What is a Tree Preservation Order?
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Under the Tweed LEP 2000, Council has two Tree Preservation Orders (TPO), being Tree Preservation Order 1990 and Tree Preservation Order 2004. Both TPOs provide criteria where vegetation removal is exempt, however outside of the set criteria, an application must be lodged with Council prior to works. Further to this, depending on the zoning of the land, approval from the Catchment Management Authority may be required.
Trees are of vital importance in improving the visual quality of an area. The predominance of tree cover both in bushland and urban areas forms an integral part of the character of Tweed Shire.
Trees play an important part in maintaining the health of our lands and our living environment. Trees breathe, grow and reproduce, protect soil and water supplies, and provide habitat for wildlife. Indigenous trees (and also many introduced species) provide food, shelter and protection from predators for many birds, animals and insect species. Many of these rely on trees for their continued breeding and survival. Trees in urban areas also act as extensions and links between core bushland, as bushland corridors.
Trees also reduce the effects of sunlight, summer heat, reflection, pollution, humidity, wind, glare, refraction and noise. Trees act as the "lungs of the earth", taking in carbon dioxide and producing oxygen, thus filtering the air, and significantly reducing airborne pollution.
With these principles in mind, Council’s TPOs seek to retain trees that contribute to the general health and well being of the Shire’s residents.
Please click on the headings below for more information...
TPO 2004 establishes that a person must not carry out vegetation clearing without consent of Council on land identified as 'land affected by Tree Preservation Order' on the map entitled "Land Affected by Tree Preservation Order (2004)" dated 9 July 2004.
For the purposes of TPO 2004, vegetation clearing is defined as follows.
- cutting down, felling, thinning, logging or removing any vegetation, or
- killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, or
- severing, topping or lopping branches, limbs, stems or trunks of native vegetation, or
- substantially damaging or injuring native vegetation in any other way.
You can download a vegetation clearing application form or view the TPO 2004 map sets to see if your land is affected by using the links provided to the right.
Exemptions - TPO 2004 does not apply to vegetation clearing on land if it is reasonably considered necessary by Council to remove or reduce an imminent risk of serious personal injury or serious damage to property.
Similarly to TPO 2004, TPO 1990 requires the consent of Council for vegetation clearing on land identified on the map marked "Tweed Shire Council - Tree Preservation Order".
TPO 1990 prohibits the ringbarking, topping, lopping, removing, poisoning, injury or wilful destruction of trees of thirty centimetres (30cm) or more girth (circumference) measured at forty-five centimetres (45cm) above ground, three meters (3m) or more in height.
You can download a vegetation clearing application form or view the TPO 1990 map sets to see if your land is affected by using the links provided to the right.
Exemptions - TPO 1990 does not apply to vegetation clearing under the following circumstances:
- Required to be lopped in accordance with Clauses 23(1) and 23(2) of the Electricity (Overhead Line Safety) Regulation 1991;
- Located within public reserves under the control of Council or which are on Council controlled land and all work relating to that land, if performed by Council staff, workmen or persons under the direction of Council staff;
- Within the path of proposed roadways, sewerage or drainage schemes, or any public work that has been approved by Council;
- Within a building site or within eight meters (8m) of an existing or proposed building, or foundations, that has been approved by Council;
- Contained within agricultural tree crops and commercial tree plantations; and
- Which are proclaimed Noxious Plants and Camphor Laurel and Privet Trees.
Under Council's Draft LEP 2010, made under the 'Standard Instrument Order 2006', TPOs will cease to exist in their current form and will instead form the basis for a new section of Council’s Development Control Plan (DCP).
This shift away from LEP based controls to a DCP will enable the inclusion of additional objectives, greater flexibility in the application of the controls and reduce the time required to amend the controls as circumstances change.
The Tree Preservation Order DCP 2009 is currently being prepared and is anticipated to be placed on public exhibition during 2009 with the aim of final adoption prior to gazettal of Council’s draft shirewide LEP 2010.
The Register of Significant Trees identifies trees that are considered significant in the Shire.
A tree or group of trees may be nominated by members of the community. Council’s arborist will then make an independent assessment, and if found to have merit, the tree may be adopted by Council at a Council meeting and then placed on the register.
For more information contact Council’s Recreation Services Unit on (02) 6670 2491.
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