All development within SA is governed by the Planning, Development, and Infrastructure Act 2016. There are a wide range of 'things' that constitute development. 'Development' includes 'tree-damaging activity' to a 'regulated tree' (which includes significant trees). 'Tree-damaging activity' includes, among other things, the killing, destruction or removal of a tree, the severing of branches and limbs, the lopping of a tree or substantial damage to a tree.
Put another way, if a person wants to undertake any of these activities in relation to a regulated or significant tree, it is necessary for that person to lodge a development application and seek approval to do so.
In May, there were some substantial reforms to the act. While these reforms will largely impact metro Adelaide, they are still worth knowing about, especially as there is some discussion about expanding these into some areas of the hills and also townships more broadly. Broadly speaking, any tree with a circumference of two metres was deemed to be a regulated tree and any tree three metres around was deemed a significant tree.
The Planning, Development and Infrastructure (General) (Regulated and Significant Trees) Amendment Regulations 2024 alter the circumferences for the regulated and significant trees - these have been reduced to 1m for a regulated tree and 2m for a significant tree. This will result in a lot more trees being caught by the planning regulations.
There have also been changes to the exemptions provided for trees located within a certain distance from dwellings and swimming pools. Previously if a regulated or significant tree was located within 10m of a swimming pool or dwelling, it was exempt from requirements. This has now been reduced to 3m. This significantly reduces the instances where a tree will be exempt from the regulated/significant tree requirements.
It is also worth nothing there are some species that aren't exempt, even if they are within 3m of a swimming pool or dwelling. There have also been some changes in the frequency with which regulated and significant trees can be pruned, which involves the removal of up to 30 per cent of the canopy.
Previously, there were no limitations placed on the frequency within which this could occur. Under the new regulations, maintenance pruning can only be undertaken every five years - more frequent pruning will require development authorisation. There is also a transition period for development applications, which are already being processed through the system, and for existing development approvals where a tree may not have been deemed a significant tree or regulated tree previously.
As indicated above, these changes represent a major shift in SA's tree protection regime, now covering significantly more trees, which this protection only likely to expand further in the future.
This article was published in The Stock Journal.
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