 (Maintenance of territory network facilities); or
(ii)a territory network protection notice given under the Utilities Act 2000, section 249;
(iii)a network protection notice given under the Utilities (Technical Regulation) Act 2014, section 32; or
(iv)any of the following provisions of the Utilities (Technical Regulation) Act 2014:
(A)section 41D (Clearance from aerial lines—vegetation);
(B)section 41H (Maintenance of electrical infrastructure within network boundary—powers);
(C)section 41I (Inspection of electrical infrastructure outside network boundary);
(g)anything done in relation to a registered tree or a remnant tree under any of the following provisions for protecting life or property if it is not practicable, because of the urgency of the situation, to obtain an approval under section 32:
(i)either of the following provisions of the Utilities Act 2000:
(A)section 106 (Maintenance of network facilities);
(B)section 232 (Maintenance of territory network facilities);
(ii)any of the following provisions of the Utilities (Technical Regulation) Act 2014:
(A)section 41D (Clearance from aerial lines—vegetation);
(B)section 41H (Maintenance of electrical infrastructure within network boundary—powers);
(C)section 41I (Inspection of electrical infrastructure outside network boundary);
(h)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.
NoteDespite the exceptions mentioned in s (1), a tree may still be protected under the Heritage Act 2004 if the tree is a heritage tree (see dict, def heritage tree).
(2)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
relevant person means any of the following:
(a)an emergency controller;
(b)a member of the ambulance service;
(c)a member of the fire and rescue service;
(d)a member of the rural fire service;
(e)a member of the SES;
(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);
(g)a police officer.
remnant tree means a remnant tree located on land outside the built‑up urban area.
Authorisation to carry out prohibited activities
(1)The Minister may authorise an administrative unit to carry out 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 authorisation must state—
(a)the activity that the administrative unit may carry out; and
(b)any conditions of the authorisation.
(3)An authorisation is a disallowable instrument.
Division 3.3 Approved activities
Subdivision 3.3.1 Approved activities—general
Criteria for approval of activities
(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.
Application for approval of tree damaging etc activity
(1)A person may apply, in writing, to the decision-maker in relation to a protected tree for approval to carry out an activity on land that would or may—
(a)damage the protected tree; or
(b)be prohibited groundwork in—
(i)the protection zone for a protected tree; or
(ii)a declared site.
NoteA tree may be protected under the Heritage Act 2004 if the tree is a heritage tree (see dict, def heritage tree).
(2)The application must include—
(a)if the protected tree is on the applicant’s land—written evidence that the applicant is the lessee of the land; or
(b)if the protected tree is on leased land other than the applicant’s land—written evidence, signed by the lessee of the land, that the lessee agrees to—
(i)the application being made; and
(ii)the activity to be carried out; or
(c)if the protected tree is on the common property in a units plan—written evidence, executed by the owners corporation for the units plan, that the owners corporation agrees to—
(i)the application being made; and
(ii)the activity to be carried out.
(3)In this section:
applicant’s land means the land for which the applicant is the lessee.
common property—see the Unit Titles Act 2001, section 13.
execute, a document by an owners corporation, means executed in a way mentioned in the Unit Titles (Management) Act 2011, section 9A.
owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary.
units plan—see the Unit Titles Act 2001, dictionary.
Approval application—more information
(1)The decision-maker for an application under section 21 may, by written notice given to the applicant, require the applicant to give the decision-maker more information or a document that the decision‑maker reasonably needs to decide the application, within the time stated in the notice.
(2)If the applicant fails to comply with the requirement within the time stated in the notice, the decision-maker may refuse to consider the application further.
Approval application—assessment of tree
The decision-maker for an application under section 21 must, after receiving the application, assess the tree to which the application relates.
Examples—assessing tree
Assessing a tree may include assessing any of the following:
· the health, condition and structure of the tree;
· the ecological significance of the tree;
· the tree’s location, including the tree’s proximity to infrastructure, services and construction activity;
· whether the tree is a protected tree;
· whether the tree satisfies the approval criteria.
Approval application—advisory panel advice
The conservator may ask the advisory panel for advice in relation to an application under section 21.
Approval application—referral to other entities
(1)The decision-maker for an application under section 21 must, after assessing a tree to which the application relates, give a copy of the application to the following:
(a)if the application relates to a heritage tree—the heritage council;
(b)if the application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.
(2)However, the decision-maker is not required to give a copy of the application to an entity mentioned in subsection (1) if the decision‑maker is satisfied—
(a)that—
(i)the applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and
(ii)the entity agrees in writing to the activity proposed in the application; or
(b)if the entity is the heritage council—that 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 26.
Approval application—time for referral entity to give advice
If an application under section 21 is given to an entity under section 25, the entity must give the decision-maker the entity’s advice on the application not later than—
(a)15 working days after the day the decision-maker gives the application to the entity; or
(b)if a regulation prescribes a shorter period—the end of the shorter period.
Approval application—effect of no response by heritage council
If the heritage council does not give advice in accordance with section 26 on an application given to it, the council is taken to have given advice that it supports the application.
Approval application—decision
(1)Within 35 working days after the day the decision-maker for an application under section 21 receives the application, the decision‑maker must decide whether to approve the activity to which it relates.
(2)In working out the 35-working day period, any period when a requirement under section 22 (1) was not complied with is disregarded.
(3)However, the decision-maker may, by written notice given to the applicant, extend the period for deciding an application for a stated period if, while the decision-maker is considering the application—
(a)the tree to which the application relates is damaged; and
(b)the decision-maker is reasonably satisfied that additional time is needed to investigate the circumstances that led to the tree’s damage.
NoteThe period for deciding an application may also be extended or suspended in extraordinary circumstances (see s 138).
(4)In making a decision on the application, the decision-maker must take into account the following:
(a)the approval criteria;
(b)the advice (if any) of the advisory panel;
(c)the advice (if any) of an entity to which the application was given under section 25;
(d)anything else the decision-maker considers relevant.
(5)An approval may be given subject to conditions stated in the approval.
(6)This section is subject to section 35 (Decision on approval application—canopy contribution agreements).
NoteUnder s 35, if the decision-maker approves the removal of a protected tree under this section, the applicant must enter into a canopy contribution agreement with the decision-maker in relation to the tree’s removal.
Approval application—notice of decision
(1)If the decision-maker for an application under section 21 relating to a declared site approves the application, the decision-maker must give written notice of the decision to the following:
(a)the applicant;
(b)the lessee of, or custodian for, the land where the site is located;
(c)the territory planning authority.
(2)If the decision-maker approves any other application made under section 21, the decision-maker must give written notice of the decision to the following:
(a)the applicant;
(b)the lessee of, or custodian for, the land where the tree is located;
(c)the lessee of, or custodian for, the land where the activity is to be carried out;
(d)the occupier of land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree;
(e)if the application relates to a heritage tree—the heritage council;
(f)if the application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.
(3)However, the decision-maker need not give more than 1 notice to a particular person.
(4)The decision-maker may give written notice of the decision to anyone else the decision-maker considers appropriate.
Operation of approval
(1)Subject to section 133 (Applications for internal review), an approval of an application under section 21 takes effect on the date stated in the notice of decision.
(2)The date stated in the notice must be at least 14 working days after the day the notice is given to the applicant.
(3)Unless cancelled sooner, the approval remains in force for the period stated in the approval.
(4)The decision-maker may, in writing, extend the approval for a stated period if satisfied that the approved 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 decision-maker may cancel an approval of an application under section 21 if satisfied that the approved activity does not satisfy, or no longer satisfies, the approval criteria.
(2)For an approval in relation to a declared site, the decision-maker must give notice of the cancellation to the following:
(a)the applicant;
(b)the lessee of, or custodian for, the land where the site is located;
(c)the territory planning authority.
(3)For any other approval, the decision-maker must give notice of the cancellation to the following:
(a)the applicant;
(b)the lessee of, or custodian for, the land where the tree is located;
(c)the lessee of, or custodian for, the land where the activity was approved to be carried out;
(d)the occupier of land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree;
(e)if the application relates to a heritage tree—the heritage council;
(f)if the application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.
(4)However, the decision-maker need not give more than 1 notice to a particular person.
(5)Notice may be given orally or in writing.
(6)However, if notice is given orally, the decision-maker must give written notice as soon as practicable after the oral notice is given.
(7)For subsections (2) (a) and (3) (a), it is sufficient if the decision-maker sends the notice to the applicant at the address last given to the decision-maker by the applicant.
(8)The decision-maker may give notice of the cancellation to anyone else the decision-maker considers appropriate.
(9)Subject to section 133 (Applications for internal review), the cancellation takes effect on the date stated in the written notice of cancellation.
(10)The date stated in the written notice must be at least 7 working 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 decision-maker in relation to a protected tree for approval for an activity that would or may—
(a)damage the protected tree; or
(b)be prohibited groundwork in—
(i)the protection zone for the protected tree; or
(ii)a declared site.
(2)The application may be made orally or in writing.
(3)However, if the application is made orally, the applicant must make a written application as soon as practicable after the oral application is made.
(4)The decision-maker 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.
(5)The decision-maker 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 decision-maker is satisfied the activity will have little or no adverse impact on the health or stability of the tree.
(6)The decision-maker must give notice of a decision on the application to the applicant as soon as practicable after making the decision.
(7)The notice may be given orally or in writing but the decision‑maker must make a written record of any notice given orally as soon as practicable after giving it.
(8)The approval may be given subject to conditions stated in the approval.
(9)If the application relates to a heritage tree, the decision-maker must give written notice of the approval to the heritage council.
(10)Unless cancelled sooner, the approval has effect for the period stated in the approval.
(11)In this section:
major pruning—see section 14 (3).
Offence—contravene condition of approval
(1)A person commits an offence if the person contravenes a condition of an approval given to the person under section 28 or section 32.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Subdivision 3.3.2 Approved activities—canopy contributions
Definitions—sdiv 3.3.2
In this subdivision:
canopy contribution means an action taken under a canopy contribution agreement to counterbalance the loss of canopy coverage as a result of the removal of a protected tree from the urban forest.
decision-maker, in relation to a protected tree that is proposed to be removed in accordance with a development approval, means the territory planning authority.
financial settlement, in relation to a canopy contribution agreement—see section 36 (2) (b).
on-site canopy contribution, in relation to a canopy contribution agreement—see section 36 (2) (a).
Decision on approval application—canopy contribution agreements
(1)This section applies if—
(a)a person applies for approval to remove a protected tree under section 21 (1) (a); and
(b)the decision-maker in relation to the protected tree approves the removal of the tree under section 28.
(2)This section also applies if—
(a)a person applies under the Planning Act 2023, chapter 7 (Development assessment and approvals) for approval of a development that proposes to remove a protected tree; and
(b)the territory planning authority approves the development proposal in accordance with the Planning Act 2023.
NoteFor a simplified outline of this Act, pt 6 (Development applications—conservator’s advice) and the Planning Act 2023, ch 7 (Development assessment and approvals), see s 106.
(3)The applicant must enter into an agreement (a canopy contribution agreement) with the decision-maker in relation to the tree’s removal.
NoteThe decision-maker in relation to a protected tree that is proposed to be removed in accordance with a development approval is the territory planning authority.
(4)However, the applicant need not enter into a canopy contribution agreement if—
(a)the decision-maker is satisfied that—
(i)the tree to which the application relates is planted in a group of trees and removal of the tree would benefit the health of the other trees in the group; or
(ii)the circumstances of the application require the tree to be removed urgently to protect the health or safety of people or animals, or public or private property; or
(b)the approval relates to a public tree and an administrative unit has—
(i)approved the removal of the tree at the applicant’s cost; and
(ii)stated, in writing, that the tree would be removed by the administrative unit as part of an activity authorised under section 19; or
(c)the tree to which the approval relates is dead; or
(d)the tree to which the approval relates is subject to advice given to the conservator by the heritage council or a representative Aboriginal organisation under the Heritage Act 2004, part 10A (Tree damaging activity etc).
NoteAn applicant may also apply to the decision-maker for an exemption from the requirement to enter into a canopy contribution agreement (see s 39).
Canopy contribution agreements—conditions
(1)This section applies if a decision-maker enters into a canopy contribution agreement with an applicant under section 35 in relation to a protected tree.
(2)The canopy contribution agreement must state that it is subject to either or both of the following conditions, as decided by the decision‑maker:
(a)the applicant must make a contribution (an on-site canopy contribution) to the tree canopy on the land where the protected tree is located;
(b)the applicant must pay an amount (a financial settlement) to the Territory.
(3)If the canopy contribution agreement is subject to a condition that the applicant make an on-site canopy contribution—
(a)the agreement must state how many trees are to be planted on the land; and
(b)the on-site canopy contribution must comply with any requirements prescribed by regulation.
(4)If the canopy contribution agreement is subject to a condition that the applicant pay a financial settlement—
(a)the agreement must state the amount of the financial settlement to be paid; and
(b)the decision-maker must take into account any matter prescribed by regulation in deciding the amount.
(5)A regulation may prescribe the following, or how to work out the following:
(a)for an on-site canopy contribution—the number of trees, and the size of the trees, to be planted on land; and
(b)for a financial settlement—the amount to be paid.
Canopy contribution agreements—amendment
(1)A person who enters into a canopy contribution agreement with a decision-maker in relation to a protected tree may, not later than 15 working days after the day the agreement is entered into, apply to the decision-maker to amend a condition of the agreement to change—
(a)the number of trees the person must plant on the person’s land; or
(b)the amount of financial settlement payable by the person under the agreement.
(2)The decision-maker must, not later than 15 working days after the day the decision-maker receives an application for amendment—
(a)decide whether to amend the condition; and
(b)tell the person about the decision; and
(c)if the decision is not to amend the condition—give reasons for the decision.
NoteThe period for deciding an application may also be extended or suspended in extraordinary circumstances (see s 138).
Canopy contribution agreements—payment management plans
(1)If a person enters into a canopy contribution agreement with a decision-maker that is subject to a condition that the person pay a financial settlement, the person may apply, in writing, to the decision‑maker to enter into an arrangement (a payment management plan) to pay the financial settlement by instalments.
(2)On application under subsection (1), the decision-maker must—
(a)approve the application; or
(b)refuse the application.
(3)The decision-maker must, within a reasonable period, give the applicant written notice of—
(a)a decision under subsection (2); and
(b)for a decision under subsection (2) (a)—the period of the payment management plan and the amount of each instalment; and
(c)for a decision under subsection (2) (b)—the reasons for the decision.
(4)A regulation may prescribe—
(a)the information that must be included in the application; and
(b)matters the decision-maker must take into account when considering the application.
Canopy contribution agreements—exemption
(1)An applicant under section 21 may apply to the decision-maker for an exemption from the requirement to enter into a canopy contribution agreement.
(2)The decision-maker must, as soon as practicable after receiving an application under subsection (1), decide whether to exempt the applicant from the requirement to enter into a canopy contribution agreement.
(3)In deciding whether to exempt the applicant, the decision-maker must consider—
(a)whether the applicant is disadvantaged by any social or financial hardship; and
(b)any matters prescribed by regulation.
Canopy contribution agreements—use of financial settlement amounts
An amount paid under a financial settlement must be used for 1 or more of the following purposes:
(a)tree planting;
(b)tree care and maintenance;
(c)removal of trees for new plantings;
(d)engaging or educating the community about protecting trees;
(e)supporting the urban forest ecosystem;
Examples—par (e)
1undertaking plantings and developing programs to support biodiversity
2controlling erosion through nature corridor planting
3removing pest plants
(f)administering or managing canopy contribution agreements or tree bond agreements.
Canopy contribution agreements—annual reporting
A report prepared by the director-general under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
(a)the total amount paid under financial settlements for the year; and
(b)the total amount used for a purpose mentioned in section 40 for the year; and
(c)the total number of trees, and the location of each tree, agreed to be planted under any on-site canopy contributions for the year; and
(d)the total number of trees, and the location of each tree, approved for removal under canopy contribution agreements for the year; and
(e)the total number of exemptions from the requirement to enter into a canopy contribution agreement, and the reason for each exemption, given under section 39 for the year; and
(f)any other information prescribed by regulation.
Offence—contravene canopy contribution agreement
A person commits an offence if the person engages in conduct that contravenes, or is likely to contravene, a canopy contribution agreement.
Maximum penalty: 100 penalty units.
Division 3.4 Directions
Subdivision 3.4.1 Tree 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.
Tree protection directions
(1)A decision-maker in relation to a protected tree may give a direction (a tree protection direction) to do or not do something to protect the protected tree to—
(a)the lessee or occupier of the land where the tree is located; or
(b)anyone carrying out an activity that may affect the tree.
Example
to erect a fence around a tree
(2)A tree protection direction must be given in accordance with any criteria determined under section 43.
(3)A tree protection direction may be given orally or in writing.
(4)However, if the direction is given orally, the decision-maker must give the direction in writing as soon as practicable and not later than 7 days after the oral direction is given.
(5)The written direction must state the period for which it is in force.
(6)In this section:
protected tree includes a tree that has been nominated for registration under section 54, if the conservator has not—
(a)decided whether to provisionally register the tree under section 55; or
(b)refused to consider the nomination under section 54.
Tree protection directions—service
(1)A written tree protection direction may be given to the lessee or occupier of the land where a protected tree is located by leaving it, secured conspicuously, on or at the land.
(2)A written tree protection direction may be given to anyone carrying out an activity that may affect a protected tree by leaving it, secured conspicuously, at the place where the activity is being carried out.
Offence—fail to comply with tree protection direction
(1)A person commits an offence if the person intentionally, recklessly or negligently fails to comply with a tree protection direction.
Maximum penalty: 50 penalty units.
(2)This section does not apply if the person has a reasonable excuse for failing to comply with the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Contravention of tree protection direction—action by authorised person
(1)This section applies if a person fails to comply with a tree protection direction requiring the person to do something in relation to a protected tree.
(2)An authorised person, or anyone else authorised by the decision‑maker for the protected tree 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 decision-maker must give written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin to—
(a)the person given the tree protection direction; and
(b)the lessee or occupier of the land where the tree is located.
(5)The decision-maker may give written notice of the proposed action to anyone else the decision-maker 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 129 (Damage etc to be minimised) and section 130 (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 7 (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.
Subdivision 3.4.2 Tree reparation directions
Tree reparation directions
(1)This section applies if—
(a)a person causes damage to a protected tree; and
(b)the damage is not authorised under an approval under this Act or another territory law.
Examples—approvals that may authorise damage
1 an approval given to the person under s 28 or s 32
2 a tree management plan
3 a tree protection direction
4 a tree protection condition of a development approval
5 an emergency declaration, control declaration or biosecurity direction under the Biosecurity Act 2023
6 a public unleased land permit
(2)An authorised person may direct (a tree reparation direction) the person to—
(a)repair the damage; or
(b)if the tree is beyond repair—remove or replace the tree.
(3)A tree reparation direction must—
(a)be in writing; and
(b)identify the protected tree to which the direction relates; and
(c)describe the damage to the tree; and
(d)state the thing required to be done; and
(e)state the period for compliance with the direction.
Offence—fail to comply with tree reparation direction
(1)A person commits an offence if—
(a)an authorised person gives the person a tree reparation direction; and
(b)the person fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2)This section does not apply if the person has a reasonable excuse for failing to comply with the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)An offence against this section is a strict liability offence.
Repair of damage etc by Territory
(1)This section applies if—
(a)an authorised person gives a person a tree reparation direction; and
(b)the person fails to comply with the direction.
(2)The authorised person, or anyone else authorised by the decision‑maker for the protected tree for this section, may—
(a)enter the land where the tree is located; and
(b)do the thing required to be done under the direction.
(3)The reasonable costs 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.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
(4)The authorised person, or anyone else authorised by the decision‑maker for this section, must give written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin to—
(a)the person given the tree reparation direction; and
(b)the lessee or occupier of the land where the tree is located.
(5)The authorised person, or anyone else authorised by the decision‑maker for this section, may give written notice of the proposed action to anyone else considered 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 129 (Damage etc to be minimised) and section 130 (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 7 (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 4Registration of trees
Division 4.1 Preliminary
Definitions—pt 4
In this part:
cancellation criteria—see section 52 (1) (b).
provisional registration period—see section 58 (1).
registration criteria—see section 52 (1) (a).
restricted information means information restricted under section 74 (Restricted information—Aboriginal cultural trees).
site declaration—see section 69 (2).
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 a tree’s registration.
(2)A determination is a disallowable instrument.
Division 4.2 Tree register
Tree register
(1)The conservator must keep a register of trees (the tree register).
(2)The tree register must include the following:
(a)for each provisionally registered tree—
(i)everything required to be entered in the register under section 57 (2); and
(ii)the tree management plan (if any) for the tree;
(b)for each registered tree—
(i)everything required to be entered in the register under section 62 (2); and
(ii)the tree management plan (if any) for the tree;
(c)for each declared site—
(i)a description of the area that is the declared site; and
(ii)the date the site declaration was made;
(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 (Approved activities) is in force:
(i)the approved activity;
(ii)any conditions to which the approval is subject;
(iii)the period of the approval;
(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.
(4)The conservator may correct a mistake or omission in the tree register subject to any requirement prescribed by regulation.
(5)If anything required to be entered in the tree register in relation to a tree is restricted information, the conservator must include a statement in the register to that effect.
(6)In this section:
registered tree does not include a provisionally registered tree.
Division 4.3 Registration
Nomination for registration
(1)Anyone (including the conservator) may nominate a tree for registration.
(2)A nomination must be—
(a)in writing; and
(b)given to the conservator.
(3)The conservator may refuse to consider a nomination if satisfied the nomination is frivolous or vexatious.
Provisional registration—decision
(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.
NoteUnder s 57, the conservator is required to provisionally register Aboriginal cultural trees.
(2)The conservator may, by written notice given to the nominator, require the nominator to give the conservator more information or a document that the conservator reasonably needs to decide whether to provisionally register the tree.
(3)If the nominator fails to comply with a requirement under subsection (2), the conservator may refuse to consider the nomination further.
(4)If the conservator requires a nominator to give more information, the conservator may, by written notice given to the nominator, extend the 6-month period mentioned in subsection (1) by a stated period.
(5)The conservator may provisionally register a tree only if the conservator is satisfied the tree satisfies the registration criteria.
Provisional registration—notice of decision
(1)The conservator must give written notice of a decision under section 55 to—
(a)the person who nominated the tree for registration; and
(b)if the conservator decides to provisionally register the tree—
(i)the lessee of, or custodian for, the land that includes all or part of the protection zone for the tree; and
(ii)for a heritage tree—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.
(5)A notice under this section must include—
(a)enough information to allow the tree to be identified; and
(b)a statement to the effect that any comments on the tree’s proposed registration 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 working days after the day public notice is given under subsection (4).
Provisional registration
(1)This section applies to a tree if—
(a)it is an Aboriginal cultural tree; or
(b)for a tree other than an Aboriginal cultural tree—the conservator decides to provisionally register the tree.
(2)The conservator must provisionally register the tree by entering the following information in the tree register:
(a)enough information to allow the tree to be identified;
NoteInformation about the location or nature of an Aboriginal cultural tree is restricted information unless the conservator declares in writing that it is not (see s 74).
(b)if practicable, the tree’s botanical name and any relevant horticultural information;
(c)a description of the protection zone for the tree;
(d)an indication that the registration is provisional;
(e)the period of the provisional registration.
(3)The conservator must give written notice of provisional registration of an Aboriginal cultural tree to the heritage council and each representative Aboriginal organisation.
Provisional registration—period
(1)A tree is provisionally registered for a period of 1 year beginning on the day the tree is provisionally registered (the provisional registration period).
(2)However, the provisional registration period 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 for the decision has ended and no appeal has been made; or
(ii)any appeal has been finally decided and is unsuccessful.
NoteA provisional registration period may also be extended by the conservator under s 59 (3) or s 60 (4).
(3)The conservator may provisionally register a tree more than once.
(4)For subsection (3), another nomination under section 54 is not needed.
Consultation on proposed registration
(1)After making a decision under section 55, the conservator must ask the following for advice in relation to the tree’s proposed registration:
(a)the advisory panel;
(b)for a heritage tree—the heritage council;
(c)for an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.
(2)The conservator may ask any other person to give the conservator advice, information or a document that the conservator reasonably needs to decide whether to register the tree.
(3)The conservator may, by written notice, extend a tree’s provisional registration period by a stated period if an entity mentioned in this section reasonably needs more time to give the conservator the entity’s advice, information or a document.
Registration—decision
(1)The conservator must decide whether to register a provisionally registered tree by the end of the tree’s provisional registration period.
(2)The conservator may, by written notice given to the person who nominated the tree for registration, require the nominator to give the conservator more information or a document that the conservator reasonably needs to decide whether to register the tree.
(3)If the nominator fails to comply with a requirement under subsection (2), the conservator may refuse to further consider whether to register the tree.
(4)If the conservator requires a nominator to give more information, the conservator may, by written notice given to the nominator, extend the tree’s provisional registration period by a stated period.
(5)In deciding whether to register the tree, the conservator must take into account—
(a)any advice on the proposed registration given to the conservator by the advisory panel, the heritage council or any representative Aboriginal organisation; and
(b)any comments received on the proposed registration on or before the closing date stated in the notice under section 56.
(6)The conservator may register the tree only if the conservator is satisfied the tree satisfies the registration criteria.
Registration—notice of decision
(1)The conservator must give written notice of a decision under section 60 to the following:
(a)the person who nominated the tree for registration;
(b)the lessee of, or custodian for, the land where the tree is located;
(c)if the tree is on leased land—the occupier of, or custodian for, land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree;
(d)anyone who gave the conservator—
(i)written comments about the proposed registration; and
(ii)contact details for notification of the conservator’s decision;
(e)if the heritage council gave advice on the proposed registration—the heritage council;
(f)if a representative Aboriginal organisation gave advice on the proposed registration—the representative Aboriginal organisation;
(g)the registrar-general.
(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.
(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 for the decision 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 the following information in the tree register:
(a)a photograph or other image of the tree;
(b)the tree’s location;
(c)the tree’s botanical name and any relevant horticultural information;
(d)a description of the protection zone for the tree;
(e)a statement about the tree’s significance.
Division 4.4 Cancellation of registration—generally
Proposal for cancellation of registration
(1)Anyone (including the conservator) may propose that a tree’s registration be cancelled.
(2)A proposal must be—
(a)in writing; and
(b)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 to cancel a tree’s registration, the conservator must give written notice of the proposed cancellation to the following:
(a)the person who proposed the cancellation;
(b)the lessee of, or custodian for, the land where the tree is located;
(c)if the tree is on leased land—the occupier of 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 proposed cancellation to anyone else the conservator considers appropriate.
(4)The conservator must also give public notice of the proposed cancellation.
(5)A notice under this section must include—
(a)an indication of whether the conservator is satisfied that the proposed cancellation is likely to satisfy the cancellation criteria; and
(b)if the conservator considers there may be grounds for making a site declaration 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 working 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 64, the conservator must ask the advisory panel for advice in relation to the proposed cancellation and any proposed site declaration.
(2)The conservator must also ask the following for advice in relation to the proposed cancellation:
(a)for a heritage tree—the heritage council;
(b)for an Aboriginal cultural tree—the heritage council and each representative Aboriginal organisation.
Cancellation of registration etc—decision
(1)Within 6 months after the day the conservator gives public notice of a proposed cancellation of a tree’s registration under section 64 (4), the conservator must decide whether to cancel the tree’s registration.
(2)In deciding whether to cancel the tree’s registration (and whether to make a site declaration in relation to the cancellation), the conservator must take into account—
(a)any advice on the proposed cancellation or site declaration given to the conservator by the advisory panel, the heritage council or any representative Aboriginal organisation; and
(b)any comments received on the proposed cancellation or site declaration on or before the closing date stated in the notice under section 64.
(3)The conservator may cancel the tree’s registration only if the conservator is satisfied the cancellation satisfies the cancellation criteria.
Cancellation of registration—notice of decision
(1)The conservator must give written notice of a decision under section 66 to the following:
(a)the person who proposed the cancellation;
(b)the lessee of, or custodian for, the land where the tree is located;
(c)if the tree is on leased land—the occupier of land that—
(i)adjoins the land where the tree is located; and
(ii)is within 50m of the tree;
(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;
(e)if the heritage council gave advice on the proposed cancellation—the heritage council;
(f)if a representative Aboriginal organisation gave advice on the proposed registration—the representative Aboriginal organisation.
(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.
(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 a tree’s registration; and
(b)either—
(i)the appeal period for the decision 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 tree’s registration by removing the entry about the tree from the tree register.
(3)However, if the conservator makes a site declaration in relation to the tree, the entry about the tree must remain in the register while the site declaration is in force but must include a statement that the tree’s registration has been cancelled.
Site declarations
(1)This section applies if—
(a)a registered tree is damaged by conduct other than conduct mentioned in section 18 (1); and
(b)if the tree’s registration is cancelled after the damage happens—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 following areas to be a declared site (a site declaration):
(a)for a registered tree—the protection zone for the tree;
(b)if the tree’s registration is cancelled—the area that was the protection zone for the tree immediately before the registration was cancelled.
(3)A site declaration is a notifiable instrument.
(4)Also, the conservator—
(a)must give written notice of the site declaration to—
(i)the lessee of the land where the tree is located; and
(ii)the territory planning authority; and
(b)may give written notice of the site declaration to anyone else the conservator considers appropriate.
(5)A site declaration has effect for—
(a)at least 5 years; or
(b)if a longer period is stated in the declaration—the longer period.
Nominations for tree registration before commencement day
A nomination of a tree for registration under the repealed Act, section 46 (Nomination for registration) made, but not decided immediately before the commencement day is, on the commencement day, taken to be a nomination under this Act, section 54.
Provisional registration of trees before commencement day
(1)This section applies if—
(a)before the commencement day, a person nominated a tree for registration under the repealed Act, section 46 (Nomination for registration); and
(b)immediately before the commencement day, the conservator decided to provisionally register the tree.
(2)The tree is taken, on the commencement day, to be provisionally registered under this Act, section 57 (Provisional registration).
Registration of trees before commencement day
A tree that is registered under the repealed Act, section 54 (Registration) immediately before the commencement day is, on the commencement day, taken to be registered under this Act, section 62.
Proposal to cancel tree registration made before commencement day
A proposal under the repealed Act, section 55 (Proposal for cancellation of registration) that a tree’s registration be cancelled made, but not finally dealt with, immediately before the commencement day is, on the commencement day, taken to be a proposal under this Act, section 63.
Aboriginal heritage trees under repealed Act
A tree that is an Aboriginal heritage tree under the repealed Act is taken to be an Aboriginal cultural tree under this Act.
Site declaration made before commencement day
A declaration under the repealed Act, section 61 (Site declarations) that is in force immediately before the commencement day is, on the commencement day, taken to be a declaration under this Act, section 69.
Declarations under repealed Act, s 64
A declaration under the repealed Act, section 64 (1) (Restricted Aboriginal information) that is in force immediately before the commencement day is, on the commencement day, taken to be a declaration under this Act, section 74 (1).
Approvals under repealed Act, s 66
An approval of the publication of restricted information about a tree under the repealed Act, section 66 (Approval to publish restricted information) that is in force immediately before the commencement day is, on the commencement day, taken to be an approval under this Act, section 76 to disclose restricted information about a tree.
Tree protection directions in force before commencement day
(1)This section applies if, immediately before the commencement day, a person had a tree protection direction under the repealed Act, section 76 (Conservator may give tree protection directions).
(2)The tree protection direction continues in force until the time when, under the repealed Act, it would have ended.
(3)Subsection (4) applies if, immediately before the commencement day, a notice was given to a person under the repealed Act, section 79 (4) or (5) (Contravention of tree protection direction—action by authorised person) in relation to a tree protection direction.
(4)The repealed Act, part 10 (Tree protection directions) (including any instruments under that part) continues to apply in relation to the tree protection direction and the notice despite its repeal.
Authorised people
(1)This section applies to a person—
(a)appointed as an authorised person under the repealed Act, section 85; and
(b)who was an authorised person immediately before the commencement day.
(2)The person is taken to have been appointed as an authorised person under this Act, section 111.
Instruments under repealed Act
(1)A determination under the repealed Act, section 21 (Criteria for approval), that is in force immediately before the commencement day, is taken to be a determination under this Act, section 20.
(2)A determination under the repealed Act, section 31 (Guidelines for tree management plans), that is in force immediately before the commencement day, is taken to be a guideline under this Act, section 88.
(3)A determination under the repealed Act, section 45 (Criteria for registration and cancellation of registration), that is in force immediately before the commencement day, is taken to be a determination under this Act, section 52.
(4)An appointment under the repealed Act, section 69 (Members of advisory panel), that is in force immediately before the commencement day, is taken to be an appointment under this Act, section 98 and continues in force until the end of the term of the appointment under the repealed Act unless ended earlier.
(5)A determination under the repealed Act, section 75 (Criteria for tree protection directions), that is in force immediately before the commencement day, is taken to be a determination under this Act, section 43.
Transitional regulations
A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
NoteA transitional provision continues to have effect after its repeal (see Legislation Act, s 88).
Expiry—pt 20
This part expires 2 years after the day it commences.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Schedule 1Reviewable decisions
(see pt 8)
Part 1.1Internally reviewable decisions
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 28 | approve, or refuse to approve, activity | applicant for approval, lessee of land, heritage council, representative Aboriginal organisation |
| 2 | 31 | cancel approval of activity | person who held approval, lessee of land |
| 3 | 36 (2) | make canopy contribution agreement subject to a condition | applicant for approval, lessee of land |
| 4 | 36 (2) (a) | on-site canopy contribution decided by decision-maker | applicant for approval, lessee of land |
| 5 | 36 (2) (b) | amount of financial settlement decided by decision-maker | applicant for approval, lessee of land |
| 6 | 37 (2) (a) | refuse or agree to amend canopy contribution agreement condition | applicant for approval, lessee of land |
| 7 | 38 (2) (b) | refuse to allow application for payment management plan | applicant for payment plan |
| 8 | 39 (2) | refuse or agree to exempt applicant from canopy contribution agreement | applicant for exemption, lessee of land |
| 9 | 85 (1) | approve, or refuse to approve, tree management plan | applicant for approval, lessee of land, heritage council, representative Aboriginal organisation |
| 10 | 93 (2) (b) | period of tree bond agreement | party to tree bond agreement |
| 11 | 96 | refuse to pay back tree bond, in full or part | party to tree bond agreement |
Part 1.2Reviewable decisions
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 44 | give tree protection direction | · person given direction · lessee or occupier of land to which direction relates |
| 2 | 55 | approve, or refuse to approve, provisional registration of tree | person given written notice, under s 56 (1), of registration decision |
| 3 | 60 | approve, or refuse to approve, registration of tree | person given written notice, under s 61 (1) (a), (b), (c), (e), (f) or (g) of registration decision |
| 4 | 66 | cancel, or refuse to cancel, tree’s registration | person given written notice, under s 67 (1) (a), (b), (c), (e) or (f), of decision to cancel, or refuse to cancel, registration |
| 5 | 69 | make site declaration | lessee of land to which site declaration relates |
| 6 | 76 | approve, or refuse to approve, disclosure of restricted information | · applicant for approval · heritage council · representative Aboriginal organisation |
| 7 | 134 | confirm, vary or set aside decision mentioned in sch 1, pt 1.1, items 1 to 9 | entity who is given internal review notice for decision in relation to decision to be reviewed |
Dictionary
(see s 3)
NoteThe Legislation Act contains definitions relevant to this Act. For example:
· ACAT
· administrative unit
· appoint
· calendar year
· chief officer (ambulance service)
· chief officer (fire and rescue service)
· chief officer (rural fire service)
· chief officer (SES)
· conservator of flora and fauna
· contravene
· corporation
· director-general (see s 163)
· document
· entity
· exercise
· function
· heritage council
· home address
· individual
· public employee
· public notice
· public servant
· reviewable decision notice
· territory land
· territory plan
· territory planning authority
· the Territory
· writing.
Aboriginal cultural tree—a tree is an Aboriginal cultural tree if it is of cultural 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.
Examples
scarred trees, modified trees
Aboriginal object, in relation to a tree—see the Heritage Act 2004, section 9.
Aboriginal person means a person who—
(a)is a descendant of an Aboriginal person; and
(b)identifies as an Aboriginal person; and
(c)is accepted as an Aboriginal person by an Aboriginal community.
Aboriginal place, in relation to a tree that forms part of a place—see the Heritage Act 2004, section 9.
advisory panel means the Tree Advisory Panel established under section 97.
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 20 (1).
at premises includes in or on the premises.
authorisation, for division 5.2 (Tree bonds)—see section 92 (1) (a).
authorised person means an authorised person appointed under section 111.
built-up urban area—see section 8.
cancellation criteria, for part 4 (Registration of trees)—see section 52 (1) (b).
canopy contribution, for subdivision 3.3.2 (Approved activities—canopy contributions)—see section 34.
canopy contribution agreement—see section 35 (3).
connected, for part 7 (Enforcement)—see section 110.
conservator means the conservator of flora and fauna.
custodian, for territory land that is public land, unleased land or both, means the administrative unit or other entity with administrative responsibility for the land.
damage a protected tree—see section 14.
decision-maker—
(a)for this Act generally—means—
(i)for a decision or other function relating to a registered tree, a regulated tree, or a remnant tree located on land outside the built-up urban area—the conservator; or
(ii)for a decision or other function relating to a public tree—the director-general; and
(b)for subdivision 3.3.2 (Approved activities—canopy contributions), in relation to a protected tree that is proposed to be removed in accordance with a development approval—see section 34.
declared site means an area declared to be a declared site under section 69.
development—
(a)for this Act generally—see the Planning Act 2023, section 14; and
(b)for part 6 (Development applications—conservator’s advice)—see section 105.
development application—see the Planning Act 2023, section 166 (1).
development approval—see the Planning Act 2023, dictionary.
financial settlement, in relation to a canopy contribution agreement, for subdivision 3.3.2 (Approved activities—canopy contributions)—see section 36 (2) (b).
future urban area—see the Planning Act 2023, dictionary.
heritage register—see the Heritage Act 2004, section 20.
heritage tree means a tree that—
(a)forms part of a place that is registered or provisionally registered, or has been nominated for registration, on the heritage register; or
(b)forms part of an Aboriginal place or is an Aboriginal object.
internally reviewable decision, for part 8 (Notification and review of decisions)—see section 131.
internal review notice, for part 8 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
leased land means leased territory land, other than land leased for rural purposes, or purposes including rural purposes.
occupier, of premises, for part 7 (Enforcement)—see section 110.
offence, for part 7 (Enforcement)—see section 110.
on-site canopy contribution, in relation to a canopy contribution agreement, for subdivision 3.3.2 (Approved activities—canopy contributions)—see section 36 (2) (a).
place, in relation to a tree that forms part of a place—see the Heritage Act 2004, section 8.
premises includes land.
prohibited groundwork—see section 15.
protected tree—see section 9.
protection zone, for a protected tree—see section 13.
provisional registration period, for part 4 (Registration of trees)—see section 58 (1).
provisionally register a tree means provisionally register the tree under section 57.
public tree—see section 9, definition of protected tree paragraph (a) (iii).
public unleased land—see the Public Unleased Land Act 2013, section 8.
public unleased land permit, for division 5.2 (Tree bonds)—see the Public Unleased Land Act 2013, section 40.
register a tree means register the tree under section 62.
registered tree—see section 10.
registration criteria, for part 4 (Registration of trees)—see section 52 (1) (a).
regulated tree—see section 11.
remnant tree—see section 12.
representative Aboriginal organisation means—
(a)an organisation declared to be a representative Aboriginal organisation under the Heritage Act 2004, section 14; or
(b)an organisation prescribed by regulation.
restricted information, for part 4 (Registration of trees)—see section 51.
reviewable decision, for part 8 (Notification and review of decisions)—see section 131.
site declaration, for part 4 (Registration of trees)—see section 69 (2).
subdivision design application—see the Planning Act 2023, section 43 (1).
tree includes a palm tree.
tree bond—see section 92 (2) (b).
tree bond agreement, for division 5.2 (Tree bonds)—see section 92 (2).
tree management plan—
(a)for this Act generally—see section 78 (1); and
(b)for this Act other than section 78—includes a tree management plan approved under the Planning Act 2023, section 185 (5).
tree protection condition, of a development approval—see section 109 (1) (c).
tree protection direction—see section 44 (1).
tree register—see section 53 (1).
tree reparation direction, for subdivision 3.4.2 (Tree reparation directions)—see section 48 (2).
urban forest—see section 7.
warrant, for part 7 (Enforcement)—see section 110.
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
Urban Forest Act 2023 A2023-14
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
remainder commenced 1 January 2024 (s 2)as amended by
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.11
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.12
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))sch 2 pt 2.12 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))
Justice and Community Safety Legislation Amendment Act 2024 A2024-49 pt 12
notified LR 17 September 2024
s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))
pt 12 commenced 18 September 2024 (s 2 (4))Amendment history
Commencement
s 2om LA s 89 (4)
Dictionary
s 3am A2023-52 amdt 1.66
Meaning of urban forest
s 7am A2023-52 amdt 1.67
Meaning of built-up urban area
s 8am A2023-52 amdt 1.68, amdt 1.69
Meaning of protected tree
s 9am A2023-52 amdt 1.70
Meaning of regulated tree
s 11am A2024‑11 amdt 2.34, amdt 2.35
Exceptions—tree damaging and prohibited groundwork offences
s 18am A2024‑11 amdt 2.36
Application for approval of tree damaging etc activity
s 21am A2024-49 s 22
Approval application—referral to other entities
s 25am A2023-52 amdt 1.71
Approval application—notice of decision
s 29am A2023-52 amdt 1.72
Cancellation of approval
s 31am A2023-52 amdt 1.72
Definitions—sdiv 3.3.2
s 34def decision-maker am A2023-52 amdt 1.73
sub A2024-49 s 23
Decision on approval application—canopy contribution agreements
s 35am A2023-52 amdt 1.74, amdt 1.75; A2024-49 s 24, s 25
Tree reparation directions
s 48am A2024‑11 amdt 2.37
Site declarations
s 69am A2023-52 amdt 1.72
Tree management plans—proposal or application
s 78am A2023-52 amdt 1.77
Tree management plans—referral of proposal or application to other entities
s 82am A2023-52 amdt 1.78
Meaning of development—pt 6
s 105am A2023-52 amdt 1.79
Simplified outline—pt 6
s 106sub A2023-52 amdt 1.80
Land subject to development—conservator may give advice about tree protection
s 107am A2023-52 amdt 1.81
Conservator’s advice about tree protection
s 108am A2023-52 amdt 1.82
Review of Act
s 145exp 1 January 2027 (s 145 (2))
Repeals
pt 10 hdgom LA s 89 (3)
Legislation repealed
s 146om LA s 89 (3)
Transitional
pt 20 hdgexp 1 January 2026 (s 317)
Definitions—pt 20
s 300exp 1 January 2026 (s 317)
Applications for approval made before commencement day
s 301exp 1 January 2026 (s 317)
Approvals in force before commencement
s 302exp 1 January 2026 (s 317)
Approvals in force with uncommenced extension
s 303exp 1 January 2026 (s 317)
Applications for tree management plans made before commencement day
s 304exp 1 January 2026 (s 317)
Nominations for tree registration before commencement day
s 305exp 1 January 2026 (s 317)
Provisional registration of trees before commencement day
s 306exp 1 January 2026 (s 317)
Registration of trees before commencement day
s 307exp 1 January 2026 (s 317)
Proposal to cancel tree registration made before commencement day
s 308exp 1 January 2026 (s 317)
Aboriginal heritage trees under repealed Act
s 309exp 1 January 2026 (s 317)
Site declaration made before commencement day
s 310exp 1 January 2026 (s 317)
Declarations under repealed Act, s 64
s 311exp 1 January 2026 (s 317)
Approvals under repealed Act, s 66
s 312exp 1 January 2026 (s 317)
Tree protection directions in force before commencement day
s 313exp 1 January 2026 (s 317)
Authorised people
s 314exp 1 January 2026 (s 317)
Instruments under repealed Act
s 315exp 1 January 2026 (s 317)
Transitional regulations
s 316exp 1 January 2026 (s 317)
Expiry—pt 20
s 317exp 1 January 2026 (s 317)
Dictionary
dictam A2023-52 amdt 1.83
def decision-maker am A2023-52 amdt 1.84; A2024-49 s 26
def development am A2023-52 amdt 1.85
def development application am A2023-52 amdt 1.86
def development approval am A2023-52 amdt 1.87
def estate development plan om A2023-52 amdt 1.88
def future urban area am A2023-52 amdt 1.89
def subdivision design application ins A2023-52 amdt 1.90
def tree management plan am A2023-52 amdt 1.91
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
1 Jan 20241 Jan 2024–
17 Sept 2024A2023‑52 new Act and amendments by A2023‑52 R2
18 Sept 202418 Sept 2024–
14 May 2025A2024‑49 amendments by A2024‑49
0
0
0