Tree Removal Permit Rules and Exemptions – Newcastle NSW

When a Permit Is Not Required – DCP 2023 Section C3 Exemptions

Exemptions under DCP 2023 Section C3 are specific and limited. They were broadened under DCP 2023 compared to DCP 2012, but they still apply only in clearly defined situations.

Exemption 1 - Dead Trees

A permit is not required to remove a tree that is completely dead, where the biological function of the tree has ceased, no leaves are present and there is visible evidence of trunk, root plate and canopy desiccation.

DCP 2023 defines a dead tree specifically. A declining tree, a stressed tree or a tree that has partially died does not meet this definition. If there is any doubt, document the condition with photographs and an arborist assessment before removal. Newcastle City Council may request evidence that the tree was genuinely dead.

Important caveats:

• The tree must meet the DCP 2023 dead tree definition, not just appear unhealthy
• A habitat tree, one with hollows or cavities providing fauna habitat, may still have ecological value even after death. Council may require documentation before removal of habitat trees
• Written arborist documentation is strongly recommended before proceeding, even where the exemption clearly applies

Exemption 2 - Declared Weed Species

A permit is not required to remove certain declared weed species listed in DCP 2023 Section C3.

Under DCP 2023, the declared weed exemption applies to specific species listed in Section C3, including Cotoneaster spp., Ligustrum spp. (Privet), Olea europaea subsp. cuspidata (African Olive) and Pyracantha spp. (Firethorn).

Important exception, size threshold applies: the weed exemption does not apply where the tree exceeds 10 metres in height or the trunk diameter at 1.4m above ground exceeds 30cm. Large specimens of even declared weed species require a permit if they exceed these thresholds.

NSW Biosecurity Act 2015 - the broader weed framework: Under the NSW Biosecurity Act 2015, landholders have a general biosecurity duty to prevent, eliminate or minimise biosecurity risks from plants on their land. Weed species listed under Schedule 3 of the Biosecurity Act are subject to additional obligations. This operates independently of DCP 2023.

Important caveats:

• Species identification must be confirmed before relying on this exemption, misidentification carries risk
• The size threshold (10m height, 30cm trunk diameter) must be checked, large specimens are not exempt
• The exemption applies to the listed weed species only, co-located trees are not exempt
• Certain weed species near waterways or mapped wetland areas may have additional obligations under the Biodiversity Conservation SEPP
• Even where the exemption applies, photographic evidence of species identification and condition is recommended, retain for a minimum of six months after removal

We recommend an AQF Level 5 arborist confirm species identification and size thresholds before any removal proceeds under this exemption.

Exemption 3 - Immediate Risk to Life or Property

A permit is not required where removal is necessary to address an immediate and demonstrable risk to life or property that cannot safely wait for a Council assessment and permit.

Works must be limited strictly to what is necessary to eliminate the immediate hazard. The entire tree cannot be removed under this exemption if partial removal or make-safe works manage the risk.

An AQF Level 5 arborist report must be prepared as soon as practicable after emergency works to document:

• Tree condition and the failure mechanism
• Justification for removal under emergency provisions
• Compliance with DCP 2023 and the Urban Forest Technical Manual

This report is your protection against Council enforcement action and insurance disputes. Arbor Express prepares this report as part of our emergency response. You do not need to arrange it separately.

Exemption 4 - 10/50 Bushfire Scheme

On properties within a designated 10/50 vegetation clearing entitlement area, trees within 10 metres of a dwelling may be removed without a permit under the NSW Rural Fire Service 10/50 Scheme.

How to confirm whether the exemption applies:

• Use the NSW RFS online tool to check whether your property is within a 10/50 entitlement area
• The exemption applies only within 10 metres of a habitable building, not the full property
• The tree must be within the 10 metre measurement from the building, not from the boundary
• Threatened species and heritage items are excluded, check before proceeding

Even where the 10/50 exemption applies, written arborist documentation is strongly recommended before any works proceed.

Exemption 5 - Clearing Ancillary to an Approved DA or CDC

Where tree clearing is ancillary to a Development Application or Complying Development Certificate that has been approved, removal may proceed in accordance with that approval, subject to any conditions of consent that require tree retention or a Tree Protection Plan.

Important caveats:

• If a prior DA on your property required tree retention, a modification application may be needed before that tree can be removed, even for a new project on the same lot
• Tree removal under a CDC is subject to the CDC conditions, not an automatic exemption
• The exemption applies only to trees specifically covered by the DA or CDC approval

Exemption 6 - Specific Species and Size Criteria Under DCP 2023 Section C3

DCP 2023 Section C3 includes specific exemptions based on species type and tree size, broadened from DCP 2012. Some smaller or lower-significance trees that previously required a permit may now be removed without one.

We check the current DCP 2023 Section C3 exemption criteria against your specific tree and property and confirm before any works are quoted or commenced. The exemption list is contained in sub-section 7.0 of Section C3. Check the current version on Newcastle City Council's DCP 2023 interactive website before proceeding.

Even where a specific exemption may apply, written arborist documentation confirming the exemption is recommended. If Council questions the removal, documentation is your best protection.

What Happens If You Remove a Tree Without Approval?

Removing a protected tree without a permit in Newcastle can result in:

• Maximum penalty of $1.1 million in the NSW Land and Environment Court under the EP&A Act 1979
• Council enforcement action and compliance notices
• A requirement to replace the removed tree with equivalent canopy planting at your cost
• Difficulty obtaining future DAs on the property where unauthorised removal is recorded
• Complications for property sales where unauthorised removal must be disclosed

These consequences apply regardless of whether the owner was aware the tree was protected. Newcastle City Council takes enforcement seriously. The Urban Forest is a stated Council priority.

If you are unsure whether your tree requires a permit, contact us before any works proceed.