Council Requirements

Ballina Shire Council
Cherry St, Ballina NSW 2478
02 6686 4444
council@ballina.nsw.gov.au

Development Applications
Development Application
Statement of Environmental Effects (to accompany the DA)

Further Information
Vegetation Removal Factsheet
Overgrown Urban Private Properties Factsheet
Urban Vegetation Tree Management Policy
Development Control Plan, Chapter 2a – Vegetation Management

Removing a tree or shrub on Public Land
If you are concerned about the condition of a tree or shrub on public land*, or believe it may cause damage to persons or property, please contact Ballina Shire Council to report your concerns. Ballina Council has fully trained staff to properly assess vegetation and arrange for removal and/or pruning where required. Do NOT attempt to remove or prune the tree or shrub yourself. To do so could result in further action being taken by Council. Public land includes parks, reserves, nature strips, road verges and bushland under the control and management of Council.

Removing a tree or shrub on Private Land
Different rules apply in different parts of the Shire depending on the zoning of the land under the applicable local environmental plan.  In general, consent may be required for the removal of large trees in urban areas and for the clearing of native vegetation in rural and environmental protection areas.  Further advice should be obtained prior to commencing any work on private land that is likely to impact on native or non-native vegetation (including noxious weeds).  Contact Council’s Regulatory Service Group for further information on what rules apply to vegetation on your land and whether or not a development approval is required.

Byron Bay Shire Council
70-90 Station Street, Mullumbimby NSW 2482
02 6626 7000
council@byron.nsw.gov.au

Development Application
DA form – Tree Removal/Lopping

Further Information
Tree Preservation Order
Fact sheet – Lodging a DA for tree removal

Tree Preservation
1.  Byron Shire Council Tree Preservation Order applies to:
1. any species of tree, palm or fern exceeding three (3) metres in height,
2. any species of native plant within a community described as heath, mangrove, saltmarsh or sedgeland (of any height).

2.  Notwithstanding Clause (1), this Order does not apply to:
a. any tree grown for its edible fruit (other than species listed in the Threatened Species Conservation Act, 1995),
b. minor pruning or lopping associated with regular garden maintenance,
c. trees planted as part of a windbreak to an orchard,
d. trees planted for commercial woodlots or farm forestry,
e. trees within two (2) metres of the footprint of an existing building,
f. trees under and within two (2) metres of the footprint of a building for which a construction certificate has been issued;
g. trees listed in Attachment One as Undesirable Trees,
h. trees in Council caravan parks where removal or lopping is consistent with an adopted vegetation management plan.
i. Up to six (6) regrowth trees of less than ten (10) years of age per holding in a twelve (12) month period on any rural zoned land.

List of undesirable trees

Lismore City Council
43 Oliver Avenue, Goonellabah NSW 2480
1300 87 83 87
council@lismore.nsw.gov.au

Development Applications
Tree Pruning/Removal Application Form

Information about the pruning and removal of trees on private and public land
Lismore Council has a Tree Preservation Order (TPO) that is designed to make sure we retain healthy and potentially significant trees in our community. The TPO means that you must apply for consent to remove or prune trees. You can apply to prune or remove a tree by filling out an application form and paying a small fee.

Trees on private property
As well as trees on your property, we can also give permission to prune encroaching branches from a neighbouring property. If you live within a town or village area, it is likely that your property is covered by a Tree Preservation Order. The TPO does not apply to land that is contained within the following zones of the Lismore LEP 2012, however, consent from another authority may apply.

RU1 – Primary Production
RU2 – Rural Landscape
RU3 – Forestry
R5 – Large Lot Residential
E2 – Environmental Conservation
E3 – Environmental Conservation
W1 – Natural Waterways

Are all trees protected by a TPO?
No. Fruit trees, noxious and environmental weeds are all exempt, unless they are within 40 metres of a watercourse. You can find the list of exempt environmental weeds from Far North Coast Weeds and noxious weeds from the Department of Primary Industries.

Can I prune my trees?
Trees pruned inappropriately may become sick, diseased or at times potentially unsafe. For this reason you can only remove dead branches and dead trees without contacting Council. To do any other pruning of trees you must have approval.

Can I prune my neighbour’s tree?
Your neighbour’s trees can only be pruned if you have consent. You can apply to prune roots and overhanging branches of your neighbour’s trees if they are causing damage to your property or are likely to. Firstly, go and have a chat to your neighbour and see if you can work the issue out together.

What conditions apply to removing and pruning trees?
Generally, new trees have to be planted at a ratio of two new trees for each tree removed. It is recommended that trees are removed or pruned by a qualified and fully insured arborist. This ensures the best result for the tree.

What penalties apply?
Penalties for pruning or removing a tree or trees are severe. A $600 on-the-spot fine can be issued or more serious cases can be taken to the Land and Environment Court, where a much larger penalty is likely. Council can also ask for new tree planting or remedial pruning.

Trees on public land
If you have any enquiry about trees on public land you should call Lismore Council on 1300 87 83 87. This includes street trees, bushland trees and trees located within parks and reserves.

Tweed Shire Council
Murwillumbah Civic Centre 10-14 Tumbulgum Road Murwillumbah NSW 2484
02 6670 2400 or 1300 292 872
After Hours Emergency Calls – 1800 818 326
tsc@tweed.nsw.gov.au

Development Application
Development Application and Building Certification Process

Further Information
Tree Management Guidelines Policy (Council managed land)
Tree Preservation Orders
Preservation of Trees or Vegetation DCP (PDF)

Trees in parks, gardens and reserves (Council managed land)
Council is responsible for the management and maintenance of trees on the Shire’s street roadsides and those on Council owned land. Good planning, species selection and appropriate maintenance are vital for safe and manageable street, roadside and other trees that will provide aesthetic, physical, environmental and ecological benefits to the community.Council’s objective is to provide reasonable and consistent guidelines to defuse emotive situations that may arise over trees on Council owned land in a fair and consistent manner for our community.

Trees on my property (private property)
For information in regards to removing a tree from your property please see, Tree Preservation Orders and Preservation of Trees or Vegetation DCP (PDF). If you are interested in planting trees on your property please see our Native Plants page for guidelines on what species is best suited to your property, and Native Plants for information on what trees and plants will attract local fauna to your property. Council’s Nursery sells native rainforest plants at very competitive prices to the public.