Protected Trees in NSW: What You Need to Know

If you live in New South Wales, you might already have heard that some trees are protected by law. Maybe you discovered this when you contacted someone for a quote to remove them, or maybe you learned the hard way by getting a fine for removing a tree you shouldn’t have.

Let’s take a closer look at how the laws that protect trees in NSW work and what you can do to stay on the right side of the law.

Why Are Trees Protected?

Of course, there are environmental reasons for protecting trees, including, in some cases, their role in erosion protection. But there are also several other reasons why a tree might be protected, including:

• * If the tree is historically important – this usually applies to very large, very old trees that have been around for hundreds of years or more

• * If the tree is of aboriginal importance because it is a species or type that is significant to aboriginal importance

• * Because it is of botanical importance, based on the tree species

• * If it is a “landscape amenity” in that it provides shade or something else

• * For functional reasons, like erosion control

There are also specific species that you can’t remove or sometimes even cut back, such as:

• * Coral Tree

• * Camphor Laurel

• * Liquidambar

• * American Nettle Tree

• * Chinese Nettle Tree

These trees are automatically protected, even if they don’t meet one of the other criteria for protection.

Tree Protection Laws

Tree protection laws might vary slightly from area to area, so it’s always a good idea to contact your local council to find out what the process is for your area.

You will almost certainly need to apply for permission before you can do any cutting or removal, so make sure you don’t pick up any tools before you’ve ticked all the legal boxes!

The NSW Significant Tree Register

In addition to general regulations protecting trees based on their type and other factors, there is also a “significant tree register.” This lists individual trees that have particular importance, and that cannot be interfered with, regardless of requesting permission. The register is divided by area and city, so you can find out if there are any on your property.

Penalties for Tree Removal

Unfortunately, not knowing the law does not excuse you from consequences if you remove a tree without permission or even if you trim the wrong tree. Fines from the local council can go up to $110,000, but you could also be fined over a million by the Land and Environment Court if the tree you remove or tamper with is of special significance.

Check Before You Cut!

The simplest way to stay on the right side of NSW tree protection laws is not to cut anything until you’ve contacted the local council, had an inspection and got written confirmation and permits in place. A local arborist will also be able to advise you about protected trees, but even if you use one, you will have to get permits before they can start the job.

Not all fines for cutting trees are as high as we already mentioned, but they start at $5,000, so they’re not pocket change either! Don’t take a chance – get it all done legally.