Vegetation & Tree Removal

Check the zoning of your land on

• Byron Shire Local Environmental Plan 2014 on the NSW Planning Portal spatial viewer
• Native Vegetation Regulatory Map.

For any vegetation removal on land zoned RU1, RU2 or DM please contact Local Land Services on 1300 795 299

Otherwise, Continue to Step 2.

Check if the proposed clearing exceeds the Biodiversity Offsets Scheme threshold

The Biodiversity Offsets Scheme threshold is comprised of two triggers:

Trigger 1 - Area clearing

The area clearing trigger sets out thresholds for clearing above which approval from the Native Vegetation Panel (NVP) is required.

The clearing threshold varies depending on the minimum lot size associated with a property. Where there is no minimum lot size, the actual lot size of the property applies.

Trigger 2 - Biodiversity Values Map trigger

The Biodiversity Values Map identifies land with high biodiversity value that is particularly sensitive to impacts from development and clearing. This land appears as a purple layer on the map.

Any clearing of native vegetation or other biodiversity impacts on land identified on the map will trigger the requirement for approval from the NVP.

If the vegetation proposed to be cleared exceeds the area clearing trigger or is identified on the Biodiversity Values Map, approval from the NVP is required.

You can also phone Local Land Services on 1300 795 299.

Applications to the NVP must include a Biodiversity Development Assessment Report (BDAR) prepared by an accredited assessor. 

• View public register of accredited assessors
• Call the Department of Planning, Industry and Environment on 1300 361 967.

If thresholds are not exceeded, Continue to step three. 

Check if the Development Control Plan Chapter B2 applies

Development Control Plan 14 - Chapter B2 - Preservation of Trees and Other Vegetation(PDF, 390KB) 

If the Development Control Plan (DCP) applies to the vegetation proposed to be cleared, apply for a permit to remove the vegetation

If the DCP does not apply to the vegetation proposed to be cleared, a permit is not required from Council.

Continue to step 4.

Check threatened species

Contact an ecologist to check whether the vegetation is:

• a threatened species
• likely to be habitat for a threatened species
• comprises part of a threatened ecological community.

If found, you will need to apply for a Biodiversity Conservation Licence from the NSW Department of Planning, Industry and Environment.

Department of Environment and Heritage - Threatened Species

If this doesn't apply, please contact Council's Development Support Officers for advice.

Approval from Council or the Native Vegetation Panel may be required.

The State Environment Planning Policy (Vegetation in Non-Rural Areas) 2017( Vegetation SEPP) has been introduced to regulate the clearing of native vegetation not associated with a Development Application (DA) in non-rural areas of NSW. This policy works with the Biodiversity Conservation Act 2016 and the Local Land Services Act 2016.

The Vegetation SEPP only applies to non-rural land.

Approval pathways for vegetation clearing activities now depend upon the purpose, location and extent of the vegetation clearing. You can use the tool below to figure out which approvals may apply to your clearing activity.

Biodiversity assessment and approvals decision support tool

The Vegetation SEPP applies to non-rural land zoned under the Byron Shire Local Environmental Plan 2014 as  RU5, R2, R3, R5, B1, B2, B4, B5, IN1, IN2, SP1, SP2, SP3, RE1, RE2.

Deleted E zones are not applicable just yet, these areas have been deferred. If your property is within these deferred areas you will need to lodge a development application for to remove trees or vegetation.

If your land is zoned RU1, RU2 or DM the Local Land Services Act 2016 applies - contact Local Land Services on 1300 795 299.

You can check the zoning of your land to see whether your property is located in an urban area using the NSW Planning Portal spatial viewer. 

Check DCP 2014 Chapter B2 Preservation of Trees and Other Vegetation(PDF, 390KB) to see if it applies to your proposed tree removal.

If the DCP applies, you will need to apply for a permit to remove or prune trees. A permit will only be granted if the criteria in the DCP are met*.

Submit a Tree Removal Permit form. 

You are required to pay the application fees when lodging your application with Council. 

*If the proposed vegetation clearing of vegetation is a type of vegetation removal to which Chapter B2 does not apply, then the vegetation removal does not require a Tree Removal Permit.

Once your application is received, it will be assessed, and a decision will be made regarding the approval for the removal of the specified vegetation or tree(s).

The tree or vegetation should present an imminent threat to safety, not an alleged threat.

Although works to trees covered by DCP14 - Ch 2 - Preservation of Trees and Other Vegetation(PDF, 390KB) require Council's formal approval, there are certain operations which are exempt from obtaining consent and for which Council can agree on.

Anyone who proposes to fell a dead, dying or dangerous tree should apply to Council using the Tree Removal Permit form. This enables the Council to check the condition of the tree and agree if the works are necessary. The form is to be accompanied by the following:

• Photos of the vegetation showing the whole tree, bark, leaves and location of the vegetation to establish context on the property.
• Where a Council officer is uncertain as to the health of the vegetation, Council may require an Arborist’s Report from a minimum AQF Level 5 qualified arborist (as specified in Appendix B2.3 of DCP) to accompany the request.

There are no fees associated with this type of application.

Not notifying the Council about planned works could lead to enforcement measures being taken.

A dead/dying, or dangerous tree approval is not development consent for the purposes of any Local Environmental Plan adopted under the terms of the Environmental Planning and Assessment Act 1979.

A dead, dying, dangerous tree approval is merely a declaration from Council confirming that the trees in question are not subject to the protections provided by the Vegetation SEPP and Council’s DCP. The onus remains upon the applicant to obtain any other approvals or development consent that may be required to remove the trees, including but not limited to those required under the National Parks and Wildlife Act 1974, Biodiversity Conservation Act 2016, Local Land Services Act 2013, or any other environmental planning instrument adopted under the terms of the Environmental Planning and Assessment Act 1979.

Note that the removal of dying or dead vegetation that is the habitat of native animals is not exempt from requiring approval. 

Vegetation clearing or pruning that does not require a permit from Council or approval from the Native Vegetation Panel may still require a Biodiversity Conservation Licence from the NSW Department of Planning, Industry and Environment if the vegetation proposed to be cleared is a threatened species, habitat for a threatened species (e.g., hollows in trees), or forms part of a threatened ecological community.