Brisbane City Council has strict laws in relation to the removal and pruning of local trees.
There are 4 separate categories of vegetation laws under the Natural Assets Local Law 2003 (NALL) make it easier for residents to understand whether they can remove their trees in Brisbane legally or not easier, but I’m still scratching my head on that one.
The 4 categories are:
- Council Vegetation
- Waterway and wetland vegetation
- Significant urban vegetation
- Significant native vegetation
There are no exempt species of trees so the below covers all trees in Brisbane City Council areas.
In some cases, you will need to get council approval before removing a tree, but there are a lot of exemptions that I will go through.
Rather than listing everything you can remove, I will give you the breakdown of what you cannot remove, so everything else is open game. If your tree falls outside these rules, then you are safe to remove it.
Protected trees in Brisbane
A tree can be removed without council approval if it is not protected vegetation.
Your property may have protected vegetation if it:
- Is located near or in the Brisbane River or a waterway corridor
- Is located in a bushland area or rural area
- Contains large significant trees even in an urban area
- Has heritage values.
- You should check with the Council if this applies to your property by phoning 07 3403 8888.
A permit is not required if
- A tree is demonstrating obvious signs of immediate hazard (split tree trunks; leaning tree(s) with soil upheaval).
- The tree is dead
- The signs of hazard must be demonstrated by adequate photographic evidence, and if requested an arborist report is submitted within 10 business days of the occurrence of the threat event *. Failing to demonstrate that any trees removed were causing an immediate and significant threat can result in compliance action.
How to apply for a tree removal permit
To apply for a permit to remove a tree in Brisbane City, you will need to fill out the online application form here.
You can also download a hard copy of the form and send it to CARS-NALL@brisbane.qld.gov.au
Download: Tree removal application form for Brisbane
To help the council assess the application, it is always a good idea to provide supporting evidence such as photos, sketches or anything thing else that might help. They may request an arborist report depending on the circumstances.
Conditions of approval
Every permit for tree removal in Brisbane will require you to remove the tree within a certain time frame which is normally 6 months. If you fail to do so you will need to reapply. Also, the tree you remove will need to be replaced with another approved species.
If you would prefer, you can pay for the council to plant a tree on council land to offset the tree removed. This can be costly though as you will need to also pay for the watering program until it is established.
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Fines for illegal removal in Brisbane City
Fines for illegal tree removal in Brisbane City are not specifically outlined, but going by previous cases and the surrounding council area, you could face fines of up to $10,000 for removing a protected tree without first acquiring approval.
Brisbane City Council Tree Preservation Order – TPO
The above is a summary of your local council’s tree preservation order.
Please follow the link for the full document.
https://www.brisbane.qld.gov.au/sites/default/files/20170901-natural-assets-local-law-applying-for-a-permit.doc
Brisbane City Council- Compliance and Regulatory Services
Environmental Management Team
GPO Box 1434 Brisbane Qld 4001
Phone: 07 34038888
Website: https://www.brisbane.qld.gov.au
Request the pruning of a tree on public land
If there is a council tree that is growing over your private property and you wish to prune it, you will need to fill in a quick online application and request the council to do the work.
This process is a little different from the above because the council will actually come out and do this work for free. You will not be expected to pay.
Just fill in this application form with specifics about the tree and your reason for wanting it trimmed or removed. An arborist officer from the Brisbane council will then be out to inspect the tree and arrange to get the work done ASAP.
Feel free to use our FREE service to get in touch with 3 top-voted local tree specialists.
Significant Native Vegetation removal laws
This one is pretty easy because you will need a permit to remove any native tree in Brisbane. If you are unsure what type of tree you have and need to follow these laws, you can call a local Brisbane tree surgeon.
It is always best to keep on the safe side of things and apply for a permit.
If it is an emergency and the tree is dangerous or has half fallen, you can remove it or make it safe.
Significant Urban Vegetation removal laws
I’m not 100% sure why they have a different category for non-natives as there seems to be no real difference in the law. Even non-natives will need a permit if deemed “significant”, but the council does state which trees are considered to be prominent in the landscape or have specific historical value, just that there are some trees that do, and you will need a permit to remove them IF they do. Go figure!
Basically, you will need to contact the council to find out where you stand.
The only saving grace for Brisbane council after scouring their website for information only to be met with smoke and mirrors is they do have a link to this very handy document called: Do I need a permit document (word -109k)
This is extremely helpful when it comes to working out what can be trimmed off a tree each year (20% can be pruned each year if you were wondering), plus when trees can be removed when erecting a fence and by the size of the tree if just doing some gardening.
As I took a deeper dive, I realized had they just posted this document and not the other 8 pages of the dribble, it would have been totally clear.
Summary of Laws in Brisbane
| Proposed Work | Protection categories present | Is a permit required? |
|---|---|---|
| Pruning or trimming vegetation for the purpose of maintenance or hazard management on your property. | WWV SNV SUV (except significant landscape trees) | A permit is not required to purne as long as: no more than 20% of the live foilage volume of a tree or shrub is removed in any 12 month period; and the part removed is distributed evenly over the whole crown and the tree or shrub is not left lop-sided. Pruning means maintenance or remedial pruning in accordance with AS 4373-2007 pruning of amenity trees. |
| Significant landscape trees | A permit is required | |
| Pruning or trimming a street tree for the purpose of maintenance of hazard management or removing a street tree or part of a street tree. | Council vegetation (street trees) | A permit is required Refer to the minor street tree pruning fact sheet for more information. Street tree maintenance can also be requested. Find out more. |
| Removing or pruning trees that are causing an immediate and significant threat to persons or property | WWV SNV SUV | A permit is not required if a tree is demostrating obvious signs of immediate hazard (split tree trunks; leaning tree(s) with soil upheaval). The signs of hazard must be demonstrated by adequate photographic evidance, and if requested an arborist report, submitted within 10 business days of the occurrence of the threat event*. Failing to demonstrate that any trees removed were causing an immediate and significant threat can result in compliance action. Email: CARS-NALL@brisbane.qld.gov.au Mail: Compliance & Regulatory Services Environmental Management Team GPO Box 1434 BRISBANE QLD 4001 |
| Emergencies- removal of vegetation where the removal is essential for emergency works; or where the removal is immediately required in response to an accident or emergency. | All protection categories | A permit is not required to remove vegetation that is essential to immediately respond to an accident or emergency or to provide essential access is an accident or emergency response. |
| Planting a tree or shrub or making a hole or excavation. | Council Vegetation (street trees) | This activity is not permitted unless it is in accordance with a street tree planting plan approved by council, or complies with Verge Garden Guidelines. Contact Council on 3403 8888 for further information about requesting a street tree or planting in the verge or footpath area. |
| Removing a tree or a part of a tree from around occupied dwellings and buildings. | WWV SNV SUV (except significant landscape trees) | A permit is not required to remove a tree or part of a tree as long as: The whole trunk is located within 3m of an existing lawfully constructed and occupied dwelling on a property less than or equal to 4000 meter sq. in area. The whole trunk is located within 6m of an existing lawfully constructed and occupied dwelling on a property greater than 4000 meter sq. in area. |
| Significant landscape trees | A permit is required | |
| Interference with pasture vegetation | WWV SNV SUV | A permit is not required Pasture vegetation means vegetation like grasses, crops and forbs that have traditionally been subject to grazing, mowing or slashing at regular intervals. |
| Maintenance, trimming or pruning garden vegetation and mowing lawn on a property. | WWV SNV SUV (except significant landscape trees) | A permit is not required for the maintenance of any garden vegetation with a trunk diameter (measured at 1.4m above ground level) less than 30cm. Garden vegetation means any vegetation planted and maintained in a formal garden area for food or ornamental purposes, including lawn. |
| Significant landscape trees | A permit is required for maintenance, trimming or pruning of any tree identified as a significant landscape tree. | |
| Constructing a boundary fence around a property | SNV SUV (except significant landscape trees) | A permit is not required to construct a boundary fence as long as the vegetation that is interfered with: Is located within 3m of a property boundary; and Is smaller than 20cm in trunk diameter when measured at 1.4m above the natural ground level. Fence construction must not interfere with surrounding protected vegetation. |
| Significant landscape trees | A permit is required | |
| Clearing or managing pest vegetation (weeds) | WWV SNV SUV | A permit is not required to clear pest vegetation a long as the work; Is done without damage to adjacent protected vegetation; Minimizes disturbance to the soil profiles and the potential for soil erosion; and Otherwise complies with guidelines for managing pest vegetation issued by council. |
| Clear a firebreak | WWV SNV SUV | A permit is required unless the clearing is in accordance with a written (or oral, in emergency circumstances) direction to clear a firebreak given by a Fire Warden, the Queensland Fire and Emergency Services. |
