Development (Regulated Trees) Amendment Bill 2007

The Development (Regulated Trees) Amendment Bill 2007 was suspended from debate on 18 October 2007 pending further consideration. The Bill was introduced into the Legislative Council on Tuesday 1 May 2007 (superseding a lapsed Bill previously introduced on Thursday 7 December 2006).

Legislation

To get a copy of the Bill, visit the SA Legislation website:

Follow the debate

The Bill was debated on the following days (external links to SA Parliament Hansard):

Summary of Bill (as introduced)

The Bill:

  • Establishes a new overarching category of “regulated trees” of which “significant trees” are to be a part.
  • Provides a framework for a less costly and streamlined assessment path for those regulated trees that are not classified as significant trees.
  • Revises and simplifies the criteria for the designation of a significant tree or group of trees in a Development Plan.
  • Provides a framework for a “planning test” in the regulations to determine if a regulated tree that is the subject of a development application is a significant tree and, therefore, requires a more exhaustive assessment process.
  • Provides for each council within the area designated by the regulations to establish, with the approval of the Minister, an “Urban Trees Fund”. Money is to be paid into this fund by an applicant seeking to remove a significant tree or prescribed kind of regulated tree in lieu of planting a new tree on the development site. Money in the fund may be applied by the relevant council to plant or maintain trees in the designated area.
  • Provides “Make Good Orders” as an additional penalty option for the Environment, Resources and Development Court to apply, in addition to a fine, when proceedings are instituted with respect to the unauthorised removal of a regulated tree (including a significant tree). Such an order would require the person prosecuted to replant and maintain a tree or trees in a place specified by the court.