South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 4—Interpretation
(1) Section 4(1),
definition of "development", (fa)—delete paragraph (fa) and substitute:
(fa) in
relation to a regulated tree—any tree-damaging activity; or
(2)
Section 4(1)—after the definition of "the Registrar-General insert:
"regulated tree" means—
(a) a
tree, or a tree within a class of trees, declared to be regulated by the
regulations (whether or not the tree also constitutes a significant tree under
the regulations); or
(b) a
tree declared to be a significant tree, or a tree within a stand of trees
declared to be significant trees, by a Development Plan (whether or not the
tree is also declared to be a regulated tree, or also falls within a class of
trees declared to be regulated trees, by the regulations);
(3) Section 4(1),
definition of "significant tree —delete the definition and substitute:
"significant tree" means—
(a) a
tree declared to be a significant tree, or a tree within a stand of trees
declared to be significant trees, by a Development Plan (whether or not the
tree is also declared to be a regulated tree, or also falls within a class of
trees declared to be regulated trees, by the regulations); or
(b) a
tree declared to be a regulated tree by the regulations, or a tree within a
class of trees declared to be regulated trees by the regulations that, by
virtue of the application of prescribed criteria, is to be taken to be a
significant tree for the purposes of this Act;
(4) Section 4(1),
definition of "tree-damaging activity —after "health and appearance of a
tree" insert:
or that is excluded by regulation from the ambit of this definition
(5)
Section 4—after subsection (8) insert:
(9) For the purposes
of this Act, any plant that is commonly known as a palm will be taken to be a
tree.
(10) For the purposes
of this Act, a stand of trees is a group of trees that form a relatively
coherent group by virtue of being of the same or a similar species, size, age
and structure.