The ‘10/50 Vegetation Clearing Code of Practice for New South Wales (10/50 Code)’ was introduced following the devastating 2013 NSW bush fires, including the fires which destroyed more than 200 homes in the Blue Mountains west of Sydney.
In 2014 the NSW Rural Fire Service (NSW RFS) announced that a review of the Scheme would be fast-tracked, due to concerns that some landholders were abusing the Scheme, by clearing vegetation for purposes other than bush fire protection.
The 10/50 Code permits landowners in the 10/50 Vegetation Clearing Entitlement Area to clear, on their own land, vegetation that is adjacent to an external wall of a building containing habitable rooms:
- the removal, destruction (by means other than fire) or pruning of any vegetation (including trees) within 10 metres; and
- the removal, destruction (by means other than fire) or pruning of any vegetation, (except for trees) within 50 metres
Because the 10/50 code is a self-assessment, not requiring approval from council or otherwise, this has led to misunderstandings. A major source of misunderstanding is that whilst Scotland Island and the Western Foreshores are located in a designated 10/50 vegetation entitlement clearing area; any land that is wholly or partially within 100 metres of the coastline or estuaries of NSW is excluded from the operation of the 10/50 Code.
This means that all properties in the Western foreshores and most properties on Scotland Island (except for those more than 100mm from the waters edge) are excluded from the 10/50 code entitlement.
Checking whether a property is entitled to vegetation clearing under the code is easy to do using the RFS online tool here: https://www.rfs.nsw.gov.au/plan-and-prepare/1050-vegetation-clearing/tool
Whilst the Western Foreshores are not entitled to vegetation clearing under the 10/50 code, it does not mean that the removal of trees is not possible, it just means that a greater due diligence is required to ensure that tree removal is not abused and undertaken inappropriately or excessively.
The correct process for obtaining a permit to remove a tree is as follows;
- Check if the tree is on the Council’s exempt species list. A tree removal permit is not required for an exempt species.
- Complete the councils form “Tree Removal Site Plan PDF” and submit via the council’s “Online form”. You can include photos of the tree you wish to remove. https://www.northernbeaches.nsw.gov.au/planning-development/tree-management/private-land
- Once submitted the council will determine if they will approve, or if they will inspect the tree in person, or if they will require the submission of a AQF Level 5 Arborist report to justify the removal of the tree.
- Once the application has been assessed, the council will advise if the tree has been approved for removal or not. The permit will provide details on terms under which the approval is granted.
If you consider a tree a high risk/imminent danger these trees can be removed without Council consent by obtaining written confirmation from a certified Level 5 arborist that clearly states:
a) The arborist qualifications: AQF Level 5 Arborist or equivalent
b) That the tree(s) is declared an imminent danger and high risk to life and property
c) That immediate removal of the tree(s) is recommended
d) A copy of the report must be sent to Council for record keeping purpose
We should all commit to retaining trees whenever possible, removing them only as a last resort when all other options have been exhausted or if they pose an imminent danger. This approach not only safeguards our cherished green spaces but also promotes a healthier, more sustainable interaction with our natural environment. By prioritising tree conservation, we uphold the intrinsic value of our ecosystems and ensure that our actions today do not compromise the biodiversity, beauty, and ecological health of our community.
Thanks to Chris Freeburn for this article.