Tree Management - Private Land

The Port Macquarie-Hastings Development Control Plan (DCP) - Tree Management provisions replaces the previous Tree Preservation Order policies for private and public lands.

The tree management provisions of the DCP protects trees within the local government area and prohibits the removal, killing, clearing, cutting, burning, ring barking, knocking over, drilling, poisoning, lopping, topping or cutting of living branches of a tree or root system, or damaging a trees root system by compaction , excavation or asphyxiation including unauthorised filling or stockpiling of materials.

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 tree removal.

A tree on private land is defined as:

• a perennial plant which is at least 3 metres in height, or
• has a trunk diameter of 100mm measured at 1.0 metres above ground level, or
• a cycad or mangrove.

 Exemptions to Tree Management - Private Land

1. The destruction of the tree is done in accordance with council approved plans for demolition or construction that specifically marks the tree for destruction
2. Removal of trees in accordance with the requirements of the Rural Fires Act 1997 or State Environmental Planning Policy (Infrastructure) 2007
3. There is limited removal of branches for trees outside 3m of a permanent habitable dwelling, such as:
• Removal of dead branches, including palm fronds, or
• Selective removal of branches up to and including a diameter of 50mm:
• which does not alter the canopy of the tree, and
• which does not destroy the aesthetic appearance of the tree canopy, and
• which does not alter the growth structure of the tree, and
• which is carried out in accordance with Australian Standard AS4373 Pruning Amenity Trees
• Pruning of large garden shrubs in excess of 3 metres in height for the purpose of ornamental shaping
4. The tree is dead
5. Trees where the nearside trunk of the tree is within 3 metres of the nearest external wall of an existing permanent dwelling, and only where the tree is located within the same property as the dwelling. Provided that, all pruning is carried out by a tree worker or Arborist with the tree owners consent, in accordance with the Australian Standard AS4373, and is not pruned more than once in a 3 year period

   Note: This exemption does not apply to detached garages, pergolas, decks, caravans or relocatable homes

6. The tree is growing in an authorised plantation in accordance with the Plantations and Reafforestation Act 1999
7. Essential Energy has requested and authorised in writing that the tree is to be pruned in accordance with Electricity Supply Act 1995. (Signed documentation authorised by Essential Energy or approved contractors is to be provided on request indicating that the tree is being pruned in accordance with the above Act and AS4373 2007)
8. The tree is identified as a noxious plant, or is listed as an undesirable species and  listed in  Appendix 1  within the PMHC Tree Management Specification Manual
9. Agricultural fruit trees