Urban Forest Act 2023

This Act is the Urban Forest Act 2023.

The dictionary at the end of this Act is part of this Act.

Note 1 The 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 2 A 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)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal 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 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and important concepts

The objects of this Act are—

to support a resilient and sustainable urban forest that contributes to community wellbeing in a changing climate; and to protect and enhance the urban forest by recognising its value, including its cultural and heritage value; and to contribute to biodiversity in urban areas; and to support a target of the tree canopy covering 30% of the Territory’s urban areas.

In this Act:

urban forest means the trees located on land in—

built-up urban areas; and

future urban areas; and

any area that is the subject of a subdivision design application.

Note An 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)).

In this Act:

built-up urban area—

means an area in any of the following zones identified in the territory plan:

residential zone (RZ);

commercial zone (CZ);

community facility zone (CFZ);

industrial zone (IZ);

urban open space zone (PRZ1); and

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

does not include the following areas:

a reserve;

an area in the hills, ridges and buffer zone (NUZ3);

a rural lease.

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.

A declaration is a notifiable instrument.

In this section:

reserve—see the Nature Conservation Act 2014, section 169.

rural lease—see the Planning Act 2023, section 256.

In this Act:

protected tree means—

each of the following trees located on land in built-up urban areas:

a registered tree;

a regulated tree;

a tree on public unleased land (a public tree); and

a registered tree or a remnant tree located on land in—

a future urban area; or

an area that is the subject of a subdivision design application.

In this Act:

registered tree means a tree that is registered or provisionally registered under part 4 (Registration of trees).

In this Act:

regulated tree means—

a living tree on leased land that—

is at least 8m high; or

has a canopy at least 8m wide; or

has 1 trunk that, 1.4m above natural ground level, has—

a circumference of at least 1m; or

a diameter of at least 318mm; or

has 2 or more trunks and, 1.4m above natural ground level, the average circumference of the trunks is at least 625mm, and—

the sum of the circumferences of each trunk is at least 1m; or

the sum of the diameters of each trunk is at least 318mm; or

regardless of the size of the tree—has been planted for not more than 5 years—

under a canopy contribution agreement; or

in accordance with a tree protection condition of a development approval; or

a dead native tree on leased land that, 1.4m above natural ground level, has a trunk with—

a circumference of at least 1.88m; or

a diameter of at least 600mm.

However, a tree is not a regulated tree if it is—

a declared pest; or

a registered tree.

In this section:

circumference of a trunk—

includes bark that is intact but does not include vines; and

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 native plant; and

at least 2m high.

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

For this Act, the protection zone for a protected tree is—

the area under the canopy of the tree; and

the 2m wide area surrounding the vertical projection of the canopy; and

the 4m wide area surrounding the trunk as measured at 1m above natural ground level.

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 3 Protection of trees

Division 3.1 Definitions