Overview

The Norfolk Island Trees Regulations 1999, enacted under the authority of the Norfolk Island Legislation Amendment Ordinance 2015, aim to regulate the protection and management of trees on Norfolk Island, ensuring their conservation and sustainable use. These regulations were introduced to address the need for a structured approach to managing the island's tree resources, particularly those of ecological and economic significance. They provide specific guidelines for the protection of trees, the measurement of tree height, and the imposition of royalties for tree-related activities. The policy objective is to safeguard Norfolk Island's unique flora while facilitating economic activities that depend on tree resources. The Regulations were last amended by the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, which introduced various updates to ensure the regulations remain effective and relevant.

Scope and Application

The Norfolk Island Trees Regulations 1999 apply to Norfolk Island and are made under the authority of the Trees Act 1997. They govern the protection and management of trees on the island, particularly focusing on certain species deemed protected. The Regulations specify which trees are protected, with the protection applying to trees of species listed in the Schedule unless a certain height is specified, in which case the protection applies only once the tree reaches that height. The Regulations detail the method for measuring a tree's height and outline the information required for the registration of plantations, including maps and evidence of planting dates and purposes. Furthermore, the Regulations set the royalty rates for trees based on their trunk diameters, measured at a specified height. These provisions collectively ensure the sustainable management and protection of Norfolk Island's tree species, supporting the island's ecological balance and forestry practices.

Key Provisions

The Trees Regulations 1999 (Norfolk Island) provide a framework for the protection and management of trees on Norfolk Island. The main operative sections, such as those regarding protected trees (Regulation 3), measuring the height of trees (Regulation 4), and the imposition of royalties (Regulation 8), establish the criteria and procedures for managing tree resources. Regulation 3(1) specifies that trees of species listed in the Schedule are protected unless a height is specified, in which case they only become protected once they reach that height (Regulation 3(2)). The height of trees is to be measured from the highest point of the ground surrounding the base of the trunk (Regulation 4). The prescribed royalty rate is set at $0.85 per centimetre of trunk diameter, with an additional $1.75 for each centimetre over 50 centimetres (Regulation 8(1)). The Regulations impose several obligations on the parties or entities they govern. For example, the registration of a plantation area requires an application to include specific information such as a map detailing the area's boundaries and the locations, heights, and trunk diameters of protected trees within it (Regulation 6). The application must also provide evidence of the planting dates and purposes for trees planted after 1 January 1973 for forestry purposes (Regulation 6(b)). Additionally, the application must state that the plantation area does not come within 3 metres of any other protected tree, except those planted after 1 January 1973 for forestry purposes (Regulation 6(d)). The Regulations also outline the consequences for breaches, although they do not explicitly state specific offences or penalties within the Regulations themselves. However, non-compliance with the requirements for registering a plantation area could potentially lead to enforcement actions under the Trees Act 1997, which might include fines or other penalties as prescribed by the Act. The penalties for not adhering to the royalty imposition rules could similarly result in financial penalties or other enforcement measures as outlined in the Trees Act 1997.