Urban Forest Act 2023

Sections 16 and 17 do not apply to the following:

anything done in relation to a protected tree, other than a registered tree or a remnant tree, as part of civil infrastructure works on unleased territory land or national land;

an activity carried out by an administrative unit authorised by the Minister under section 19;

an activity approved under section 28 or section 32 that is done in accordance with the conditions (if any) of the approval (whether or not done by the applicant for the approval);

anything done in accordance with—

a tree management plan; or

a tree protection direction; or

a tree reparation direction; or

a tree protection condition of a development approval; or

the Biosecurity Act 2023;

anything done in relation to a regulated tree under—

a plant pruning direction under the Public Unleased Land Act 2013, section 31 (Direction to prune tree etc overhanging public unleased land); or

a plant removal direction under the Public Unleased Land Act 2013, section 34 (Direction to remove tree etc endangering public on public unleased land);

anything done in relation to a public tree or a regulated tree under—

any of the following provisions of the Utilities Act 2000:

section 105 (Installation of network facilities);

section 106 (Maintenance of network facilities);

section 231 (Installation of territory network facilities);

section 232 (Maintenance of territory network facilities); or

a territory network protection notice given under the Utilities Act 2000, section 249;

a network protection notice given under the Utilities (Technical Regulation) Act 2014, section 32; or

any of the following provisions of the Utilities (Technical Regulation) Act 2014:

section 41D (Clearance from aerial lines—vegetation);

section 41H (Maintenance of electrical infrastructure within network boundary—powers);

section 41I (Inspection of electrical infrastructure outside network boundary);

anything done in relation to a registered tree or a remnant tree under any of the following provisions for protecting life or property if it is not practicable, because of the urgency of the situation, to obtain an approval under section 32:

either of the following provisions of the Utilities Act 2000:

section 106 (Maintenance of network facilities);

section 232 (Maintenance of territory network facilities);

any of the following provisions of the Utilities (Technical Regulation) Act 2014:

section 41D (Clearance from aerial lines—vegetation);

section 41H (Maintenance of electrical infrastructure within network boundary—powers);

section 41I (Inspection of electrical infrastructure outside network boundary);

anything done in the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—

protecting life or property; or

controlling, extinguishing or preventing the spread of a fire.

Note Despite the exceptions mentioned in s (1), a tree may still be protected under the Heritage Act 2004 if the tree is a heritage tree (see dict, def heritage tree).

In this section:

emergency controller—see the Emergencies Act 2004, dictionary.

relevant person means any of the following:

an emergency controller;

a member of the ambulance service;

a member of the fire and rescue service;

a member of the rural fire service;

a member of the SES;

any other person under the control of—

an emergency controller; or

the chief officer (ambulance service); or

the chief officer (fire and rescue service); or

the chief officer (rural fire service); or

the chief officer (SES);

a police officer.

remnant tree means a remnant tree located on land outside the built‑up urban area.