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Tree removal laws in New South Wales

In most of urban NSW you need your council's approval (a permit) before removing or substantially pruning a tree that the council's Development Control Plan (DCP) protects. The DCP decides which trees are protected — usually by height and/or trunk size, and sometimes by species or location. Thresholds and exemptions differ from council to council, so the rule that applies to you is set by your local council, not by a single statewide number.

Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).

Common exemptions

  • Dead, dying or dangerous trees that are an imminent risk to people or property (most councils require a qualified arborist's report — keep photos and the report).
  • Minor pruning within Australian Standard AS 4373-2007 (often up to ~10% of the canopy in a year) — council-dependent.
  • Certain listed weed or exempt species, and trees under the council's size threshold.
  • Trees within a set distance of an approved dwelling — but the distance varies by council and many councils have no such exemption.

Rules that can override exemptions

  • 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.

New South Wales councils (128)

Pick your council for its specific tree-removal rules.

Common questions about tree removal in New South Wales

Do you need council approval to remove a tree in New South Wales?

In most of urban NSW you need your council's approval (a permit) before removing or substantially pruning a tree that the council's Development Control Plan (DCP) protects. The DCP decides which trees are protected — usually by height and/or trunk size, and sometimes by species or location. Thresholds and exemptions differ from council to council, so the rule that applies to you is set by your local council, not by a single statewide number.

What size tree is protected in New South Wales?

There is no single statewide size threshold in New South Wales. Each council's rules — and any planning overlay on your property — decide which trees are protected, often by height, trunk size, species or location. Check your suburb with the permit checker and confirm with your council.

Can I remove a dead or dangerous tree without a permit in New South Wales?

Usually yes — a genuinely dead, dying or imminently dangerous tree can often be removed without prior council approval in New South Wales. But this is council-dependent and the exemption falls away for heritage or registered trees, so most councils expect evidence: get a qualified arborist's report and keep dated photos before the tree comes down. If the danger is immediate, make the area safe and call an arborist — and your electricity distributor first if powerlines are involved.

What can override a tree-removal exemption in New South Wales?

Even where an exemption would normally apply, approval can still be required because of: 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. When any of these apply, assume the tree is protected and check before removing it.

How much does tree removal cost in New South Wales?

Tree removal in Australia typically ranges from about $150–$500 for a small tree to $1,000–$3,000+ for a large gum, and $3,000–$15,000 for very large or difficult jobs near buildings or powerlines. The price depends on size, access, and whether stump grinding and green-waste removal are included — the only way to know yours is a free on-site quote from a local arborist.

What law controls tree removal in New South Wales?

Tree removal in New South Wales is governed by State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP). Your local council administers the day-to-day rules — always confirm the current requirements before removing a tree.

Not sure about your tree? Check your suburb or see the tree removal cost guide.

Related guides

Official sources

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