The controls that apply
Three separate layers can sit over a tree on private land in New South Wales, and any one of them can stop you.
Council tree preservation controls. The main one for suburban blocks. Wollongong City, Shellharbour City and Kiama Municipal each protect trees above stated height and trunk thresholds through their planning instruments, with their own exemption lists and their own application processes. They are not interchangeable — check which council governs your suburb.
State biodiversity and vegetation law. Relevant on larger and rural blocks, where clearing native vegetation can engage a different and much heavier regime than a council tree permit.
Threatened species and endangered ecological communities. The Illawarra carries remnant vegetation that attracts protection beyond ordinary tree controls, particularly along the escarpment and in the rainforest remnants inland from Kiama.
The exemptions
Dead trees. Generally exempt, but document the condition before the tree comes down, with dated photographs and preferably a written assessment. Proving a tree was dead after it is in pieces on the lawn is hard.
Imminently dangerous trees. Also generally exempt, and the definition is narrower than owners assume. A tree with a crack that might fail eventually is not imminently dangerous. A tree that has partially failed and is being held by another is.
Listed exempt species. Councils publish species lists, usually declared weeds and problem exotics. Camphor laurel and several palms commonly appear on them. Check the current list — see palm tree removal.
Proximity to an approved structure. Some controls exempt trees within a specified distance of a dwelling. The distance is short, it is measured from the trunk, and it does not cover the whole yard.
The 10/50 entitlement. Inside designated 10/50 areas mapped by the NSW Rural Fire Service, trees within ten metres of a home and underlying vegetation within fifty metres may be cleared without approval. It applies only inside the designated area, which is not every bushfire prone block. Relevant through the escarpment suburbs like Thirroul and Figtree, and worth checking address by address.
What is not a reason
Leaf litter. Blocked gutters. Shade on a vegetable patch. Loss of a view. Fruit on the driveway. Dislike of the species. Councils hear all of these constantly and approve almost none of them, because every large tree does most of those things.
What does work: structural defect, disease, damage to a building or service, obstruction of an approved development, and genuine safety risk supported by evidence.
The sensible sequence
Ring council with the address and ask whether the tree is protected. If it is, work out what you actually need — a great many problems that present as removals are solved by crown reduction or deadwooding, and councils approve pruning far more readily than removal.
If removal is genuinely the answer, follow the approval process, get an arborist report if the tree is significant, and keep the approval paperwork. Then get the job quoted.
And if it is not your tree
Different rules again. A neighbour's tree is covered in overhanging branches and a council street tree in trimming council trees.
Ring (02) 4210 5885 for an assessment. This is general information, not legal advice.
Frequently asked questions
It is my land and my tree. Why do I need permission?
Because vegetation controls in New South Wales attach to the tree and the land, not to who owns it. Councils protect canopy for stormwater, heat, erosion and habitat reasons that do not stop at a title boundary, and state biodiversity and bushfire legislation sits over the top. Ownership gives you possession of the tree, not an unrestricted right to destroy it.
What happens if I remove a protected tree anyway?
Penalties for damaging or removing protected vegetation in New South Wales are substantial, and they fall on the property owner. Councils can also require replacement planting and pursue the assessed amenity value of the tree. Neighbours report these, aerial imagery shows the before and after, and a stump is difficult to explain away.
Does buying a property with a dangerous tree change anything?
No. You inherit the tree and the obligations that come with it. A known hazardous tree is also a liability if it fails and injures somebody, so an unsafe tree on a property you have just bought is worth getting assessed and documented early — both to fix the risk and to support an application if removal is the right answer.