New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 1990 - REG 34

34 Tree preservation

(1) The Council may, by resolution, make a tree preservation order.

(2) A tree preservation order may prohibit the ring barking, cutting down, topping, lopping, removing, injuring or destruction of any tree (other than where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous) except with the consent of Council.

(3) A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees on land described particularly or generally by reference to the City of Wollongong or any divisions of that city.

(4) A person shall not contravene, or cause or permit the contravention of a tree preservation order.

(5) The Council shall not grant consent as referred to in subclause (2) unless it has made an assessment of the importance of the tree in relation to:

(a) soil stability and prevention of land degradation,

(b) scenic or environmental amenity, and

(c) vegetation systems and natural wildlife habitats.

(6) This clause does not apply to trees in a State forest or on other Crown-timber lands within the meaning of the Forestry Act 1916 , or to trees required to be lopped in accordance with the Electricity Supply (General) Regulation 2001 .