New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 28

28 Tree management

(1) This clause applies to all land within the area of Wyong except:

(a) land within Zone No 1 (f), including a State forest or other Crown-timber lands within the meaning of the Forestry Act 1916 , or

(b) land within Zone No 8 (a).

(2) A person shall not:

(a) prune or trim (except in accordance with AS 4373-1996, Pruning of amenity trees ), remove, clear, cut down, destroy, poison, ringbark, lop, top, injure or interfere with any tree or native vegetation without the prior development consent of the Council, or

(b) cause, permit or authorise the pruning or trimming (except in accordance with AS 4373-1996, Pruning of amenity trees ), removing, clearing, cutting down, destroying, poisoning, ringbarking, lopping, topping, injuring or interfering with of any tree or native vegetation without the prior development consent of the Council.

(3) Notwithstanding subclause (2), consent is not required for:

(a) the removal or trimming of trees in accordance with the Electricity Supply (Safety Plans) Regulation 1997 or the Electricity (Tree Preservation) Regulation 1995 , or

(b) the removal or trimming of trees in accordance with section 88, 107, 138 or 139 of the Roads Act 1993 , or

(c) the removal or harvesting of trees grown commercially or domestically for their edible fruit, or

(d) the removal of noxious weeds within the meaning of the Noxious Weeds Act 1993 , or

(e) the removal of commercially grown plantation trees in accordance with the Timber Plantations (Harvest Guarantee) Act 1995 , or

(f) the removal or clearing of native vegetation authorised (but not exempt) under the Native Vegetation Conservation Act 1997 , any other Act or another environmental planning instrument, or

(g) the removal of dead trees, except where the trees provide habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995 , or

(h) the removal of native vegetation on land in any zone to which this clause applies for the purpose of creating or maintaining landscaped and lawn areas where:

(i) the work does not involve the removal, injury or destruction of trees, and

(ii) the area to be cleared is within the curtilage of a dwelling for which development consent has been granted and is less than 1,000 square metres in total, and

(iii) the slope of the land is not in excess of 18 degrees, and

(iv) the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995 ,

(i) the clearing of native vegetation within urban zones where:

(i) the work does not involve the removal, injury or destruction of trees, and

(ii) the allotment of land on which the work is proposed has an area of less than 1,000 square metres, and

(iii) the slope of the land is not in excess of 18 degrees, and

(iv) the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995 , or

(j) any works defined as "exempt vegetation management works" by this plan.

(4) The Council shall not grant consent for the works referred to in subclause (2) unless:

(a) such works are ancillary to or necessary to undertake a use permitted on the land, and

(b) the Council has made an assessment of the importance of the vegetation in relation to:

(i) soil stability and prevention of land degradation, and

(ii) water quality and associated ecosystems, such as streams, estuaries and wetlands, and

(iii) scenic or environmental amenity, and

(iv) vegetation systems and natural wildlife habitats.

(5) Nothing in this clause affects any requirement made by or under the Native Vegetation Conservation Act 1997 .