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This is a Bill, not an Act. For current law, see the Acts databases.
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:
This Act may be cited as the Development (Regulated Trees) Amendment
Act 2012.
This Act will come into operation 1 month after assent.
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.