Tree & Vegetation Management on Private Land

AT Lscape Private Trees.jpg

A private tree refers to any tree on land not under Council or government control or management. The Council has implemented various control measures aimed at safeguarding our local environment, which must be carefully considered before engaging in any activities related to or around trees on your property.

DEFINITION OF A TREE

DEFINITION OF A TREE

The provisions of Wingecarribee's Development Control Plan (WDCP) 2010 define section 6 urban areas and section 4 rural areas as: 

A perennial plant with at least one self-supporting stem which:

  1. Has a height of more than 6 (six) metres; and
  2. Has an outside circumference of at least 500mm at a height of 1 metre above the ground, or;
  3. Has an outside circumference of at least 500mm measured at ground level where the tree has been cut down or removed, or
  4. Has a branch and foliage crown spread of at least 4 metres.  Where ‘height’ means the distance measured vertically between the horizontal plan at the lowest point at the base of a tree which is immediately above ground and the horizontal plane immediately above the uppermost point of a tree.

If you do meet these criteria, you will need a permit to prune or remove any tree or vegetation if your property falls into one of these categories:

1. You wish to undertake tree work which is not to address issues of nuisance;

2. You wish to remove or prune greater than 10% of a tree;

3. It is in a Heritage Conservation Area, has heritage conditions or is heritage listed;

4. It is mapped as Biodiversity on the WLEP Biodiversity Map;

5. It is home to threatened species or contains native vegetation, which is habitat for threatened species, populations or ecological communities;

6. Trees on private property (alive or dead) that are within an Endangered or Critically Endangered Ecological Community (EEC or CEEC).  This is regardless of the size or proximity of the tree/s to an approved dwelling.  Trees in this category may also need a licence or approval from the NSW Office of Environment & Heritage or Commonwealth Department of Environment.

7. You have been issued a development consent that requires trees to be retained, or replanted;

8. A development application is required for removal of 10 or more trees;

9. You have a property in a designed 10/50 area;

10. You have a property in a designated 10/50 area but do not have the green tick because:

a. Your property is a heritage site, located within a Heritage Conservation Area (HCA); or

b. Your property is assessed to be a Regionally Significant, Threatened Species or Endangered or Critically Endangered Ecological Communities (EEC or CEEC)

Note:  Penalties apply if you do not follow the procedure for tree works. 

 

DEFINITION OF VEGETATION

Native vegetation  

Native vegetation in NSW is broadly defined as a plant native to New South Wales if it was established in New South Wales before European settlement and includes trees (including any sapling or shrub or any scrub), understorey plants, groundcover (being any type of herbaceous vegetation) and plants occurring in a wetland.  

Vegetation  

The definition of vegetation associated with an Item of Heritage or within a Heritage Conservation Area - means any plant life not defined as a ‘tree’ and includes, but is not restricted to, any sapling, shrub, scrub, understorey plants, groundcover (being any type of herbaceous vegetation) and plants occurring in a wetland.  

The definition of other vegetation – not associated with an Item of Heritage or not within a Heritage Conservation Area – means any plant life not defined as a ‘tree’ which is located:  

(a) in the riparian zone associated with a creek, river, watercourse wetland, stream, or other aquatic habitat as delineated in the Natural Resources Sensitivity Maps of the LEP,  

(b) within a wildlife corridor as delineated in the Natural Resources Sensitivity Maps of the LEP,  

(c) on land owned by Council or under its care, control or management, including road reserves. or performs an environmental role, as described below:  

  • provides habitat or likely habitat for threatened species, populations and endangered ecological communities as defined within the Threatened Species Conservation Act, or  
  • is koala habitat.  

WHAT PLANNING APPLIES TO YOUR LAND?

It is essential when applying for any tree management approval that you know what planning area effects your land.

You must consider the zoning of your property to determine the appropriate approving authority.

To assist you in lodging your Tree and Vegetation Clearing application with the correct Agency, you can use Council’s Tree and Vegetation Clearing Map User Guide to locate your property and obtain specific information on who to contact and what application process may be required.

You will also need to include certain Arboriculture assessment reports, if your approval is for a development application.  Information on who can prepare these reports and what they contain can be found in the Arborists section below.

If your property falls into one of these categories, you will need to lodge a development application for the tree work.

Click here for more information about Wingecarribee Shire's vegetation clearing process

Tree and Vegetation Clearing Map User Guide

 

 

Council has three methods of approval for the removal of trees and vegetation:

1. Tree Removal Exemption Form (TREX)

2. Vegetation Clearing Permit (VCP)

3. Development Application (DA)