Urban Forest Act 2023

This section applies if—

a person applies for approval to remove a protected tree under section 21 (1) (a); and

the decision-maker in relation to the protected tree approves the removal of the tree under section 28.

This section also applies if—

a person applies under the Planning Act 2023, chapter 7 (Development assessment and approvals) for approval of a development that proposes to remove a protected tree; and

the territory planning authority approves the development proposal in accordance with the Planning Act 2023.

For a simplified outline of this Act, pt 6 (Development applications—conservator’s advice) and the Planning Act 2023, ch 7 (Development assessment and approvals), see s 106.

The applicant must enter into an agreement (a canopy contribution agreement) with the decision-maker in relation to the tree’s removal.

The decision-maker in relation to a protected tree that is proposed to be removed in accordance with a development approval is the territory planning authority.

However, the applicant need not enter into a canopy contribution agreement if—

the decision-maker is satisfied that—

the tree to which the application relates is planted in a group of trees and removal of the tree would benefit the health of the other trees in the group; or

the circumstances of the application require the tree to be removed urgently to protect the health or safety of people or animals, or public or private property; or

the approval relates to a public tree and an administrative unit has—

approved the removal of the tree at the applicant’s cost; and

stated, in writing, that the tree would be removed by the administrative unit as part of an activity authorised under section 19; or

the tree to which the approval relates is dead; or

the tree to which the approval relates is subject to advice given to the conservator by the heritage council or a representative Aboriginal organisation under the Heritage Act 2004, part 10A (Tree damaging activity etc).

An applicant may also apply to the decision-maker for an exemption from the requirement to enter into a canopy contribution agreement (see s 39).