Trees Protected by Local Law 2 – Neighbourhood Amenity, Clause 36
Under Clause 36 of Council’s Local Law No 2, a person must not, without a Permit, “destroy, damage or remove or allow to be destroyed, damaged or removed; cut, trim, lop or prune or allow to be cut, trimmed, lopped or pruned” any Significant Tree or any other protected tree on private property.
A protected tree is:
a tree with a single or combined* trunk circumference greater than 155 centimetres measured at one metre above ground level; to reach the combined trunk circumference, the four largest trunk circumferences should be measured
a tree listed on Council’s Register of Significant Trees
a tree planted in accordance with the replacement planting condition of a Local Law permit
Exemptions to the Requirement for a Permit
A permit is not required to prune a tree if the work is to be carried out by an arborist trained to AQF Level 3 in Arboriculture, or above, or equivalent recognised and relevant experience that enables them to perform the tasks required by Australian Standard No. 4373, 2007 Pruning of Amenity Trees. The contractor must certify their work, including photographs of before and after work.
In an emergency, any tree that is an immediate threat to life and or property may be removed without a permit.
Trees listed on the Department of Primary Industry noxious weed list.