Kempsey Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Kempsey 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 Kempsey Shire Council?
Trees about 3m tall or 15cm trunk (diameter at 1.0m) or larger are generally protected and need approval.
Kempsey requires both height and trunk diameter thresholds for protection; also shields threatened species (any size), endangered ecological communities, Aboriginal heritage trees, riparian vegetation buffers, and heritage items.
When you may not need approval
- trees less than 3m in height
- trees with trunk diameter less than 150mm at 1.0m
- dead or dying trees
- trees posing risk to human life or property
- trees within 10m of dwelling except threatened species
- noxious weeds
- environmental weeds
- approved plantations and state forests
- exempt species list (privet, rubber tree, false acacia, etc.)
- Camphor Laurels up to 1.2m diameter
How to apply
Development Application to Council; Class A trees require 14-day public exhibition; approval issued as Development Consent Notice
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 Kempsey Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.
Suburbs in Kempsey Shire Council
- Aldavilla
- Arakoon
- Austral Eden
- Barraganyatti
- Bellbrook
- Bellimbopinni
- Belmore River
- Burnt Bridge
- Clybucca
- Collombatti
- Comara
- Cooperabung
- Corangula
- Crescent Head
- Deep Creek
- Dondingalong
- East Kempsey
- Euroka
- Fishermans Reach
- Frederickton
- Gladstone
- Grassy Head
- Greenhill
- Hampden Hall
- Hat Head
- Hickeys Creek
- Jerseyville
- Kempsey
- Kinchela
- Kundabung
- Millbank
- Mooneba
- Moparrabah
- Mungay Creek
- Old Station
- Pola Creek
- Rainbow Reach
- Seven Oaks
- Sherwood
- Skillion Flat
- Smithtown
- South Kempsey
- South West Rocks
- Stuarts Point
- Summer Island
- Temagog
- Toorooka
- Turners Flat
- Verges Creek
- West Kempsey
- Willawarrin
- Willi Willi
- Wittitrin
- Yarrahapinni
- Yarravel
- Yessabah