Regulated and Significant Trees Legal Seminars

South Australia has recently returned to the forefront of tree protection with arguably, the strictest tree protection requirements in Australia.  The intent and object of these amendments to the Planning, Development and Infrastructure (General) Regulations 2017 are eminently clear however, their impact and effect presents both opportunities and challenges for councils and relevant authorities.

Kelledy Jones Lawyers (KJL) have developed three (3) legal seminars to explore these changes as they relate to Council planners undertaking development assessments, development compliance officers investigating tree-damaging activity complaints as well as horticulture, asset and property officers and others who manage trees within Council parks, reserves and road verges.

Each of our seminars is designed to be up to 2 hours in length and are offered to be delivered ‘in-house’ at your Council at a time and place agreed with you.  Seminar content is set out below.

Seminar 1 – planning assessments

  • Assessing tree-damaging activity applications for regulated and significant trees
    • Fruit trees, ornamental trees and other trees protected for the first time
    • Native tree protections
    • The 3m ‘rule’ as it concerns new and existing dwellings and swimming pools
    • Assessments of tree-damaging activity in residential/commercial contexts
  • Tree-damaging activity to neighbouring trees
    • Verification processes
    • Notification requirements
    • How to identify and QI potential tree-damaging activity not disclosed in a development application
  • ERD Court appeals and approach to risk assessments

Seminar 2 – development compliance

  • Identifying species
  • Measurements – trunk circumference and distance from dwellings/swimming pools
  • Evidence gathering tips and traps
  • Neighbour complaints; managing expectations and conflict
  • What if the tree survives?  Practicalities in enforcement where a tree recovers from tree-damaging activity
  • Use of civil penalties and other alternatives to prosecutions
  • Recent case authorities from SA and interstate

Seminar 3 – trees as a council asset / liability

  • The new requirements as they apply to council trees
  • Regular pruning and maintenance of trees – when is a DA required?
  • Avoiding tree damaging activity to council trees and trees on neighbouring properties
  • Regulated and significant trees and their impact on stormwater/infrastructure works
  • Measures to encourage tree canopy coverage on council land and private land

Investment: $1,650 + GST per session, or $1,350 + GST each if more than one council attend, and $4,450 + GST for all 3 sessions (or $3,450 + GST each if more than one council attend all 3 sessions).

Please contact Victoria Shute on 8113 7104 or  to book your seminars in today!