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New laws have been introduced by the ACT Government to better protect Canberra’s trees from unsustainable development and to help retain and grow their tree canopy for future generations. The new laws also aim to disincentivise property developers from removing or damaging trees, encouraging more sustainable building design practices.

The legislation follows an extensive review into the Tree Protection Act 2005 and implements actions of the of the ACT Urban Forest Strategy 2021-2045 – which was developed following consultation.

The ACT Government has a commitment to plant 54,000 new trees across Canberra by 2024.

ACT Minister for City Services Chris Steel notes “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.

“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.

“These new laws will help protect and grow our tree canopy will not only retain our city’s character but make it more resilient to a changing climate by reducing the urban heat island effect.”

“For the first time in Canberra, if a tree meets the criteria and is approved for removal, then more trees must be planted to replace the lost canopy cover.”

“Tree bonds will also provide a strong financial message to developers that valuable trees close to a construction site must be given a high level of protection as work occurs.”

The new Urban Forest Bill 2022 will repeal and replace the Tree Protection Act 2005, which currently only applies to leased land, to 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, with the proposed changes in the new legislation to focus on the introduction of a tree bond scheme and the establishment of the Canopy Contribution Framework. The Canopy Contribution Framework will not apply to dangerous trees which pose an immediate threat to safety.

Key changes in the Bill work to secure the Government’s commitment of a 30 percent tree canopy cover or equivalent by 2045 – include:

• All trees on public land will now be regulated, regardless of their size
• More trees on private land will be regulated, with all trees that are either more than 8 metres tall, have a canopy over 8 metres wide, or have a trunk circumference of more than 1.4 metre proposed to 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 when regulated trees are approved for removal, they will need to be replaced through new planting. If new planting is not possible, a financial contribution (determined by a tree valuation formula) will need to be made to fund the planting and maintenance of trees nearby.
• For homeowners, their replanting requirements or financial contribution will be a set rate. For property developers, their replanting requirement or financial contribution will depend on the size and location of the tree they are seeking to remove and increase depending on the zoning of the land they are developing, with tree removal in higher density areas requiring more replanting (or higher financial contribution) to compensate for the high community impact of tree removal in these areas
• A tree bond system will be established to protect trees that have the potential to be damaged by nearby development, by placing a financial value on the trees paid as a bond.

This legislation follows an extensive review into the Tree Protection Act 2005 and implements actions of the of the ACT Urban Forest Strategy 2021-2045 – which was developed following consultation.

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