Australian Capital Territory
Heritage (Decision about Provisional Registration of the Pin Oak, Griffith) Notice 2011 - 
Notifiable Instrument NI2011−629
made under the
Heritage Act 2004 s34 Notice of decision about Provisional Registration

1.	Name of instrument
This instrument is the Heritage (Decision about Provisional Registration of the Pin Oak, Griffith)  Notice 2011 - 

2.	Commencement
This instrument commences on the day after notification.

3.	Notice of Decision
Pursuant to Section 32 of the Heritage Act 2004 the ACT Heritage Council has decided not to provisionally register the Pin Oak, Griffith to the ACT Heritage Register.

…………………………….
Mr Gerhard Zatschler
Secretary
ACT Heritage Council
GPO Box 158
Canberra ACT 2601
        
20 October 2011

STATEMENT OF REASONS

DECISION NOT TO PROVISIONALLY REGISTER PIN OAK AT 13 WELLS GARDENS
(Block 18 Section 26 Griffith) 
IN THE ACT HERITAGE REGISTER

Background
The Pin Oak at 13 Wells Gardens, Griffith was nominated to the ACT Heritage Register on 
6 November 2000.

At Meeting # 39 on 20 October 2011 the ACT Heritage Council endorsed a Statement of Reasons which does not find the Pin Oak eligible for provisional registration.

Assessment
Section 3A(1) of the Heritage Act 2004, notes that the ACT Heritage Council (the Council) must not register an individual tree in a built up urban area unless it forms part of the heritage significance of a place.

The Tree Protection Act 2005 includes provision for the protection of trees of heritage significance in built-up urban areas. For trees of heritage significance, it provides for the Heritage Council to be told about approved activities, tree management plans and provisional registration under that Act. It also provides for the Heritage Council’s advice to be taken into account in deciding whether to register a tree of heritage significance under that Act.

A key objective of the Tree Protection Act 2005 is to protect individual trees of exceptional qualities within the urban area because of natural or cultural values or their contribution to the urban landscape.

Description
The Pin Oak is located in the rear yard of 13 Wells Gardens, Griffith. While the tree may form part of the significance of a larger heritage place, on its own it does not, and the only nomination before the Council is for the tree itself. That is, there is no nomination for a larger heritage place of which this tree might form part.

Conclusion
This Statement of Reasons finds that the Pin Oak at 13 Wells Gardens, Griffith must not be registered by the ACT Heritage Council in accordance with Section 3A(1) of the Heritage Act 2004. 

The Council recommends that this tree be nominated for registration in accordance with the provisions of the Tree Protection Act 2005.

Gerhard Zatschler (Secretary)
ACT Heritage Council

 20 October 2011