Trees on private land

Tree on private land

By law, landowners are responsible for preserving certain trees and vegetation on their land.

Some trees are protected, such as local native trees. Trees that are identified as an important part of our history and culture are also protected.

Find out what you need to do before removing a tree or vegetation on your property. Council is responsible for trees on public land.

For advice on which trees are best for your property head to native plants.

Report vegetation clearing to Council

If you suspect vegetation clearing has been carried out unlawfully you can report this to us online. Your personal details will be kept confidential.

Tree removal in residential areas

You may need to lodge an application to remove or alter any prescribed vegetation on non-rural property.

Prescribed vegetation

Protected trees and plants in non-rural areas are called prescribed vegetation. This includes local native trees, very large trees, koala feed trees, threatened plant species and heritage listed trees.

For details see what type of vegetation are you removing?

Prescribed vegetation is declared by:

How to apply

Before starting, check if you need approval - if so, you may need to lodge a development application instead.

Apply online - Removal/pruning of trees or vegetation clearing on private land

There is no fee to lodge this application.

Do I need approval?

Are you in a non-rural zone?

Under SEPP (Vegetation in Non-Rural Areas) 2017 and Council’s DCP A16 you may be required to lodge an application if you are in one of the following common land use zones:

  • Residential Zones (R1, R2, R3, R5 large lot residential, RU5 Village)
  • Business Zones (B1-B7) and Industrial Zones (IN1, IN4)
  • Recreation Zones (RE1, RE2)

See NSW legislation for a full list of non-rural zones.

To check your land use zone, see Tweed LEP mapping or contact us.

If you are in one of the following rural zones/areas, contact Local Land Services on 1300 795 299:

  • Rural Zones (RU1, RU2)
  • Waterway Zones (W1, W2)
  • Deferred Matter Areas

What type of vegetation are you removing?

You may require an application if you want to remove the following types of prescribed vegetation under DCP A16 (some exemptions may apply).

  • Local native trees: equal to or greater than 5 m in height.
  • Local native vegetation: (of any height) that occurs as part of a bushland community.

An application will always be required to remove the following vegetation. No exemptions apply.

  • Very large trees: trunk diameter equal to or greater than 0.8 m (measured at 1.4 m above natural ground level)
  • Primary koala feed trees: Eucalyptus robusta (Swamp Mahogany), E. tereticornis (Forest Red Gum), E. microcorys (Tallowwood) and E. propinqua (Small-fruited Grey Gum) greater than 5 m in height
  • Threatened plant species, population or community: listed under the Biodiversity Conservation Act 2016 or Environment Protection & Biodiversity Conservation Act 1999
  • Listed significant vegetation: for example, Heritage listed tree under Schedule 2 of DCP A16.

Exemptions

If any of the following applies you do not need to lodge an application:

  • An exemption under Schedule 1 of DCP A16
  • Works are part of an approved development application
  • Other legislation overrides the need for a permit

Camphor Laurel trees

Although camphor laurel trees are a recognised weed with a “general biosecurity duty”  under the NSW Biosecurity Act 2015, you require a permit to remove “very large trees” of any species (including weeds) in non-rural zones e.g. residential areas in the Tweed Shire. A very large tree is a tree with a trunk diameter greater than 80 cm at 1.4 m above ground level.

Harvesting trees of any species (including weeds such as Camphor Laurel) for forestry products (e.g. logs and wood chip) in rural zones requires development consent for a forestry operation if over a certain scale e.g. harvesting more than 20 trees more than 3m tall on a single property within a 12 month period. Forestry operations are generally prohibited in most residential zones under Tweed LEP 2014.

For further advice contact us

Also see managing weeds.

Tree removal in rural areas

Clearing of native vegetation in rural areas may need approval under the Local Land Services Act 2013.

Rural areas include:

  • RU1 – Primary Production
  • RU2 Rural Landscapes 
  • DM – Deferred Matter areas (where not associated with an activity that requires development consent).

Contact Local Land Services on 1300 795 299 or see Local Land Services for more information.

If clearing is associated with an activity that requires development consent see below.

Clearing for works under a development consent

Trees or vegetation that need to be removed as part of works under a development consent must be included in your development application.

For example, clearing associated with construction of a new house (including access roads and house pads).

(Do not use the above online application form for removal/pruning of trees or vegetation clearing if the reasons for removal are related to an activity that needs development consent.)

Development applications which propose impacts to trees and vegetation must address (for example):

Trees on neighbouring properties

Council does not have authority to require a property owner to remove a tree on their property (unless it's impacting Council managed public land).

Council cannot become involved in civil disputes about trees on private property unless the trees are Prescribed Vegetation under DCP A16 and a permit is needed for removal or pruning.

It's best to talk to your neighbour if there's a problem. Most people are happy to help and may not know there's a problem until you chat to them.

Disputes between neighbours

The Trees (Disputes Between Neighbours) Act 2006 provides a way for resolving disputes between neighbours involving trees through the Land and Environment Court.

Under this legislation, residents must first attempt to resolve a dispute through mediation with neighbours before applying to the Court to have their case heard.

Find out more:

  • Community Justice Centre
    The Community Justice Centre (CJC) provides a free mediating service to assist you in coming to an agreement with your neighbour. It is not mandatory for your neighbour to attend the CJC, but most people are willing to discuss the issue with a neutral facilitator to resolve problems and prevent them from escalating any further. Contact 1800 990 777 between 9 am and 5 pm, Monday to Friday (excluding public holidays) to discuss your situation with the CJC.
  • Legal Answers
    Has a tool kit that has helpful information in regards to neighbourhood issues including tree disputes. Call 1300 888 529.
  • Law Access
    If the issue is still not able to be agreed on the Trees (Disputes between neighbours) Act 2006 allows an owner or an occupier to apply to the Land and Environment Court for an order to remedy, restrain or prevent damage to property or injury to a person as a consequence of a tree on adjoining land.

Before making an order, the Court must be satisfied that the applicant has made a reasonable attempt to reach an agreement with the owner and that the tree has caused, or is likely to cause, injury to person or property.

The Court also needs to consider the location of the tree, historic or cultural significance, its place in the environment, its intrinsic value and its relationship to soil suitability and the water table and whether a Council permit is required and whether or not it would be granted.

The Court has the power to authorise the applicant to take action, authorise the land to be entered, require compensation or costs to be paid or require the replacement of a tree.

Can Council remove a tree on my property for me?

No, Council only manages trees on public land, such as our parks and gardens. We recommend using an experienced, insured and qualified arborist (minimum TAFE Certificate III in arboriculture).

Also see

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