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Email Link   Tree Preservation Orders and Preservation of Trees or Vegetation DCP

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:

  • providing habitat and food for wildlife maintaining the health of our lands and our living environment;
  • protecting soil and water supplies;
  • providing shelter and protection from predators for many birds, animals and insect species.
  • acting as extensions and links between core bushland, as bushland corridors (particularly in urban areas);
  • reduce the effects of sunlight, summer heat, reflection, pollution, humidity, wind, glare, refraction and noise; and
  • acting as the "lungs of the earth", taking in and storing carbon dioxide and producing oxygen, thus filtering the air, and significantly reducing airborne pollution.

With these principles in mind, Council’s DCP A16 Preservation of Trees and Vegetation and old Tree Preservation Orders (TPOs) seek to retain trees that contribute to the general health and well being of the Shire’s residents.

Council's DCP A16 Preservation of Trees or Vegetation

As part of the process for Council's latest Tweed Local Environmental Plan (LEP) 2014 (gazetted 4 April 2014), Council also concurrently produced revised tree management planning controls, through the adoption of Tweed Development Control Plan Section A16 - Preservation of Trees or Vegetation (320kB PDF). The Development Control Plan (DCP A16) controls took effect from the Tweedlink publication of 12 April 2014. The controls now cover the entire Shire however there a number of areas which are exempt. Generally speaking Council's new DCP A16 applies to residential and zones but DO NOT apply in 'rural' zones. Vegetation clearing in rural zones is principally regulated under the Native Vegetation Act (NV Act) 2003, which is administered by Local Land Services 1300 795 299 and/or (external link).

Under the LEP 2014 some areas (i.e. Environmental Protection Zones) have been assigned 'Deferred Matters' (DM) zones, which essentially revert back to the LEP 2000 land use controls. In these DM zones the Tree Preservation Order (1990, 2004 and 2011) still apply. For more information on DCP A16 and TPO rules see below drop down bars.

There is no application fee to lodge an Application for Removal/Lopping of Trees, Vegetation Clearing (88kB PDF) under the DCP A16 or within a TPO area.

Vegetation covered under DCP A16

Under the DCP A16 controls, 'prescribed vegetation' means any one of the following:
Prescribed vegetation is classified as any one of the following:
  1. local native trees equal to or greater than 5 m in height and/or;
  2. local native vegetation (of any height) that occurs as part of a bushland community and/or;
  3. very large trees* - trunk diameter =0.8 m, measured at 1.4 m above natural ground level) and/or;
  4. primary koala feed trees* - Eucalyptus robusta (Swamp Mahogany), E. tereticornis (Forest Red Gum), E. microcorys (Tallowwood) and E. propinqua (Small-fruited Grey Gum) greater than 5 m in height and/or;
  5. threatened plant species, population or community* listed under the TSC Act or EPBC Act and/or;
  6. listed significant vegetation* e.g. heritage listed tree under Schedule 2 of DCP A16.
* An application will always be required to clear these types of vegetation as there are no exemptions that apply.

Prescribed vegetation’ cannot be removed from applicable zones under DCP A16 (identified in the tool below) without an application unless:
  • an exemption applies under Schedule 1 of DCP A16
  • works are in accordance with an approved Property Vegetation Plan issued under the NVA 2003
  • works are part of an approved Development Application.

Customers are encouraged to use the Decision Tool (below) and above information as a guide to determine whether an application may be necessary. If you are unsure at any stage please contact Customer Service on (02) 6670 2400.

Application Decision Tool

1 To find out which zone you're property is assigned; visit the NSW Planning Portal website: (external link)
2 Locate your property by entering your address
3 Take note of which 'Land Use Zone' applies to your property
4 DCP A16 applies if your property is zoned under LEP2014 or LEP2012 (City Centre):
  • Residential Zones (R1, R2, R3)
  • Village (RU5); and
  • All Environmental Protection Zones
For these areas refer to above information "Vegetation covered under DCP A16" or call Customer Service.
5 The Native Vegetation Act 2003 applies to lands zoned under LEP 2014 / LEP 2012 as:
  • Rural zones (RU1, RU2) and Large Lot Residential (R5)
  • Special Purpose Zones (SP1, SP2, SP3)
  • Recreation Zones (RE1, RE2)
  • Waterway Zones (W1, W2)

For these zones; refer to the online tools on the NSW OEH website: (external link) and/or call Local Land Services 1300 795 299/Customer Service for further assistance.
6 If you're in a 'Deferred Matter' (DM) zone under LEP 2014/LEP 2012, TPOs 2011, 2004 and 1990 may apply. Refer below drop down tabs and/or contact Customer Service for more information.
Tree Preservation Order 2011
Tree Preservation Order 2004
Tree Preservation Order 1990
Register of Significant Trees
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