Rural Planning and Improvement Strategy - Minor Projects Environmental Guidance Note

Appendix B - Lands Administration Office Instruction Section D-12 Tree Preservation

A. General
B. Authority
C. Guidelines for giving approval to felling
D. Inclusion of tree clause for leased land
E. Applications to fell trees - procedure
F. Breach of tree felling clause
G. Building plan referral to/from B.C. III

D. Inclusion of Tree Vlause for Leased Land

  1. In processing the permanent or temporary alienation of land, or the modification of lease conditions which will result in more intensive development, and where trees exist on or adjacent to the site, which are likely to be affected by the development/redevelopment. Arch S D should be consulted at the initial stage to advise whether trees worthy of preservation exist.
  2. Where Arch s D advises that such trees exist, consideration should be given as to whether it is possible to preserve the trees without seriously affecting the development/redevelopment envisaged. A site meeting with a representative of Arch S D may be appropriate.
  3. In some instances Arch S D may advise that in view of the type, age and number of trees on the site no development should be allowed and all the trees be preserved. Such a case should be referred to Principal Government Land Agent (PGLA) for a decision as to whether the disposal should proceed.
  4. In the disposal of land where it is feasible to preserve some or all of the trees within the site i.e. Zone 2, 3 or 4 sites, a standard tree clause should be included as follows:
    "Any tree growing on the lot or adjacent thereto shall not be interfered with without the prior written consent of the Director who may, in granting consent, impose such conditions as to transplanting or compensatory landscaping/replanting as he may deem appropriate."
  5. In cases where a specific tree or group of trees is to be preserved, a special condition will need to be devised in consultation with Legal advisory and Conveyancing Office, Lands Department.

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