{"id":"a-2023-14","name":"Urban Forest Act 2023","slug":"urban-forest-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"14 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24415,"registerId":"act-a-2023-14-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Urban Forest Act 2023.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘future urban area—see the\nPlanning Act 2023, dictionary.’ means that the term ‘future urban area’\nis defined in the dictionary of that Act, and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are—\n(a) to support a resilient and sustainable urban forest that\ncontributes to community wellbeing in a changing climate; and\n(b) to protect and enhance the urban forest by recognising its value,\nincluding its cultural and heritage value; and\n(c) to contribute to biodiversity in urban areas; and\n(d) to support a target of the tree canopy covering 30% of the\nTerritory’s urban areas.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of urban forest","content":"7 Meaning of urban forest\nurban forest means the trees located on land in—\n(a) built-up urban areas; and\n(b) future urban areas; and\n(c) any area that is the subject of a subdivision design application.\nNote An area of land ceases to be in a future urban area if the territory plan is\namended because of the approval of a subdivision design application for\nthe land (see Planning Act 2023, s 44 (2)).\n\nObjects and important concepts Part 2\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of built-up urban area","content":"8 Meaning of built-up urban area\nbuilt-up urban area—\n(a) means an area in any of the following zones identified in the\nterritory plan:\n(i) residential zone (RZ);\n(ii) commercial zone (CZ);\n(iii) community facility zone (CFZ);\n(iv) industrial zone (IZ);\n(v) urban open space zone (PRZ1); and\n(b) includes an area that is a verge of a road, and the road is in or\nadjacent to a zone mentioned in paragraph (a); but\n(c) does not include the following areas:\n(i) a reserve;\n(ii) an area in the hills, ridges and buffer zone (NUZ3);\n(iii) a rural lease.\n(2) Despite the definition of built-up urban area, paragraph (c), the\nMinister may declare an area mentioned in paragraph (c) to be a\nbuilt-up urban area.\n(3) A declaration is a notifiable instrument.\nreserve—see the Nature Conservation Act 2014, section 169.\nrural lease—see the Planning Act 2023, section 256.\n\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of protected tree","content":"9 Meaning of protected tree\nprotected tree means—\n(a) each of the following trees located on land in built-up urban\nareas:\n(i) a registered tree;\n(ii) a regulated tree;\n(iii) a tree on public unleased land (a public tree); and\n(b) a registered tree or a remnant tree located on land in—\n(i) a future urban area; or\n(ii) an area that is the subject of a subdivision design\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of registered tree","content":"10 Meaning of registered tree\nregistered tree means a tree that is registered or provisionally\nregistered under part 4 (Registration of trees).\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of regulated tree","content":"11 Meaning of regulated tree\nregulated tree means—\n(a) a living tree on leased land that—\n(i) is at least 8m high; or\n(ii) has a canopy at least 8m wide; or\n(iii) has 1 trunk that, 1.4m above natural ground level, has—\n(A) a circumference of at least 1m; or\n\nObjects and important concepts Part 2\n(B) a diameter of at least 318mm; or\n(iv) has 2 or more trunks and, 1.4m above natural ground level,\nthe average circumference of the trunks is at least 625mm,\nand—\n(A) the sum of the circumferences of each trunk is at least\n1m; or\n(B) the sum of the diameters of each trunk is at least\n318mm; or\n(v) regardless of the size of the tree—has been planted for not\nmore than 5 years—\n(A) under a canopy contribution agreement; or\n(B) in accordance with a tree protection condition of a\ndevelopment approval; or\n(b) a dead native tree on leased land that, 1.4m above natural ground\nlevel, has a trunk with—\n(i) a circumference of at least 1.88m; or\n(ii) a diameter of at least 600mm.\n(2) However, a tree is not a regulated tree if it is—\n(a) a declared pest; or\n(b) a registered tree.\ncircumference of a trunk—\n(a) includes bark that is intact but does not include vines; and\n(b) is measured using a measuring tape wrapped around the tree\nmeeting at 2 points.\ndeclared pest—see the Biosecurity Act 2023, section 11 (2).\n\nnative plant—see the Nature Conservation Act 2014, section 14.\nnative tree means a tree that is—\n(a) a native plant; and\n(b) at least 2m high.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of remnant tree","content":"12 Meaning of remnant tree\nremnant tree means a native tree that is a remnant of, or has\nregenerated from, the original vegetation that existed on the land\nwhere the tree is located.\nEucalyptus blakelyi, Eucalyptus mannifera, Eucalyptus rossii, Eucalyptus\nmacrorhyncha, Eucalyptus melliodora, Eucalyptus polyanthemos, Eucalyptus\nalbens, Eucalyptus dives, Eucalyptus bridgesiana\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of protection zone for protected tree","content":"13 Meaning of protection zone for protected tree\n(1) For this Act, the protection zone for a protected tree is—\n(a) the area under the canopy of the tree; and\n(b) the 2m wide area surrounding the vertical projection of the\ncanopy; and\n(c) the 4m wide area surrounding the trunk as measured at 1m above\nnatural ground level.\n(2) However, if another protection zone is defined in a tree management\nplan in force for the protected tree, that protection zone is the\nprotection zone for the tree.\n\nDefinitions Division 3.1\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of damage","content":"14 Meaning of damage\ndamage a protected tree includes the following:\n(a) kill or destroy the tree;\n(b) poison the tree;\n(c) ringbark the tree (whether partially or completely);\n(d) fell or remove the tree;\n(e) remove a hollow from the tree;\n(f) minor damage or anything else done to or in relation to the tree\nthat—\n(i) is likely to cause it to die; or\n(ii) significantly reduces its life expectancy; or\n(iii) significantly and adversely affects its health, stability or\ngeneral appearance.\n1 damage a protected tree’s trunk or canopy by means of a machine\n2 damage a protected tree’s root system by cutting or ripping its roots or\ncompacting the soil\n3 deface a protected tree by attaching items, such as nails or wire, to the tree or\ngraffitiing the tree\n4 contaminate soil around a protected tree by spilling chemicals or washing\ndown construction products, such as cement, around the tree\n\n(2) However, damage does not include—\n(a) minor pruning of a regulated tree; or\n(b) any cultural heritage practice undertaken in relation to a\nprotected tree.\nExample—par (b)\nscarring or similarly modifying a tree\nhollow means a cavity in the trunk or branch of a tree.\nmajor pruning, of a tree, means pruning other than lopping,\npollarding or minor pruning.\nminor damage, to a tree, means—\n(a) removing, cutting or breaking a branch of the tree; or\n(b) cutting branches or stems of the tree between branch unions\n(lopping); or\n(c) removing branches of the tree to a previously pruned or lopped\npoint (pollarding); or\n(d) major pruning of the tree; or\n(e) defacing the tree.\nminor pruning, of a tree, means pruning that—\n(a) only involves removing deadwood; or\n(b) does not involve removing any limbs that have a diameter\ngreater than 100mm; or\n(c) does not adversely affect the general appearance of the tree; or\n\nDefinitions Division 3.1\n(d) for the first pruning of the tree in the calendar year—affects less\nthan 10% of the canopy and does not alter the overall shape of\nthe canopy; or\n(e) for a fruit tree—is done for fruit production.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of prohibited groundwork","content":"15 Meaning of prohibited groundwork\n(1) For this Act, a person does prohibited groundwork in the protection\nzone for a protected tree if the person—\n(a) contaminates the soil in the protection zone with something that\nis poisonous to trees; or\n(b) damages the tree’s root system in the protection zone; or\n(c) engages in conduct that would compact the soil in at least 10%\nof the protection zone; or\n(d) excavates to a depth greater than 100mm over an area 4m² or\nlarger, other than in cultivating the soil for horticultural\npurposes; or\n(e) raises the soil level by more than 100mm above the natural\nground level over an area 4m² or larger, other than in cultivating\nthe soil for horticultural purposes; or\n(f) does anything else prescribed by regulation that—\n(i) is likely to cause the tree to die; or\n(ii) significantly reduces the tree’s life expectancy; or\n(iii) significantly and adversely affects the tree’s health,\nstability or general appearance.\nExamples—par (b)—damages protected tree’s root system\n1 cuts or rips a protected tree’s root system, whether by machine or otherwise\n2 reduces the permeable surface around a protected tree\n3 compacts or contaminates the soil around a protected tree\n\nExamples—par (c)—conduct that would compact soil\n1 park a heavy vehicle on the soil in a protected tree’s protection zone\n2 install a concrete slab or non-permeable pavers over a protected tree’s\nprotection zone\n3 store heavy materials in a protected tree’s protection zone\n4 use a compaction machine on the soil in a protected tree’s protection zone\n5 place a shipping container in a protected tree’s protection zone\nExamples—pars (d) and (e)—cultivation for horticultural purposes\n1 preparing garden beds for planting\n2 planting trees and shrubs\n(2) For this Act, a person does prohibited groundwork in a declared site\nif the person—\n(a) excavates to a depth greater than 100mm over an area 4m² or\nlarger, other than in cultivating the soil for horticultural\npurposes; or\n(b) raises the soil level by more than 100mm above the natural\nground level over an area 4m² or larger, other than in cultivating\nthe soil for horticultural purposes; or\n(c) does anything else prescribed by regulation.\nExamples—pars (a) and (b)—cultivation for horticultural purposes\n1 preparing garden beds for planting\n2 planting trees and shrubs\n\n","sortOrder":13},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"2.1 Prohibited activities—offences","content":"Subdivision 3.2.1 Prohibited activities—offences\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Offences—damaging protected trees","content":"16 Offences—damaging protected trees\n(b) the person intends to damage the protected tree.\nMaximum penalty: 500 penalty units.\n(2) A person commits an offence if—\n(b) the person is reckless about whether engaging in the conduct\nwould damage the protected tree.\nMaximum penalty: 300 penalty units.\n(3) A person commits an offence if—\n(a) the person engages in conduct; and\n(b) the person is reckless about whether engaging in the conduct\nwould damage a protected tree.\n(4) A person commits an offence if—\n(b) the person is negligent about whether engaging in the conduct\nwould damage the protected tree.\n\n(5) A person commits an offence if the person engages in conduct that\ndamages, or is likely to damage, a protected tree.\n(6) For subsections (1), (2), (3) and (4), strict liability applies to the\ncircumstance that the tree is a protected tree.\n(7) An offence against subsection (5) is a strict liability offence.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Offences—doing prohibited groundwork","content":"17 Offences—doing prohibited groundwork\n(c) the person has intention in relation to the circumstance\nmentioned in paragraph (b).\nMaximum penalty: 300 penalty units.\n(2) A person commits an offence if—\n(c) the person is reckless in relation to the circumstance mentioned\nin paragraph (b).\nMaximum penalty: 200 penalty units.\n\n(3) A person commits an offence if—\n(c) the person is negligent in relation to the circumstance mentioned\nin paragraph (b).\n(4) A person commits an offence if the person does prohibited\ngroundwork in—\n(a) the protection zone for a protected tree; or\n(b) a declared site.\n(5) An offence against subsection (4) is a strict liability offence.\nSubdivision 3.2.2 Prohibited activities—exceptions\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Exceptions—tree damaging and prohibited groundwork","content":"18 Exceptions—tree damaging and prohibited groundwork\noffences\n(1) Sections 16 and 17 do not apply to the following:\n(a) anything done in relation to a protected tree, other than a\nregistered tree or a remnant tree, as part of civil infrastructure\nworks on unleased territory land or national land;\n(b) an activity carried out by an administrative unit authorised by\nthe Minister under section 19;\n(c) an activity approved under section 28 or section 32 that is done\nin accordance with the conditions (if any) of the approval\n(whether or not done by the applicant for the approval);\n\n(d) anything done in accordance with—\n(i) a tree management plan; or\n(ii) a tree protection direction; or\n(iii) a tree reparation direction; or\n(iv) a tree protection condition of a development approval; or\n(v) the Biosecurity Act 2023;\n(e) anything done in relation to a regulated tree under—\n(i) a plant pruning direction under the Public Unleased Land\nAct 2013, section 31 (Direction to prune tree etc\noverhanging public unleased land); or\n(ii) a plant removal direction under the Public Unleased Land\nAct 2013, section 34 (Direction to remove tree etc\nendangering public on public unleased land);\n(f) anything done in relation to a public tree or a regulated tree\nunder—\n(i) any of the following provisions of the Utilities Act 2000:\n(A) section 105 (Installation of network facilities);\n(B) section 106 (Maintenance of network facilities);\n(C) section 231 (Installation of territory network\nfacilities);\n(D) section 232 (Maintenance of territory network\nfacilities); or\n(ii) a territory network protection notice given under the\nUtilities Act 2000, section 249;\n(iii) a network protection notice given under the Utilities\n(Technical Regulation) Act 2014, section 32; or\n\n(iv) any of the following provisions of the Utilities (Technical\nRegulation) Act 2014:\n(A) section 41D (Clearance from aerial lines—\nvegetation);\n(B) section 41H (Maintenance of electrical infrastructure\nwithin network boundary—powers);\n(C) section 41I (Inspection of electrical infrastructure\noutside network boundary);\n(g) anything done in relation to a registered tree or a remnant tree\nunder any of the following provisions for protecting life or\nproperty if it is not practicable, because of the urgency of the\nsituation, to obtain an approval under section 32:\n(i) either of the following provisions of the Utilities Act 2000:\n(A) section 106 (Maintenance of network facilities);\n(B) section 232 (Maintenance of territory network\nfacilities);\n(ii) any of the following provisions of the Utilities (Technical\nRegulation) Act 2014:\n(A) section 41D (Clearance from aerial lines—\nvegetation);\n(B) section 41H (Maintenance of electrical infrastructure\nwithin network boundary—powers);\n(C) section 41I (Inspection of electrical infrastructure\noutside network boundary);\n(h) anything done in the exercise or purported exercise by a relevant\nperson of a function under the Emergencies Act 2004 for the\npurpose of—\n(i) protecting life or property; or\n\n(ii) controlling, extinguishing or preventing the spread of a\nfire.\nNote Despite the exceptions mentioned in s (1), a tree may still be protected\nunder the Heritage Act 2004 if the tree is a heritage tree (see dict,\ndef heritage tree).\n(2) In this section:\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means any of the following:\n(a) an emergency controller;\n(b) a member of the ambulance service;\n(c) a member of the fire and rescue service;\n(d) a member of the rural fire service;\n(e) a member of the SES;\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES);\n(g) a police officer.\nremnant tree means a remnant tree located on land outside the\nbuilt-up urban area.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Authorisation to carry out prohibited activities","content":"19 Authorisation to carry out prohibited activities\n(1) The Minister may authorise an administrative unit to carry out an\nactivity that would or may—\n(2) The authorisation must state—\n(a) the activity that the administrative unit may carry out; and\n(b) any conditions of the authorisation.\n(3) An authorisation is a disallowable instrument.\nSubdivision 3.3.1 Approved activities—general\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Criteria for approval of activities","content":"20 Criteria for approval of activities\n(1) The Minister may determine criteria (the approval criteria) for\napproving an activity that would or may—\n\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Application for approval of tree damaging etc activity","content":"21 Application for approval of tree damaging etc activity\n(1) A person may apply, in writing, to the decision-maker in relation to a\nprotected tree for approval to carry out an activity on land that would\nor may—\n(a) damage the protected tree; or\nNote A tree may be protected under the Heritage Act 2004 if the tree is a\nheritage tree (see dict, def heritage tree).\n(2) The application must include—\n(a) if the protected tree is on the applicant’s land—written evidence\nthat the applicant is the lessee of the land; or\n(b) if the protected tree is on leased land other than the applicant’s\nland—written evidence, signed by the lessee of the land, that the\nlessee agrees to—\n(i) the application being made; and\n(ii) the activity to be carried out; or\n(c) if the protected tree is on the common property in a units plan—\nwritten evidence, executed by the owners corporation for the\nunits plan, that the owners corporation agrees to—\n(i) the application being made; and\n(ii) the activity to be carried out.\napplicant’s land means the land for which the applicant is the lessee.\ncommon property—see the Unit Titles Act 2001, section 13.\n\nexecute, a document by an owners corporation, means executed in a\nway mentioned in the Unit Titles (Management) Act 2011,\nsection 9A.\nowners corporation, for a units plan—see the Unit Titles\n(Management) Act 2011, dictionary.\nunits plan—see the Unit Titles Act 2001, dictionary.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Approval application—more information","content":"22 Approval application—more information\n(1) The decision-maker for an application under section 21 may, by\nwritten notice given to the applicant, require the applicant to give the\ndecision-maker more information or a document that the\ndecision-maker reasonably needs to decide the application, within the\ntime stated in the notice.\n(2) If the applicant fails to comply with the requirement within the time\nstated in the notice, the decision-maker may refuse to consider the\napplication further.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Approval application—assessment of tree","content":"23 Approval application—assessment of tree\nThe decision-maker for an application under section 21 must, after\nreceiving the application, assess the tree to which the application\nrelates.\nExamples—assessing tree\nAssessing a tree may include assessing any of the following:\n• the health, condition and structure of the tree;\n• the ecological significance of the tree;\n• the tree’s location, including the tree’s proximity to infrastructure, services\nand construction activity;\n• whether the tree is a protected tree;\n• whether the tree satisfies the approval criteria.\n\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Approval application—advisory panel advice","content":"24 Approval application—advisory panel advice\nThe conservator may ask the advisory panel for advice in relation to\nan application under section 21.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Approval application—referral to other entities","content":"25 Approval application—referral to other entities\n(1) The decision-maker for an application under section 21 must, after\nassessing a tree to which the application relates, give a copy of the\napplication to the following:\n(a) if the application relates to a heritage tree—the heritage council;\n(b) if the application relates to an Aboriginal cultural tree—the\n(2) However, the decision-maker is not required to give a copy of the\napplication to an entity mentioned in subsection (1) if the\ndecision-maker is satisfied—\n(a) that—\n(i) the applicant has adequately consulted the entity about the\napplication not earlier than 6 months before the day the\napplication is made; and\n(ii) the entity agrees in writing to the activity proposed in the\n(b) if the entity is the heritage council—that the activity proposed\nin the application is included in a development application\nreferred to the council under the Planning Act 2023, section 170\nor section 171.\n(3) A written agreement to an activity mentioned in subsection (2) (a) (ii)\nis taken to be advice on the application received in accordance with\nsection 26.\n\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Approval application—time for referral entity to give","content":"26 Approval application—time for referral entity to give\nIf an application under section 21 is given to an entity under\nsection 25, the entity must give the decision-maker the entity’s advice\non the application not later than—\n(a) 15 working days after the day the decision-maker gives the\napplication to the entity; or\n(b) if a regulation prescribes a shorter period—the end of the shorter\nperiod.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Approval application—effect of no response by heritage","content":"27 Approval application—effect of no response by heritage\ncouncil\nIf the heritage council does not give advice in accordance with\nsection 26 on an application given to it, the council is taken to have\ngiven advice that it supports the application.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Approval application—decision","content":"28 Approval application—decision\n(1) Within 35 working days after the day the decision-maker for an\napplication under section 21 receives the application, the\ndecision-maker must decide whether to approve the activity to which\nit relates.\n(2) In working out the 35-working day period, any period when a\nrequirement under section 22 (1) was not complied with is\ndisregarded.\n(3) However, the decision-maker may, by written notice given to the\napplicant, extend the period for deciding an application for a stated\nperiod if, while the decision-maker is considering the application—\n(a) the tree to which the application relates is damaged; and\n\n(b) the decision-maker is reasonably satisfied that additional time is\nneeded to investigate the circumstances that led to the tree’s\ndamage.\n(4) In making a decision on the application, the decision-maker must take\ninto account the following:\n(a) the approval criteria;\n(b) the advice (if any) of the advisory panel;\n(c) the advice (if any) of an entity to which the application was\ngiven under section 25;\n(d) anything else the decision-maker considers relevant.\n(5) An approval may be given subject to conditions stated in the approval.\n(6) This section is subject to section 35 (Decision on approval\napplication—canopy contribution agreements).\nNote Under s 35, if the decision-maker approves the removal of a protected\ntree under this section, the applicant must enter into a canopy contribution\nagreement with the decision-maker in relation to the tree’s removal.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Approval application—notice of decision","content":"29 Approval application—notice of decision\n(1) If the decision-maker for an application under section 21 relating to a\ndeclared site approves the application, the decision-maker must give\nwritten notice of the decision to the following:\n(b) the lessee of, or custodian for, the land where the site is located;\n(c) the territory planning authority.\n\n(2) If the decision-maker approves any other application made under\nsection 21, the decision-maker must give written notice of the\ndecision to the following:\n(c) the lessee of, or custodian for, the land where the activity is to\nbe carried out;\n(d) the occupier of land that—\n(e) if the application relates to a heritage tree—the heritage council;\n(f) if the application relates to an Aboriginal cultural tree—the\n(3) However, the decision-maker need not give more than 1 notice to a\n(4) The decision-maker may give written notice of the decision to anyone\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Operation of approval","content":"30 Operation of approval\n(1) Subject to section 133 (Applications for internal review), an approval\nof an application under section 21 takes effect on the date stated in\nthe notice of decision.\n(2) The date stated in the notice must be at least 14 working days after\nthe day the notice is given to the applicant.\n(3) Unless cancelled sooner, the approval remains in force for the period\nstated in the approval.\n\n(4) The decision-maker may, in writing, extend the approval for a stated\nperiod if satisfied that the approved activity still satisfies the approval\ncriteria.\n(5) The approval may be extended under subsection (4) even if it has\nalready ended.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Cancellation of approval","content":"31 Cancellation of approval\n(1) The decision-maker may cancel an approval of an application under\nsection 21 if satisfied that the approved activity does not satisfy, or\nno longer satisfies, the approval criteria.\n(2) For an approval in relation to a declared site, the decision-maker must\ngive notice of the cancellation to the following:\n(b) the lessee of, or custodian for, the land where the site is located;\n(c) the territory planning authority.\n(3) For any other approval, the decision-maker must give notice of the\ncancellation to the following:\n(c) the lessee of, or custodian for, the land where the activity was\napproved to be carried out;\n(d) the occupier of land that—\n(e) if the application relates to a heritage tree—the heritage council;\n(f) if the application relates to an Aboriginal cultural tree—the\n\n(4) However, the decision-maker need not give more than 1 notice to a\n(5) Notice may be given orally or in writing.\n(6) However, if notice is given orally, the decision-maker must give\nwritten notice as soon as practicable after the oral notice is given.\n(7) For subsections (2) (a) and (3) (a), it is sufficient if the decision-maker\nsends the notice to the applicant at the address last given to the\ndecision-maker by the applicant.\n(8) The decision-maker may give notice of the cancellation to anyone\n(9) Subject to section 133 (Applications for internal review), the\ncancellation takes effect on the date stated in the written notice of\ncancellation.\n(10) The date stated in the written notice must be at least 7 working days\nafter the day the notice is given to the applicant.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Approval in urgent circumstances or for minor works","content":"32 Approval in urgent circumstances or for minor works\n(1) A person may apply to the decision-maker in relation to a protected\ntree for approval for an activity that would or may—\n(a) damage the protected tree; or\n(i) the protection zone for the protected tree; or\n(2) The application may be made orally or in writing.\n(3) However, if the application is made orally, the applicant must make\na written application as soon as practicable after the oral application\nis made.\n\n(4) The decision-maker may approve the activity if satisfied that—\n(a) the circumstances require the application to be considered\nurgently; and\n(b) the activity is necessary to protect the health or safety of people\nor animals, or public or private property.\n(5) The decision-maker may also approve an activity that is, or may be,\nmajor pruning or prohibited groundwork in the protection zone for a\nprotected tree if the decision-maker is satisfied the activity will have\nlittle or no adverse impact on the health or stability of the tree.\n(6) The decision-maker must give notice of a decision on the application\nto the applicant as soon as practicable after making the decision.\n(7) The notice may be given orally or in writing but the decision-maker\nmust make a written record of any notice given orally as soon as\npracticable after giving it.\n(8) The approval may be given subject to conditions stated in the\napproval.\n(9) If the application relates to a heritage tree, the decision-maker must\ngive written notice of the approval to the heritage council.\n(10) Unless cancelled sooner, the approval has effect for the period stated\nin the approval.\n(11) In this section:\nmajor pruning—see section 14 (3).\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Offence—contravene condition of approval","content":"33 Offence—contravene condition of approval\n(1) A person commits an offence if the person contravenes a condition of\nan approval given to the person under section 28 or section 32.\n(2) An offence against this section is a strict liability offence.\n\nSubdivision 3.3.2 Approved activities—canopy\ncontributions\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Definitions—sdiv 3.3.2","content":"34 Definitions—sdiv 3.3.2\nIn this subdivision:\ncanopy contribution means an action taken under a canopy\ncontribution agreement to counterbalance the loss of canopy coverage\nas a result of the removal of a protected tree from the urban forest.\ndecision-maker, in relation to a protected tree that is proposed to be\nremoved in accordance with a development approval, means the\nterritory planning authority.\nfinancial settlement, in relation to a canopy contribution\nagreement—see section 36 (2) (b).\non-site canopy contribution, in relation to a canopy contribution\nagreement—see section 36 (2) (a).\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Decision on approval application—canopy contribution","content":"35 Decision on approval application—canopy contribution\nagreements\n(a) a person applies for approval to remove a protected tree under\nsection 21 (1) (a); and\n(b) the decision-maker in relation to the protected tree approves the\nremoval of the tree under section 28.\n(2) This section also applies if—\n(a) a person applies under the Planning Act 2023, chapter 7\n(Development assessment and approvals) for approval of a\ndevelopment that proposes to remove a protected tree; and\n\n(b) the territory planning authority approves the development\nproposal in accordance with the Planning Act 2023.\nNote For a simplified outline of this Act, pt 6 (Development applications—\nconservator’s advice) and the Planning Act 2023, ch 7 (Development\nassessment and approvals), see s 106.\n(3) The applicant must enter into an agreement (a canopy contribution\nagreement) with the decision-maker in relation to the tree’s removal.\nNote The decision-maker in relation to a protected tree that is proposed to be\nremoved in accordance with a development approval is the territory\nplanning authority.\n(4) However, the applicant need not enter into a canopy contribution\nagreement if—\n(a) the decision-maker is satisfied that—\n(i) the tree to which the application relates is planted in a\ngroup of trees and removal of the tree would benefit the\nhealth of the other trees in the group; or\n(ii) the circumstances of the application require the tree to be\nremoved urgently to protect the health or safety of people\nor animals, or public or private property; or\n(b) the approval relates to a public tree and an administrative unit\nhas—\n(i) approved the removal of the tree at the applicant’s cost; and\n(ii) stated, in writing, that the tree would be removed by the\nadministrative unit as part of an activity authorised under\nsection 19; or\n(c) the tree to which the approval relates is dead; or\n\n(d) the tree to which the approval relates is subject to advice given\nto the conservator by the heritage council or a representative\nAboriginal organisation under the Heritage Act 2004, part 10A\n(Tree damaging activity etc).\nNote An applicant may also apply to the decision-maker for an exemption from\nthe requirement to enter into a canopy contribution agreement (see s 39).\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Canopy contribution agreements—conditions","content":"36 Canopy contribution agreements—conditions\n(1) This section applies if a decision-maker enters into a canopy\ncontribution agreement with an applicant under section 35 in relation\nto a protected tree.\n(2) The canopy contribution agreement must state that it is subject to\neither or both of the following conditions, as decided by the\ndecision-maker:\n(a) the applicant must make a contribution (an on-site canopy\ncontribution) to the tree canopy on the land where the protected\ntree is located;\n(b) the applicant must pay an amount (a financial settlement) to the\nTerritory.\n(3) If the canopy contribution agreement is subject to a condition that the\napplicant make an on-site canopy contribution—\n(a) the agreement must state how many trees are to be planted on\nthe land; and\n(b) the on-site canopy contribution must comply with any\nrequirements prescribed by regulation.\n(4) If the canopy contribution agreement is subject to a condition that the\napplicant pay a financial settlement—\n(a) the agreement must state the amount of the financial settlement\nto be paid; and\n\n(b) the decision-maker must take into account any matter prescribed\nby regulation in deciding the amount.\n(5) A regulation may prescribe the following, or how to work out the\n(a) for an on-site canopy contribution—the number of trees, and the\nsize of the trees, to be planted on land; and\n(b) for a financial settlement—the amount to be paid.\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Canopy contribution agreements—amendment","content":"37 Canopy contribution agreements—amendment\n(1) A person who enters into a canopy contribution agreement with a\ndecision-maker in relation to a protected tree may, not later than\n15 working days after the day the agreement is entered into, apply to\nthe decision-maker to amend a condition of the agreement to\nchange—\n(a) the number of trees the person must plant on the person’s land;\nor\n(b) the amount of financial settlement payable by the person under\nthe agreement.\n(2) The decision-maker must, not later than 15 working days after the day\nthe decision-maker receives an application for amendment—\n(a) decide whether to amend the condition; and\n(b) tell the person about the decision; and\n(c) if the decision is not to amend the condition—give reasons for\nthe decision.\n\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Canopy contribution agreements—payment management","content":"38 Canopy contribution agreements—payment management\nplans\n(1) If a person enters into a canopy contribution agreement with a\ndecision-maker that is subject to a condition that the person pay a\nfinancial settlement, the person may apply, in writing, to the\ndecision-maker to enter into an arrangement (a payment\nmanagement plan) to pay the financial settlement by instalments.\n(2) On application under subsection (1), the decision-maker must—\n(a) approve the application; or\n(b) refuse the application.\n(3) The decision-maker must, within a reasonable period, give the\napplicant written notice of—\n(a) a decision under subsection (2); and\n(b) for a decision under subsection (2) (a)—the period of the\npayment management plan and the amount of each instalment;\nand\n(c) for a decision under subsection (2) (b)—the reasons for the\n(4) A regulation may prescribe—\n(a) the information that must be included in the application; and\n(b) matters the decision-maker must take into account when\nconsidering the application.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Canopy contribution agreements—exemption","content":"39 Canopy contribution agreements—exemption\n(1) An applicant under section 21 may apply to the decision-maker for\nan exemption from the requirement to enter into a canopy\ncontribution agreement.\n\n(2) The decision-maker must, as soon as practicable after receiving an\napplication under subsection (1), decide whether to exempt the\napplicant from the requirement to enter into a canopy contribution\n(3) In deciding whether to exempt the applicant, the decision-maker must\nconsider—\n(a) whether the applicant is disadvantaged by any social or financial\nhardship; and\n(b) any matters prescribed by regulation.\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Canopy contribution agreements—use of financial","content":"40 Canopy contribution agreements—use of financial\nsettlement amounts\nAn amount paid under a financial settlement must be used for 1 or\nmore of the following purposes:\n(a) tree planting;\n(b) tree care and maintenance;\n(c) removal of trees for new plantings;\n(d) engaging or educating the community about protecting trees;\n(e) supporting the urban forest ecosystem;\nExamples—par (e)\n1 undertaking plantings and developing programs to support biodiversity\n2 controlling erosion through nature corridor planting\n3 removing pest plants\n(f) administering or managing canopy contribution agreements or\ntree bond agreements.\n\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Canopy contribution agreements—annual reporting","content":"41 Canopy contribution agreements—annual reporting\nA report prepared by the director-general under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include—\n(a) the total amount paid under financial settlements for the year;\nand\n(b) the total amount used for a purpose mentioned in section 40 for\nthe year; and\n(c) the total number of trees, and the location of each tree, agreed to\nbe planted under any on-site canopy contributions for the year;\nand\n(d) the total number of trees, and the location of each tree, approved\nfor removal under canopy contribution agreements for the year;\nand\n(e) the total number of exemptions from the requirement to enter\ninto a canopy contribution agreement, and the reason for each\nexemption, given under section 39 for the year; and\n(f) any other information prescribed by regulation.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Offence—contravene canopy contribution agreement","content":"42 Offence—contravene canopy contribution agreement\nA person commits an offence if the person engages in conduct that\ncontravenes, or is likely to contravene, a canopy contribution\n\nSubdivision 3.4.1 Tree protection directions\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Criteria for tree protection directions","content":"43 Criteria for tree protection directions\n(1) The conservator may determine criteria for the giving of tree\nprotection directions.\n(2) A determination is a notifiable instrument.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Tree protection directions","content":"44 Tree protection directions\n(1) A decision-maker in relation to a protected tree may give a direction\n(a tree protection direction) to do or not do something to protect the\nprotected tree to—\n(a) the lessee or occupier of the land where the tree is located; or\n(b) anyone carrying out an activity that may affect the tree.\nExample\nto erect a fence around a tree\n(2) A tree protection direction must be given in accordance with any\ncriteria determined under section 43.\n(3) A tree protection direction may be given orally or in writing.\n(4) However, if the direction is given orally, the decision-maker must\ngive the direction in writing as soon as practicable and not later than\n7 days after the oral direction is given.\n(5) The written direction must state the period for which it is in force.\n\nprotected tree includes a tree that has been nominated for registration\nunder section 54, if the conservator has not—\n(a) decided whether to provisionally register the tree under\nsection 55; or\n(b) refused to consider the nomination under section 54.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Tree protection directions—service","content":"45 Tree protection directions—service\n(1) A written tree protection direction may be given to the lessee or\noccupier of the land where a protected tree is located by leaving it,\nsecured conspicuously, on or at the land.\n(2) A written tree protection direction may be given to anyone carrying\nout an activity that may affect a protected tree by leaving it, secured\nconspicuously, at the place where the activity is being carried out.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Offence—fail to comply with tree protection direction","content":"46 Offence—fail to comply with tree protection direction\n(1) A person commits an offence if the person intentionally, recklessly or\nnegligently fails to comply with a tree protection direction.\nfailing to comply with the direction.\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Contravention of tree protection direction—action by","content":"47 Contravention of tree protection direction—action by\nauthorised person\n(1) This section applies if a person fails to comply with a tree protection\ndirection requiring the person to do something in relation to a\nprotected tree.\n\n(2) An authorised person, or anyone else authorised by the\ndecision-maker for the protected tree for this section, may enter the\nland where the tree is located and—\n(a) do the thing stated in the direction; or\n(b) do or finish any work stated in the direction.\n(3) The reasonable cost incurred by the Territory in doing anything under\nsubsection (2) is a debt owing to the Territory by the person to whom\nthe direction was given.\n(4) The decision-maker must give written notice of the action proposed\nunder subsection (2) at least 1 working day before the day the action\nis to begin to—\n(a) the person given the tree protection direction; and\n(b) the lessee or occupier of the land where the tree is located.\n(5) The decision-maker may give written notice of the proposed action to\nanyone else the decision-maker considers appropriate.\n(6) The notice must include the following:\n(a) a statement about the operation of this section;\n(b) the purpose and nature of the proposed action;\n(c) the time or times when the action is proposed to be taken;\n(d) a statement about the obligations of the authorised person and\nthe Territory under subsection (8).\n(7) A person may waive the right to all or part of the minimum period of\nnotice under subsection (4).\n\n(8) Section 129 (Damage etc to be minimised) and section 130\n(Compensation for exercise of enforcement powers) apply to any\naction taken under subsection (2) as if—\n(a) it were the exercise of a function under part 7 (Enforcement) by\nan authorised person or a person assisting an authorised person;\nand\n(b) any changes prescribed by regulation, and all other necessary\nchanges, were made.\nSubdivision 3.4.2 Tree reparation directions\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Tree reparation directions","content":"48 Tree reparation directions\n(a) a person causes damage to a protected tree; and\n(b) the damage is not authorised under an approval under this Act\nor another territory law.\nExamples—approvals that may authorise damage\n1 an approval given to the person under s 28 or s 32\n2 a tree management plan\n3 a tree protection direction\n4 a tree protection condition of a development approval\n5 an emergency declaration, control declaration or biosecurity direction under\nthe Biosecurity Act 2023\n6 a public unleased land permit\n(2) An authorised person may direct (a tree reparation direction) the\nperson to—\n(a) repair the damage; or\n(b) if the tree is beyond repair—remove or replace the tree.\n\n(3) A tree reparation direction must—\n(b) identify the protected tree to which the direction relates; and\n(c) describe the damage to the tree; and\n(d) state the thing required to be done; and\n(e) state the period for compliance with the direction.\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Offence—fail to comply with tree reparation direction","content":"49 Offence—fail to comply with tree reparation direction\n(a) an authorised person gives the person a tree reparation direction;\nand\n(b) the person fails to comply with the direction.\nfailing to comply with the direction.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Repair of damage etc by Territory","content":"50 Repair of damage etc by Territory\n(a) an authorised person gives a person a tree reparation direction;\nand\n(b) the person fails to comply with the direction.\n\n(2) The authorised person, or anyone else authorised by the\ndecision-maker for the protected tree for this section, may—\n(a) enter the land where the tree is located; and\n(b) do the thing required to be done under the direction.\n(3) The reasonable costs incurred by the Territory in doing anything\nunder subsection (2) is a debt owing to the Territory by the person to\nwhom the direction was given.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(4) The authorised person, or anyone else authorised by the\ndecision-maker for this section, must give written notice of the action\nproposed under subsection (2) at least 1 working day before the day\nthe action is to begin to—\n(a) the person given the tree reparation direction; and\n(b) the lessee or occupier of the land where the tree is located.\n(5) The authorised person, or anyone else authorised by the\ndecision-maker for this section, may give written notice of the\nproposed action to anyone else considered appropriate.\n(6) The notice must include the following:\n(a) a statement about the operation of this section;\n(b) the purpose and nature of the proposed action;\n(c) the time or times when the action is proposed to be taken;\n(d) a statement about the obligations of the authorised person and\nthe Territory under subsection (8).\n(7) A person may waive the right to all or part of the minimum period of\nnotice under subsection (4).\n\n(8) Section 129 (Damage etc to be minimised) and section 130\n(Compensation for exercise of enforcement powers) apply to any\naction taken under subsection (2) as if—\n(a) it were the exercise of a function under part 7 (Enforcement) by\nan authorised person or a person assisting an authorised person;\nand\n(b) any changes prescribed by regulation, and all other necessary\nchanges, were made.\n\nPreliminary Division 4.1\n","sortOrder":49},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Preliminary","content":"Division 4.1 Preliminary\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Definitions—pt 4","content":"51 Definitions—pt 4\ncancellation criteria—see section 52 (1) (b).\nprovisional registration period—see section 58 (1).\nregistration criteria—see section 52 (1) (a).\nrestricted information means information restricted under section 74\n(Restricted information—Aboriginal cultural trees).\nsite declaration—see section 69 (2).\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Criteria for registration and cancellation of registration","content":"52 Criteria for registration and cancellation of registration\n(1) The Minister may determine—\n(a) criteria (the registration criteria) for the registration of a tree;\nand\n(b) criteria (the cancellation criteria) for the cancellation of a tree’s\n\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Tree register","content":"53 Tree register\n(1) The conservator must keep a register of trees (the tree register).\n(2) The tree register must include the following:\n(a) for each provisionally registered tree—\n(i) everything required to be entered in the register under\nsection 57 (2); and\n(ii) the tree management plan (if any) for the tree;\n(b) for each registered tree—\n(i) everything required to be entered in the register under\nsection 62 (2); and\n(ii) the tree management plan (if any) for the tree;\n(c) for each declared site—\n(i) a description of the area that is the declared site; and\n(ii) the date the site declaration was made;\n(d) the following information about any activity in relation to a\nprovisionally registered or registered tree, or a declared site, for\nwhich an approval under division 3.3 (Approved activities) is in\nforce:\n(i) the approved activity;\n(ii) any conditions to which the approval is subject;\n(iii) the period of the approval;\n(e) any changes to the information in the register that are necessary\nto keep the register up-to-date.\n(3) The tree register may also include any other information the\nconservator considers relevant.\n\n(4) The conservator may correct a mistake or omission in the tree register\nsubject to any requirement prescribed by regulation.\n(5) If anything required to be entered in the tree register in relation to a\ntree is restricted information, the conservator must include a\nstatement in the register to that effect.\nregistered tree does not include a provisionally registered tree.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Nomination for registration","content":"54 Nomination for registration\n(1) Anyone (including the conservator) may nominate a tree for\n(2) A nomination must be—\n(a) in writing; and\n(b) given to the conservator.\n(3) The conservator may refuse to consider a nomination if satisfied the\nnomination is frivolous or vexatious.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Provisional registration—decision","content":"55 Provisional registration—decision\n(1) Within 6 months after the day the conservator receives a nomination\nfor a tree, the conservator must decide whether to provisionally\nregister the tree.\nNote Under s 57, the conservator is required to provisionally register\nAboriginal cultural trees.\n(2) The conservator may, by written notice given to the nominator,\nrequire the nominator to give the conservator more information or a\ndocument that the conservator reasonably needs to decide whether to\nprovisionally register the tree.\n\n(3) If the nominator fails to comply with a requirement under\nsubsection (2), the conservator may refuse to consider the nomination\nfurther.\n(4) If the conservator requires a nominator to give more information, the\nconservator may, by written notice given to the nominator, extend the\n6-month period mentioned in subsection (1) by a stated period.\n(5) The conservator may provisionally register a tree only if the\nconservator is satisfied the tree satisfies the registration criteria.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Provisional registration—notice of decision","content":"56 Provisional registration—notice of decision\nsection 55 to—\n(a) the person who nominated the tree for registration; and\n(b) if the conservator decides to provisionally register the tree—\n(i) the lessee of, or custodian for, the land that includes all or\npart of the protection zone for the tree; and\n(ii) for a heritage tree—the heritage council.\n(4) The conservator must also give public notice of a decision.\n(5) A notice under this section must include—\n(a) enough information to allow the tree to be identified; and\n(b) a statement to the effect that any comments on the tree’s\nproposed registration may be given to the conservator on or\nbefore the closing date stated in the notice.\n\n(6) The closing date must be at least 21 working days after the day public\nnotice is given under subsection (4).\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Provisional registration","content":"57 Provisional registration\n(1) This section applies to a tree if—\n(a) it is an Aboriginal cultural tree; or\n(b) for a tree other than an Aboriginal cultural tree—the conservator\ndecides to provisionally register the tree.\n(2) The conservator must provisionally register the tree by entering the\nfollowing information in the tree register:\n(a) enough information to allow the tree to be identified;\nNote Information about the location or nature of an Aboriginal cultural\ntree is restricted information unless the conservator declares in\nwriting that it is not (see s 74).\n(b) if practicable, the tree’s botanical name and any relevant\nhorticultural information;\n(c) a description of the protection zone for the tree;\n(d) an indication that the registration is provisional;\n(e) the period of the provisional registration.\n(3) The conservator must give written notice of provisional registration\nof an Aboriginal cultural tree to the heritage council and each\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Provisional registration—period","content":"58 Provisional registration—period\n(1) A tree is provisionally registered for a period of 1 year beginning on\nthe day the tree is provisionally registered (the provisional\nregistration period).\n\n(2) However, the provisional registration period ends if, within the\nyear—\n(a) the tree is registered; or\n(b) the conservator decides not to register the tree and either—\nNote A provisional registration period may also be extended by the conservator\nunder s 59 (3) or s 60 (4).\n(3) The conservator may provisionally register a tree more than once.\n(4) For subsection (3), another nomination under section 54 is not\nneeded.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Consultation on proposed registration","content":"59 Consultation on proposed registration\n(1) After making a decision under section 55, the conservator must ask\nthe following for advice in relation to the tree’s proposed registration:\n(a) the advisory panel;\n(b) for a heritage tree—the heritage council;\n(c) for an Aboriginal cultural tree—the heritage council and each\n(2) The conservator may ask any other person to give the conservator\nadvice, information or a document that the conservator reasonably\nneeds to decide whether to register the tree.\n(3) The conservator may, by written notice, extend a tree’s provisional\nregistration period by a stated period if an entity mentioned in this\nsection reasonably needs more time to give the conservator the\nentity’s advice, information or a document.\n\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Registration—decision","content":"60 Registration—decision\n(1) The conservator must decide whether to register a provisionally\nregistered tree by the end of the tree’s provisional registration period.\n(2) The conservator may, by written notice given to the person who\nnominated the tree for registration, require the nominator to give the\nconservator more information or a document that the conservator\nreasonably needs to decide whether to register the tree.\n(3) If the nominator fails to comply with a requirement under\nsubsection (2), the conservator may refuse to further consider\nwhether to register the tree.\n(4) If the conservator requires a nominator to give more information, the\nconservator may, by written notice given to the nominator, extend the\ntree’s provisional registration period by a stated period.\n(5) In deciding whether to register the tree, the conservator must take into\naccount—\n(a) any advice on the proposed registration given to the conservator\nby the advisory panel, the heritage council or any representative\nAboriginal organisation; and\n(b) any comments received on the proposed registration on or\nbefore the closing date stated in the notice under section 56.\n(6) The conservator may register the tree only if the conservator is\nsatisfied the tree satisfies the registration criteria.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Registration—notice of decision","content":"61 Registration—notice of decision\nsection 60 to the following:\n(a) the person who nominated the tree for registration;\n\n(c) if the tree is on leased land—the occupier of, or custodian for,\nland that—\n(d) anyone who gave the conservator—\n(i) written comments about the proposed registration; and\n(ii) contact details for notification of the conservator’s\ndecision;\n(e) if the heritage council gave advice on the proposed\nregistration—the heritage council;\n(f) if a representative Aboriginal organisation gave advice on the\nproposed registration—the representative Aboriginal\norganisation;\n(g) the registrar-general.\n(4) If the decision is to register the tree, the conservator must also give\npublic notice of the decision.\n\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Registration","content":"62 Registration\n(a) the conservator decides to register a tree; and\n(b) either—\n(2) The conservator must register the tree by entering the following\ninformation in the tree register:\n(a) a photograph or other image of the tree;\n(b) the tree’s location;\n(c) the tree’s botanical name and any relevant horticultural\ninformation;\n(d) a description of the protection zone for the tree;\n(e) a statement about the tree’s significance.\nDivision 4.4 Cancellation of registration—\ngenerally\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Proposal for cancellation of registration","content":"63 Proposal for cancellation of registration\n(1) Anyone (including the conservator) may propose that a tree’s\nregistration be cancelled.\n(2) A proposal must be—\n(a) in writing; and\n(b) given to the conservator.\n(3) The conservator may refuse to consider a proposal if satisfied the\nproposal is frivolous or vexatious.\n\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Notice of proposed cancellation of registration","content":"64 Notice of proposed cancellation of registration\n(1) Before considering a proposal to cancel a tree’s registration, the\nconservator must give written notice of the proposed cancellation to\nthe following:\n(a) the person who proposed the cancellation;\n(c) if the tree is on leased land—the occupier of land that—\n(ii) is within 50m of the tree.\n(3) The conservator may give written notice of the proposed cancellation\nto anyone else the conservator considers appropriate.\n(4) The conservator must also give public notice of the proposed\ncancellation.\n(5) A notice under this section must include—\n(a) an indication of whether the conservator is satisfied that the\nproposed cancellation is likely to satisfy the cancellation\ncriteria; and\n(b) if the conservator considers there may be grounds for making a\nsite declaration in relation to the cancellation—an indication of\nthat fact; and\n(c) a statement to the effect that any comments about the proposed\ncancellation may be given to the conservator by the closing date\nstated in the notice.\n(6) The closing date must be at least 21 working days after the day public\nnotice is given under subsection (4).\n(7) A notice under this section must not include restricted information.\n\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Consultation on proposed cancellation of registration","content":"65 Consultation on proposed cancellation of registration\n(1) After giving notice under section 64, the conservator must ask the\nadvisory panel for advice in relation to the proposed cancellation and\nany proposed site declaration.\n(2) The conservator must also ask the following for advice in relation to\nthe proposed cancellation:\n(a) for a heritage tree—the heritage council;\n(b) for an Aboriginal cultural tree—the heritage council and each\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Cancellation of registration etc—decision","content":"66 Cancellation of registration etc—decision\n(1) Within 6 months after the day the conservator gives public notice of\na proposed cancellation of a tree’s registration under section 64 (4),\nthe conservator must decide whether to cancel the tree’s registration.\n(2) In deciding whether to cancel the tree’s registration (and whether to\nmake a site declaration in relation to the cancellation), the conservator\nmust take into account—\n(a) any advice on the proposed cancellation or site declaration given\nto the conservator by the advisory panel, the heritage council or\nany representative Aboriginal organisation; and\n(b) any comments received on the proposed cancellation or site\ndeclaration on or before the closing date stated in the notice\nunder section 64.\n(3) The conservator may cancel the tree’s registration only if the\nconservator is satisfied the cancellation satisfies the cancellation\ncriteria.\n\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Cancellation of registration—notice of decision","content":"67 Cancellation of registration—notice of decision\nsection 66 to the following:\n(a) the person who proposed the cancellation;\n(c) if the tree is on leased land—the occupier of land that—\n(d) anyone who gave the conservator—\n(i) written comments about the proposed cancellation of\nregistration; and\n(ii) contact details for notification of the conservator’s\ndecision;\n(e) if the heritage council gave advice on the proposed\ncancellation—the heritage council;\n(f) if a representative Aboriginal organisation gave advice on the\nproposed registration—the representative Aboriginal\n(4) If the decision is to cancel the registration, the conservator must also\ngive public notice of the decision.\n\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Cancellation of registration","content":"68 Cancellation of registration\n(a) the conservator decides to cancel a tree’s registration; and\n(b) either—\n(2) The conservator must cancel the tree’s registration by removing the\nentry about the tree from the tree register.\n(3) However, if the conservator makes a site declaration in relation to the\ntree, the entry about the tree must remain in the register while the site\ndeclaration is in force but must include a statement that the tree’s\nregistration has been cancelled.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Site declarations","content":"69 Site declarations\n(a) a registered tree is damaged by conduct other than conduct\nmentioned in section 18 (1); and\n(b) if the tree’s registration is cancelled after the damage happens—\nthe conservator is satisfied on reasonable grounds that the\ncancellation is reasonably attributable to the damage caused by\nthe conduct.\n(2) The conservator may declare the following areas to be a declared site\n(a site declaration):\n(a) for a registered tree—the protection zone for the tree;\n(b) if the tree’s registration is cancelled—the area that was the\nprotection zone for the tree immediately before the registration\nwas cancelled.\n\nDivision 4.5 Cancellation of registration—natural death of tree\n(3) A site declaration is a notifiable instrument.\n(4) Also, the conservator—\n(a) must give written notice of the site declaration to—\n(i) the lessee of the land where the tree is located; and\n(ii) the territory planning authority; and\n(b) may give written notice of the site declaration to anyone else the\nconservator considers appropriate.\n(5) A site declaration has effect for—\n(a) at least 5 years; or\n(b) if a longer period is stated in the declaration—the longer period.\nDivision 4.5 Cancellation of registration—natural\ndeath of tree\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Cancellation of registration of dead tree","content":"70 Cancellation of registration of dead tree\n(1) If the conservator is satisfied on reasonable grounds that a registered\ntree has died of natural causes, the conservator may cancel the tree’s\n(2) Division 4.4 does not apply to the cancellation.\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Cancellation of registration of dead tree—notice","content":"71 Cancellation of registration of dead tree—notice\nsection 70 to the following:\n(a) the lessee of, or custodian for, the land where the tree is located;\n(b) if the tree is on leased land—the occupier of land that—\n(ii) is within 50m of the tree.\n\nRestricted information Division 4.6\n(4) The conservator must also give public notice of the decision.\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Cancellation of registration of dead tree—tree register","content":"72 Cancellation of registration of dead tree—tree register\nIf the conservator cancels a tree’s registration under section 70, the\nconservator must remove the entry about the tree from the tree\nregister.\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Application—div 4.6","content":"73 Application—div 4.6\nThis division applies to an Aboriginal cultural tree that—\n(a) is registered; or\n(b) has been nominated for registration.\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Restricted information—Aboriginal cultural trees","content":"74 Restricted information—Aboriginal cultural trees\n(1) Information about the location or nature of an Aboriginal cultural tree\nis restricted information unless the conservator declares in writing\nthat it is not.\n(2) Before making a declaration under subsection (1), the conservator\nmust ask each representative Aboriginal organisation for advice in\nrelation to the proposed declaration.\n(3) The conservator must take reasonable steps to give a copy of the\ndeclaration to the following:\n(a) the person who nominated the tree for registration;\n\n(b) the lessee or occupier of, or custodian for, the land where the\ntree is located;\n(c) the heritage council;\n(d) each representative Aboriginal organisation.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Offence—disclose restricted information without","content":"75 Offence—disclose restricted information without\napproval\n(1) A person commits an offence if the person—\n(a) discloses restricted information about an Aboriginal cultural tree\nto another person; and\n(b) knows that the information is restricted information.\n(2) This section does not apply if the disclosure is—\n(a) in accordance with an approval under section 76; or\n(b) for the exercise of a function under this Act or another territory\nlaw; or\n(c) by an Aboriginal person to another Aboriginal person.\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Approval to disclose restricted information","content":"76 Approval to disclose restricted information\n(1) A person may apply, in writing, to the conservator for approval to\ndisclose restricted information about an Aboriginal cultural tree to\nanother person.\n(2) An application must—\n(a) identify the restricted information proposed to be disclosed; and\n(b) state the reason for the disclosure; and\n\nRestricted information Division 4.6\n(c) state the nature of the disclosure, including the person to whom\nit would be disclosed.\n(3) The conservator may, by written notice given to the applicant,\napprove the disclosure of restricted information about the tree if\nsatisfied that the disclosure will not have a substantial adverse effect\non the values for which the tree is or may be registered.\n(4) Before approving the disclosure of restricted information about an\nAboriginal cultural tree, the conservator must ask the following for\nadvice in relation to the proposed disclosure:\n(a) each representative Aboriginal organisation;\n(b) the heritage council.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Limited access to restricted information—land for sale","content":"77 Limited access to restricted information—land for sale\n(a) land is offered for sale; and\n(b) an Aboriginal cultural tree is located on the land; and\n(c) there is restricted information about the tree; and\n(d) an interested person for the land applies to the conservator for\naccess to any restricted information about the tree that relates to\nthe conservation and use of the land.\n(2) The conservator may give the applicant—\n(a) the restricted information sought; and\n(b) a written explanation about the operation of this part.\n(3) The conservator must ask each representative Aboriginal organisation\nfor advice in relation to the proposed disclosure before giving the\napplicant the restricted information.\n\ninterested person—each of the following is an interested person for\nland where an Aboriginal cultural tree is located:\n(a) someone considering buying an interest in the land;\n(b) the person who nominated the tree for registration;\n(c) the lessee of, or custodian for, the land where the tree is located;\n(d) the heritage council;\n(e) each representative Aboriginal organisation.\n\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Tree management plans—proposal or application","content":"78 Tree management plans—proposal or application\n(1) A decision-maker in relation to a protected tree may, on their own\ninitiative, propose a plan (a tree management plan) for the tree that\nmay—\n(a) provide for activities that may be carried out in relation to the\ntree; and\n(b) include conditions about how the activities are to be carried out.\nNote Anything done in relation to a protected tree in accordance with a tree\nmanagement plan for the tree is an exception to the offences under\nsdiv 3.2.1 (Prohibited activities—offences) (see s 18 (1) (d) (i)).\n(2) Anyone else may apply, in writing, to the decision-maker for a tree\nmanagement plan for a protected tree.\n(3) If the application is for a protected tree on leased land and the\napplicant is someone other than the lessee of the land where the tree\nis located, the application must include written evidence from the\nlessee that they are aware of the application.\n(4) The decision-maker may refuse to consider an application if satisfied\nthat an adequate tree management plan is already in force for the tree.\nNote If the territory planning authority approves a development application\nthat relates to a regulated tree or a public tree, the authority may also\napprove a tree management plan for the tree under the Planning Act 2023,\ns 185 (5).\n\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Tree management plans—more information for","content":"79 Tree management plans—more information for\napplication\n(1) The decision-maker may, by written notice given to the applicant,\nrequire the applicant to give the decision-maker more information or\na document that the decision-maker reasonably needs to decide the\n(2) If the applicant fails to comply with a requirement under\nsubsection (1), the decision-maker may refuse to consider the\napplication further.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Tree management plans—assessment of tree","content":"80 Tree management plans—assessment of tree\nIf a decision-maker proposes, or receives an application for, a tree\nmanagement plan, the decision-maker must assess the tree to which\nthe proposal or application relates.\nExamples—assessing tree\nAssessing a tree may include assessing any of the following:\n• the health, condition and structure of the tree;\n• the ecological significance of the tree;\n• the tree’s location, including the tree’s proximity to infrastructure, services\nand construction activity;\n• whether the tree is a protected tree.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Tree management plans—advisory panel advice on","content":"81 Tree management plans—advisory panel advice on\nproposal or application\nThe conservator may ask the advisory panel for advice in relation to\nthe proposal or application.\n\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Tree management plans—referral of proposal or","content":"82 Tree management plans—referral of proposal or\napplication to other entities\n(1) This section applies if a decision-maker—\n(a) assesses a tree to which a proposal or application for approval\nof a tree management plan relates; and\n(b) is satisfied that the tree requires a tree management plan.\n(2) The decision-maker must give a copy of the proposal or application\nto the following:\n(a) if the proposal or application relates to a heritage tree—\nthe heritage council;\n(b) if the proposal or application relates to an Aboriginal cultural\ntree—the heritage council and each representative Aboriginal\n(3) However, the decision-maker is not required to give a copy of the\napplication to an entity mentioned in subsection (2) if the\ndecision-maker is satisfied—\n(a) that—\n(i) the applicant has adequately consulted the entity about the\napplication not earlier than 6 months before the day the\napplication is made; and\n(ii) the entity agrees in writing to the activity proposed in the\n(b) if the entity is the heritage council—that the activity proposed\nin the application is included in a development application\nreferred to the council under the Planning Act 2023, section 170\nor section 171.\n(4) A written agreement to an activity mentioned in subsection (3) (a) (ii)\nis taken to be advice on the application received in accordance with\nsection 83.\n\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Tree management plans—time for referral entity to give","content":"83 Tree management plans—time for referral entity to give\nIf a copy of a proposal or application is given to an entity under\nsection 82, the entity must give the decision-maker the entity’s advice\non the proposal or application not later than—\n(a) 25 working days after the day the decision-maker gives the\nproposal or application to the entity; or\n(b) if a regulation prescribes a shorter period—the end of the shorter\nperiod.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Tree management plans—effect of no response by","content":"84 Tree management plans—effect of no response by\nheritage council\nIf the heritage council does not give advice in accordance with\nsection 83 on a proposal or application given to it, the heritage council\nis taken to have given advice that it supports the proposal or\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Tree management plans—decision","content":"85 Tree management plans—decision\n(1) If a decision-maker proposes, or receives an application for, a tree\nmanagement plan, the decision-maker must decide whether to\napprove the plan.\n(2) For an application for a tree management plan, the decision-maker\nmust make the decision within 40 working days after the day the\ndecision-maker receives the application.\n(3) In working out the 40-working day period, any period when a\nrequirement under section 79 (1) was not complied with is\ndisregarded.\n\n(4) In making the decision, the decision-maker must take into account the\n(a) the guidelines determined under section 88;\n(b) the advice (if any) of the advisory panel;\n(c) the advice (if any) of an entity to which the proposal or\napplication was given under section 82;\n(d) anything else the decision-maker considers relevant.\n(5) A tree management plan may be approved subject to a condition.\nExample—condition\na tree management plan must include landscape treatments, such as understory\nplanting, mulching and irrigation, to protect and nurture a tree\n(6) If the conservator approves a tree management plan for a registered\ntree, the conservator must include details of the plan in the tree\nregister.\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Tree management plans—notice of decision","content":"86 Tree management plans—notice of decision\n(1) The decision-maker must give written notice of the decision on a tree\nmanagement plan to the applicant (if any).\n(2) If the decision is to approve the tree management plan, the\ndecision-maker must also give written notice of the decision to the\n(a) the lessee of, or custodian for, the land where the tree is located;\n(b) if the tree is on leased land—the occupier of land that—\n(c) for a heritage tree—the heritage council;\n(d) for an Aboriginal cultural tree—the heritage council and each\n\n(3) However, the decision-maker need not give more than 1 notice to a\n(4) The decision-maker may give written notice of the decision to anyone\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Tree management plans—operation","content":"87 Tree management plans—operation\nSubject to section 133 (Applications for internal review), a tree\nmanagement plan takes effect on the date the decision-maker\napproves the tree management plan.\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Tree management plans—guidelines","content":"88 Tree management plans—guidelines\n(1) The conservator may make guidelines for tree management plans.\n(2) The guidelines may set out things that must or may be included in a\ntree management plan.\nNote The guidelines may apply, adopt or incorporate an instrument as in force\nfrom time to time (see s 142).\n(3) A guideline is a notifiable instrument.\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Tree management plans—doing groundwork in","content":"89 Tree management plans—doing groundwork in\nprotection zone\n(1) An entity providing a utility service must provide a tree management\nplan to the decision-maker before starting any groundwork in—\n(a) the protection zone for a protected tree; or\n(b) a declared site.\n(2) In this section:\nutility service—see the Utilities Act 2000, dictionary.\n\nTree bonds Division 5.2\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Offence—contravene tree management plan","content":"90 Offence—contravene tree management plan\n(1) A person commits an offence if the person engages in conduct that\ncontravenes, or is likely to contravene, a tree management plan.\ncontravening the tree management plan.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Definitions—div 5.2","content":"91 Definitions—div 5.2\nIn this division:\nauthorisation—see section 92 (1) (a).\npublic unleased land permit—see the Public Unleased Land\nAct 2013, section 40.\ntree bond agreement—see section 92 (2).\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"Tree bonds and tree bond agreements","content":"92 Tree bonds and tree bond agreements\n(a) any of the following (an authorisation) have been proposed or\napplied for, or are in force:\n(i) a tree management plan;\n(ii) a public unleased land permit;\n(iii) a work approval under the Public Unleased Land Act 2013,\nsection 19;\n(iv) a tree protection condition of a development approval; and\n\n(b) a decision-maker in relation to a protected tree is satisfied on\nreasonable grounds that the tree is at risk of damage because of\nan activity to be carried out for the authorisation mentioned in\nparagraph (a).\nExamples—activities that may be carried out\ndemolition, excavation, construction\n(2) The decision-maker may require the applicant for the authorisation\nmentioned in subsection (1) (a) to enter into an agreement (a tree\nbond agreement) with the Territory to—\n(a) protect the protected tree from damage while carrying out any\nactivity for the authorisation; and\n(b) pay the Territory a bond (a tree bond) as security for the\nperformance of the obligation to protect the protected tree.\n(3) The decision-maker may, by written notice given to the applicant,\nrequire the applicant to give the decision-maker any document or\nother thing prescribed by regulation before the agreement is entered\ninto.\n(4) The applicant must not carry out any activity for an authorisation\nmentioned in subsection (1) (a) before entering into a tree bond\n","sortOrder":92},{"sectionNumber":"93","sectionType":"section","heading":"Tree bond agreements—form and period","content":"93 Tree bond agreements—form and period\n(1) A tree bond agreement must—\n(b) be signed by both parties to the agreement; and\n(c) state the amount of tree bond for the agreement.\n\nTree bonds Division 5.2\n(2) A tree bond agreement has effect—\n(a) on the date it is signed; and\n(b) for the period decided by the decision-maker and stated in the\nagreement, unless ended earlier in accordance with section 95.\n(3) For subsection (2) (b), the end of the period must not be more than\n3 years after the day any activity carried out under an authorisation\nmentioned in section 92 (1) (a) is completed.\n(4) A tree bond agreement may be amended in writing by the parties,\nincluding by extending the period of the agreement.\n(5) A regulation may prescribe—\n(a) the amount of a tree bond; and\n(b) matters the decision-maker must or may take into account when\ndeciding—\n(i) a tree bond amount; or\n(ii) the period for which a tree bond has effect.\n","sortOrder":93},{"sectionNumber":"94","sectionType":"section","heading":"Tree bond agreements—guidelines","content":"94 Tree bond agreements—guidelines\n(1) The Minister may make guidelines for tree bond agreements.\n(2) The guidelines may set out—\n(a) documents that must be given to the decision-maker before\nentering into a tree bond agreement; and\n(b) the rights and responsibilities of parties to a tree bond\nagreement; and\n(c) any other requirement for a tree bond agreement.\nNote The guidelines may apply, adopt or incorporate an instrument as in force\nfrom time to time (see s 142).\n(3) A guideline is a notifiable instrument.\n\n","sortOrder":94},{"sectionNumber":"95","sectionType":"section","heading":"Tree bonds—release","content":"95 Tree bonds—release\n(1) The amount of a tree bond paid by a person under a tree bond\nagreement must be refunded to the person as soon as practicable after\nthe tree bond agreement ends if—\n(a) an authorised person has inspected the tree; and\n(b) the decision-maker is satisfied on reasonable grounds that—\n(i) the tree is in good health; and\n(ii) there is no sign of damage to the tree; and\n(iii) the person has not engaged in conduct that contravenes the\ntree bond agreement.\n(2) The tree bond agreement may end earlier than the date stated in the\nagreement if—\n(a) the parties agree to the agreement ending at an earlier date\n(the earlier end date); and\n(b) an authorised person has inspected the tree and is satisfied that—\n(i) the tree is in good health; and\n(ii) there is no sign of any damage to the tree; and\n(iii) the person has not engaged in conduct that contravenes the\ntree bond agreement.\n(3) However, the earlier end date must be at least 6 months after the day\nany activity carried out under an authorisation mentioned in\nsection 92 (1) (a) is completed.\n","sortOrder":95},{"sectionNumber":"96","sectionType":"section","heading":"Tree bonds—refusal to release","content":"96 Tree bonds—refusal to release\n(a) a tree bond agreement has ended; and\n(b) an authorised person has inspected the tree; and\n\nTree advisory panel Division 5.3\n(c) the decision-maker is satisfied on reasonable grounds that—\n(i) the tree—\n(A) is not in good health; or\n(B) has been damaged; and\n(ii) the tree’s ill health or damage was likely caused by a failure\nof the person to comply with the tree bond agreement; or\n(iii) the person under the tree bond agreement has engaged in\nconduct that contravenes the tree bond agreement.\n(2) The decision-maker may do either or both of the following:\n(a) ask the person to do something to restore the tree;\n(b) refuse to refund part or all of the amount of the tree bond to the\nperson.\n(3) If the decision-maker asks the person to do something to restore the\ntree and the person fails to satisfactorily do the thing, the\ndecision-maker may refuse to refund all or part of the total amount of\nthe tree bond to the person.\n","sortOrder":96},{"sectionNumber":"97","sectionType":"section","heading":"Advisory panel—establishment","content":"97 Advisory panel—establishment\nThe Tree Advisory Panel is established.\n","sortOrder":97},{"sectionNumber":"98","sectionType":"section","heading":"Advisory panel—appointment of members","content":"98 Advisory panel—appointment of members\n(1) The Minister must appoint the members of the advisory panel.\nNote 1 For laws about appointments, see the Legislation Act, pt 19.3.\nNote 2 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\n(2) Each member must be appointed for—\n(a) at least 1 year; but\n(b) not longer than 4 years.\n(3) A panel member’s conditions of appointment are the conditions stated\nin the appointment, subject to any determination under the\nRemuneration Tribunal Act 1995.\n","sortOrder":98},{"sectionNumber":"99","sectionType":"section","heading":"Advisory panel—membership","content":"99 Advisory panel—membership\n(1) The tree advisory panel must have at least 3 members.\n(2) The Minister must ensure that—\n(a) each member of the advisory panel has extensive knowledge of\nand experience in 1 or more of the following fields:\n(i) arboriculture;\n(ii) forestry;\n(iii) horticulture; and\n(b) at least 1 member has extensive knowledge of and experience in\narboriculture or forestry; and\n(c) the members between them include people with extensive\nknowledge of and experience in at least 2 fields mentioned in\nparagraph (a).\n","sortOrder":99},{"sectionNumber":"100","sectionType":"section","heading":"Advisory panel—functions","content":"100 Advisory panel—functions\nThe advisory panel has the following functions:\n(a) to give any advice requested by the conservator, including\nadvice on the following:\n(i) an application for approval of an activity under\ndivision 3.3;\n\nTree advisory panel Division 5.3\n(ii) an application for approval of a tree management plan\nunder division 5.1;\n(iii) the proposed registration of a tree;\n(iv) the proposed cancellation of a tree’s registration;\n(v) an application for review of a decision under section 134;\n(b) to give other advice to the conservator on anything relevant to\nthe conservator’s functions in relation to tree protection.\n","sortOrder":100},{"sectionNumber":"101","sectionType":"section","heading":"Advisory panel—ending appointments","content":"101 Advisory panel—ending appointments\nThe Minister may, by written notice to a member of the advisory\npanel, end the member’s appointment for—\n(a) misbehaviour; or\n(b) physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions; or\n(c) contravening section 102.\n","sortOrder":101},{"sectionNumber":"102","sectionType":"section","heading":"Advisory panel—disclosure of members interests","content":"102 Advisory panel—disclosure of members interests\n(1) If a member of the advisory panel has a material interest in an issue\nin relation to which the advisory panel has been asked to advise the\nconservator, the member or advisory panel must disclose the nature\nof the interest to the conservator as soon as practicable after the\nmember or the advisory panel becomes aware of the relevant facts.\n(2) The member must not advise, or further advise, the conservator in\nrelation to the issue, unless the conservator directs otherwise.\n(3) Within 14 working days after the end of each financial year, the\nconservator must give the Minister a statement of any disclosure of\ninterest made under this section, and any direction given by the\nconservator, during the financial year.\n\nmaterial interest—an advisory panel member has a material interest\nin an issue if the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the advisory panel’s\nfunctions in relation to advising the conservator about the issue.\n","sortOrder":102},{"sectionNumber":"103","sectionType":"section","heading":"Advisory panel—procedures","content":"103 Advisory panel—procedures\nA regulation may prescribe procedures of the advisory panel,\nincluding how decisions are made by the panel.\nExamples—what a regulation may prescribe\n1 the quorum at meetings of the advisory panel\n2 who is to preside at meetings of the advisory panel\n3 how questions are to be resolved at meetings of the advisory panel\n","sortOrder":103},{"sectionNumber":"104","sectionType":"section","heading":"Advisory panel—delegation","content":"104 Advisory panel—delegation\nThe advisory panel may delegate any of its functions to a member of\nthe advisory panel in accordance with any requirement prescribed by\nregulation.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n\n","sortOrder":104},{"sectionNumber":"Part 6","sectionType":"part","heading":"Development applications—","content":"Part 6 Development applications—\nconservator’s advice\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Meaning of development—pt 6","content":"105 Meaning of development—pt 6\ndevelopment means a proposed development to which an application\nfor development approval under the Planning Act 2023, chapter 7\napplies.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Simplified outline—pt 6","content":"106 Simplified outline—pt 6\nThe following notes provide a simplified outline of this part and the\nPlanning Act 2023, chapter 7 (Development assessment and\napprovals).\nNote 1 Certain development applications to be referred to conservator\nThe territory planning authority may be required to refer a development\napplication to the conservator (see Planning Act 2023, s 170 and s 171).\nNote 2 Conservator to give advice about development application\nThe conservator gives advice to the territory planning authority, within\nthe prescribed number of days, in relation to tree protection and the\ndevelopment (see Planning Act 2023, s 172). The conservator may also\ngive the authority advice about tree protection on land subject to\ndevelopment under this Act, s 107.\nNote 3 Development approvals subject to tree protection conditions\nAn approval for a development that includes works in a declared site or\nthe protection zone of a protected tree must include a condition that the\ndevelopment comply with any applicable tree protection conditions,\nwhich may include a tree management plan, a canopy contribution\nagreement, and a tree bond agreement (see Planning Act 2023,\ns 187 (1) (f)).\nNote 4 Conservator’s advice to be considered\nThe conservator’s advice must be considered by the decision-maker in\ndeciding a development application referred to the conservator\n(see Planning Act 2023, s 186 (i), s 189 and s 190).\n\nPart 6 Development applications—conservator’s advice\nNote 5 Approvals inconsistent with conservator’s advice\nA development approval that is inconsistent with the conservator’s advice\nin relation to a regulated tree or a public tree may be given by the\ndecision-maker in certain circumstances (see Planning Act 2023,\ns 190 (1) (a) (i)).\nA development approval that is inconsistent with the conservator’s advice\nin relation to a registered tree, remnant tree or declared site may only be\ngiven by the Minister in certain circumstances for a territory priority\nproject (see Planning Act 2023, s 190 (1) (a) (ii)).\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Land subject to development—conservator may give","content":"107 Land subject to development—conservator may give\nadvice about tree protection\n(1) This section applies if the conservator is satisfied on reasonable\ngrounds that a development involves, or is likely to involve, an\nactivity that would or may—\n(2) The conservator may give the territory planning authority written\nadvice in relation to the development in accordance with section 108.\nNote If the territory planning authority refers a development application or\nchanged application to the conservator under the Planning Act 2023,\ns 170 or s 171, the conservator must, within the time required under that\nAct, s 172, give the territory planning authority advice in relation to the\ndevelopment application.\nprotected tree, in relation to a development, means a protected tree—\n(a) on the land subject to the development; or\n(b) on land adjoining the land subject to the development.\n\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Conservator’s advice about tree protection","content":"108 Conservator’s advice about tree protection\n(1) This section applies if the conservator gives advice—\n(a) under section 107 in relation to a development; or\n(b) under the Planning Act 2023, section 170 or section 171 in\nrelation to a development application.\n(2) The advice must include advice about tree protection requirements\nfor each protected tree with a protection zone on, or partly on, the\nland subject to the development.\n(3) Without limiting subsection (2), the advice may—\n(a) include information about the trees on the land; and\n(b) set out the changes (if any) the conservator considers should be\nmade to any tree management plan or proposed tree\nmanagement plan that relates to the development application,\ntaking into account—\n(i) the guidelines approved under section 88\n(Tree management plans—guidelines); and\n(ii) the advice (if any) of the advisory panel; and\n(iii) anything else the conservator considers relevant.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Offences—contravene tree protection condition of","content":"109 Offences—contravene tree protection condition of\ndevelopment approval\n(a) the conservator gives advice under section 107 in relation to a\ndevelopment; and\n(b) the development has development approval; and\n\nPart 6 Development applications—conservator’s advice\n(c) the approval is subject to a condition (a tree protection\ncondition) requiring a person to do or not do something in\nrelation to—\n(i) a protected tree; or\n(ii) the protection zone for a protected tree; or\n(iii) a declared site.\nExample—par (c)—tree protection condition\na condition that the applicant comply with tree protection requirements of a\ntree management plan\n(2) A person commits an offence if the person contravenes a tree\nprotection condition of the development approval.\n(3) Subsection (2) does not apply if the person has a reasonable excuse\nfor contravening the tree protection condition.\nmentioned in s (3) (see Criminal Code, s 58).\n(4) A person commits an offence if the person—\n(a) is responsible for the development; and\n(b) fails to take reasonable steps to tell each person carrying out\nwork on the development site about the tree protection\ncondition.\n(5) An offence against subsection (2) or (4) is a strict liability offence.\n\nresponsible—a person is responsible for a development if—\n(a) the person conducts a business or undertaking; and\n(b) the business or undertaking has management or control of the\nsite where work for the development is being carried out.\n\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Definitions—pt 7","content":"110 Definitions—pt 7\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\nNote The dictionary defines premises as including land.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under division 7.4 (Warrants).\n","sortOrder":111},{"sectionNumber":"Div 7","sectionType":"division","heading":"2 Authorised people","content":"Division 7.2 Authorised people\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Appointment of authorised people","content":"111 Appointment of authorised people\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n\nAuthorised people Division 7.2\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Identity cards","content":"112 Identity cards\n(1) The director-general must give each authorised person an identity\ncard stating the person’s name and that the person is an authorised\nperson.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if the person—\n(a) stops being an authorised person; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but within 7 days) after the day the\nperson stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) Subsection (3) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nmentioned in s (4) (see Criminal Code, s 58).\n(5) An offence against this section is a strict liability offence.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Authorised person must show identity card on exercising","content":"113 Authorised person must show identity card on exercising\npower\n(1) If an authorised person exercises a power under this Act that affects\nan individual, the authorised person must first show the authorised\nperson’s identity card to the individual.\n\n(2) If an authorised person exercises a power under this Act that affects\na person, other than an individual, the authorised person must first\nshow the authorised person’s identity card to an individual the\nauthorised person believes on reasonable grounds is an employee,\nofficer or agent of the person.\nExamples—person other than an individual\ncorporation, partnership\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Power to enter premises","content":"114 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises to—\n(i) inspect a tree, or the area near a tree, that is registered or\nproposed to be registered; or\n(ii) give a tree protection direction or tree reparation direction\nto the lessee or occupier of the premises; or\n(b) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(c) at any time, enter premises with the occupier’s consent; or\n(d) enter premises in accordance with a warrant.\nNote An authorised person also has power to enter premises in relation\nto tree protection directions (see s 47) and tree reparation directions\n(see s 50).\n(2) However, subsection (1) (a) or (b) does not authorise entry into a part\nof premises that is being used only for residential purposes.\n(3) An authorised person may, without the occupier’s consent, enter land\naround the premises to ask for consent to enter the premises.\n\nPowers of authorised people Division 7.3\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised person who enters premises under this section may\ninspect the premises or anything on it.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Production of identity card","content":"115 Production of identity card\nAn authorised person and any other person (other than a police\nofficer) accompanying the authorised person must not remain at\npremises entered under this part if the authorised person does not\nproduce their identity card when asked by the occupier.\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Consent to entry","content":"116 Consent to entry\n(1) This section applies if the authorised person intends to ask the\noccupier of premises to consent to the authorised person entering the\npremises.\n(2) Before asking for consent, the authorised person must—\n(a) produce their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(3) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(4) If the occupier signs an acknowledgment of consent, the authorised\nperson must, as soon as practicable, give a copy to the occupier.\n(5) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) a question arises, in a proceeding in the court, whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"General powers on entry to premises","content":"117 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) inspect or examine anything;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, audio, video or other recordings);\n(e) require the occupier, or anyone else at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\nPowers of authorised people Division 7.3\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\nMaximum penalty: 20 penalty units.\n","sortOrder":119},{"sectionNumber":"118","sectionType":"section","heading":"Power to seize things","content":"118 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied on reasonable grounds that the\nthing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\nNote If an authorised person seizes a thing, the authorised person must give a\nreceipt for it to the person from whom it was seized (see s 125).\n\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\nMaximum penalty: 20 penalty units.\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":120},{"sectionNumber":"119","sectionType":"section","heading":"Direction to give personal details","content":"119 Direction to give personal details\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) The authorised person may direct the person to give the authorised\nperson, immediately, any of the following details:\n(a) the person’s full name;\n(b) the person’s home address;\n(c) the person’s date of birth.\nNote 1 The authorised person must first show the person the authorised person’s\nidentity card (see s 113).\nNote 2 It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n\nWarrants Division 7.4\n(3) If the authorised person believes on reasonable grounds that a\npersonal detail given by a person in response to a direction under\nsubsection (2) is false or misleading, the authorised person may direct\nthe person to produce evidence immediately of the correctness of the\ndetail.\n(4) If an authorised person gives a direction to a person, the authorised\nperson must tell the person that it is an offence if the person fails to\ncomply with the direction.\n(5) If an authorised person gives a direction to a person, the authorised\nperson must give the direction in a language, or in a way of\ncommunication, that the authorised person believes on reasonable\ngrounds the person is likely to understand.\n","sortOrder":121},{"sectionNumber":"120","sectionType":"section","heading":"Offence—fail to comply with direction to give personal","content":"120 Offence—fail to comply with direction to give personal\ndetails\n(1) A person commits an offence if the person fails to comply with a\ndirection under section 119.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":122},{"sectionNumber":"121","sectionType":"section","heading":"Warrants generally","content":"121 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state the following:\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part;\n(b) the offence for which the warrant is issued;\n(c) the things that may be seized under the warrant;\n(d) the hours when the premises may be entered;\n(e) the date, within 14 days after the day of the warrant’s issue, the\nwarrant ends.\n","sortOrder":123},{"sectionNumber":"122","sectionType":"section","heading":"Warrants—announcement before entry","content":"122 Warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nwarrant—\n(a) announce that the authorised person is authorised to enter the\n\nWarrants Division 7.4\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemselves to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting the authorised person); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":124},{"sectionNumber":"123","sectionType":"section","heading":"Details of warrant to be given to occupier etc","content":"123 Details of warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a warrant is\nbeing executed, the authorised person or a person assisting must make\navailable to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":125},{"sectionNumber":"124","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"124 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a warrant is\nbeing executed, the person is entitled to observe the search being\nconducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":126},{"sectionNumber":"125","sectionType":"section","heading":"Receipt for things seized","content":"125 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis part, the authorised person must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 118 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":127},{"sectionNumber":"126","sectionType":"section","heading":"Moving things to another place for examination or","content":"126 Moving things to another place for examination or\nprocessing under warrant\n(1) A thing found at premises entered under a warrant may be moved to\nanother place for examination or processing to decide whether it may\nbe seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\nReturn and forfeiture of things seized Division 7.5\n(ii) it is significantly more practicable to do so considering the\ntimeliness and cost of examining or processing the thing at\nanother place and the availability of expert assistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of warrants apply, with\nany necessary changes, to the giving of an extension under this\nsection.\n","sortOrder":128},{"sectionNumber":"127","sectionType":"section","heading":"Access to things seized","content":"127 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) photograph the thing; and\n\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":129},{"sectionNumber":"128","sectionType":"section","heading":"Return of things seized","content":"128 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner and not withdrawn within 1 year after the\nday of the seizure, liability for the offence is disputed in\naccordance with the Magistrates Court Act 1930, section 132\n(Disputing liability for infringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under that section; or\n\nMiscellaneous Division 7.6\n(ii) the Magistrates Court does not find the offence proved.\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n","sortOrder":130},{"sectionNumber":"129","sectionType":"section","heading":"Damage etc to be minimised","content":"129 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person the authorised person believes\non reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":131},{"sectionNumber":"130","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"130 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nNotification and review of decisions Part 8\n","sortOrder":132},{"sectionNumber":"Part 8","sectionType":"part","heading":"Notification and review of","content":"Part 8 Notification and review of\ndecisions\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"Definitions—pt 8","content":"131 Definitions—pt 8\ninternally reviewable decision means a decision mentioned in\nschedule 1, part 1.1, column 3 under a provision of this Act mentioned\nin column 2 in relation to the decision.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means a decision mentioned in schedule 1,\npart 1.2, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Internal review notices","content":"132 Internal review notices\nIf a decision-maker makes an internally reviewable decision, the\ndecision-maker must give an internal review notice to each entity\nmentioned in schedule 1, part 1.1, column 4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Applications for internal review","content":"133 Applications for internal review\n(1) An entity mentioned in schedule 1, part 1.1, column 4 in relation to\nan internally reviewable decision may apply to the decision-maker for\nreview of the decision.\n(2) The application must be made within 14 working days after the day\nthe entity is given the internal review notice.\n\nPart 8 Notification and review of decisions\n(3) The application must—\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(4) The making of an application for review of an internally reviewable\ndecision automatically stays the operation of the decision until the\napplication is finally dealt with.\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Internal review","content":"134 Internal review\n(1) As soon as practicable after receiving an application for review of an\ninternally reviewable decision, the decision-maker must—\n(a) if the decision-maker is the conservator—\n(i) for an advisable decision—ask the advisory panel, in\nwriting, for advice on the application; or\n(ii) for any other decision—\n(A) ask the advisory panel, in writing, for advice on the\n(B) review the decision; or\n(b) if the decision-maker is the director-general—review the\n(2) If the conservator asks the advisory panel for advice, the advisory\npanel must give the conservator its advice within 30 working days\nafter the day the advisory panel receives the conservator’s request.\n(3) Within 35 working days after the relevant day, the decision-maker\nmust—\n(a) review the decision; and\n(b) confirm, vary or set aside the decision.\n\nNotification and review of decisions Part 8\n(4) For subsection (3) (a), if the conservator receives advice from the\nadvisory panel, the conservator must take into account the advice\nwhen reviewing the decision.\n(5) In this section:\nadvisable decision means a decision mentioned in schedule 1,\npart 1.1, column 3, items 1, 2 and 9.\nrelevant day means—\n(a) if the conservator asks the advisory panel for advice—the day\nthe conservator receives the advisory panel’s advice; or\n(b) in any other case—the day the decision-maker receives the\napplication for review.\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Reviewable decision notices","content":"135 Reviewable decision notices\nIf a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice only to each entity mentioned\nin schedule 1, part 1.2, column 4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Applications for review","content":"136 Applications for review\nAn entity mentioned in schedule 1, part 1.2, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\n\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Power to apply or disapply Act to entities or activities","content":"137 Power to apply or disapply Act to entities or activities\n(1) The Minister may declare that this Act, or a provision of this Act—\n(a) applies to a stated entity or a stated activity; or\n(b) does not apply to a stated entity or a stated activity.\n(2) A declaration is a disallowable instrument.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Power to extend or suspend time periods in extraordinary","content":"138 Power to extend or suspend time periods in extraordinary\ncircumstances\n(1) This section applies if the Minister believes on reasonable grounds\nthat the effective administration of this Act is, or may be, affected by\nextraordinary circumstances.\nExamples—extraordinary circumstances\nbushfire, pandemic, severe storm\n(2) The Minister may declare that a time period mentioned in this Act by\nwhich an entity must or may do something is extended or suspended\nfor a stated period.\n(3) A declaration is a disallowable instrument.\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Code of practice—protected tree disputes","content":"139 Code of practice—protected tree disputes\n(1) The Minister may approve a code of practice for dealing with\nprotected tree disputes.\n(2) For subsection (1), a dispute is a protected tree dispute if the\ndispute—\n(a) is between the lessees of 2 or more adjoining leases in a\nresidential area; and\n(b) relates to a protected tree whose protection zone crosses a\ncommon boundary between the leases.\n\nMiscellaneous Part 9\n(3) A code of practice is a disallowable instrument.\nresidential area means an area in a zone identified in the territory\nplan as a residential zone (RZ).\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Criminal liability of executive officers","content":"140 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nmentioned in s (5) (see Criminal Code, s 58).\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nrelevant offence means an offence against any of the following:\n(a) section 16 (1), (2), (3) or (4) (Offence—damaging protected\ntrees);\n(b) section 17 (1), (2) or (3) (Offence—doing prohibited\ngroundwork).\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Delegation of decision-maker’s functions","content":"141 Delegation of decision-maker’s functions\n(1) The decision-maker in relation to a protected tree may delegate the\ndecision-maker’s functions under this Act to—\n(a) a public employee; or\n(b) an authorised person; or\n\nMiscellaneous Part 9\n(c) a person prescribed by regulation.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n(2) However, the decision-maker must not delegate the function of—\n(a) deciding whether to register a tree under section 60; or\n(b) deciding whether to cancel a tree’s registration under section 66;\nor\n(c) reviewing a decision under section 134.\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"Incorporation of documents","content":"142 Incorporation of documents\nA statutory instrument under this Act may apply, adopt or incorporate\nan instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n","sortOrder":145},{"sectionNumber":"143","sectionType":"section","heading":"Determination of fees","content":"143 Determination of fees\n(1) The Minister may determine fees for this Act.\n","sortOrder":146},{"sectionNumber":"144","sectionType":"section","heading":"Regulation-making power","content":"144 Regulation-making power\nThe Executive may make regulations for this Act.\n\n","sortOrder":147},{"sectionNumber":"145","sectionType":"section","heading":"Review of Act","content":"145 Review of Act\n(1) The Minister must, as soon as practicable after the end of this Act’s\n2nd year of operation—\n(a) review the operation and effectiveness of this Act; and\n(b) present a report of the review to the Legislative Assembly.\nNote A reference to an Act includes a reference to any statutory instrument\nmade or in force under the Act (see Legislation Act, s 104).\n(2) This section expires 3 years after the day it commences.\n\nReviewable decisions Schedule 1\nInternally reviewable decisions Part 1.1\n","sortOrder":148},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 8)\n","sortOrder":149},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Internally reviewable decisions","content":"Part 1.1 Internally reviewable decisions\nitem\n1 28 approve, or refuse to approve,\nactivity\nland, heritage council,\nrepresentative Aboriginal\n2 31 cancel approval of activity person who held approval, lessee\nof land\n3 36 (2) make canopy contribution\nagreement subject to a\ncondition\nland\n4 36 (2) (a) on-site canopy contribution\ndecided by decision-maker\nland\n5 36 (2) (b) amount of financial settlement\ndecided by decision-maker\nland\n6 37 (2) (a) refuse or agree to amend\ncanopy contribution\nagreement condition\nland\n7 38 (2) (b) refuse to allow application for\npayment management plan\napplicant for payment plan\n8 39 (2) refuse or agree to exempt\napplicant from canopy\ncontribution agreement\napplicant for exemption, lessee\nof land\n9 85 (1) approve, or refuse to approve,\ntree management plan\nland, heritage council,\nrepresentative Aboriginal\n\nSchedule 1 Reviewable decisions\nPart 1.2 Reviewable decisions\nitem\n10 93 (2) (b) period of tree bond agreement party to tree bond agreement\n11 96 refuse to pay back tree bond,\nin full or part\nparty to tree bond agreement\nPart 1.2 Reviewable decisions\nitem\n1 44 give tree protection direction • person given direction\n• lessee or occupier of land to\nwhich direction relates\n2 55 approve, or refuse to approve,\nprovisional registration of tree\nunder s 56 (1), of registration\n3 60 approve, or refuse to approve,\nregistration of tree\nunder s 61 (1) (a), (b), (c), (e),\n(f) or (g) of registration decision\n4 66 cancel, or refuse to cancel,\ntree’s registration\nunder s 67 (1) (a), (b), (c), (e) or\n(f), of decision to cancel, or\nrefuse to cancel, registration\n5 69 make site declaration lessee of land to which site\ndeclaration relates\n6 76 approve, or refuse to approve,\ndisclosure of restricted\ninformation\n• applicant for approval\n• heritage council\n• representative Aboriginal\n7 134 confirm, vary or set aside\ndecision mentioned in sch 1,\npt 1.1, items 1 to 9\nentity who is given internal\nreview notice for decision in\nrelation to decision to be\nreviewed\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• administrative unit\n• appoint\n• calendar year\n• chief officer (ambulance service)\n• chief officer (fire and rescue service)\n• chief officer (rural fire service)\n• chief officer (SES)\n• conservator of flora and fauna\n• contravene\n• corporation\n• director-general (see s 163)\n• document\n• entity\n• exercise\n• function\n• heritage council\n• home address\n• individual\n• public employee\n• public notice\n• public servant\n• reviewable decision notice\n• territory land\n• territory plan\n• territory planning authority\n• the Territory\n• writing.\n\nAboriginal cultural tree—a tree is an Aboriginal cultural tree if it is\nof cultural significance to Aboriginal people because of either or both\nof the following:\n(a) Aboriginal tradition;\n(b) the history, including contemporary history, of any Aboriginal\npeople of the area where the tree is located.\nscarred trees, modified trees\nAboriginal object, in relation to a tree—see the Heritage Act 2004,\nsection 9.\nAboriginal person means a person who—\n(a) is a descendant of an Aboriginal person; and\n(b) identifies as an Aboriginal person; and\n(c) is accepted as an Aboriginal person by an Aboriginal\ncommunity.\nAboriginal place, in relation to a tree that forms part of a place—see\nthe Heritage Act 2004, section 9.\nadvisory panel means the Tree Advisory Panel established under\nsection 97.\nappeal, in relation to a reviewable decision, means an application to\nthe ACAT to review the decision.\nappeal period means the period within which an appeal may be made.\napproval criteria—see section 20 (1).\nat premises includes in or on the premises.\nauthorisation, for division 5.2 (Tree bonds)—see section 92 (1) (a).\nauthorised person means an authorised person appointed under\nsection 111.\nbuilt-up urban area—see section 8.\n\ncancellation criteria, for part 4 (Registration of trees)—\nsee section 52 (1) (b).\ncanopy contribution, for subdivision 3.3.2 (Approved activities—\ncanopy contributions)—see section 34.\ncanopy contribution agreement—see section 35 (3).\nconnected, for part 7 (Enforcement)—see section 110.\nconservator means the conservator of flora and fauna.\ncustodian, for territory land that is public land, unleased land or both,\nmeans the administrative unit or other entity with administrative\nresponsibility for the land.\ndamage a protected tree—see section 14.\ndecision-maker—\n(a) for this Act generally—means—\n(i) for a decision or other function relating to a registered tree,\na regulated tree, or a remnant tree located on land outside\nthe built-up urban area—the conservator; or\n(ii) for a decision or other function relating to a public tree—\nthe director-general; and\n(b) for subdivision 3.3.2 (Approved activities—canopy\ncontributions), in relation to a protected tree that is proposed to\nbe removed in accordance with a development approval—see\nsection 34.\ndeclared site means an area declared to be a declared site under\nsection 69.\ndevelopment—\n(a) for this Act generally—see the Planning Act 2023, section 14;\nand\n(b) for part 6 (Development applications—conservator’s advice)—\nsee section 105.\n\ndevelopment application—see the Planning Act 2023,\nsection 166 (1).\ndevelopment approval—see the Planning Act 2023, dictionary.\nfinancial settlement, in relation to a canopy contribution agreement,\nfor subdivision 3.3.2 (Approved activities—canopy contributions)—\nsee section 36 (2) (b).\nfuture urban area—see the Planning Act 2023, dictionary.\nheritage register—see the Heritage Act 2004, section 20.\nheritage tree means a tree that—\n(a) forms part of a place that is registered or provisionally\nregistered, or has been nominated for registration, on the\nheritage register; or\n(b) forms part of an Aboriginal place or is an Aboriginal object.\ninternally reviewable decision, for part 8 (Notification and review of\ndecisions)—see section 131.\ninternal review notice, for part 8 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nleased land means leased territory land, other than land leased for\nrural purposes, or purposes including rural purposes.\noccupier, of premises, for part 7 (Enforcement)—see section 110.\noffence, for part 7 (Enforcement)—see section 110.\non-site canopy contribution, in relation to a canopy contribution\nagreement, for subdivision 3.3.2 (Approved activities—canopy\ncontributions)—see section 36 (2) (a).\nplace, in relation to a tree that forms part of a place—see the Heritage\nAct 2004, section 8.\npremises includes land.\n\nprohibited groundwork—see section 15.\nprotected tree—see section 9.\nprotection zone, for a protected tree—see section 13.\nprovisional registration period, for part 4 (Registration of trees)—\nsee section 58 (1).\nprovisionally register a tree means provisionally register the tree\nunder section 57.\npublic tree—see section 9, definition of protected tree\nparagraph (a) (iii).\npublic unleased land—see the Public Unleased Land Act 2013,\nsection 8.\npublic unleased land permit, for division 5.2 (Tree bonds)—see the\nPublic Unleased Land Act 2013, section 40.\nregister a tree means register the tree under section 62.\nregistered tree—see section 10.\nregistration criteria, for part 4 (Registration of trees)—\nsee section 52 (1) (a).\nregulated tree—see section 11.\nremnant tree—see section 12.\nrepresentative Aboriginal organisation means—\n(a) an organisation declared to be a representative Aboriginal\norganisation under the Heritage Act 2004, section 14; or\n(b) an organisation prescribed by regulation.\nrestricted information, for part 4 (Registration of trees)—\nsee section 51.\nreviewable decision, for part 8 (Notification and review of\ndecisions)—see section 131.\n\nsite declaration, for part 4 (Registration of trees)—see section 69 (2).\nsubdivision design application—see the Planning Act 2023,\nsection 43 (1).\ntree includes a palm tree.\ntree bond—see section 92 (2) (b).\ntree bond agreement, for division 5.2 (Tree bonds)—\nsee section 92 (2).\ntree management plan—\n(a) for this Act generally—see section 78 (1); and\n(b) for this Act other than section 78—includes a tree management\nplan approved under the Planning Act 2023, section 185 (5).\ntree protection condition, of a development approval—\nsee section 109 (1) (c).\ntree protection direction—see section 44 (1).\ntree register—see section 53 (1).\ntree reparation direction, for subdivision 3.4.2 (Tree reparation\ndirections)—see section 48 (2).\nurban forest—see section 7.\nwarrant, for part 7 (Enforcement)—see section 110.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":150},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nUrban Forest Act 2023 A2023-14\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nremainder commenced 1 January 2024 (s 2)\nas amended by\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.11\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.12\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.12 commenced 15 May 2025 (s 2 and see Biosecurity\nAct 2023 A2023-50, s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 12\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 12 commenced 18 September 2024 (s 2 (4))\n\nAmendment history 4\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2023-52 amdt 1.66\nMeaning of urban forest\ns 7 am A2023-52 amdt 1.67\nMeaning of built-up urban area\ns 8 am A2023-52 amdt 1.68, amdt 1.69\nMeaning of protected tree\ns 9 am A2023-52 amdt 1.70\nMeaning of regulated tree\ns 11 am A2024-11 amdt 2.34, amdt 2.35\nExceptions—tree damaging and prohibited groundwork offences\ns 18 am A2024-11 amdt 2.36\nApplication for approval of tree damaging etc activity\ns 21 am A2024-49 s 22\nApproval application—referral to other entities\ns 25 am A2023-52 amdt 1.71\nApproval application—notice of decision\ns 29 am A2023-52 amdt 1.72\nCancellation of approval\ns 31 am A2023-52 amdt 1.72\nDefinitions—sdiv 3.3.2\ns 34 def decision-maker am A2023-52 amdt 1.73\nsub A2024-49 s 23\nDecision on approval application—canopy contribution agreements\ns 35 am A2023-52 amdt 1.74, amdt 1.75; A2024-49 s 24, s 25\nTree reparation directions\ns 48 am A2024-11 amdt 2.37\nSite declarations\ns 69 am A2023-52 amdt 1.72\nTree management plans—proposal or application\ns 78 am A2023-52 amdt 1.77\nTree management plans—referral of proposal or application to other entities\ns 82 am A2023-52 amdt 1.78\n\n4 Amendment history\nMeaning of development—pt 6\ns 105 am A2023-52 amdt 1.79\nSimplified outline—pt 6\ns 106 sub A2023-52 amdt 1.80\nLand subject to development—conservator may give advice about tree\nprotection\ns 107 am A2023-52 amdt 1.81\nConservator’s advice about tree protection\ns 108 am A2023-52 amdt 1.82\nReview of Act\ns 145 exp 1 January 2027 (s 145 (2))\nRepeals\npt 10 hdg om LA s 89 (3)\nLegislation repealed\ns 146 om LA s 89 (3)\nTransitional\npt 20 hdg exp 1 January 2026 (s 317)\nDefinitions—pt 20\ns 300 exp 1 January 2026 (s 317)\nApplications for approval made before commencement day\ns 301 exp 1 January 2026 (s 317)\nApprovals in force before commencement\ns 302 exp 1 January 2026 (s 317)\nApprovals in force with uncommenced extension\ns 303 exp 1 January 2026 (s 317)\nApplications for tree management plans made before commencement day\ns 304 exp 1 January 2026 (s 317)\nNominations for tree registration before commencement day\ns 305 exp 1 January 2026 (s 317)\nProvisional registration of trees before commencement day\ns 306 exp 1 January 2026 (s 317)\nRegistration of trees before commencement day\ns 307 exp 1 January 2026 (s 317)\nProposal to cancel tree registration made before commencement day\ns 308 exp 1 January 2026 (s 317)\nAboriginal heritage trees under repealed Act\ns 309 exp 1 January 2026 (s 317)\n\nAmendment history 4\nSite declaration made before commencement day\ns 310 exp 1 January 2026 (s 317)\nDeclarations under repealed Act, s 64\ns 311 exp 1 January 2026 (s 317)\nApprovals under repealed Act, s 66\ns 312 exp 1 January 2026 (s 317)\nTree protection directions in force before commencement day\ns 313 exp 1 January 2026 (s 317)\nAuthorised people\ns 314 exp 1 January 2026 (s 317)\nInstruments under repealed Act\ns 315 exp 1 January 2026 (s 317)\nTransitional regulations\ns 316 exp 1 January 2026 (s 317)\nExpiry—pt 20\ns 317 exp 1 January 2026 (s 317)\ndict am A2023-52 amdt 1.83\ndef decision-maker am A2023-52 amdt 1.84; A2024-49 s 26\ndef development am A2023-52 amdt 1.85\ndef development application am A2023-52 amdt 1.86\ndef development approval am A2023-52 amdt 1.87\ndef estate development plan om A2023-52 amdt 1.88\ndef future urban area am A2023-52 amdt 1.89\ndef subdivision design application ins A2023-52 amdt 1.90\ndef tree management plan am A2023-52 amdt 1.91\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n1 Jan 2024\n1 Jan 2024–\n17 Sept 2024\nA2023-52 new Act and\namendments by\nA2023-52\n18 Sept 2024\n18 Sept 2024–\nA2024-49 amendments by\nA2024-49\n15 May 2025–\n1 Jan 2026\nA2024-49 amendments by\nA2024-11\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":151}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original Act was intended to protect trees in urban areas, but subsequent amendments have expanded its scope considerably. For example, the inclusion of canopy contribution agreements (requiring payments or replacement planting for removed trees), tree bonds as a new security mechanism, and referral requirements to heritage councils and Aboriginal organisations go well beyond basic tree protection. The Act now regulates activities on both public and private land in a manner that imposes significant compliance burdens on landowners, developers, and utility providers, effectively making the government a gatekeeper for many routine land management decisions. The original focus on conservation has been broadened to include biodiversity, cultural heritage, and community engagement objectives, each adding layers of regulation and discretion."},"complexity_factors":["Over 30 defined terms in the dictionary, many with multi-part definitions","Numerous cross-references to other Acts (Planning Act, Heritage Act, Biosecurity Act, Utilities Act, etc.)","Multiple nested exceptions and exemptions in sections 18 and 35","Layered approval processes with multiple decision-makers (conservator, director-general, territory planning authority)","Conditional logic in defining protected trees (size thresholds, location, registration status)","Extensive offence provisions with varying fault elements (intention, recklessness, negligence, strict liability)","Separate parts for registration, tree bonds, management plans, and enforcement with their own detailed procedures","Timeframes and notice requirements with multiple working-day calculations","Provisions that allow Minister to extend or suspend time periods in 'extraordinary circumstances'","Inclusion of transitional provisions (now expired) and multiple amendment histories"],"plain_english_summary":"This ACT law creates a detailed system to protect trees in urban areas. It defines different categories of trees—such as \"registered trees\" (individually listed for special protection), \"regulated trees\" (large trees on private land), and \"public trees\" (on government land)—and makes it an offence to damage them or do certain types of groundwork near them without permission. The law sets up processes for getting approval to remove or prune protected trees, which often requires the landowner to plant replacement trees or pay a fee into a government fund. It also allows for tree management plans, tree bonds (a deposit to ensure trees are not damaged during construction), and a tree register. There are extensive enforcement powers for authorised officers, including entry onto private property with or without a warrant. The law creates a Tree Advisory Panel and requires the conservator to be consulted on development applications that might affect trees. Overall, the law significantly restricts what landowners and developers can do with trees on their land, adding compliance costs and bureaucratic hurdles. It aims to increase tree canopy cover in Canberra to 30%, but the stated goals come with trade-offs for private property rights, housing supply, and business activity."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1427},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original scope as a tree protection and urban forest management Act. The 2024 amendments (A2024-49) refined the canopy contribution agreement provisions and decision-maker definitions, while A2024-11 updated biosecurity-related exceptions. The transitional provisions expired as scheduled on 1 January 2026, which was anticipated in the original Act's design. No significant scope expansion beyond tree protection, registration, and urban forest sustainability is evident."},"complexity_factors":["Multiple overlapping categories of protected trees (registered, regulated, public, remnant) with different rules applying in different zones (built-up urban, future urban, declared sites)","Extensive cross-referencing with other ACT laws: Planning Act 2023, Heritage Act 2004, Biosecurity Act 2023, Utilities Act 2000, Public Unleased Land Act 2013, Nature Conservation Act 2014, Criminal Code","Nested decision-making authorities: conservator for registered/regulated/remnant trees, director-general for public trees, territory planning authority for development-related removals, Minister for certain overrides","Detailed mens rea gradations for offences: intentional, reckless, negligent, and strict liability tiers with different penalties","Canopy contribution agreement system with multiple pathways: on-site planting, financial settlement, payment plans, exemptions, and annual reporting requirements","Protection zone calculations combining canopy projection, 2m buffer, and 4m trunk radius with potential override by tree management plans","Restricted information regime for Aboriginal cultural trees with disclosure approval process and limited access for land sale purposes","Multiple referral and consultation requirements: advisory panel, Heritage Council, representative Aboriginal organisations, with deemed consent provisions and time limits","Tree bond system with 3-year maximum periods, health inspections, and partial forfeiture provisions","Internal review and ACAT review pathways with different entities having standing for different decision types"],"plain_english_summary":"This ACT law protects trees in Canberra's urban areas to create a sustainable **urban forest** — the network of trees in built-up areas, future development zones, and public land.\n\n**Who it affects:**\n- **Property owners and lessees** — must get approval before damaging or removing protected trees\n- **Developers** — face special rules when building near protected trees\n- **Utility companies** — need tree management plans before doing groundwork near protected trees\n- **Anyone doing construction or landscaping** — prohibited activities in \"protection zones\" around trees\n\n**What it does:**\n\n**1. Defines protected trees** (Part 2)\n- **Registered trees** — individually listed on a public register for special protection\n- **Regulated trees** — automatically protected if they meet size thresholds (8m tall, 8m canopy width, or trunk circumference of 1m at 1.4m height)\n- **Public trees** — on public unleased land\n- **Remnant trees** — native trees that are original vegetation remnants\n\n**2. Prohibits damage without approval** (Part 3)\n- It's an offence to **kill, poison, ringbark, fell, or significantly damage** a protected tree (penalties up to 500 penalty units / ~$80,000 for individuals)\n- **Prohibited groundwork** in protection zones includes: excavating deeper than 100mm over 4m², raising soil levels, compacting soil, or contaminating soil\n- **Protection zone** = area under the canopy + 2m buffer around it + 4m around the trunk\n\n**3. Creates an approval system** (Division 3.3)\n- Apply to the **conservator** (for registered/regulated/remnant trees) or **director-general** (for public trees)\n- Must get **advisory panel** input and consult **Heritage Council** for heritage or Aboriginal cultural trees\n- **Canopy contribution agreements** required when removing trees — either plant replacement trees on-site OR pay a financial settlement\n- **Urgent approvals** available for safety emergencies\n\n**4. Establishes a Tree Register** (Part 4)\n- Anyone can **nominate a tree for registration**\n- **Provisional registration** (1 year) while assessment occurs\n- **Aboriginal cultural trees** automatically provisionally registered; location details are **restricted information**\n- Registration can be cancelled if tree dies naturally or no longer meets criteria\n- **Site declarations** can protect former registration zones for 5+ years\n\n**5. Tree management plans and bonds** (Part 5)\n- **Tree management plans** — approved plans allowing specific activities near protected trees\n- **Tree bonds** — security deposits required for high-risk construction, refunded if tree remains healthy\n- **Tree Advisory Panel** — expert body advising on arboriculture, forestry, and horticulture\n\n**6. Links to development approvals** (Part 6)\n- Development applications affecting protected trees must be **referred to the conservator**\n- Development approvals can include **tree protection conditions**\n- Stricter rules for registered trees and remnant trees — only the Minister can override conservator's advice for \"territory priority projects\"\n\n**7. Enforcement powers** (Part 7)\n- **Authorised persons** can enter premises, inspect trees, seize evidence, and issue directions\n- **Warrants** available for entry with force\n- **Tree protection directions** — emergency orders to fence or protect trees\n- **Tree reparation directions** — orders to repair damage or replace trees\n\n**8. Review rights** (Part 8)\n- **Internal review** by decision-maker (35 working days)\n- **ACAT review** for final decisions\n\n**Key offences:**\n| Offence | Max penalty (individual) |\n|---------|------------------------|\n| Intentionally damaging protected tree | 500 units (~$80,000) |\n| Reckless damage | 300 units (~$48,000) |\n| Negligent damage | 100 units (~$16,000) |\n| Strict liability damage | 50 units (~$8,000) |\n| Prohibited groundwork (intentional) | 300 units |\n| Contravening approval conditions | 50 units |\n| Failing to comply with tree protection/reparation direction | 50 units |\n| Disclosing restricted Aboriginal cultural tree information | 50 units |\n\n**Special protections:**\n- **Aboriginal cultural trees** — location/nature information restricted; disclosure requires approval\n- **Heritage trees** — registered under Heritage Act 2004; extra consultation required\n- **Emergency exceptions** — fire, ambulance, police, and utility safety work exempted"}},"importantCases":[],"_links":{"self":"/api/acts/urban-forest-act-2023","history":"/api/acts/urban-forest-act-2023/history","analysis":"/api/acts/urban-forest-act-2023/analysis","conflicts":"/api/acts/urban-forest-act-2023/conflicts","importantCases":"/api/acts/urban-forest-act-2023/important-cases","documents":"/api/acts/urban-forest-act-2023/documents"}}