Byron Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Byron 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 Byron Shire Council?
Trees about 3m tall or larger are generally protected and need approval.
Byron Shire Tree Preservation Order (TPO) applies to any tree, palm, or fern exceeding 3 metres in height, plus all native vegetation in heath/mangrove/saltmarsh/sedgeland communities (any height). DCP F1 provides additional protections for "very large trees (non-native) of significant cultural or amenity value" such as Norfolk pines. The TPO applies to private property and requires development consent for removal. Heritage trees in conservation areas also protected under LEP 2014.
When you may not need approval
- trees under 3 metres height
- trees within 2 metres of footprint of existing buildings
- trees grown for edible fruit (except threatened species)
- invasive/undesirable species listed in appendix
- minor pruning/lopping for regular garden maintenance
How to apply
Development Application required under EPA Act 1979; fees: $117 (under 6 trees), $351 (6+ trees) as of 2025-26
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 Byron Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.
Suburbs in Byron Shire Council
- Bangalow
- Billinudgel
- Binna Burra
- Booyong
- Broken Head
- Brunswick Heads
- Byron Bay
- Clunes
- Coopers Shoot
- Coorabell
- Eureka
- Ewingsdale
- Federal
- Goonengerry
- Hayters Hill
- Huonbrook
- Koonyum Range
- Main Arm
- McLeods Shoot
- Middle Pocket
- Montecollum
- Mullumbimby
- Mullumbimby Creek
- Myocum
- Nashua
- New Brighton
- Newrybar
- Nightcap
- Ocean Shores
- Palmwoods
- Possum Creek
- Skinners Shoot
- South Golden Beach
- Suffolk Park
- Talofa
- The Pocket
- Tyagarah
- Upper Coopers Creek
- Upper Main Arm
- Upper Wilsons Creek
- Wanganui
- Whian Whian
- Wilsons Creek
- Wooyung
- Yelgun