In order to keep the NSW looking as gorgeous as it does, there are a few rules and regulations surrounding the removal of trees. Here is everything you need to know before you decide to remove a tree from your property.
Do you need council approval to remove a tree?
It depends on the tree. If the tree is listed as a heritage item or is located in a conservation area, you will need council approval to remove a tree. If the tree is not listed and is not found in a conservation area, you may not need council approval but it’s always best to check with your local council first.
When can trees be cut?
Trees can be cut at any time of year, but it’s generally best to avoid cutting during the bird breeding season as this is when many birds will be nesting in trees. It's also recommended to avoid cutting down trees in wet conditions.
Which trees are protected in NSW?
There are a number of different tree species that are protected under the NSW Native Vegetation Act 2003, which means that you need approval from the Department of Planning, Industry and Environment to remove them. Some of the protected tree species include: Angophora costata (Sydney red gum), Eucalyptus haemastoma (scribbly gum), Lophostemon confertus (brush box), Syncarpia glomulifera (turpentine).
If you’re not sure whether the tree you want to remove is protected, you can check the list of protected plants in NSW or contact your local council for tree removal Sydney.
Can I remove a tree to build a house?
You may be able to remove a tree to build a house, but this will depend on a number of factors including the type of tree, its location and whether it’s protected. If you’re planning to build a house, it’s always best to check with your local council first to see if there are any restrictions in place.
Tree removal for building a driveway
If you’re planning to build a driveway, you may be able to remove a tree but this will depend on the type of tree and its location. You may not need council approval to remove the tree if it’s not listed as a heritage item or is not located in a conservation area. However, it’s always best to check with your local council first. If the tree is protected, you will need approval from the Department of Planning, Industry, and Environment to remove it.
Who pays for tree removal on the property line?
In most cases, the property owner is responsible for the costs of tree removal, even if the tree is located on the property line. However, there may be some circumstances where the cost of tree removal is shared between the two property owners, such as if the tree is causing damage to both properties. If you’re not sure who is responsible for the cost of tree removal, you should check with your local council.
How do you dispose of tree waste?
The best way to dispose of tree waste is to take it to your local landfill, transfer station, or green waste recycling centre. You can also use it as mulch or firewood, but it’s important to check with your local council first as some councils have restrictions in place.
Can you claim tree removal on your taxes?
Generally, you can't claim tree removal on your taxes. However, there may be some exceptions, such as if the tree was removed for medical reasons or if the tree was a hazard. If you're not sure whether you can claim tree removal on your taxes, you should check with a tax professional.
Is tree removal covered by insurance?
Tree removal is generally not covered by insurance. However, there may be some exceptions, such as if the tree was removed for medical reasons or if the tree was a hazard. If you're not sure whether tree removal is covered by your insurance policy, you should check with your insurer.
Will insurance cover dead tree removal?
Dead tree removal is the responsibility of the property owner. However, there may be some exceptions, such as if the tree was removed for medical reasons or if the tree was a hazard. If you're not sure whether your insurance policy will cover dead tree removal, you should check with your insurer.
Can I remove a tree without permission?
You can remove a small tree without approval if it meets the following criteria:
- The tree is not listed as a protected species.
- The tree is not located in a conservation area.
- The tree is not located on council land.
- The tree is not causing damage to property or posing a risk to public safety.
If you’re planning on removing a large tree, it’s best to hire a professional tree lopper as they will have the experience and equipment necessary to remove the tree safely.
What happens if I remove a tree without approval?
The penalties for illegal tree removal can vary depending on the type of tree and its location. The Land and Environment Court can impose fines of up to $1.1 million as the maximum penalty for illegally removing a tree. This includes but is not limited to:
- Removing a protected tree without approval.
- Destroying habitat for a threatened species.
- Damaging aboriginal heritage.
- You may also be required to replant the tree or pay for its replacement and maintain them until they mature.
Tree removal regulations NSW
It’s important to be aware of the tree removal regulations in NSW before you remove any trees from your property. These regulations are in place to protect our environment and ensure that trees are removed safely.
When removing a tree, you need to consider the type of tree, its location and whether it’s protected. If you’re unsure about the regulations, it’s always best to check with your local council before proceeding.
Type of tree
The type of tree will determine whether you need approval from the Department of Planning, Industry and Environment to remove it. Generally, you won’t need the approval to remove a small tree that is not listed as a protected species. However, you will need the approval to remove a large tree or a protected species.
Location of the tree
The location of the tree will also determine whether you need approval from the Department of Planning, Industry and Environment to remove it. If the tree is located in a conservation area or on council land, you will need the approval to remove it.
Protected trees
Some trees are protected by law and cannot be removed without approval from the Department of Planning, Industry and Environment. These include but are not limited to: Eucalyptus species, Acacia species, Banksia species, Corymbia species & Angophora species.
If you’re unsure whether a tree is protected, you can check the NSW Government’s list of protected trees.
Approval process
If you need the approval to remove a tree, you can apply online through the Department of Planning, Industry and Environment’s website. The application process can take up to 8 weeks, so it’s important to plan ahead.
Council Approval for Tree Removal
- Heritage and Conservation Criteria: Additional scrutiny is applied to trees that are listed as heritage items or located in conservation areas. The significance of these trees often requires a more rigorous approval process to ensure their protection.
- Local Council Consultation: It's crucial to consult with the local council, as regulations can vary between areas. Councils might have specific guidelines or requirements even for trees not classified as heritage or conservation.
Timing and Conditions for Tree Removal
- Seasonal Considerations: Avoiding tree cutting during bird breeding seasons protects local wildlife. Furthermore, wet conditions can pose safety risks and complicate the removal process.
- Environmental Impact: Understanding the ecological role of the tree, including its contribution to local biodiversity and ecosystem services, is essential.
Protected Trees in NSW
- Species Under Protection: The NSW Native Vegetation Act 2003 lists specific tree species that are protected. These include Angophora costata, Eucalyptus haemastoma, Lophostemon confertus, and Syncarpia glomulifera, among others.
- Department of Planning, Industry, and Environment: This department oversees the approval process for removing protected trees, emphasising the need for a balance between development and environmental conservation.
Tree Removal for Construction
- Building Developments: Removing trees to facilitate construction, whether for houses or driveways, requires careful consideration of the tree type, location, and legal status. In some cases, alternative construction plans that accommodate existing trees might be necessary.
- Impact Assessment: Assessing the potential impact of tree removal on local ecosystems, soil stability, and landscape aesthetics is important, especially for large-scale developments.
Financial and Legal Aspects
- Cost Responsibility: Generally, the property owner bears the cost of tree removal. In cases where a tree straddles property lines, cost-sharing agreements may be required.
- Insurance and Tax Considerations: Insurance policies and tax laws regarding tree removal vary and typically depend on the reason for removal (e.g., medical necessity, safety hazards).
- Illegal Removal Penalties: Penalties for removing trees without approval can be severe, underscoring the importance of following legal protocols.
Practical Considerations
- Tree Waste Disposal: Proper disposal methods, such as recycling into mulch or firewood, are encouraged, but local regulations may dictate specific disposal methods.
- Professional Assistance: For large or complex tree removals, hiring professionals with the necessary experience and equipment is advised for safety and efficiency.
Regulatory Framework in NSW
- Type and Location of Tree: The regulatory requirements vary based on the tree's species and location. Trees in sensitive areas or of significant species have more stringent rules.
- Protected Tree Species: A comprehensive list of protected species is available, and checking this list should be the first step in planning tree removal.
- Approval Process: The application process for removal can be lengthy, necessitating early planning and thorough documentation.
By understanding these detailed aspects of tree removal regulations in NSW, property owners, developers, and environmentalists can make informed decisions that balance development needs with environmental conservation.
