Urban Forest Regulation 2023

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:

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:

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.