Australian Capital Territory Current Acts Australian Capital Territory Current ActsThe following notes provide a simplified outline of this part and the Planning Act 2023
, chapter 7 (Development assessment and approvals).
Note 1 Certain development applications to be referred to conservator
The territory planning authority may be required to refer a development application to the conservator (see Planning Act 2023
, s 170 and s 171).
Note 2 Conservator to give advice about development application
The conservator gives advice to the territory planning authority, within the prescribed number of days, in relation to tree protection and the development (see Planning Act 2023
, s 172). The conservator may also give the authority advice about tree protection on land subject to development under this Act, s 107.
Note 3 Development approvals subject to tree protection conditions
An approval for a development that includes works in a declared site or the protection zone of a protected tree must include a condition that the development comply with any applicable tree protection conditions, which may include a tree management plan, a canopy contribution agreement, and a tree bond agreement (see Planning Act 2023
, s 187 (1) (f)).
Note 4 Conservator's advice to be considered
The conservator's advice must be considered by the decision-maker in deciding a development application referred to the conservator (see Planning Act 2023
, s 186 (i), s 189 and s 190).
Note 5 Approvals inconsistent with conservator's advice
A development approval that is inconsistent with the conservator's advice in relation to a regulated tree or a public tree may be given by the decision-maker in certain circumstances (see Planning Act 2023
, s 190 (1) (a) (i)).
A development approval that is inconsistent with the conservator's advice in relation to a registered tree, remnant tree or declared site may only be given by the Minister in certain circumstances for a territory priority project (see Planning Act 2023
, s 190 (1) (a) (ii)).