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Tree Preservation Legislation and Tree Management

What is the legislation in place?

Council has a legal obligation to preserve trees and vegetation under the provisions of the NSW Planning and Assessment Act 1979.

The State Environmental Planning Policy (Biodiversity and Conservation) 2021 works together with the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016 to create a framework for the regulation of clearing of vegetation in NSW.
The Vegetation SEPP applies to all land zoned for urban purposes or environmental conservation/management under the Armidale or Guyra Local Environmental Plan 2012.

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  1. Urban and rural tree management

Urban and rural tree management

The region's trees and vegetation are protected under the Biodiversity and Conservation SEPP and the Local Land Services Amendment Act 2016.

The Biodiversity and Conservation SEPP is administered by Council and applies to all zoning except for the following rural zones:

  • RU1 Primary Production

  • RU3 Forestry

  • RU4 Primary Production and Small Lots

The Biodiversity and Conservation SEPP regulates proposed tree and vegetation removal that is not associated with a development (or proposed development) but still requires a permit from Council.

If tree removal is related to a development, for example a proposed residence, extension, subdivision or other construction, tree removals must be addressed in a development application.

For more information about tree removal on your property and whether or not you need a permit or development application, visit the Trees on My Property page.

Tree management on rural properties that are zoned as below is administered by the Local Land Services:

  • RU1 Primary Production
  • RU3 Forestry
  • RU4 Primary Production and Small Lots

Tree management on these properties falls under the Local Land Services Amendment Act 2016. 

 Council is not involved with tree management on properties in these zones.