Page 2244 - Week 07 - Wednesday, 3 August 2022
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Funds collected under the canopy contribution framework will be used to enhance and renew the public urban forest. The bill specifies the purposes for which these funds can be used. This includes tree planting, maintenance and tree care, tree removal for renewal, support for ecology, community engagement, and the administration of this framework and tree bonds. The government will be transparent on how these funds are used, and the bill commits government to report on the total amount of contributions collected each year and how they are spent.
Another important feature of this bill is the introduction of tree bonds. Tree bonds also provide a strong financial message to developers that valuable trees close to a construction site must be given a high level of protection as work occurs. Bonds will apply if a tree management plan or a public land permit is submitted and approved. They apply to both public and private trees. A financial value will be placed on trees, held as a bond, to ensure that developers follow through on their agreement to protect the trees on and adjacent to their sites.
The bond amount will be set on a case-by-case basis, following assessment of the tree management plan or permit. Risk factors include the proximity of works to the tree, tree species sensitivity, and whether the applicant has a history of tree protection breaches. Payment of the bond will be provided back to developers once the tree’s health has been evaluated.
This bill will better support biodiversity outcomes in our city. This bill recognises the important role of dead trees and the role that they provide as significant habitat for urban wildlife. The abundance and diversity of habitat provided by trees increases significantly with tree size and age. Under the bill, large dead native trees will require an application before they can be removed. Whilst the removal of dead trees is not prohibited, the application will allow for discussions around alternative maintenance options to retain significant habitat trees and promote a suitable landscape for the native animals we share our city with.
The bill will also support biodiversity outcomes by enhancing the protection of the city’s most exceptional trees by strengthening the ACT tree registration process. The tree registration process, from the Tree Protection Act, will be carried over to the new bill. However, registration criteria will be extended to recognise and protect trees with significant ecological value as significant habitat element for a threatened native species, including both wildlife corridors and isolated trees.
The bill proposes to automatically recognise cultural trees, including Aboriginal scar trees, on the tree register. These trees are an important link to our past. The process would involve extensive consultation with Aboriginal organisations around the management of these trees, including reinvestment in sites and recognition of Aboriginal culture in the territory.
The bill will also strengthen the enforcement framework for tree-related offences. Current offences from the Tree Protection Act are carried over and updated in the new bill, with the following additions. Tree-damaging application decisions may be deferred if evidence indicates intentional damage to a tree that leads to its death whilst the circumstances are investigated. A strict liability offence will be established
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