Tree protection laws

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 protection zone

In the ACT, protected trees have a Tree Protection Zone which is:

• the area under the canopy of the tree
• the 2-metre-wide area surrounding the vertical projection of the canopy
• the 4-metre-wide area surrounding the trunk as measured at 1 metre above ground level
• the area as specified in an approved tree management plan.

The definition of the tree protection zone has not changed with the introduction of the Urban Forest Act 2023.

Permission to work on or around protected trees

You must have permission from the ACT Government to undertake any work that may impact a protected tree. This includes trees on neighbouring public and private land.

• For protected trees on private land, permission can be sought by completing a tree activity application online. This can be done by any entity or person, or a third party on their behalf.
• If the tree activity relates to an activity that requires another form of approval, such as a development, building or driveway application, permission can be sought:
  • through a tree activity application submitted prior to the other application process, or
  • during the other application process, supported by a tree management plan.

Work on a protected tree or within its tree protection zone may commence only after receipt of:

• an approved tree activity application,
• a signed canopy contribution agreement (for trees which are being removed), and/or
• an approved tree management plan and bond agreement (for trees which are being retained, where applicable).

Tree activity applications

An online tree activity application must be completed when planning to undertake any works on or around a protected tree on private land.

This includes:

• tree removal
• tree pruning
• utility maintenance or installation
• building or landscape construction.

Depending on the type of tree activity or the reason for it, the applicant may need to include a shadow diagram, pruning plan or tree management plan.

An approved Tree Activity Application can be included in other ACT Government approval processes where the activity being applied for may impact a protected tree.

Find out more about tree activity applications.

Tree management plans

Tree Management Plans are now compulsory for ACT Government approval processes where the activity being applied for may impact a protected tree.

Approval processes include:

• development applications
• building applications
• driveway applications
• public land use applications.

A TMP shows how protected trees on and around the work site will be protected and cared for prior to works commencing and during all stages of work.

TMPs must comply with legislated Tree Management Guidelines. We recommend that applicants engage a consulting arborist or other suitably qualified professional to develop a tree management plan for their project.

Find our more about tree management plans.

Tree bonds

When a Tree Management Plan is assessed, the ACT Government may request that a bond be paid before works identified in the application can commence.

Bonds will be returned after the completion of the work if an assessment by an authorised person determines there is no evidence of Tree Management Plan breaches.

The amount of the bond and its duration will be set out in a bond agreement and determined on a case-by-case basis.

Find out more about tree bonds.

Canopy contribution agreements

If a protected tree is approved for removal, the applicant will be required to enter into a canopy contribution agreement with the ACT Government. The agreement sets out:

• how many replacement trees are to be planted on the block to replace those removed, and
• if some or all of the trees cannot be planted, what financial contribution is required to support tree canopy elsewhere.

Replanting and repayment requirements are different for homeowner (owner-occupiers) and non-homeowners (such as developers). If a homeowner asks a third party (such as a builder) to complete a tree activity application on their behalf, the replanting and repayment requirements will still be those relevant to the homeowner.

Financial contributions will fund tree planting, maintenance and renewal activities throughout Canberra.

Homeowners

For homeowners (owner-occupiers), for every protected tree that is removed, two new trees must be planted on site, or a financial contribution of $600 must be made for each tree that is not replanted. Exemptions may be granted, including if an applicant is experiencing financial or social hardship.

Non-homeowners

For non-homeowners (such as developers), the number of replacement trees and/or financial contribution will be determined using the Tree Calculator. This online calculator will help developers estimate the replanting and/or financial contribution requirements for proposed tree removals.

Find out more about canopy contribution agreements.

Tree Calculator

If you are a non-homeowner (such as a developer) considering applying to remove a protected tree, you can use the online tree calculator to estimate the replanting and/or financial contribution amounts that would be required under the Urban Forest Act 2023.

If related to a building project, this is most useful at the design stage as it can be used to compare options and help you to refine your design to retain mature trees.

You can use the calculator to estimate the replanting and/or financial contribution amounts that would be required if you gain approval to remove a protected tree.

Go to the tree calculator.

Penalties

It is an offence under the Urban Forest Act 2023 to damage a protected tree or undertake prohibited groundwork 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.

The Urban Forest Act 2023 has replaced the Tree Protection Act 2005 to improve tree protection on both public and private land.

The new laws protect more trees by:

• reducing the size requirements for protected trees on private land
• protecting dead native trees that provide essential habitat elements for local fauna
• classifying all trees on public land as protected
• tree planting to replace lost canopy when a protected tree is approved for removal
• requiring a financial contribution for any protected trees approved for removal that cannot be replanted on site
• mandating the inclusion of Tree Management Plans in all Development Applications where a protected tree may be impacted
• introducing a tree bond system to ensure protected trees are not damaged during construction work as our city continues to grow
• increasing penalties for people caught damaging a protected tree or breaching a Tree Management Plan or direction, and
• expanding the ACT Tree Register which celebrates and protects our most significant trees.