Urban Forest Act 2023

Within 35 working days after the day the decision-maker for an application under section 21 receives the application, the decision‑maker must decide whether to approve the activity to which it relates.

In working out the 35-working day period, any period when a requirement under section 22 (1) was not complied with is disregarded.

However, the decision-maker may, by written notice given to the applicant, extend the period for deciding an application for a stated period if, while the decision-maker is considering the application—

the tree to which the application relates is damaged; and

the decision-maker is reasonably satisfied that additional time is needed to investigate the circumstances that led to the tree’s damage.

The period for deciding an application may also be extended or suspended in extraordinary circumstances (see s 138).

In making a decision on the application, the decision-maker must take into account the following:

the approval criteria;

the advice (if any) of the advisory panel;

the advice (if any) of an entity to which the application was given under section 25;

anything else the decision-maker considers relevant.

An approval may be given subject to conditions stated in the approval.

This section is subject to section 35 (Decision on approval application—canopy contribution agreements).

Under s 35, if the decision-maker approves the removal of a protected tree under this section, the applicant must enter into a canopy contribution agreement with the decision-maker in relation to the tree’s removal.