Tree management plans and tree bonds


A tree management plan is a document outlining protection measures to prevent damage to protected trees during works or access occurring in the tree protection zone. Works include, but are not limited to:

  • site access paths
  • demolition
  • installation of hoarding and scaffold
  • building and construction
  • utility installation, relocation, or access
  • traffic management and loading zones
  • other activities associated with construction such as storage, plant and equipment use, nature strip or footpath reinstatement.

A tree management plan must be approved before any work is undertaken in the tree protection zone.

A tree management plan is a mandatory document for:

  • all development applications
  • driveway and building applications that may impact a protected tree on public or private land.

Some sites may not have a protected tree on public land but may still impact a neighbouring lease. The level of detail required will vary based on the proximity of works to any protected tree.

If not part of a development application, a tree management plan needs to be submitted through:

Tree management plan requirements

There are different requirements for tree management plans depending on the complexity of the project and the level of impact on protected trees and their tree protection zones.

Refer to the information below to determine the:

  • level of impact for your proposed project
  • tree protection requirements that apply.

Related links

Levels of impact

No impact

A tree protection zone can be maintained and tree protection measures, such as fencing, implemented and followed for the duration of the activity.

Description of proposed activities

Access, parking, storage and construction work is near a protected tree, but all activity is outside the tree protection zone and not on public land.

Examples

  • Vehicle and pedestrian access to the construction site is outside the tree protection zone and not via the verge/nature strip.
  • Building a swimming pool 2m from the edge of the tree protection zone with no access required in the tree protection zone.

Tree management plan requirements

  • A signed declaration or email from the lessee of the land, declaring that no works will occur within the tree protection zone of any protected trees.
  • A high-level site plan that indicates appropriate fencing of the tree protection zone for any protected trees, including trees on public land.

Activity on public land

  • Activity on public land requires approval from Transport Canberra and City Services and a public unleased land permit may be required.
  • Access outside of existing verge crossing and any other activities on the verge will require approval through other processes, regardless of tree protection requirements.
  • Please refer to the public land use and building works webpages for more information. Please note, parking on unleased land is illegal.

Low impact

A tree protection zone with an encroachment of 20% or less.

Note: If you are unsure of the level of tree protection zone encroachment, there are calculators available online.

Description of proposed activities

Light/occasional pedestrian access, minimal impact storage or minor groundwork. There will be no construction in the tree protection zone.

Examples

  • Storage of small equipment (excluding chemicals).
  • Excavation for pavement, trenchless irrigation, pier footings (not including strip footings).
  • Site cut and fill to a maximum of 100mm.

Tree management plan requirements

  • Owner, industry or project arborist to provide a tree management plan outlining tree protection zone fencing, proposed encroachment and protection measures for protected trees.
  • The tree management plan must be developed in accordance with the Tree Management Plan Guidelines and approved by Urban Treescapes prior to work occurring.

Moderate to high impact

  • A tree protection zone with an encroachment greater than 20%, and/or
  • groundwork within the tree protection zone of a protected tree, and/or
  • contact of any kind with any part of the tree, and/or
  • modifications to the tree protection zone during the project.

Note: If you are unsure of the level of tree protection zone encroachment, there are calculators available online.

Description of proposed activities

Construction or groundworks occurring within the tree protection zone, heavy or repetitive access and high impact storage.

Examples

  • Any construction activity in the TPZ.
  • Major pruning of a protected tree or minor pruning of a registered tree.
  • Machinery or vehicle access.
  • Erection of scaffolding or cranes.
  • Storage of large materials or machinery.
  • Cut and fill exceeding 100mm.

Tree management plan requirements

  • A tree management plan must be developed in accordance with the tree management plan guidelines and may be prepared by a project arborist (or equivalent) and approved by Urban Treescapes prior to works occurring.
  • Works occurring within the tree protection zone during multi-staged projects, including groundwork and pruning, may need to be supervised by a project arborist. Please refer to the Tree Management Plan Guidelines for further information.

More information

Definition of a tree

Under the Urban Forest Act, the ACT Government’s Tree Protection Unit may define a tree as any of the following:

  • a woody perennial plant (excluding bamboo)
  • a plant resembling a tree in form and size
  • any other plant prescribed by legislation (such as a palm tree).

Hedge plants will be classified as trees under the Act if they are unmaintained hedges that have grown into trees that meet regulated size requirements. If a hedge plant has been assessed as a tree and approved for removal, the applicant may meet their canopy contribution replanting requirement by planting replacement hedging, in keeping with the original intent of the plantings.

Hedge plants will not be classified as trees under the Act if the original intent of the planting was for the purpose of a hedge and the plantings are maintained as a hedge.

Tree management plan guidelines

If your project requires a tree management plan, it must comply with the Tree Management Plan Guidelines.

A tree management plan may be prepared by a homeowner when there is no impact or low impact expected to the tree protection zone. In all other cases, a tree management plan may be prepared by a certified project arborist (minimum Australian Qualification Framework Level 5) or a person with equivalent experience, unless otherwise agreed by the decision-maker.

Definitions:

  • “impact” means damage, or the potential to damage
  • “tree management plan” refers to a plan developed in accordance with section 88 of the Urban Forest Act 2023
  • “tree protection zone” refers to the area of ground surrounding the trunk of a tree that must be protected and where certain activities are prohibited, see Part 2 Section 13 of the Urban Forest Act 2023
  • “decision-maker” means the conservator or the Director-General of Transport Canberra and City Services, or their delegate.

Tree protection zone

A tree protection zone for a protected tree is:

  • the area under the canopy of the tree
  • the 2 metre wide area surrounding the vertical projection of the canopy, and
  • the 4 metre wide area surrounding the trunk as measured at 1 metre above ground level.

Another protection zone may, however, be defined in an approved tree management plan.

Assessment

Tree management plans are assessed by considering:

  • health, condition and structure of the tree
  • ecological significance of the tree
  • the tree’s location, including proximity to infrastructure, services and construction activity
  • whether the tree is a protected tree
  • measures proposed to manage and mitigate impacts to a protected tree
  • advice, if any, from the Tree Advisory Panel.

Processing time

Once an application for a Tree Management Plan is received, a decision will be made within 40 working days. For those submitted as part of a development application, they will be assessed during the statutory timeframes for the development application process. The plan takes effect on the date it is approved, unless otherwise specified.

Penalties

It is an offence under the Urban Forest Act 2023 to undertake a tree damaging activity or groundwork on a protected tree without approval.

Contravening the Act can lead to on-the-spot fines or court-imposed penalties of up to $80,000 for an individual and $405,000 for a corporation, and a criminal record for more serious offences.

Tree bonds

A tree bond is an amount paid as security to uphold the obligation to maintain the health of a protected tree.

A tree bond agreement aims to prevent damage to a protected tree while undertaking work as part of a tree activity, permit or development. A tree bond agreement may apply as part of a tree management plan, a public unleased land permit or as a condition of development approval.

A decision on the tree bond amount and the time period for the tree bond agreement is made on a case‑by‑case basis.

A tree bond agreement can be amended or extended in writing. It cannot be in place for more than 3 years after the activities it covers have been completed.

A tree bond agreement must:

  • be in writing
  • be signed by both parties
  • state the amount of the tree bond.

Tree bond refunds

A tree bond must be refunded as soon as practicable after the tree bond agreement ends. This happens after an authorised person has inspected the tree and is satisfied the tree is:

  • in good health
  • there is no sign of damage to the tree
  • the person has not undertaken activities that contravene the tree bond agreement.

If these conditions are not met, all or part of the tree bond may not be returned, or you may be asked to remediate the damage.

We acknowledge the Ngunnawal people as traditional custodians of the ACT and recognise any other people or families with connection to the lands of the ACT and region. We acknowledge and respect their continuing culture and the contribution they make to the life of this city and this region.

To see how we are building stronger relationships with the Traditional Custodians of the ACT view the Reconciliation Action Plan.