Tree Protection

In reply to the Hon. T.A. FRANKS ().20 March 2025).

The Hon. E.S. BOURKE (Minister for Emergency Services and Correctional Services, Minister for Autism, Minister for Recreation, Sport and Racing): I have been advised by the Minister for Planning:

The government is consulting on a regulatory change (the draft Planning, Development and Infrastructure (General) (Miscellaneous) (No 2) Amendment Regulations 2025), that will ensure there is no difference between tree controls applying to a school site—regardless of whether it is a state or private school. It is acknowledged that the expert panel for the Planning System Implementation Review made a recommendation (No. 43) that tree regulations apply to all state government projects. The government response supported the recommendation in principle subject to undertaking further investigation.

As part of those investigations, the government considered that all schools are sites where trees can, on occasion, pose a significant risk to student safety. The government considers that where required, tree removal or pruning should be able to be easily undertaken regardless of whether it is a government or private school. The government is consulting on this regulation change and will consider feedback on the matter before determining whether to proceed with the change.

The exemption for state schools has been in existence since the tree controls first came into effect and there has not been wholesale removal of trees on state school sites. As part of the Environment, Resources and Development Committee's Inquiry into the Urban Forest, an example of the lengths that a private school had to go through to remove a dangerous tree on their grounds was provided. That tree had dropped sizeable limbs in the play area of the school. The school spent more than 12 months seeking approval to have the tree significantly pruned to make it safe (with the play area roped off and unavailable as a play space for children). Had it been a state government school, the school would have been able to prune the tree as required before limbs fell. This is the key issue that the regulation amendment is seeking to resolve.