Trees on my land
Newcastle City Council 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 about tree injury, removal and pruning in the Newcastle local government area. You should seek further advice from Council before you take any action over trees.
For information contact the Council’s Customer Enquiry Counter on 02 4974 2030 or Urban Tree Management on 02 4974 6043.
What do I need to do if I want to prune, injure or remove a tree on my property?
You need to get the appropriate approval from Newcastle City Council before you injure, cut down or prune a tree on your land.
How do I get approval?
To get approval you need to submit a Complying Development Application to Council. You will need to include a written report prepared by an arborist or qualified tree worker.
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.
There are a few different penalties that 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) $600
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 Newcastle City 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 & 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
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.
