The Planning, Development and Infrastructure Act 2016 (SA) provides that any activity that damages a significant or regulated tree is development.

A regulated tree is:

OR

The Regulated and Significant Tree Overlay is outlined in the Planning and Design Code, and applies to metropolitan Adelaide, townships in the Adelaide Hills Council, and parts of the Mount Barker Council.

A significant tree is:

Note: the minimum trunk circumference requirements of a regulated tree and a significant tree reduced on 16 May 2024. Existing development applications and approvals are unaffected if the activity is undertaken within 12 months of the change [see Planning, Development and Infrastructure (General) (Regulated and Significant Trees) Amendment Regulations 2024 Schedule 1].

An individual tree may also be declared to be a significant tree by the Planning and Design Code [reg 3F(5)]. Part 10 of the Planning and Design Code currently lists specific significant trees in the Adelaide, Burnside, Prospect and Unley council areas.

Any activity that could damage these trees is prohibited without development approval. Section 3(1) of the Planning, Development and Infrastructure Act 2016 (SA) defines tree-damaging activity as:

In addition, excessive pruning can also meet the definition of tree-damaging activity. Under regulation 3F(6) of the Planning, Development and Infrastructure (General) Regulations 2017 (SA), pruning that does not remove more than 30% of the crown of the tree and is required to remove dead/diseased wood or branches posing a risk to buildings or persons is excluded from the definition, provided it is undertaken at least 5 years after the last prune of this kind.

There are heavy penalties for doing prohibited work on a significant or regulated tree without permission. If a tree-damaging activity needs to be done urgently to a regulated tree to protect a person or building (or in other circumstances prescribed in the regulations), a person may undertake the urgent work, taking care to cause the minimum amount of damage to the tree. The person undertaking the tree-damaging activity must notify the relevant authority by telephone or by email within 28 days of the activity commencing and approval must be applied for afterwards [s 136(2) and Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 63].

Exemptions

There are a number of exemptions listed in the Planning, Development and Infrastructure (General) Regulations 2017 (SA) which exclude certain trees from the provisions concerning regulated and significant trees.

Council approval is not required to remove a significant or regulated tree if it is:

Applications

A council may either approve an application, approve it subject to conditions or refuse it. No notice of applications will need to be given to neighbours unless the tree is on council land. The normal application fees apply for tree owners but there is no fee for an affected neighbour seeking approval to lop on their side of the boundary.

If approval has been given to remove a regulated or significant tree, the council may make it a condition that replacement trees are planted or that money is paid into an urban tree fund. An applicant has the right to appeal to the Environment, Resources and Development Court within 2 months of the council's decision.

The requirement to obtain approval under the Planning, Development and Infrastructure Act 2016 (SA) for a tree-damaging activity in relation to a regulated tree applies despite the fact that the activity may be permitted under the Native Vegetation Act 1991 (SA). See the Law Handbook chapter on Nature Conservation for further information on how the Native Vegetation Act 1991 (SA) applies in South Australia.

For more information on significant and regulated trees, including the current list of exempt species designated by the Minister, visit the PlanSA government web page on Significant and regulated trees.