FAQ of the Tree Preservation Order

The Tree Preservation Order was adopted in 1995.

An application for permission to remove or prune trees (pdf 31Kb) is necessary for any tree management.

What is the process for applying for a permit?

• Obtain an application form (pdf 31Kb) - also available at Council's Customer Service desk.
  
  
• Fill in all the blanks on the form and sign it.
  
  
• Submit the form at Council's Customer Service Desk, post it or fax it to 4232 0444. Response is usually within two weeks of submission of the application form).
  
  
• A permit will be either left in the letterbox or posted out if the application is successful.
  
  
• If unsuccessful, a letter will be sent to the applicant at that time.

Why does Kiama Municipal Council have a Tree Preservation Order?

The benefits of trees are numerous and evoke engineering, environmental, economic and aesthetic reasons for their inclusion in a protection order.

Some advantages of trees are they:

• control erosion
• minimise runoff from stormwater
• absorb air pollutants
• conserve energy use around buildings
• reduce global warming by tying up carbon
• provide habitats for wildlife
• contribute to the atmosphere of Kiama by using signature trees eg. Norfolk Island Pines, Figs and Cabbage Palms
• screen ugly outlooks eg. carparks and industry
• provide privacy
• frame beautiful vistas
• or simply look beautiful throughout the changing seasons

What is Kiama's Tree Preservation Order?

The Tree Preservation Order states that no tree, specified by the Order, shall be ring-barked, cut down, topped or lopped, injured or removed without prior Council approval.

When do I need approval?

Written Council consent is required before disturbing any tree that is:

• three metres or more in height
• has a girth of 200mm or more at one metre above the ground
• has a branch span of three metres or more

What trees are exempt from the order?

Domestic fruit trees, rhus trees, privet trees, loquat trees and coral trees are exempt from the order.

When don't I need approval for pruning?

If the pruning being undertaken comprises less than 5% of the total canopy and is for the purposes of maintaining the shape and form of the tree. (This work is usually carried out using hedge shears or secateurs and is limited to outer foliage with stem diameters of less than 10mm).

Note: There is currently no fee charged for the inspection or for issuing a permit.

What action will Council take if people break this law?

The policy for dealing with breaches of the Order depends on the seriousness of the breach.

Minor breaches include severe pruning which threatens the life expectancy of the tree or severely effects its form; or the removal of trees which have no special significance. These breaches are dealt with by issuing a Penalty Infringement Notice. The present fine is $600.

Serious breaches include the removal, poisoning or heavy lopping of a number of trees, or the removal of a single significant tree. If Council decides that a serious breach has been committed then a prosecution is launched through the Court. The Court may impose fines ranging up to $110,000 and/or orders for restoration.

Council has lists of undesirable plants, endemic plants and Trees Special Significance. (pdf 402Kb)

Does the Council have free trees?

To encourage a green environment, Council gives two free trees a year to rate payers.

 

Planting guide - helpful hints

• Find out the mature size of the tree and select a spot that gives it plenty of room to grow.
  
  
• Plant deciduous trees on the northern side of a building to allow adequate sunlight in winter.
  
  
• Position trees to screen out hot western sun in summer.
  
  
• Do not plant trees with a mature height of more than 3.5 metres under electricity wires.
  
  
• All planting should consider where your underground services are located.
  
  
• Plant appropriate plants for the site.
  
  
• Always plant quality-grown plant stock and train your trees into structurally stable forms ie. do formative pruning at an early stage to develop a single leader formation.