45 Degree Rule Exemption for Tree Removal

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Council is proposing to trial changes to the current 45 Degree Rule Exemption for tree removal in Shoalhaven Development Control Plan 2014 (DCP) for a period of 12 months. The proposed amendments to the DCP will help facilitate the trial.

The 45 Degree Rule Exemption has been in place since 2004 and allows the removal of trees in urban areas without Council consent, subject to certain criteria.

The proposed trial changes follow a range of feedback provided by the community and industry through time. The proposal includes refinement of terminology and some additional criteria, including:

  • A landowner determines that the tree poses a potential short-term risk (less than one year) to the lawfully erected building that cannot be mitigated by alternative tree management approaches (e.g., selective pruning).
  • The tree must be located on the same lot that the building is located on.
  • The tree must not include a hollow and/or nests (for example, stick bird nests), or be on an upward slope greater than 18 degrees from the building.
  • The tree must be removed by an Australian Qualifications Framework (AQF) Level 3 arborist in accordance with the relevant Australian Standards. Tree removal is a highly specialised procedure requiring the skills and expertise of trained professionals to protect life and property.
  • The landowner is to notify all adjoining and adjacent landowners/occupants and Council of the proposed tree removal in writing, at least 5 business days before the tree removal is due to commence. The notification to Council must also be signed by the arborist removing the tree/s.

The 45 Degree Rule Exemption is not being completely removed from Council’s Development Control Plan. The proposed changes do not alter a landowner’s ability to remove a tree that is a genuine imminent risk to human life and/or substantial property. Such a tree can be removed at any time. If you are concerned that a tree is an imminent risk to human life and/or substantial property, you should contact the NSW State Emergency Service on 132 500 immediately.

If a tree cannot be removed in the future under the proposed 45 Degree Rule Exemption, should the changes be adopted by Council, alternative pathways may still be available, including genuine imminent risk, the NSW Government’s 10/50 Rule, a Private Tree Permit, or as part of a development application with other works.

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Council is proposing to trial changes to the current 45 Degree Rule Exemption for tree removal in Shoalhaven Development Control Plan 2014 (DCP) for a period of 12 months. The proposed amendments to the DCP will help facilitate the trial.

The 45 Degree Rule Exemption has been in place since 2004 and allows the removal of trees in urban areas without Council consent, subject to certain criteria.

The proposed trial changes follow a range of feedback provided by the community and industry through time. The proposal includes refinement of terminology and some additional criteria, including:

  • A landowner determines that the tree poses a potential short-term risk (less than one year) to the lawfully erected building that cannot be mitigated by alternative tree management approaches (e.g., selective pruning).
  • The tree must be located on the same lot that the building is located on.
  • The tree must not include a hollow and/or nests (for example, stick bird nests), or be on an upward slope greater than 18 degrees from the building.
  • The tree must be removed by an Australian Qualifications Framework (AQF) Level 3 arborist in accordance with the relevant Australian Standards. Tree removal is a highly specialised procedure requiring the skills and expertise of trained professionals to protect life and property.
  • The landowner is to notify all adjoining and adjacent landowners/occupants and Council of the proposed tree removal in writing, at least 5 business days before the tree removal is due to commence. The notification to Council must also be signed by the arborist removing the tree/s.

The 45 Degree Rule Exemption is not being completely removed from Council’s Development Control Plan. The proposed changes do not alter a landowner’s ability to remove a tree that is a genuine imminent risk to human life and/or substantial property. Such a tree can be removed at any time. If you are concerned that a tree is an imminent risk to human life and/or substantial property, you should contact the NSW State Emergency Service on 132 500 immediately.

If a tree cannot be removed in the future under the proposed 45 Degree Rule Exemption, should the changes be adopted by Council, alternative pathways may still be available, including genuine imminent risk, the NSW Government’s 10/50 Rule, a Private Tree Permit, or as part of a development application with other works.

Stay Informed

To follow this project and receive updates, subscribe through the ‘Stay Informed’ tool on this webpage.

  • CLOSED: This survey has concluded.

    Feedback Form - 45 Degree Rule Changes

    On 23 October 2023, Council endorsed a refinement of the trial 45 Degree Rule exemption for public exhibition (MIN23.613). The proposed amendments include changing the qualification in the Rule from AQF Level 3 arborist to a ‘suitably qualified and experienced arborist’. Changes to the relevant standards for tree works are also proposed.

    Before making a submission, please read the exhibition package to familiarise yourself with the proposed changes.

    The exhibition package includes:

    1. Explanatory Document
    2. Draft Chapter G4: Tree & Vegetation Management
    3. Public Notice

    Please provide your feedback by completing the Online Feedback Form below, or through the Documents on Exhibition web page, by 5 pm, Wednesday 29 November 2023.

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    Feedback Form

    The proposed trial changes to the 45 Degree Rule Exemption for Tree Removal include the refinement of terminology and some additional criteria, including: 

    • The tree must pose a demonstrable (actual) risk to the building.   
    • The tree must be located on the same lot that the building is located on. 
    • The tree must not include a hollow and/or nests (for example, stick bird nests), or be on an upward slope greater than 18 degrees from the building.   
    • The tree must be removed by an AQF (Australian Qualifications Framework) Level 3 arborist in accordance with relevant Australian Standards.  Tree removal is a highly specialised procedure requiring the skills and expertise of trained professionals to protect life and property.   
    • The landowner is to notify all adjoining and adjacent landowners/occupants and Council of the proposed tree removal works in writing, at least 5 business days before the tree removal is due to commence. The notification to Council must also be signed by the arborist removing the tree/s.

    Please provide your feedback by completing the form below by 5pm Friday 31 March 2023.

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    RSVP Form - Information Sessions

    Arborists and tree contractors are invited to attend an information session about the recent changes to the 45 Degree Rule, the new notification process and training opportunities available to upskill qualifications if required.

    In June, Council resolved to amend the Shoalhaven Development Control Plan to trial changes to the 45 Degree Rule to improve the safety of tree pruning and removal and to gather data on the use of the rule across the city.

    So far, more than 35 notifications have been submitted since the trial began on 16 August 2023.

    This month, Council is hosting two free information sessions for arborists and tree contractors working in the Shoalhaven that will cover:

    • Trial changes to the 45 Degree Rule – Council staff
    • Training pathways and what’s available for qualifications – TAFE NSW 
    • Climbing safety, safety onsite and due diligence – Safe Work NSW
    • Request for feedback about training needs – Illawarra South Coast Jobs

    Where: Ulladulla Civic Centre - 81B Princes Highway
    When: Wednesday, 27 September 2023
    Time: 4pm to 6 pm

    Where: Shoalhaven Council Administration Building - 36 Bridge Rd, Nowra
    When: Thursday, 28 September 2023
    Time:  4pm to 6pm

    Industry professionals wanting to attend need to register through the Online RSVP form below by calling Council on 1300 293 111 by Sunday, 24 September 2023.

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  • CLOSED: This survey has concluded.

    Arborist Training Needs Survey

    The Local Jobs Program is working with Shoalhaven City Council to identify the number of Aboriculture staff working with employers who already have a Certificate III qualification, or who may be interested in upgrading their qualifications to Certificate III Aboriculture to meet the new Council requirements. 

    This information will enable us to then work with registered training organisations to provide opportunities for upgrading qualifications and to identify any funding support needed for the training.

    Please complete the online survey below by Sunday 8 October 2023.

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Page last updated: 26 Mar 2024, 02:12 PM