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Legislative Assembly for the ACT: 2001 Week 4 Hansard (29 March) . . Page.. 1124 ..

MR SMYTH (continuing):

Mr Speaker, earlier today I introduced a Bill to give interim protection to trees until a Significant Tree Register could be established.

It gives me pleasure now to introduce a Bill to establish that register and provide long term protection to Canberra's significant trees.

This Bill gives legislative effect and status to the Significant Tree Register and protects trees on the significant tree register from unapproved removal, ringbarking, pruning and any substantial lopping or topping of the tree that is likely to result in its death or disfigurement. It also controls tree damaging activities in a tree protection zone on land under the tree.

It is important to note that general maintenance pruning that is not likely to adversely affect the general health and appearance of a tree is excluded from the controls in this Bill.

The criteria for inclusion of a tree on the Significant Tree Register and the criteria for approval to undertake a tree damaging activity will be established by disallowable instrument.

The Conservator will be empowered to establish and vary the Register, and will be advised by a Significant Tree Assessment Committee appointed by the Minister. Information to be contained in the Register is defined in the Bill.

Approval to fell or otherwise destroy a significant tree would be sought through formal application to the Conservator. Approvals to undertake less serious 'tree damaging activities' such as heavy pruning would be organised through a private certification process where an approved arborist certifies that the proposed activity is of no threat to the health or appearance of the tree. No formal application to Government would be necessary.

In the case of a decision by the Conservator to approve or reject an application to fell a tree on leased land, the lessee may make an application to the Administrative Appeals Tribunal for review of the decision.

Whilst I am introducing the Bill today, this does not mean that it is not open to further input from the Community.

I propose that the Bill now sit in the Assembly until public consultation on the Trees Policy and Significant Tree Register is completed. This will allow time to consider any public comments, which may have legislative implications and ensure that there can be informed debate on the Government's proposal.

When the Bill is debated the Government will propose any necessary amendments that arise from the public consultation process.

I commend the Bill to the Assembly.

Debate (on motion by Mr Corbell ) adjourned to the next sitting.

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