Brewarrina Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Brewarrina 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 Brewarrina Shire Council?
Brewarrina 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.
Brewarrina Shire Council DOES NOT control tree removal on private land. The DCP contains no numeric tree size thresholds and prescribes no specific tree species. Only vague statement: "Development design shall accommodate the retention of any significant trees and vegetation" with no size criteria. Under Clause 5.9 of LEP, trees not prescribed in DCP can be removed without consent. Since no trees are prescribed, virtually any tree can be removed. Heritage protection (Clause 5.10) only covers heritage-listed properties in Schedule 5, not individual trees by size.
When you may not need approval
- All trees not prescribed in DCP (which prescribes none)
- Clause 5.9AAA default exemption for unprescribed trees
- Non-heritage properties
How to apply
Clause 5.9 of Brewarrina LEP 2012 applies to trees prescribed by DCP. DCP prescribes no specific tree species or sizes. Clause 5.9 default exemption means unprescribed trees can be removed without development consent. Heritage protection (Clause 5.10) applies only to heritage items in Schedule 5.
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 Brewarrina Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.