Tree Preservation Orders in NSW Explained: What Homeowners Need to Know

A Tree Preservation Order (TPO) is a local council regulation that protects trees above a certain size from being removed, pruned, or damaged without prior approval. In NSW, most councils enforce some form of tree preservation policy, and breaching one can result in fines exceeding $1 million for individuals and $5 million for corporations under the Biodiversity Conservation Act 2016. Before doing any tree work, you need to know whether your trees are protected.

As an arborist working across the Central Coast, Lake Macquarie, Newcastle, the North Shore, and the Hills District, I deal with TPOs on a daily basis. Every council handles them slightly differently, and the rules can catch homeowners off guard. Here is what you need to know.

How Tree Preservation Orders Work

TPOs are made under council's development control plans (DCPs) or local environmental plans (LEPs). They generally protect any tree above a defined size threshold -- typically measured by trunk diameter, height, or canopy spread. The specifics vary by council.

When a TPO applies, you cannot remove, lop, top, ring-bark, or damage a protected tree without first obtaining written council approval. This includes root cutting and poisoning. Even dead trees can be protected in some council areas if they provide habitat value.

TPO Rules by Council Area

Here is a summary of how TPOs work in the areas we service:

Central Coast Council

Central Coast Council protects trees with a height of 3 metres or more, or a trunk diameter of 100mm or more measured at 1.4 metres above ground level. There are some species exemptions for declared weeds and certain pest species. You need a tree permit before any removal or significant pruning.

Lake Macquarie City Council

Lake Macquarie protects trees with a height of 3 metres or more, or with a trunk circumference of 300mm or more at ground level. Their DCP also protects vegetation in certain environmental zones regardless of size.

City of Newcastle

Newcastle Council protects trees with a height of 4 metres or more, or a canopy spread of 4 metres or more, or a trunk diameter of 200mm or more at 1 metre above ground.

Ku-ring-gai Council (North Shore)

Ku-ring-gai has some of the strictest tree protection in NSW. All trees with a height of 3 metres or more, or a trunk diameter of 100mm or more at ground level, are protected. The council is well known for taking enforcement action.

The Hills Shire Council

The Hills Shire protects trees with a height of 5 metres or more, or a trunk diameter of 150mm or more at ground level. There are additional protections for trees listed in heritage conservation areas.

How to Check If Your Tree Is Protected

Before arranging any tree removal or major tree pruning, take these steps:

1. Measure the tree -- Check the height and trunk diameter against your council's thresholds. Measure trunk diameter at the height specified by your council (usually ground level or 1 to 1.4 metres above ground).
2. Check your council's website -- Most councils publish their tree preservation policies in their DCP. Search for "tree preservation" or "vegetation management" on your council's website.
3. Look for heritage listings -- Trees in heritage conservation areas or those individually listed on a heritage register have additional protections.
4. Check your property's zoning -- Environmental zones (E2, E3, E4 under the old system, or C zones under the new Standard Instrument) often have stricter vegetation controls.
5. Call your council -- If in doubt, a quick call to your council's tree management or planning department will clarify what approvals you need.

For a detailed walkthrough of the approval process, see our guide on council approval for tree removal in NSW.

Common Exemptions

Most TPOs include exemptions that allow you to act without council approval in certain situations:

- Dead trees -- Some councils exempt clearly dead trees, but others require assessment first. Do not assume.
- Emergency situations -- If a tree poses an immediate risk to life or property (such as after storm damage), you can generally take action to make it safe. Document everything with photos and notify council as soon as possible.
- Declared weeds -- Species listed as priority weeds under the Biosecurity Act 2015 are often exempt. Common examples include Camphor Laurel, Privet, and Rubber Trees, depending on the council area.
- Specific species lists -- Some councils maintain a list of exempt species that can be removed without a permit.
- Minor pruning -- Removal of dead wood, or pruning less than 10 percent of the canopy, is often permitted without approval. However, the definition of "minor" varies.

Even when an exemption applies, I strongly recommend documenting the situation with photographs before any work. If council later questions the removal, you will want evidence that the exemption was justified.

Penalties for Breaching a TPO

The penalties for illegal tree removal in NSW are severe and have been increasing:

- Fines of up to $1.1 million for individuals and $5.5 million for corporations under the Biodiversity Conservation Act for clearing native vegetation without approval.
- Council-issued penalty infringement notices (PINs) ranging from $3,000 to $15,000 depending on the council.
- Remediation orders requiring you to plant replacement trees and maintain them for years.
- Development restrictions -- If you remove a protected tree to clear a building site, council can refuse future development applications on that land.

I have seen homeowners on the North Shore and Central Coast receive significant fines for removing trees without realising they were protected. The cost of a proper permit application is a fraction of the potential penalty.

How an Arborist Can Help

A qualified arborist can assist with TPO matters in several ways:

- Assessing whether your tree is protected and which exemptions might apply.
- Preparing a tree permit application with supporting documentation.
- Writing an arborist report if council requires one. Read more about arborist reports and when you need one.
- Providing expert evidence about a tree's health, structural condition, or risk level to support your application.

Need Help Navigating Tree Preservation Rules?

If you are unsure whether your tree is protected or need help applying for a permit, I can assess your situation and guide you through the process. We work across Central Coast Council, Lake Macquarie, Newcastle, Ku-ring-gai, and The Hills Shire areas every week.

Call Daymian on 0432 687 647 or contact us online for a free assessment.