Appealing a tree decision in Australia: what the ACT Urban Forest Act and the Victorian planning system set out
Two Australian laws say who reviews a refused tree approval. In the ACT the decision-maker reviews it first and then the ACT Civil and Administrative Tribunal can; in Victoria a refused planning permit goes to the Victorian Civil and Administrative Tribunal.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It describes the Urban Forest Act 2023 of the Australian Capital Territory (ACT), republication 4 effective January 2, 2026, and the Planning and Environment Act 1987 of Victoria, version 167 effective August 3, 2026, with the Victorian Civil and Administrative Tribunal (VCAT) planning page and the Wellington planning scheme's Vegetation Protection Overlay clause, all read on October 9, 2026. It covers the ACT and Victoria only. How councils set permit rules is in the guide to tree rules in Australian and New Zealand councils.
The two routes side by side
| Place | First step the source names | Tribunal step |
|---|---|---|
| ACT | For approvals, cancelled approvals and tree management plans, an application to the decision-maker for internal review, within 14 working days of the internal review notice | The ACT Civil and Administrative Tribunal (ACAT), for the decisions the Act lists, including the result of an internal review |
| Victoria | None named in the Act: an applicant goes straight to the Tribunal | VCAT, for a refused permit, a failure to decide, a permit condition, and an objector's challenge to a grant |
The ACT
Part 8 of the Urban Forest Act 2023 splits decisions into two lists in its Schedule 1. Part 1.1 lists decisions that can be reviewed internally first. They include approving or refusing an activity under section 28, cancelling an approval under section 31, approving or refusing a tree management plan under section 85, and several canopy contribution decisions. Part 1.2 lists decisions that go straight to ACAT, among them a tree protection direction under section 44, the registration of a tree under sections 55, 60 and 66, and a site declaration under section 69.
For an internal review, section 133 says the application is in writing with the applicant's name, address and reasons, and that making it automatically stays the decision until it is dealt with. Section 134 says the conservator may ask the advisory panel for advice, which the panel gives within 30 working days. The decision-maker then reviews the decision and confirms, varies or sets it aside within 35 working days of the day it receives the advice or the application. Section 136 and item 7 of Part 1.2 let the entity named in the schedule apply to ACAT for review of that internal review decision.
Victoria
In the Wellington planning scheme a tree rule sits in a Vegetation Protection Overlay, and a review follows the ordinary planning permit route set out in the Act. In the Wellington planning scheme, clause 42.02-2 says a permit is required to remove, destroy or lop any vegetation specified in a schedule to the Vegetation Protection Overlay, unless the table at clause 42.02-3 says a permit is not required.
Section 77 of the Planning and Environment Act 1987 says an applicant for a permit may apply to the Tribunal for review of a decision by the responsible authority to refuse the permit. Section 79 covers a failure to grant a permit within the prescribed time, and section 80 covers any condition in a permit. Section 82 lets an objector apply for review of a decision to grant a permit, and says a planning scheme may exempt classes of application from that right. The VCAT planning page lists the cases it hears, including review of a responsible authority's permit decision, and says it cannot help with fencing or tree disputes between neighbours: for those it points to the Dispute Settlement Centre of Victoria. Neither that VCAT page nor sections 77 to 82 state a time limit for applying.
Sources
- ACT Parliamentary Counsel, Urban Forest Act 2023 (A2023-14), republication 4 effective January 2, 2026, read October 9, 2026
- Victorian Chief Parliamentary Counsel, Planning and Environment Act 1987, version 167 effective August 3, 2026, read October 9, 2026
- Victorian Civil and Administrative Tribunal, Before you apply: planning disputes, read October 9, 2026
- Victorian Planning Provisions, Wellington Planning Scheme clause 42.02 Vegetation Protection Overlay (clause 42.02-2 as amended by VC224 on October 28, 2022), read October 9, 2026