Helpful Tips On How To Safely Remove A Tree

Glenn Broadbent • May 17, 2022

How to Remove A Tree

removing a tree with a chainsaw

Do you have a damaged tree or a tree which needs to be removed for your building project? 

Do you need to remove a tree from your private property or commercial property?

Removing a tree can have many restrictions and complications.

Here's a guide to help you understand the legal requirements of the local council, State and National governments.

We get asked this question often:

Can I remove a tree in Newcastle from my private property without a Council permit?


The simple answer is YES.

However, it is important that you understand the extensive list of conditions which surround tree removal in the Newcastle area.

So before you sharpen that old axe, here are the six important things you must consider::


  • Does the tree or shrub pose an immediate risk to life or property? This can be due to an obvious change to its structure as a result of a severe storm or wind event. The person performing the tree removal must  complete a Report Storm Damage Tree Removal Form with relevant pictures and evidence.
  • Is the tree within three metres of a wall of your house or a neighbouring house. This is the distance from the the footings of the building to closest point of the trunk.
  • Does the tree have a circumference, at chest height, not greater than 450 millimetres for a single trunk tree or not greater than 300 millimetres for each trunk of a multi-trunk tree?
  • The tree must be dead and not provide a habitat for any hollow-dependent fauna. You must provide clear photos. It is essential you complete a Dead or Dying Tree Removal Form.
  • Is the tree or shrub less than 5 metres in height and not part of a native vegetation community.
  • Confirm if the tree or shrub is part of native vegetation previously planted for agriculture, agroforestry, forestry or horticulture purposes.


Important: This information refers to the removal of trees and shrubs on private land only. Property owners in Newcastle are not permitted to remove or interfere with public trees or shrubs under any circumstances.

 

Dying tree ready for removal

What are the consequences of removing or damaging a tree without the proper consent or permit?

Serious penalties are associated with removing or damaging trees without permission.

The NSW Environmental Planning & Assessment Act 1979 and the Protection of the Environment Operations Act 1997 list the following penalties:

  • Maximum penalty imposed by the Local Court: $100,000
  • Maximum On-The-Spot Penalty Infringement Notice can be imposed by Council: $3,000
  • Maximum Penalty imposed by Land & Environment Court: $1.1 million

 

How Do I Submit A Tree Removal Application?

If you have a tree on your private property and you are not sure if it meets the requirements above, you should check if you need to submit a Private Tree Removal Application form to the Local Council.

You will be required to include a clear diagram showing the location of the tree and its botanical name.

If you intend on removing more than three trees, a Level 5 Arborist will need to be engaged to collate an Arborist report on your behalf. The Arborist assessment must show that the only suitable option available is the removal of the trees from your property. This Arborist report is valid for 6 months.


How Much Does It Cost To Submit A Private Tree Removal Application Form to the City of Newcastle Council?

The fees to submit the form, once you have included all relevant photographic evidence, are:

  • 1 to 3 trees - $87.00
  • Over 3 trees - $24.00 per additional tree


My Neighbour Does Not Want A Tree Removed, What Can I Do?

Councils are used to dealing with neighbour disputes. There is useful information in the "Trees and Hedges" section of the Land & Environment Court website. You can explore your rights and suggested course of action in the Trees (Disputes Between Neighbours) Act released in 2006.

Arborist measuring a tree

Should I Hire An Arborist?

If you more than three trees to remove, you are required to engage the services of a licensed Level 5 Arborist.

Here are some important reasons to hire an Arborist:

  • They will complete an Arborist report for you.
  • If you are not comfortable using power tools, then you should hire the services of a professional tree removal team to ensure the safety of you and your property.
  • If you consider removing the trees yourself, you risk large fines when trees are incorrectly removed.


Paying for a reliable and knowledgeable arborist to handle the paperwork and service for you is an easy and essential decision.


Give us a call on 0438 248 833 - Kaptol Tree Removal Newcastle

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