Tree Preservation

1. In accordance with Clause 11 of Coffs Harbour City Local Environmental Plan 2000, Council resolved at its meeting on 16 December 2004 to amend the Tree Preservation Order as described below. 

(a) "A Tree Preservation Order applies to all Australian native vegetation on land within the following zones where the lot has an area greater than the minimum indicated -

Note: Land within the former Ulmarra Shire Council area is subject to additional requirements under the Ulmarra Tree Preservation Order (see Section 2 below).

For the purposes of this Tree Preservation Order, a tree is:

• any woody-stemmed plant with either a height greater than 3 m or a girth of more than 15 cm, and
• any heath land, shrub land, sedge land or rush land identified in Council's native vegetation maps.

A person shall not carry out or permit or direct or cause any ring barking, cutting down, topping, lopping, removing or wilful destruction of any tree or trees to which a tree preservation order applies without development consent. This does not apply to, or in respect of:

• action required by regulations under the Electricity Safety Act 1945 or the Electricity Supply Act 1995, or
• plants declared to be noxious weeds under the Noxious Weeds Act 1993, or
• trees identified for removal under a bush fire management plan available from the office of the Council.

Wilful destruction includes the lighting of a fire on land for the purpose of land clearance, unless it is in accordance with a bush fire hazard reduction certificate issued under the Rural Fires Act."

(b) This Tree Preservation Order came into effect on Wednesday, 29 December 2004 when notified in the local paper.

2. In accordance with Clause 6 of the Ulmarra LEP 1992, Council of the Shire of Ulmarra resolved at its meeting on 18 January 1995 to adopt the Tree Preservation Order as summarised below:

(a) This Order aims to:

• promote the retention of trees and tree cover and to conserve as far as practical the existing pattern of vegetation;
• to maintain landscape quality and remaining natural ecosystems; and
• to encourage the planting of trees to provide integration of trees into existing land uses.

The Preservation Order applies to all land within the former Ulmarra Shire Council (including village zones), except for the following:

• State Forests
• National Parks
• Crown Reserves

A person shall not carry out the ring barking, cutting down, removing, or willful destruction of any tree on any land or for any purpose to which this order applies except with Development Consent.

Development Consent is required for the removal of any protected or significant tree (defined below).

Development Consent is required for the removal of any other tree unless the removal is associated with air navigation safety, bona fide agriculture, fencing, forestry, land surveying, private forestry.

For the purpose of this Order, "Tree" includes a tree, live sapling or shrub which meets any one or more of the following standards:

• is 3.5 metres or more in height
• has a trunk circumference of 300mm or more at a height of 1 metre above natural ground surface; or
• has a branch span of 3.5 metres or more.

"Tree" does not include Bitou Bush and Lantana.

Protected and significant trees are:

• Saw Banksia (Banksia serrata)
• Wallum Banksia (Banksia aemula)
• Fern Leaved Banksia (Banksia oblongifolia)
• Candlestick Banksia (Banksia spunulosa)
• Heath Banksia (Banksia ericifolia)
• Grey Mangrove (Avicennia marina)
• River Mangrove (Aegiceras corniculatum)
• Red Mangrove (Rhysophora styllosa)
• Milky Mangrove (Exoecaria agallocha)

"Private Forestry" means the carrying out of forestry on private land in which there is an existing (documented) contractural arrangement with a sawmill and/or a silvicultural program established.

"Bona Fide Agriculture" means agriculture carried out on land in respect to which the Farm Land Rate currently applies.

Tree removal applications shall contain a statement detailing:

• proposed methods of tree removal
• new plantings
• means of access
• methods for the prevention of soil erosion

Nothing in this order prevents a person from removing a tree which is within 3 metres of the face of an existing residential building or proposed residential building to which Council has issued a Construction Certificate.

Council shall consider the following when considering to grant consent under this order:

• protecting water catchments
• reducing bushfire risk
• protecting rare and endangered flora and fauna and the habitats of native flora and fauna
• protecting wildlife corridors and vegetation links
• protecting natural bushland as a natural stabiliser of the soil and of existing land forms such as natural drainage lines, water courses and foreshore
• protecting scenic vegetation and the unique identity of the landscape.

(b) This Tree Preservation Order came into effect on 10 March 1995 when notified in the New South Wales Government Gazette No. 28.

Note: Any vegetation removal not requiring consent under either of the Tree Preservation Orders may require approval from the Department of Environment and Conservation under the Threatened Species Conservation Act and the Department of Infrastructure, Planning and Natural Resources under the Native Vegetation Conservation Act and soon to be enacted Native Vegetation Act.