Urban Forest Act 2023

This section applies if a decision-maker enters into a canopy contribution agreement with an applicant under section 35 in relation to a protected tree.

The canopy contribution agreement must state that it is subject to either or both of the following conditions, as decided by the decision‑maker:

the applicant must make a contribution (an on-site canopy contribution) to the tree canopy on the land where the protected tree is located;

the applicant must pay an amount (a financial settlement) to the Territory.

If the canopy contribution agreement is subject to a condition that the applicant make an on-site canopy contribution—

the agreement must state how many trees are to be planted on the land; and

the on-site canopy contribution must comply with any requirements prescribed by regulation.

If the canopy contribution agreement is subject to a condition that the applicant pay a financial settlement—

the agreement must state the amount of the financial settlement to be paid; and

the decision-maker must take into account any matter prescribed by regulation in deciding the amount.

A regulation may prescribe the following, or how to work out the following:

for an on-site canopy contribution—the number of trees, and the size of the trees, to be planted on land; and

for a financial settlement—the amount to be paid.