Definition of a tree

Bega Valley Shire Council’s Tree Preservation Order (TPO) identifies a tree as meeting each of the following:

When is consent required for tree removal or pruning

TPO consent is required for tree removal and pruning on all land zoned "residential" (not "rural residential"), "village", "township", "industrial", "business" or "open space" and some "environmental protection" within the Bega Valley Shire. Anyone proposing removal of native vegetation from any other zone should contact the Southern Rivers Catchment Authority on (02) 64918200 to determine whether or not consent is required under the Native Vegetation Act 2003.

TPO consent is not required where work is carried out by or with the consent of the tree owner for the following:

1. The proposed tree removal or pruning involves dead trees, except where trees provide habitat for endangered or vulnerable species listed in Schedule 1 and 2 of the Threatened Species Conservation Act 1995;

2. Trees that are within four (4) metres measured from the closest point of the trunk at 1.3 metres above natural ground surface to the eave and guttering of an existing residential building or proposed residential building;

3. Crown maintenance works to a maximum of 20% of the canopy in any two year period that is carried out by a suitably qualified arborist in accordance with the Australian Standard AS 4373 – 1996 Pruning of Amenity Trees.

4. Tree works that are carried out in accordance with a Development Consent issued under Council’s LEP 2002;

5. Tree works that are carried out in accordance with an approved Hazard Reduction Certificate from the NSW Rural Fire Service;

6. Work is carried out in accordance with Section 48 of the Electricity Supply Act 1995

7. Work is carried out in accordance with the Noxious Weeds Act 1993

8. Trees that are listed as Exempt Species.

Requirements for making an application for tree removal or pruning

All applications for tree management works on both private and public land need to be made on a Tree Action Request Form.

The following general information is required to be submitted with an application. The amount and level of detail required may vary depending on the circumstances when applying for consent.

1. The written consent of the owner of the land;

2. Detail as to the reason for the removal of the tree;

3. A description of existing trees and vegetation including the following:

• A plan of the site showing the location of tree(s) to be removed, drainage and sewer mains, all buildings, paved areas and overhead power lines;

• Species type (Botanical and/or common names);

• Approximate height, canopy spread of individual trees and diameter of trunk (DBH) at a height of 1.3 metres above the ground.

4. A description (as above) of existing trees and native vegetation on adjoining land:

• Within three metres of the site boundaries (including street trees);

• Where the canopy of a tree overhangs the site boundaries.

5. Proposed site management works including:

• Trees and vegetation to be retained and protected;

• Methods of retention and/or protection during the works;

• Proposed new plantings (species, mature height and spread);

• Altered ground levels, including cut and fill details, if any;

• Site drainage including siltation and erosion controls to be implemented where necessary;

• Proposed horticultural details including growing medium, mulching and irrigation.

6. Where the proposal will cause injury to a tree with aesthetic, cultural, heritage or ecological significance, the application will need to include a report prepared by an arborist with a minimum qualification of certificate of arboriculture, or equivalent. A report will provide detail on the tree including but not limited to its condition, a review of options for managing the tree in accordance with AS 4373 – 1996 Pruning of Amenity Trees, any reasons why the tree cannot be managed in accordance with the Australian Standard, and a recommendation of the most appropriate management of the tree.

7. Applicable fees to be paid to BVSC (Refer to Council Schedule of Fees and Charges - Environment Tree Preservation Order).

Tree removal considerations

In assessing whether or not to approve an application for removal or pruning of a tree, BVSC must consider the following:

1. Whether the tree has significant amenity or aesthetic value or is ecologically significant in the local or regional context;

2. The condition, maturity and safe useful life expectancy (SULE) of the tree or native vegetation with respect to the practicality of remedial actions. In the case of trees considered dangerous, Council will consider a report on the condition of a tree prepared by a suitably qualified arboriculturist;

3. A report provided by a suitably qualified arboriculturist as where the tree is culturally or ecologically significant;

4. Whether the tree or remnant vegetation is affected by the provisions of any other Act, Regulation or State Environment Planning Policy (SEPP) applicable to the subject land;

5. The potential hazards to persons or property

6. The demonstrated need for reasonable solar access;

7. Whether a tree should be replaced by a more suitable species;

8. Whether an amenity tree no longer fulfils its original purpose in the landscape;

9. Whether the species’ natural propagation method is likely to create a nuisance in the landscape;

10. Whether appropriate additional or replacement planting has been, or should be, carried out;

11. The need for, and suitability of, erosion and siltation controls;

12. Whether permanent and/or temporary barrier fencing is required prior to works commencing;

13. Whether a monetary bond is required to ensure the protection of trees on-site and adjoining lands;

14. Whether the tree provides habitat or is a significant component of the habitat of a species listed in Schedule 1 and 2 of the Threatened Species Conservation Act 1995;

15. Whether prior to felling of a tree, special measures are set in place to reduce the potential for injury or death of animals likely to inhabit the tree.

16. Whether a Vegetation Management Plan should accompany the application for tree/vegetation works.

Provided that no significant hazard to persons or property applies, then the following shall not generally be considered as valid reasons to remove a tree:

• Leaf drop into gutters, downpipes, pools and so on;

• To increase natural light to a building or garden area;

• To improve street lighting of private property;

• To enhance views;

• To minimise fruit, resin or bird droppings on cars or buildings;

• Minor lifting of driveways or garden paths by tree roots;

• To erect a fence;

• Bushfire hazard control that has not been verified by Council;

• Potential damage to sewer mains unless supported by written expert advice and only where reasonable alternatives are not feasible (e.g. relocation or encasement of main pipe).

Works on public land

BVSC manages the care and protection of trees and vegetation on public land. BVSC will assess applications from the general public for the pruning or removal of trees on public land that may pose a risk to human health and safety and the safety of property.

Applications will be assessed, given a rating of priority according to the risk and entered into Council’s maintenance schedule. BVSC will, wherever possible, use remedial actions rather than tree removal to reduce any identified risk or nuisance.

Crown pruning

BVSC does not require approval for crown maintenance works to a maximum of 20% of the canopy in any two year period that is carried out in accordance with the Australian Standard AS 4373 – 1996 Pruning of Amenity Trees by an arborist with a minimum qualification of certificate of arboriculture, or equivalent.

However, the lopping of branches (the indiscriminate cutting of branches or stems between branch unions or at internodes on young trees) is unacceptable and the practice is can be in breach of the TPO.

Pollarding is the practice of cutting trees back to just above the same point every 1 to 3 years resulting in the production of multiple shoots. It is acceptable practice under AS 4373. When removing shoots, pollard heads should not be injured and cuts should be made as close to the swollen collars as possible without injuring the collars. BVSC only supports this pruning technique on deciduous species and on species that have been pollarded from an early age and does not permit this practice to be implemented on Australian native vegetation.

BVSC may approve crown modification in accordance with the Australian Standard for the Pruning of Amenity Trees AS 4373 – 1996.

Pollarded plane tree (Platanus spp.). This is common practice in horticultural settings and city streetscapes. This practice should not be carried out on Australian native species, particularly Eucalypts (Source: Harris, 1983).

Impacts from Neighbouring Trees

Common Law permits a land-owner to prune a neighbour’s tree where the tree overhangs a common boundary. Pruning is only permitted on the part of the tree that overhangs the property boundary and entering the neighbour’s property to carry out further work is not permitted unless prior consent has been granted by the owner of that property.

Where a tree or vegetation is protected by the TPO, and a permit is sought for pruning, Council may issue consent for work beyond the common boundary in order to comply with AS 4373, conditional on the owner of the tree giving consent to the works. If consent is not granted by the owner, then work must not occur beyond the boundary and it must comply with AS 4373 – 1996 Pruning of Amenity Trees.

Neighbours should negotiate the pruning requirements of a tree prior to any work taking place, including permission to enter the property to undertake necessary tree works and the removal and disposal of branches. In the event that parties cannot resolve disputes, the parties will be directed to appropriate mediation services such as The Dispute Resolution Network, The Community Justice Centre or a Chamber Magistrate. BVSC does not mediate disputes between neighbours and will be involved only for the purpose of administering the TPO.

Replacement Planting

It may be conditional upon consent of tree removal that the site is replanted with appropriate species.

Exempt Species

List if Exemptions - Exempt tree species on private land