Page 684 - Week 02 - Thursday, 24 March 2022
(1) The Guidelines for Use of Residential Nature Strips 2019 (the Guidelines) are not legislatively enforced. As noted in the disclaimer at the front of the Guidelines, they “are not law nor do they have the effect of a law, and they do not replace the law regulating the use of nature strips in the ACT.” The Guidelines are advice to residents about best practice in managing and maintaining residential nature strips. They are designed to help Canberra residents determine what types of activities can be undertaken on a nature strip and when approval is required for an activity, as well as to encourage everyone to take pride in maintaining their nature strips.
The Guidelines are aligned with provisions within the Public Unleased Land Act 2013 (the Act). For example, the Guidelines provide advice for clearance zones for pedestrians and cyclists to safely use footpaths and roads. In accordance with section 31 of the Act, the occupier of a residence may be issued with a direction notice to prune a tree or other plant if it is overhanging public unleased land and it is likely to obstruct or inconvenience anyone on the public unleased land. It is an offence to fail to comply with a plant pruning direction.
Similar provisions also exist for the enforcement of unauthorised work carried out on nature strips (public unleased land) without approval, or if a person carries on an activity that excludes members of the public from the land without an approved permit.
(2) Government authorised officers routinely engage with residents and members of the community regarding overhanging foliage and unauthorised use of nature strips. These actions are taken in response to complaints and/or through pro-active identification of non-compliance issues. Officers also provide written reminders (letterbox drop) where required to remind residents about the expectations for them to maintain their nature strip.
(3) and (4) I have been advised by my Directorate that the information sought is not in an easily retrievable form, and that to collect and assemble the information sought solely for the purpose of answering the question would require a considerable diversion of resources.
(5) Non-compliance with the legislative provisions of the Act is managed in accordance with the City Services Licensing and Compliance unit Accountability Commitment available at https://www.cityservices.act.gov.au/__data/assets/pdf_file/0019/1251343/DAS-Accountability-Commitment.pdf
(Question No 659)
Ms Castley asked the Minister for Transport and City Services, upon notice, on 11 February 2022:
(1) In relation to the response to question on notice No 511 in which the Minister stated that “An interim solution to relocate the existing STOP line forward by 2m will be implemented by January 2022. The timing of any further improvements arising from the Consultant’s report will be dependent upon the type and scale of recommended improvements”, can the Minister advise what existing STOP line he is referring to, given that there are only give-way signs at the intersection?