Significant trees hold special status under Australian planning law due to their size, age, species rarity, cultural importance, or contribution to the landscape. If you have a significant tree on your property, understanding its protections is essential before you plan any work.
What Makes a Tree Significant?
Different jurisdictions use different criteria, but a tree is generally considered significant if it meets one or more of the following:
- Size: Exceptionally large trunk diameter or height for the species
- Age: Estimated to be over a certain age, often 100 years or more
- Species rarity: A rare or threatened species listed under state or federal legislation
- Cultural significance: Aboriginal cultural heritage value or historical associations
- Landscape contribution: A prominent landmark tree visible from public spaces
- Ecological value: Habitat for protected fauna such as nesting hollows
Legal Protections for Significant Trees
Significant trees may be protected under multiple layers of legislation, including local council tree preservation orders, state planning schemes, heritage registers, and federal environmental protection laws. Some trees are listed on the National Trust Significant Tree Register, which provides recognition but not legal protection unless backed by local planning controls.
State-by-State Variations
Each state handles significant tree protection differently. In the ACT, the Tree Protection Act specifically protects registered and regulated trees. In Victoria, significant trees are protected through planning scheme overlays. In New South Wales, council-specific Development Control Plans set the rules. Understanding your state’s framework is the first step in managing a significant tree on your property.
Can You Remove a Significant Tree?
Removing a significant tree is possible but requires a thorough process. You will need a detailed arborist report from a highly qualified professional, typically an AQF Level 5 arborist with experience in significant tree assessments. The report must demonstrate a compelling reason for removal, such as imminent structural failure that cannot be mitigated through pruning or cabling.
The Approval Process
- Engage a Level 5 arborist to assess the tree and prepare a comprehensive report
- Submit an application to your council with the arborist report and supporting documentation
- Expect public notification and potentially an objection period
- Council may commission their own independent arborist assessment
- A decision is made, often with conditions such as significant replacement planting
The process can take several months and the bar for approval is high. For background on the general approval process, see our guide on tree preservation orders. When council applications require supporting documentation, our guide to arborist reports for council explains exactly what to include.
Living with a Significant Tree
In many cases, the best approach is to manage the tree rather than remove it. Regular inspections, professional pruning, and proactive risk management can often address safety concerns while preserving the tree for future generations.
Need advice on a significant tree? Use our free matching tool to connect with qualified arborists who specialise in significant tree assessments and can guide you through the process.