There are a number of exemptions provided for in Central Coast Council's DCP (2022) Chapter 3.5 Tree and Vegetation Management for the removal and pruning of trees. Council and other authorities undertake a range of compliance actions each year in relation to reports of illegal tree and vegetation removal.
Council's DCP states that these exemptions as detailed further below do not apply when the tree or vegetation species is:
(i) a threatened species; or
(ii) a habitat tree for threatened fauna species; or
(iii) part of an endangered ecological community; or
(iv) the tree or vegetation to be removed or pruned is, or forms part of, a heritage item, an Aboriginal object, an Aboriginal place of heritage significance, or is within a heritage conservation area.
A Biodiversity Conservation Licence is required from NSW OEH for the items (i), (ii) and (iii) above.
Heritage approval (for minor maintenance works), or a development consent (significant works) is required from Council for trees or vegetation identified in item (iv) above.
For all other exemptions as detailed in the list of Exempt Tree Works below, Council has developed a range of templates that can assist in gathering the information that would be required in each circumstance. This is to assist residents in providing adequate information in demonstrating the exemption was valid should an investigation occur into claims of illegal removal or pruning. You are not required to send the information to Council rather you should keep the information for a minimum of 6 months.
The below information details the exemption and advises of requirements for each instance. It is recommended that the corresponding information be collected and retained in each circumstance to protect residents should Council investigate as part of a compliance matter. Where the requirements of an exemption cannot be met then a Private Tree Works Application will need to be submitted to Council. The letters in the first column of the table relate to the corresponding letter in clause 3.5 of Council's DCP.
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- Where any tree is removed under these exempt provisions, recorded evidence from a Trade (AQF3) or Consulting (AQF5) Arborist identifying the tree species and condition must be retained by the landowner for a period of 6 months after removal and be made available to Council on request (i.e., photographs and written expert advice).
- Evidence requirements do not apply where the works are required to be carried out for emergency purposes, e.g., authorised by the Police, Ambulance, SES, Fire Brigade, RFS, etc.
- Removal or pruning in accordance with Australian Standard for Pruning of Amenity Trees (AS4373-2007).
NOTE: It is recommended that the pruning exemption DCP 3.5.3.2 (f), which allows branches to be pruned greater than 50 mm in diameter over the roof line of an approved structure, have a Pruning Specification (see Tree Pruning Specification form in 'f' below).
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Photo evidence - resident to retain for minimum of 6 months and to be provided upon Council request (before and after photo).
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Photo evidence - resident to retain for minimum of 6 months and to be provided upon Council request (before and after photo).
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Photo evidence - resident to retain for minimum of 6 months and to be provided upon Council request (before and after photo).
Removal or pruning in accordance with Australian Standard for Pruning of Amenity Trees (AS4373-2007).
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Applicable to branches no more than 50mm in diameter.
Pruning in accordance with Australian Standard for Pruning of Amenity Trees (AS4373-2007).
- No attachment evidence required
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Pruning branches within 3 metres of powerlines by a licensed contractor, or within 1 metre of telecommunication wires.
- No attachment evidence required
Where directly overhanging the roofline of an approved structure, in accordance with Australian Standard for Pruning of Amenity Trees (AS4373-2007).
- Pruning specification written by a minimum AQF 3 Arborist. Resident to retain for 6 months and to be provided upon Council request.
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Australian Government Department of Environment & Energy website “Weeds in Australia”
Photographic evidence including:- Photo of tree (whole tree)
- Close up of bark, flowers, foliage, and fruit. (fruit & flowers may not be present)
Resident to retain for minimum of 6 months.
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The removal or pruning of trees or vegetation comprising any of the tree species as detailed within Council’s Undesirable Species List in accordance with Australian Standard for Pruning of Amenity Trees (AS4373-2007).
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The removal of vegetation by manual means, without the use of equipment and / or machinery.
- No attachment evidence required