Do I need a permit to remove a tree in the Port Stephens Council area?

Yes, usually — Port Stephens Council requires approval to remove or significantly prune a protected tree under its Development Control Plan, unless an exemption (such as a dead or dangerous tree) applies. Check the details on this page and confirm with the council.

What trees are exempt in Port Stephens Council?

Dead or dying trees (with arborist report and 10 days' notice) Dangerous trees presenting immediate failure or property/life risk (with 10 days' notice) Minor pruning less than 10% of foliage, once per 12-month period Trees within 5 metres of an approved structure wall Trees grown for fruit or nut production Trees listed in NSW Weedwise (undesirable species) Removal under development consent or other legislation (including RFS 10/50) Native vegetation under 3m on vacant lots over 4,000m² where clearing less than 50m² per 12 months Council work on Council-managed land (except heritage items)

Port Stephens Council tree removal rules

Everything you need to know before removing or pruning a tree in the Port Stephens 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.

Check my tree Official council page ↗

Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).

● Researched· last checked 2026-06-27official source ↗

Compiled from the council's published rules and cross-checked. Always confirm with the council.

Which trees are protected in Port Stephens Council?

Trees about 3m tall or 30cm trunk (DBH (1.3m)) or larger are generally protected and need approval.

Port Stephens Council requires a permit for trees exceeding 3 metres in height or 300mm trunk diameter (DBH at 1.3m) unless they meet exemptions including dead/dying status, safety hazards, minor pruning, proximity to structures, or other regulatory clearance; 10/50 vegetation clearing does not apply per source.

When you may not need approval

Dead or dying trees (with arborist report and 10 days' notice)
Dangerous trees presenting immediate failure or property/life risk (with 10 days' notice)
Minor pruning less than 10% of foliage, once per 12-month period
Trees within 5 metres of an approved structure wall
Trees grown for fruit or nut production
Trees listed in NSW Weedwise (undesirable species)
Removal under development consent or other legislation (including RFS 10/50)
Native vegetation under 3m on vacant lots over 4,000m² where clearing less than 50m² per 12 months
Council work on Council-managed land (except heritage items)

How to apply

Submit an online form at forms.portstephens.nsw.gov.au to determine if a permit is needed, or call Council on 02 4988 0255 for free advice.

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.

Port Stephens Council tree removal rules

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Which trees are protected in Port Stephens Council?

When you may not need approval

How to apply

Other rules that can override the above

Do I need a permit in Port Stephens Council?

Suburbs in Port Stephens Council