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The following guide is an excerpt from Bayside Council Development Control Plan (DCP). You access the full document here.

Tree Works Requiring Council Approval

Tree works are actions affecting the health, form, habitat or canopy of a tree or vegetation community and includes modification to the tree crown (all types of pruning work, crown thinning and crown lifting – refer to AS4373-2007), root pruning and tree removal.

The removal, lopping, topping, ring barking, injuring or wilful destruction of the following trees and vegetation without Council approval is prohibited:

  1. Any tree works that are not considered to be exempt (refer to Part 3L.4.3 – Exempt Tree Works);
  2. Any tree, palm or vegetation on private land (other than an exempt species listed in Table 3L.1) at least 3 metres in height or with a diameter at breast height (DBH) equal to or greater than 200mm or 600mm circumference for a multi trunked tree;
  3. Any tree or plant identified as a heritage item, located on a heritage listed property; and
  4. Any vegetation within an area identified as an Endangered Ecological Community under the Threatened Species Conservation Act 1995 or protected by any other State or Federal legislation (Environment Protection and Biodiversity Conservation Act 1999) irrespective of size.

Exempt Tree Works

The following tree removal or pruning works do not require Council approval:

  1. Any tree works that do not require approval under Section 3L.4.2 – Tree Works Requiring Council Approval;
  2. Tree works to exempt species identified in Table 3L.1;
  3. Trees that meet criteria under SEPP (Exempt & Complying Development Codes) 2008 (Clause 3.6A and Clause 5A.3);
  4. Removal of noxious weed species in the Botany Bay Local Government Area under the Noxious Weeds Act 1993 (as listed in Part 10 – Landscape Technical Guidelines for Development Sites);
  5. Pruning near domestic power or telecommunications lines to maintain line distance clearance where the work is a maximum distance clearance of 500mm of branches up to 50mm diameter at the nearest branch collar (Branch collar is the point of attachment to another branch/trunk). Work must be carried out by an experienced Arborist or Tree Surgeon AQF Level 5 in accordance with AS4373-2007;
  6. Minor pruning work at a maximum distance clearance of 2 metres measured from the surface of the structural component (wall/ roof) of the building’s edge and of branches up to 50mm in diameter at the nearest branch collar. (Branch collar is the point of attachment to another branch/trunk for branches overhanging the roof only);
  7. Tree works authorised under the Electricity Supply Act 1995 or the Roads Act 1993;
  8. Emergency work carried out by Council, State Emergency Services, Fire Services or a public authority;
  9. Removal or pruning works undertaken by Council or a contractor acting on behalf of Council on Council owned or controlled land; and
  10. Where Council is satisfied the tree is dying or dead or poses a risk to human health or safety.

Note: Part 3L.4.2 – Tree Works Requiring Council Approval overrides the exemptions listed above as Council approval is required for works involving threatened species, populations or ecological communities.

Table 3L.1 – Exempt Tree Species List

Species nameCommon name
Ailanthus altissimaTree of Heaven
Bambusa spp, Phyllostachys spp and othersBamboo
Cinnamonum camphoraCamphor Laurel
Note: Only trees under 5 metres high
Citrus spp.Lemon, Orange, Mandarin
Cotoneaster spp. Cotoneaster
Erythrina crista-galli. Coral Tree
Note: Only trees under 5 metres high
Ficus elastica Rubber Tree
Morus alba Mulberry
Nerium oleander Oleander
Olea europaea subsp.
cuspidata
Olea europaea
African Olive

European Olive
Prunus spp.
(fruiting species)
Fruiting species only (Peach, Plum,
Apricot, Cherry).
Note: Does not apply to
ornamental/sterile varieties.
Pyrus spp.
(fruiting species)
Fruiting species only (Pear).
Note: Does not apply to
ornamental/sterile varieties
Schefflera actinophylla Umbrella Tree
Syagrus romanzoffianaQueen Palm
Note : only palms less than 5 metres

Note: The above exemptions do not apply to trees upon land in a Heritage Conservation Areas or on land in which a listed Heritage Item is located or any tree listed on a Significant Tree List.

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