Urban Forest Act 2023

The Minister must, as soon as practicable after the end of this Act’s 2nd year of operation—

review the operation and effectiveness of this Act; and

present a report of the review to the Legislative Assembly.

Note A reference to an Act includes a reference to any statutory instrument made or in force under the Act (see Legislation Act, s 104).

This section expires 3 years after the day it commences.

Schedule 1 Reviewable decisions (see pt 8)

Part 1.1 Internally 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 1.2 Reviewable 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)

Note The 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:

Aboriginal tradition;

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—

is a descendant of an Aboriginal person; and

identifies as an Aboriginal person; and

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—

for this Act generally—means—

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

for a decision or other function relating to a public tree—the director-general; and

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—

for this Act generally—see the Planning Act 2023, section 14; and

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—

forms part of a place that is registered or provisionally registered, or has been nominated for registration, on the heritage register; or

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—

an organisation declared to be a representative Aboriginal organisation under the Heritage Act 2004, section 14; or

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—

for this Act generally—see section 78 (1); and

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.