Trees on Private Land

If you are not able to remove a tree under the 45 Degree Rule Exemption, there are other ways that you may still be able to remove a tree on your property, including:

• Imminent risk to human life and significant property. If a tree poses an imminent threat to human life or significant property, it can be immediately removed without Council approval. If the tree is, you should contact the NSW SES or a qualified arborist for assistance.
• Trees under 5m can be removed without consent, as can certain exempt tree species that are considered non-native/ invasive. Refer to the Exempt Tree Species List.
• Tree Removal Permit
• Development Application with other works
• NSW Rural Fire Service 10/50 Rule
• NSW Local Land Services under the Local Land Services Act 2013 for properties located on RU1, RU2, RU3 and RU4 zoned land. 

If you need clarification regarding these options, please contact Environmental Services on 1300 293 111.

It is considered unlawful if a tree is removed without consent or is removed without meeting the Rule exemption requirements.

There are significant penalties for the illegal removal or pruning of trees and other vegetation which can result in substantial fines under the Environmental Planning & Assessment Act 1979 and the Local Land Services Act 2013.

It is also an offence to harm or pick threatened species, populations, or endangered ecological communities (EECs) under the Biodiversity Conservation Act 2016 and Environment Protection and Biodiversity Conservation Act 1999. Prosecutions can result in significant penalties, including fines and imprisonment.

Before you consider removing or substantially pruning a tree under the Rule, you should undertake your own due diligence to understand if there are any broader legislative requirements that may apply to your circumstance regarding tree management.

No. Poisoning of trees is not a good outcome as a tree becomes more brittle and more likely to fail.  Further, felled trees are often used for burning (e.g., wood fires etc), and the chemicals in the wood from the poison can become toxic and a health risk.

As part of the trial changes, all removal tree works must be undertaken by an arborist with level three (3) qualifications.

If you are removing trees on rural zoned land (RU1, RU2, RU3 and RU4) you must seek approval through:

Local Land Services on1300 795 299

Council does not have any involvement in neighbouring tree issues.

You may apply to the court under the provisions of the Trees (Disputes Between Neighbours) Act 2006 which will require that you contact your neighbour first to explain your concerns. 

Find out more:

• Tree Disputes Factsheet

Tree limbs that are overhanging your property from another neighbouring tree can be cut to the boundary, subject to whether approval is required. 

It is important to discuss your concerns and plans to remove limbs with the owner of the tree to avoid any disputes arising from proposed removal of limbs. It is advisable to engage a trained arborist to assess and carry out any pruning.

The Rule in the DCP does not apply to trees on public land. If you are concerned about a tree on public land, you are encouraged to contact Council’s Tree Management Officers on 1300 293 111.

Under the requirements of the Rule, you do not need to plant replacement trees following tree removal, however many landowners may wish to replant to maintain the amenity of the neighbourhood,

Council has prepared lists of local plant species that are suitable to grow in your area. You should ensure that any replanting has a suitable growth habit for the subject area.

Tree means a perennial plant with at least one self-supporting woody or fibrous stem, being:

a) more than 5m tall, or

b) more than 5m wide across the foliage crown or

c) having a trunk circumference of more than 500mm measured 1m above ground level.