Tree Preservation Orders in Sydney: What You Need to Know

Tree Preservation Orders (TPOs) protect trees across Sydney. Understanding your local TPO is essential before removing, pruning or damaging any tree on your property.

What Are Tree Preservation Orders?

A Tree Preservation Order is a regulation made by your local council under the NSW Environmental Planning and Assessment Act 1979. It protects trees on private and public land by requiring approval before trees can be removed, pruned beyond certain limits, or otherwise damaged.

TPOs exist to maintain tree canopy cover, protect biodiversity, preserve amenity and manage the urban heat island effect. Every council in Sydney has some form of tree protection, though the specifics vary considerably.

How TPOs Vary by Council

Each Sydney council sets its own thresholds and rules. Here are some examples of how they differ:

Protection Aspect	Typical Range
Height threshold	3 to 6 metres (varies by council)
Trunk diameter threshold	100 mm to 300 mm at 1.4 m above ground
Canopy spread threshold	3 to 5 metres (some councils only)
Pruning without approval	Up to 10% of canopy (most councils)
Application fee	$0 to $350

Common Exemptions

Exempt Species

Many councils exempt invasive or pest species from protection. Common exemptions include Cocos Palms, Camphor Laurel, Privet (large-leaf and small-leaf), Rubber Trees, Coral Trees and various weed species.

Dead Trees

Most councils allow removal of dead trees without approval. However, it is strongly recommended to photograph the dead tree and retain evidence before removal, as council may investigate if a tree disappears and needs to verify it was indeed dead.

10/50 Bushfire Scheme

In designated bushfire-prone areas, the 10/50 Vegetation Clearing Scheme allows clearing trees within 10 metres of a dwelling without council approval. Check the NSW RFS website to see if your property is eligible.

Small Trees

Trees below the council height and trunk diameter thresholds can usually be removed without approval. These thresholds vary but typically apply to trees under 3 to 5 metres tall or with a trunk under 150 to 300 mm diameter.

Penalties for Breaching a TPO

Unauthorised tree removal carries serious penalties in NSW:

•Maximum fine (individual): Up to $1.1 million under the EP&A Act
•Maximum fine (corporation): Up to $2.2 million
•Penalty infringement notices: On-the-spot fines of $3,000 to $15,000
•Remediation orders: Council can require replacement planting at the owner cost
•Court orders: Land and Environment Court proceedings for serious offences

How to Check If Your Tree Is Protected

Identify your council

Find which council area your property falls in. You can search by address on the NSW Government website.

Find the council TPO

Search your council website for "Tree Preservation Order", "tree management" or "tree removal application". The TPO is usually part of the DCP.

Check the thresholds

Measure your tree height and trunk diameter at 1.4 metres above ground. Compare these against the council thresholds. If your tree exceeds either threshold, it is likely protected.

Check for exemptions

Review the TPO exempt species list. If your tree is an exempt species, you may not need approval. Also check for bushfire-prone land eligibility under the 10/50 scheme.

Contact council or an arborist

If you are still unsure, call your council tree management team. Alternatively, a qualified arborist can assess the tree, identify the species and advise on the council requirements.

Need an Arborist to Help Navigate TPOs?

We connect you with qualified arborists who understand local council TPOs and can prepare compliant removal applications on your behalf.

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Frequently Asked Questions

A Tree Preservation Order (TPO) is a local government regulation that protects trees on private and public land. In Sydney, most councils have TPOs that specify which trees are protected, what work requires approval, and the penalties for unauthorised tree removal or damage. TPOs are part of each council Development Control Plan (DCP) or Local Environmental Plan (LEP).

Check your local council website for their Tree Preservation Order or tree management policy. Most councils protect trees above certain height (typically 3-5 metres) or trunk diameter thresholds (typically 150-300 mm at chest height). Some councils also list specific protected species. If you are unsure, contact your council tree management team or engage an arborist who can advise.

Penalties for unauthorised tree removal in NSW can be severe. Under the Environmental Planning and Assessment Act 1979, individuals can be fined up to $1.1 million and corporations up to $2.2 million. Councils can also issue penalty infringement notices (on-the-spot fines) of several thousand dollars and require replacement planting at the property owner cost.

The 10/50 Vegetation Clearing Scheme allows property owners in designated bushfire-prone areas to clear trees within 10 metres of a dwelling and understorey vegetation within 50 metres, without council approval. The scheme is administered by the NSW Rural Fire Service and applies only to areas identified as bushfire-prone land on the RFS mapping tool. It does not apply to all properties.

Yes, many councils exempt certain species from their TPOs. Common exemptions include Cocos Palms, camphor laurels, privet, rubber trees and other invasive or pest species. Some councils also exempt fruit trees, trees within a certain distance of the house foundation, and dead trees. Exemptions vary significantly between councils, so always check your specific council TPO.