Canopy contribution agreements—on-site canopy contribution—Act, s 36 (5) (a)
6 Canopy contribution agreements—on-site canopy contribution—Act, s 36 (5) (a)
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.
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