Tree Removal Laws in Australia What You Need to Know When it comes to tree removal on your property in Australia, many homeowners assume they have complete freedom to cut down any tree they wish. However, the reality is quite different. Several tree species are protected under state and local laws, meaning that removing them without permission could lead to hefty fines or even legal action.
In this comprehensive guide, we’ll explore the rules regarding tree removal in Australia, including:
- Which trees can be cut down without permission
- Which trees are protected and require special approval
The fines for illegal tree removal
- Additional factors to consider when removing trees
By the end of this article, you’ll have a clear understanding of how to navigate tree removal regulations and avoid potential legal trouble.
Can You Remove Any Tree from Your Property in Australia?
Generally, you do have the right to remove trees from your property—provided they are not listed as protected or subject to specific local regulations. However, before cutting down any tree, it is crucial to check with your local council or a certified arborist to ensure compliance with the relevant laws.
Each state and territory in Australia has different rules regarding tree removal. Some councils have strict guidelines on tree height, species, and proximity to structures, while others have more relaxed regulations.
When Can You Remove a Tree Without Permission?
You may not need approval to remove a tree if:
✔️ It is a non-native or invasive species (e.g., pine trees, yucca trees, and Japanese pepper trees).
✔️ The tree is dead, dying, or poses a serious risk to safety.
✔️ It falls under the 10/50 vegetation clearing rule (applicable in bushfire-prone areas).
✔️ The tree is within a specific distance from a dwelling (varies by council).
However, even if the tree meets these criteria, local regulations can still apply—so it’s always wise to check with your council before proceeding.
What Trees Can Be Cut Down Without Permission in Australia?
In Australia, tree removal regulations vary between states and territories. While many non-native and invasive tree species can be removed without restriction, certain native and significant trees are protected.
Here are some examples of trees that typically do not require permission for removal:
- Pine Trees (non-native)
- Yucca Trees (invasive)
- Japanese Pepper Trees (non-native and fast-growing)
- Camphor Laurel (invasive in some areas)
Even for these trees, you should still verify with your local council before proceeding, as regulations may vary.
Which Trees Are Protected and Require Special Permission to Remove?
Instead of asking which trees can be freely removed, it’s often more useful to identify trees that cannot be removed without permission. Many native Australian species are legally protected due to their ecological value.
Below is a state-by-state guide on protected tree species in Australia:
New South Wales – Protected Tree Species
🌳 Coral Tree
🌳 Camphor Laurel
🌳 Chinese Nettle Tree
Victoria – Protected Tree Species
🌳 Acacia
🌳 Paperbarks
🌳 Eucalyptus Trees
Queensland – Protected Tree Species
🌳 Moreton Bay Fig
🌳 Hoop Pine
🌳 Macadamia Trees
South Australia – Protected Tree Species
🌳 Jacaranda
🌳 Sugar Gum
🌳 Kauri
Western Australia – Protected Tree Species
🌳 Tuarts
🌳 Garry Oaks
🌳 Moreton Bay Figs
Northern Territory – Protected Tree Species
🌳 Boab
🌳 Banyan
🌳 Paperbarks
Tasmania – Protected Tree Species
🌳 Black Gum
🌳 Stuart’s Heath
🌳 Morisby’s Gum
💡 Important Note: This is not an exhaustive list. If a tree is not listed here, that does not mean it is safe to remove. Always check with your local council to confirm.
Fines for Illegal Tree Removal in Australia
Removing a protected tree without permission can result in severe penalties, including:
💰 Fines ranging from hundreds to thousands of dollars
⚖️ Legal action, including potential imprisonment in extreme cases
🌳 Requirement to replant or restore the affected area
The exact penalties depend on the state or council regulations and the seriousness of the offense.
For example, in New South Wales, illegal tree removal can lead to fines of up to $1.1 million for corporations and $110,000 for individuals.
Similarly, in Victoria, fines can exceed $30,000 per offense for unauthorized tree removal.
💡 Tip: If you’re unsure whether a tree requires approval for removal, contact your local arborist or council before taking any action.
How to Identify an Unknown Tree Species in Your Garden
If you’re uncertain whether a tree on your property is protected, you can:
1️⃣ Observe its leaves, bark, and size for clues.
2️⃣ Use online resources or plant identification apps.
3️⃣ Consult a local arborist for expert advice.
Providing clear photos to a professional can help quickly and accurately determine whether the tree is protected.
What to Do If a Protected Tree Becomes a Safety Hazard?
If a protected tree poses a risk to your home or family, here’s what you should do:
📞 Contact your local council or environmental authority immediately.
🔍 They will assess the tree and determine the best course of action.
✂️ If necessary, they may grant permission for pruning or removal.
Ignoring regulations and cutting down the tree illegally could result in hefty fines.
Additional Questions About Tree Removal in Australia
Here are some frequently asked questions about tree removal:
💡 Why is tree lopping so expensive?
Tree lopping is labor-intensive and requires specialized equipment, safety measures, and expert knowledge to ensure proper tree care.
💡 How close to a house can you remove a tree?
Regulations vary, but some councils allow tree removal if it is within 3-5 meters of a dwelling.
💡 Who is responsible for trees outside my house?
Generally, trees located on public land (footpaths, nature strips) are managed by local councils.
💡 What is the 10/50 tree rule?
The 10/50 rule allows homeowners in bushfire-prone areas to clear trees within 10 meters of a dwelling without approval.
💡 Are Mulberry Trees illegal in Australia?
Mulberry trees are restricted in some regions due to their invasive nature and high pollen production.
💡 What tree has the least invasive root system?
Some options with non-invasive roots include the Crape Myrtle, Magnolia, and Ornamental Pear Trees.
Conclusion
Understanding tree removal laws in Australia is essential to avoid hefty fines and legal trouble.
✔️ Some trees can be freely removed, but always check local regulations first.
✔️ Many native Australian species are protected and require special permission for removal.
✔️ Illegal tree removal can result in severe financial penalties.
By staying informed and following proper procedures, you can safely manage tree removal on your property without legal consequences.
If you’re in Perth and need professional tree removal services, contact us today
