Urban Forest Regulation 2023

This regulation is the Urban Forest Regulation 2023.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘home owner, for part 2 (Canopy contribution agreements)—see section 5.’ means that the term ‘home owner’ is defined in that section for that part.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

In this part:

canopy cover restoration period means the period within which a tree canopy cover must be restored.

common property—see the Unit Titles Act 2001, section 13.

financial settlement amount—see section 7 (1).

home owner—a person is a home owner if—

the person—

is the lessee of land; and

provides written evidence that they—

have been living on the land for at least 2 years; or

intend to live on the land for at least 2 years; or

for land that is the common property of a units plan—the person is an owners corporation holding the lease for the land, but only when the corporation is not—

an applicant for development approval for development involving the removal of a protected tree on the land; or

an approval-holder in relation to development involving the removal of a protected tree on the land.

Note The owners corporation is granted a lease for the common property on registration of a units plan (see Unit Titles Act 2001, s 33 (2) (b)).

owner, in relation to a unit in a units plan—see the Unit Titles Act 2001, dictionary.

owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary.

parcel, in relation to a units plan—see the Unit Titles Act 2001, section 5 (b).

replacement tree, in relation to the removal of a protected tree from land, means a tree to be planted on the land to replace the protected tree as part of an on-site canopy contribution under a canopy contribution agreement.

units plan—see the Unit Titles Act 2001, dictionary.

unit subsidiary—see the Unit Titles Act 2001, section 12.

In this section:

approval-holder—see the Planning Act 2023, dictionary.

In working out an on-site canopy contribution for an applicant who is a home owner, the number of replacement trees for each protected tree approved for removal is—

if the decision-maker is satisfied it is feasible to plant 2 replacement trees—2 trees; or

in any other case—as near as practicable to, but not more than, 2 trees.

In considering the feasibility of planting a replacement tree for subsection (1), if the land where the protected tree is located is part of a unit or the common property of a units plan, the decision‑maker may only consider—

if the applicant is an owner of a unit in the units plan—the land shown on the units plan as the owner’s unit, including any unit subsidiary annexed to the unit; and

if the applicant is the owners corporation for the units plan—the common property of the units plan.

In working out an on-site canopy contribution for an applicant other than a home owner, the decision-maker must be satisfied that, at the end of the canopy cover restoration period, the combined projected canopy area of all the replacement trees will be equal to the combined canopy area of all the protected trees approved for removal.

The size of a replacement tree for an on-site canopy contribution must be at least the minimum size determined under subsection (5) (b).

The Minister may determine the following:

the canopy cover restoration period;

the minimum size of a replacement tree;

the projected canopy area of a replacement tree at the end of the canopy cover restoration period.

A determination is a disallowable instrument.

In this section:

applicant means a person entering into a canopy contribution agreement under the Act, section 35 in relation to the removal of a protected tree.

In working out the amount to be paid for a financial settlement, an applicant must pay the following amount (the financial settlement amount):

for a home owner—$1 200 for each protected tree on the land approved for removal;

for an applicant other than a home owner—the amount worked out as follows:

ZM

AG means the amount gained, at the end of the canopy cover restoration period, from planting a replacement tree.

AL means the amount lost, at the end of the canopy cover restoration period, from removing the protected tree.

RC means the cost of planting a replacement tree.

ZM means the modifying number (the zone modifier) for the zone where the lessee’s land is located.

However, the financial settlement amount payable by an applicant may be reduced by the following amount:

for a home owner—

$600 for each replacement tree the home owner agrees to plant in accordance with an on-site canopy contribution worked out under section 6; and

if the decision-maker is satisfied at least 30% of the land where a protected tree is located is covered by tree canopy when the application is made—$600 for each replacement tree it is not feasible to plant; and

if the home owner holds a Commonwealth concession card—50% of the amount payable after any deductions under subparagraphs (i) and (ii) are made;

for an applicant other than a home owner—an amount equal to the value of the number of replacement trees the applicant agrees to plant.

For subsection (2) (a) (ii), if the land where the protected tree is located is part of a unit or the common property of a units plan, the decision‑maker—

in considering the percentage of the land covered by tree canopy, may consider the whole parcel of land; and

in considering the feasibility of planting a replacement tree on the land, may only consider—

if the applicant is an owner of a unit in the units plan—the land shown on the units plan as the owner’s unit, including any unit subsidiary annexed to the unit; and

if the applicant is the owners corporation for the units plan—the common property of the units plan.

The Minister may determine the following:

the amount lost from removing a protected tree;

the amount gained from planting a replacement tree;

the canopy cover restoration period;

the cost of planting a replacement tree;

the zone modifier for a zone.

A determination is a disallowable instrument.

In this section:

applicant—see section 6 (7).

Commonwealth concession card means any of the following cards:

a current health care card issued under the Social Security Act 1991 (Cwlth);

a current pensioner concession card issued under the Social Security Act 1991 (Cwlth);

a current pensioner concession card issued in relation to a pension under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth);

a current gold card.

gold card means a card known as the Repatriation Health Card For All Conditions that evidences a person’s eligibility, under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases.

zone means an area identified as a zone in the territory plan.

If the applicant under the Act, section 21 is a home owner, the matters in subsection (2) are prescribed in relation to the land where the protected tree is located.

The decision-maker must consider—

whether at least 30% of the land is predicted to be covered by tree canopy immediately after the protected tree is removed; and

if at least 30% of the land is predicted to be covered by tree canopy immediately after the protected tree is removed—the feasibility of planting a replacement tree on the land.

For subsection (2), if the land where the protected tree is located is part of a unit or the common property of a units plan, the decision‑maker—

in considering the percentage of the land predicted to be covered by tree canopy, may consider the whole parcel of land; and

in considering the feasibility of planting a replacement tree on the land, may only consider—

if the applicant is an owner of a unit in the units plan—the land shown on the units plan as the owner’s unit, including any unit subsidiary annexed to the unit; and

if the applicant is the owners corporation for the units plan—the common property of the units plan.

The following documents are prescribed:

a report stating the condition of the protected tree;

a statement setting out—

how the applicant proposes to protect the tree from damage (the protection measures); and

Examples—protection measures

fencing, signage

how the protection measures are in accordance with any government policy relating to tree protection.

Example—government policy relating to tree protection

tree management plan guidelines

The amount of a tree bond is—

for a registered tree—the greater of—

$3 000; and

3 times the value of the tree; and

for any other tree—the amount decided by the decision-maker.

For subsection (1) (b), the amount must be—

at least—

$3 000; or

if the value of the tree is more than $3 000—the value of the tree; but

not more than 3 times the value of the tree.

The value of a tree is worked out as follows:

AG—see section 7 (1).

AL—see section 7 (1).

RC—see section 7 (1).

This section applies if a decision-maker is deciding—

the amount of a tree bond; or

the period for which a tree bond has effect.

The decision-maker—

must take into account the following:

for a young tree—the cost of replacing the tree;

whether the applicant for a tree bond agreement has a history of not complying with the Act or the repealed Act;

whether the decision-maker has previously refused to refund the amount of a tree bond to the applicant; and

may take into account the following:

the condition of the tree to which the tree bond relates;

the risk of damage to the tree, taking into consideration the tree’s species;

the tree’s proximity to any activity to be carried out for a plan, permit or development mentioned in the Act, section 92 (1) (a).

Examples—activities that may be carried out

demolition, excavation, construction

In this section:

repealed Act means the Tree Protection Act 2005.