Kingborough By-Law Review: Submissions close 19 July 2021!!
Channel: Gideon Cordover
Date: 04/07/2021

Kingborough's Environmental By-Law is up for review. The proposed changes include removing Part 7 of the Environmental By-Law which talks about trees on private property and requires the payment of "offset" financial contributions for those who seek to damage significant trees or trees of high conservation value. 

TO MAKE YOUR SUBMISSION TO KINGBOROUGH COUNCIL:
Step 1: review the proposed by-laws on the Kingborough Council website
Step 2: email kc@kingborough.tas.gov.au with the subject heading, "by-laws submission"
Step 3: write your comments about the proposed changes to the by-laws
You can also send your submission via post to Kingborough Civic Centre, 15 Channel Hwy, Kingston, Tasmania, 7050 or submit it in person at the Civic Centre. Submissions can be made up to the close of business on 19th of July 2021.

The public has until the 19th of July, 2021 to make a submission to the Kingborough Council to let them know whether or not you support the changes. More information about the public consultation is available here:
https://www.kingborough.tas.gov.au/council/codes-legislations-laws/proposed-council-by-laws/

The proposed changes to the Environmental By-Law includes removing the following:

PART 7: TREES ON PRIVATE PROPERTY. 
Removal of trees on private property
25 - (1) In this Part -

"high conservation value tree" means a tree that is of a species that is listed in the Threatened Species Protection Act 1995 or the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and/or which provide habitat for a threatened species listed in either of those acts.

"offset" means an offset under the Council's Policy 6.10 Biodiversity Offset Policy as amended from time to time, or in the absence of any current Council policy, an action the Council requires a  person to take that aims to compensate for an environmental impact that results in a loss of biodiversity caused by the person. An offset can include active management, a financial contribution and other actions that demonstrate a conservation benefit for a particular natural value.

(2)        A person must not cut down, top, lop, remove, ringbark, injure or wilfully destroy any tree which:

(a)         has a trunk circumference of greater than 80cm at 1.5 m or more above ground level, unless authorised by a permit to do  so; or

(b)         is listed on a register of significant trees applicable to the municipal area, unless authorised by a permit to do so; or,

(c)         is protected under an agreement under Part 5 of the Land Use Planning and Approvals Act 1993 or covenant on the title.

Penalty:      Fine not exceeding 15 penalty units

(3)        Sub-clause (2) does not apply to:

(a)         an environmental weed as listed in a planning  scheme  applicable to the land on which the environmental weed is located;

(b)         a declared weed under relevant State weed legislation;

(c)         an exotic species (including non-Tasmanian natives) not listed  on a register of significant trees applicable to the municipal area; or,

(d)         a tree whose removal is approved under a permit in respect of a use or development that is issued under the Land Use Planning and Approvals  Act  1993.

(4)        Where a permit is granted under sub-clause (2) the Council may require an offset if the tree that is the subject of the permit is listed on a register of significant trees applicable to the municipal area or is a high conservation value tree.

I encourage everyone to take advantage of the public consultation period to get a submission in before close of business 19 July 2021. The full report can be read on Council’s website in the agenda for the Council meeting held on 7 June 2021. The report outlines at 4.5 there have been numerous updates to the existing By-laws to reflect changes in legislation and contemporary community expectations.  This includes the removal of provisions relating to the regulation of native trees on private land from the Health and Environmental Services By-law following legal advice.