Tree removal and protection

Tree and vegetation protection is addressed under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) including:

• when trees and vegetation are considered ‘protected’
• what setback and protection measures apply
• the approval pathways that apply before a complying development certificate (CDC) can be issued, and
• when a CDC cannot be used and another approval pathway is required.

In NSW, most native trees and vegetation are protected. On complying development sites, they must be retained and protected, and any pruning or removal generally requires additional approval.

Trees or vegetation are protected when they require a permit, approval or development consent for pruning or removal.

The Codes SEPP sets out setback requirements and tree protection measures for protected trees on the lot and on adjacent lots.

Codes SEPP setback requirements for protected trees

The following codes have setback requirements for protected trees:

• Housing Code – section 3.33
• Low Rise Housing Diversity Code – section 3B.61
• Pattern Book Development Code – section 3BA.11
• Greenfield Housing Code – section 3C.36
• Rural Housing Code for rural and large lot residential zones – section 3A.24A
• Inland Code – section 3D.64.

Codes with additional tree protection measures

Schedule 6(6) tree protection measures apply to the:

• Housing Code – section 3.34
• Rural Housing Code – section 3A.39
• Greenfield Housing Code – section 3C.37
• Inland Code – section 3D.65.

Schedule 6A(7) tree protection measures apply to the:

• Low Rise Housing Diversity Code – section 3B.62
• Pattern Book Development Code – section 3BA.12.

Schedule 11(6) tree protection measures apply to the:

• Agritourism and Farm Stay Accommodation Code – section 9.14.

Any works on public land, including tree or vegetation clearing, require approval from council prior to a CDC being issued. A CDC cannot authorise such clearing under any circumstances.

On private land, where clearing of protected trees or vegetation that requires a permit or development consent is proposed alongside building works, the following approvals are typically required before a CDC can be issued:

• in rural areas: on category 2 regulated land, evidence that notice to or certification by Local Land Services has been completed for clearing of native vegetation for allowable activities
• in non-rural areas: a permit or development consent from the local council. If a Native Vegetation Panel (NVP) approval is required to clear vegetation, a CDC cannot be issued. Read the 'When a CDC cannot be issued' section for more information.

In non-rural areas, protected trees or vegetation on private land can be cleared without a permit in limited circumstances, as part of complying development, if all of the following criteria have been met:

• The tree or vegetation is less than 6 m tall.
• You cannot identify any hollows on the tree or vegetation (see Guide: Approval pathways for vegetation clearing proposals (PDF, 1 MB)).
• At least one new dwelling is being built that is at least 25 m² in size.
• The tree or vegetation will be within 3 m of the dwelling.
• Protected trees and vegetation removed under the Codes SEPP standards without a permit must be replaced. The replacement plants must be maintained to comply with the conditions of the CDC. Local replanting requirements set out in the council DCP, or equivalent vegetation management policies will apply; these documents may set out requirements such as number of replacement plants, preferred plant species and plant height. If a council has not set these requirements, a replanting ratio of 1:1 will apply.

Generally, complying developments that involve tree or vegetation clearing are limited to minor clearing works. More complex vegetation clearing should be assessed through a local development application.

The Other considerations section provides more information on when a CDC cannot be issued, including when a local development application is required to assess both building and vegetation clearing proposals.

For more information about the rules for affecting urban trees and vegetation, visit Protecting our urban trees and vegetation.

For more information about the rules for undertaking native vegetation clearing in rural areas, visit Native vegetation and land management in NSW.

Rural and non-rural zones

In NSW, rural zones are: RU1, RU2, RU3, RU4, RU5 and RU6. Tree and other vegetation clearing in these zones, except for RU5, is regulated by the Biodiversity Conservation Act 2016 and the Local Land Services Act 2013.

All other zones, including RU5 but excluding C1, are non-rural zones. Tree and other vegetation clearing is regulated by Chapter 2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (B&C SEPP), the Environmental Planning and Assessment Act and the Biodiversity Conservation Act 2016.

When a CDC cannot be issued

A CDC must not be issued, and a local development application will be required, if the proposed development is in a non-rural area and involves vegetation clearing that:

• involves a heritage item (unless agreed otherwise with council, see B&C SEPP section 2.10(3))
• involves an Aboriginal object (unless agreed otherwise with council, see B&C SEPP section 2.10(3))
• affects native vegetation within the Cumberland Plain Conservation Plan avoided land or strategic conservation area
• meets Biodiversity Offset Scheme (BOS) thresholds
• is on a significant tree register
• could not be otherwise authorised.

Note: this is not an exhaustive list and other land-based exclusions set out in Codes SEPP sections 1.19, 1.19A and 1.20 may apply.