{"id":"sl-2023-39","name":"Urban Forest Regulation 2023","slug":"urban-forest-regulation-2023","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"39 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173881,"registerId":"act-sl-2023-39-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Urban Forest Regulation 2023","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUrban Forest Regulation 2023\nSL2023-39\nmade under the\nUrban Forest Act 2023\nRepublication No 2\nEffective: 10 September 2024\nRepublication date: 10 September 2024\nLast amendment made by SL2024-28\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Urban Forest Regulation 2023, made under the Urban Forest Act\n2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 10 September 2024. It also includes any commencement, amendment,\nrepeal or expiry affecting this republished law to 10 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUrban Forest Regulation 2023\nmade under the\nUrban Forest Act 2023\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Canopy contribution agreements\n5 Definitions—pt 2 3\n6 Canopy contribution agreements—on-site canopy contribution—Act,\ns 36 (5) (a) 4\n7 Canopy contribution agreements—financial settlement—Act,\ns 36 (5) (b) 5\n7A Canopy contribution agreements—exemption considerations for home\nowners—Act, s 39 (3) (b) 8\n\nContents\nPage\ncontents 2 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Tree bonds\n8 Tree bond agreements—Act, s 92 (3) 10\n9 Tree bond amount—Act, s 93 (5) (a) 10\n10 Tree bond amount and period—matters decision-maker must and may\nconsider—Act, s 93 (5) (b) 11\nDictionary 13\nEndnotes\n1 About the endnotes 15\n2 Abbreviation key 15\n3 Legislation history 16\n4 Amendment history 16\n5 Earlier republications 17\n\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUrban Forest Regulation 2023\nmade under the\nUrban Forest Act 2023\n\nPart 1 Preliminary\nSection 1\npage 2 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Urban Forest Regulation 2023.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘home owner, for part 2 (Canopy\ncontribution agreements)—see section 5.’ means that the term\n‘home owner’ is defined in that section for that part.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n\nCanopy contribution agreements Part 2\nSection 5\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Canopy contribution agreements\n5 Definitions—pt 2\n(1) In this part:\ncanopy cover restoration period means the period within which a tree\ncanopy cover must be restored.\ncommon property—see the Unit Titles Act 2001, section 13.\nfinancial settlement amount—see section 7 (1).\nhome owner—a person is a home owner if—\n(a) the person—\n(i) is the lessee of land; and\n(ii) provides written evidence that they—\n(A) have been living on the land for at least 2 years; or\n(B) intend to live on the land for at least 2 years; or\n(b) for land that is the common property of a units plan—the person\nis an owners corporation holding the lease for the land, but only\nwhen the corporation is not—\n(i) an applicant for development approval for development\ninvolving the removal of a protected tree on the land; or\n(ii) an approval-holder in relation to development involving\nthe removal of a protected tree on the land.\nNote The owners corporation is granted a lease for the common property\non registration of a units plan (see Unit Titles Act 2001,\ns 33 (2) (b)).\nowner, in relation to a unit in a units plan—see the Unit Titles\nAct 2001, dictionary.\n\nPart 2 Canopy contribution agreements\nSection 6\npage 4 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nowners corporation, for a units plan—see the Unit Titles\n(Management) Act 2011, dictionary.\nparcel, in relation to a units plan—see the Unit Titles Act 2001,\nsection 5 (b).\nreplacement tree, in relation to the removal of a protected tree from\nland, means a tree to be planted on the land to replace the protected\ntree as part of an on-site canopy contribution under a canopy\ncontribution agreement.\nunits plan—see the Unit Titles Act 2001, dictionary.\nunit subsidiary—see the Unit Titles Act 2001, section 12.\n(2) In this section:\napproval-holder—see the Planning Act 2023, dictionary.\n6 Canopy contribution agreements—on-site canopy\ncontribution—Act, s 36 (5) (a)\n(1) In working out an on-site canopy contribution for an applicant who is\na home owner, the number of replacement trees for each protected\ntree approved for removal is—\n(a) if the decision-maker is satisfied it is feasible to plant\n2 replacement trees—2 trees; or\n(b) in any other case—as near as practicable to, but not more than,\n2 trees.\n(2) In considering the feasibility of planting a replacement tree for\nsubsection (1), if the land where the protected tree is located is part\nof a unit or the common property of a units plan, the decision-maker\nmay only consider—\n(a) if the applicant is an owner of a unit in the units plan—the land\nshown on the units plan as the owner’s unit, including any unit\nsubsidiary annexed to the unit; and\n\nCanopy contribution agreements Part 2\nSection 7\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the applicant is the owners corporation for the units plan—the\ncommon property of the units plan.\n(3) In working out an on-site canopy contribution for an applicant other\nthan a home owner, the decision-maker must be satisfied that, at the\nend of the canopy cover restoration period, the combined projected\ncanopy area of all the replacement trees will be equal to the combined\ncanopy area of all the protected trees approved for removal.\n(4) The size of a replacement tree for an on-site canopy contribution must\nbe at least the minimum size determined under subsection (5) (b).\n(5) The Minister may determine the following:\n(a) the canopy cover restoration period;\n(b) the minimum size of a replacement tree;\n(c) the projected canopy area of a replacement tree at the end of the\ncanopy cover restoration period.\n(6) A determination is a disallowable instrument.\n(7) In this section:\napplicant means a person entering into a canopy contribution\nagreement under the Act, section 35 in relation to the removal of a\nprotected tree.\n7 Canopy contribution agreements—financial settlement—\nAct, s 36 (5) (b)\n(1) In working out the amount to be paid for a financial settlement, an\napplicant must pay the following amount (the financial settlement\namount):\n(a) for a home owner—$1 200 for each protected tree on the land\napproved for removal;\n\nPart 2 Canopy contribution agreements\nSection 7\npage 6 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for an applicant other than a home owner—the amount worked\nout as follows:\n(AL − AG + RC) × ZM\nAG means the amount gained, at the end of the canopy cover\nrestoration period, from planting a replacement tree.\nAL means the amount lost, at the end of the canopy cover restoration\nperiod, from removing the protected tree.\nRC means the cost of planting a replacement tree.\nZM means the modifying number (the zone modifier) for the zone\nwhere the lessee’s land is located.\n(2) However, the financial settlement amount payable by an applicant\nmay be reduced by the following amount:\n(a) for a home owner—\n(i) $600 for each replacement tree the home owner agrees to\nplant in accordance with an on-site canopy contribution\nworked out under section 6; and\n(ii) if the decision-maker is satisfied at least 30% of the land\nwhere a protected tree is located is covered by tree canopy\nwhen the application is made—$600 for each replacement\ntree it is not feasible to plant; and\n(iii) if the home owner holds a Commonwealth concession\ncard—50% of the amount payable after any deductions\nunder subparagraphs (i) and (ii) are made;\n(b) for an applicant other than a home owner—an amount equal to\nthe value of the number of replacement trees the applicant agrees\nto plant.\n\nCanopy contribution agreements Part 2\nSection 7\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For subsection (2) (a) (ii), if the land where the protected tree is\nlocated is part of a unit or the common property of a units plan, the\ndecision-maker—\n(a) in considering the percentage of the land covered by tree\ncanopy, may consider the whole parcel of land; and\n(b) in considering the feasibility of planting a replacement tree on\nthe land, may only consider—\n(i) if the applicant is an owner of a unit in the units plan—the\nland shown on the units plan as the owner’s unit, including\nany unit subsidiary annexed to the unit; and\n(ii) if the applicant is the owners corporation for the units\nplan—the common property of the units plan.\n(4) The Minister may determine the following:\n(a) the amount lost from removing a protected tree;\n(b) the amount gained from planting a replacement tree;\n(c) the canopy cover restoration period;\n(d) the cost of planting a replacement tree;\n(e) the zone modifier for a zone.\n(5) A determination is a disallowable instrument.\n(6) In this section:\napplicant—see section 6 (7).\nCommonwealth concession card means any of the following cards:\n(a) a current health care card issued under the Social Security\nAct 1991 (Cwlth);\n(b) a current pensioner concession card issued under the Social\nSecurity Act 1991 (Cwlth);\n\nPart 2 Canopy contribution agreements\nSection 7A\npage 8 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a current pensioner concession card issued in relation to a\npension under the Veterans’ Entitlements Act 1986 (Cwlth) or\nthe Military Rehabilitation and Compensation Act 2004\n(Cwlth);\n(d) a current gold card.\ngold card means a card known as the Repatriation Health Card For\nAll Conditions that evidences a person’s eligibility, under the\nVeterans’ Entitlements Act 1986 (Cwlth) or the Military\nRehabilitation and Compensation Act 2004 (Cwlth), to be provided\nwith treatment for all injuries or diseases.\nzone means an area identified as a zone in the territory plan.\n7A Canopy contribution agreements—exemption\nconsiderations for home owners—Act, s 39 (3) (b)\n(1) If the applicant under the Act, section 21 is a home owner, the matters\nin subsection (2) are prescribed in relation to the land where the\nprotected tree is located.\n(2) The decision-maker must consider—\n(a) whether at least 30% of the land is predicted to be covered by\ntree canopy immediately after the protected tree is removed; and\n(b) if at least 30% of the land is predicted to be covered by tree\ncanopy immediately after the protected tree is removed—the\nfeasibility of planting a replacement tree on the land.\n(3) For subsection (2), if the land where the protected tree is located is\npart of a unit or the common property of a units plan, the\ndecision-maker—\n(a) in considering the percentage of the land predicted to be covered\nby tree canopy, may consider the whole parcel of land; and\n\nCanopy contribution agreements Part 2\nSection 7A\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in considering the feasibility of planting a replacement tree on\nthe land, may only consider—\n(i) if the applicant is an owner of a unit in the units plan—the\nland shown on the units plan as the owner’s unit, including\nany unit subsidiary annexed to the unit; and\n(ii) if the applicant is the owners corporation for the units\nplan—the common property of the units plan.\n\nPart 3 Tree bonds\nSection 8\npage 10 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Tree bonds\n8 Tree bond agreements—Act, s 92 (3)\nThe following documents are prescribed:\n(a) a report stating the condition of the protected tree;\n(b) a statement setting out—\n(i) how the applicant proposes to protect the tree from damage\n(the protection measures); and\nExamples—protection measures\nfencing, signage\n(ii) how the protection measures are in accordance with any\ngovernment policy relating to tree protection.\nExample—government policy relating to tree protection\ntree management plan guidelines\n9 Tree bond amount—Act, s 93 (5) (a)\n(1) The amount of a tree bond is—\n(a) for a registered tree—the greater of—\n(i) $3 000; and\n(ii) 3 times the value of the tree; and\n(b) for any other tree—the amount decided by the decision-maker.\n(2) For subsection (1) (b), the amount must be—\n(a) at least—\n(i) $3 000; or\n(ii) if the value of the tree is more than $3 000—the value of\nthe tree; but\n(b) not more than 3 times the value of the tree.\n\nTree bonds Part 3\nSection 10\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The value of a tree is worked out as follows:\nAL − AG + RC\nAG—see section 7 (1).\nAL—see section 7 (1).\nRC—see section 7 (1).\n10 Tree bond amount and period—matters decision-maker\nmust and may consider—Act, s 93 (5) (b)\n(1) This section applies if a decision-maker is deciding—\n(a) the amount of a tree bond; or\n(b) the period for which a tree bond has effect.\n(2) The decision-maker—\n(a) must take into account the following:\n(i) for a young tree—the cost of replacing the tree;\n(ii) whether the applicant for a tree bond agreement has a\nhistory of not complying with the Act or the repealed Act;\n(iii) whether the decision-maker has previously refused to\nrefund the amount of a tree bond to the applicant; and\n(b) may take into account the following:\n(i) the condition of the tree to which the tree bond relates;\n(ii) the risk of damage to the tree, taking into consideration the\ntree’s species;\n\nPart 3 Tree bonds\nSection 10\npage 12 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the tree’s proximity to any activity to be carried out for a\nplan, permit or development mentioned in the Act,\nsection 92 (1) (a).\nExamples—activities that may be carried out\ndemolition, excavation, construction\n(3) In this section:\nrepealed Act means the Tree Protection Act 2005.\n\nDictionary\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• document\n• in relation to\n• land\n• person (see s 160).\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Urban Forest Act 2023. For example, the following terms are defined\nin the Act, dict:\n• canopy contribution agreement (see s 35 (3))\n• decision-maker\n• development approval\n• financial settlement\n• on-site canopy contribution\n• protected tree (see s 9)\n• registered tree (see s 10)\n• tree bond (see s 92 (2) (b))\n• tree bond agreement.\ncanopy cover restoration period, for part 2 (Canopy contribution\nagreements)—see section 5 (1).\ncommon property, for part 2 (Canopy contribution agreements)—see\nthe Unit Titles Act 2001, section 13.\nfinancial settlement amount, for part 2 (Canopy contribution\nagreements)—see section 7 (1).\nhome owner, for part 2 (Canopy contribution agreements)—see\nsection 5 (1).\nowner, in relation to a unit in a units plan, for part 2 (Canopy\ncontribution agreements)—see the Unit Titles Act 2001, dictionary.\n\nDictionary\npage 14 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nowners corporation, for a units plan, for part 2 (Canopy contribution\nagreements)—see the Unit Titles (Management) Act 2011,\ndictionary.\nparcel, in relation to a units plan, for part 2 (Canopy contribution\nagreements)—see the Unit Titles Act 2001, section 5 (b).\nreplacement tree, for part 2 (Canopy contribution agreements)—see\nsection 5 (1).\nunits plan, for part 2 (Canopy contribution agreements)—see the\nUnit Titles Act 2001, dictionary.\nunit subsidiary, for part 2 (Canopy contribution agreements)—see\nthe Unit Titles Act 2001, section 12.\n\nEndnotes\nAbout the endnotes 1\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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.\n2 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\nEndnotes\n3 Legislation history\npage 16 Urban Forest Regulation 2023\nEffective: 10/09/24\nR2\n10/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nUrban Forest Regulation 2023 SL2023-39\nnotified LR 15 December 2023\ns 1, s 2 commenced 15 December 2023 (LA s 75 (1)\nremainder commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nas amended by\nUrban Forest Amendment Regulation 2024 (No 1) SL2024-28\nnotified LR 9 September 2024\ns 1, s 2 commenced 9 September 2024 (LA s 75 (1)\nremainder commenced 10 September 2024 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDefinitions—pt 2\ns 5 sub SL2024-28 s 4\ndef canopy cover restoration period sub SL2024-28 s 4\ndef common property ins SL2024-28 s 4\ndef financial settlement amount sub SL2024-28 s 4\ndef home owner sub SL2024-28 s 4\ndef owner ins SL2024-28 s 4\ndef owners corporation ins SL2024-28 s 4\ndef parcel ins SL2024-28 s 4\ndef replacement tree ins SL2024-28 s 4\ndef replacement trees om SL2024-28 s 4\ndef units plan ins SL2024-28 s 4\ndef unit subsidy ins SL2024-28 s 4\nCanopy contribution agreements—on-site canopy contribution—Act,\ns 36 (5) (a)\ns 6 am SL2024-28 s 5, s 6; ss renum R2 LA\nCanopy contribution agreements—financial settlement—Act, s 36 (5) (b)\ns 7 am SL2024-28 ss 7-10\nCanopy contribution agreements—exemption considerations for home\nowners—Act, s 39 (3) (b)\ns 7A ins SL2024-28 s 11\n\nEndnotes\nEarlier republications 5\nR2\n10/09/24\nUrban Forest Regulation 2023\nEffective: 10/09/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict am SL2024-28 s 12\ndef canopy cover restoration period am SL2024-28 s 13\ndef common property ins SL2024-28 s 14\ndef home owner am SL2024-28 s 15\ndef owner ins SL2024-28 s 16\ndef owners corporation ins SL2024-28 s 16\ndef parcel ins SL2024-28 s 16\ndef replacement tree ins SL2024-28 s 16\ndef replacement trees om SL2024-28 s 17\ndef units plan ins SL2024-28 s 18\ndef unit subsidiary ins SL2024-28 s 18\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\nR1\n1 Jan 2024\n1 Jan 2024–\n9 Sept 2024\nnot amended new regulation\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This regulation, as amended by SL2024‑28, expands and operationalises the Urban Forest Act’s high‑level framework by prescribing detailed definitions, numeric parameters and formulas that were not set out in the earlier text. Key scope changes include:\n\n- Introduction of a specific “home owner” category with a fixed financial settlement ($1,200 per protected tree) and multiple, prescriptive reductions (s 5(1); s 7(1)(a)–(2)). This differentiates treatment between household lessees/owners and other applicants.\n- Addition of a concrete financial formula for other applicants ((AL − AG + RC) × ZM) and the power for the Minister to set component values and zone modifiers by disallowable instrument (s 7(1)(b); s 7(4)–(5)).\n- Prescription of minimum tree bond amounts and caps and the use of the same valuation formula for tree value, converting a general bond concept into a formulaic financial requirement (s 9).\n- Detailed procedural and evidentiary additions (required tree condition report; protection measures statement) and expanded decision criteria for bonds (ss 8, 10).\n\nIn short, the 2024 amendment moves the regulation from a largely regulatory framework toward operational detail that fixes payments, valuation methods and evidentiary requirements, thereby materially changing how applicants, owners corporations and decision‑makers must act and budget under the Act."},"complexity_factors":["Multiple distinct parts with cross-references to other Acts (Unit Titles Act 2001, Unit Titles (Management) Act 2011, Planning Act 2023)","At least 12 bespoke defined terms/signpost definitions in Part 2 and the Dictionary (e.g. home owner, canopy cover restoration period, replacement tree, financial settlement amount, common property, units plan, owners corporation)","Separate, conditional treatment for two applicant categories (home owner vs other applicant) with different formulas and concessions (ss 6–7)","Nested reductions and exceptions for home owners (multiple deduction steps and concession‑card reduction) (s 7(2))","Numeric formula for financial settlement and tree value (AL − AG + RC) combined with a zone modifier introduces multi‑variable computation (s 7(1)(b))","Ministerial determinations create additional, externally defined parameters (restoration period, minimum tree size, projected canopy area, amounts lost/gained, planting cost, zone modifier) made by disallowable instrument (ss 6(5)–(6), 7(4)–(5))","Tree bond rules include multi‑branch rules (registered tree vs other tree), minimums and caps (3× value), and reuse of the financial formula to compute value (s 9)","Special spatial rules for units plans that limit what land may be considered for feasibility and canopy percentage calculations (s 6(2), s 7(3), s 7A(3))","Decision‑maker obligations split into ‘must’ and ‘may’ lists with technical considerations (young tree replacement cost, compliance history, tree species, activity proximity) (s 10)"],"plain_english_summary":"**What this regulation does (mechanics)**\n\n- Prescribes how on-site canopy contributions and financial settlements work when a protected tree may be removed under the Urban Forest Act 2023. (See Part 2: ss 5–7, 7A.)\n- Defines who counts as a “home owner” for the purpose of concessions and special rules. (s 5(1).)\n- Sets the number and minimum size rules for replacement trees for on-site planting, and gives the Minister power to set the restoration period, minimum replacement size and projected canopy area by disallowable instrument (i.e. instruments that the Legislative Assembly may disallow). (s 6(1),(4)–(6).)\n- Fixes the financial settlement payable when on-site planting is not the chosen or feasible option:\n  - For a home owner, a prescriptive flat rate of $1,200 per protected tree approved for removal (s 7(1)(a)).\n  - For other applicants, a formula based on value lost from removal, value gained from planting, planting cost and a zone modifier: (AL − AG + RC) × ZM. (s 7(1)(b) and s 7(4) for parameters.)\n- Prescribes reductions to the home‑owner amount where the home owner undertakes planting, where canopy already covers at least 30% of the land, or where the home owner holds a Commonwealth concession card. (s 7(2).)\n- Prescribes the matters a decision‑maker must consider when assessing a home‑owner exemption (whether at least 30% canopy will remain and whether planting is feasible) and provides special rules for land in units plans (strata/unit title situations). (s 7A(2)–(3).)\n- Prescribes required documents to support a tree bond agreement (tree condition report and protection-measures statement). (s 8.)\n- Sets rules for tree bonds: minimums and caps (at least $3,000 or 3× tree value for registered trees; decision‑maker sets amounts for other trees within minimum and maximum bounds). It defines tree value using the same AL − AG + RC formula used in financial settlements. (s 9(1)–(3).)\n- Lists mandatory and discretionary factors a decision‑maker must take into account when setting a tree bond amount or bond period (e.g. replacement cost for young trees, applicant’s compliance history, tree condition, species, proximity to risky activities). (s 10.)\n\n**Who this affects**\n\n- Individuals and entities applying to remove a protected tree in the ACT (applicants for development approvals and lessees who apply under the Act). (Parts 2 and 3: ss 6–10.)\n- “Home owners” as specifically defined (lessees who have lived or intend to live on the land for 2+ years, and certain owners’ corporations for common property) receive different, generally lower, financial treatment than other applicants. (s 5(1); s 7.)\n- Owners corporations and unit owners are treated with special spatial rules when land is part of a units plan (affects feasibility and canopy-percentage calculations). (s 6(2), s 7(3), s 7A(3).)\n- Decision‑makers and the Minister: the regulation gives the Minister and decision‑makers a set of discretions (e.g. setting restoration periods, minimum sizes, zone modifiers) and prescribes criteria they must or may consider. (s 6(5)–(6); s 7(4)–(5); s 10.)\n\n**Why it matters (official purpose claims and practical effect)**\n\n- The regulation operationalises the Urban Forest Act’s canopy‑restoration and tree‑protection regime by prescribing formulas, monetary amounts and decision criteria. The stated functional purpose (implicit in the Act and regulation) is to ensure tree canopy loss from approved removals is compensated for by planting or payment that reflects canopy lost, canopy gained, and planting costs (see ss 6–7, 9). The Minister’s determinations allow calibration of timelines, tree sizes and monetary parameters.\n\n- Practical consequences and incentives:\n  - A clear, simple payment for many home owners ($1,200 per tree) lowers the compliance/payment burden for that class, and creates an incentive to plant replacements (which reduce the payable amount by $600 per replacement tree). (s 7(1)(a), s 7(2)(a)(i).)\n  - For non‑home owners, the payment is formulaic and depends on assessed monetary values and a zone modifier, so their costs will vary by tree value, planting costs and location (zone). (s 7(1)(b), s 7(4).)\n  - Tree bonds introduce a financial guarantee to protect trees during nearby works, with minimums and caps tied to the same loss/gain/planting cost formula. This creates an upfront cost and ongoing administrative process for applicants. (s 9.)\n\n**Costs, incentives, trade‑offs and implementation risks (concrete mechanisms)**\n\n- Who pays: applicants for tree removal (lessees, developers, owners corporations) pay either by planting replacement trees on‑site or by monetary settlement and by lodging tree bonds where required. (s 6–9.)\n- Concentrated benefits/diffuse costs: the regulation concentrates a defined lower payment and additional concessions on a specific group—home owners (s 5(1); s 7(1)(a); s 7(2)(a)(iii))—while leaving other applicants subject to a variable market‑linked formula (s 7(1)(b)). This structurally benefits that group, and shifts either higher payments or greater planting obligations onto others.\n- Discretion and administrative burden: the Minister may set many key parameters (restoration period, minimum tree size, projected canopy, values, planting costs, zone modifiers) by disallowable instrument (s 6(5)–(6); s 7(4)–(5)). Decision‑makers must apply both mandatory and permissive factors (s 10), requiring technical assessments (tree value, projected canopy, feasibility of planting), which increases workload for the regulator and creates potential for variation in outcomes.\n- Valuation and measurement risk: the formula AL − AG + RC relies on accurate estimation of “amount lost” and “amount gained” from canopy change and planting costs, and on projections at the end of the restoration period (s 7(1)(b); s 9(3)). Those are inherently uncertain, require expertise, and give scope to disputes about valuation methods.\n- Unit‑title complexity: for land that is part of a units plan, the regulation limits the land area a decision‑maker can treat as available for planting (owner’s unit or common property only) and allows canopy‑percentage calculations to look at the whole parcel for some purposes (s 6(2), s 7(3), s 7A(3)). This creates nuanced, potentially counterintuitive outcomes for strata schemes and owners corporations.\n- Compliance costs for applicants: prescribed documents for tree bonds (condition reports and protection‑measures statements) and the potential for significant bond amounts (minimum $3,000 or up to 3× tree value for registered trees) increase upfront compliance costs. (ss 8–9.)\n\n**Implementation and oversight features**\n\n- Many turning parameters are subject to Ministerial determination but are disallowable instruments (parliamentary oversight is possible). (s 6(6); s 7(5).)\n- Decision‑makers must record and apply mandatory factors and may apply discretionary factors when setting bond amounts and periods, which should be documented to support consistency. (s 10.)\n\n(References in parentheses are to sections of the Urban Forest Regulation 2023.)"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears to be operating within its original intended scope. It implements the detailed administrative and financial mechanisms contemplated by the parent Urban Forest Act 2023. The 2024 amendments (SL2024-28) refined definitions and added specific considerations for home owners and unit title properties, but these represent clarifications and operational details rather than scope expansion. The regulation remains focused on canopy contributions and tree bonds as originally envisaged."},"complexity_factors":["Multiple calculation methods: Different formulas for home owners vs commercial applicants (flat fee vs algebraic formula with zone modifiers)","Cross-referencing: Heavy reliance on defined terms from the parent Act (Urban Forest Act 2023) and other ACT laws including Unit Titles Act 2001, Planning Act 2023, and Commonwealth social security legislation","Nested conditions: Section 7 contains multiple layers of discounts and exemptions (concession card reductions applied after other calculations)","Spatial complexity: Different rules apply depending on whether land is a standard block, unit, or common property, with restrictions on where trees can be planted","Delegated legislation: Ministerial determinations required for key variables (canopy restoration periods, tree values, zone modifiers) that aren't set in the regulation itself","Unit title complexity: Special definitions and rules for owners corporations, common property, and unit subsidiaries create additional layers for strata-titled land"],"plain_english_summary":"This regulation implements the Urban Forest Act’s practical rules for removing and protecting Canberra’s trees through canopy contribution agreements (pay or plant replacements) and tree bonds (financial guarantees against construction damage). It affects homeowners—who pay a flat $1,200 per removed tree with discounts for planting, good existing canopy or concession cards—developers, who use a formula-based payment, and unit owners/bodies corporate with planting-location limits. It balances development needs with preserving Canberra’s urban forest and safeguards trees during building work."}},"importantCases":[],"_links":{"self":"/api/acts/urban-forest-regulation-2023","history":"/api/acts/urban-forest-regulation-2023/history","analysis":"/api/acts/urban-forest-regulation-2023/analysis","conflicts":"/api/acts/urban-forest-regulation-2023/conflicts","importantCases":"/api/acts/urban-forest-regulation-2023/important-cases","documents":"/api/acts/urban-forest-regulation-2023/documents"}}