Part 5 of the Wagga Wagga Development Control Plan 2010 guides the preservation and management of trees and vegetation in the Wagga Wagga LGA, including on private land.
When do I need a permit to clear vegetation or remove trees?
A permit is required to clear vegetation that is:
- Any living tree with a height equal to or exceeding 8m
- Any native vegetation occurring in a wetland
- Any tree, irrespective of size, listed in a Register of Significant or Heritage trees
How to measure a tree
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Significant species of trees that require a permit for removal
Species having particular conservation significance are listed under one or more of the following headings. A current list of species that are likely to occur in the LGA can be obtained from Council.
- Threatened Species and Threatened Ecological Communities, as listed in Schedules 1 and 2 of the NSW Biodiversity Conservation Act 2016.
- Extinct in the Wild, Critically Endangered, Endangered and Vulnerable Plant Species, and Critically Endangered and Endangered Ecological Communities, as listed under Part 13, Division 1, Subdivision A of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
- Endangered Ecological Communities, as listed under the NSW Fisheries Management Act 1994.
- Native Species of Local Conservation Significance, as listed by Greening Australia South-west Slopes Division – list is provided in Table 5.2.2 in the Wagga Wagga DCP 2010.
- Plants identified as native species, as listed under the NSW Local Land Services Act 2013.
Are there any exemptions?
Council consent is NOT required for the removal of a tree where:
- A tree(s) is dead, or the removal of dead branches within a tree’s canopy.
- A tree(s) is an ‘Undesirable Plant Species’ listed in the table below.
- A tree(s) is of a species that has been declared a noxious plant under the Noxious Weeds Act 1993
- Land excluded from operation of the Native Vegetation Act 2003
- A tree(s) is a fruit tree or tree grown for commercial or domestic nature for the purpose of fruit or fodder production.
- A development consents to carry out clearing has been obtained under the Local Land Services Amendment Act 2013. Any additional clearing may require consent under this Policy.
- Where clearing of trees has been authorised under other legislation
| Botanical Name | Common Name |
|---|---|
| Acacia baileyana | Cootamundra wattle |
| Acacia nilotica ssp.indica | Prickly Acacia |
| Ailanthus altissimus | Tree of Heaven |
| Cinnamomum camphora | Camphor Laurel |
| Cotoneaster spp. | Cotoneaster species |
| Crataegus monogyna | Hawthorn |
| Fraxinus oxycarpa | Desert Ash |
| Ligustrum lucidum | Broad-leaf Privet |
| Ligustrum sinense | Small-leaf Privet |
| Olea africana | African Olive |
| Melia azedarach | White Cedar |
| Nerium oleander | Oleander |
| Phoenix canariensis | Canary Island Date Palm |
| Pinus radiata | Radiata Pine |
| Prunus cerasifera ‘Nigra’ | Flowering Cherry Plum |
| Robinia pseudoacacia | False Acacia |
| Salix spp. | Willows |
| Schinus species | Peppercorn Tree |
| Syagrus romanzoffiana | Cocos Palm |
| Tamarix aphylla | Athel Pine |
| Washingtonia filifera | Desert Fan Palm |
How do I apply for a permit to clear vegetation or remove a tree?
Step 1: Prepare a site plan showing all vegetation (including trees). Mark the vegetation proposed for clearing on site.
Step 2: Fill out the Permit To Clear Vegetation (Trees) online application form, or download and return the PDF version and attach any supporting documents, photographs, distance from dwelling (arborist report, structural engineers report, if required).
Permit to Clear Vegetation (Trees) Online Form
Permit to Clear Vegetation Form 213.4 KB Download
What happens next?
Upon receipt of the application, our Arborist will inspect the site and the vegetation proposed to be cleared. An assessment will be undertaken, and a decision completed within 28 days of lodgement.
Our decision guidelines
The following information assists in our assessment of a Vegetation Removal Permit application:
- The health and condition of the tree, whether the tree is dead, dying, diseased or structurally unsound;
- The suitability of the tree to its growing space and conditions;
- The contribution (including aesthetic value) of the tree in the landscape;
- The cumulative impact of previous clearing of vegetation on the site;
- Whether the tree is causing structural damage to utilities and assets;
- Whether the tree is native and part of the local endangered ecological community;
- The habitat value of the tree;
- The historical and cultural significance;
- The role of the vegetation in minimising soil erosion and sediment into waterways;
- Whether there is an appropriate alternative solution, such as pruning branches, root pruning or installation of root guards;
- If there is any compensatory planting proposed to replace lost vegetation or vegetation will be retained on balance;
- Whether established trees have been planted to succession plan for the loss of tree canopy.
Neighbouring Trees
Council may give consent to prune a neighbours' tree that is overhanging your property. Pruning of overhanging trees can only be undertaken back to your property boundary. Refer to the DCP 2010, section 5, 5.2 for exempt pruning guidelines.
Council does not get involved in neighbour disputes; in such situations, the parties involved should contact the Community Justice Centre.
Overhead Power Lines
For trees impacting on electrical service wires within your property, contact Essential Energy on 13 20 80.