Exempt Tree and Vegetation Works

A permit or development application to carry out clearing of vegetation, pruning or removal of a tree is not required if:

1. Council is satisfied that the vegetation or tree is dying or dead (from natural causes) and is not a hollow‐bearing tree required as habitat for native animals and is a risk to human life or property, as per clause 2.7 of the Biodiversity and Conservation SEPP.
   
   To provide Council with sufficient evidence to make this determination, proponents must comply with the following process:

• Undertake a tree risk assessment (evaluating ‘likelihood of failure’, ‘likelihood of impacting a target’ and ‘consequences of impact’) to identify the level of risk to human life or property by a suitably qualified arborist (AQF5).
• Provide evidence that the tree is dead or dying from natural causes.
• Commence works only after receiving written confirmation from Council that the tree is exempt from the requirement for a tree permit and that tree works may be undertaken.

Note: If Council is not satisfied that the tree has died of natural causes, a Council investigation will be undertaken. Penalties will be issued where the investigation identifies illegal removal or harm with intent to kill an existing tree or trees. 

2. Trees/vegetation have the following dimensions:
   • a height less than 4m and/or
   • trunk diameter less than 150mm measured at breast height (1.4m above ground level).
3. Removal of deadwood/ pruning of less than 10 per cent of the crown of a tree in a 12‐ month period provided the branches to be pruned do not have hollows required as habitat for native animals, the branch does not exceed 60mm diameter, and the work is carried out in accordance with Australian Standard 4373 –2007 Pruning of amenity trees and Safework NSW Code of Practice: Amenity Tree Industry 1998.
   Note: Consistent with the Biodiversity SEPP’s core aim “to protect the biodiversity values of trees and other vegetation in non‐rural areas of the State”, existing hollows in trees to be removed or pruned must be reviewed and identified prior to undertaking any tree works.
4. Tree Works on a tree where the stem of the tree at ground level is within three (3) metres of:
   • the outside enclosing wall of legally constructed dwelling or outbuilding of over 20m²

Note: This exemption does not apply to trees on adjoining land. The Tree and the dwelling house or other structure referred to above must both be on the same land for the exemption to apply.

5. Tree Works on any tree on the following list:

6. Tree works on a tree on land owned or under the care, control, and management of Council where the tree works are carried out by Council.
   Note: For tree works on land owned or under the care, control & management of Council:
7. Tree works on a tree on land owned by private schools, the Macquarie University, or the State Government and carried out by the agency or their contractor.
8. Any State or regional priority weeds listed in the Greater Sydney Regional Strategic Weed Management Plan or local priority weeds listed in the Ryde Local Priority Weed Management Plan.
9. The clearing of vegetation, pruning or removal of trees due to authorised by a development consent under Part 4 of the Environmental Planning and Assessment Act 1979.
10. The clearing of vegetation, pruning or removal of trees authorised under other legislation:
• Biodiversity Conservation Act 2016
• Biosecurity Act 2015
• Rural Fires Act 1997
• Electricity Supply Act 1995 (trees on public land affecting power lines are managed by Ausgrid and works must only be carried out by Ausgrid and cannot be carried out by residents or arborists not engaged by Ausgrid).
• State Emergency Services Act 1989
• Water Management Act 200
• Roads Act 1993
• NSW Rural Fire Service 10/50 Vegetation Clearing Code of Practice

Exclusions from Exemptions

The exemptions listed above do not apply where:

1. The trees/vegetation forms part of a heritage item, heritage conservation area, Aboriginal object or Aboriginal place of significance, and Council is not satisfied that the proposed works fall within the standard exemptions and/or the site‐specific exemptions agreed by the NSW Department of Planning, Housing, and Infrastructure, as noted in Section 3.3. (Note: as required Section 2.10(3) of the Biodiversity and Conservation SEPP)
2. The trees/vegetation are a threatened species or habitat for threatened fauna species or part of an endangered ecological community (for which a Biodiversity Conservation License (BCL) is required from the NSW Department of Climate Change, Energy, the Environment and Water).
3. Tree/s are required to be retained by a condition of development consent or a Section 88B restriction to user instrument.
4. Tree/s are listed on the City of Ryde Significant Tree Register.