Urban Forest Regulation 2023

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.