Grey Box Community

Hon Dr Bob Such MP

Member for Fisher

Shop 11, Aberfoyle Hub Shopping Centre

ABERFOYLE PARK  SA  5159

Telephone:  8270 5122

DRAFT re “Significant Trees” (as at 3 July 2008)

- for consideration in redrafting of the Development (Regulated Trees) Amendment Bill 2007

Some general principles that should underlie legislation/regulations:

1. Trees are an essential part of the environment.  Existing trees to be fully taken into account as part of, and prior to, any building/development approval. 
2. Tree pruners/removalists and stump removers to be registered and licensed.
3. Arborists to be registered/licensed prior to any work being undertaken with their qualification(s) clearly stated, eg Certificate 4.  Registration: similar concept to builders ie general (G) or restricted (R) according to qualification(s). 
4. All trees to be assessed in the context of their ecological value, habitat, as an important or threatened species, aesthetics, impact on global warming.  A tree can mean a single specimen or be in a cluster of trees or plant association or part of remnant native vegetation.
5. An application for removal or pruning (other than SES/CFS/Police emergency) of protected trees to be in writing (standardised proforma) and accompanied by a photograph of the tree or trees.
6. New buildings or other development, eg fences, retaining walls, must not negatively impact on a protected tree (ie the critical root zone) during or after construction and development.  Buildings are not to be built under the canopy of a protected tree so as to negatively impact on the tree. Two independent arborists are to certify that the building will not negatively impact on the root zone or canopy of the tree if a request to build close to a protected tree is made.

A  Protected Trees (Category A)

A protected tree includes any tree or cluster of trees, including remnant native vegetation or plant association (tree, understorey, grasses) that is (are) indigenous to an area.  There is to be no removal of any indigenous tree without prior notification, assessment and approval by two independent and qualified arborists acceptable to the Council.  All applications for removal to be forwarded to the Council on the Council proforma – accompanied by a photograph.  Indigenous trees are to be regarded as worthy of retention unless there are compelling reasons to justify pruning or removal.  Removals are to be for exceptional reasons only.  Tree assessment to have regard to habitat, aesthetics, threatened species listing, contribution to carbon sequestration/global warming, the role of the tree or trees as part of a cluster of trees or plant association of understorey and grasses or remnant native vegetation, and safety.  If an indigenous tree has to be removed, following assessment, the person or company or organisation responsible for the removal must pay into a State Government Tree Fund – at a rate designated by the Minister.  The tree fund is to be used for the planting of trees. 

B  Regulated Trees (Listed Tree – Category B)

A Regulated Tree is a listed native tree (other than an indigenous tree, ie Protected or Category A Tree) or an exotic tree that is listed.  A Council or the National Trust or a Minister of the Crown can list a tree or cluster of trees or a species of tree including remnant native vegetation (tree or trees, understorey, including grasses).  Any tree listed by a Council or the National Trust or a Minister of the Crown cannot be removed or pruned without application to Council on the Council pro forma followed by an assessment and approval by two independent and qualified arborists, acceptable to the Council. The application is to be accompanied by a photograph.  Any application to remove or prune a tree listed by the National Trust or a Minister of the Crown will require notification to the National Trust or the Minister as well as to the Council.  The person or company etc responsible for the removal(s) must pay into a State Government Tree Fund, at a rate designated by the Minister for Planning.  The Tree Fund is to be used for the planting of trees.

C   Councils are to keep a register of applications for removal, to list applications for removal and actual removals on the internet, including the number and species of trees removed and to submit an annual report to the Minister for Planning.  Councils are to notify the National Trust and a Minister of the Crown if an application has been made to prune or remove a Regulated Tree listed by the National Trust or a Minister as the case may be.

D   The Minister for Planning will establish a Tree Fund to collect fees via the Council from a person, company etc who has been given permission to remove or prune a tree or trees.  The Fund is to be used to assist with the planting of trees.

E   Breaches of the above in respect of Protected Trees or Regulated Trees will incur substantial fines and a make good order may be imposed as well.

F    Standardised pro formas to be used by all Councils for applications re Protected and Regulated Trees.

G   Councils to have readily available a list of regulated trees (including the National Trust and Ministers’ lists) for perusal (including on the net) by any member of the public.

H   Where a development does not allow for, or provide for, the planting of trees, the developer/builder must pay into the Minister’s Tree Fund at a rate prescribed by the Schedule.

Bob Such

3 July 2008