Tree Preservation Order

On the 9 December 1996 Parramatta City Council resolved to make a Tree Preservation Order, which applies to all lands publicly or privately owner throughout the Parramatta local government area. The following is an excerpt and the full Order is available from Council upon request.

Definition of Terms

'Dead Tree' means a tree which is no longer capable of performing any processes or exhibits symptoms as described in the Tree Preservation Order.

'Height' means the distance measured vertically between the horizontal plane of the lowest point of the base of the tree which is immediately above ground and the horizontal plane of the uppermost point of the tree.

'Injury' and 'Wilful Destruction' includes the administering of a chemical or artificial substance to a tree or any part of a tree or, the mechanical or physical wounding of a tree or any part of a tree or, the alteration of ground level or water table which causes damage to the tree or any part of the tree. This to include physical injury especially by machinery on construction sites.

'Pruning' includes 'lopping' means the removal of any stem/s back to the intersection of another stem/s to a swollen area at the intersection called the branch collar. This also means any act or acts of severing any part of a tree so as to cause reduction of the air space occupied by the branches and foliage of a tree. All pruning is to conform to Australian Standard7 AS 4373 - 1996 'Pruning of amenity trees'. This does not include 'Topping' or 'Top Lopping' or the 'Reduction in Height' of any tree.

'Removal', 'transplanting' and 'Cutting Down' means the cutting down of a tree so that the tree, including its branches and foliage, trunk, stump and root system will not regrow. This includes the poisoning of the stump and/or grinding out of its remains to prevent regrowth.

'Topping' or 'Top Lopping' means any act or acts of severing any part of a tree so as to cause the reduction of the height of a tree other than removal or cutting down and is prohibited.

Trees to which the Order applies

The Order applies to:

1. any tree or palm, whether indigenous, endemic, exotic or introduced species which has a height equal to or exceeding 5 metres, not being a cycad palm or mangrove
2. any cycad or mangrove irrespective of dimensions, or
3. any bushland.

Exemptions to Tree Preservation Order

Circumstances where a Council approval is not required include when the tree:

1. is dead (however dead tree habitat potential should be considered) or removal of dead branches;
2. is of a species that has been declared a noxious plant under the Noxious Weeds Act 1993;
3. is of a species referred to in the Order's List of Unsuitable Trees (listed below);
4. is of a species Populus spp. - Poplar, Salix spp. - Willow, Cinnamomum camphora - Camphor Laurel and Liquidambar styraciflua - Liquidambar where the trunk of such tree is located within 5 metres of any sewer, single storey dwelling or commercial building (not being an out building);
5. is a fruit tree or tree grown for the purpose of fruit or fodder production except Acmena spp. - Lilly Pilly, Syzygium spp. - Lilly Pilly and Elaeocarpus spp. - Blueberry Ash;
6. is on public land as defined as 'Bushland' by State Environmental Planning Policy No 19 and is an undesirable tree species listed in clause (8) List of Undesirable Trees in Parramatta City Council Area and locally non-indigenous and exotic trees not included on that list but as determined by Council's Bushland Management Section;
7. is any species of mistletoe or parasitic plant being removed from any part of a tree to ameliorate the affects upon the tree of such a parasite.

Unsuitable Tree Species

You should also refer to the list of declared Noxious Weeds.

Applications to prune or remove a tree

1. An application form must be completed and submitted to Council together with the appropriate fee.
2. If a tree is 'dead' (as defined) then it may be cut down without Council's approval.
3. If a neighbour's tree overhangs your property you may prune the tree back to the boundary with prior consent from Council.

Tree Permit Application Form.