Sydney Tree Company regularly assists property owners in navigating NSW’s tree protection framework, including the council application process. Understanding the rules before any tree work begins is always the right starting point.
Not Sure If You Need Council Approval? Ask Us FirstSydney Tree Company advises on council requirements and manages the permit process. Call 0431 732 265. |
How Trees Are Protected in NSW
Tree protection in New South Wales operates across several layers of legislation, which can make it confusing to determine exactly what approval is needed in a specific situation.
State Environmental Planning Policy (Biodiversity and Conservation) 2021
The SEPP Biodiversity and Conservation 2021 contains provisions that protect trees and vegetation in NSW. This policy replaced earlier biodiversity policies and sits above individual council controls. It establishes a framework for when vegetation clearing requires approval and connects tree removal to the broader biodiversity protection regime.
Local Environmental Plans and Development Control Plans
Each NSW council has its own Local Environmental Plan (LEP) and Development Control Plan (DCP). The DCP typically contains specific tree preservation provisions that define which trees are protected, what activities require consent (development consent or a specific tree removal application), and the thresholds that trigger protection requirements.
The most common triggers for protection include species type (some species are protected regardless of size), trunk circumference (a common trigger is a trunk circumference measured at a specified height), height, and canopy spread. A tree that falls below all of these thresholds in your council area may be removed without consent. A tree that meets any one of them requires an application.
Tree Preservation Orders
Older tree preservation orders were the traditional mechanism for protecting specific trees or groups of trees. Many councils have moved away from standalone TPOs into their LEP and DCP frameworks, but some older orders remain in force. Sydney Tree Company’s preservation orders page provides direct links to each Sydney council’s specific tree protection information.
What Constitutes an Offence?
Removing a protected tree without development consent or other required approval is an offence under the Environmental Planning and Assessment Act 1979 (EPA Act) or under the relevant council provisions. The offence typically applies to:
- The complete removal of a protected tree
- Ringbarking (removing bark in a complete ring around the trunk, which kills the tree)
- Any work that is likely to cause the death of the tree or cause irreparable damage to the tree’s health
- Significant pruning beyond what the DCP permits without consent
In practice, councils take an expansive view of what constitutes harm to a tree under their protection provisions. Poisoning, severe root damage, soil compaction in the critical root zone, and other acts that damage a tree’s health can all constitute an offence even when the tree was not physically removed.
What Can Happen: The Consequences
Council investigation and stop work order
When a tree is removed without consent, councils typically investigate after receiving a complaint from a neighbour, a council officer observing the work, or through routine inspection. A stop work order may be issued if the work is ongoing. The property owner will be required to explain the circumstances of the removal.
Penalty notice (on-the-spot fine)
For unlawful tree removal, council officers have the power to issue a penalty notice (on-the-spot fine) for an immediate financial penalty. The amount of these penalty notices varies between councils and depending on the nature of the offence. They can be issued to both the property owner and to any contractor who carried out the work.
Prosecution
For more serious cases, or where a penalty notice is contested and the matter proceeds to court, the consequences can be significantly more severe. Under the EPA Act, penalties for environmental offences including unlawful vegetation clearing can be very substantial, particularly where the offence is considered serious or was committed knowingly. Corporations face higher maximum penalties than individuals.
| ✦ Penalties vary by legislation and council: The specific penalty amounts for unlawful tree removal in NSW vary depending on which legislation applies, which council is involved, and the nature of the offence. Rather than stating specific figures here that may change, check with your local council or the NSW Planning Portal for current enforcement provisions in your area. |
Replanting orders
Beyond fines, councils can issue orders requiring the property owner to plant replacement trees, typically of a specified species, number, and size. These replanting requirements are separate from any financial penalties and can impose significant ongoing costs if the replacement trees require established specimen trees rather than seedlings.
Remediation costs
In cases where the unlawful removal is associated with development or where the council determines that restoration works are required, the property owner may be required to fund remediation of the affected area.
Emergency Situations: When Removal May Be Permitted Without Prior Consent
NSW planning legislation does recognise emergency tree removal situations, where a tree poses an immediate risk to life and property and there is not time to obtain consent before the threat must be addressed. The requirements for a valid emergency removal typically include:
- The tree is posing an imminent risk to life or property that requires urgent action
- The risk cannot be adequately managed by any other means
- Documentation of the emergency circumstances and evidence of the risk is retained
- The relevant council is notified as soon as practicable after the emergency work
Emergency removal does not give carte blanche for any removal the property owner considers urgent. Councils assess claimed emergency removals and have the power to investigate whether the emergency claim was genuine.
The Correct Process: How to Get Tree Removal Approved
The right approach is always to check before cutting. Sydney Tree Company’s arborists can advise on whether your specific tree requires approval, assist with the preparation of the required arborist report or documentation for the application, and apply for the relevant council approval on your behalf where this is offered. This process takes time, but it protects you from the consequences of unlawful removal.
Check your local council’s requirements using the links on Sydney Tree Company’s preservation orders page, or call our team and we can advise on what applies in your specific area.
Let Sydney Tree Company Handle the Approval ProcessWe assist with council applications and arborist reports for tree removal in Sydney. Call 0431 732 265. |
Frequently Asked Questions
Do I need council approval to remove a tree on my own property in NSW?
Whether you need approval depends on the species, size, and location of the tree, and on your specific council’s tree protection provisions. In most Sydney councils, trees above certain size thresholds require a development application or tree removal application before work can commence. Native species, heritage trees, and trees identified in a council’s tree register may require approval regardless of size. Check your council’s specific requirements before any tree work begins.
Can my neighbour have me fined if I remove a tree?
A neighbour can make a complaint to council about tree removal without consent. Council officers have the power to investigate complaints and issue penalty notices. This applies whether the tree was completely removed or significantly damaged. The property owner is responsible for compliance with tree protection requirements, regardless of who removes the tree.
What if I did not know the tree was protected?
Ignorance of the tree’s protected status is generally not a defence to an offence under the EPA Act or under council provisions. The obligation is on the property owner to confirm whether approval is required before undertaking any work. If you have already removed a tree and are uncertain about its protection status, contact your council proactively and take advice before the situation escalates.