Bogan Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Bogan Shire Council area — which trees are protected, the main exemptions, and how to apply for approval. This is the authoritative summary we keep for this council; always confirm against the official source linked below.
Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).
Compiled from the council's published rules and cross-checked. Always confirm with the council.
Which trees are protected in Bogan Shire Council?
Bogan Shire Council generally does not require council approval to remove trees on private property — its tree controls don't apply to private land. Other laws (native vegetation, heritage, threatened species) may still apply, so confirm with the council.
Bogan Shire Council Local Environmental Plan 2011 uses standard NSW LEP Clause 5.9 for tree preservation. However, the Bogan Development Control Plan 2012 (amended April 2014) does NOT contain a schedule of protected vegetation species. Section 1.37 (Vegetation) only requires replacement of any trees removed from proposed building footprints with comparable native/mature trees. This means most private-land trees can be removed without development consent under Clause 5.9AA. State-level native vegetation regulations may apply separately to native vegetation in rural areas. Bogan Council does NOT have a dedicated Tree Preservation Order protecting private land.
When you may not need approval
- Trees on crown land (State forest, timber reserves)
- Trees required to be removed by utility legislation (Electricity Supply Act, Roads Act, Surveying Act)
- Noxious weeds (Noxious Weeds Act)
- Trees posing immediate risk to human life or property
How to apply
No local council permit required for most tree removal on private land. LEP Clause 5.9AA allows removal of any tree NOT in the DCP prescribed vegetation schedule (Bogan DCP has no such schedule). State-level native vegetation clearing laws (Native Vegetation Act 2003) may apply to clearing of native vegetation in rural areas, requiring Property Vegetation Plan approval for broadscale clearing, but council does not administer this locally.
Other rules that can override the above
- RFS 10/50 Vegetation Clearing scheme — in a designated bush-fire area you may be able to clear trees within 10m of your home (and underlying vegetation within 50m) without council approval. Check eligibility with the NSW RFS online tool; it does not override threatened-species or federal law.
- Heritage items and heritage conservation areas — trees are usually protected regardless of size and most exemptions fall away.
- Threatened species, endangered ecological communities and Aboriginal places — exemptions generally do not apply.
- Federal EPBC Act — separate Commonwealth approval can be required if removal would significantly impact a nationally listed species or community.
Do I need a permit in Bogan Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.