A Tree Preservation Order (TPO) is a legal mechanism used by councils to protect trees that have significant environmental, aesthetic, cultural, or historical value. If a tree on your property is subject to a TPO, there are strict limits on what you can do without council approval.
What Is a Tree Preservation Order?
A TPO is a regulation that makes it an offence to remove, prune, damage, or destroy a protected tree without the council’s written consent. TPOs are established under state planning legislation and administered by local councils. They can apply to individual trees, groups of trees, or all trees within a defined area. Review your council’s tree preservation order requirements to understand what is protected on your property.
How TPOs Affect Property Owners
What You Cannot Do
- Remove the tree without written council approval
- Prune more than 10% of the canopy without approval in most jurisdictions
- Damage the root zone through excavation, fill, or compaction
- Apply herbicides or other substances that could harm the tree
- Undertake construction within the tree protection zone without an approved plan
What You Can Usually Do
- Remove dead branches that are clearly dead and pose a risk
- Perform minor pruning for clearance from structures (usually up to 10%)
- Remove a tree in a genuine emergency where it poses immediate danger
- Water, mulch, and otherwise maintain the tree’s health
Applying to Remove a TPO-Protected Tree
If you have a genuine reason to remove a tree under a TPO, you will need to submit a formal application supported by an arborist report from a qualified professional. The report must demonstrate that removal is justified on grounds such as safety risk, poor health, or significant infrastructure damage. Councils take TPO applications seriously and will often inspect the tree themselves before making a decision.
Penalties for Breaching a TPO
Breaching a TPO can result in significant penalties. Fines vary by state and council but can range from $5,000 to $1.1 million in the most serious cases. Some councils have successfully prosecuted property developers and homeowners for unauthorised tree removal, with courts ordering substantial remediation plantings. Our council tree removal guide explains how to navigate the approval process correctly.
TPOs and Property Transactions
If you are buying a property, be aware that TPOs may limit your plans for landscaping, extensions, or new construction. A pre-purchase arborist assessment can identify protected trees and flag any potential constraints. Trees with special protections are also covered in our guide to significant trees in Australia, which explains the broader legal framework for tree protection.
Dealing with a TPO-protected tree? Use our free tool to connect with qualified arborists who have experience navigating tree preservation orders and can advise on your options.