The ACT Government will focus on working with community and industry to raise awareness of what is changing under the new legislation and how it affects residents and businesses, as well as building a new IT system to implement the reform.
The community and stakeholders were invited to provide submissions on the Draft Urban Forest Bill from April 21, 2022, to June 2, 2022. During the six-week consultation 66 submissions were received in total, including 26 submissions from organisations representing diverse sectors and interests.
A What We Heard Report which summarises the key themes from the consultation is now available.
Feedback received during the consultation helped refine the Urban Forest Bill 2022, which was introduced in the Legislative Assembly on Wednesday August 3, 2022. The Standing Committee on Planning, Transport and City Services then undertook an inquiry into the Bill.
Shared responsibility
Following an extensive review of the Tree Protection Act 2005 and introduction of the ACT Urban Forest Strategy, the ACT Government is introducing new legislation to further strengthen and improve how it manages trees. The proposed new Urban Forest Bill 2022 will repeal and replace the Tree Protection Act 2005 to improve tree protection on both public and private land, and encourage shared care of trees by the ACT Government, industry and the community.
The draft Bill proposes keeping and expanding the main elements of the Tree Protection Act 2005, including protection for large trees on private land (regulated trees), the ACT Tree Register (which recognises exceptional trees) and penalties for those who damage trees without approval. The tree damage application process and criteria for tree removal would be updated to provide greater clarity and streamline the approval process.
Canberrans will be encouraged to consider different sustainable design options when building new structures to safely retain mature trees for current and future generations. The Bill also proposes introducing a tree bond scheme and a canopy contribution framework to ensure trees are protected, and that when trees are removed, they are replaced.
Community and industry feedback received during the review of the Tree Protection Act 2005 was used in the development the Draft Urban Forest Bill.
Changes
Feedback received during the consultation helped refine the Urban Forest Bill 2022, and some of the changes to the Bill as a result of feedback include:
• Transitional provisions have been improved to assist industry to adjust to the new elements introduced by the Bill
• Exemptions from the canopy contribution framework will apply automatically for applicants who receive approval to remove a tree under urgent circumstances, to remove a dead tree, or to remove a tree where replanting advice has been issued under the Heritage Act 2004 to streamline the exemption process
• Reporting and review requirements have been updated to include a review of the Act after it has been in operation for two years, this will ensure progress towards protecting the urban forest is measured, and
• Extra safeguards have been added, including clear review rights for representative Aboriginal organisations on cultural trees and clear statements that offences will not apply where a person could not comply with the law due to a reasonable excuse. This will uphold cultural rights and offer fair and reasonable treatment to all.
Feedback from the consultation is also helping inform how the ACT Government will administer the new legislation and assist industry and the wider community to adapt to the changes.
legislation to further strengthen and
improve how it manages trees.