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planning development and infrastructure (regulated trees) amendment bill 2020

South Australia

Planning, Development and Infrastructure (Regulated Trees) Amendment Bill 2020

A BILL FOR

An Act to amend the Planning, Development and Infrastructure Act 2016

, and to make a related amendment to the Development Act 1993

.

Contents

Part 1—Preliminary

1Short title

2Commencement

3Amendment provisions

Part 2—Amendment of Planning, Development and Infrastructure Act 2016

4Insertion of section 102A

102AAssessment requirements—regulated trees

Schedule 1—Related amendment to Development Act 1993

1Insertion of section 33A

33AAssessment requirements—regulated trees

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Planning, Development and Infrastructure (Regulated Trees) Amendment Act 2020.

2—Commencement

This Act comes into operation 1 month after the day on which it is assented to by the Governor.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Planning, Development and Infrastructure Act 2016

4—Insertion of section 102A

After section 102 insert:

102A—Assessment requirements—regulated trees

(1) If a proposed development involves a component that provides for an activity that constitutes a tree-damaging activity (in relation to a regulated tree) at a site, a development authorisation cannot be granted in relation to the tree-damaging activity unless all components of the proposed development at the site that cannot be undertaken unless the tree-damaging activity occurs are authorised by a development authorisation.

(2) Subsection (1)

does not apply to a tree-damaging activity that must be undertaken in relation to a regulated tree to protect any person or building.

Schedule 1—Related amendment to Development Act 1993

1—Insertion of section 33A

After section 33 insert:

33A—Assessment requirements—regulated trees

(1) If a proposed development involves a component that provides for an activity that constitutes a tree-damaging activity (in relation to a regulated tree) at a site, a development authorisation cannot be granted in relation to the tree-damaging activity unless all components of the proposed development at the site that cannot be undertaken unless the tree-damaging activity occurs are authorised by a development authorisation.

(2) Subsection (1)

does not apply to a tree-damaging activity that must be undertaken in relation to a regulated tree to protect any person or building.

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