Tree Removal Laws South Australia

Tree Removal Laws in South Australia: A Comprehensive Guide

South Australia’s tree management legislation balances environmental protection with property rights, creating a framework that safeguards significant trees while allowing for appropriate removal when necessary. This guide explores the key aspects of tree removal laws in South Australia, outlining the processes, exemptions, and considerations property owners need to understand.

Understanding the Legal Framework

South Australia’s approach to tree regulation is primarily governed by the Planning, Development and Infrastructure Act 2016 (PDI Act), which replaced the Development Act 1993. This legislation established a comprehensive system for managing the removal, pruning, and damaging of trees deemed “significant” or “regulated” based on specific criteria.

The Planning, Development and Infrastructure (General) Regulations 2017 provide the detailed rules and procedures that implement the Act’s broader objectives. These regulations define what constitutes a significant or regulated tree, outline exemptions, and establish assessment pathways.

At the local level, Planning and Design Code provisions further refine tree protection standards. The Code, which replaced individual council Development Plans in 2021, creates consistent tree management policies across South Australia while still allowing for local variations in certain overlay areas.

Environmental protection is enhanced through the Native Vegetation Act 1991, which imposes additional controls in certain areas, particularly outside metropolitan Adelaide. This Act aims to prevent clearance of native vegetation without approval and establish appropriate offsetting mechanisms.

For trees with cultural significance, the Heritage Places Act 1993 may provide additional protections, particularly for trees associated with State Heritage Places or within State Heritage Areas.

Understanding how these legislative instruments work together is essential as they create a layered approach to tree protection, with different rules applying depending on a tree’s classification, location, and characteristics.

Regulated and Significant Trees: Definitions and Distinctions

South Australia’s tree protection system revolves around two key classifications: regulated trees and significant trees. These designations determine the level of protection afforded and the assessment process required for removal.

Regulated Trees

A tree is classified as “regulated” when it meets the following criteria:

Has a trunk circumference of 2 meters or more measured at 1 meter above ground level
For trees with multiple trunks, has a total trunk circumference of 2 meters or more with an average circumference of 625mm or more
Is located within the designated parts of the state where the regulated tree controls apply (primarily in Greater Adelaide)

Regulated trees receive base-level protection requiring development approval before removal, substantial pruning, or any action that might damage the tree or its root system.

Significant Trees

Significant trees represent the highest protection category and include trees that:

Have a trunk circumference of 3 meters or more measured at 1 meter above ground level
In the case of multiple trunks, have a total trunk circumference of 3 meters or more with an average circumference of 625mm or more
Are identified specifically as significant trees in the Planning and Design Code
Are notable for their age, size, rarity, habitat value, or cultural significance

The assessment process for significant trees is more rigorous, with stronger presumptions against removal and higher replacement requirements when removal is approved.

Species Exclusions

Certain species are excluded from regulated and significant tree protections, including:

Eucalyptus (River Red Gum) camaldulensis within the Adelaide Plains
Melaleuca styphelioides (Prickly-leaved Paperbark)
Acer negundo (Box Elder)
Ailanthus altissima (Tree of Heaven)
Alnus acuminate (Evergreen Alder)
Celtis australis (European Nettle Tree)
Cotoneaster pannosus (Silverleaf Cotoneaster)
Crataegus monogyna (Hawthorn)
Cypressus macrocarpa (Monterey Cypress)
Ficus spp. (Figs), except Ficus macrophylla (Moreton Bay Fig)
Fraxinus angustifolia (Desert Ash)
Fraxinus excelsior (Common Ash)
Lagunaria patersonia (Norfolk Island Hibiscus)
Pinus radiata (Radiata Pine / Monterey Pine)
Platanus x acerifolia (London Plane)
Populus alba (White Poplar)
Populus nigra var. italica (Lombardy Poplar)
Robinia pseudoacacia (Black Locust)
Salix babylonica (Weeping Willow)
Salix chilensis ‘Fastigiata’ (Chilean Willow, Pencil Willow)
Salix fragilis (Crack Willow)
Salix x rubens (White Crack Willow, Basket Willow)
Sambucus nigra (Common Elder)
Schinus areira (Peppercorn Tree)

The Approval Process for Tree Removal

Removing regulated or significant trees in South Australia requires navigating a structured approval process designed to ensure appropriate assessment while providing clear pathways for legitimate removal.

Application Requirements

A complete application for tree removal typically includes:

A development application form (now submitted through the PlanSA portal)
The prescribed fee (higher for significant trees than regulated trees)
A site plan showing the tree’s location relative to structures and boundaries
Photographs of the tree
A written statement outlining the reasons for removal
For significant trees, an arborist report is generally expected or may be requested

The fees as of 2025 are $85 for regulated tree removal applications and $168 for significant tree removal applications, though these fees are indexed annually.

Assessment Criteria

Applications are assessed against specific criteria in the Planning and Design Code. Removal may be approved if the tree:

Is diseased and its life expectancy is short
Represents a material risk to public or private safety
Is causing or threatening to cause substantial damage to a substantial building or structure of value
Is appropriate taking into account the size of the tree and available space
Is appropriate given the number of other regulated or significant trees in the area
Is indigenous to the local area, is listed as rare or endangered, or provides important habitat for native fauna
Would reasonably be expected to cause economic hardship or financial liability

For significant trees, the bar is higher, with stronger emphasis on alternatives to removal and greater weight given to the tree’s environmental and aesthetic value.

Timeframes and Decision Process

The standard assessment timeframe is 8 weeks, though straightforward applications may be processed more quickly. The decision-maker (assessment manager or relevant authority) must consider:

The provisions of the Planning and Design Code
Any specialist advice received (such as arborist reports)
Comments from referral agencies if applicable
Representations from the public (for performance assessed applications)

Applicants receive a written notice of the decision, including any conditions attached to an approval, such as replacement planting requirements.

Exemptions and Special Circumstances

While approval is generally required for regulated and significant tree removal, several important exemptions exist to allow for necessary management activities and emergency situations.

Common Exemptions

Development approval is not required for:

Pruning that does not remove more than 30% of the tree’s crown and is necessary for maintenance
Work required to remove a dead or diseased branch that poses a risk to public safety
Work to prevent imminent serious injury to a person or serious damage to property
Maintenance pruning that does not substantially alter the appearance of the tree
Work undertaken by the State Coordinator-General for emergency work
Trees within 10 meters of an existing dwelling or in-ground swimming pool
Trees within 20 meters of a dwelling in a Medium or High Bushfire Risk area

Emergency Situations

In genuine emergencies where a tree poses an imminent danger, property owners may take necessary action without prior approval. However, they should:

Document the emergency situation thoroughly with photographs
Contact the local council or relevant authority as soon as practicable
Retain evidence of the hazard (such as arborist assessments or structural engineer reports)
Be prepared to demonstrate that their actions were reasonable and necessary

It’s important to note that retrospective claims of emergency are often scrutinized carefully, and incorrect judgments can result in enforcement action.

Native Vegetation Considerations

In areas where the Native Vegetation Act 1991 applies (primarily outside metropolitan Adelaide), additional restrictions may override the standard regulated tree exemptions. Native vegetation clearance generally requires approval from the Native Vegetation Council, with different assessment pathways depending on the scale and purpose of clearance.

The Native Vegetation Council considers factors such as:

The conservation significance of the vegetation
The purpose and necessity of the proposed clearance
Whether reasonable alternatives exist
The extent and condition of remaining vegetation
Proposed rehabilitation or Significant Environmental Benefit (SEB) offset arrangements

Even when exemptions from PDI Act requirements apply, native vegetation protections may still require formal approval processes.

Penalties, Compliance and Enforcement

South Australia has established significant penalties for unauthorized tree removal to deter illegal activity and protect the state’s tree canopy.

Penalties for Illegal Removal

The maximum penalties for unlawful tree damaging activity are substantial:

For regulated trees: Up to $80,000
For significant trees: Up to $120,000

In practice, penalties are often calculated based on the “tree amenity value,” which considers the tree’s size, species, condition, location, and environmental contribution. For large significant trees, these valuations can exceed $50,000.

Beyond financial penalties, the courts may order:

Replacement plantings (typically at a ratio of 2:1 for regulated trees and 3:1 for significant trees)
Remediation of the site
Payment of investigation costs
Ongoing maintenance requirements for replacement plantings

Enforcement Process

Local councils and the state planning authority are responsible for investigating potential breaches. The enforcement process typically involves:

Investigation of the alleged breach, including site inspections
Collection of evidence (photographs, measurements, witness statements)
Review of aerial imagery to establish the tree’s prior existence
Formal interviews with property owners and contractors
Assessment of any exemptions or defenses that might apply
Issuance of enforcement notices or commencement of prosecution

Most councils employ compliance officers who investigate reports of illegal tree removal, often working with arborists to gather expert evidence.

Civil Remedies and Neighbor Disputes

Unlike New South Wales, South Australia does not have a specialized tree disputes court. Neighbor disputes involving trees are typically addressed through:

Local council mediation services
Community Justice Centers
Civil action in the Magistrates Court

Property owners affected by neighboring trees encroaching on their land generally have common law rights to cut back branches or roots to the boundary line, provided this doesn’t constitute “tree-damaging activity” requiring approval under the PDI Act.

For disputes between neighbors regarding trees, it’s advisable to seek resolution through communication and mediation before pursuing legal remedies, as court proceedings can be costly and may damage neighborly relations.

Tree Management Best Practices in South Australia

Effective tree management involves proactive approaches that maximize tree benefits while minimizing risks and complications.

Planning for Tree Retention

When developing property, consider:

Engaging an arborist early in the design process
Using tree-sensitive construction methods like pier and beam foundations
Creating tree protection zones during construction
Adjusting building envelopes to accommodate significant trees
Utilizing permeable paving and water-sensitive urban design to support tree health

Many councils and planning authorities look favorably on development applications that demonstrate thoughtful tree retention strategies.

Replacement Planting Guidelines

When removal is approved, replacement plantings are typically required. For optimal results:

Select species suited to the local climate and soil conditions
Choose appropriate sizes (typically 1.5-2.5 meters tall at planting)
Install in accordance with Australian Standards for tree planting
Implement regular maintenance during the establishment period (2-3 years)
Consider engaging professional arborists for planting larger specimens

Some councils maintain lists of recommended species for replacement plantings that consider local conditions and biodiversity objectives.

Climate Resilience and Urban Forests

South Australia’s climate change adaptation strategies increasingly recognize trees as critical infrastructure. Best practices include:

Selecting drought-tolerant species for new plantings
Implementing passive irrigation systems that direct stormwater to tree roots
Creating connected corridors of tree canopy to maximize cooling effects
Diversifying species selection to build resilience against pests and diseases
Monitoring mature trees during drought periods

Several local governments in South Australia have adopted Urban Forest Strategies that set canopy cover targets and incentivize tree retention on private property.

Professional Tree Care

Working with qualified professionals ensures proper tree management:

Engage arborists with appropriate qualifications (minimum AQF Level 3 for basic work, Level 5 for complex assessments)
Ensure all tree work complies with Australian Standard AS 4373-2007 Pruning of Amenity Trees
Obtain written quotes that detail the specific work to be undertaken
Request evidence of insurance and relevant training
Check references or previous work examples

The Tree Industry Association South Australia (TIASA) maintains a directory of accredited arborists who adhere to industry best practices.

Future Directions in South Australian Tree Legislation

South Australia’s tree protection framework continues to evolve in response to environmental challenges, urban development pressures, and community expectations.

Emerging Policy Trends

Recent and anticipated developments include:

Greater integration of tree canopy targets with planning policy
Enhanced protections for trees on development sites
More sophisticated valuation methodologies for tree amenity
Increased offset requirements for approved removals
Better coordination between regulated tree controls and native vegetation protections

The state government’s 30-Year Plan for Greater Adelaide includes targets for increasing urban tree canopy cover, which is driving policy reforms across planning, water management, and urban design domains.

Climate Adaptation Focus

Climate change is influencing tree management approaches through:

Revised species selection guidelines that consider future climate scenarios
Greater emphasis on water-sensitive urban design integration with tree planting
Recognition of trees as critical infrastructure for heat mitigation
Enhanced valuation of ecosystem services provided by mature trees
Development of heat-mapping tools to prioritize tree retention and planting

Several councils have declared climate emergencies and are consequently strengthening tree protection measures as part of their climate adaptation strategies.

Community Engagement Initiatives

Public participation in tree management is expanding through:

Citizen science projects monitoring tree health and canopy changes
Community tree planting programs
Educational initiatives about tree benefits and care
Participatory budgeting for urban forestry initiatives
Tree tagging and recognition programs for significant specimens

These initiatives aim to build broader community support for tree protection while engaging residents in active stewardship of public and private trees.

Conclusion

South Australia’s tree removal laws create a structured framework that recognizes the environmental, social, and economic value of mature trees while providing pathways for appropriate removal when necessary. Understanding the distinctions between regulated and significant trees, the application process, applicable exemptions, and enforcement mechanisms helps property owners navigate these requirements effectively.

The system balances private property rights with broader community interests in maintaining urban tree canopy, biodiversity, and neighborhood character. While the regulations may initially seem complex, they ultimately serve to protect South Australia’s valuable tree assets for current and future generations.

As climate change intensifies and urban densification continues, the importance of these protections is likely to increase. Property owners who approach tree management proactively—working with qualified professionals, engaging early with authorities, and considering alternatives to removal—will generally achieve better outcomes while avoiding potential penalties and complications.

By understanding and working within the established legal framework, South Australians can help preserve the significant environmental, aesthetic, and economic benefits that mature trees provide to their communities.