Council Exempt Tree Works

The below is an extract from the Council Development Control Plans.

Development Control Plan

7.1.5 Exceptions to Permit Approval Requirements

Approval is not required to perform tree works or remove a tree if it is clear to Council that the tree is a risk to human life or property.

Council permit approval is also not required to perform tree works, if the tree:

• Is dying or dead, is less than 6 metres in height and is not potential habitat of native fauna or a part of an ecological community.

• Has been approved to be removed under an existing Development Consent issued by Council.

• Is located in a fuel free zone as determined by Council’s Fire Control Officer and that tree represents a fire hazard.

• Is of an undesirable species as listed in Table A below.

• Is to receive minor or maintenance tree works, including:

  • Crown thinning by a maximum 10% of the existing canopy in any two year period

  • The pruning of deadwood more than 50mm in diameter

  • The removal of live branches to a height of 2.5 metres from ground level

  • Formative pruning of young trees and power line clearance, as defined in Australian Standard (AS 4373-2007 Pruning of Amenity Trees)

  • Pruning to promote growth or fruit production in a manner which does not harm the health of the tree

• Is growing within two (2) metres of any building (excluding an outbuilding) measured horizontally from the closest point of the trunk at one (1) metre from ground level to the closest point of the vertical alignment of the building structure which may be the eave, guttering or fixed awning of the building.

• Tree works on public land owned by or under the care, control and management of Council and carried out by persons authorised by Council.

• Anything authorised by or under the State Emergency and Rescue Management Act 1989 or State Emergency Act 1989 in relation to an emergency and that was reasonably necessary in order to avoid an actual or imminent threat to life or property.

• Any emergency firefighting or bush fire hazard reduction work within the meaning of the Rural Fires Act 1997 that is authorised or required to be carried out under that Act (10/50 vegetation clearing).

• Biosecurity authorisation under the Biosecurity Act 2015.

• Plantation operations authorisation under the Plantations and Reafforestation Act 1999.

• Forestry operations authorisation under the Forestry Act 2012.

• Water management authorisation under the Water Management Act 2000.

• Mining/petroleum authorisation under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.

• Fisheries management authorisation under the Fisheries Management Act 1994.

• Survey work under the Surveying and Spatial Information Act 2002 and carried out under the direction of a surveyor.

• Roads authorisation under the Roads Act 1993.

• Private land conservation agreement under the Biodiversity Conservation Act 2016.

This means that the three species listed as Invasive Native species in the Local Land Services Act can not be removed without a Council permit if the area is under the Biodiversity Offset Scheme (BOS) threshold, or approval through the Native Vegetation Panel, if over the threshold.