Australian Capital Territory Current Acts

URBAN FOREST ACT 2023 - SECT 35

    (1)     This section applies if—

        (a)     a person applies for approval to remove a protected tree under section 21 (1) (a); and

        (b)     the decision-maker in relation to the protected tree approves the removal of the tree under section 28.

    (2)     This section also applies if—

        (a)     a person applies under the Planning Act 2023

, chapter 7 (Development assessment and approvals) for approval of a development that proposes to remove a protected tree; and

        (b)     the territory planning authority approves the development proposal in accordance with the Planning Act 2023

.

Note     For a simplified outline of this Act, pt 6 (Development applications—conservator's advice) and the Planning Act 2023

, ch 7 (Development assessment and approvals), see s 106.

    (3)     The applicant must enter into an agreement (a  canopy contribution agreement ) with the decision-maker in relation to the tree's removal.

Note     The decision-maker in relation to a protected tree that is proposed to be removed in accordance with a development approval is the territory planning authority.

    (4)     However, the applicant need not enter into a canopy contribution agreement if—

        (a)     the decision-maker is satisfied that—

              (i)     the tree to which the application relates is planted in a group of trees and removal of the tree would benefit the health of the other trees in the group; or

              (ii)     the circumstances of the application require the tree to be removed urgently to protect the health or safety of people or animals, or public or private property; or

        (b)     the approval relates to a public tree and an administrative unit has—

              (i)     approved the removal of the tree at the applicant's cost; and

              (ii)     stated, in writing, that the tree would be removed by the administrative unit as part of an activity authorised under section 19; or

        (c)     the tree to which the approval relates is dead; or

        (d)     the tree to which the approval relates is subject to advice given to the conservator by the heritage council or a representative Aboriginal organisation under the Heritage Act 2004

, part 10A (Tree damaging activity etc).

Note     An applicant may also apply to the decision-maker for an exemption from the requirement to enter into a canopy contribution agreement (see  s 39).