The Planning, Development and Infrastructure Act 2016 (SA) provides that any activity that damages a significant or regulated tree is development.
Part 10 of the Planning and Design Code makes declarations for the purposes of the definition of regulated tree(s) and significant tree(s) under the Planning, Development and Infrastructure Act 2016 (SA).
The designated regulated tree overlay is outlined in the Planning and Design Code, and as at March 2021 includes metropolitan Adelaide, townships in the Adelaide Hills Council, and parts of the Mount Barker Council.
A ‘regulated tree’ is:
OR
A ‘significant tree’ is:
An individual tree may also be declared to be a significant tree by the Planning and Design Code [reg 3F(5)]. As at March 2021, the Planning and Design Code lists specific significant trees in the Adelaide, Burnside, Prospect and Unley council areas.
Any activity that could damage these trees is prohibited without development approval. Under section 3(1) of the Planning, Development and Infrastructure Act 2016 (SA) ‘tree damaging activity’ is defined as:
In addition, excessive pruning can also meet the definition of ‘tree damaging activity’. Under regulation 3F(6) of the Planning Development and Infrastructure (General) Regulations 2017 (SA) pruning that does not remove more than 30% of the crown of the tree and is required to remove dead/diseased wood or branches posing a risk to buildings or persons is excluded from the definition.
There are heavy penalties for doing prohibited work on a significant or regulated tree without permission. If a tree-damaging activity needs to be done urgently to a significant regulated tree to protect a person or building (or in other circumstances prescribed in the regulations), a person may undertake the urgent work, taking care to cause the minimum amount of damage to the tree. The person undertaking the tree-damaging activity must notify the relevant authority by telephone or by email within 28 days of the activity commencing and approval must be applied for afterwards [s 136(2) and Planning, Development and Infrastructure (General) Regulations 2017 (SA), reg 63].
Exemptions
There are a number of exemptions listed in the Planning Development and Infrastructure (General) Regulations 2017 (SA) which exclude certain trees from the provisions concerning regulated and significant trees.
Council approval is not required to remove a significant or regulated tree if it is:
[reg 3F(4)]
Applications
A council may either approve an application, approve it subject to conditions or refuse it. No notice of applications will need to be given to neighbours unless the tree is on council land. The normal application fees apply for tree owners but there is no fee for an affected neighbour seeking approval to lop on their side of the boundary.
If approval has been given to remove a regulated or significant tree, the council may make it a condition that replacement trees are planted or that money is paid into an urban tree fund. An applicant has the right to appeal to the Environment, Resources and Development Court within two months of the council's decision.
The requirement to obtain approval under the Planning, Development and Infrastructure Act 2016 (SA) for a tree-damaging activity in relation to a regulated tree applies despite the fact that the activity may be permitted under the Native Vegetation Act 1991 (SA). Please visit the Law Handbook chapter on NATURE CONSERVATION for further information on how the Native Vegetation Act 1991 (SA) applies in South Australia.
For more information on regulated and significant trees, please visit the SA government web page on Regulated and significant trees.