Section 76(4A) applies where all the trees to be protected are contained entirely within a single allotment. In this situation, trees to be protected may, but do not need to, form a “cluster, line or grove” on that allotment. This means that trees dispersed over a single allotment may be identified together. However, to comply with section 76(4A), any trees to be protected must be described in a schedule to the plan and the allotment must be identified by street address and/or legal description.

Identifying trees on a single allotment

Identifying groups of trees on adjacent allotments

Section 76(4B) applies where the trees to be protected traverse adjacent allotments. This section is intended to apply to private properties with a contiguous area of trees. In this situation, the trees need to form a “group of trees”, meaning a cluster (which may be located within a broader bush or forest ecosystem), or a line or grove on adjacent allotments (eg, parallel to a driveway or public space, such as a road, footpath, park, stream corridor, or coastline).

The terms “cluster, line or grove” convey that a group of trees includes trees that:

  • are located in close geographic proximity to each other, although they are not required to overlap or touch
  • have an obvious level of visual connectedness to distinguish that group from other trees
  • may be the same or variable species.

A group of trees must not be dispersed, dissected, interrupted, or traversed by a road (including unformed roads) or an empty allotment (that is, an allotment with no notable trees that form part of that group).

Section 76(4B) contemplates that numerous groups of trees may be scheduled in a plan, even along the same street frontage. For example, in situations where trees within an area are to be protected but are dispersed, dissected, interrupted or traversed by a road or an empty allotment, several groups of trees may need to be scheduled separately.

The use of aerial photographs or geo-referencing (for example, global positioning system (GPS) or grid coordinates) alone does not satisfy the requirements for identifying a group of trees under section 76(4B). However, the use of geo-referencing or aerial photographs can be used in conjunction with the scheduling approach. For example, geo-referencing can be used to map the location of the protected trees in relation to property boundaries, which can provide further clarity to landowners and the public about the spatial extent of the tree protection.

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