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).
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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
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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
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Australian Capital Territory
Urban Forest Regulation 2023
made under the
Urban Forest Act 2023
Part 1 Preliminary
Section 1
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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
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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
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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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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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
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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
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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
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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