Land Management Plan 2004 - 2050 Flinders University South ...

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Land Management Plan Significant Tree Report Flinders University South Australia 2. Legislative Requirements 2.1 Significant Tree Controls In response to community and Local Government concerns regarding the removal of mature trees across metropolitan Adelaide the Development Act was amended in 2001 to specifically protect “significant trees” from indiscriminate removal. Specifically, these controls seek to: • conserve significant trees which provide important aesthetic and environmental benefit including those that make an important contribution to the character or amenity of the local area, bio-diversity, provision of habitat for fauna, and conservation of original and remnant habitat; • preserve trees that are indigenous to the local area or are listed under the National Parks and Wildlife Act as a rare or endangered native species 1 ; • preserve trees that represent an important habitat for native fauna, is part of a wildlife corridor of a remnant area of native vegetation; and • preserve the notable visual elements to the landscape of the local area. The legislation also acknowledges that conservation of significant trees should occur in balance with achieving appropriate development with development, including groundwork activities such as excavation, filling and sealing of surrounding surfaces, occurring in a manner with the minimum adverse affect on the health or root system of a significant tree. 2.1.1 Definitions and Clarifications The Development Regulations 1993, Part 6A, subregulation (1), clause (a), defines a “significant tree” as: trees within the designated area that have a trunk circumference of 2.0 metres or more, or, in the case of trees with multiple trunks, that have trunks with a total circumference of 2.0 metres or more and an average circumference of 625 millimetres or more, measured at a point 1.0 metre above natural ground level. (a) the killing or destruction of a tree; or (b) the removal of a tree; or (c) the severing of branches, limbs, stems or trunk of a tree; or (d) the ringbarking, topping or lopping of a tree; or (e) any other substantial damage to a tree. This also includes any other act or activity that causes any of the foregoing to occur but does not include the following: • maintenance pruning that is not likely to affect adversely the general health and appearance of a tree. • work undertaken under Part 5 of the Electricity Act 1996, relating to tree-trimming around powerlines. • work undertaken in operation of an order under Section 299 of the Local Government Act 1999. 2.2 Local Planning Controls Under the Mitcham (City) Development Plan, Consolidated 11 September 2003 (herein referred to as the “Development Plan”), the Flinders University site is located within two zones. The majority of the site (and the entire study area for the purposes of this audit) is within the Institutional Zone. The approval of the Mitcham Council is required prior to undertaking a tree-damaging activity to any “significant tree” within this zone. As noted above, the portion of the site east of the electricity easement is within the Hills Face Zone. As per Section 4, sub-section (2) of the Native Vegetation Act, the clearance of native vegetation in this zone requires the approval of the Native Vegetation Council. There are exceptions to this, listed under Regulation 3; these include removal for purposes of firebreak creation and protection of life and property from damage. Where the removal of singular trees (rather than general clearance of native vegetation) is sought, and they meet the “significant” criteria, it is appropriate to seek development approval from Mitcham Council 2 . For the purposes of subregulation (1)(a) the designated area is the whole of Metropolitan Adelaide, other than a few select zones (none of which occur on the Flinders University site). It should be noted however, that in accordance with subregulation (6), the above does not apply under the following circumstances: (6) Subregulation (1) does not apply to – (a) a tree that may not be cleared without the consent of the Native Vegetation Council under the Native Vegetation Act 1991; or (b) a tree that falls within a class of plants specified by the Governor under Part 4 of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986; or (c) 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. This has two implications for Flinders University: • the portion of the site east of the electricity easement is located within the Hills Face Zone. Removal of any native vegetation in this area, that falls outside the Exemptions listed in Regulation 3 of the Native Vegetation Regulation, requires the prior consent of the Native Vegetation Council, and • Aleppo Pines (Pinus halepensis) and Olives (Olea europaea) are proclaimed pest plants within the Mitcham Council under Part 4 of the Animal and Plant Control Act, and can therefore be removed without development approval. In accordance with the Part 1, clause 4 of the Development Act 1993, a “tree damaging activity” is defined as: 1 There are no tree species listed as rare or endangered under the EPBC Act (Commonwealth) or NPW Act (State) on the Bedford Park campus 2 Pers. Comm. Jacob Kochergen of Mitcham Council confirmed that both the “Significant Tree” component of the Development Act 1993 and the Native Vegetation Act 1991 are applicable to the Hills Face Zone of the Adelaide Metropolitan Region with neither having precedence over the other. In instances where singular trees meet “significant” criteria, it is advisable to apply for Development Approval through Mitcham Council, as the process is likely to be quicker. ⏐ FEBRUARY 2004 ⏐ PAGE 2
Land Management Plan Significant Tree Report Flinders University South Australia 2.3 Circumstances for Significant Tree Removal Whilst the intent of the significant tree legislation is to preserve significant trees where possible, it is acknowledged that under certain circumstances there may be a need to remove a significant tree or undertake a tree-damaging activity. In accordance with the Council-wide Principles of Development Control, a tree may be removed under the following circumstances: • the tree is diseased and its life expectancy is short; • the tree represents an unacceptable risk to public or private safety; • the tree is within 20 metres of a residential, tourist accommodation or habitable building and is a bushfire hazard within a Bushfire Prone Area 3 ; or • the tree is shown to be causing or threatening to cause substantial damage to a substantial building or structure of value. However, it must be demonstrated that: • all other reasonable remedial treatments and measures have been determined to be ineffective; and/or • all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activity occurring. Other tree-damaging activities, such as severing of branches and limbs, may occur (in addition to the above) under the following circumstances: • the work is required for the removal of dead wood, treatment of disease, or is in the general interests of the health of the tree; or • the aesthetic appearance and structural integrity of the tree is maintained; or • it is demonstrated that all reasonable alternative development options and design solutions have been considered to prevent substantial tree-damaging activities occurring. 3 Flinders University land that is in the Bushfire Prone Area is south of the residential area to the west, the southern border of the Ring Road and continues in a direct line to the adjacent residential boundary on the western side (see Appendix A for plan). It is noted that this area was not included as part of the study area for this audit. ⏐ FEBRUARY 2004 ⏐ PAGE 3
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