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Trees on Private Property

Trees are an important part of our environment. As well as providing shade from the sun and shelter against the wind, they also provide food and habitat for wildlife, and add aesthetic value to our surroundings.

Trees within the Port Macquarie-Hastings local government area are protected by a Tree Preservation Order (TPO). This order prohibits the removing, poisoning, killing, clearing, ringbarking or knocking over of trees and the cutting, pruning, lopping or topping of living branches of a tree, its canopy or roots.

A copy of the complete Tree Preservation Order and Policy can be obtained from Port Macquarie-Hastings Council or you can look it up in Council's Policy register using this link. 

Preservation Order

The Tree Preservation Order applies to  trees on all land to the east of the North Coast Railway Line, and all properties to the west of the railway line except those properties zoned Rural 1(a1), 1(a3) and 1(a4).  If you are in doubt as to whether the Tree Preservation Order covers a particular property, please check with Council.

An application to prune or remove trees must be lodged with Council, and formal written approval obtained, prior to the commencement of any tree pruning or removing.

A tree is defined as:

  • A perennial plant 3m tall or greater.
  • A mangrove or cycad.
  • A rare or endangered tree species.

For more information regarding the Order please download our Download Tree_Preservation_Brochure_web.pdf Tree Preservation Brochure (226KB).

Exemptions to the Tree Preservation Order

  • Removal of dead branches and palm fronds.
  • Selective removal of branches up to 50mm in diameter which will not alter the canopy shape of the tree, nor destroy the aesthetic appearance of the tree.
  • Pruning large shrubs in excess of 3m in height for the purpose of ornamental shaping.
  • Agricultural fruit trees.
  • Trees located within 5m of a habitable dwelling measured from the wall of the dwelling to the trunk of the tree at chest height (1400mm).
  • Trees growing in an authorised plantation in  accordance with the Plantations and Reafforestations Act 1999.
  • Trees identified as environmental or noxious weeds.
  • Trees authorised in writing to be removed under the Bushfires Act 1949.
  • Approval has been obtained under the Native Vegetation (Conservation) Act.
  • The removal is in accordance with a current development consent.
  • Council-approved building plans specifically mark the tree for removal.
  • Trees required to be pruned in accordance with the Electricity Supply Act 1995 No 94 (signed authorisation from Country Energy must be provided).

Additional Exemptions: Rural Properties

Clearing within 4 metres either side of a boundary to erect and maintain  boundary  fences or within 4 metres of one side only of an existing internal permanent fence.

 Criteria for Tree Removal

Council will consider the following criteria when addressing an application for tree pruning or removal:

  • Is the tree dead, dying or dangerous (supported by an arborist report)?
  • Does the tree have a growth habit that will exceed the space it is growing in?
  • Is the tree causing damage to Council or private utilities or services?
  • Is the tree causing illness or severe allergic reactions to a person, and where the claim can be substantiated by medical documentation?

Additional Criteria: Rural Properties

Council will consider an application if the removal of the tree is required for the purposes of carrying out routine agricultural activities. 

 Criteria for Refusal

The following reasons are not adequate justification to remove trees:

  • Pruning and/or removing trees to enhance views.
  • Leaf fall.
  • A healthy tree on vacant land where a Construction Certificate has not yet been approved by Council.
  • No reason has been provided for the pruning/removal of the tree.
  • The tree is an item of heritage and development consent has not been issued.
  • The tree is a rare or endangered species.
  • The tree is of significant faunal habitat value.

Removal of trees without Council consent could result in prosecution and fines up to $110,000.

 Application Procedure

Applications are to be made in writing, using the "Application Form for removal/pruming of trees not in conjunction with the erection of a building", which can be downloaded by using this link Development & Environment - Application Forms.  An inspection will then be undertaken and if the application is approved, a permit for the removal/pruning will be issued.

A copy of this permit must be available and presented to an authorised Council officer on request.

For applications to remove tree/s that is/are alleged to be dying, diseased or dangerous, the application is to be supported by a report from a suitably qualified arborist.

For an application to prune tree/s, the application is to include a written specification prepared by a tree worker or arborist complying with AS 4373-1996, Pruning of amenity trees. For more information refer to Download 037_Guidelines_for_Preparing_an_Arborist_Report.pdf Guidelines for preparing an Arborist Report (19KB) and Download 066_Hire_a_Tree_Worker.pdf Guide to employing a Tree Worker (38KB).

Flow Chart of Application process   Download TPO_-_Application_Flow_Chart.pdf Application Flow Chart (19KB)

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