Australian Capital Territory Current Acts

URBAN FOREST ACT 2023 - SECT 11

    (1)     In this Act:

"regulated tree" means—

        (a)     a living tree on leased land that—

              (i)     is at least 8m high; or

              (ii)     has a canopy at least 8m wide; or

              (iii)     has 1 trunk that, 1.4m above natural ground level, has—

    (A)     a circumference of at least 1m; or

    (B)     a diameter of at least 318mm; or

              (iv)     has 2 or more trunks and, 1.4m above natural ground level, the average circumference of the trunks is at least 625mm, and—

    (A)     the sum of the circumferences of each trunk is at least 1m; or

    (B)     the sum of the diameters of each trunk is at least 318mm; or

              (v)     regardless of the size of the tree—has been planted for not more than 5 years—

    (A)     under a canopy contribution agreement; or

    (B)     in accordance with a tree protection condition of a development approval; or

        (b)     a dead native tree on leased land that, 1.4m above natural ground level, has a trunk with—

              (i)     a circumference of at least 1.88m; or

              (ii)     a diameter of at least 600mm.

    (2)     However, a tree is not a regulated tree if it is—

        (a)     a pest plant under the Pest Plants and Animals Act 2005

; or

        (b)     a registered tree.

    (3)     In this section:

"circumference" of a trunk—

        (a)     includes bark that is intact but does not include vines; and

        (b)     is measured using a measuring tape wrapped around the tree meeting at 2 points.

"native plant"—see the Nature Conservation Act 2014

, section 14.

"native tree" means a tree that is—

        (a)     a native plant; and

        (b)     at least 2m high.