10/50 Vegetation Clearing

New laws are now in place to help people prepare their homes for bush fires in NSW. You can find out if your property is in a 10/50 Vegetation Clearing Entitlement Area using by visiting the NSW Rural Fire Service website here.

Exemptions - What does not need Council approval?

You do not need Council’s approval for tree or vegetation removal in some circumstances.  These are explained below in the diagram.  However:

• you must have the owner’s approval
• the land must not be a heritage item or  in a heritage conservation area

Exempt Trees or Vegetation

There are 12 categories of trees or vegetation that are exempt they are:

* Written justification is to be provided from an Arborist or suitably qualified person including photographs.  Council is to confirm in writing that a development application is not required prior to any removal or pruning work being undertaken.

1. Risk to human life or property* - The tree or other vegetation is a risk to human life or property.  You will still need to contact Council however an on the spot approval may be given if the tree is an immediate safety hazard.
2. Dead or dying* - The tree or other vegetation is dead or dying and is not required as the habitat of native fauna.
3. Exempt species - The tree or vegetation is one of the exempt species listed in Appendix 1 of this fact sheet (provided the tree is not on land that forms part of a heritage item or is in a heritage conservation area):
4. Noxious and environmental weeds - The tree or vegetation is one of the noxious weed species found on the Hawkesbury River County Council website or an environmental weed listed in Appendix 2 below.
5. Parasitic mistletoe - Any species of parasitic mistletoe or parasitic plant as identified by a qualified arborist.
6. Fruit trees - Seasonal pruning to maintain fruit production.
7. Seed collection - Pruning for the purpose of seed collection where less than 10% of the available seed resource is removed.
8. Trees or vegetation in State forests - Trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve.
9. Emergency Works or Bushfire Hazard Reduction – Trees or vegetation required to be removed for emergency access, emergency works, emergency fire fighting or bushfire hazard reduction work by Council, State Emergency Service, Rural Fire Service or other public authority.
10. Electricity supply – Tree removal or pruning required to maintaining minimum clearances from electricity supply cables, excluding trees that are situated on State Heritage listed or protected properties.
11. Land survey - The removal or clearing of any vegetation, in accordance with the Surveying Act 2000 or any regulation made under that Act, between properties for the purpose of enabling a survey to be carried out along that boundary by a registered surveyor where no alternative survey method is feasible.
12. School sites - The removal or lopping of a tree under State Environmental Planning Policy Infrastructure 2007 because the tree poses a risk to human health or safety or, if the removal or lopping is in accordance with the State government publication School Facilities Standards—Landscape Standard.

Protection - What needs Council approval?

The following 5 categories of trees or other vegetation are protected and therefore require approval before any tree removal, pruning or vegetation clearing.

Protected trees are those with a height greater than 4m or branch spread greater than 3m or trunk circumference 500mm or more.  However, you do not need approval if your property is:

• has an area less than 1000m2
• is NOT in Kurrajong or Kurrajong Heights
• is NOT heritage listed
• is NOT located on land shown on the Terrestrial Biodiversity Map
• is NOT shown  on the Environmental Constraints Area Map.

It is recommended that you contact Council’s Duty Officer to confirm whether any of the above restrictions apply to your property. Enquire at Council to find out your zoning and property size.

Protected Trees or Vegetation

There are 5 categories of protected trees or vegetation that need consent and they are:

1. Protected trees are those with a height greater than 4m or branch spread greater than 3m or trunk circumference 500mm or more.  However, you do not need approval if your property is:

• zoned R1 General Residential, R2 Low Density Residential or R3 Medium Density Residential
• has an area less than 1000m2
• is NOT in Kurrajong or Kurrajong Heights
• is NOT heritage listed
• is NOT located on land shown on the Terrestrial Biodiversity Map
• is NOT shown  on the Environmental Constraints Area Map.

It is recommended that you contact Council’s Duty Officer to confirm whether any of the above restrictions apply to your property. Enquire at Council to find out your zoning and property size.

2. Native trees or vegetation - These are specifically protected in certain zones (shown below) and also in other zones if shown on the Terrestrial Biodiversity Map or the Environmental Constraints Area Map.

Native trees or vegetation of any size located on land in the following zones:

• RU1 Primary Production
• RU2 Rural Landscape
• RU4 Primary Production Small Lots
• RU5 Rural Village
• R5 Large Lot Residential
• SP1 Special Activities
• SP2 Infrastructure
• RE1 Public Recreation
• RE2 Private Recreation
• E2 Environmental Conservation
• E3 Environmental Management
• E4 Environmental Living

3. Heritage items or heritage conservation areas - Any trees that are located on land that contains a heritage item or situated within a heritage conservation area. 

4. Kurrajong and Kurrajong Heights - Trees located in Kurrajong and Kurrajong Heights that have the following dimensions:

• height greater than four metres
• branch spread greater than three metres
• trunk circumference greater than 500mm (measured at 1 metre above ground level)

5. Trees within 40 metres of a watercourse - Any trees situated within the riparian zone (within 40 metres) adjoining a watercourse*.

*A watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include an artificial waterbody.

Frequently asked questions

Trees and Vegetation - Exempt Species and Environmental Weeds

More information

The following links provide more information on planning controls:

• Preservation of trees or vegetation in Council’s Local Environmental Plan
• Preservation of trees and vegetation in Council’s Development Control Plan

You can also contact Council’s Duty Officer on 4560 4444 during business hours.