This public consultation is now closed. Council is currently using this consultation feedback to inform the new Trees on Private Property By-Law which will be presented to Council at a future meeting.
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Council consulted for the Trees on Private Property By-Law which will regulate the removal of important trees on private property in the Kingborough, where a planning permit is not required.
Kingborough Council is committed to preserving the value that trees bring to our communities whether on tree-lined streets, parks or on private land. For 20 years, Council has had a by-law to regulate tree removal on private property. This by-law has now expired and a new one has been drafted.
The By-law was first introduced to reflect the significance of the natural values in Kingborough, and the community’s desire to protect these values. The new by-law is very similar to the previous by-law and won’t apply to all trees.
Trees on private land play an important role in the amenity of our communities. They provide food and shelter for wildlife, capture and hold rainfall before it hits the ground, limit soil erosion, and reduce the impact of heat, wind, and noise. Backyard trees provide character and can act as extensions and links between core areas of bushland.
Kingborough is the only municipality in Tasmania where endangered forty-spotted pardalotes are found on private land. In addition, the presence of core foraging and breeding habitat for the swift parrot makes Kingborough extremely important to the survival of this critically endangered species.
In situations where a planning permit is not required, the By-law will provide a simple process for ensuring the proposed tree removal is necessary and that the loss of important values are compensated.
The By-Law and Planning Scheme will work together to provide certainty on permit obligations for tree removal. A planning or by-law permit may be required for the removal of any tree that is native to Tasmania, is listed as significant, or protected on the property title.
WHY ENGAGE
Community engagement is a critical component used to review policies, strategies and projects at Council. Your input into this consultation will be used to inform the new Trees on Private Property By-Law.
CONSULTATION DOCUMENTS
FEEDBACK
Your input into this consultation will be used to shape the Trees on Private Property By-Law. Submissions could be delivered the following ways:
- Send an email to kc@kingborough.tas.gov.au with the subject – Trees on Private Property By-Law
- Write a letter addressed to the General Manager and send it to Kingborough Council, 15 Channel Hwy, Kingston 7050.
Submissions could be made up until COB 22 November 2023.
On 25 October 2023 Kingborough Council published the notice pursuant to s.157 of the Local Government Act 1993 in the Mercury Newspaper. A copy of the notice can be found here.
Public enquires on the content and effect of the proposed By-law can be directed to Mr Scott Basham via email to kc@kingborough.tas.gov.au or via post to Kingborough Civic Centre, 15 Channel Hwy, Kingston, Tasmania, 7050 or via phone at (03) 6211 8200.
HISTORY
Council has had a Health and Environmental Services By-law since 2001 which included provisions to regulate the removal of trees on private land, where the tree removal sits outside the requirements of the planning scheme.
In accordance with the requirements of the Local Government Act 1993 the by-law was reviewed in 2011 and 2021.
During the review of the by-laws in 2021 Council received advice that the provision regarding the regulation of trees on private land in the Health and Environmental Services by-law may be contrary to law.
Accordingly, the tree provision (c 25) was removed in the draft Health and Environmental by-law that went to community consultation in 2021.
During this consultation, 184 submissions were received, with 171 of these related to the provision to protect trees on private land. 168 of the 171 tree related submissions supported the retention of the by-law provision.
After seeking advice from a senior legal counsel, Council confirmed that a By-Law to regulate the removal of trees on private property could be developed and was lawful .
In July 2022 Council passed a resolution by absolute majority of its intention to make the Trees on Private Property By-law No.1 of 2022. Due to this, a regulatory impact statement was submitted to the Director of Local Government and subsequently certificates pursuant to s.156A(6) of the Act have been issued.
Pursuant to s.157 of the Act, Council’s General Manager has now given notice to undertake public consultation.
A timeframe showing the development of the by-law is presented below.
