South Australian Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEVELOPMENT REGULATIONS 2008 - REG 6A

6A—Regulated and significant trees

        (1)         Subject to this regulation, the following are declared to constitute classes of regulated trees for the purposes of paragraph (a) of the definition of "regulated tree in section 4(1) of the Act, namely trees within the designated area under subregulation (3) that have a trunk with a circumference of 2 metres or more or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2 metres or more and an average circumference of 625 millimetres or more, measured at a point 1 metre above natural ground level.

        (2)         Subject to this regulation—

            (a)         a prescribed criterion for the purposes of paragraph (b) of the definition of "significant tree" in section 4(1) of the Act is that a regulated tree under subregulation (1) has a trunk with a circumference of 3 metres or more or, in the case of a tree with multiple trunks, has trunks with a total circumference of 3 metres or more and an average circumference of 625 millimetres or more, measured at a point 1 metre above natural ground level; and

            (b)         regulated trees under subregulation (1) that are within the prescribed criterion under paragraph (a) are to be taken to be significant trees for the purposes of the Act.

        (3)         For the purposes of subregulation (1), the designated area will be constituted by—

            (a)         the whole of Metropolitan Adelaide, other than—

                  (i)         those parts of the area of the Adelaide Hills Council within the Extractive Industry Zone, the Public Purpose Zone or the Watershed (Primary Production) Zone in the Development Plan that relates to that area; and

                  (ii)         those parts of the area of the City of Playford within the Watershed Zone or the Mount Lofty Ranges Rural Zone on the eastern side of the Hills Face Zone in the Development Plan that relates to that area; and

            (b)         any part of the area of the Adelaide Hills Council outside Metropolitan Adelaide that is within a Country Township Zone in the Development Plan that relates to that area; and

            (c)         the whole of The District Council of Mount Barker other than those parts of the area of The District Council of Mount Barker within the Industry (Kanmantoo) Zone, the Rural Watershed Protection Zone, the Rural (Mount Barker) Zone, the Rural (Kanmantoo) Zone or the Rural (Kondoparinga) Zone in the Development Plan that relates to that area.

        (4)         For the purposes of subregulations (1) and (2), the measurement of the circumference of the trunks of a tree with multiple trunks is to be undertaken on the basis of the actual circumference of each trunk and without taking into account any space between the trunks.

        (5)         Subregulations (1) and (2) do not apply—

            (a)         to a tree located within 10 metres of an existing dwelling or an existing in-ground swimming pool, other than a tree within 1 of the following species of trees:

Agonis flexuosa (Willow Myrtle)

Eucalyptus (any tree of the species); or

            (b)         to a tree within 1 of the following species of trees:

Acer negundo (Box Elder)

Acer saccharinum (Silver Maple)

Ailanthus altissima (Tree of heaven)

Alnus acuminate subsp. Glabrata (Evergreen Alder)

Celtis australis (European Nettle Tree)

Celtis sinensis (Chinese Nettle Tree)

Cinnamomum camphora (Camphor Laurel)

Cupressus macrocarpa (Monterey Cypress)

Ficus spp. (Figs), other than Ficus macrophylla (Morton bay fig) located more than 15 metres from a dwelling

Fraxinus angustifolia (Narrow-leaved Ash)

Fraxinus angustifolia ssp. Oxycarpa (desert ash)

Pinus Radiata (Radiata Pine / Monterey Pine)

Platanus x acerifolia (London Plane)

Populus alba (White poplar)

Populus nigra var. italica (Lombardy Poplar)

Robinia pseudoacacia (Black Locust)

Salix babylonica (Weeping Willow)

Salix chilensis 'Fastigiata' (Chilean Willow, Evergreen Willow, Pencil Willow)

Salix fragilis (Crack Willow)

Salix X rubens (White Crack Willow, Basket Willow)

Salix X sepulcralis var. chrysocoma (Golden Weeping Willow)

Schinus areira (Peppercorn Tree); or

            (c)         to a tree belonging to a class of plants to which a declaration by the Minister under Chapter 8 Part 1 of the Natural Resources Management Act 2004 applies; or

            (d)         to a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act 1991 ; or

            (e)         to a tree planted as part of a woodlot, orchard or other form of plantation created for the purpose of growing and then harvesting trees or any produce; or

            (ea)         a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator-General for the purposes of a diplomatic mission development, other than where the site is a site where a State heritage place is situated; or

            (f)         a tree if the tree is located at a site where it is proposed to undertake development that has been approved by the State Coordinator-General for the purposes of the Renewing our Streets and Suburbs Stimulus Program, other than where the site is a site where a State heritage place is situated.

        (7)         For the purposes of subregulation (5), the distance between a dwelling or swimming pool and a tree will be measured from the base of the trunk of the tree (or the nearest trunk of the tree to the dwelling or swimming pool) to the nearest part of the dwelling or swimming pool at natural ground level.

Note—

The scheme set out in subregulations (1) to (7) relates to the declaration of trees to be regulated trees or significant trees by regulations under the Act. A tree may also be declared to be a significant tree by the relevant Development Plan, and such a declaration has effect independently from those subregulations.

        (8)         For the purposes of the definition of "tree damaging activity in section 4(1) of the Act, pruning—

            (a)         that does not remove more than 30% of the crown of the 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 to a tree that is located in an area frequently used by people and the branches pose a material risk to such people,

is excluded from the ambit of that definition.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback