35Decision on approval application—canopy contribution

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).