Australian Capital Territory Current Acts Australian Capital Territory Current Acts(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.
Examples
scarred trees, modified trees
"Aboriginal object", in relation to a tree—see the Heritage Act 2004
"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
"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
"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
"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
"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.
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.
|
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 |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
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 awaiting commencement
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))
Commencement
s
2 om LA s 89 (4)
Dictionary
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
Application for approval of tree damaging
etc activity
s 21 am A2024-49
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
Decision on approval
application—canopy contribution
agreements
s 35 am A2023-52
amdt 1.74, amdt 1.75; A2024-49
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
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)
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)
Dictionary
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
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– |
A2023-52 |
new Act and amendments by A2023-52
© Australian
Capital Territory 2024