45 Degree Rule Exemption for tree removal
45 Degree Rule
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.
Council is proposing amendments to the current 45 Degree Rule Exemption for tree removal in Shoalhaven Development Control Plan 2014 (DCP) to revert it back to the version (August 2023) that was in place prior to recent trial changes.
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45 Degree Rule
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.
Council is proposing amendments to the current 45 Degree Rule Exemption for tree removal in Shoalhaven Development Control Plan 2014 (DCP) to revert it back to the version (August 2023) that was in place prior to recent trial changes.
Stay Informed
To follow this project and receive updates, subscribe through the ‘Stay Informed’ tool on this webpage.
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CLOSED: This survey has concluded.
Council is seeking feedback on the proposed amendment to Chapter G4: Tree & Vegetation Management Development Control Plan (DCP) 2014.
Please provide your feedback by completing the below feedback form or through the Documents on Exhibition web page by 5pm, Friday 29 November 2024.
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CLOSED: This survey has concluded.
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:
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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CLOSED: This survey has concluded.
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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CLOSED: This survey has concluded.
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 pmWhere: Shoalhaven Council Administration Building - 36 Bridge Rd, Nowra
When: Thursday, 28 September 2023
Time: 4pm to 6pmIndustry 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.
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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Lifecycle
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Consultation Open
45 Degree Rule Exemption for tree removal has finished this stage6 February to 31 March 2023
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Feedback Under Review
45 Degree Rule Exemption for tree removal has finished this stageFrom April 2023
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Report to Council
45 Degree Rule Exemption for tree removal has finished this stage5 June 2023
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12 Month Trial Ends
45 Degree Rule Exemption for tree removal has finished this stage16 August 2023
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Information Sessions for Arborists and Professional Gardeners
45 Degree Rule Exemption for tree removal has finished this stageWhere: Ulladulla Civic Centre - 81B Princes Highway
When: Wednesday, 27 September 2023
Time: 4pm to 6 pmWhere: Shoalhaven Council Administration Building - 36 Bridge Rd, Nowra
When: Thursday, 28 September 2023
Time: 4pm to 6pm -
Arborist and Professional Gardener Training Needs Survey
45 Degree Rule Exemption for tree removal has finished this stage18 September to 8 October 2023
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Exhibition of Proposed Changes to Qualifications and Standards
45 Degree Rule Exemption for tree removal has finished this stage1 November to 29 November 2023
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Consideration of Feedback on Proposed Changes to Qualifications and Standards
45 Degree Rule Exemption for tree removal has finished this stageDecember 2023
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Report to Council about Changes to Qualifications and Standards
45 Degree Rule Exemption for tree removal has finished this stageJanuary 2024
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Changes to Qualifications and Standards Commence
45 Degree Rule Exemption for tree removal has finished this stage14 February 2024
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Mayoral Minute to revert rule to its previous version resolved
45 Degree Rule Exemption for tree removal has finished this stage14 October 2024
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Exhibition on proposed changes
45 Degree Rule Exemption for tree removal is currently at this stageOctober 30 to November 29 2024
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Report to Council
this is an upcoming stage for 45 Degree Rule Exemption for tree removalEarly 2025.
Frequently Asked Questions
- Imminently dangerous trees
- What is the current 45 Degree Rule Exemption?
- Is Council removing the 45 Degree Rule Exemption?
- What are the proposed changes to the 45 Degree Rule Exemption?
- Are there other ways I can remove a tree?
- When is Council consent for tree removal not required?
- How does the Proposed Tree Removal Notification Process Work?
- Why Does an Arborist Need to Remove the Tree?
- What happen if I remove a tree unlawfully?
- What is demonstrable risk?
- What is imminent risk?
- What happens after the public exhibition?
- What Happens After the 12 Months Trial Period?
Who's Listening
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Phone 1300 293 111 Email jenna.tague@shoalhaven.nsw.gov.au