Do I need a permit or consent to clear trees or other vegetation in the Bathurst Regional Council area?
The answer is - it depends! Vegetation clearing in NSW is governed by various legislation, regulations and planning instruments.
Whether you need a permit or consent to clear depends on:
- The purpose of the clearing
- What you are clearing – whether is it native or non-native vegetation.
- Where you propose to do the clearing – what is the land use zoning? Are you in a heritage conservation zone?
To determine if you require consent or a permit, read the following information or view this flowchart.
Clearing in association with a development in any land use zoning
If you are clearing vegetation in association with a development, the impact of the proposed removal of vegetation will be assessed as part of the development consent process. If your development involves the clearing of vegetation, your development application must include a map which clearly shows which vegetation is to be removed and an assessment of whether your development will trigger the Biodiversity Offsets Scheme . If you are granted consent for the development this will include consent for the removal of the vegetation and any consent conditions related to the removal of vegetation.
Note - If you are clearing native vegetation your development is not usually considered to be exempt development.
Clearing on rural land – land use zoning RU1, RU2, RU3, RU4
Clearing of native vegetation on rural land which is not in association with a development is not regulated by Council. Clearing in these zones is regulated by Local Land Services.
Clearing not in association with a development and not on rural land zoned RU1, RU2. RU3, RU4
If you are clearing native vegetation in non-rural areas either an approval from the NSW Native Vegetation Panel or a clearing permit from Council may be required.
Vegetation which requires approval for removal includes:
- All native trees and native vegetation on land in zone E2 Environmental Conservation, E4 Environmental Living, SP2 Infrastructure, SP3 Tourist, RE1 Public Recreation, R5 Large Lot Residential, RU5 Village & W2 Recreational Waterways under the Bathurst Regional Council Local Environmental Plan 2014.
- Native trees in non-rural areas which are verified and mapped by Council as supporting a threatened ecological community (Refer to DCP Map No. 38 – Urban Grassy Box Woodland).
- Vegetation within areas identified on a DCP Map as an environmental protection area.
See Council’s DCP Chapter 9.10 for more details.
Need a Council permit for removal of native vegetation in a non-rural zone? Download a form here.
Removing an exempt tree in a non-rural zone? – Download a form here.
Clearing specified vegetation that is a heritage item, or is with the curtilage of a heritage item, or is within a heritage conservation area
If you are clearing specified vegetation that is a heritage item, or is within the curtilage of a heritage item, or is within a heritage conservation area, development consent or a clearing permit may be required from Council.
Refer to Council’s Heritage Tree Preservation and Management Policy for more information on definitions of exempt and prescribed trees.
Need a Council permit for a heritage prescribed tree? Download a form here.
Removing an exempt tree in the heritage conservation zone? Download a form here.
For more information see Council's DCP Chapter 9.10.