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This is a Bill, not an Act. For current law, see the Acts databases.


DEVELOPMENT (REGULATED TREES) AMENDMENT BILL 2012

South Australia

Development (Regulated Trees) Amendment Bill 2012

A BILL FOR

An Act to amend the Development Act 1993.


Contents

Part 1—Preliminary
1Short title
2Commencement
3Amendment provisions

Part 2—Amendment of Development Act 1993
4Amendment of section 4—Interpretation
5Amendment of section 39—Application and provision of information


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Development (Regulated Trees) Amendment Act 2012.

2—Commencement

This Act will come into operation 1 month after assent.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Development Act 1993

4—Amendment of section 4—Interpretation

(1) Section 4(1)—delete "is excluded by regulation from the ambit of this definition" and substitute:

is within the ambit of subsection (1c)

(2) Section 4—after subsection (1a) insert:

(1b) A regulation that excludes any tree that is within 10 metres of a building or swimming pool from a declaration of a tree, or class of trees, as a regulated tree or as regulated trees (and that would otherwise be a regulated tree by virtue of the regulations) is void and of no effect.

(1c) For the purposes of the definition of tree-damaging activity under subsection (1), maintenance pruning—

(a) that does not remove more than 30% of the crown of a tree; and

(b) that is required to remove—

(i) dead or diseased wood; or

(ii) branches that pose a material risk to a building; or

(iii) branches of a tree that is located within an area frequently used by people and the branches pose a material risk to such people,

is within the ambit of this subsection.

5—Amendment of section 39—Application and provision of information

(1) Section 39—after subsection (3) insert:

(3aa) An application that provides for—

(a) the construction of a dwelling (including the enlargement or extension of a dwelling); or

(b) the construction of a swimming pool,

within 10 metres of a regulated tree will be taken to include a component that provides for an activity that constitutes a tree-damaging activity and must therefore be accompanied by, or incorporate, an application for a development authorisation in relation to such an activity.

(2) Section 39—after subsection (3b) insert:

(3c) Subsection (3a) and (3b) do not apply in relation to determining—

(a) the species of a tree; or

(b) the circumference of a tree; or

(c) the distance of a tree from a building or swimming pool (including after taking into account any proposed development); or

(d) whether special circumstances apply under either subsection on account of any criteria prescribed by the regulations for the purposes of this paragraph.

 


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