Urban Forest Act 2023

For this Act, a person does prohibited groundwork in the protection zone for a protected tree if the person—

contaminates the soil in the protection zone with something that is poisonous to trees; or

damages the tree’s root system in the protection zone; or

engages in conduct that would compact the soil in at least 10% of the protection zone; or

excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or

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

does anything else prescribed by regulation that—

is likely to cause the tree to die; or

significantly reduces the tree’s life expectancy; or

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

For this Act, a person does prohibited groundwork in a declared site if the person—

excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or

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

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