Tree Removal Laws in Victoria: From Permits Requirements to Penalties

Trees, bushfire and vegetation play a vital role in landscaping and act as a buffer for winds. They also add to the aesthetic outlook of the property. However, sometimes their removal becomes mandatory for the development and planning purpose of the property. Tree removal laws or tree removals and pruning in Victoria State can be a tricky business as many state and local laws need to be obeyed. 

Property owners, developers, and homeowners must comply with established regulations for trees and bushfire protection. Several penalties can be imposed in the case of non-compliance. Some trees or vegetation are protected by the local council and a permit is required for their removal. Therefore, it is mandatory to check if a tree on your property requires a permit for removal or not. The removal regulations vary from council to council, thus respective council should be contacted to get information about the types of permits required.

In Victoria, permission in the form of permits is usually required for removing trees that have a trunk diameter of more than 50cm at breast height, or matured Australian native, or if they are located within a heritage overlay, vegetation protection overlay, or significant landscape overlay.  A planning permit or approval is required before the removal. Usually hiring a professional arborist is recommended to investigate the retention value of the tree.

General Tree Removal Requirements on Your Property

Native vegetation is protected by councils and local laws. Their cutting, pruning, or removal is contingent on the regulations of a local council. According to the Environmental authority of Victoria, native vegetation is “plants that are indigenous to Victoria, including trees, shrubs, herbs, and grasses”. It is therefore required to check if the tree that needs to be removed falls into the protected species or not. Some trees may be exempted from permits, and don’t require permits. However, it is suggested to inform the council before removal to avoid legal complications. 

Some examples of common Australian natives are: Eucalyptus, Gum tree, Banksia tree, Bunya Pine.

If a permit is required for the protected trees, the owner must be able to convey the purpose of tree removal to the council. A permit will not be issued if there is an alternative solution to tree removal available. In some cases, you may need to establish a tree protection zone around the trees or vegetation you want to remove.  This is to prevent damage to other trees or vegetation in the area. Tree protection zone establishment is governed by Victoria Planning Provisions (VPP) or the council. The protection zone varies based on the tree’s size, species, condition, and location. Generally, the responsibility for establishing the zone falls on the owner or hired arborist.

In the case of tree replacement, the owner is supposed to plant a tree similar in traits to the one removed. 

Tree Removal Permit Requirements

An application for the permit needs to be submitted in the case of protected trees. The application is designed based on the tree protection planning objective. The application form is obtained from the respective council and filled in to provide ownership detail as well as a replacement plan if there is any. The application form is supported by several documents including a landscaping plan, replacement plan, arborist report, and property layout. The application fee for permits may vary based on the council or type of tree or cost of the proposed works. An arborist can be hired to perform the assessment that clearly describes the location, age, size, type, breast height diameter, and purpose of removal. 

Once the application is submitted, the council will assess it and ask for any further information if required. The permit will be awarded after assessment. The permit may come with some conditions and they all need to be obeyed during the removal of the tree.

It is important to note that the process for obtaining a permit to remove a tree may vary depending on the local council or local government, so it is always best to check the specific requirements for the area.

Many planning schemes exempt trees that are below a certain size. This size limit may vary depending on the area, but it is often around 10cm in diameter at breast height (DBH). Similarly, permit exemption is applicable if the tree is hazardous, posing risk to the property, and belongs to an invasive species. Some of the trees that are not native and don’t carry substantial ecological value are also exempted from permits. However, the local council must be informed before and after their removal.

The penalties for a tree without a permit vary based on the severity and authority. The penalties may include significant fines, legal complications, loss of amenities, restoration and replacement costs, and delay in future developments. A person who removes, destroys, or lops a tree without a planning permit may be liable for a fine of up to $3,000 for an individual and $15,000 for a corporation under the Victoria Planning Provisions. In addition, the person may be required to replant the tree or pay for a replacement to be planted.

Tree Removal Planning

The planning process starts with the identification of protected and native tree, bushes, or vegetation. The protected vegetation, that is to be removed, must be marked with paint or tape on the site. A public notice of the permit must be served at least 24 hours before the commencement of any cutting, pruning, or removal of a protected tree. Therefore all obstacles close to the site must be removed. The overall health of the tree is evaluated to determine risk of overhang branches falling. It also aids in determining the direction of the fall. A safe zone must be established around the tree to ensure the safety of the public or neighbours.

Sometimes disputes with neighbours may arise due to branches falling on the other property. There is no definite legal framework to solve this. However,  it is recommended to directly talk with neighbours or settle the matter via mediation. Furthermore, the local council can be consulted for the settlement. Illegal removal can cause penalties like providing fines and providing settlement costs to the neighbour.

Once the legal obligations are done with, it is recommended to hire a qualified arborist for the tree removal although it is not mandatory to hire an arborist for tree removal. Arborists are certified tree professionals that possess skills for caring for and maintaining trees. Tree removal can be a tricky process, especially for trees on private property that are in the proximity of electricity lines, buildings, or neighbouring property. The licensed arborist has the knowledge, equipment, and skills to advise you how to safely remove trees without causing any legal hassle.

What’s Next

In conclusion, understanding the tree removal laws in Victoria is crucial to avoid any legal complications and environmental damage. The regulations surrounding tree removal are in place to protect the environment and preserve the natural beauty of Victoria. It is essential to apply for a permit or consult an arborist before carrying out any tree removal activities to ensure that you comply with the legal requirements.

If you have any questions regarding tree removal laws in Victoria, do not hesitate to contact SQM Architects. Our team of professionals is well-versed in the regulations and can provide you with the necessary guidance to ensure that you comply with the law while achieving your desired outcome. We are always available to provide assistance and support in navigating the complex regulations and ensuring that your project is environmentally sustainable. Contact us today for more information.