Can I cut down a tree in my own yard?

I have acted both for and against many people who have cut down trees and regretted it. As a matter of caution, contact your local council before you fire up the chainsaw.

Every Local Environmental Plan in NSW will contain clause 5.9, which refers to the preservation of trees or vegetation. Clause 5.9 is a compulsory provision that all councils must include in their LEPs. What it provides, in essence, is that a person must not cut down or injure a tree or vegetation without development consent from the council.

However, clause 5.9 only applies to types of trees or vegetation that the council identifies in a development control plan. Accordingly, councils will need to have adopted a DCP that specifically identifies trees and vegetation for the purpose of clause 5.9.

If you cut down a tree of a type to which clause 5.9 applies, the consequences can be severe. It would ultimately amount to a contravention of the Environmental Planning and Assessment Act 1979 (EPA Act), which is also an offence.

In 2015 the EPA Act was amended to incorporate three tiers of offences. Tier 1 is the most serious level and has a maximum penalty of $5 million for companies or $1 million for individuals. Councils are responsible for enforcing the provisions of their LEP and have the power to prosecute.

Accordingly, if you were to cut down trees to which clause 5.9 applied, and the Court considered that their removal resulted in significant environmental harm, you could face significant penalties, in addition to having to revegetate the site of the clearing.

If you would like to know more about tree removal, you can view our article on trees and neighbours here.

If you would like to know more about provisions of an LEP and enforcement action, click here to read our article on LEPs and DCPs.

If you need more information or help please contact us.