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Tree Preservation

It is Council's undertaking to protect and preserve trees and bushland to retain habitats for native birds and animals, and to maintain the aesthetic value of our area.

The Tree Preservation Order prohibits the ringbarking, cutting down, topping, lopping, pruning, removing, injuring or wilful destruction of any tree or trees specified below, except with the consent of Council, and any such consent may be given subject to conditions as the Council thinks fit.

An application must be lodged with Port Stephens Council to gain consent to remove trees. Please Note: From 1 July 2008 the fee for each application increases from $25.00 to $45.00.

The Tree Preservation Order applies to:-

I. All species of trees and shrubs (other than those referred to in the exemptions) where:-

• a) the girth of the tree or shrub exceeds 300mm when measured one (1) metre above the ground; and/or
• b) the height of the tree or shrub exceeds three (3) metres;

II. Mangroves (all species), NSW Christmas Bush, and Cabbage Tree Palm (all species), regardless of their height or girth; and

III. All trees or groups of trees which have been listed in Council's Register of Significant Trees regardless of their height or girth, on all land in the Council area of Port Stephens.

Exemptions

The Tree Preservation Order does not apply to:

I. Trees or shrubs in a State Forest or on land reserved as a timber reserve within the meaning of the Forestry Act 1916;

II. Trees or shrubs required to be pruned in accordance with Regulation 38 or 39 of the Overhead Line Construction and Maintenance Regulation 1962;

III. Any tree or shrubs within three (3) metres of an external boundary fence on lands zoned Rural 1(a)

IV. The removal of trees which is necessary to carry out works in accordance with an approved construction certificate a building approval or development consent (where construction certificate building approval is not required).

These may include:

• a) Trees situated within the physical perimeter of any building for which a construction certificate or building approval has been issued and/or within three (3) metres of the perimeter of such building (measured to the outside trunk of the tree);
• b) Trees which need to be removed in order to carry out an approved development not including building (eg. sand extraction), except as provided for by any condition of the approval or consent.

V. Trees or shrubs removed to protect human life, building or other property from imminent danger from a bush fire burning in the vicinity;

VI. Trees which have been the subject of an application to construct an asset protection zone or clearing permitted by a bush fire hazard reduction certificate under the Rural Fires Act 1997;

VII. The removal of plants of any species which have been declared as noxious plants under the Noxious Weeds Act 1993;

VIII. Any tree within three (3) metres of the wall of a building measured from the wall to outside trunk of the tree. (It is recommended that pruning of trees covered by this exemption be undertaken by a qualified arborist in a manner consistent with the Australian Standard for the Pruning of Amenity Trees - AS 4373)

IX. Any tree harbouring fruit fly or grown for its edible fruit;

X. The removal of any of the following species irrespective of height or girth:-

· Cotoneaster – All species within the genus Cotoneaster .

· Coral trees - All species within the genus Erythrina · Camphor Laurel (except those having important historical significance) Cinnamomum camphora

· Oleander - Nerium oleander

· Privet - Ligustrum spp.

· Radiata Pine - Pinus radiate, Pinus elliotii

· Rubber Tree – Ficus elastica

· Rhus Tree - Toxicodendron seccedaneum

· Cocus Palm - Syagrus romanzoffianum

· Tree of Heavan - Ailonthus altissima

· Umbrella trees - All species within the genus Schefflera

· Willow -All species within the genus Salix

XI. The removal of any tree which is dead, dying or dangerous. The onus of proof in this regard is on the landholder;

XII. Trees removed or pruned by, or with written authority of Council or other relevant statutory authorities for maintenance works in parks and reserves;

XIII. Trees removed or pruned by, or with written authority of, Council or other statutory authorities in accordance with Section 88 of the Roads Act 1993;

XIV. Regular maintenance of trees and shrubs where less than either twelve months’ growth or ten percent of the foliage is pruned in accordance with the Australian Standard for the Pruning of Amenity Trees - AS 4373 - 1996.

Offence

Any person who contravenes or causes or permits to be contravened this Tree Preservation Order shall be guilty of an offence.

This Tree Preservation Order is made in accordance with Clause 50 as adopted by Port Stephens Local Environmental Plan 2000.

Additional Information

The full TPO and Information about dangerous trees on neighbouring properties and overhanging branches from neighbouring properties is available by clicking on fact sheets below.

Tree Preservation Application Form & Checklist

Contact details
Vegetation Management Officer
02 4980 0118 (ph)
02 4987 3612 (fax)
council@portstephens.nsw.gov.au

© 2008 Port Stephens Council
This page: http://www.portstephens.local-e.nsw.gov.au/environment/1274/64548.html