AUSTRALIAN CAPITAL TERRITORY

TREE PROTECTION (INTERIM SCHEME) ACT 2001

DETERMINATION OF CRITERIA FOR APPROVAL TO UNDERTAKE A TREE DAMAGING ACTIVITY

EXPLANATORY STATEMENT

DI2003–5

This Determination is made under section 12(1) of the Tree Protection (Interim Scheme) Act 2001 (the Act).

The purpose of the criteria listed in schedule 1 are to:

•	establish the circumstances in which an application to undertake a tree damaging activity may be approved by the Conservator;

•	guide the Conservator of Flora and Fauna in deciding an application to undertake a tree damaging activity; and

•	guide the Advisor to the Conservator in providing advice to the Conservator on applications to undertake a tree damaging activity.

This Instrument supersedes Instrument 60 of 2001 following amendments to several of the criteria in Schedule 1.  Additional changes to Schedule 1 have been made to improve the assessment of development options (section 4) and enable the Conservator to consider the landscape relative importance of a tree in the landscape.  Reference to Schedule 2 has also been added.  Schedule 2 is a list of trees species that are problematic when grown on residential blocks.  This list is derived from the experience of the past 18 months of administering the Tree Protection (Interim Scheme) Act 2001.  Examples of species and why included on the list are:

•	the Blue Gum (Eucalyptus bicostata). This tree is problematic given its rapid growth, large mature size and has a propensity to develop internal decay, and  

•	the Narrow leaf Peppermint (Eucalyptus nicholii) is fast growing and develops poor structure becoming hazardous at a relatively young age.  .  

The changes are intended to improve the effectiveness of the Tree Protection (Interim Scheme) Act 200, provide greater certainty to leaseholders and improve the efficiency of administering the Act.  

The determination is a disallowable instrument within the meaning of section 9 of the Legislation Act 2001.