The NSW Government has introduced stronger measures to deter illegal tree and vegetation clearing in non-rural areas. These reforms provide councils with enhanced compliance and enforcement tools to better protect urban tree canopy and vegetation.

The Minister for Planning and Public Spaces has also introduced a Bill into Parliament that would establish a civil penalties framework for unlawful vegetation clearing, providing councils with additional enforcement powers.

Key changes

• Increased penalties for individuals and corporations who illegally remove or damage trees and vegetation
• Tightened rules to prevent unnecessary tree removal
• Clearer rules for vegetation pruning or removal requests and stronger replanting requirements, including for complying development

These reforms reinforce the NSW Government's commitment to greener, cooler and more liveable communities. They also respond to concerns that the previous framework required clearer rules and stronger consequences to deter illegal clearing.

Changes to the vegetation clearing rules for complying developments

The following changes apply under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008:

• Permit requirements clarified: a permit must be obtained for vegetation clearing before a complying development certificate can be issued, unless all clearing authorisation criteria are met
• New clearing authorisation criteria: trees or vegetation protected under council development control plans can be cleared without a permit if all of the following criteria are met:
  • the tree or vegetation is less than 6 m tall (height threshold lowered)
  • the tree is not hollow-bearing (new)
  • the development includes building at least one new dwelling on the site (new)
  • the tree or vegetation is within 3 m of the dwelling that is more than 25 m² (no change)
  • any tree removed is replaced in accordance with local replanting requirements, or at a minimum 1:1 replacement ratio, with replacement trees capable of reaching at least 5 metres in height at maturity (new)
• Replacement vegetation must be planted and still alive before an occupation certificate can be issued
• Development applications required in some circumstances: where vegetation clearing involves trees on significant tree registers, clearing that triggers the Biodiversity Offset Scheme thresholds or vegetation that requires development consent to clear.
• New restrictions will make sites where illegal tree or vegetation clearing has occurred ineligible for complying development for at least five years, removing incentives to unlawfully clear vegetation to facilitate development.

These changes provide a clearer and more consistent framework for vegetation clearing associated with development, reduce uncertainty for certifiers, and strengthen safeguards against unlawful clearing.

To support implementation, the Department has published guidance on the updated framework, including the roles and responsibilities of certifiers, developers, arborists and councils, together with detailed information on the changes. This is available on the NSW Planning website.

Thank you to all members of the Complying Development Expert Panel for your valuable input into these amendments. Your feedback has helped shape reforms that seek to balance the efficient delivery of housing with the protection of trees and vegetation that contribute to the liveability, character and wellbeing of our urban communities.