SA's New Tree Regulations
In 2024, the Peter Malinauskas Government in South Australia implemented significant updates to its regulations on regulated and significant trees to enhance protection for the urban tree canopy, particularly in Metro Adelaide.
We fully support the concept of protecting the tree canopy in Adelaide, however, this could have been implemented in a far better way. What do you think?
These new laws will adversely affect those who deal with established trees in the Metro Adelaide area. Please make sure that you take note of the key changes below to avoid fines of up to $120,000 for undertaking work on a regulated tree without approval.
Key Changes Include:
1. Reduced Trunk Size Thresholds:
- The trunk circumference for regulated trees has been reduced from two meters to one meter.
- For significant trees, the threshold has been lowered from three meters to two meters.
2. Pruning and Removal Regulations:
- New limits restrict pruning to 30% of the tree's canopy every five years.
- Trees can now only be removed without approval if they are within three meters of a dwelling or pool, a reduction from the previous 10-meter allowance.
- When a regulated tree is removed from a site, 2 new trees must be planted and maintained for 2 years following the approved removal.
3. Increased Offset Fees:
- Fees for removing regulated trees have increased from $326 to $1000.
- Fees for significant trees have increased from $489 to $1500. These fees contribute to local councils' urban tree funds or the State Government’s Planning and Development Fund to support tree planting and maintenance initiatives.
4. Planning and Development Adjustments:
- Amendments to the Planning, Development, and Infrastructure (General) Regulations 2024 emphasize the urban tree canopy's role in development assessments.
- The new rules apply to townships and greenfield developments, extending protections beyond metropolitan Adelaide.
5. Case Law and Enforcement:
- Recent case law and legislative changes have been incorporated to guide the assessment and enforcement processes under the Planning, Development, and Infrastructure Act 2016.
These updates aim to better protect existing trees, support biodiversity, and contribute to urban cooling and community well-being. They also address issues raised by the community and conservation groups about the ease of tree removal under previous regulations.