Trees on your land

The City of Newcastle considers trees to be significant capital assets. They are as much part of the community infrastructure as roads and footpaths.

The following information provides a general guide to questions regarding removal in the Newcastle local government area.

Tree removal on your property

There are some instances where permission is not required for the removal of trees. To remove a tree without permission you must meet one of the following criteria - the tree must:

  • be located within three metres of the wall of your house or a neighbouring house (excluding carports, pergolas, fences, retaining walls and the like) measured from the closest point of the trunk to the footings of the building
  • have a circumference at breast height not greater than 450 millimetres for a single trunk tree or not greater than 300 millimetres for each trunk of a multi-trunk tree
  • be dead and not provide a habitat for hollow-dependent fauna.

Council permission is not required to prune trees or remove dead branches.

Owners of trees not meeting these requirements will need to complete a complying development certificate for tree management work.

How do I get approval to remove a tree on my property?

A complying development certificate for tree management work must be completed and returned to The City of Newcastle for processing. Once a determination has been made, you will recieve a letter of the outcome.  Tree removal application form (102kb)

How much does it cost? 

  • one to five trees - $65
  • over five trees - $15 per tree
  • plus archiving fee.

For further information please contact the Customer Enquiry Centre on 4974 2030 or Urban Tree Management on 4974 6043.

What is an arborist?

An arborist (or arboriculturist) is a specialist with diploma qualifications in the care of urban trees. The Newcastle Local Environment Plan (LEP) 2003 provides a definition of an arborist and a tree worker. It is important you determine that the arborist's qualifications meet the requirements of the LEP before you employ them.

You can get an information package and application form from the Council's Customer Enquiry Counter by telephoning 02 4974 2030.

Penalties can apply to someone who damages or removes a tree

For all trees public and private

  • Damaging or removing a tree can be a breach of the Environmental Planning and Assessment Act 1979.
  • Maximum Penalty (imposed by a Court) $1.1 Million
  • On-the-spot Penalty infringement Notice (PIN- imposed by Council) $1500

Public trees only

  • Damaging, disturbing or removing a tree can be a breach of the Local Government Act 1993
  • Maximum Penalty (imposed by a Court) $2200
  • On-the-spot penalty infringement notice (PIN- imposed by Council) $220

Hiring a suitably qualified person

It is important that any person you contract to prune or remove trees, or to diagnose and report on tree risk and condition, is suitably qualified, experienced and adequately insured. It is very important to see evidence of qualifications and insurance cover as there have been local instances of serious misrepresentation of qualifications and skills.

Council has an information sheet (28kb pdf) to help you select a qualified tree service.

You need to be careful to eliminate or control the various risks associated with tree work. WorkCover has prepared an information sheet for arborists (25kb pdf) to remind them of how to work safely.

What happens next?

A Council officer will review your application and the arborists report and/ or tree workers specification and will check the tree before deciding whether it can issue a complying development certificate.

Can I clear my block of land before I put my development plans to Council?

No. You would be in breach of the Environmental Planning and Assessment Act (1979). You are required to submit information about the impact of your development on the existing trees with your main development proposal.

What if a tree is damaging a footpath?

If a tree appears to be causing damage to a footpath you should contact the Council's Street Maintenance Section on 02 4974 6000 and report the matter. Council will assess the situation and determine the priority of any work required.

Where I can I get more information about trees and council?

For further information contact the Council's Customer Enquiry Counter on 02 4974 2030 or Urban Tree Management on 02 4974 6043.

Helpful links

Below is a list of links which may be useful to you.

Diseases and pests

Plant disease diagnostic unit at the Royal Botanic Gardens in Sydney
The Australian Institute of Horticulture
NSW Agriculture‚ Pests and Diseases and Horticulture

Species identification

Royal Botanic Gardens in Sydney
The Society of Growing Australian Plants

Arborists

Institute of Australian Consulting Arborculturalists
The International Society of Arboriculture does not require arboricultural qualifications as a condition for membership.
International Society of Arboriculture (Australian Chapter)
International Society of Arboriculture

Urban forestry

Urban Forests Research, especially useful for school projects and general information
The United Kingdom also has a number of urban foresty websites
Tree Canada is a charitable organisation which partners with volunteers to improve quality of life by planting and caring for trees. Tree Canada is similar in many of its aims and means of delivery to Greening Australia.

lady on call

Contact us

City Administration Centre
282 King Street
Newcastle NSW 2300

Tel: 02 4974 2000