Bourke Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Bourke 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 Bourke Shire Council?
Bourke Shire Council generally does not require council approval to remove trees on private property — its tree controls don't apply to private land. Other laws (native vegetation, heritage, threatened species) may still apply, so confirm with the council.
Bourke Shire DCP contains no numeric tree-removal thresholds. LEP 5.9 delegates tree protection to the DCP by species/size/location, but the DCP (2012, amended 2016) only requires retention of unspecified "significant trees" in subdivisions and development design. No diameter, height, girth, or circumference limits are stated. For private land, no numeric protection regime is established.
When you may not need approval
- State forest land
- timber/forest reserve under Forestry Act 1916
- electricity supply infrastructure (Electricity Supply Act 1995)
- road works (Roads Act 1993)
- surveying works (Surveying and Spatial Information Act 2002)
- noxious weeds (Noxious Weeds Act 1993)
How to apply
The LEP allows for a permit or development consent to remove prescribed trees, but the DCP does not prescribe any trees by size—only refers to retention of "significant trees" without numeric definition
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 Bourke Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.