Berrigan Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Berrigan Shire Council area — which trees are protected, the main exemptions, and how to apply for approval. This is the authoritative summary we keep for this council; always confirm against the official source linked below.
Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).
Compiled from the council's published rules and cross-checked. Always confirm with the council.
Which trees are protected in Berrigan Shire Council?
Trees about 5m tall or 20cm trunk (diameter at 1 metre above ground) or larger are generally protected and need approval.
Prescribed protection applies only to specific native tree species in designated zones; unspecified species outside these zones are not regulated under this clause (though other state legislation may apply).
When you may not need approval
- Trees not of specified species
- Trees under 5m height and 20cm trunk diameter
- Trees outside designated zones (RU5, R5, SP2, IN1, E3, riparian land)
- Certain circumstances per Section 5.9 LEP
How to apply
Development application required under Section 5.9 LEP to ringbark, cut down, top, lop, remove, injure or wilfully destroy prescribed trees
Other rules that can override the above
- RFS 10/50 Vegetation Clearing scheme — in a designated bush-fire area you may be able to clear trees within 10m of your home (and underlying vegetation within 50m) without council approval. Check eligibility with the NSW RFS online tool; it does not override threatened-species or federal law.
- Heritage items and heritage conservation areas — trees are usually protected regardless of size and most exemptions fall away.
- Threatened species, endangered ecological communities and Aboriginal places — exemptions generally do not apply.
- Federal EPBC Act — separate Commonwealth approval can be required if removal would significantly impact a nationally listed species or community.
Do I need a permit in Berrigan Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.