Tree activity applications

Assessing applications

Each application is assessed on merit and is dependent on the individual tree and circumstance. Taking into account the above, approval may be granted for:

• selective pruning and reduction of the weight of limbs
• thinning to preserve solar access to the daytime living area of a lessee’s dwelling or neighbouring dwelling (where a tree is causing shading in excess of 3 hours per day between the hours of 9am and 3pm, during winter)
• maintenance pruning to remove diseased or dying branches
• selective pruning to remove branches encroaching on your own or a neighbouring building
• pruning for service lines or to allow pedestrian or vehicular access (such as over footpaths or driveways)
• pruning for vehicle sight lines and signage visibility.

Approval may not be provided for:

• work on trees without the lessee’s approval
• removing trees due to leaf, fruit, sap, bird or bat droppings
• removing trees due to damage to sewer pipes and built structures such as footpaths and driveways
• removing trees that are healthy and stable
• removing or pruning trees for views
• removing trees because they inhibit grass or garden growth
• removing trees because they cause allergies
• pruning trees in a manner contrary to the Australian Standard AS4373 Pruning of Amenity Trees
• work that will alter soil levels within the tree protection zone
• pruning to reduce the size of a tree below the threshold for regulated trees.

For more detailed information about tree activity approval criteria, please refer to the legislation.

Penalties

It is an offence under the Urban Forest Act 2023 to undertake a tree 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.

Reconsideration of a decision

If you submitted a Tree Damaging Activity application prior to 31 December 2023 and your application was rejected, you can submit a Reconsideration of a Decision application. Your application will be reconsidered according to the Tree Protection Act 2005.

If you submitted a Tree Activity Application after 1 January 2024 and your application was rejected, you can submit a Reconsideration of a Decision application. Your application will be reconsidered according to the Urban Forest Act 2023.

You must submit a Reconsideration of a Decision application within 14 days of receiving the decision. The application fee is $130.35.

Complete a Reconsideration of a Decision application.

Pruning plan requirements

A pruning plan:

• can be submitted in any of the following formats: PDF, JPEG, PNG, GIF.
• must be attached to your Tree Activity Application at the time of submission.
• must provide a clear description of pruning works being undertaken.
• must include a diagram and/or photograph(s) to show intended pruning cut/s.

An arborist can determine the type of pruning necessary to improve the health, appearance and amenity outcomes of your trees and undertake work with the required safety equipment and liability insurance.

If pruning involves working above the ground or using power equipment, it is recommended that you engage a professional arborist with a minimum AQF 3 qualification in arboriculture, or equivalent experience.

Pruning work must be undertaken in accordance with MIS308 - Tree Pruning and AS4373 - Pruning of Amenity Trees.

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 activities that require approval

On private land, works on or around a protected tree that could cause damage to that tree require approval. Activities requiring approval are listed below.

• Tree removal: the complete removal of a tree, irrespective of stump grinding.
• Major pruning:  pruning that is not defined under lopping, minor pruning or pollarding. For example, removing select branches from a tree that have a diameter greater than 100mm.
• Lopping: removing a large limb or limbs, often in an attempt to stifle tree growth beyond a certain point or in a certain direction or on dead trees to allow retention of habitat.
• Prohibited groundwork in the Tree Protection Zone: undertaking any groundwork within the Tree Protection Zone such as:
  • groundwork that damages the tree’s root system in the Tree Protection Zone
  • conduct that would compact the soil in at least 10% of the tree protection zone
  • cutting any of the tree's roots that have a diameter greater than 50mm
  • excavating to a depth greater than 10cm over an area 4m² or larger
  • raising the soil level by more than 10cm above the natural soil level over an area 4m² or larger.
• Minor pruning: approval is required forregistered trees only.

Minor pruning

Minor pruning of regulated trees can be undertaken without the need for approval if it:

• involves removing deadwood only
• is the first pruning of the tree in the calendar year and affects less than 10% of the canopy, not altering the overall shape of the canopy
• is a fruit tree and done for fruit production
• does not adversely affect the appearance of the tree, or
• does not include removing limbs with a diameter of 100mm or more.

Approval is not required if the proposed pruning meets one or more of the above criteria.

Pruning must be undertaken in accordance with the standard for Pruning Amenity Trees ASNZ4373 or MIS 308 Tree Pruning.

Minor pruning of a registered tree requires an approved tree activity application.

Submitting an application on a client’s behalf

If you are submitting a Tree Activity Application on behalf of a client, you must provide the following in your application:

1. detail on the activity you are applying to undertake
2. written consent from the client to undertake the work
3. written consent from the client to submit the application.

All 3 requirements for the application can be met by attaching one of the following:

• an Acknowledgement of Consent form (PDF 476.3 KB) form completed by the tree/landowner
• an email from your client (attached as a screenshot or copy) that includes the following:
  • client’s name
  • client’s address
  • description of proposed work
  • description of tree’s location
  • consent for you to submit the Tree Activity Application on their behalf
  • consent for ACT Government Tree Protection Officers to enter their property to undertake an inspection of the tree.
    • The client’s email address, date and time of email must be visible in the attachment.
• a quote provided by you to the client, and signed by the client, that includes the following:
  • client’s name
  • client’s address
  • description of proposed work
  • description of tree’s location, including the address if the client is not the occupant
    • The quote, or a separate attachment, must also show:
  • consent for you to submit the Tree Activity Application on their behalf
  • consent for ACT Government Tree Protection Officers to enter their property to undertake an inspection of the tree.

You will not be able to submit the application without an attachment that shows your client’s consent.