Council is trialling changes to the 45 Degree Rule Exemption (the Rule) for tree removal and substantial pruning in Shoalhaven Development Control Plan 2014 (DCP). This trial period is set to commence on 16 August 2023, and will run for an initial 12-month period. For more information, please go to the 45 Degree Rule page.
Council encourages trimming of trees over removal — an arborist can recommend which limbs should and shouldn’t be removed.
Council's Development Control Plan (DCP) Chapter G4 – Tree and Vegetation Management is a policy for tree and vegetation management on all non-rural land (land in any zone other than RU1-RU4) within the Shoalhaven LGA.
It is strongly advised to view this policy to understand what pruning and removal of trees and vegetation is permitted, when approval is required to be obtained, and when exemptions apply, applicable to the land zoning of your property.
To apply for approval to remove or prune trees and/or other vegetation on private land in the Shoalhaven Local Government Area, prepare and submit your application to through the NSW Planning Portal.
You are encouraged to contact council’s Environmental Services Team prior to commencing works.
Council is trialling changes to the 45 Degree Rule exemption for tree removal and substantial pruning in Shoalhaven Development Control Plan 2014 (DCP). This trial period is set to commence on 16 August 2023, and will run for an initial twelve-month period.
Learn More about the 45 Degree Rule
Lodge your application online via the NSW Planning Portal.
Download, complete and submit the ‘Owners Consent’ form within your application to Council.
Owners Consent form
To complete your application, please follow the application instructions to prepare and submit your application through the NSW Planning Portal.
Application Instructions
NSW Planning Portal
Once your application is processed, an invoice will be uploaded to the NSW Planning Portal. Once you have completed the invoice, your application will be forwarded to the Officer for assessment and determination which will also be uploaded to the NSW Planning Portal.
To search for the relevant council fees and charges, please go to our Fees & Charges page.
If a tree has hollows or a nest, an application must be made to council and an animal handler must be present to remove any native animal that may inhabit the hollow or nest if approved.
There may be other restrictions on your property such as heritage protection, scenic protection or biodiversity values. If you are unsure, please contact our Environmental Services Team and an officer can check this for you.
Lodge your application online via the NSW Planning Portal
From 1 January 2021, we require lodgement of applications for 'private tree permits' via the NSW Planning Portal. This change is in line with the NSW Government's plan for all councils to participate in their ePlanning platform for application lodgement.
If you would like guidance to complete your application, please contact the Environmental Services team on 1300 293 111.
To search for the relevant council fees and charges, please go to our Fees & Charges page.
If you are removing trees on rural zoned land you must seek approval through:
Are there other ways I can remove a tree?
If you are not able to remove a tree under the 45 Degree Rule Exemption, there are other ways that you may still be able to remove a tree on your property, including:
- Imminent risk to human life and significant property. If a tree poses an imminent threat to human life or significant property, it can be immediately removed without Council approval. If the tree is, you should contact the NSW SES or a qualified arborist for assistance.
- Trees under 5m can be removed without consent, as can certain exempt tree species that are considered non-native/ invasive. Refer to the Exempt Tree Species List.
- Tree Removal Permit
- Development Application with other works
- NSW Rural Fire Service 10/50 Rule
- NSW Local Land Services under the Local Land Services Act 2013 for properties located on RU1, RU2, RU3 and RU4 zoned land.
If you need clarification regarding these options, please contact Environmental Services on 1300 293 111.
What happens if I remove a tree unlawfully?
It is considered unlawful if a tree is removed without consent or is removed without meeting the Rule exemption requirements.
There are significant penalties for the illegal removal or pruning of trees and other vegetation which can result in substantial fines under the Environmental Planning & Assessment Act 1979 and the Local Land Services Act 2013.
It is also an offence to harm or pick threatened species, populations, or endangered ecological communities (EECs) under the Biodiversity Conservation Act 2016 and Environment Protection and Biodiversity Conservation Act 1999. Prosecutions can result in significant penalties, including fines and imprisonment.
Before you consider removing or substantially pruning a tree under the Rule, you should undertake your own due diligence to understand if there are any broader legislative requirements that may apply to your circumstance regarding tree management.
Can I poison a tree instead of removing it?
No. Poisoning of trees is not a good outcome as a tree becomes more brittle and more likely to fail. Further, felled trees are often used for burning (e.g., wood fires etc), and the chemicals in the wood from the poison can become toxic and a health risk.
As part of the trial changes, all removal tree works must be undertaken by an arborist with level three (3) qualifications.
I have a rural property and would like to remove trees or vegetation, what do I need to do?
If you are removing trees on rural zoned land (RU1, RU2, RU3 and RU4) you must seek approval through:
Local Land Services on1300 795 299
My neighbours trees are very large and I am concerned about them falling on my house.
Council does not have any involvement in neighbouring tree issues as they are a civil matter.
It is important to talk to you neighbour first about your concerns before seeking legal advice.
If legal advice is required, you may apply to the court under the provisions of the Trees (Disputes Between Neighbours) Act 2006. The act requires you to contact your neighbour first to explain your concerns.
Find out more:
Visit the Community & Justice, Legal Aid or Land & Environmental Court website for more information and to seek professional advice.
Additionally, you can read the Tree Disputes Factsheet to learn more about the Trees (Disputes Between Neighbours) Act 2006.
I’m concerned about a tree on public land.
The Rule in the DCP does not apply to trees on public land. If you are concerned about a tree on public land, you are encouraged to contact Council’s Tree Management Officers on 1300 293 111.
I have removed a tree, what can I replant?
Under the requirements of the Rule, you do not need to plant replacement trees following tree removal, however many landowners may wish to replant to maintain the amenity of the neighbourhood,
Council has prepared lists of local plant species that are suitable to grow in your area. You should ensure that any replanting has a suitable growth habit for the subject area.
What is the definition of a Tree?
Tree means a perennial plant with at least one self-supporting woody or fibrous stem, being:
a) more than 5m tall, or
b) more than 5m wide across the foliage crown or
c) having a trunk circumference of more than 500mm measured 1m above ground level.