It is a common assumption that you can do whatever you like with trees on your own property. In reality, Australian local councils and state governments impose significant restrictions on tree removal, even on private land. Removing a protected tree without approval can result in fines reaching tens of thousands of dollars.
The General Rule
Across Australia, most local councils have some form of tree protection regulation. These typically require you to obtain a permit before removing any tree above a certain size, usually measured by trunk diameter or overall height. The specific thresholds vary between councils, so you must check your local rules before proceeding. Our comprehensive council tree removal guide covers the approval process in detail.
State-by-State Overview
New South Wales
Most NSW councils require a permit for trees above a certain size, typically 3 to 5 metres in height or with a trunk circumference above 30 centimetres. Some councils protect all trees on properties above a minimum lot size. Heritage-listed trees have additional protections.
Victoria
Victorian councils regulate tree removal through local planning schemes. Many require a planning permit to remove native vegetation. The state’s 10/30 rule allows some clearing within 10 metres of a home and 30 metres for other flammable objects for bushfire safety.
Queensland
Queensland councils protect significant vegetation through local laws. Many require approval for any tree with a trunk diameter above 40 centimetres. Vegetation clearing on lots over a certain size may also trigger state-level requirements.
Tasmania
Tasmanian councils regulate tree removal through their planning schemes. In Hobart, a planning permit is generally required to remove trees with a circumference of 75 centimetres or more at chest height. The Forest Practices Act also applies to larger-scale clearing.
Other States and Territories
South Australia, Western Australia, the ACT, and the Northern Territory each maintain their own local government tree protection frameworks. All require some form of approval for removing significant trees on private property.
Common Exemptions
Most councils provide exemptions that allow tree removal without a permit in certain circumstances:
- Dead trees that pose no habitat value
- Dangerous trees that present an immediate risk to life or property
- Declared pest species and environmental weeds
- Trees within a specified distance of an existing dwelling in bushfire-prone areas
- Trees below the size threshold set by the council
Even when an exemption applies, it is wise to document the tree’s condition with photographs and, where possible, obtain written confirmation from the council before proceeding.
What Happens If You Remove a Tree Without Approval?
Penalties for removing a protected tree without a permit are severe. Fines can range from $3,000 to over $100,000 depending on the jurisdiction and the significance of the tree. Courts may also order you to plant replacement trees at your own expense. A professional tree removal service will check permit requirements before starting work. For a comparison of when professional help is needed versus when you might manage alone, see our guide on DIY vs professional tree removal, and for permit-specific information, our tree removal permit guide covers the application process step by step.
Not sure whether your tree is protected or need help with the approval process? Find a qualified arborist in your area who can advise on your council’s specific rules and handle the permit application on your behalf.