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Legislative Assembly for the ACT: 2012 Week 3 Hansard (22 March) . . Page.. 1250..


In the event the building is the subject of a Development Application (DA), and the Conservator determines the tree does not meet any criteria for removal, the ACT Planning and Land Authority (ACTPLA) may make a decision that is inconsistent with the Conservator's advice.

(2) See response to (1) above.

(3) No, the Rules under the Tree Protection (Approval Criteria) Determination 2006 (No 2) (DI 2006-60) do not vary.

(4) In the event the building is the subject of a DA, and the site includes a regulated tree, the DA will be referred to the Conservator for advice. The Conservator will advise if they determine the tree does, or does not, meet any criteria for removal. If the ACT Planning and Land Authority proposes to make a decision to act inconsistently with the Conservator's advice, the Conservator's liaison officer will be invited to attend a senior level panel and provide input in the consideration of the DA

(5) ACTPLA may only override the advice of the Conservator for a regulated tree if the person deciding the application is satisfied that the following have been considered:

(i) any applicable guidelines;

(ii) any realistic alternative to the proposed development, or relevant aspects of it; and

The decision is consistent with the objects of the Territory Plan.

ACTPLA cannot act inconsistently with the advice of the Conservator with respect to a registered tree.

The Environment and Sustainable Development Directorate is not aware of reasons for which the Territory and Municipal Services Directorate can make a decision that overrides the Conservator's advice.

Planning—regulatory impact statements (Question No 2094)

Ms Le Couteur asked the Minister for the Environment and Sustainable Development, upon notice, on 23 February 2012:

(1) Are Regulatory Impact Statements for planning regulations prepared in advance of the regulations they assess.

(2) Who prepares Regulatory Impact Statements for planning regulations.

(3) How are Regulatory Impact Statements used to determine whether the impacts of the Regulation will be significant and what criteria are applied.

Mr Corbell: The answer to the member's question is as follows:

(1) Yes.


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