Significant

Tree Policy

August 2021

2 Significant Tree Policy August 2021

1. Policy aim and objectives

The purpose of the Significant Tree Policy (STP) is to:

• Define what a significant tree is for trees on private land in order to establish a Significant Tree Protection

Register.

• To provide policy directions for Council in accordance with Clause 9 of the Brimbank General Local Law 2018.

• To outline the responsibilities for landowners with a significant tree on their property.

• To demonstrate Council’s vision for the establishment of an Urban Forest through the Urban Forest Strategy

2016 (UFS) and Brimbank Tree Policy 2021 (BTP).

2. Definition of terms being used

a)

and

(the Act)

b) Brimbank General Local Law 2018 (Local Law)

c) Urban Forest - All trees, shrubs, grasses and groundcovers that exist in the urban environment are

considered as part of the Urban Forest which provide environmental benefits that supports liveability and

the well-being of people and fauna.

3. Policy statement and principles

Council is committed to increasing tree canopy cover across the municipality from the current 8.5% to 30% as

defined by Council’s UFS.

In order to achieve this, an increase in tree planting is required on public land (streets and parks) and private

land. Council is successfully delivering an increase in trees on public land, however, as private land constitutes

around 70% of all land across this municipality, an increase in trees on private land is required.

In addition to increasing trees on both public and private land, the protection of significant trees is an action

that will assist in achieving Council’s aim for a 30% tree canopy cover. Significant trees provide considerable

environmental benefits while mitigating the impacts of heatwaves. Large trees provide cooling in streets, parks

and homes where it’s needed the most during heatwaves.

Council currently has around 1,000 public trees identified as significant and these are managed to maximise

their longevity. The protection of significant trees on private land is considered equally important.

This document aims to establish clear guidelines for the establishment of a STP to protect significant trees on

private land in accordance with Clause 9 of the Local Law.

The STP supports Council’s BTP which has been developed to support the creation a cool, green, healthy and

resilient municipality through an extensive urban forest.

Significant Tree Policy August 2021 3

4. Specific requirements

The development of a BTP, as an update to Council’s current Street Tree Policy 2010, is recommended in

Council’s UFS and has been developed to provide clear directions for planting, management and maintenance of

trees on public and private land across Brimbank.

In support of this, the STP seeks to protect significant trees on private land as an imperative to achieving

sufficient canopy cover and to mitigate the impact of heatwaves. Brimbank was one of the first councils

in Melbourne to introduce a legal requirement for trees in the front and back yards of new infill housing

developments.

When Council updated its Local Law in 2018, a new clause was added in relation to Significant Trees.

In Council’s General Local Law 2018, Clause 9 provides the regulatory basis for the protection of significant

trees on private land as follows:

A STP, and associated Significant Tree Protection Register, is required in order to administer Clause 9 of the

Local Law.

The Local Law, and associated STP, makes it an offence for anyone who damages or removes a significant tree

on private land without a permit or specific written instruction from an electricity service provider.

In order to determine what trees are significant on private land and to establish a Significant Tree Protection

Register (Register), the following criteria is recommended to determine a significant tree:

• A trunk diameter, measured at breast height, of 50 centimetres or more

• A height of 15 metres or more

• Canopy cover of 100 square metres or more

Any tree on private land which meets the above criteria will be placed on the Register. Additionally, irrespective

of the above criteria, a tree may be included on the Register if it meets any of the relevant requirements set out

by the National Trust in relation to aspects such as aesthetical, historical, cultural and spiritual significance. A

tree that, for example, was planted in memory of a person or event might therefore be included on the Register

on request.

4 Significant Tree Policy August 2021

A landowner will be able to request a review of whether their tree should be included on the Register or not.

This request will only be consider based on following attributes:

• A tree is dead

• A tree is diseased

• A tree is dying

• A tree is dangerous

If a tree does not comply with any of the above, it will be included on the Register.

Once the STP is adopted, landowners will be advised that their tree meets one of the above requirements and

is now considered a significant tree and is protected. Landowners will also be advised that a Tree Work Permit is

required for any works to a significant tree.

The application for a Tree Work Permit requires the following:

1. Download Tree Work Permit Application Form (Form) from Council’s website, complete the Form and submit

to Council with permit fee.

2. The Form is processed by Council’s Local Law officers who will refer this to a Council arborist to inspect the

tree and make a recommendation in regards to the permit application.

3. Maintenance works in general will be approved, with works required to be completed by a qualified arborist.

4. A request to remove the tree will only be granted if the tree is dead, diseased, dying or dangerous. Healthy

trees will not be approved for removal. These criteria also apply to the removal of Council’s trees in streets

and parks.

5. Any request to remove a tree due to new buildings work will consider the retention of the tree as a priority,

including alternative design solutions to retain the tree. If the tree cannot be saved then a replacement

location of a new tree will be required.

6. Council arborist will provide advice to the Local Law officer who will issue a Tree Work Permit to landowner

based on advice received.

If works are approved, an approved arborist will be required to carry out the works.

If a tree is removed illegally without a permit Council can fine the landowner a maximum of 20 penalty units, as

per the Local Law, which currently equates to a fine of $2,000.

Significant Tree Policy August 2021 5

5. Local Government Act 2020

Compliance Statement

Section 9(1) of the

(Act) requires Council to give effect to the overarching

governance principles, in the performance of its role. Section 9(2) of the Act specifies the governance principles

as follows:

a) Council decisions are to be made and actions taken in accordance with the relevant law

(Compliance with the law)

;

b) Priority is to be given to achieving the best outcomes for the municipal community, including future

generations

(Achieve best outcomes for the community)

;

c) The economic, social and environmental sustainability of the municipal district, including mitigation and

planning for climate change risks, is to be promoted

(Promote the sustainability of the municipality)

;

d) The municipal community is to be engaged in strategic planning and strategic decision making

(Engage the community in strategic planning and decision making)

;

e) Innovation and continuous improvement is to be pursued

(Strive for innovation and continuous

improvement)

;

f) Collaboration with other Councils and Governments and statutory bodies is to be sought

(Collaborate with

all other levels of government and government agencies)

;

g) The ongoing financial viability of the Council is to be ensured

(Secure the ongoing financial viability of

Council)

;

h) Regional, state and national plans and policies are to be taken into to account in strategic planning and

decision making

(Strategic planning and decision making must take into account plans and policies in

operation at all levels)

;

i) The transparency of Council decisions, actions and information is to be ensured

(Council decisions, actions

and information must be transparent)

.

6 Significant Tree Policy August 2021

In developing the Significant Tree Policy, Council has considered and given effect to the overarching governance

principles, as summarised below:

(a) Compliance with the law

Not applicable for this Policy.

(b) Achieve best outcomes for

the community

This Policy seeks to ensure that this

municipality reaches its target of 30% canopy

cover for liveability for the future generations.

(c) Promote the sustainability of

the municipality

This Policy is aligned with Council’s Climate

Emergency Plan to ensure that future

heatwaves can be mitigated through an

extensive urban forest and canopy cover

of 30%.

(d) Engage the community in strategic

planning and decision making

Not applicable for the Policy.

(e) Strive for innovation and

continuous improvement

Not applicable for the Policy.

(f) Collaborate with all other levels of

government and government agencies

This Policy supports Council’s involvement

in Greening The West which is a regional

partnership seeking an increase in urban

greening across western municipalities.

(g) Secure the ongoing financial

viability of Council

Not applicable for the Policy.

(h) Strategic planning and decision making

must take into account plans and policies

in operation at all levels

Not applicable for the Policy.

(i) Council decisions, actions and information

must be transparent

Not applicable for the Policy.

Significant Tree Policy August 2021 7

DRAFT

31/03/2021

Issued for consideration for endorsement for

community consultation

N/A

Approved by Council:

Date approved by Council:

9249 4000

info@brimbank.vic.gov.au

PO Box 70, Sunshine, VIC 3020

• TTY dial

133 677

• Speak & Listen

1300 555 727

•

www.relayservice.gov.au

, then enter

03 9249 4000

www.facebook.com/brimbankcouncil

www.twitter.com/brimbankcouncil

www.youtube.com/brimbankcitycouncil

137 - 0421