Urban Forest Regulation 2023 (ACT)

This regulation operationalises parts of the Urban Forest Act 2023 by prescribing definitions, formulas, decision factors and documents needed to implement canopy contribution agreements and tree bonds. Mechanically, it does the following.

Defines key terms used in Parts 2 and 3, including a preserved and detailed definition of who counts as a home owner for canopy contribution purposes, what a replacement tree is, and what the canopy cover restoration period means (see s 5, Dictionary).
Prescribes how on-site canopy contributions are calculated for different classes of applicants, in particular setting a numerical rule for the number of replacement trees a home owner must provide per protected tree, and constraints on feasibility assessments where the land is part of a units plan (see s 6).
Prescribes the financial settlement amount payable when an on-site contribution is not made or is reduced, for home owners and other applicants, including a flat-dollar amount per tree for home owners ($1,200 per protected tree), a formula for other applicants ((AL − AG + RC) × ZM), and allowed reductions (see s 7).
Sets out what matters a decision-maker must consider when determining exemptions for home owners, notably the 30 per cent canopy threshold and feasibility of planting replacement trees, with the same units-plan limitations as above (see s 7A).
Prescribes the documents required for tree bond agreements (a condition report and a protection-measures statement), and identifies examples of protection measures and government policy that must be met (see s 8).
Establishes the mechanics for calculating tree bond amounts, including a floor and a cap for different classes of trees, and supplies the formula for tree value (AL − AG + RC) consistent with the financial settlement work-up (see s 9 and s 9(3)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Urban Forest Regulation 2023 SL2023-39 made under the Urban Forest Act 2023 Republication No 2 Effective: 10 September 2024 Republication date: 10 September 2024 Last amendment made by SL2024-28

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Urban Forest Regulation 2023, made under the Urban Forest Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 September 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 September 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Urban Forest Regulation 2023 made under the Urban Forest Act 2023 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 Part 2 Canopy contribution agreements 5 Definitions—pt 2 3 6 Canopy contribution agreements—on-site canopy contribution—Act, s 36 (5) (a) 4 7 Canopy contribution agreements—financial settlement—Act, s 36 (5) (b) 5 7A Canopy contribution agreements—exemption considerations for home owners—Act, s 39 (3) (b) 8

Contents Page contents 2 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Tree bonds 8 Tree bond agreements—Act, s 92 (3) 10 9 Tree bond amount—Act, s 93 (5) (a) 10 10 Tree bond amount and period—matters decision-maker must and may consider—Act, s 93 (5) (b) 11 Dictionary 13 Endnotes 1 About the endnotes 15 2 Abbreviation key 15 3 Legislation history 16 4 Amendment history 16 5 Earlier republications 17

R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Urban Forest Regulation 2023 made under the Urban Forest Act 2023

Part 1 Preliminary Section 1 page 2 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Urban Forest Regulation 2023. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘home owner, for part 2 (Canopy contribution agreements)—see section 5.’ means that the term ‘home owner’ is defined in that section for that part. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation.

Canopy contribution agreements Part 2 Section 5 R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Canopy contribution agreements 5 Definitions—pt 2 (1) In this part: canopy cover restoration period means the period within which a tree canopy cover must be restored. common property—see the Unit Titles Act 2001, section 13. financial settlement amount—see section 7 (1). home owner—a person is a home owner if— (a) the person— (i) is the lessee of land; and (ii) provides written evidence that they— (A) have been living on the land for at least 2 years; or (B) intend to live on the land for at least 2 years; or (b) for land that is the common property of a units plan—the person is an owners corporation holding the lease for the land, but only when the corporation is not— (i) an applicant for development approval for development involving the removal of a protected tree on the land; or (ii) an approval-holder in relation to development involving the removal of a protected tree on the land. Note The owners corporation is granted a lease for the common property on registration of a units plan (see Unit Titles Act 2001, s 33 (2) (b)). owner, in relation to a unit in a units plan—see the Unit Titles Act 2001, dictionary.

Part 2 Canopy contribution agreements Section 6 page 4 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au owners corporation, for a units plan—see the Unit Titles (Management) Act 2011, dictionary. parcel, in relation to a units plan—see the Unit Titles Act 2001, section 5 (b). replacement tree, in relation to the removal of a protected tree from land, means a tree to be planted on the land to replace the protected tree as part of an on-site canopy contribution under a canopy contribution agreement. units plan—see the Unit Titles Act 2001, dictionary. unit subsidiary—see the Unit Titles Act 2001, section 12. (2) In this section: approval-holder—see the Planning Act 2023, dictionary. 6 Canopy contribution agreements—on-site canopy contribution—Act, s 36 (5) (a) (1) In working out an on-site canopy contribution for an applicant who is a home owner, the number of replacement trees for each protected tree approved for removal is— (a) if the decision-maker is satisfied it is feasible to plant 2 replacement trees—2 trees; or (b) in any other case—as near as practicable to, but not more than, 2 trees. (2) In considering the feasibility of planting a replacement tree for subsection (1), if the land where the protected tree is located is part of a unit or the common property of a units plan, the decision-maker may only consider— (a) if the applicant is an owner of a unit in the units plan—the land shown on the units plan as the owner’s unit, including any unit subsidiary annexed to the unit; and

Canopy contribution agreements Part 2 Section 7 R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the applicant is the owners corporation for the units plan—the common property of the units plan. (3) In working out an on-site canopy contribution for an applicant other than a home owner, the decision-maker must be satisfied that, at the end of the canopy cover restoration period, the combined projected canopy area of all the replacement trees will be equal to the combined canopy area of all the protected trees approved for removal. (4) The size of a replacement tree for an on-site canopy contribution must be at least the minimum size determined under subsection (5) (b). (5) The Minister may determine the following: (a) the canopy cover restoration period; (b) the minimum size of a replacement tree; (c) the projected canopy area of a replacement tree at the end of the canopy cover restoration period. (6) A determination is a disallowable instrument. (7) In this section: applicant means a person entering into a canopy contribution agreement under the Act, section 35 in relation to the removal of a protected tree. 7 Canopy contribution agreements—financial settlement— Act, s 36 (5) (b) (1) In working out the amount to be paid for a financial settlement, an applicant must pay the following amount (the financial settlement amount): (a) for a home owner—$1 200 for each protected tree on the land approved for removal;

Part 2 Canopy contribution agreements Section 7 page 6 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for an applicant other than a home owner—the amount worked out as follows: (AL − AG + RC) × ZM AG means the amount gained, at the end of the canopy cover restoration period, from planting a replacement tree. AL means the amount lost, at the end of the canopy cover restoration period, from removing the protected tree. RC means the cost of planting a replacement tree. ZM means the modifying number (the zone modifier) for the zone where the lessee’s land is located. (2) However, the financial settlement amount payable by an applicant may be reduced by the following amount: (a) for a home owner— (i) $600 for each replacement tree the home owner agrees to plant in accordance with an on-site canopy contribution worked out under section 6; and (ii) if the decision-maker is satisfied at least 30% of the land where a protected tree is located is covered by tree canopy when the application is made—$600 for each replacement tree it is not feasible to plant; and (iii) if the home owner holds a Commonwealth concession card—50% of the amount payable after any deductions under subparagraphs (i) and (ii) are made; (b) for an applicant other than a home owner—an amount equal to the value of the number of replacement trees the applicant agrees to plant.

Canopy contribution agreements Part 2 Section 7 R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) For subsection (2) (a) (ii), if the land where the protected tree is located is part of a unit or the common property of a units plan, the decision-maker— (a) in considering the percentage of the land covered by tree canopy, may consider the whole parcel of land; and (b) in considering the feasibility of planting a replacement tree on the land, may only consider— (i) if the applicant is an owner of a unit in the units plan—the land shown on the units plan as the owner’s unit, including any unit subsidiary annexed to the unit; and (ii) if the applicant is the owners corporation for the units plan—the common property of the units plan. (4) The Minister may determine the following: (a) the amount lost from removing a protected tree; (b) the amount gained from planting a replacement tree; (c) the canopy cover restoration period; (d) the cost of planting a replacement tree; (e) the zone modifier for a zone. (5) A determination is a disallowable instrument. (6) In this section: applicant—see section 6 (7). Commonwealth concession card means any of the following cards: (a) a current health care card issued under the Social Security Act 1991 (Cwlth); (b) a current pensioner concession card issued under the Social Security Act 1991 (Cwlth);

Part 2 Canopy contribution agreements Section 7A page 8 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a current pensioner concession card issued in relation to a pension under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth); (d) a current gold card. gold card means a card known as the Repatriation Health Card For All Conditions that evidences a person’s eligibility, under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases. zone means an area identified as a zone in the territory plan. 7A Canopy contribution agreements—exemption considerations for home owners—Act, s 39 (3) (b) (1) If the applicant under the Act, section 21 is a home owner, the matters in subsection (2) are prescribed in relation to the land where the protected tree is located. (2) The decision-maker must consider— (a) whether at least 30% of the land is predicted to be covered by tree canopy immediately after the protected tree is removed; and (b) if at least 30% of the land is predicted to be covered by tree canopy immediately after the protected tree is removed—the feasibility of planting a replacement tree on the land. (3) For subsection (2), if the land where the protected tree is located is part of a unit or the common property of a units plan, the decision-maker— (a) in considering the percentage of the land predicted to be covered by tree canopy, may consider the whole parcel of land; and

Canopy contribution agreements Part 2 Section 7A R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in considering the feasibility of planting a replacement tree on the land, may only consider— (i) if the applicant is an owner of a unit in the units plan—the land shown on the units plan as the owner’s unit, including any unit subsidiary annexed to the unit; and (ii) if the applicant is the owners corporation for the units plan—the common property of the units plan.

Part 3 Tree bonds Section 8 page 10 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Tree bonds 8 Tree bond agreements—Act, s 92 (3) The following documents are prescribed: (a) a report stating the condition of the protected tree; (b) a statement setting out— (i) how the applicant proposes to protect the tree from damage (the protection measures); and Examples—protection measures fencing, signage (ii) how the protection measures are in accordance with any government policy relating to tree protection. Example—government policy relating to tree protection tree management plan guidelines 9 Tree bond amount—Act, s 93 (5) (a) (1) The amount of a tree bond is— (a) for a registered tree—the greater of— (i) $3 000; and (ii) 3 times the value of the tree; and (b) for any other tree—the amount decided by the decision-maker. (2) For subsection (1) (b), the amount must be— (a) at least— (i) $3 000; or (ii) if the value of the tree is more than $3 000—the value of the tree; but (b) not more than 3 times the value of the tree.

Tree bonds Part 3 Section 10 R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The value of a tree is worked out as follows: AL − AG + RC AG—see section 7 (1). AL—see section 7 (1). RC—see section 7 (1). 10 Tree bond amount and period—matters decision-maker must and may consider—Act, s 93 (5) (b) (1) This section applies if a decision-maker is deciding— (a) the amount of a tree bond; or (b) the period for which a tree bond has effect. (2) The decision-maker— (a) must take into account the following: (i) for a young tree—the cost of replacing the tree; (ii) whether the applicant for a tree bond agreement has a history of not complying with the Act or the repealed Act; (iii) whether the decision-maker has previously refused to refund the amount of a tree bond to the applicant; and (b) may take into account the following: (i) the condition of the tree to which the tree bond relates; (ii) the risk of damage to the tree, taking into consideration the tree’s species;

Part 3 Tree bonds Section 10 page 12 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) the tree’s proximity to any activity to be carried out for a plan, permit or development mentioned in the Act, section 92 (1) (a). Examples—activities that may be carried out demolition, excavation, construction (3) In this section: repealed Act means the Tree Protection Act 2005.

Dictionary R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • document • in relation to • land • person (see s 160). Note 2 Terms used in this regulation have the same meaning that they have in the Urban Forest Act 2023. For example, the following terms are defined in the Act, dict: • canopy contribution agreement (see s 35 (3)) • decision-maker • development approval • financial settlement • on-site canopy contribution • protected tree (see s 9) • registered tree (see s 10) • tree bond (see s 92 (2) (b)) • tree bond agreement. canopy cover restoration period, for part 2 (Canopy contribution agreements)—see section 5 (1). common property, for part 2 (Canopy contribution agreements)—see the Unit Titles Act 2001, section 13. financial settlement amount, for part 2 (Canopy contribution agreements)—see section 7 (1). home owner, for part 2 (Canopy contribution agreements)—see section 5 (1). owner, in relation to a unit in a units plan, for part 2 (Canopy contribution agreements)—see the Unit Titles Act 2001, dictionary.

Dictionary page 14 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au owners corporation, for a units plan, for part 2 (Canopy contribution agreements)—see the Unit Titles (Management) Act 2011, dictionary. parcel, in relation to a units plan, for part 2 (Canopy contribution agreements)—see the Unit Titles Act 2001, section 5 (b). replacement tree, for part 2 (Canopy contribution agreements)—see section 5 (1). units plan, for part 2 (Canopy contribution agreements)—see the Unit Titles Act 2001, dictionary. unit subsidiary, for part 2 (Canopy contribution agreements)—see the Unit Titles Act 2001, section 12.

Endnotes About the endnotes 1 R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 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

Endnotes 3 Legislation history page 16 Urban Forest Regulation 2023 Effective: 10/09/24 R2 10/09/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Urban Forest Regulation 2023 SL2023-39 notified LR 15 December 2023 s 1, s 2 commenced 15 December 2023 (LA s 75 (1) remainder commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2) as amended by Urban Forest Amendment Regulation 2024 (No 1) SL2024-28 notified LR 9 September 2024 s 1, s 2 commenced 9 September 2024 (LA s 75 (1) remainder commenced 10 September 2024 (s 2) 4 Amendment history Commencement s 2 om LA s 89 (4) Definitions—pt 2 s 5 sub SL2024-28 s 4 def canopy cover restoration period sub SL2024-28 s 4 def common property ins SL2024-28 s 4 def financial settlement amount sub SL2024-28 s 4 def home owner sub SL2024-28 s 4 def owner ins SL2024-28 s 4 def owners corporation ins SL2024-28 s 4 def parcel ins SL2024-28 s 4 def replacement tree ins SL2024-28 s 4 def replacement trees om SL2024-28 s 4 def units plan ins SL2024-28 s 4 def unit subsidy ins SL2024-28 s 4 Canopy contribution agreements—on-site canopy contribution—Act, s 36 (5) (a) s 6 am SL2024-28 s 5, s 6; ss renum R2 LA Canopy contribution agreements—financial settlement—Act, s 36 (5) (b) s 7 am SL2024-28 ss 7-10 Canopy contribution agreements—exemption considerations for home owners—Act, s 39 (3) (b) s 7A ins SL2024-28 s 11

Endnotes Earlier republications 5 R2 10/09/24 Urban Forest Regulation 2023 Effective: 10/09/24 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict am SL2024-28 s 12 def canopy cover restoration period am SL2024-28 s 13 def common property ins SL2024-28 s 14 def home owner am SL2024-28 s 15 def owner ins SL2024-28 s 16 def owners corporation ins SL2024-28 s 16 def parcel ins SL2024-28 s 16 def replacement tree ins SL2024-28 s 16 def replacement trees om SL2024-28 s 17 def units plan ins SL2024-28 s 18 def unit subsidiary ins SL2024-28 s 18 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 R1 1 Jan 2024 1 Jan 2024– 9 Sept 2024 not amended new regulation © Australian Capital Territory 2024

The regulation revolves around a small set of recurrent technical concepts. Each is defined or operationalised in the text, and those definitions determine who pays, who plants, and how bonds are set.

Canopy cover restoration period. The regulation treats this as a central temporal parameter used in projections of canopy gain and loss (see s 5(1) and ss 6(5)(a), 7(4)(c)). The Minister may determine the period by disallowable instrument, which fixes the horizon for comparing AL (amount lost) and AG (amount gained) and for projected canopy area of replacement trees (see ss 6(5)(a), 6(5)(c), 7(4)(c)).
Home owner. For Part 2 purposes the definition is specific: a person is a home owner if they are the lessee of land and provide written evidence that they have been living on the land for at least two years or intend to live there for at least two years, or, for common property, the owners corporation holds the lease and is not itself an applicant or approval-holder for removal of a protected tree (see s 5(1)). The chosen definition makes residency and lessee status the operational criterion for the home-owner special rules.
Replacement tree and on-site canopy contribution. Replacement trees are defined as trees to be planted on the land to replace a removed protected tree as part of an on-site canopy contribution (see s 5(1)). For home owners, the regulation prescribes up to two replacement trees per removed protected tree, with feasibility being the limiting factor (see s 6(1)). For non-home-owners the decision-maker must be satisfied that combined projected canopy area of replacement trees equals the combined canopy area of removed protected trees at the end of the canopy cover restoration period (see s 6(3)).
Financial settlement amount. The regulation prescribes a fixed monetary approach for home owners ($1,200 per protected tree) and a formulaic approach for other applicants ((AL − AG + RC) × ZM) (see s 7(1)). The components AL, AG and RC are defined by cross-reference to s 7(1), and the zone modifier ZM is a Minister-determined variable (see s 7(1)(b), 7(4)(e)). The financial settlement amount can be reduced under specified circumstances, including where replacement trees are planted (see s 7(2)).
Ministerial determinations and disallowable instruments. Several core numeric inputs are left to Ministerial determination: canopy cover restoration period, minimum replacement tree size, projected canopy area, amounts lost and gained, cost of planting, and zone modifiers (see ss 6(5), 7(4), 9(1) and 9(3)). Each such determination is a disallowable instrument, therefore legally effective but subject to legislative scrutiny and potential disallowance under the Legislation Act 2001 (see ss 6(6), 7(5)).
Tree bond and tree bond agreement. The regulation prescribes what documents must accompany a tree bond agreement (a report on tree condition and a statement on protection measures in accordance with government policy, see s 8). It fixes minimums and maximums for tree bond amounts: for a registered tree the bond is the greater of $3,000 and three times the value of the tree; for other trees the decision-maker decides an amount no less than $3,000 (or the tree value if above $3,000) and no more than three times the tree value (see s 9).
Decision-maker considerations. When deciding monetary or temporal parameters for tree bonds, the decision-maker is obliged to have regard to certain matters (applicant compliance history, prior refund refusals, cost of replacement for young trees) and permitted to consider others (condition, species risk, proximity to activities such as demolition/excavation/construction) (see s 10).

Those main concepts interact. The financial settlement formula uses AL, AG and RC, which are settable by Ministerial determination. The zone modifier ZM embeds spatial differentiation tied to the territory plan. The home-owner classification narrows feasibility testing to the unit owner’s parcel or the owners corporation’s common property, which materially affects substitution between on-site planting and payment (see s 6(2), s 7(3), s 7A(3)). The regulation therefore creates a hybrid regime combining fixed, formulaic and discretionary instruments that will be applied by decision-makers and structured by Ministerial instruments.

The regulation affects a clearly defined set of actors. The text itself identifies these parties and supplies operational criteria for when each rule applies.

Lessees who are home owners. Individuals who are lessees and can show written evidence of two years’ residence or an intention to reside for at least two years are treated as home owners for Part 2 canopy contribution rules (see s 5(1)). For these persons the regulation prescribes the specific on-site replacement tree numbers and a flat-dollar financial settlement amount per protected tree, together with reductions for planting and concession card holders (see ss 6, 7).
Owners corporations and unit owners. The regulation explicitly addresses situations where the land is part of a units plan or common property. An owners corporation holding the lease for common property may qualify as a home owner, subject to exclusions (it cannot be an applicant for development approval that removes a protected tree or an approval-holder in such a development) (see s 5(1)). For unit-plan land, feasibility and canopy percentage calculations are constrained to the owner’s unit and any unit subsidiary, or the common property in the case of an owners corporation (see ss 6(2), 7(3), 7A(3)).
Applicants other than home owners. This group includes developers, approval-holders, and other persons entering into canopy contribution agreements under s 35(3) of the Act. For them the financial settlement is worked out using the formula (AL − AG + RC) × ZM, and the decision-maker must be satisfied projected canopy area equality at the end of the restoration period if the applicant pursues on-site contribution rather than a financial settlement (see s 6(3), s 7(1)(b)).
Lessees whose land is in different zones. The regulation uses a zone modifier ZM linked to the territory plan to modify the financial settlement formula (see s 7(1)(b) and s 7(4)(e)). Therefore, applicants with lessee land in different zones face different monetary outcomes depending on the Minister’s zone determinations.
Persons required to provide tree bond documentation. Any applicant for a tree bond agreement must provide a condition report and a statement describing proposed protection measures and how those measures accord with government policy relating to tree protection (see s 8). The examples show that fencing and signage can be protection measures, and that government policy may include tree management plan guidelines.
Applicants asking for tree bond amounts or periods. The decision-maker’s assessment of bond amounts and periods requires consideration of applicant-specific history, the cost of replacing young trees, condition and species risks, and proximity to planned activities. Thus applicants with prior non-compliance, prior refund refusals, or trees close to construction risk higher bonds or longer bond periods (see s 10).
Concession card holders. Commonwealth concession card holders receive a 50 per cent reduction in the financial settlement amount for home owners, after other specified deductions are applied (see s 7(2)(a)(iii) and s 7(6) for definition of Commonwealth concession cards).

The regulation therefore sorts affected parties into distinct buckets that determine whether obligations are prescriptive (home owner flat rates and allowances), formulaic (other applicants using AL/AG/RC/ZM), or discretionary (tree bond amounts and periods influenced by compliance history and site risk). It also confines certain feasibility or canopy-percentage assessments to specified spatial extents when units plans are involved, which means owners of units and owners corporations face different practical options compared with freeholders or sole lessees (see ss 6(2), 7(3), 7A(3)). The Minister’s determinations and the decision-maker’s discretion create points where operational outcomes depend on administrative action and prior precedent.

The regulation establishes specific duties for applicants and obligations on decision-makers, and also creates administrative rights, such as reductions, determinations and the ability to plant replacements.

Duties on applicants and parties

Pay financial settlements when required. Applicants subject to a financial settlement must pay the prescribed amount: for a home owner the base is $1,200 per protected tree subject to specified reductions, and for others the amount is the result of the prescribed formula ((AL − AG + RC) × ZM) (see s 7(1)). The regulation prescribes when and how that amount can be reduced (see s 7(2)-(3)).
Plant replacement trees if seeking reductions or complying with on-site requirements. A home owner who agrees to plant replacement trees qualifies for a $600 reduction per tree, and other applicants who agree to plant replacement trees can reduce their financial settlement by the value of those trees (see s 7(2)(a)(i) and s 7(2)(b)). The size of replacement trees must meet the minimum size determined under s 6(5)(b).
Provide documentation for tree bond agreements. Applicants entering into tree bond agreements must supply a tree condition report and a statement explaining protection measures and their conformity with government policy (see s 8).

Statutory duties on decision-makers

Decide on the feasibility and projected canopy equivalence. For non-home-owner applicants, the decision-maker must be satisfied that projected canopy area of replacement trees equals the combined canopy area of the removed protected trees at the end of the canopy cover restoration period (see s 6(3)). For home owners feasibility informs whether two replacement trees are required and whether reductions apply (see s 6(1), s 6(2)).
Consider prescribed matters for exemptions and bond determinations. The decision-maker must consider set matters when determining exemptions for home owners (s 7A(2)) and when fixing tree bond amounts and periods (s 10(2)(a)). Those necessary considerations include canopy coverage percentage, feasibility of planting, cost of replacing young trees, applicant compliance history, and prior refund refusals.
Set amounts and parameters within statutory bounds. The decision-maker must work within the numeric floors and ceilings set by the regulation for tree bonds and reductions, and the Minister’s determinations will supply values for AL, AG, RC and ZM (see ss 7(4), 9(1)-(2), 10). When a Ministerial determination exists it binds the formula inputs and becomes a parameter for the decision-maker.

Administrative rights and instruments

Applicants may reduce financial settlement by planting replacement trees. The regulation explicitly allows reductions for planting replacements, and those reductions are quantified for home owners and allowed for non-home-owner applicants (see s 7(2)(a)-(b)).
Ministerial determinations are available to set uniform metrics across the Territory. The Minister may determine multiple inputs (canopy cover restoration period, minimum replacement tree size, projected canopy area, AL, AG, RC, ZM), and those determinations are disallowable instruments (see ss 6(5)-(6), 7(4)-(5), 9(1)-(2)). The use of disallowable instruments gives the Minister an administrative route to change numeric inputs without amending the regulation itself, though subject to parliamentary oversight.
Decision-makers have discretion to consider risk and history. When fixing tree bond amount and period, the decision-maker must and may consider a list of items, which confers administrative discretion over bond sizing and duration (see s 10(2)).

Rights and constraints specific to units plans

Spatial limitation on feasibility and canopy percentage calculations. Decision-makers are constrained to consider only the owner’s unit and any unit subsidiary for feasibility and canopy percentage when the applicant is a unit owner, or the common property when the applicant is the owners corporation (see ss 6(2), 7(3), 7A(3)). This is a clear legal limit that affects who can be compelled to plant and where planting can be used to reduce monetary obligations.

Procedural and financial boundaries

Trees classified as registered receive a different bond rule. Registered trees carry a prescribed bond that is the greater of $3,000 and three times the tree value; unregistered trees are subject to a decision-maker-determined amount that must sit between a $3,000 floor (or the value when more than $3,000) and a three-times cap (see s 9).
Concession rights for Commonwealth concession card holders. Eligible card-holders get a 50 per cent reduction on amounts payable by home owners, after other deductions (see s 7(2)(a)(iii) and s 7(6) for card definitions).

The regime therefore places clear monetary duties on applicants and allows planting and concession cards to reduce those duties, while reserving to decision-makers and the Minister the task of specifying the numeric inputs and evaluating feasibility and risk. The concrete statutory constraints on how units-plan land is to be assessed are a central feature that alters obligations for strata-type ownership relative to single-title lessees (see ss 6(2), 7(3), 7A(3)).

The regulation itself contains limited material on penalties and enforcement mechanisms but references statutory architectures that carry enforcement implications. The regulation should be read alongside the Urban Forest Act 2023 for the primary offence and enforcement framework; this regulation prescribes operational inputs rather than creating new offence clauses.

Penalty units. The republication notes that, at the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see republication front matter). That valuation follows the Legislation Act 2001, s 133, and applies to offences against the Urban Forest Regulation and the Act as appropriate.
Decision-maker enforcement role. The regulation repeatedly refers to decisions to be made by a decision-maker under the Act (see ss 6, 7, 8, 9, 10). The enforcement of obligations founded on those decisions (for example, receipt of financial settlement amounts, compliance with tree bond terms, or the planting of replacement trees) will flow from the Act’s administrative enforcement machinery, which is the primary legal vehicle for securing compliance. The regulation itself prescribes documents to be provided and factors the decision-maker must consider when setting bonds and amounts (see ss 8, 10).
Tree bond security and refund considerations. The regulation creates an administrative practice where a tree bond is set and its amount and period can be influenced by the applicant’s history, including whether the decision-maker has previously refused to refund a bond (s 10(2)(a)(iii)). The regulation does not itself create detailed refund procedures, but it makes applicant history a mandatory consideration in bond sizing and period setting (s 10(2)(a)).
Disallowable instruments and parliamentary oversight. Ministerial determinations that set numerical parameters are disallowable instruments (see ss 6(6), 7(5)). The disallowable nature does not directly enforce compliance but provides a parliamentary check on the parameters that underpin enforcement outcomes, such as the amounts required for settlements and bonds.
Prescriptive documentation as a compliance gate. Section 8 prescribes the documents required for agreeing to a tree bond: a condition report and a statement setting out protection measures and their conformity with government policy. These documents operate as compliance preconditions for bond agreements, and the examples in s 8 show how compliance is to be evidenced (fencing, signage, tree management plan guidelines).

What the regulation does not specify in enforcement detail

The regulation does not set criminal penalties for particular misconduct in the text provided, nor does it specify the exact mechanism for bond payment, hold, or refund; these are matters located in the Act. The regulation does set the quantum framework that would be applied in enforcement (the amounts, the bond floors/caps and the decision-maker considerations).
The regulation leaves valuation of AL, AG and RC to Ministerial determinations, which means enforcement outcomes based on those inputs depend on the content and timing of those determinations.

In practice, enforcement will involve administrative steps: the decision-maker sets or accepts a canopy contribution or financial settlement, requires payment or planting, and relies on bond processes and the Act’s enforcement provisions to secure compliance. The assigned penalty unit values provide the currency for any monetary offences referenced in the broader statutory scheme. Practitioners should consult the Urban Forest Act 2023 for the full set of enforcement offences, compliance powers, review rights and refund procedures that sit outside this regulation.

The regulation is embedded in the ACT legislative ecosystem through multiple express cross-references. Its operation is therefore interdependent with other statutes and with administrative instruments.

Urban Forest Act 2023. The regulation is made under the Urban Forest Act 2023 and implements provisions of that Act. Numerous sections of the regulation expressly state that they operate in relation to specific Act provisions (for example, ss 6 and 7 reference Act, s 36(5), and s 7A references Act, s 39(3)(b)). The regulation thus supplies the operational detail necessary to effect statutory duties and powers conferred by the Act.
Unit Titles Act 2001 and Unit Titles (Management) Act 2011. Spatial and ownership questions for strata or units-plan land are resolved by reference to the Unit Titles Act 2001 and the Unit Titles (Management) Act 2011. The regulation borrows definitions and applies limits on feasibility and canopy-percentage assessments to the owner’s unit, any unit subsidiary, and to common property in the case of owners corporations (see s 5 and ss 6(2), 7(3), 7A(3)). This means that parties in strata arrangements must navigate both urban forest requirements and unit titles law when satisfying feasibility or planting obligations.
Planning Act 2023. The term approval-holder is defined by reference to the Planning Act 2023 (see s 5(2)), and s 10(2)(b)(iii) permits the decision-maker to consider the tree’s proximity to activities to be carried out under plans, permits or developments mentioned in the Urban Forest Act, s 92(1)(a). This ties tree-bond risk assessments to planning and construction activities regulated under the Planning Act 2023, which may affect decision-makers’ risk calculations and the consequent bond amounts.
Legislation Act 2001. The regulation relies on the Legislation Act for the legal form and status of notes, the dictionary application, disallowable instruments and editorial changes (see Part 1 notes and references to disallowable instruments in ss 6(6), 7(5)). Ministerial determinations being disallowable instruments make the Legislation Act the procedural vehicle for parliamentary oversight and potential disallowance.
Repealed Tree Protection Act 2005. The regulation references the Tree Protection Act 2005 as the repealed Act in s 10(3), establishing continuity in the policy field and a measure for historical comparison for those familiar with the previous regime.
Territory plan. The zone modifier ZM is expressly tied to the zone where the lessee’s land is located, and zone is defined as an area identified in the territory plan (see s 7(1)(b) and s 7(6) definition). That makes the regulation operationally dependent on the territory plan for spatial differentiation of settlement amounts.
Commonwealth statutes for concession definition. The reduction for Commonwealth concession card holders refers to specified Commonwealth statutes: Social Security Act 1991 (health care card and pensioner concession card), Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 for gold cards (see s 7(6)). This cross-reference imports Commonwealth concession categories into the regime.

Practical interactions and friction points

Strata and planning interplay. For unit-plan land, the limitation that feasibility and canopy-percentage assessments may only consider the owner’s unit or common property creates situations where an owner cannot rely on nearby private land to meet a canopy target, even if that canopy exists immediately adjacent. That interacts with unit titles law and may create intra-strata negotiation needs for owners corporations and owners.
Administrative dependency on Minister’s determinations. The regulation delegates several numeric inputs to Ministerial determination. Until those disallowable instruments are made and published, applicants and decision-makers will lack key operational numbers (AL, AG, RC, ZM, restoration period), which could delay assessment and create uncertainty for planning and budgeting.
Planning activities and bond risk assessment. The decision-maker’s ability to consider proximity to planned activities referenced under the Planning Act 2023 links bond sizing to future construction and demolition plans. This embeds planning risk into bond outcomes and could incentivise applicants to present detailed project sequencing and risk mitigation to keep bonds lower.

Overall, the regulation is designed to sit within existing statutory architectures for planning, unit titles and administrative law. The practical effectiveness of the regime depends on coordination with the Minister’s determinations, the content of the territory plan (zones), and unit-titles arrangements that constrain feasible planting options.

The regulation was made as the Urban Forest Regulation 2023 (SL2023-39) and has undergone at least one substantive amendment recorded in the republication endnotes. The republication and amendment history provide dates, amendment instruments and the provisions affected.

Original instrument and commencement. Urban Forest Regulation 2023 SL2023-39 was notified on the legislation register on 15 December 2023. Sections 1 and 2 commenced 15 December 2023, while the remainder commenced on 1 January 2024 (see Legislation history in endnote 3).
Amendment SL2024-28. The regulation was amended by the Urban Forest Amendment Regulation 2024 (No 1) SL2024-28. This amending instrument was notified on the legislation register on 9 September 2024, with sections 1 and 2 commencing on 9 September 2024 and the remainder commencing on 10 September 2024 (see endnote 3).
Scope of amendments. The amendment history details which parts were substituted or inserted by SL2024-28:
- Section 5 (Definitions,pt 2) was substituted and expanded to add definitions including canopy cover restoration period, common property, financial settlement amount, home owner, owner, owners corporation, parcel, replacement tree, units plan, and unit subsidiary (see Amendment history notes).
- Section 6 (Canopy contribution agreements,on-site canopy contribution) was amended and sections were renumbered in the republication.
- Sections 7 to 10 were amended or inserted: section 7 (financial settlement) was amended (ss 7-10 in SL2024-28), section 7A (exemption considerations for home owners) was inserted by SL2024-28 s 11, and section 8 (tree bond agreements), s 9 (tree bond amount) and s 10 (bond amount and period considerations) reflect the amended structure.
- The Dictionary was amended to reflect these definitional changes in s 12 of SL2024-28 and subsequent renumbering updates in the republication endnotes.
Editorial changes. The republication notes that some editorial amendments may have been made under the Legislation Act 2001, part 11.3; those are formal changes that do not alter effect but are recorded in the endnotes where applicable (see About this republication).
Commencement adjustments. Section 2 had an omission (om LA s 89(4)) recorded in the amendment history, and the effective dates of various sections follow the amending instrument’s commencement schedule.

What the amendment history signals about policy movement

Substantive expansion of definitions and a new section 7A show the regime was refined after initial enactment to clarify home-owner treatment, unit-titles interaction, and to provide explicit procedural matters for exemptions (see ss 5, 7A). The inclusion of unit titles terms and additional definitions indicates a legislative focus on strata ownership contexts.
The fact that numerous numeric inputs are delegated to Minister determinations in the regulation itself, rather than being fixed in the initial instrument, suggests further operational detail was intended to be provided by subsequent administrative instruments, rather than by frequent subordinate legislation amendments.

For legal practice and compliance, key dates to note are the initial commencement on 1 January 2024 and the amendment becoming effective on 10 September 2024; practitioners should ensure they refer to the correct republication and check whether Ministerial determinations required by the regulation have been made and published as disallowable instruments under the Legislation Act 2001.

The regulation’s text and endnotes do not record any litigation or judicial decisions. The statutory text itself contains no references to cases, judicial interpretations, or dispute resolution outcomes. The only historical statutory reference is to the repealed Tree Protection Act 2005, which is listed as the repealed Act in s 10(3).

Practically, the absence of recorded litigation in the text means the following:

There are no reported cases cited in the regulation that shape or interpret its provisions. Any legal uncertainty about the regulation’s application will be resolved either administratively by decision-makers under the Urban Forest Act 2023 or, if taken to court, would generate fresh case law.
Given the heavy reliance on Ministerial determinations (disallowable instruments) and decision-maker discretion in assessing feasibility, canopy equivalence and bond sizing, disputes are likely to arise over the application of those determinations and the exercise of administrative discretion rather than over the regulation’s fixed formulas. Disputes could concern the interpretation of AL, AG and RC where Ministerial determinations provide values, or the proper geographic scope of feasibility assessments for units-plan land.
The regulation builds in review pathways implicitly by virtue of the Act’s administrative structure and by subjecting Ministerial determinations to parliamentary disallowance; however, the regulation itself does not set out merits review or judicial review processes. Those rights, if any, will be in the Urban Forest Act 2023 and general administrative law remedies.
Practitioners should monitor the courts and administrative tribunals for cases that challenge the decision-maker’s use of discretion (for example, whether a decision-maker properly considered applicant compliance history, feasibility assessments, or the reasonableness of a bond amount), because such cases would be the primary source of interpretive guidance not contained in the regulation itself.

In short, as of the republication date there is no litigation history embedded in the regulation. For commercial or development actors, the likely early points of contention are decisions taking place under the regime: bond amounts, refunds, determinations of feasibility for replacement planting, and application of zone modifiers. Legal advisers should be ready to engage administrative review routes under the Act or judicial review in the general law if disputes arise.

The regulation contains a number of specific features that can catch practitioners and applicants unprepared. These items are mechanical in the text, but their practical implications are significant.

Home owner definition is residency-based and limited to lessees. The special home-owner regime applies to lessees who can show two years’ residence or an intention to live on the land for two years (s 5(1)). This excludes freehold owners unless they meet the textual criteria; the definition is not the generic property-owner concept. Practitioners should verify lessee status and collate written evidence of residency or intended residency to qualify for home-owner treatment.
Owners corporation qualification has exclusions. An owners corporation holding a lease for common property can be a home owner, but it is excluded if it is an applicant for development approval or an approval-holder in a development that involves removal of a protected tree (s 5(1)). This creates a potential trap where an owners corporation’s own development activity precludes it from benefiting from the owners-corporation exception, and counsel should check whether an owners corporation is an applicant or approval-holder.
Spatial limits for units-plan land. Feasibility and canopy percentage assessments for owners of units and owners corporations are confined to particular spatial parcels: if the applicant is a unit owner the decision-maker may only consider the land shown as the owner’s unit (and any subsidiary); if the applicant is the owners corporation the decision-maker may only consider common property (ss 6(2), 7(3), 7A(3)). The practical consequence is that a unit owner cannot rely on adjacent shared garden or neighbouring private land to meet a feasibility test or canopy threshold. Developers or applicants who assume a broader spatial calculation will face rejection or a higher financial settlement.
Ministerial determinations required for numeric inputs. The formula for non-home-owner financial settlements depends on AL, AG, RC and ZM, all of which the Minister may determine (s 7(4)). Until those determinations are made, applicants and decision-makers lack key numbers. This creates administrative uncertainty and a potential delay risk. Practitioners must check whether relevant determinations exist before advising on expected settlement amounts.
Zone modifier introduces spatial disparity. The ZM multiplies the formula by a zone modifier for the zone where the lessee’s land is located (s 7(1)(b) and s 7(4)(e)). The territory plan’s zones therefore translate directly into different settlement outcomes for identical trees in different zones. This may create surprises for applicants who assumed uniform treatment across the Territory.
Fixed dollar treatment for home owners can be generous or punitive depending on tree value. Home owners face a $1,200 per protected tree financial settlement (s 7(1)(a)), but can reduce it by $600 per replacement tree planted, a further $600 per replacement tree for 30 per cent canopy presence, and a 50 per cent concession for Commonwealth concession card-holders after other deductions (s 7(2)). The layered reductions can dramatically change the net amount, but the exact applicability of the 30 per cent canopy deduction requires a predicted canopy coverage assessment, which may be technical and contested.
Tree bond floors and caps may produce high bonds for valuable trees. For registered trees, the bond is the greater of $3,000 and three times the value of the tree (s 9(1)(a)). For other trees the decision-maker must set amounts at least $3,000 or the tree’s value if over $3,000 and not more than three times the tree’s value (s 9(2)). Where tree valuations are high, bonds can multiply quickly. The regulation uses the same AL − AG + RC formula for tree value (s 9(3)), tying the risk of high bonds to the Ministerial determinations of AL, AG and RC.
Applicant history is a mandatory factor for bonds. The decision-maker must consider whether the applicant has a history of non-compliance and whether a prior refund has been refused (s 10(2)(a)(ii)-(iii)). Applicants with prior adverse interactions face material financial consequences, and this turns the bond regime partially into a compliance-penalty mechanism.
Documentation requirement can be specific. A tree bond agreement requires a condition report and a statement about protection measures and conformity with government policy (s 8). The regulation’s examples (fencing, signage and tree management plan guidelines) suggest expectation of formal plans and industry-standard protections. Incomplete or informal documentation risks refusal to accept a bond agreement.
Definitions and cross-references are dense. The Dictionary and multiple cross-references to other Acts mean that a compliance check must include the Unit Titles Act 2001, the Planning Act 2023, the Unit Titles (Management) Act 2011 and the Legislation Act 2001 for interpretive guidance. Missing a cross-reference could lead to incorrect advice on spatial applicability or administrative procedure.
Disallowable instruments can change key inputs without further regulation amendment. Because AL, AG, RC, the restoration period, minimum replacement tree size, projected canopy area and ZM are Ministerially determinable and are disallowable instruments, their content can change operational parameters rapidly once instruments are made. Practitioners must monitor the disallowable instrument register to keep client advice current.

These gotchas highlight operational pitfalls: qualification tests, spatial constraints, dependence on yet-to-be-made Ministerial determinations, potential for high bond amounts tied to tree valuations, and mandatory consideration of applicant history. To avoid adverse surprises, applicants and advisers should obtain the Minister’s determinations, secure required documentation up-front, and check the units-plan legal boundaries before committing to on-site planting or agreeing to financial settlement figures.

Compliance under this regulation is a mix of meeting documentary and planting obligations, understanding eligibility for reduced payments, and engaging with Ministerial determinations and decision-makers. The following practical steps follow directly from the regulation text.

Establish applicant classification early

Determine whether the applicant is a home owner as defined. Collect and submit written evidence of lessee status and residency for at least two years or proof of intended residence for at least two years (s 5(1)). If a strata situation applies, identify whether the applicant is a unit owner or the owners corporation and whether the owners corporation is excluded by being an applicant or approval-holder for relevant development (s 5(1)).
If not a home owner, treat the application as a non-home-owner case subject to the formula and the canopy equivalence requirement (s 6(3), s 7(1)(b)).

Check Ministerial determinations and the territory plan

Before advising on expected financial settlement amounts or replacement quantities, confirm whether the Minister has published determinations for AL, AG, RC, the canopy cover restoration period, minimum replacement tree size, projected canopy area and zone modifiers (ss 6(5), 7(4), 9(1)). These are disallowable instruments and will materially affect calculations.
Identify the relevant zone for the lessee’s land in the territory plan to find the applicable ZM (s 7(1)(b) and s 7(4)(e)). Different zones will produce different multipliers.

Evaluate on-site feasibility and canopy calculations

For home owners, prepare to justify feasibility for planting up to two replacement trees per removed protected tree. The decision-maker will only count as many as is feasible, up to two (s 6(1)). Ensure planting plans meet any minimum size requirements set by the Minister (s 6(4)-(5)(b)).
For non-home-owners, prepare canopy area projections showing that the combined projected canopy area of replacement trees will equal the combined canopy area of the removed trees at the end of the canopy cover restoration period (s 6(3)). Use the restoration period determined by the Minister (s 6(5)(a)).

Prepare planting and cost evidence

When proposing on-site planting to reduce financial settlement, document the number, species, location and projected canopy area of replacement trees. Ensure replacement trees meet the Minister’s minimum size and projected canopy area at the restoration period (ss 6(4)-(5)(b)-(c), 7(4)(b)-(c)).
For non-home-owners, gather evidence supporting the AL, AG and RC elements of the formula; while the Minister may set these amounts, site-specific evidence may still be required to support any applications or negotiations with the decision-maker (s 7(1)(b), s 9(3)).

Use planting to reduce monetary obligations

Home owners receive a $600 reduction for each replacement tree they agree to plant under an on-site contribution, and an additional $600 reduction per replacement tree if the decision-maker is satisfied that at least 30 per cent of the land is covered by canopy when the application is made and it is not feasible to plant the replacement (s 7(2)(a)(i)-(ii)). Make a clear case for feasibility and canopy percentage under s 7A(2) when relevant.
Non-home-owners can reduce the financial settlement by an amount equal to the value of replacement trees they agree to plant (s 7(2)(b)). Value calculations will hinge on AL, AG and RC as determined.

Provide required tree bond documentation

If a tree bond agreement is required, supply a condition report stating the tree’s condition and a statement setting out protection measures and how those measures accord with government policy (s 8). Examples such as fencing and signage are provided; align protection measures with published tree management plan guidelines or equivalent government policy (s 8).
Anticipate that the decision-maker will consider applicant compliance history and may set higher bonds or longer periods if there is prior non-compliance or prior refusal to refund a bond (s 10(2)(a)(ii)-(iii)). Provide evidence of compliance history and any remediation measures.

Plan for tree bond quantum and period

For registered trees, expect a bond equal to the greater of $3,000 and three times the tree value (s 9(1)(a)). For other trees, expect a decision-maker-set amount subject to statutory minimums and a three-times cap tied to tree value (s 9(2)). Use the AL − AG + RC formula (s 9(3)) to model likely bond sizes, using any published Ministerial determinations.
Provide evidence on the tree’s condition, species risk and proximity to planned activities (s 10(2)(b)) to influence bond sizing downward where appropriate.

Check eligibility for concession reductions

If the home owner holds an eligible Commonwealth concession card, apply the 50 per cent reduction to the financial settlement after other deductions are made (s 7(2)(a)(iii) and s 7(6)). Verify card type against the statutory list in s 7(6) and secure copies of the concession card as evidence.

Document and record all dealings with decision-makers

Keep formal submissions, feasibility studies, planting plans, invoices for planting costs, and correspondence about Ministerial determinations. Given the decision-maker’s discretion in assessing compliance history and feasibility, a robust documentary record reduces the risk of adverse bond outcomes or disputes.

Monitor for changes and potential disallowance

Monitor the disallowable instruments register and the Legislative Assembly’s disallowance procedures. Because several operational parameters are Ministerial determinations designated as disallowable instruments (ss 6(6), 7(5)), published determinations could change the financial calculus. If a Ministerial determination is disallowed, practitioners will need to reassess obligations accordingly.

Following these steps will align applicants with the regulation’s procedural and substantive requirements. Practical compliance hinges on early classification, timely verification of Ministerial determinations, careful spatial analysis for units-plan land, and precise documentation of planting plans, protection measures and concession entitlements.

Urban Forest Regulation 2023

Plain English Summary

Deep Dive

What it does

Current sections

Urban Forest Regulation 2023

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply