South Australian Numbered Acts

DEVELOPMENT (REGULATED TREES) AMENDMENT ACT 2009 (NO 56 OF 2009) - SECT 9

9—Amendment of section 42—Conditions

Section 42—after subsection (3) insert:

        (4)         Subject to subsections (6) and (8), if a development authorisation provides for the killing, destruction or removal of a regulated tree or a significant tree, the relevant authority must apply the principle that the development authorisation be subject to a condition that the prescribed number of trees (of a kind determined by the relevant authority) must be planted and maintained to replace the tree (with the cost of planting to be the responsibility of the applicant or any person who acquires the benefit of the consent and the cost of maintenance to be the responsibility of the owner of the land).

        (5)         A tree planted under subsection (4) must satisfy any criteria prescribed by the regulations (which may include criteria that require that any such tree not be of a species prescribed by the regulations).

        (6)         The relevant authority may, on the application of the applicant, determine that a payment of an amount calculated in accordance with the regulations be made into the relevant fund in lieu of planting 1 or more replacement trees under subsection (4) (and the requirements under subsection (4) will then be adjusted accordingly).

        (7)         For the purposes of subsection (6), the "relevant fund is—

            (a)         unless paragraph (b) applies—an urban trees fund for the area where the relevant tree is situated;

            (b)         if—

                  (i)         the relevant authority is a council and an urban trees fund has not been established for the area where the relevant tree is situated; or

                  (ii)         the relevant authority is the Development Assessment Commission,

the Planning and Development Fund.

        (8)         Subsections (4) and (6) do not apply if—

            (a)         the relevant tree is of a class excluded from the operation of those subsections by the regulations; or

            (b)         the relevant authority determines that it is appropriate to grant an exemption under this subsection in a particular case after taking into account any criteria prescribed by the regulations and the Minister concurs in the granting of the exemption.