Urban Forest Act 2023

The following notes provide a simplified outline of this part and the Planning Act 2023, chapter 7 (Development assessment and approvals).

The territory planning authority may be required to refer a development application to the conservator (see Planning Act 2023, s 170 and s 171).

The conservator gives advice to the territory planning authority, within the prescribed number of days, in relation to tree protection and the development (see Planning Act 2023, s 172). The conservator may also give the authority advice about tree protection on land subject to development under this Act, s 107.

An approval for a development that includes works in a declared site or the protection zone of a protected tree must include a condition that the development comply with any applicable tree protection conditions, which may include a tree management plan, a canopy contribution agreement, and a tree bond agreement (see Planning Act 2023, s 187 (1) (f)).

The conservator’s advice must be considered by the decision‑maker in deciding a development application referred to the conservator (see Planning Act 2023, s 186 (i), s 189 and s 190).

A development approval that is inconsistent with the conservator’s advice in relation to a regulated tree or a public tree may be given by the decision‑maker in certain circumstances (see Planning Act 2023, s 190 (1) (a) (i)).

A development approval that is inconsistent with the conservator’s advice in relation to a registered tree, remnant tree or declared site may only be given by the Minister in certain circumstances for a territory priority project (see Planning Act 2023, s 190 (1) (a) (ii)).