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The laws regarding tree removal are quite complex. I am no lawyer, so please do not take this as legal advice, but I will do my best to try to explain the laws governing the tree industry as I understand them.
I always advise my customers to double check with the local council, and sometimes the native vegetation authority.
Trees and the Law
Most trees in the Adelaide Metropolitian are unregulated, unless they have a girth of greater than 2m, measured at 1 metre from the ground. In the case of multi trunk trees, they are unregulated unless the girths, when added up, come to over 2 metres, but the average of the trunks girth’s must be over 625mm, so trees with many small trunks are excluded.
Those trees that exceed the 2m rule are classed as regulated or significant trees. Any removal of these trees is classed as a developent, and approval must be sought from the local council. They must not be harmed although limited pruning is allowed in accordance with Australian standards. Don’t go chopping the top off!
Exemptions
In most areas of the Adelaide hills there is an exemption to the significant tree laws that says you can remove a significant tree if it is within 20 metres of a dwelling, or 10 metres in the case of natives. Between 10 and 20 metres native trees can be removed so long as they are not of significant size.
However in the Adelaide metropolitan area the exemption is only 10 metres and does not apply to natives at all. It is always best to check with your local council to find out which exemptions apply in your area. There is also a list of tree species that can be removed regardless of their size. Here they are.
1 Box Elder
2 Silver Maple
3 Tree of heaven
4 Evergreen Alder
5 European Nettle tree
6 Chinese Nettle Tree
7 Camphor Laurel
8 Monterey Cypress
9 Figs, other than a Morton Bay Fig located more than 15 metres from a dwelling
10 Narrow leafed Ash
11 Desert Ash
12 Radiata pine/Monterey pine
13 London Plane
14 White Poplar
15 Lombardy Poplar
16 Black Locust
17 Weeping Willow
18 Chilean Willow, Evergreen Willow, Pencil Willow
19 Crack Willow
20 White Crack Willow, Basket Willow
21 Golden Weeping Willow
22 Peppercorn Tree
Native Trees
Outside of the Adelaide Metropolitan area native trees are protected by the Native Vegetation Authority, regardless of their size. However there are certain exemptions. Apart from those mentioned above, you are allowed to remove native trees that are closer than 10 metres to a building(not necessarily a residence), or 5m to a fence line. T
his can be frustrating for property owners who want to do fuel load reduction work, however permissions can be sought through the CFS. Another exemption also exists that allows you to cut down trees you have planted yourself, although I’m not sure if this includes significant trees, probably not. So yeah, the legal situation is complex, but as I have said to many of my customers, contact the authorities before you undertake work to ensure there are no objections.