Tree Removal Law in Victoria

Tree Removal Law in Victoria: A Comprehensive Guide

Victoria’s diverse landscapes and urban forests are protected by a comprehensive legal framework governing tree removal. Whether you’re a homeowner, property developer, or land manager, understanding these regulations is essential before removing any trees from your property. Unauthorised tree removal can result in significant penalties, environmental damage, and lengthy legal proceedings. This guide explores Victoria’s tree removal laws, permit requirements, application processes, penalties for non-compliance, and provides a detailed step-by-step guide for lawful tree removal across the state.

Victoria’s Tree Removal Legislative Framework

Tree removal in Victoria is regulated through multiple legislative instruments, local government bylaws, and planning schemes that work together to protect the state’s natural assets. The primary legislative frameworks include:

Planning and Environment Act 1987

This is Victoria’s principal legislation for regulating development and land use, including vegetation removal. Under this Act:

Planning schemes establish overlays that protect significant vegetation
Permits are required for vegetation removal in specified zones and overlays
Tree removal is assessed as part of broader development applications
Local councils are empowered to create and enforce local vegetation protection provisions

Planning schemes are implemented through the Victorian Planning Provisions (VPP) which set statewide standards that are then customised by local councils.

Local Government Act 1989 (and 2020)

This legislation provides local councils with the authority to:

Create and enforce local laws protecting trees
Establish significant tree registers
Implement tree protection policies specific to local needs
Issue permits for tree works on council-managed land
Enforce penalties for unauthorised tree removal

Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth)

While this is federal legislation, it has implications for Victorian tree removal when:

The vegetation contains habitat for nationally threatened species
The area is of national environmental significance
The vegetation forms part of a nationally protected ecological community

Flora and Fauna Guarantee Act 1988

This Victorian legislation specifically:

Protects threatened plant species
Preserves critical habitat for endangered species
Regulates removal of protected flora
Establishes conservation orders for significant vegetation communities

Catchment and Land Protection Act 1994

Relevant for rural property owners, this Act:

Establishes frameworks for sustainable land management
Regulates clearing that may impact waterways
Addresses soil erosion and land degradation issues
Provides for the control of environmental weeds

Local Council Regulations: Understanding Regional Variations

Tree removal regulations vary significantly across Victoria’s 79 local government areas. These variations reflect different environmental priorities, urban densities, bushfire risk profiles, and local ecosystems.

Metropolitan Melbourne Councils

Councils in metropolitan Melbourne typically have more stringent tree protection measures due to urban development pressures and the importance of maintaining urban tree canopy. Councils like Boroondara, Stonnington, and Bayside have comprehensive tree protection policies with specific size thresholds and protected species lists.

Regional and Rural Councils

Councils in regional Victoria often balance vegetation protection with bushfire management, agricultural needs, and specific regional ecosystems. Their regulations may include more exemptions for routine property management while protecting high-conservation-value vegetation.

Key Variations Between Councils

Size thresholds: Minimum size of trees requiring permits (typically 30-80cm circumference)
Protected species lists: Trees considered significant by region
Application fees: Range from $100-$600 depending on the council
Processing timeframes: Vary from 10-42 business days
Replacement planting requirements: Some councils mandate replacement trees at specified ratios
Heritage overlays: Additional protections for trees in heritage areas

When Is a Permit Required for Tree Removal?

Understanding when formal approval is required is essential for compliance with Victorian tree laws. Generally, permits are required in these situations:

Planning Overlays

Properties subject to specific planning overlays typically require permits for tree removal:

Vegetation Protection Overlay (VPO): Specifically protects significant vegetation
Environmental Significance Overlay (ESO): Protects areas of environmental importance
Significant Landscape Overlay (SLO): Preserves landscapes of scenic or cultural value
Heritage Overlay (HO): Protects trees with heritage significance
Bushfire Management Overlay (BMO): May have specific provisions for vegetation management

You can check if your property is affected by planning overlays through your local council’s planning scheme or the VicPlan mapping tool.

Council-Owned Land

Any tree on council-owned property, including street trees or trees in nature strips adjacent to private property, requires council permission before any pruning or removal work. Council-managed trees are typically maintained by council arborists or contractors.

Protected Tree Status

Trees may be protected based on:

Heritage value: Trees with historical or cultural significance
Significant tree registers: Trees specifically listed for protection
Species protection: Certain native species with conservation value
Habitat importance: Trees providing essential wildlife habitat

Size Thresholds

Most councils set minimum size thresholds above which permits are required. Common thresholds include:

Trunk diameter greater than 30cm measured at 1.4m above ground level
Height exceeding 5 metres
Canopy spread greater than 4 metres

Native Vegetation Clearing Regulations

For rural properties, the removal of native vegetation is regulated through the Guidelines for the removal, destruction or lopping of native vegetation (DELWP, 2017) and typically requires:

Assessment of the extent and quality of vegetation
Determination of offset requirements
Permits for clearing above specified thresholds

Exemptions to Permit Requirements

In certain circumstances, tree removal may be permitted without formal approval:

Immediate Danger

Trees posing an immediate safety risk due to:

Storm damage creating unstable structures
Disease causing imminent structural failure
Trees interfering with emergency services

Most councils require evidence of the danger and notification within 24-48 hours of emergency removal.

Declared Weed Species

Trees listed as weeds under the Catchment and Land Protection Act 1994 can generally be removed without permits. Common examples include:

Desert Ash (Fraxinus angustifolia)
Willow species (Salix spp.)
Radiata Pine (Pinus radiata) in some areas
Sweet Pittosporum (Pittosporum undulatum) outside its natural range

10/30 and 10/50 Rules

In designated bushfire-prone areas, the following exemptions may apply:

10/30 rule: Removal of any vegetation within 10 metres of a dwelling and understory vegetation within 30 metres
10/50 rule: For properties in designated Bushfire Management Overlay areas, removal of any vegetation within 10 metres of a dwelling and understory vegetation within 50 metres

These exemptions have specific conditions and don’t apply to all properties. Check the CFA website for current regulations.

Size and Distance Exemptions

Trees below council-specified size thresholds or within a specified distance from approved buildings may qualify for exemptions, though these thresholds vary significantly between councils.

Detailed Application Process

Step-by-Step Guide for Tree Removal Application

1. Research Local Requirements

Begin by investigating your specific local council requirements:

City of Melbourne: Visit the Tree Retention and Removal Policy page
City of Boroondara: Check the Tree Protection guidelines
City of Greater Geelong: Review the Tree Management Policy
Yarra Ranges Council: Consult the Vegetation Management information
Mornington Peninsula Shire: Refer to the Vegetation Protection resources

2. Determine Applicable Overlays and Regulations

Use the VicPlan mapping tool to:

Identify planning overlays affecting your property
Determine zoning requirements
Check for environmental or heritage constraints

3. Professional Tree Assessment

For significant trees or complex situations:

Engage a qualified arborist (AQF Level 5 certification recommended)
Request a written arborist report assessing:
- Tree health and structural condition
- Risk assessment
- Species identification
- Recommendations for management options

An arborist report typically costs $350-$700 but can strengthen your application and provide expert justification for removal requests.

4. Prepare Documentation

Gather all required documentation, which typically includes:

Property details: Lot and plan numbers, street address
Proof of ownership: Rates notice or title deed
Site plan: Accurately showing property boundaries and tree locations
Photographs: Clear images showing the entire tree and specific issues
Written justification: Detailed explanation for removal request
Arborist report: Professional assessment (if obtained)
Proposed replacement planting: If required by council
Native vegetation removal assessment: For rural properties (if applicable)

5. Complete and Submit Application

Download the specific tree removal application form from your council’s website
For properties affected by planning overlays, you may need to lodge a planning permit application
Complete all sections accurately
Calculate and pay the application fee (typically ranges from $100-$600)
Submit the application through the council’s preferred method (online portal, email, or in-person)
Retain a copy of all submitted materials and receipt of payment

Many councils now offer online application systems that streamline this process.

6. Council Assessment Process

Once submitted, your application undergoes review:

Initial administrative assessment for completeness
Technical assessment by council arborists or environmental officers
Site inspection (may be arranged with or without property owner present)
Assessment against planning schemes and policies
Consideration of any objections (some councils notify neighbours)

This process typically takes 15-30 business days but can extend to 6-8 weeks for complex cases or applications requiring referral to other authorities.

7. Determination and Conditions

Council will issue one of the following determinations:

Approval with conditions: Specifying requirements like replacement planting, timing restrictions, or engagement of qualified contractors
Approval without conditions: Full permission to proceed
Partial approval: Permission to prune rather than remove, or to remove some but not all requested trees
Rejection: With reasons for refusal and appeal options

8. Engaging Qualified Professionals

If approved, engage appropriate professionals:

Qualified arborists: For technical removal (look for Arboriculture Australia membership)
Insured tree removal companies: Ensure they have public liability insurance (minimum $10 million coverage)
Licensed contractors: Check for relevant licences and permits

Request copies of:

Insurance certificates
Qualifications
Safe work method statements
Waste disposal plans

9. Compliance with Permit Conditions

Strictly adhere to all conditions specified in your permit:

Remove only the approved trees
Comply with any timing restrictions
Implement required erosion and sediment controls
Complete specified replacement plantings
Retain evidence of compliance (photographs, receipts)
Arrange any required inspections

Penalties for Illegal Tree Removal

Non-compliance with Victorian tree protection laws can result in severe consequences:

Financial Penalties

As of 2024, penalties can include:

Individual penalties: From $1,849 up to $218,088 depending on the significance of the tree and circumstances
Corporate penalties: From $9,246 up to $435,860 for companies
Penalty units: Fines are calculated based on penalty units (currently valued at $184.92 per unit in Victoria)

Penalties typically increase for:

Repeat offenders
Commercial gain from illegal clearing
Clearing of protected or significant vegetation
Large-scale unauthorised clearing

Remediation Requirements

Courts or councils may order:

Replacement planting (often at ratios of 3:1 to 12:1 depending on the significance of removed trees)
Rehabilitation of cleared areas
Ongoing maintenance and monitoring
Payment for offset planting in public reserves

Development Implications

Illegal clearing can have serious implications for future development:

Vegetation protection orders may be placed on remaining vegetation
Development applications may be refused or delayed
Additional ecological assessments may be required
Increased offset requirements for future works

Prosecution

Serious breaches may result in:

Court proceedings
Criminal records for individuals responsible
Remediation orders
Ongoing compliance monitoring

The Victorian Department of Environment, Land, Water and Planning can pursue prosecutions for serious breaches under the Planning and Environment Act 1987 and other relevant legislation.

Special Considerations

Native Vegetation Clearing Regulations

For properties outside urban areas, the removal of native vegetation is regulated through a specific framework:

Assessment Pathways

Depending on the extent and location of clearing, applications follow one of three assessment pathways:

Basic: For small amounts of vegetation removal with minimal impact
Intermediate: For larger clearing with moderate biodiversity impact
Detailed: For substantial clearing with significant biodiversity impact

Offset Requirements

When native vegetation removal is permitted, offset requirements typically apply:

General offsets: For impacts on common vegetation types
Species offsets: For impacts on habitat for rare or threatened species
Strategic biodiversity value offsets: Based on the conservation significance of the vegetation

Offset requirements can be met through:

Establishing and registering an offset on your own land
Purchasing third-party offset credits
Making payment into the Native Vegetation Credit Register

More information is available on the DELWP Native Vegetation Clearing Regulations page.

Bushfire Management Considerations

Victoria’s bushfire risk adds complexity to tree management:

Bushfire Management Overlay (BMO)

Properties in designated BMO areas have specific vegetation management requirements and potential exemptions aimed at reducing fire risk while balancing environmental values.

Defendable Space Requirements

New developments in bushfire-prone areas must establish and maintain defendable space zones with modified vegetation to reduce fire intensity near structures.

The CFA website provides current information on vegetation management in bushfire-prone areas.

Conclusion

Before undertaking any tree removal activity, take the time to research your local requirements, consult with relevant authorities, and follow proper application processes. When in doubt, seek professional advice from qualified arborists or environmental consultants familiar with local regulations.

By following the proper legal channels, you not only avoid potential penalties but also contribute to the preservation of Victoria’s unique natural environment and urban tree canopy for future generations. Remember that trees provide valuable ecosystem services, including shade, habitat, carbon sequestration, and aesthetic benefits that enhance property values and community wellbeing.

For specific advice regarding your property, always contact your local council’s planning or environment department as regulations are subject to change and may have specific local variations not covered in this general guide.