The ACT Government has introduced new laws to better protect Canberra’s trees from unsustainable development and help retain and grow our tree canopy for future generations.
The new Urban Forest Bill 2022 will repeal and replace the Tree Protection Act 2005, which only applies to leased land. This will improve tree protection on both public and private land and encourage the shared care of Canberra’s trees.
The current criteria for approving tree damaging activity (including removal) will remain largely the same; the proposed changes in the new legislation introduce a tree bond scheme and establish the Canopy Contribution Framework. The Canopy Contribution Framework will not apply to dangerous trees which pose an immediate threat to safety.
“The 2021 Census confirmed Canberra is growing at a faster rate than anticipated, and there are more people wanting to move and live in our city than ever before,” Chris Steel, Minister for City Services, said.
“With the rapid growth of the city, there will be more development across the ACT, and we want to keep what we love about our city by protecting our trees, planting more, and ensuring they have the room to grow.”
Protecting and growing Canberra’s tree canopy would retain the city’s character; make it more resilient to a changing climate by reducing the urban heat island effect; and disincentivise property developers from removing or damaging trees, encouraging more sustainable building design practices, Mr Steel said.
For the first time in Canberra, if a tree meets the criteria and is approved for removal, more trees must be planted to replace the lost canopy cover.
Tree bonds will also send developers a strong financial message that they must protect valuable trees close to construction sites.
The government has committed to plant 54,000 new trees across Canberra by 2024, and to a 30 percent tree canopy cover or equivalent by 2045. Key changes in the Bill include:
• All trees on public land will now be regulated, regardless of their size
• More trees on private land will be regulated. All trees that are more than 8 metres tall, have a canopy over 8 metres wide, or have a trunk circumference of more than 1.4m could be covered by the Bill (down from 12 metres tall, or with a canopy 12 metres wide in the current Act)
• A new Canopy Contribution Framework will ensure that when regulated trees are removed, they must be replaced through new planting. If new planting is not possible, a financial contribution (determined by a tree valuation formula) must fund the planting and maintenance of trees nearby.
• Homeowners’ replanting requirements or financial contribution will be a set rate. Property developers’ replanting requirement or financial contribution will depend on the size and location of the tree they seek to remove, and will increase depending on the zoning of the land they are developing. Tree removal in higher density areas will require more replanting (or higher financial contribution).
• A tree bond system will protect trees that could be damaged by nearby development. A financial value will be placed on the trees, paid as a bond.
This legislation follows an extensive review into the Tree Protection Act 2005, and implements actions of the ACT Urban Forest Strategy 2021-2045, which was developed following consultation.
There was extensive consultation on this bill. To view the listening report, visit: www.yoursayconversations.act.gov.au.
