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Tree Preservation Order

Last amended on 11 May 2005

1. AIMS

The Wingecarribee Shire Council is of the opinion that there are certain areas within the Shire which exhibit a unique quality which is enhanced by the presence of trees and other significant elements of the landscape.

In order that the environmental quality and amenity of those areas may be protected, Council has by resolution dated 15 December 1986 adopted this tree preservation order in accordance with the provisions of Bowral Local Environmental Plan No 1, the Wingecarribee Local Environmental Plan No. 55, Interim Development Order No 2 – Wingecarribee Council and subsequently in accordance with the provisions of Wingecarribee Local Environmental Plan 1989.

2. PURPOSE

To provide a regulatory process for the protection of trees recognising their contribution as significant elements of the landscape and essential components of the Shire’s local ecology and biodiversity. To enhance environmental quality and amenity while considering community safety.

3. DEFINITIONS

 In this order:

“tree” means a perennial plant with at least one self-supporting woody or fibrous stem, being of any species whether idigenous, exotic or introduced which:

(1) is six metres (20ft) or more in height; or

(2) has a trunk diameter of 150mm (six inches) or more one metre above the ground; or,

(3) where it has been cut down or cannot be measured in accordance with the above subclauses, has a trunk diameter of 150mm (six inches) or more at ground level.

4. WHERE THIS ORDER APPLIES

(1) This order applies to the following land and specified trees:

(a) Residential 2 (b) zone

(b) Special Uses Water Catchment 5(c) zone

(c) Significant Tree Register

Note: A copy of the Significant Tree Register can be obtained from Council upon request.

(d) Centenary of Federation Tree Plantings

(e) Trees growing within Endangered Ecological Communities (EECs) listed under part 3 of schedule 1 of the Threatened Species Conservation Act1995, including trees growing within areas mapped as EECs as part of phase one of the Wingecarribee Biodiversity Strategy (Eco Logical Australia Pty Ltd, June 2003). The relevant EECs include:-

 

(i) Mt Gibraltar Forest

(ii) Southern Highlands Shale Woodlands (including the sub-community known as Joadja Tall Open Forest)

(iii) Robertson Basalt Rainforest

(iv) Robertson Basalt Tall Open Forest

(v) Shale/Sandstone Transition Forest (including the sub-communities known as Transitional Shale Stringybark Forest and Bargo Brush Forest)

(vi) Montane Peatlands and Swamps

Notes on EECs:

1) Species lists for the EECs mentioned above and information about the mapping of these EECs can be obtained from Council.

2) In dealing with EECs there are requirements under the Environmental Planning and Assessment Act 1979 which impose obligations on landowners and Council. Council cannot approve the removal of any trees from an EEC without assessing whether their removal will have a significant effect on the survival of the EEC. Landowners have a responsibility to assist Council with this assessment by providing the necessary report/s prepared by suitably qualified professionals.

3) An ecological community is defined by the Threatened Species Conservation Act 1995 as “an assemblage of species occupying a particular area.” Ecological communities include both plants and animals. With respect to plants they include canopy trees (where present), understorey, ground cover and below ground biomass (roots, bulbs and the seed bank). Although this order only protects trees of a specified height or girth it is important to recognise that all other plant life in an ecological community which is listed as endangered under the Threatened Species Conservation Act is protected by that Act. Before taking action that is likely to result in damage to any plant within an endangered ecological community a person should obtain advice from the NSW Department of Environment and Conservation.

(2) Despite the definitions in clause 3 this order protects the following rare and /or threatened tree species regardless of their height or girth:

(a) Eucalyptus apiculata (Narrow-leaved Mallee Ash)

(b) Eucalyptus aquatica (Broad-leaved Sallee)

(c) Eucalyptus macarthurii (Camden Woollybutt or Paddy’s River Box)

Notes on rare trees:

1) Fact sheets to help identify these trees are attached as PDF documents.

2) In dealing with an application to remove rare tree species specified in this subclause Council will consider whether the continuation of existing farming activities will be significantly impeded if regenerating saplings of the species are not removed.

(3) In conjunction with particular clauses of the Wingecarribee Local Environmental Plan 1989 (WLEP) this order also applies to the following areas of the Shire:

(a) Environmental Protection 7 (a) and 7 (b) zones. (WLEP clause 15)

(b) Heritage Conservation Areas, being “Anglewood Conservation Area”, “Berrima Conservation Area”, ”Bowral Conservation Area”, “Bowral Landscape Conservation Area”, “Maltings Conservation Area” and the “Mittagong Conservation Area”. (WLEP clause 27)

(c) Heritage Items. (WLEP clause 27)

(d) the Joadja Site. (WLEP clause 38H)

5. NOXIOUS AND ENVIRONMENTAL WEEDS

This order does not protect trees which are noxious or listed by Council as environmental weeds unless they have been identified as having heritage value pursuant to clause 27 of the Wingecarribee Local Environmental Plan 1989.

6. RESTRICTIONS AND OBLIGATIONS

(1) A person shall not without the prior written consent of Council ring-bark, cut down, top, lop, remove, injure or wilfully destroy any tree specified in this order.

(2) An application to remove a tree protected by this order shall be made on a form approved by Council and accompanied by the payment of any specified fees.

(3) A person shall positively identify whether a tree is protected by this order before commencing any work to that tree. Work undertaken on a protected tree or tree species due to incorrect identification will be considered a breach of this order.

7. DANGEROUS TREES

Despite clause 6, circumstances may arise which necessitate the immediate felling of a tree which is threatening life or property. Following felling Council shall be advised on the first available working day why the tree was considered to be a danger to life or property. Plant material felled due to danger to life or property must be retained on site until it has been inspected by a Council officer.

8. REPLACEMENT OF TREES

The need to replace a tree will be assessed by Council. The applicant may be required to replant an equivalent number of trees of advanced plant stock in an alternative location on the site.

9. PENALTIES

In the event that a person contravenes or causes or permits to be contravened this tree preservation order, Council will consider issuing penalty notices or taking legal action against that person in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

10. RIGHT OF APPEAL

An applicant may appeal to Council against a decision made under this order. An appeal should be made in writing stating reasons for objection and including supporting documentation from a suitably qualified professional. Appeal may also be made to the Land and Environment Court.

11. LIMITATION OF CONSENT

A consent given under this order remains valid for a period of two (2) years from the date on which it is given and extends only to work which the applicant is legally entitled to carry out. Such work must be carried out with due regard to all legal rights of other parties.

NOTE: OTHER LEGISLATION

Under other legislation applications may be required for the clearing and removal of trees which are not protected by this tree preservation order.

GENERAL MANAGER

Contact details
Wingecarribee Shire Council
02 4868 0888 (ph)
02 4869 1203 (fax)
wscmail@wsc.nsw.gov.au

© 2008 Wingecarribee Shire Council
This page: http://www.wsc.nsw.gov.au/environment/2115/2967.html