Urban Forest Act 2023

1 Name of Act This Act is the Urban Forest Act 2023.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘future urban area—see the Planning Act 2023, dictionary.’ means that the term ‘future urban area’ is defined in the dictionary of that Act, and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Objects of Act The objects of this Act are— (a) to support a resilient and sustainable urban forest that contributes to community wellbeing in a changing climate; and (b) to protect and enhance the urban forest by recognising its value, including its cultural and heritage value; and (c) to contribute to biodiversity in urban areas; and (d) to support a target of the tree canopy covering 30% of the Territory’s urban areas.

7 Meaning of urban forest urban forest means the trees located on land in— (a) built-up urban areas; and (b) future urban areas; and (c) any area that is the subject of a subdivision design application. Note An area of land ceases to be in a future urban area if the territory plan is amended because of the approval of a subdivision design application for the land (see Planning Act 2023, s 44 (2)).

Objects and important concepts Part 2

8 Meaning of built-up urban area built-up urban area— (a) means an area in any of the following zones identified in the territory plan: (i) residential zone (RZ); (ii) commercial zone (CZ); (iii) community facility zone (CFZ); (iv) industrial zone (IZ); (v) urban open space zone (PRZ1); and (b) includes an area that is a verge of a road, and the road is in or adjacent to a zone mentioned in paragraph (a); but (c) does not include the following areas: (i) a reserve; (ii) an area in the hills, ridges and buffer zone (NUZ3); (iii) a rural lease. (2) Despite the definition of built-up urban area, paragraph (c), the Minister may declare an area mentioned in paragraph (c) to be a built-up urban area. (3) A declaration is a notifiable instrument. reserve—see the Nature Conservation Act 2014, section 169. rural lease—see the Planning Act 2023, section 256.

9 Meaning of protected tree protected tree means— (a) each of the following trees located on land in built-up urban areas: (i) a registered tree; (ii) a regulated tree; (iii) a tree on public unleased land (a public tree); and (b) a registered tree or a remnant tree located on land in— (i) a future urban area; or (ii) an area that is the subject of a subdivision design

10 Meaning of registered tree registered tree means a tree that is registered or provisionally registered under part 4 (Registration of trees).

11 Meaning of regulated tree regulated tree means— (a) a living tree on leased land that— (i) is at least 8m high; or (ii) has a canopy at least 8m wide; or (iii) has 1 trunk that, 1.4m above natural ground level, has— (A) a circumference of at least 1m; or

Objects and important concepts Part 2 (B) a diameter of at least 318mm; or (iv) has 2 or more trunks and, 1.4m above natural ground level, the average circumference of the trunks is at least 625mm, and— (A) the sum of the circumferences of each trunk is at least 1m; or (B) the sum of the diameters of each trunk is at least 318mm; or (v) regardless of the size of the tree—has been planted for not more than 5 years— (A) under a canopy contribution agreement; or (B) in accordance with a tree protection condition of a development approval; or (b) a dead native tree on leased land that, 1.4m above natural ground level, has a trunk with— (i) a circumference of at least 1.88m; or (ii) a diameter of at least 600mm. (2) However, a tree is not a regulated tree if it is— (a) a declared pest; or (b) a registered tree. circumference of a trunk— (a) includes bark that is intact but does not include vines; and (b) is measured using a measuring tape wrapped around the tree meeting at 2 points. declared pest—see the Biosecurity Act 2023, section 11 (2).

native plant—see the Nature Conservation Act 2014, section 14. native tree means a tree that is— (a) a native plant; and (b) at least 2m high.

12 Meaning of remnant tree remnant tree means a native tree that is a remnant of, or has regenerated from, the original vegetation that existed on the land where the tree is located. Eucalyptus blakelyi, Eucalyptus mannifera, Eucalyptus rossii, Eucalyptus macrorhyncha, Eucalyptus melliodora, Eucalyptus polyanthemos, Eucalyptus albens, Eucalyptus dives, Eucalyptus bridgesiana

13 Meaning of protection zone for protected tree (1) For this Act, the protection zone for a protected tree is— (a) the area under the canopy of the tree; and (b) the 2m wide area surrounding the vertical projection of the canopy; and (c) the 4m wide area surrounding the trunk as measured at 1m above natural ground level. (2) However, if another protection zone is defined in a tree management plan in force for the protected tree, that protection zone is the protection zone for the tree.

Definitions Division 3.1

14 Meaning of damage damage a protected tree includes the following: (a) kill or destroy the tree; (b) poison the tree; (c) ringbark the tree (whether partially or completely); (d) fell or remove the tree; (e) remove a hollow from the tree; (f) minor damage or anything else done to or in relation to the tree that— (i) is likely to cause it to die; or (ii) significantly reduces its life expectancy; or (iii) significantly and adversely affects its health, stability or general appearance. 1 damage a protected tree’s trunk or canopy by means of a machine 2 damage a protected tree’s root system by cutting or ripping its roots or compacting the soil 3 deface a protected tree by attaching items, such as nails or wire, to the tree or graffitiing the tree 4 contaminate soil around a protected tree by spilling chemicals or washing down construction products, such as cement, around the tree

(2) However, damage does not include— (a) minor pruning of a regulated tree; or (b) any cultural heritage practice undertaken in relation to a protected tree. Example—par (b) scarring or similarly modifying a tree hollow means a cavity in the trunk or branch of a tree. major pruning, of a tree, means pruning other than lopping, pollarding or minor pruning. minor damage, to a tree, means— (a) removing, cutting or breaking a branch of the tree; or (b) cutting branches or stems of the tree between branch unions (lopping); or (c) removing branches of the tree to a previously pruned or lopped point (pollarding); or (d) major pruning of the tree; or (e) defacing the tree. minor pruning, of a tree, means pruning that— (a) only involves removing deadwood; or (b) does not involve removing any limbs that have a diameter greater than 100mm; or (c) does not adversely affect the general appearance of the tree; or

Definitions Division 3.1 (d) for the first pruning of the tree in the calendar year—affects less than 10% of the canopy and does not alter the overall shape of the canopy; or (e) for a fruit tree—is done for fruit production.

15 Meaning of prohibited groundwork (1) For this Act, a person does prohibited groundwork in the protection zone for a protected tree if the person— (a) contaminates the soil in the protection zone with something that is poisonous to trees; or (b) damages the tree’s root system in the protection zone; or (c) engages in conduct that would compact the soil in at least 10% of the protection zone; or (d) excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (e) raises the soil level by more than 100mm above the natural ground level over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (f) does anything else prescribed by regulation that— (i) is likely to cause the tree to die; or (ii) significantly reduces the tree’s life expectancy; or (iii) significantly and adversely affects the tree’s health, stability or general appearance. Examples—par (b)—damages protected tree’s root system 1 cuts or rips a protected tree’s root system, whether by machine or otherwise 2 reduces the permeable surface around a protected tree 3 compacts or contaminates the soil around a protected tree

Examples—par (c)—conduct that would compact soil 1 park a heavy vehicle on the soil in a protected tree’s protection zone 2 install a concrete slab or non-permeable pavers over a protected tree’s protection zone 3 store heavy materials in a protected tree’s protection zone 4 use a compaction machine on the soil in a protected tree’s protection zone 5 place a shipping container in a protected tree’s protection zone Examples—pars (d) and (e)—cultivation for horticultural purposes 1 preparing garden beds for planting 2 planting trees and shrubs (2) For this Act, a person does prohibited groundwork in a declared site if the person— (a) excavates to a depth greater than 100mm over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (b) raises the soil level by more than 100mm above the natural ground level over an area 4m² or larger, other than in cultivating the soil for horticultural purposes; or (c) does anything else prescribed by regulation. Examples—pars (a) and (b)—cultivation for horticultural purposes 1 preparing garden beds for planting 2 planting trees and shrubs

Subdivision 3.2.1 Prohibited activities—offences

16 Offences—damaging protected trees (b) the person intends to damage the protected tree. Maximum penalty: 500 penalty units. (2) A person commits an offence if— (b) the person is reckless about whether engaging in the conduct would damage the protected tree. Maximum penalty: 300 penalty units. (3) A person commits an offence if— (a) the person engages in conduct; and (b) the person is reckless about whether engaging in the conduct would damage a protected tree. (4) A person commits an offence if— (b) the person is negligent about whether engaging in the conduct would damage the protected tree.

(5) A person commits an offence if the person engages in conduct that damages, or is likely to damage, a protected tree. (6) For subsections (1), (2), (3) and (4), strict liability applies to the circumstance that the tree is a protected tree. (7) An offence against subsection (5) is a strict liability offence.

17 Offences—doing prohibited groundwork (c) the person has intention in relation to the circumstance mentioned in paragraph (b). Maximum penalty: 300 penalty units. (2) A person commits an offence if— (c) the person is reckless in relation to the circumstance mentioned in paragraph (b). Maximum penalty: 200 penalty units.

(3) A person commits an offence if— (c) the person is negligent in relation to the circumstance mentioned in paragraph (b). (4) A person commits an offence if the person does prohibited groundwork in— (a) the protection zone for a protected tree; or (b) a declared site. (5) An offence against subsection (4) is a strict liability offence. Subdivision 3.2.2 Prohibited activities—exceptions

18 Exceptions—tree damaging and prohibited groundwork offences (1) Sections 16 and 17 do not apply to the following: (a) anything done in relation to a protected tree, other than a registered tree or a remnant tree, as part of civil infrastructure works on unleased territory land or national land; (b) an activity carried out by an administrative unit authorised by the Minister under section 19; (c) an activity approved under section 28 or section 32 that is done in accordance with the conditions (if any) of the approval (whether or not done by the applicant for the approval);

(d) anything done in accordance with— (i) a tree management plan; or (ii) a tree protection direction; or (iii) a tree reparation direction; or (iv) a tree protection condition of a development approval; or (v) the Biosecurity Act 2023; (e) anything done in relation to a regulated tree under— (i) a plant pruning direction under the Public Unleased Land Act 2013, section 31 (Direction to prune tree etc overhanging public unleased land); or (ii) a plant removal direction under the Public Unleased Land Act 2013, section 34 (Direction to remove tree etc endangering public on public unleased land); (f) anything done in relation to a public tree or a regulated tree under— (i) any of the following provisions of the Utilities Act 2000: (A) section 105 (Installation of network facilities); (B) section 106 (Maintenance of network facilities); (C) section 231 (Installation of territory network facilities); (D) section 232 (Maintenance of territory network facilities); or (ii) a territory network protection notice given under the Utilities Act 2000, section 249; (iii) a network protection notice given under the Utilities (Technical Regulation) Act 2014, section 32; or

(iv) any of the following provisions of the Utilities (Technical Regulation) Act 2014: (A) section 41D (Clearance from aerial lines— vegetation); (B) section 41H (Maintenance of electrical infrastructure within network boundary—powers); (C) section 41I (Inspection of electrical infrastructure outside network boundary); (g) anything done in relation to a registered tree or a remnant tree under any of the following provisions for protecting life or property if it is not practicable, because of the urgency of the situation, to obtain an approval under section 32: (i) either of the following provisions of the Utilities Act 2000: (A) section 106 (Maintenance of network facilities); (B) section 232 (Maintenance of territory network facilities); (ii) any of the following provisions of the Utilities (Technical Regulation) Act 2014: (A) section 41D (Clearance from aerial lines— vegetation); (B) section 41H (Maintenance of electrical infrastructure within network boundary—powers); (C) section 41I (Inspection of electrical infrastructure outside network boundary); (h) anything done in the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of— (i) protecting life or property; or

(ii) controlling, extinguishing or preventing the spread of a fire. Note Despite the exceptions mentioned in s (1), a tree may still be protected under the Heritage Act 2004 if the tree is a heritage tree (see dict, def heritage tree). (2) In this section: emergency controller—see the Emergencies Act 2004, dictionary. relevant person means any of the following: (a) an emergency controller; (b) a member of the ambulance service; (c) a member of the fire and rescue service; (d) a member of the rural fire service; (e) a member of the SES; (f) any other person under the control of— (i) an emergency controller; or (ii) the chief officer (ambulance service); or (iii) the chief officer (fire and rescue service); or (iv) the chief officer (rural fire service); or (v) the chief officer (SES); (g) a police officer. remnant tree means a remnant tree located on land outside the built-up urban area.

19 Authorisation to carry out prohibited activities (1) The Minister may authorise an administrative unit to carry out an activity that would or may— (2) The authorisation must state— (a) the activity that the administrative unit may carry out; and (b) any conditions of the authorisation. (3) An authorisation is a disallowable instrument. Subdivision 3.3.1 Approved activities—general

20 Criteria for approval of activities (1) The Minister may determine criteria (the approval criteria) for approving an activity that would or may—

21 Application for approval of tree damaging etc activity (1) A person may apply, in writing, to the decision-maker in relation to a protected tree for approval to carry out an activity on land that would or may— (a) damage the protected tree; or Note A tree may be protected under the Heritage Act 2004 if the tree is a heritage tree (see dict, def heritage tree). (2) The application must include— (a) if the protected tree is on the applicant’s land—written evidence that the applicant is the lessee of the land; or (b) if the protected tree is on leased land other than the applicant’s land—written evidence, signed by the lessee of the land, that the lessee agrees to— (i) the application being made; and (ii) the activity to be carried out; or (c) if the protected tree is on the common property in a units plan— written evidence, executed by the owners corporation for the units plan, that the owners corporation agrees to— (i) the application being made; and (ii) the activity to be carried out. applicant’s land means the land for which the applicant is the lessee. common property—see the Unit Titles Act 2001, section 13.

execute, a document by an owners corporation, means executed in a way mentioned in the Unit Titles (Management) Act 2011, section 9A. owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary. units plan—see the Unit Titles Act 2001, dictionary.

22 Approval application—more information (1) The decision-maker for an application under section 21 may, by written notice given to the applicant, require the applicant to give the decision-maker more information or a document that the decision-maker reasonably needs to decide the application, within the time stated in the notice. (2) If the applicant fails to comply with the requirement within the time stated in the notice, the decision-maker may refuse to consider the application further.

23 Approval application—assessment of tree The decision-maker for an application under section 21 must, after receiving the application, assess the tree to which the application relates. Examples—assessing tree Assessing a tree may include assessing any of the following: • the health, condition and structure of the tree; • the ecological significance of the tree; • the tree’s location, including the tree’s proximity to infrastructure, services and construction activity; • whether the tree is a protected tree; • whether the tree satisfies the approval criteria.

24 Approval application—advisory panel advice The conservator may ask the advisory panel for advice in relation to an application under section 21.

25 Approval application—referral to other entities (1) The decision-maker for an application under section 21 must, after assessing a tree to which the application relates, give a copy of the application to the following: (a) if the application relates to a heritage tree—the heritage council; (b) if the application relates to an Aboriginal cultural tree—the (2) However, the decision-maker is not required to give a copy of the application to an entity mentioned in subsection (1) if the decision-maker is satisfied— (a) that— (i) the applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and (ii) the entity agrees in writing to the activity proposed in the (b) if the entity is the heritage council—that the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171. (3) A written agreement to an activity mentioned in subsection (2) (a) (ii) is taken to be advice on the application received in accordance with section 26.

26 Approval application—time for referral entity to give If an application under section 21 is given to an entity under section 25, the entity must give the decision-maker the entity’s advice on the application not later than— (a) 15 working days after the day the decision-maker gives the application to the entity; or (b) if a regulation prescribes a shorter period—the end of the shorter period.

27 Approval application—effect of no response by heritage council If the heritage council does not give advice in accordance with section 26 on an application given to it, the council is taken to have given advice that it supports the application.

28 Approval application—decision (1) Within 35 working days after the day the decision-maker for an application under section 21 receives the application, the decision-maker must decide whether to approve the activity to which it relates. (2) In working out the 35-working day period, any period when a requirement under section 22 (1) was not complied with is disregarded. (3) However, the decision-maker may, by written notice given to the applicant, extend the period for deciding an application for a stated period if, while the decision-maker is considering the application— (a) the tree to which the application relates is damaged; and

(b) the decision-maker is reasonably satisfied that additional time is needed to investigate the circumstances that led to the tree’s damage. (4) In making a decision on the application, the decision-maker must take into account the following: (a) the approval criteria; (b) the advice (if any) of the advisory panel; (c) the advice (if any) of an entity to which the application was given under section 25; (d) anything else the decision-maker considers relevant. (5) An approval may be given subject to conditions stated in the approval. (6) This section is subject to section 35 (Decision on approval application—canopy contribution agreements). Note Under s 35, if the decision-maker approves the removal of a protected tree under this section, the applicant must enter into a canopy contribution agreement with the decision-maker in relation to the tree’s removal.

29 Approval application—notice of decision (1) If the decision-maker for an application under section 21 relating to a declared site approves the application, the decision-maker must give written notice of the decision to the following: (b) the lessee of, or custodian for, the land where the site is located; (c) the territory planning authority.

(2) If the decision-maker approves any other application made under section 21, the decision-maker must give written notice of the decision to the following: (c) the lessee of, or custodian for, the land where the activity is to be carried out; (d) the occupier of land that— (e) if the application relates to a heritage tree—the heritage council; (f) if the application relates to an Aboriginal cultural tree—the (3) However, the decision-maker need not give more than 1 notice to a (4) The decision-maker may give written notice of the decision to anyone

30 Operation of approval (1) Subject to section 133 (Applications for internal review), an approval of an application under section 21 takes effect on the date stated in the notice of decision. (2) The date stated in the notice must be at least 14 working days after the day the notice is given to the applicant. (3) Unless cancelled sooner, the approval remains in force for the period stated in the approval.

(4) The decision-maker may, in writing, extend the approval for a stated period if satisfied that the approved activity still satisfies the approval criteria. (5) The approval may be extended under subsection (4) even if it has already ended.

31 Cancellation of approval (1) The decision-maker may cancel an approval of an application under section 21 if satisfied that the approved activity does not satisfy, or no longer satisfies, the approval criteria. (2) For an approval in relation to a declared site, the decision-maker must give notice of the cancellation to the following: (b) the lessee of, or custodian for, the land where the site is located; (c) the territory planning authority. (3) For any other approval, the decision-maker must give notice of the cancellation to the following: (c) the lessee of, or custodian for, the land where the activity was approved to be carried out; (d) the occupier of land that— (e) if the application relates to a heritage tree—the heritage council; (f) if the application relates to an Aboriginal cultural tree—the

(4) However, the decision-maker need not give more than 1 notice to a (5) Notice may be given orally or in writing. (6) However, if notice is given orally, the decision-maker must give written notice as soon as practicable after the oral notice is given. (7) For subsections (2) (a) and (3) (a), it is sufficient if the decision-maker sends the notice to the applicant at the address last given to the decision-maker by the applicant. (8) The decision-maker may give notice of the cancellation to anyone (9) Subject to section 133 (Applications for internal review), the cancellation takes effect on the date stated in the written notice of cancellation. (10) The date stated in the written notice must be at least 7 working days after the day the notice is given to the applicant.

32 Approval in urgent circumstances or for minor works (1) A person may apply to the decision-maker in relation to a protected tree for approval for an activity that would or may— (a) damage the protected tree; or (i) the protection zone for the protected tree; or (2) The application may be made orally or in writing. (3) However, if the application is made orally, the applicant must make a written application as soon as practicable after the oral application is made.

(4) The decision-maker may approve the activity if satisfied that— (a) the circumstances require the application to be considered urgently; and (b) the activity is necessary to protect the health or safety of people or animals, or public or private property. (5) The decision-maker may also approve an activity that is, or may be, major pruning or prohibited groundwork in the protection zone for a protected tree if the decision-maker is satisfied the activity will have little or no adverse impact on the health or stability of the tree. (6) The decision-maker must give notice of a decision on the application to the applicant as soon as practicable after making the decision. (7) The notice may be given orally or in writing but the decision-maker must make a written record of any notice given orally as soon as practicable after giving it. (8) The approval may be given subject to conditions stated in the approval. (9) If the application relates to a heritage tree, the decision-maker must give written notice of the approval to the heritage council. (10) Unless cancelled sooner, the approval has effect for the period stated in the approval. (11) In this section: major pruning—see section 14 (3).

33 Offence—contravene condition of approval (1) A person commits an offence if the person contravenes a condition of an approval given to the person under section 28 or section 32. (2) An offence against this section is a strict liability offence.

Subdivision 3.3.2 Approved activities—canopy contributions

34 Definitions—sdiv 3.3.2 In this subdivision: canopy contribution means an action taken under a canopy contribution agreement to counterbalance the loss of canopy coverage as a result of the removal of a protected tree from the urban forest. decision-maker, in relation to a protected tree that is proposed to be removed in accordance with a development approval, means the territory planning authority. financial settlement, in relation to a canopy contribution agreement—see section 36 (2) (b). on-site canopy contribution, in relation to a canopy contribution agreement—see section 36 (2) (a).

35 Decision on approval application—canopy contribution agreements (a) a person applies for approval to remove a protected tree under section 21 (1) (a); and (b) the decision-maker in relation to the protected tree approves the removal of the tree under section 28. (2) This section also applies if— (a) a person applies under the Planning Act 2023, chapter 7 (Development assessment and approvals) for approval of a development that proposes to remove a protected tree; and

(b) the territory planning authority approves the development proposal in accordance with the Planning Act 2023. Note For a simplified outline of this Act, pt 6 (Development applications— conservator’s advice) and the Planning Act 2023, ch 7 (Development assessment and approvals), see s 106. (3) The applicant must enter into an agreement (a canopy contribution agreement) with the decision-maker in relation to the tree’s removal. Note The decision-maker in relation to a protected tree that is proposed to be removed in accordance with a development approval is the territory planning authority. (4) However, the applicant need not enter into a canopy contribution agreement if— (a) the decision-maker is satisfied that— (i) the tree to which the application relates is planted in a group of trees and removal of the tree would benefit the health of the other trees in the group; or (ii) the circumstances of the application require the tree to be removed urgently to protect the health or safety of people or animals, or public or private property; or (b) the approval relates to a public tree and an administrative unit has— (i) approved the removal of the tree at the applicant’s cost; and (ii) stated, in writing, that the tree would be removed by the administrative unit as part of an activity authorised under section 19; or (c) the tree to which the approval relates is dead; or

(d) the tree to which the approval relates is subject to advice given to the conservator by the heritage council or a representative Aboriginal organisation under the Heritage Act 2004, part 10A (Tree damaging activity etc). Note An applicant may also apply to the decision-maker for an exemption from the requirement to enter into a canopy contribution agreement (see s 39).

36 Canopy contribution agreements—conditions (1) This section applies if a decision-maker enters into a canopy contribution agreement with an applicant under section 35 in relation to a protected tree. (2) The canopy contribution agreement must state that it is subject to either or both of the following conditions, as decided by the decision-maker: (a) the applicant must make a contribution (an on-site canopy contribution) to the tree canopy on the land where the protected tree is located; (b) the applicant must pay an amount (a financial settlement) to the Territory. (3) If the canopy contribution agreement is subject to a condition that the applicant make an on-site canopy contribution— (a) the agreement must state how many trees are to be planted on the land; and (b) the on-site canopy contribution must comply with any requirements prescribed by regulation. (4) If the canopy contribution agreement is subject to a condition that the applicant pay a financial settlement— (a) the agreement must state the amount of the financial settlement to be paid; and

(b) the decision-maker must take into account any matter prescribed by regulation in deciding the amount. (5) A regulation may prescribe the following, or how to work out the (a) for an on-site canopy contribution—the number of trees, and the size of the trees, to be planted on land; and (b) for a financial settlement—the amount to be paid.

37 Canopy contribution agreements—amendment (1) A person who enters into a canopy contribution agreement with a decision-maker in relation to a protected tree may, not later than 15 working days after the day the agreement is entered into, apply to the decision-maker to amend a condition of the agreement to change— (a) the number of trees the person must plant on the person’s land; or (b) the amount of financial settlement payable by the person under the agreement. (2) The decision-maker must, not later than 15 working days after the day the decision-maker receives an application for amendment— (a) decide whether to amend the condition; and (b) tell the person about the decision; and (c) if the decision is not to amend the condition—give reasons for the decision.

38 Canopy contribution agreements—payment management plans (1) If a person enters into a canopy contribution agreement with a decision-maker that is subject to a condition that the person pay a financial settlement, the person may apply, in writing, to the decision-maker to enter into an arrangement (a payment management plan) to pay the financial settlement by instalments. (2) On application under subsection (1), the decision-maker must— (a) approve the application; or (b) refuse the application. (3) The decision-maker must, within a reasonable period, give the applicant written notice of— (a) a decision under subsection (2); and (b) for a decision under subsection (2) (a)—the period of the payment management plan and the amount of each instalment; and (c) for a decision under subsection (2) (b)—the reasons for the (4) A regulation may prescribe— (a) the information that must be included in the application; and (b) matters the decision-maker must take into account when considering the application.

39 Canopy contribution agreements—exemption (1) An applicant under section 21 may apply to the decision-maker for an exemption from the requirement to enter into a canopy contribution agreement.

(2) The decision-maker must, as soon as practicable after receiving an application under subsection (1), decide whether to exempt the applicant from the requirement to enter into a canopy contribution (3) In deciding whether to exempt the applicant, the decision-maker must consider— (a) whether the applicant is disadvantaged by any social or financial hardship; and (b) any matters prescribed by regulation.

40 Canopy contribution agreements—use of financial settlement amounts An amount paid under a financial settlement must be used for 1 or more of the following purposes: (a) tree planting; (b) tree care and maintenance; (c) removal of trees for new plantings; (d) engaging or educating the community about protecting trees; (e) supporting the urban forest ecosystem; Examples—par (e) 1 undertaking plantings and developing programs to support biodiversity 2 controlling erosion through nature corridor planting 3 removing pest plants (f) administering or managing canopy contribution agreements or tree bond agreements.

41 Canopy contribution agreements—annual reporting A report prepared by the director-general under the Annual Reports (Government Agencies) Act 2004 for a financial year must include— (a) the total amount paid under financial settlements for the year; and (b) the total amount used for a purpose mentioned in section 40 for the year; and (c) the total number of trees, and the location of each tree, agreed to be planted under any on-site canopy contributions for the year; and (d) the total number of trees, and the location of each tree, approved for removal under canopy contribution agreements for the year; and (e) the total number of exemptions from the requirement to enter into a canopy contribution agreement, and the reason for each exemption, given under section 39 for the year; and (f) any other information prescribed by regulation.

42 Offence—contravene canopy contribution agreement A person commits an offence if the person engages in conduct that contravenes, or is likely to contravene, a canopy contribution

Subdivision 3.4.1 Tree protection directions

43 Criteria for tree protection directions (1) The conservator may determine criteria for the giving of tree protection directions. (2) A determination is a notifiable instrument.

44 Tree protection directions (1) A decision-maker in relation to a protected tree may give a direction (a tree protection direction) to do or not do something to protect the protected tree to— (a) the lessee or occupier of the land where the tree is located; or (b) anyone carrying out an activity that may affect the tree. Example to erect a fence around a tree (2) A tree protection direction must be given in accordance with any criteria determined under section 43. (3) A tree protection direction may be given orally or in writing. (4) However, if the direction is given orally, the decision-maker must give the direction in writing as soon as practicable and not later than 7 days after the oral direction is given. (5) The written direction must state the period for which it is in force.

protected tree includes a tree that has been nominated for registration under section 54, if the conservator has not— (a) decided whether to provisionally register the tree under section 55; or (b) refused to consider the nomination under section 54.

45 Tree protection directions—service (1) A written tree protection direction may be given to the lessee or occupier of the land where a protected tree is located by leaving it, secured conspicuously, on or at the land. (2) A written tree protection direction may be given to anyone carrying out an activity that may affect a protected tree by leaving it, secured conspicuously, at the place where the activity is being carried out.

46 Offence—fail to comply with tree protection direction (1) A person commits an offence if the person intentionally, recklessly or negligently fails to comply with a tree protection direction. failing to comply with the direction.

47 Contravention of tree protection direction—action by authorised person (1) This section applies if a person fails to comply with a tree protection direction requiring the person to do something in relation to a protected tree.

(2) An authorised person, or anyone else authorised by the decision-maker for the protected tree for this section, may enter the land where the tree is located and— (a) do the thing stated in the direction; or (b) do or finish any work stated in the direction. (3) The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given. (4) The decision-maker must give written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin to— (a) the person given the tree protection direction; and (b) the lessee or occupier of the land where the tree is located. (5) The decision-maker may give written notice of the proposed action to anyone else the decision-maker considers appropriate. (6) The notice must include the following: (a) a statement about the operation of this section; (b) the purpose and nature of the proposed action; (c) the time or times when the action is proposed to be taken; (d) a statement about the obligations of the authorised person and the Territory under subsection (8). (7) A person may waive the right to all or part of the minimum period of notice under subsection (4).

(8) Section 129 (Damage etc to be minimised) and section 130 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if— (a) it were the exercise of a function under part 7 (Enforcement) by an authorised person or a person assisting an authorised person; and (b) any changes prescribed by regulation, and all other necessary changes, were made. Subdivision 3.4.2 Tree reparation directions

48 Tree reparation directions (a) a person causes damage to a protected tree; and (b) the damage is not authorised under an approval under this Act or another territory law. Examples—approvals that may authorise damage 1 an approval given to the person under s 28 or s 32 2 a tree management plan 3 a tree protection direction 4 a tree protection condition of a development approval 5 an emergency declaration, control declaration or biosecurity direction under the Biosecurity Act 2023 6 a public unleased land permit (2) An authorised person may direct (a tree reparation direction) the person to— (a) repair the damage; or (b) if the tree is beyond repair—remove or replace the tree.

(3) A tree reparation direction must— (b) identify the protected tree to which the direction relates; and (c) describe the damage to the tree; and (d) state the thing required to be done; and (e) state the period for compliance with the direction.

49 Offence—fail to comply with tree reparation direction (a) an authorised person gives the person a tree reparation direction; and (b) the person fails to comply with the direction. failing to comply with the direction. (3) An offence against this section is a strict liability offence.

50 Repair of damage etc by Territory (a) an authorised person gives a person a tree reparation direction; and (b) the person fails to comply with the direction.

(2) The authorised person, or anyone else authorised by the decision-maker for the protected tree for this section, may— (a) enter the land where the tree is located; and (b) do the thing required to be done under the direction. (3) The reasonable costs incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (4) The authorised person, or anyone else authorised by the decision-maker for this section, must give written notice of the action proposed under subsection (2) at least 1 working day before the day the action is to begin to— (a) the person given the tree reparation direction; and (b) the lessee or occupier of the land where the tree is located. (5) The authorised person, or anyone else authorised by the decision-maker for this section, may give written notice of the proposed action to anyone else considered appropriate. (6) The notice must include the following: (a) a statement about the operation of this section; (b) the purpose and nature of the proposed action; (c) the time or times when the action is proposed to be taken; (d) a statement about the obligations of the authorised person and the Territory under subsection (8). (7) A person may waive the right to all or part of the minimum period of notice under subsection (4).

(8) Section 129 (Damage etc to be minimised) and section 130 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if— (a) it were the exercise of a function under part 7 (Enforcement) by an authorised person or a person assisting an authorised person; and (b) any changes prescribed by regulation, and all other necessary changes, were made.

Preliminary Division 4.1

Division 4.1 Preliminary

51 Definitions—pt 4 cancellation criteria—see section 52 (1) (b). provisional registration period—see section 58 (1). registration criteria—see section 52 (1) (a). restricted information means information restricted under section 74 (Restricted information—Aboriginal cultural trees). site declaration—see section 69 (2).

52 Criteria for registration and cancellation of registration (1) The Minister may determine— (a) criteria (the registration criteria) for the registration of a tree; and (b) criteria (the cancellation criteria) for the cancellation of a tree’s

53 Tree register (1) The conservator must keep a register of trees (the tree register). (2) The tree register must include the following: (a) for each provisionally registered tree— (i) everything required to be entered in the register under section 57 (2); and (ii) the tree management plan (if any) for the tree; (b) for each registered tree— (i) everything required to be entered in the register under section 62 (2); and (ii) the tree management plan (if any) for the tree; (c) for each declared site— (i) a description of the area that is the declared site; and (ii) the date the site declaration was made; (d) the following information about any activity in relation to a provisionally registered or registered tree, or a declared site, for which an approval under division 3.3 (Approved activities) is in force: (i) the approved activity; (ii) any conditions to which the approval is subject; (iii) the period of the approval; (e) any changes to the information in the register that are necessary to keep the register up-to-date. (3) The tree register may also include any other information the conservator considers relevant.

(4) The conservator may correct a mistake or omission in the tree register subject to any requirement prescribed by regulation. (5) If anything required to be entered in the tree register in relation to a tree is restricted information, the conservator must include a statement in the register to that effect. registered tree does not include a provisionally registered tree.

54 Nomination for registration (1) Anyone (including the conservator) may nominate a tree for (2) A nomination must be— (a) in writing; and (b) given to the conservator. (3) The conservator may refuse to consider a nomination if satisfied the nomination is frivolous or vexatious.

55 Provisional registration—decision (1) Within 6 months after the day the conservator receives a nomination for a tree, the conservator must decide whether to provisionally register the tree. Note Under s 57, the conservator is required to provisionally register Aboriginal cultural trees. (2) The conservator may, by written notice given to the nominator, require the nominator to give the conservator more information or a document that the conservator reasonably needs to decide whether to provisionally register the tree.

(3) If the nominator fails to comply with a requirement under subsection (2), the conservator may refuse to consider the nomination further. (4) If the conservator requires a nominator to give more information, the conservator may, by written notice given to the nominator, extend the 6-month period mentioned in subsection (1) by a stated period. (5) The conservator may provisionally register a tree only if the conservator is satisfied the tree satisfies the registration criteria.

56 Provisional registration—notice of decision section 55 to— (a) the person who nominated the tree for registration; and (b) if the conservator decides to provisionally register the tree— (i) the lessee of, or custodian for, the land that includes all or part of the protection zone for the tree; and (ii) for a heritage tree—the heritage council. (4) The conservator must also give public notice of a decision. (5) A notice under this section must include— (a) enough information to allow the tree to be identified; and (b) a statement to the effect that any comments on the tree’s proposed registration may be given to the conservator on or before the closing date stated in the notice.

(6) The closing date must be at least 21 working days after the day public notice is given under subsection (4).

57 Provisional registration (1) This section applies to a tree if— (a) it is an Aboriginal cultural tree; or (b) for a tree other than an Aboriginal cultural tree—the conservator decides to provisionally register the tree. (2) The conservator must provisionally register the tree by entering the following information in the tree register: (a) enough information to allow the tree to be identified; Note Information about the location or nature of an Aboriginal cultural tree is restricted information unless the conservator declares in writing that it is not (see s 74). (b) if practicable, the tree’s botanical name and any relevant horticultural information; (c) a description of the protection zone for the tree; (d) an indication that the registration is provisional; (e) the period of the provisional registration. (3) The conservator must give written notice of provisional registration of an Aboriginal cultural tree to the heritage council and each

58 Provisional registration—period (1) A tree is provisionally registered for a period of 1 year beginning on the day the tree is provisionally registered (the provisional registration period).

(2) However, the provisional registration period ends if, within the year— (a) the tree is registered; or (b) the conservator decides not to register the tree and either— Note A provisional registration period may also be extended by the conservator under s 59 (3) or s 60 (4). (3) The conservator may provisionally register a tree more than once. (4) For subsection (3), another nomination under section 54 is not needed.

59 Consultation on proposed registration (1) After making a decision under section 55, the conservator must ask the following for advice in relation to the tree’s proposed registration: (a) the advisory panel; (b) for a heritage tree—the heritage council; (c) for an Aboriginal cultural tree—the heritage council and each (2) The conservator may ask any other person to give the conservator advice, information or a document that the conservator reasonably needs to decide whether to register the tree. (3) The conservator may, by written notice, extend a tree’s provisional registration period by a stated period if an entity mentioned in this section reasonably needs more time to give the conservator the entity’s advice, information or a document.

60 Registration—decision (1) The conservator must decide whether to register a provisionally registered tree by the end of the tree’s provisional registration period. (2) The conservator may, by written notice given to the person who nominated the tree for registration, require the nominator to give the conservator more information or a document that the conservator reasonably needs to decide whether to register the tree. (3) If the nominator fails to comply with a requirement under subsection (2), the conservator may refuse to further consider whether to register the tree. (4) If the conservator requires a nominator to give more information, the conservator may, by written notice given to the nominator, extend the tree’s provisional registration period by a stated period. (5) In deciding whether to register the tree, the conservator must take into account— (a) any advice on the proposed registration given to the conservator by the advisory panel, the heritage council or any representative Aboriginal organisation; and (b) any comments received on the proposed registration on or before the closing date stated in the notice under section 56. (6) The conservator may register the tree only if the conservator is satisfied the tree satisfies the registration criteria.

61 Registration—notice of decision section 60 to the following: (a) the person who nominated the tree for registration;

(c) if the tree is on leased land—the occupier of, or custodian for, land that— (d) anyone who gave the conservator— (i) written comments about the proposed registration; and (ii) contact details for notification of the conservator’s decision; (e) if the heritage council gave advice on the proposed registration—the heritage council; (f) if a representative Aboriginal organisation gave advice on the proposed registration—the representative Aboriginal organisation; (g) the registrar-general. (4) If the decision is to register the tree, the conservator must also give public notice of the decision.

62 Registration (a) the conservator decides to register a tree; and (b) either— (2) The conservator must register the tree by entering the following information in the tree register: (a) a photograph or other image of the tree; (b) the tree’s location; (c) the tree’s botanical name and any relevant horticultural information; (d) a description of the protection zone for the tree; (e) a statement about the tree’s significance. Division 4.4 Cancellation of registration— generally

63 Proposal for cancellation of registration (1) Anyone (including the conservator) may propose that a tree’s registration be cancelled. (2) A proposal must be— (a) in writing; and (b) given to the conservator. (3) The conservator may refuse to consider a proposal if satisfied the proposal is frivolous or vexatious.

64 Notice of proposed cancellation of registration (1) Before considering a proposal to cancel a tree’s registration, the conservator must give written notice of the proposed cancellation to the following: (a) the person who proposed the cancellation; (c) if the tree is on leased land—the occupier of land that— (ii) is within 50m of the tree. (3) The conservator may give written notice of the proposed cancellation to anyone else the conservator considers appropriate. (4) The conservator must also give public notice of the proposed cancellation. (5) A notice under this section must include— (a) an indication of whether the conservator is satisfied that the proposed cancellation is likely to satisfy the cancellation criteria; and (b) if the conservator considers there may be grounds for making a site declaration in relation to the cancellation—an indication of that fact; and (c) a statement to the effect that any comments about the proposed cancellation may be given to the conservator by the closing date stated in the notice. (6) The closing date must be at least 21 working days after the day public notice is given under subsection (4). (7) A notice under this section must not include restricted information.

65 Consultation on proposed cancellation of registration (1) After giving notice under section 64, the conservator must ask the advisory panel for advice in relation to the proposed cancellation and any proposed site declaration. (2) The conservator must also ask the following for advice in relation to the proposed cancellation: (a) for a heritage tree—the heritage council; (b) for an Aboriginal cultural tree—the heritage council and each

66 Cancellation of registration etc—decision (1) Within 6 months after the day the conservator gives public notice of a proposed cancellation of a tree’s registration under section 64 (4), the conservator must decide whether to cancel the tree’s registration. (2) In deciding whether to cancel the tree’s registration (and whether to make a site declaration in relation to the cancellation), the conservator must take into account— (a) any advice on the proposed cancellation or site declaration given to the conservator by the advisory panel, the heritage council or any representative Aboriginal organisation; and (b) any comments received on the proposed cancellation or site declaration on or before the closing date stated in the notice under section 64. (3) The conservator may cancel the tree’s registration only if the conservator is satisfied the cancellation satisfies the cancellation criteria.

67 Cancellation of registration—notice of decision section 66 to the following: (a) the person who proposed the cancellation; (c) if the tree is on leased land—the occupier of land that— (d) anyone who gave the conservator— (i) written comments about the proposed cancellation of registration; and (ii) contact details for notification of the conservator’s decision; (e) if the heritage council gave advice on the proposed cancellation—the heritage council; (f) if a representative Aboriginal organisation gave advice on the proposed registration—the representative Aboriginal (4) If the decision is to cancel the registration, the conservator must also give public notice of the decision.

68 Cancellation of registration (a) the conservator decides to cancel a tree’s registration; and (b) either— (2) The conservator must cancel the tree’s registration by removing the entry about the tree from the tree register. (3) However, if the conservator makes a site declaration in relation to the tree, the entry about the tree must remain in the register while the site declaration is in force but must include a statement that the tree’s registration has been cancelled.

69 Site declarations (a) a registered tree is damaged by conduct other than conduct mentioned in section 18 (1); and (b) if the tree’s registration is cancelled after the damage happens— the conservator is satisfied on reasonable grounds that the cancellation is reasonably attributable to the damage caused by the conduct. (2) The conservator may declare the following areas to be a declared site (a site declaration): (a) for a registered tree—the protection zone for the tree; (b) if the tree’s registration is cancelled—the area that was the protection zone for the tree immediately before the registration was cancelled.

Division 4.5 Cancellation of registration—natural death of tree (3) A site declaration is a notifiable instrument. (4) Also, the conservator— (a) must give written notice of the site declaration to— (i) the lessee of the land where the tree is located; and (ii) the territory planning authority; and (b) may give written notice of the site declaration to anyone else the conservator considers appropriate. (5) A site declaration has effect for— (a) at least 5 years; or (b) if a longer period is stated in the declaration—the longer period. Division 4.5 Cancellation of registration—natural death of tree

70 Cancellation of registration of dead tree (1) If the conservator is satisfied on reasonable grounds that a registered tree has died of natural causes, the conservator may cancel the tree’s (2) Division 4.4 does not apply to the cancellation.

71 Cancellation of registration of dead tree—notice section 70 to the following: (a) the lessee of, or custodian for, the land where the tree is located; (b) if the tree is on leased land—the occupier of land that— (ii) is within 50m of the tree.

Restricted information Division 4.6 (4) The conservator must also give public notice of the decision.

72 Cancellation of registration of dead tree—tree register If the conservator cancels a tree’s registration under section 70, the conservator must remove the entry about the tree from the tree register.

73 Application—div 4.6 This division applies to an Aboriginal cultural tree that— (a) is registered; or (b) has been nominated for registration.

74 Restricted information—Aboriginal cultural trees (1) Information about the location or nature of an Aboriginal cultural tree is restricted information unless the conservator declares in writing that it is not. (2) Before making a declaration under subsection (1), the conservator must ask each representative Aboriginal organisation for advice in relation to the proposed declaration. (3) The conservator must take reasonable steps to give a copy of the declaration to the following: (a) the person who nominated the tree for registration;

(b) the lessee or occupier of, or custodian for, the land where the tree is located; (c) the heritage council; (d) each representative Aboriginal organisation.

75 Offence—disclose restricted information without approval (1) A person commits an offence if the person— (a) discloses restricted information about an Aboriginal cultural tree to another person; and (b) knows that the information is restricted information. (2) This section does not apply if the disclosure is— (a) in accordance with an approval under section 76; or (b) for the exercise of a function under this Act or another territory law; or (c) by an Aboriginal person to another Aboriginal person.

76 Approval to disclose restricted information (1) A person may apply, in writing, to the conservator for approval to disclose restricted information about an Aboriginal cultural tree to another person. (2) An application must— (a) identify the restricted information proposed to be disclosed; and (b) state the reason for the disclosure; and

Restricted information Division 4.6 (c) state the nature of the disclosure, including the person to whom it would be disclosed. (3) The conservator may, by written notice given to the applicant, approve the disclosure of restricted information about the tree if satisfied that the disclosure will not have a substantial adverse effect on the values for which the tree is or may be registered. (4) Before approving the disclosure of restricted information about an Aboriginal cultural tree, the conservator must ask the following for advice in relation to the proposed disclosure: (a) each representative Aboriginal organisation; (b) the heritage council.

77 Limited access to restricted information—land for sale (a) land is offered for sale; and (b) an Aboriginal cultural tree is located on the land; and (c) there is restricted information about the tree; and (d) an interested person for the land applies to the conservator for access to any restricted information about the tree that relates to the conservation and use of the land. (2) The conservator may give the applicant— (a) the restricted information sought; and (b) a written explanation about the operation of this part. (3) The conservator must ask each representative Aboriginal organisation for advice in relation to the proposed disclosure before giving the applicant the restricted information.

interested person—each of the following is an interested person for land where an Aboriginal cultural tree is located: (a) someone considering buying an interest in the land; (b) the person who nominated the tree for registration; (c) the lessee of, or custodian for, the land where the tree is located; (d) the heritage council; (e) each representative Aboriginal organisation.

78 Tree management plans—proposal or application (1) A decision-maker in relation to a protected tree may, on their own initiative, propose a plan (a tree management plan) for the tree that may— (a) provide for activities that may be carried out in relation to the tree; and (b) include conditions about how the activities are to be carried out. Note Anything done in relation to a protected tree in accordance with a tree management plan for the tree is an exception to the offences under sdiv 3.2.1 (Prohibited activities—offences) (see s 18 (1) (d) (i)). (2) Anyone else may apply, in writing, to the decision-maker for a tree management plan for a protected tree. (3) If the application is for a protected tree on leased land and the applicant is someone other than the lessee of the land where the tree is located, the application must include written evidence from the lessee that they are aware of the application. (4) The decision-maker may refuse to consider an application if satisfied that an adequate tree management plan is already in force for the tree. Note If the territory planning authority approves a development application that relates to a regulated tree or a public tree, the authority may also approve a tree management plan for the tree under the Planning Act 2023, s 185 (5).

79 Tree management plans—more information for application (1) The decision-maker may, by written notice given to the applicant, require the applicant to give the decision-maker more information or a document that the decision-maker reasonably needs to decide the (2) If the applicant fails to comply with a requirement under subsection (1), the decision-maker may refuse to consider the application further.

80 Tree management plans—assessment of tree If a decision-maker proposes, or receives an application for, a tree management plan, the decision-maker must assess the tree to which the proposal or application relates. Examples—assessing tree Assessing a tree may include assessing any of the following: • the health, condition and structure of the tree; • the ecological significance of the tree; • the tree’s location, including the tree’s proximity to infrastructure, services and construction activity; • whether the tree is a protected tree.

81 Tree management plans—advisory panel advice on proposal or application The conservator may ask the advisory panel for advice in relation to the proposal or application.

82 Tree management plans—referral of proposal or application to other entities (1) This section applies if a decision-maker— (a) assesses a tree to which a proposal or application for approval of a tree management plan relates; and (b) is satisfied that the tree requires a tree management plan. (2) The decision-maker must give a copy of the proposal or application to the following: (a) if the proposal or application relates to a heritage tree— the heritage council; (b) if the proposal or application relates to an Aboriginal cultural tree—the heritage council and each representative Aboriginal (3) However, the decision-maker is not required to give a copy of the application to an entity mentioned in subsection (2) if the decision-maker is satisfied— (a) that— (i) the applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and (ii) the entity agrees in writing to the activity proposed in the (b) if the entity is the heritage council—that the activity proposed in the application is included in a development application referred to the council under the Planning Act 2023, section 170 or section 171. (4) A written agreement to an activity mentioned in subsection (3) (a) (ii) is taken to be advice on the application received in accordance with section 83.

83 Tree management plans—time for referral entity to give If a copy of a proposal or application is given to an entity under section 82, the entity must give the decision-maker the entity’s advice on the proposal or application not later than— (a) 25 working days after the day the decision-maker gives the proposal or application to the entity; or (b) if a regulation prescribes a shorter period—the end of the shorter period.

84 Tree management plans—effect of no response by heritage council If the heritage council does not give advice in accordance with section 83 on a proposal or application given to it, the heritage council is taken to have given advice that it supports the proposal or

85 Tree management plans—decision (1) If a decision-maker proposes, or receives an application for, a tree management plan, the decision-maker must decide whether to approve the plan. (2) For an application for a tree management plan, the decision-maker must make the decision within 40 working days after the day the decision-maker receives the application. (3) In working out the 40-working day period, any period when a requirement under section 79 (1) was not complied with is disregarded.

(4) In making the decision, the decision-maker must take into account the (a) the guidelines determined under section 88; (b) the advice (if any) of the advisory panel; (c) the advice (if any) of an entity to which the proposal or application was given under section 82; (d) anything else the decision-maker considers relevant. (5) A tree management plan may be approved subject to a condition. Example—condition a tree management plan must include landscape treatments, such as understory planting, mulching and irrigation, to protect and nurture a tree (6) If the conservator approves a tree management plan for a registered tree, the conservator must include details of the plan in the tree register.

86 Tree management plans—notice of decision (1) The decision-maker must give written notice of the decision on a tree management plan to the applicant (if any). (2) If the decision is to approve the tree management plan, the decision-maker must also give written notice of the decision to the (a) the lessee of, or custodian for, the land where the tree is located; (b) if the tree is on leased land—the occupier of land that— (c) for a heritage tree—the heritage council; (d) for an Aboriginal cultural tree—the heritage council and each

(3) However, the decision-maker need not give more than 1 notice to a (4) The decision-maker may give written notice of the decision to anyone

87 Tree management plans—operation Subject to section 133 (Applications for internal review), a tree management plan takes effect on the date the decision-maker approves the tree management plan.

88 Tree management plans—guidelines (1) The conservator may make guidelines for tree management plans. (2) The guidelines may set out things that must or may be included in a tree management plan. Note The guidelines may apply, adopt or incorporate an instrument as in force from time to time (see s 142). (3) A guideline is a notifiable instrument.

89 Tree management plans—doing groundwork in protection zone (1) An entity providing a utility service must provide a tree management plan to the decision-maker before starting any groundwork in— (a) the protection zone for a protected tree; or (b) a declared site. (2) In this section: utility service—see the Utilities Act 2000, dictionary.

Tree bonds Division 5.2

90 Offence—contravene tree management plan (1) A person commits an offence if the person engages in conduct that contravenes, or is likely to contravene, a tree management plan. contravening the tree management plan. (3) An offence against this section is a strict liability offence.

91 Definitions—div 5.2 In this division: authorisation—see section 92 (1) (a). public unleased land permit—see the Public Unleased Land Act 2013, section 40. tree bond agreement—see section 92 (2).

92 Tree bonds and tree bond agreements (a) any of the following (an authorisation) have been proposed or applied for, or are in force: (i) a tree management plan; (ii) a public unleased land permit; (iii) a work approval under the Public Unleased Land Act 2013, section 19; (iv) a tree protection condition of a development approval; and

(b) a decision-maker in relation to a protected tree is satisfied on reasonable grounds that the tree is at risk of damage because of an activity to be carried out for the authorisation mentioned in paragraph (a). Examples—activities that may be carried out demolition, excavation, construction (2) The decision-maker may require the applicant for the authorisation mentioned in subsection (1) (a) to enter into an agreement (a tree bond agreement) with the Territory to— (a) protect the protected tree from damage while carrying out any activity for the authorisation; and (b) pay the Territory a bond (a tree bond) as security for the performance of the obligation to protect the protected tree. (3) The decision-maker may, by written notice given to the applicant, require the applicant to give the decision-maker any document or other thing prescribed by regulation before the agreement is entered into. (4) The applicant must not carry out any activity for an authorisation mentioned in subsection (1) (a) before entering into a tree bond

93 Tree bond agreements—form and period (1) A tree bond agreement must— (b) be signed by both parties to the agreement; and (c) state the amount of tree bond for the agreement.

Tree bonds Division 5.2 (2) A tree bond agreement has effect— (a) on the date it is signed; and (b) for the period decided by the decision-maker and stated in the agreement, unless ended earlier in accordance with section 95. (3) For subsection (2) (b), the end of the period must not be more than 3 years after the day any activity carried out under an authorisation mentioned in section 92 (1) (a) is completed. (4) A tree bond agreement may be amended in writing by the parties, including by extending the period of the agreement. (5) A regulation may prescribe— (a) the amount of a tree bond; and (b) matters the decision-maker must or may take into account when deciding— (i) a tree bond amount; or (ii) the period for which a tree bond has effect.

94 Tree bond agreements—guidelines (1) The Minister may make guidelines for tree bond agreements. (2) The guidelines may set out— (a) documents that must be given to the decision-maker before entering into a tree bond agreement; and (b) the rights and responsibilities of parties to a tree bond agreement; and (c) any other requirement for a tree bond agreement. Note The guidelines may apply, adopt or incorporate an instrument as in force from time to time (see s 142). (3) A guideline is a notifiable instrument.

95 Tree bonds—release (1) The amount of a tree bond paid by a person under a tree bond agreement must be refunded to the person as soon as practicable after the tree bond agreement ends if— (a) an authorised person has inspected the tree; and (b) the decision-maker is satisfied on reasonable grounds that— (i) the tree is in good health; and (ii) there is no sign of damage to the tree; and (iii) the person has not engaged in conduct that contravenes the tree bond agreement. (2) The tree bond agreement may end earlier than the date stated in the agreement if— (a) the parties agree to the agreement ending at an earlier date (the earlier end date); and (b) an authorised person has inspected the tree and is satisfied that— (i) the tree is in good health; and (ii) there is no sign of any damage to the tree; and (iii) the person has not engaged in conduct that contravenes the tree bond agreement. (3) However, the earlier end date must be at least 6 months after the day any activity carried out under an authorisation mentioned in section 92 (1) (a) is completed.

96 Tree bonds—refusal to release (a) a tree bond agreement has ended; and (b) an authorised person has inspected the tree; and

Tree advisory panel Division 5.3 (c) the decision-maker is satisfied on reasonable grounds that— (i) the tree— (A) is not in good health; or (B) has been damaged; and (ii) the tree’s ill health or damage was likely caused by a failure of the person to comply with the tree bond agreement; or (iii) the person under the tree bond agreement has engaged in conduct that contravenes the tree bond agreement. (2) The decision-maker may do either or both of the following: (a) ask the person to do something to restore the tree; (b) refuse to refund part or all of the amount of the tree bond to the person. (3) If the decision-maker asks the person to do something to restore the tree and the person fails to satisfactorily do the thing, the decision-maker may refuse to refund all or part of the total amount of the tree bond to the person.

97 Advisory panel—establishment The Tree Advisory Panel is established.

98 Advisory panel—appointment of members (1) The Minister must appoint the members of the advisory panel. Note 1 For laws about appointments, see the Legislation Act, pt 19.3. Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2) Each member must be appointed for— (a) at least 1 year; but (b) not longer than 4 years. (3) A panel member’s conditions of appointment are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995.

99 Advisory panel—membership (1) The tree advisory panel must have at least 3 members. (2) The Minister must ensure that— (a) each member of the advisory panel has extensive knowledge of and experience in 1 or more of the following fields: (i) arboriculture; (ii) forestry; (iii) horticulture; and (b) at least 1 member has extensive knowledge of and experience in arboriculture or forestry; and (c) the members between them include people with extensive knowledge of and experience in at least 2 fields mentioned in paragraph (a).

100 Advisory panel—functions The advisory panel has the following functions: (a) to give any advice requested by the conservator, including advice on the following: (i) an application for approval of an activity under division 3.3;

Tree advisory panel Division 5.3 (ii) an application for approval of a tree management plan under division 5.1; (iii) the proposed registration of a tree; (iv) the proposed cancellation of a tree’s registration; (v) an application for review of a decision under section 134; (b) to give other advice to the conservator on anything relevant to the conservator’s functions in relation to tree protection.

101 Advisory panel—ending appointments The Minister may, by written notice to a member of the advisory panel, end the member’s appointment for— (a) misbehaviour; or (b) physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or (c) contravening section 102.

102 Advisory panel—disclosure of members interests (1) If a member of the advisory panel has a material interest in an issue in relation to which the advisory panel has been asked to advise the conservator, the member or advisory panel must disclose the nature of the interest to the conservator as soon as practicable after the member or the advisory panel becomes aware of the relevant facts. (2) The member must not advise, or further advise, the conservator in relation to the issue, unless the conservator directs otherwise. (3) Within 14 working days after the end of each financial year, the conservator must give the Minister a statement of any disclosure of interest made under this section, and any direction given by the conservator, during the financial year.

material interest—an advisory panel member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the advisory panel’s functions in relation to advising the conservator about the issue.

103 Advisory panel—procedures A regulation may prescribe procedures of the advisory panel, including how decisions are made by the panel. Examples—what a regulation may prescribe 1 the quorum at meetings of the advisory panel 2 who is to preside at meetings of the advisory panel 3 how questions are to be resolved at meetings of the advisory panel

104 Advisory panel—delegation The advisory panel may delegate any of its functions to a member of the advisory panel in accordance with any requirement prescribed by regulation. Note For laws about delegations, see the Legislation Act, pt 19.4.

Part 6 Development applications— conservator’s advice

105 Meaning of development—pt 6 development means a proposed development to which an application for development approval under the Planning Act 2023, chapter 7 applies.

106 Simplified outline—pt 6 The following notes provide a simplified outline of this part and the Planning Act 2023, chapter 7 (Development assessment and approvals). Note 1 Certain development applications to be referred to conservator The territory planning authority may be required to refer a development application to the conservator (see Planning Act 2023, s 170 and s 171). Note 2 Conservator to give advice about development application The conservator gives advice to the territory planning authority, within the prescribed number of days, in relation to tree protection and the development (see Planning Act 2023, s 172). The conservator may also give the authority advice about tree protection on land subject to development under this Act, s 107. Note 3 Development approvals subject to tree protection conditions An approval for a development that includes works in a declared site or the protection zone of a protected tree must include a condition that the development comply with any applicable tree protection conditions, which may include a tree management plan, a canopy contribution agreement, and a tree bond agreement (see Planning Act 2023, s 187 (1) (f)). Note 4 Conservator’s advice to be considered The conservator’s advice must be considered by the decision-maker in deciding a development application referred to the conservator (see Planning Act 2023, s 186 (i), s 189 and s 190).

Part 6 Development applications—conservator’s advice Note 5 Approvals inconsistent with conservator’s advice A development approval that is inconsistent with the conservator’s advice in relation to a regulated tree or a public tree may be given by the decision-maker in certain circumstances (see Planning Act 2023, s 190 (1) (a) (i)). A development approval that is inconsistent with the conservator’s advice in relation to a registered tree, remnant tree or declared site may only be given by the Minister in certain circumstances for a territory priority project (see Planning Act 2023, s 190 (1) (a) (ii)).

107 Land subject to development—conservator may give advice about tree protection (1) This section applies if the conservator is satisfied on reasonable grounds that a development involves, or is likely to involve, an activity that would or may— (2) The conservator may give the territory planning authority written advice in relation to the development in accordance with section 108. Note If the territory planning authority refers a development application or changed application to the conservator under the Planning Act 2023, s 170 or s 171, the conservator must, within the time required under that Act, s 172, give the territory planning authority advice in relation to the development application. protected tree, in relation to a development, means a protected tree— (a) on the land subject to the development; or (b) on land adjoining the land subject to the development.

108 Conservator’s advice about tree protection (1) This section applies if the conservator gives advice— (a) under section 107 in relation to a development; or (b) under the Planning Act 2023, section 170 or section 171 in relation to a development application. (2) The advice must include advice about tree protection requirements for each protected tree with a protection zone on, or partly on, the land subject to the development. (3) Without limiting subsection (2), the advice may— (a) include information about the trees on the land; and (b) set out the changes (if any) the conservator considers should be made to any tree management plan or proposed tree management plan that relates to the development application, taking into account— (i) the guidelines approved under section 88 (Tree management plans—guidelines); and (ii) the advice (if any) of the advisory panel; and (iii) anything else the conservator considers relevant.

109 Offences—contravene tree protection condition of development approval (a) the conservator gives advice under section 107 in relation to a development; and (b) the development has development approval; and

Part 6 Development applications—conservator’s advice (c) the approval is subject to a condition (a tree protection condition) requiring a person to do or not do something in relation to— (i) a protected tree; or (ii) the protection zone for a protected tree; or (iii) a declared site. Example—par (c)—tree protection condition a condition that the applicant comply with tree protection requirements of a tree management plan (2) A person commits an offence if the person contravenes a tree protection condition of the development approval. (3) Subsection (2) does not apply if the person has a reasonable excuse for contravening the tree protection condition. mentioned in s (3) (see Criminal Code, s 58). (4) A person commits an offence if the person— (a) is responsible for the development; and (b) fails to take reasonable steps to tell each person carrying out work on the development site about the tree protection condition. (5) An offence against subsection (2) or (4) is a strict liability offence.

responsible—a person is responsible for a development if— (a) the person conducts a business or undertaking; and (b) the business or undertaking has management or control of the site where work for the development is being carried out.

110 Definitions—pt 7 connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises, includes— (a) a person believed on reasonable grounds to be an occupier of the (b) a person apparently in charge of the premises. Note The dictionary defines premises as including land. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. warrant means a warrant issued under division 7.4 (Warrants).

Division 7.2 Authorised people

111 Appointment of authorised people The director-general may appoint a public servant as an authorised person for this Act. Note For laws about appointments, see the Legislation Act, pt 19.3.

Authorised people Division 7.2

112 Identity cards (1) The director-general must give each authorised person an identity card stating the person’s name and that the person is an authorised person. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if the person— (a) stops being an authorised person; and (b) does not return the person’s identity card to the director-general as soon as practicable (but within 7 days) after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) Subsection (3) does not apply to a person if the person’s identity card is— (a) lost or stolen; or (b) destroyed by someone else. mentioned in s (4) (see Criminal Code, s 58). (5) An offence against this section is a strict liability offence.

113 Authorised person must show identity card on exercising power (1) If an authorised person exercises a power under this Act that affects an individual, the authorised person must first show the authorised person’s identity card to the individual.

(2) If an authorised person exercises a power under this Act that affects a person, other than an individual, the authorised person must first show the authorised person’s identity card to an individual the authorised person believes on reasonable grounds is an employee, officer or agent of the person. Examples—person other than an individual corporation, partnership

114 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises to— (i) inspect a tree, or the area near a tree, that is registered or proposed to be registered; or (ii) give a tree protection direction or tree reparation direction to the lessee or occupier of the premises; or (b) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (c) at any time, enter premises with the occupier’s consent; or (d) enter premises in accordance with a warrant. Note An authorised person also has power to enter premises in relation to tree protection directions (see s 47) and tree reparation directions (see s 50). (2) However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used only for residential purposes. (3) An authorised person may, without the occupier’s consent, enter land around the premises to ask for consent to enter the premises.

Powers of authorised people Division 7.3 (4) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (5) An authorised person who enters premises under this section may inspect the premises or anything on it.

115 Production of identity card An authorised person and any other person (other than a police officer) accompanying the authorised person must not remain at premises entered under this part if the authorised person does not produce their identity card when asked by the occupier.

116 Consent to entry (1) This section applies if the authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises. (2) Before asking for consent, the authorised person must— (a) produce their identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (3) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and

(iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (4) If the occupier signs an acknowledgment of consent, the authorised person must, as soon as practicable, give a copy to the occupier. (5) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) a question arises, in a proceeding in the court, whether the occupier consented to the entry; and (b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

117 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine anything; (b) take measurements or conduct tests; (c) take samples; (d) make sketches, drawings or any other kind of record (including photographs, films, audio, video or other recordings); (e) require the occupier, or anyone else at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Powers of authorised people Division 7.3 (2) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 20 penalty units.

118 Power to seize things (1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if— (a) the authorised person is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Having seized a thing, an authorised person may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. Note If an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized (see s 125).

(5) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and (b) the person does not have an authorised person’s approval to interfere with the thing. Maximum penalty: 20 penalty units. (6) An offence against subsection (5) is a strict liability offence.

119 Direction to give personal details (1) This section applies if an authorised person believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. (2) The authorised person may direct the person to give the authorised person, immediately, any of the following details: (a) the person’s full name; (b) the person’s home address; (c) the person’s date of birth. Note 1 The authorised person must first show the person the authorised person’s identity card (see s 113). Note 2 It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

Warrants Division 7.4 (3) If the authorised person believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the authorised person may direct the person to produce evidence immediately of the correctness of the detail. (4) If an authorised person gives a direction to a person, the authorised person must tell the person that it is an offence if the person fails to comply with the direction. (5) If an authorised person gives a direction to a person, the authorised person must give the direction in a language, or in a way of communication, that the authorised person believes on reasonable grounds the person is likely to understand.

120 Offence—fail to comply with direction to give personal details (1) A person commits an offence if the person fails to comply with a direction under section 119. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence.

121 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must— (a) be sworn; and (b) state the grounds on which the warrant is sought.

(3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 14 days. (5) The warrant must state the following: (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; (b) the offence for which the warrant is issued; (c) the things that may be seized under the warrant; (d) the hours when the premises may be entered; (e) the date, within 14 days after the day of the warrant’s issue, the warrant ends.

122 Warrants—announcement before entry (1) An authorised person must, before anyone enters premises under a warrant— (a) announce that the authorised person is authorised to enter the

Warrants Division 7.4 (b) give anyone at the premises an opportunity to allow entry to the (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify themselves to the person. (2) The authorised person is not required to comply with subsection (1) if the authorised person believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or any person assisting the authorised person); or (b) that the effective execution of the warrant is not frustrated.

123 Details of warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a warrant is being executed, the authorised person or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person.

124 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search.

(3) This section does not prevent 2 or more areas of the premises being searched at the same time.

125 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 118 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person’s name, and how to contact the authorised person; (d) if the thing is moved from the premises where it is seized— where the thing is to be taken.

126 Moving things to another place for examination or processing under warrant (1) A thing found at premises entered under a warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates;

Return and forfeiture of things seized Division 7.5 (ii) it is significantly more practicable to do so considering the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for not longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing. (6) The provisions of this part relating to the issue of warrants apply, with any necessary changes, to the giving of an extension under this section.

127 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect the thing; and (b) photograph the thing; and

(c) if the thing is a document—take extracts from, or make copies of, the thing.

128 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing, if— (a) an infringement notice for an offence connected with the thing is not served on the owner within 1 year after the day of the seizure and— (i) a prosecution for an offence connected with the thing is not begun within the 1-year period; or (ii) a prosecution for an offence connected with the thing is begun within the 1-year period but the court does not find the offence proved; or (b) an infringement notice for an offence connected with the thing is served on the owner within 1 year after the day of the seizure, the infringement notice is withdrawn and— (i) a prosecution for an offence connected with the thing is not begun within the 1-year period; or (ii) a prosecution for an offence connected with the thing is begun within the 1-year period but the court does not find the offence proved; or (c) an infringement notice for an offence connected with the thing is served on the owner and not withdrawn within 1 year after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and— (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under that section; or

Miscellaneous Division 7.6 (ii) the Magistrates Court does not find the offence proved. (2) If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the director-general directs.

129 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take reasonable steps to ensure that the authorised person, and any person assisting the authorised person, causes as little inconvenience, detriment and damage as is practicable. (2) If an authorised person, or a person assisting an authorised person, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes on reasonable grounds is the owner of the thing. (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.

130 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by— (a) an authorised person; or (b) a person assisting an authorised person.

(2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

Notification and review of decisions Part 8

Part 8 Notification and review of decisions

131 Definitions—pt 8 internally reviewable decision means a decision mentioned in schedule 1, part 1.1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). reviewable decision means a decision mentioned in schedule 1, part 1.2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

132 Internal review notices If a decision-maker makes an internally reviewable decision, the decision-maker must give an internal review notice to each entity mentioned in schedule 1, part 1.1, column 4 in relation to the decision. Note The decision-maker must also take reasonable steps to give an internal review notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).

133 Applications for internal review (1) An entity mentioned in schedule 1, part 1.1, column 4 in relation to an internally reviewable decision may apply to the decision-maker for review of the decision. (2) The application must be made within 14 working days after the day the entity is given the internal review notice.

Part 8 Notification and review of decisions (3) The application must— (b) state the applicant’s name and address; and (c) set out the applicant’s reasons for making the application. (4) The making of an application for review of an internally reviewable decision automatically stays the operation of the decision until the application is finally dealt with.

134 Internal review (1) As soon as practicable after receiving an application for review of an internally reviewable decision, the decision-maker must— (a) if the decision-maker is the conservator— (i) for an advisable decision—ask the advisory panel, in writing, for advice on the application; or (ii) for any other decision— (A) ask the advisory panel, in writing, for advice on the (B) review the decision; or (b) if the decision-maker is the director-general—review the (2) If the conservator asks the advisory panel for advice, the advisory panel must give the conservator its advice within 30 working days after the day the advisory panel receives the conservator’s request. (3) Within 35 working days after the relevant day, the decision-maker must— (a) review the decision; and (b) confirm, vary or set aside the decision.

Notification and review of decisions Part 8 (4) For subsection (3) (a), if the conservator receives advice from the advisory panel, the conservator must take into account the advice when reviewing the decision. (5) In this section: advisable decision means a decision mentioned in schedule 1, part 1.1, column 3, items 1, 2 and 9. relevant day means— (a) if the conservator asks the advisory panel for advice—the day the conservator receives the advisory panel’s advice; or (b) in any other case—the day the decision-maker receives the application for review.

135 Reviewable decision notices If a decision-maker makes a reviewable decision, the decision-maker must give a reviewable decision notice only to each entity mentioned in schedule 1, part 1.2, column 4 in relation to the decision. Note The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

136 Applications for review An entity mentioned in schedule 1, part 1.2, column 4 in relation to a reviewable decision may apply to the ACAT for review of the

137 Power to apply or disapply Act to entities or activities (1) The Minister may declare that this Act, or a provision of this Act— (a) applies to a stated entity or a stated activity; or (b) does not apply to a stated entity or a stated activity. (2) A declaration is a disallowable instrument.

138 Power to extend or suspend time periods in extraordinary circumstances (1) This section applies if the Minister believes on reasonable grounds that the effective administration of this Act is, or may be, affected by extraordinary circumstances. Examples—extraordinary circumstances bushfire, pandemic, severe storm (2) The Minister may declare that a time period mentioned in this Act by which an entity must or may do something is extended or suspended for a stated period. (3) A declaration is a disallowable instrument.

139 Code of practice—protected tree disputes (1) The Minister may approve a code of practice for dealing with protected tree disputes. (2) For subsection (1), a dispute is a protected tree dispute if the dispute— (a) is between the lessees of 2 or more adjoining leases in a residential area; and (b) relates to a protected tree whose protection zone crosses a common boundary between the leases.

Miscellaneous Part 9 (3) A code of practice is a disallowable instrument. residential area means an area in a zone identified in the territory plan as a residential zone (RZ).

140 Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if— (a) the corporation commits a relevant offence; and (b) the officer was reckless about whether the relevant offence would be committed; and (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. (2) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates;

(ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; (b) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed. (4) Subsection (3) does not limit the matters the court may consider. (5) This section does not apply if the corporation would have a defence to a prosecution for the relevant offence. mentioned in s (5) (see Criminal Code, s 58). executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation. relevant offence means an offence against any of the following: (a) section 16 (1), (2), (3) or (4) (Offence—damaging protected trees); (b) section 17 (1), (2) or (3) (Offence—doing prohibited groundwork).

141 Delegation of decision-maker’s functions (1) The decision-maker in relation to a protected tree may delegate the decision-maker’s functions under this Act to— (a) a public employee; or (b) an authorised person; or

Miscellaneous Part 9 (c) a person prescribed by regulation. Note For laws about delegations, see the Legislation Act, pt 19.4. (2) However, the decision-maker must not delegate the function of— (a) deciding whether to register a tree under section 60; or (b) deciding whether to cancel a tree’s registration under section 66; or (c) reviewing a decision under section 134.

142 Incorporation of documents A statutory instrument under this Act may apply, adopt or incorporate an instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

143 Determination of fees (1) The Minister may determine fees for this Act.

144 Regulation-making power The Executive may make regulations for this Act.

145 Review of Act (1) The Minister must, as soon as practicable after the end of this Act’s 2nd year of operation— (a) review the operation and effectiveness of this Act; and (b) present a report of the review to the Legislative Assembly. Note A reference to an Act includes a reference to any statutory instrument made or in force under the Act (see Legislation Act, s 104). (2) This section expires 3 years after the day it commences.

Reviewable decisions Schedule 1 Internally reviewable decisions Part 1.1

Schedule 1 Reviewable decisions (see pt 8)

Part 1.1 Internally reviewable decisions item 1 28 approve, or refuse to approve, activity land, heritage council, representative Aboriginal 2 31 cancel approval of activity person who held approval, lessee of land 3 36 (2) make canopy contribution agreement subject to a condition land 4 36 (2) (a) on-site canopy contribution decided by decision-maker land 5 36 (2) (b) amount of financial settlement decided by decision-maker land 6 37 (2) (a) refuse or agree to amend canopy contribution agreement condition land 7 38 (2) (b) refuse to allow application for payment management plan applicant for payment plan 8 39 (2) refuse or agree to exempt applicant from canopy contribution agreement applicant for exemption, lessee of land 9 85 (1) approve, or refuse to approve, tree management plan land, heritage council, representative Aboriginal

Schedule 1 Reviewable decisions Part 1.2 Reviewable decisions item 10 93 (2) (b) period of tree bond agreement party to tree bond agreement 11 96 refuse to pay back tree bond, in full or part party to tree bond agreement Part 1.2 Reviewable decisions item 1 44 give tree protection direction • person given direction • lessee or occupier of land to which direction relates 2 55 approve, or refuse to approve, provisional registration of tree under s 56 (1), of registration 3 60 approve, or refuse to approve, registration of tree under s 61 (1) (a), (b), (c), (e), (f) or (g) of registration decision 4 66 cancel, or refuse to cancel, tree’s registration under s 67 (1) (a), (b), (c), (e) or (f), of decision to cancel, or refuse to cancel, registration 5 69 make site declaration lessee of land to which site declaration relates 6 76 approve, or refuse to approve, disclosure of restricted information • applicant for approval • heritage council • representative Aboriginal 7 134 confirm, vary or set aside decision mentioned in sch 1, pt 1.1, items 1 to 9 entity who is given internal review notice for decision in relation to decision to be reviewed

(see s 3) Note The Legislation Act contains definitions relevant to this Act. For example: • ACAT • administrative unit • appoint • calendar year • chief officer (ambulance service) • chief officer (fire and rescue service) • chief officer (rural fire service) • chief officer (SES) • conservator of flora and fauna • contravene • corporation • director-general (see s 163) • document • entity • exercise • function • heritage council • home address • individual • public employee • public notice • public servant • reviewable decision notice • territory land • territory plan • territory planning authority • the Territory • writing.

Aboriginal cultural tree—a tree is an Aboriginal cultural tree if it is of cultural significance to Aboriginal people because of either or both of the following: (a) Aboriginal tradition; (b) the history, including contemporary history, of any Aboriginal people of the area where the tree is located. scarred trees, modified trees Aboriginal object, in relation to a tree—see the Heritage Act 2004, section 9. Aboriginal person means a person who— (a) is a descendant of an Aboriginal person; and (b) identifies as an Aboriginal person; and (c) is accepted as an Aboriginal person by an Aboriginal community. Aboriginal place, in relation to a tree that forms part of a place—see the Heritage Act 2004, section 9. advisory panel means the Tree Advisory Panel established under section 97. appeal, in relation to a reviewable decision, means an application to the ACAT to review the decision. appeal period means the period within which an appeal may be made. approval criteria—see section 20 (1). at premises includes in or on the premises. authorisation, for division 5.2 (Tree bonds)—see section 92 (1) (a). authorised person means an authorised person appointed under section 111. built-up urban area—see section 8.

cancellation criteria, for part 4 (Registration of trees)— see section 52 (1) (b). canopy contribution, for subdivision 3.3.2 (Approved activities— canopy contributions)—see section 34. canopy contribution agreement—see section 35 (3). connected, for part 7 (Enforcement)—see section 110. conservator means the conservator of flora and fauna. custodian, for territory land that is public land, unleased land or both, means the administrative unit or other entity with administrative responsibility for the land. damage a protected tree—see section 14. decision-maker— (a) for this Act generally—means— (i) for a decision or other function relating to a registered tree, a regulated tree, or a remnant tree located on land outside the built-up urban area—the conservator; or (ii) for a decision or other function relating to a public tree— the director-general; and (b) for subdivision 3.3.2 (Approved activities—canopy contributions), in relation to a protected tree that is proposed to be removed in accordance with a development approval—see section 34. declared site means an area declared to be a declared site under section 69. development— (a) for this Act generally—see the Planning Act 2023, section 14; and (b) for part 6 (Development applications—conservator’s advice)— see section 105.

development application—see the Planning Act 2023, section 166 (1). development approval—see the Planning Act 2023, dictionary. financial settlement, in relation to a canopy contribution agreement, for subdivision 3.3.2 (Approved activities—canopy contributions)— see section 36 (2) (b). future urban area—see the Planning Act 2023, dictionary. heritage register—see the Heritage Act 2004, section 20. heritage tree means a tree that— (a) forms part of a place that is registered or provisionally registered, or has been nominated for registration, on the heritage register; or (b) forms part of an Aboriginal place or is an Aboriginal object. internally reviewable decision, for part 8 (Notification and review of decisions)—see section 131. internal review notice, for part 8 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). leased land means leased territory land, other than land leased for rural purposes, or purposes including rural purposes. occupier, of premises, for part 7 (Enforcement)—see section 110. offence, for part 7 (Enforcement)—see section 110. on-site canopy contribution, in relation to a canopy contribution agreement, for subdivision 3.3.2 (Approved activities—canopy contributions)—see section 36 (2) (a). place, in relation to a tree that forms part of a place—see the Heritage Act 2004, section 8. premises includes land.

prohibited groundwork—see section 15. protected tree—see section 9. protection zone, for a protected tree—see section 13. provisional registration period, for part 4 (Registration of trees)— see section 58 (1). provisionally register a tree means provisionally register the tree under section 57. public tree—see section 9, definition of protected tree paragraph (a) (iii). public unleased land—see the Public Unleased Land Act 2013, section 8. public unleased land permit, for division 5.2 (Tree bonds)—see the Public Unleased Land Act 2013, section 40. register a tree means register the tree under section 62. registered tree—see section 10. registration criteria, for part 4 (Registration of trees)— see section 52 (1) (a). regulated tree—see section 11. remnant tree—see section 12. representative Aboriginal organisation means— (a) an organisation declared to be a representative Aboriginal organisation under the Heritage Act 2004, section 14; or (b) an organisation prescribed by regulation. restricted information, for part 4 (Registration of trees)— see section 51. reviewable decision, for part 8 (Notification and review of decisions)—see section 131.

site declaration, for part 4 (Registration of trees)—see section 69 (2). subdivision design application—see the Planning Act 2023, section 43 (1). tree includes a palm tree. tree bond—see section 92 (2) (b). tree bond agreement, for division 5.2 (Tree bonds)— see section 92 (2). tree management plan— (a) for this Act generally—see section 78 (1); and (b) for this Act other than section 78—includes a tree management plan approved under the Planning Act 2023, section 185 (5). tree protection condition, of a development approval— see section 109 (1) (c). tree protection direction—see section 44 (1). tree register—see section 53 (1). tree reparation direction, for subdivision 3.4.2 (Tree reparation directions)—see section 48 (2). urban forest—see section 7. warrant, for part 7 (Enforcement)—see section 110.

About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.

2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

3 Legislation history 3 Legislation history Urban Forest Act 2023 A2023-14 notified LR 11 April 2023 s 1, s 2 commenced 11 April 2023 (LA s 75 (1)) remainder commenced 1 January 2024 (s 2) as amended by Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.11 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) sch 1 pt 1.11 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2) Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.12 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) sch 2 pt 2.12 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2)) Justice and Community Safety Legislation Amendment Act 2024 A2024-49 pt 12 notified LR 17 September 2024 s 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2)) pt 12 commenced 18 September 2024 (s 2 (4))

Amendment history 4 4 Amendment history Commencement s 2 om LA s 89 (4) s 3 am A2023-52 amdt 1.66 Meaning of urban forest s 7 am A2023-52 amdt 1.67 Meaning of built-up urban area s 8 am A2023-52 amdt 1.68, amdt 1.69 Meaning of protected tree s 9 am A2023-52 amdt 1.70 Meaning of regulated tree s 11 am A2024-11 amdt 2.34, amdt 2.35 Exceptions—tree damaging and prohibited groundwork offences s 18 am A2024-11 amdt 2.36 Application for approval of tree damaging etc activity s 21 am A2024-49 s 22 Approval application—referral to other entities s 25 am A2023-52 amdt 1.71 Approval application—notice of decision s 29 am A2023-52 amdt 1.72 Cancellation of approval s 31 am A2023-52 amdt 1.72 Definitions—sdiv 3.3.2 s 34 def decision-maker am A2023-52 amdt 1.73 sub A2024-49 s 23 Decision on approval application—canopy contribution agreements s 35 am A2023-52 amdt 1.74, amdt 1.75; A2024-49 s 24, s 25 Tree reparation directions s 48 am A2024-11 amdt 2.37 Site declarations s 69 am A2023-52 amdt 1.72 Tree management plans—proposal or application s 78 am A2023-52 amdt 1.77 Tree management plans—referral of proposal or application to other entities s 82 am A2023-52 amdt 1.78

4 Amendment history Meaning of development—pt 6 s 105 am A2023-52 amdt 1.79 Simplified outline—pt 6 s 106 sub A2023-52 amdt 1.80 Land subject to development—conservator may give advice about tree protection s 107 am A2023-52 amdt 1.81 Conservator’s advice about tree protection s 108 am A2023-52 amdt 1.82 Review of Act s 145 exp 1 January 2027 (s 145 (2)) Repeals pt 10 hdg om LA s 89 (3) Legislation repealed s 146 om LA s 89 (3) Transitional pt 20 hdg exp 1 January 2026 (s 317) Definitions—pt 20 s 300 exp 1 January 2026 (s 317) Applications for approval made before commencement day s 301 exp 1 January 2026 (s 317) Approvals in force before commencement s 302 exp 1 January 2026 (s 317) Approvals in force with uncommenced extension s 303 exp 1 January 2026 (s 317) Applications for tree management plans made before commencement day s 304 exp 1 January 2026 (s 317) Nominations for tree registration before commencement day s 305 exp 1 January 2026 (s 317) Provisional registration of trees before commencement day s 306 exp 1 January 2026 (s 317) Registration of trees before commencement day s 307 exp 1 January 2026 (s 317) Proposal to cancel tree registration made before commencement day s 308 exp 1 January 2026 (s 317) Aboriginal heritage trees under repealed Act s 309 exp 1 January 2026 (s 317)

Amendment history 4 Site declaration made before commencement day s 310 exp 1 January 2026 (s 317) Declarations under repealed Act, s 64 s 311 exp 1 January 2026 (s 317) Approvals under repealed Act, s 66 s 312 exp 1 January 2026 (s 317) Tree protection directions in force before commencement day s 313 exp 1 January 2026 (s 317) Authorised people s 314 exp 1 January 2026 (s 317) Instruments under repealed Act s 315 exp 1 January 2026 (s 317) Transitional regulations s 316 exp 1 January 2026 (s 317) Expiry—pt 20 s 317 exp 1 January 2026 (s 317) dict am A2023-52 amdt 1.83 def decision-maker am A2023-52 amdt 1.84; A2024-49 s 26 def development am A2023-52 amdt 1.85 def development application am A2023-52 amdt 1.86 def development approval am A2023-52 amdt 1.87 def estate development plan om A2023-52 amdt 1.88 def future urban area am A2023-52 amdt 1.89 def subdivision design application ins A2023-52 amdt 1.90 def tree management plan am A2023-52 amdt 1.91

5 Earlier republications 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for 1 Jan 2024 1 Jan 2024– 17 Sept 2024 A2023-52 new Act and amendments by A2023-52 18 Sept 2024 18 Sept 2024– A2024-49 amendments by A2024-49 15 May 2025– 1 Jan 2026 A2024-49 amendments by A2024-11 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.